Old Bailey Proceedings Online (www.oldbaileyonline.org/, version 6.0, 27 September 2011), September 1837, trial of WILLIAM GILES JAMES MOORE JAMES M’CONACHY JOSEPH ANDREWS (t18370918-2238).
Dated: 18th September 1837.
WILLIAM GILES, JAMES MOORE, JAMES M’CONACHY , and JOSEPH ANDREWS , were indicted for burglariously breaking and entering the dwelling-house of Henry Whiffin, at St. Paul, Deptford, about the hour of one in the night of the 19th of August, with intent to steal, and stealing therein, 2 cruet tops, value 5s.; 3 pencil cases value 10s.; 1 brooch, value 9s.; 2 vinagrcttes, value 14s.; 1 snuff box, value 10s.; 1 ear-ring drop, value 4d.; 1 purse, value 6d.; 2 handkerchief value 2s.; 13 spoons, value 5l.; 1 thimble, value 6d. ‘, 1 coat value 10s. 1 cloak, value 2s.; 2 gowns, value 2l. 10s.; 1 apron, value ls.; 4 scarfs value 11s.; 1 cruet frame, value 5l. 1 mustard pot and spoon, value 5l 1 pair of spectacles, value 5s.; 1 wine strainer, value 1l.; 1 pin cushion, value 6d.; 1 tobacco stopper, value 6d.; 1 pair of snuffers, value 5s.; and 1 pair of sugar tongs, value 10s.; his property: 1 thimble, value 6d.;6 Keys, value 1. 6d.; 2 handkerchiefs, value 2s.; 1 purse, value 5s.; 1 pair of scissors, value 1s.; 1 knife, value 1s.; 6 sovereigns, 14 shillings, and the sum of 1s. in copper monies; the goods and monies of Frances Puig; and that Giles had been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
FRANCES PUIG . I live at Deptford, with my son, in the house of Mr. Henry Whiffin, in the parish of St. Paul, Deptford. On Saturday, the 19th of August, the house was all safe when I went to bed, which was with in few minutes of twelve o’clock. The fastenings of the house were secure as usual, they were quite safe. The windows were not fastened, but the window in question was down, and the Venetian blind over it. That is a window on the first floor landing-place, it was not fastened, but pushed close down and the blind was down over it. My servant, my baby, and myself were is the house on this night. I went to bed, and heard a noise, as I fancied, about two o’clock. I burn a rush-light, but it was gone into by some means, and I was rather surprised at it. I sat up a little time in bed to listen, and after listening some time I heard a second noise over my head, like the fire-irons falling down. I instantly got out of bed, and gave the alarm. I went down stairs, and into the street, as far as the chapel. I went out at the front of the house, I saw one of the railway policemen. I did not see any person go from the house. As soon as I got hold of the policeman’s arm, he supported me, and brought me home. I was confused, and could scarcely see, but when I returned to the house I observed the window which had been down was open, and the two back doors I found open. Those doors had been secured the night before. I discovered that the house had been robbed, I missed some of my own property, my pockets were turned inside out, and empty. They were the pockets which I wore. I missed my purse, with six sovereigns in it, and some silver which I had in my pocket, and every thing which had been in it. They had been on a chair the night before, at the foot of my bed, in my own bedroom. I have since seen the purse and some of the property. M’Conachy, Q. Which way did the thieves break into the house? A. I cannot say, but the window was open, and I found the two back doors open. I did not observe that the bolts were broken, nor was the window that I know of.
ROSETTA ANN WELLS . I am servant to Mr. Whiffin. On Saturday, the 19th of August, I was sleeping in the house, and about one o’clock I heard a noise, I remained still, and heard it again. I got up, the noise appeared down stairs, I thought at first it was in the parlour. I afterwards heard the noise repeated. I then heard it in the kitchen, I got out of bed, listened, and looked over the bannisters on the landing. I saw somebody’s hand placed on the bannisters, and a flat candlestick in his hand, I could not see who it was. I listened again, as I thought it might be Mrs. Puig. I went to bed again, and about a quarter after two o’clock I heard a noise again in the room under me, which is a bedroom, but no body sleeps there. About three o’clock, or twenty minutes after, I heard Mrs. Puig, I did not raise any alarm till I heard her. I did not hear her voice, I opened the window and saw her outside. I asked if it was Mrs. Puig, and she answered me, and I raised an alarm. My window is at the back of the house, Mrs. Puig went down the garden, I saw a man get up a tree when she was going down the garden. The tree was near the wash house. I saw another man get up the wall, I then gave an alarm. I did not see what became of the man who got up the tree, as I went down stairs, leaving the window, the railway flags are on the other side of the wall; where the other man was getting up. A person might get from the tree on to the wash-house, through a timber-yard, and on to the railroad. I had seen nothing but the hand and candlestick on the banisters, that was all I saw at that time. I got into bed after that, and afterwards saw a man come up stairs with a lantern while I was laying in bed. I had put the’ door wide open on purpose to listen, he stood on the top stair and looked round, he did not come on the landings, he did not do any thing, he stood there a moment or so. I did not know what to do, whether to say any thing, I closed my eyes for fear his eye should catch mine and turned round and coughed. I saw no more of him, he went down, he did not come on the landing-place. It was about twenty-five minutes after three o’clock when I looked out of the window, and saw Mrs. Puig, and it was about three o’clock when the man came up stairs. I cannot tell who the man was.
