From the Folkestone Observer 6 September, 1862. Transcribed by Jan Pedersen.

BURGLARY

Wednesday September 3rd:- Before Captain Kennicott R.N., James Tolputt, A.M. Leith and W.F. Browell, Esqs.

Thomas Joy, 28, baker, James Burns, 25, engine driver, Sarah Walker, 23, prostitute, and Jane Jemima Castle, prostitute, were charged with burglariously entering the "Swan Inn," Dover Road, and stealing various articles.

William Paul Robinson, landlord of the "Swan Inn," Dover Road, said that his servant came to him about 20 minutes to 7 on Tuesday morning and told him that the house had been robbed. He got up and went downstairs, when he found that a pane of glass in the back parlour had been broken, and the window itself was raised about 2 inches. He had himself fastened the window last thing on Monday night. All the things in the parlour were in confusion. A writing desk had been forced open, and a small gold pin with a real stone was abstracted from it. The cupboards had also been opened, and things turned out. A clock had stood on the cupboard, which he missed. At the time he did not notice the absence of anything else, but afterwards he missed a child's frock coat, and some babies' clothing. Going into the parlour, he missed two boxes of cigars, £3 0s 6d in gold and silver money from the till, 7s or 8s in copper money, a bottle of pale brandy (a pint), a letter, a magistrates' certificate of licence, and 3 coats. Witness then came to the police station to give evidence. The bar window, which was fastened by a small inside bolt the night before, had been forced open. There was no mark on the window, or on the writing desk, to show how either of them was forced open. The gold and silver was club money that he had incautiously left in a large packet in the till the night before. The two male prisoners came into his house between 9 and 10 on Monday evening, and went away between 10 and 11. The men came in for refreshment. The women were not with them. Witness then identified the gold pin (which P.C. Smith produced) but the red stone was missing.

Mary Jane Stace, servant at the "Swan Inn," came downstairs on Tuesday morning at a quarter to 7, and found the side door of the back parlour open. An empty wine glass was on the floor on each side of the passage; the cupboard doors were open. Five little clocks were gone from a box that stood on the sideboard. Going to the back door, she saw a ladder standing against the gate. The back parlour window was up a little way, and the bar window and till drawer were open.

William Taylor, landlord of the "General Havelock," Canterbury, said that between 1 and 2 yesterday afternoon, the prisoners Burns and Sarah Walker came into his house and ordered some refreshment. They had not been there more than 10 minutes when the bundle on the table (produced by Sergeant Newman), was given into his charge by the prisoner Burns, and both prisoners then left the house. Burns said “Take charge of this. I shall be back directly”. Witness had not seen the prisoners since until this morning. Inspector Dodd, of the Canterbury police, came to witness in company with Mr. Robinson four minutes after prisoners had left, and claimed the parcel. Walker, when she came in, asked if he had a bed to let.

P.S. Newman, having received information from Mr. Robinson, proceeded with him and P.C. Smith to Dover, and then to Canterbury, to the "Wellington" public house, where he found the prisoners Joy and Castle. He apprehended Joy, and took him to the Canterbury police station, where he told him he must search him. Joy then pulled from his pocket 53 cigars, a case knife and clasp knife, two boxes of matches, a letter addressed “Mr. W.H. Robinson, "Swan Inn," Folkestone”, and a magistrates` certificate of excise licence, dated 22nd August, 1862. When he pulled out the letter and licence he said “These are not my property”. He also produced 4s 11 1/2d. He then, at witness's request, wrote his name as John Asan. The other prisoners, Castle, Burns, and Walker were brought into the station while witness was there, and he assisted in bringing all of them to Folkestone. The bundle identified by Taylor witness received from Inspector Dodd in presence of Mr. Robinson. (The bundle was then opened, and was found to contain a quantity of wearing apparel not identified, 4 clocks, pair of German sugar tongs and a pair of scissors. Witness also produced a second bundle, that he had received in the same way, which contained several articles of children's clothes, baby linen &c.)

P.C. Smith said he went to Dover with Mr. Robinson and Sergeant Newman, and found the prisoners Joy and Castle at the "Wellington" public house. The prisoner Joy had a concertina tied up in a handkerchief, and said it was his own property, and also three coats that witness found on the table on the room in which the prisoners were. Witness asked him where he got the coats from, and he said he bought them. Witness then took Joy and Castle to the Canterbury station. Castle was rather the worse for drink. The bundle which she had she said was her own property, and she knew of nothing else. On examining her bundle nothing was found in it but her own wearing apparel. Prisoner and Castle were sitting near each other, but other persons were in the same room. While in the Canterbury station, the Superintendent brought in Burns and Walker, having found them outside the station. Robinson immediately identified Burns as the man who had been in company with Joy. Searching Burns, 2d in coppers, 5 clock weights, 2 ear drops, small gold earring, gold pin, with part of a red stone in it, and 5 cigars were found upon him.

In cross-examination by the prisoner Burns, witness said he (Burns) did not come voluntarily into the Canterbury station to enquire for a person, but was brought in by the Superintendent by the collar. Burns did not say that a man had sold him two of the things on the road. He said that he had sold the clocks to a man on the road.

Mr. Robinson, being again called, identified the gold pin, four clocks, child's jacket, letter, magistrates' certificate, three coats, concertina, silk handkerchief, sugar tongs, scissors, five pieces of baby linen and five clock weights as his property, and exceeding £5 in value.

This being the case against the prisoners, Captain Kennicott stated that the Bench had decided to dismiss the women, no property having been found on them, but he cautioned them as to their choice of companions in the future.

The prisoners then being called on for their defence, Joy said that on Monday morning he met Burns in Dover, on the road to