ROBERT LOGAN . I am a policeman in the employ of the London and Greenwich Railway Company. On Sunday morning, the 20th, I was alarmed by a noise from Mr. Whiffin’s house, about twenty-five minutes after three o’clock I saw Mrs. Puig, who said there were thieves in the house. I went in with her, and observed the window on the landing-place open; in consequence of which I endeavoured to see if any one had gone away the back way. Wells gave me information, I went down stairs as quickly as I could, and found the back door open, I went into the garden but did not succeed in finding them. I took one direction, and it turns out that they took another. I found the house very much disturbed, and property disturbed in, I think, three or four rooms. I found a mustard pot by the side of the railway wall; on the railway side of the wall, not on the part which would be Mr. Whiffin’s garden. A person getting over from there would be in Mr. Whiffin’s ground, it was very near the wall. A man in my presence picked up a pair of spectacles, a few yards from the mustard-pot.
ABRAHAM CURTIS . I am a policeman of the Railroad. On the morning of the 20th of August, about three o’clock, I was alarmed on my beat by hearing a female voice ‘cry, “Thieves and police”. Two people directly came over the wall, not a minute after I heard the voice. It is the boundary-wall of the railway, between the railway and Mr. Whiffin’s garden. I endeavoured to take them, one went through the arch, and the other came down the wall directly after. I took the last, who was James M’Conachy, he had only one shoe on. I sprang my rattle, and shortly afterwards Andrews was brought to me. It was not five minutes after the alarm was given before he was in custody. I could not justly identify him as the man who got over the wall, it was not exactly daylight but the moon was shining through the arch. I could tell him by the dress he had on. I found no property on M’Conachy.
EDWARD VINCENT . I am a policeman of the Metropolitan Police. I heard a rattle spring about half-past three on the morning of the 20th of August. I hastened to the spot, and saw a man run from under the arch of the railway, I did not exactly see where he went to, I lost sight of him, and followed the sound of his footsteps to an unfinished house. After waiting less than a minute I saw the prisoner Andrews come from unfinished house, and I apprehended him. When I found Mr. Whiffin’s house had been broken open, I searched him, and found a quantity of plate on him, which I produce; here are 3 table-spoons, 8 tea-spoons, 2 salt spoons, a scent bottle, 2 bunches of keys, 3 sovereigns, and 3s., in silver, a thimble, and a knife. I found all these in his right hand trowsers pocket. I took him to the station-house. I found a mustard-spoon by the side of the railway wall, by Mr. Whiffin’s premises, I did not find any thing else.
Andrews. Q. How long might you have lost sight of me? A. Not. more than a minute.
JAMES CONNOR. I am a policeman. On the morning of the 20th of August, I assisted Vincent in searching Andrews, and I found on him 1 sovereign 3 pencil-cases, 2 cruet-tops, a small scent-box, 1 ear-ring, 1 knife, and 1 small ivory snuff-box. They were in his left-hand trowsers pocket also 2 old shillings, and a 6d., a brooch, a red silk purse, with about 3 1/2 d in it, a white silk handkerchief, and a belcher handkerchief.
JOHN WILLIAM RIXON . I am a policeman. On Sunday morning, the 20th, I searched the garden belonging to Mr. Whiffin’s houses, about twenty-five minutes after three o’clock, and found a wine-strainer at the end of the wash-house, close under a tree, and also the cruet-stand, and a bunch of keys. I found in the yard, near the spot, a pair of scissors, and under a tree a socket chisel, the tree would lead to the top of the wash-house. I found a knife on M’Conanchy at the station-house, which has not been owned.
JOSEPH WILLIAM CLARK. I am a policeman. On Sunday morning, About half past three o’clock I was near Mr. Whiffin’s premises, in the Yard adjoining the house, behind the house there is another yard beyond that, before you get to the railway. In the yard behind the house I found one great-coat, a silk dress, a dressing-gown, three silk handkerchiefs, and a scarf.
WILLIAM CROXON . I am a police-sergeant. On the same Sunday morning, about half-past three o’clock I went to the garden belonging to Mr. Whiffin, and between then and half-past five o’clock I found a variety of articles, which I produce. A scarf, a pin-cushion, a tobacco stopper, and other articles. I also found a right-foot shoe in a potato garden in Mr. Whiffin’s grounds. You would not go through it to get to the railway, it is the corner piece, the railway boundary wall separates the railway from Mr. Whiffin’s premises. You would not go that way from the railway to the house, it is an angle, sown with potatoes. A person could get from Mr. Whiffin’s premises to the railway by going through the potato ground. That shoe was afterwards shown to M’Conachy, and he said, “Oh, you have got my shoe.” I was present when he said so. He then began to pull his stocking over his right toe to have the shoe put on, and said, “Ayn’t you going to give me the shoe?” I said, “No, I must have the other one, he took his other shoe off, and gave it me. When he said it was his shoe, I said, “Where did you leave it?” He said, in the potato garden, or in the garden, among the potatoes. I cannot swear which. I did not fit the shoe on him, but I took the other one off, which was the fellow to it, they looked like a pair, and they certainly are a pair of shoes. They are nailed and ironed in the same manner. He asked me what he should do without his shoes. I said he should have a new pair. He asked when, and I said he would have to walk some distance first, and he said he was lucky like me.
HENRY THOMAS DALLEY . I am a police-sergeant. On Monday, the 21st of August, I was in High-street, Shadwell, and saw Moore and Giles in company with another person. I gave directions to have them looked after. I saw Moore, when the constable laid hold of him, drop himself down towards the kennel, and something white, having the appearance of silver, fell from him into the kennel. Gilles and the other ran away. A man named Chataway, who is subpeonaed here, came up quickly, put his jacket over it, and walked off with it. I left the other two, and went after Chataway, and took him. I asked what he had there, and he had a pair of plated snuffers in his jacket, under his arm, with mud and filth out of the kennel on them. The jacket appeared just in the same way as when he gathered the things out of the kennel. I afterwards searched Moore, and in his hat found thus blue silk handkerchief, and a crape scarf; on his neck a remnant of silk tied as a handkerchief; and in his pocket, this small knife, attached to a piece of tape, which he was wearing at his button-hole. I apprehended Giles about twenty-five minutes afterwards. The constable took Moore, by my directions – I found nothing on Giles belonging to the prosecutor. I asked him what he ran away for. He said, “I did not run away”, he said, “You are welcome to search me; I have nothing about me now.” Mr. Whiffin gave me the leg of the pair of snuffers, which are deficient a leg.
Moore. Q. Did you see me drop down with the snuffers? Witness. A. Yes.
Moore. When he took me to the station-house he said, “Why the h___ did you not stop that other boy? I think he dropped the snuffers down.” Witness. I did not, I am positive it was Moore threw them down.
HENRY WHIFFIN . My house is in the parish of St. Paul, Deptford. (Looking at the property) These spoons are mine, the table and tea spoon, and the others. This wine-strainer is mine, these dresses are my daughter’s, these snuffers I am positive of by the dent in them. I gave the policeman the leg which had broken off when the snuffers had a fall. This little box is my servant’s.
SUSANNAH WHIFFIN . I am the daughter of the last witness. (Looking at the articles found on Moore) This piece of silk, the crape scarf, and hand kerchief are mine, I left them all safe in my drawers in the first floor bed-room. I know the other articles to be my father’s and these articles of dress found in the yard I know to be my sister’s. They all belong to the family. I know the remnant of silk, I remember it very well.
MRS. PUIG re-examined. This bunch of keys is mine, and the pair of scissors, two pin-cushions, 2 handkerchiefs, and the money. I have no mark on the sovereigns, but I had six in this purse. The silver was loose in my pocket, this white silk handkerchief was in the pocket also, and this handkerchief was in a large box below in the pantry. This small box belongs to the servant, I have seen it in the kitchen.
M’Conachy’s Defence. On the 19th of August, I left home at half-past two in the afternoon, to walk to Greenwich Park. I crossed the water at Execution-dock, on going down Deptford-road, I fell in company with a young man, who asked where I was going. I told him. He said he had no work and would walk with me, we came out of the park, and went to a public-house and had some beer, we sat there till half-past eleven o’clock on Saturday night, and started to go home. Coming along by the railroad he bid me good night, I thought it was too late to go home, and got over into the garden to go to sleep, I came up to a piece of board where there were some leaves of trees. I awoke about three o’clock, and found one of my shoes off, and a stone had got to my toe, I heard a cry of “Stop thief”, I immediately got up and set off, with my shoe in my hand, and let it fall just over the wall, and the policeman caught hold of me. I know nothing of the robbery.
Andrews’ Defence. On the 17th of August I got a job to go to Gravesend with a barge, and on the 19th I left Gravesend. On Sunday morning, between three and four o’clock, I was coming through Deptford, two young men were quarrelling, I went to them. They made it up, and I left them. When I got on the top of the railway I heard a rattle spring, a young man put a bundle into my hand, and said, “Run with it”, I ran into the empty house with it, not wishing to be seen with it I opened it in the house and found the spoons, I came out and was searched, and the property found on me; but I knew nothing of the robbery.
M’CONACHY GUILTY . Aged 19.
ANDREWS GUILTY . Aged 21.
Death Recorded.
GILES and MOORE NOT GUILTY .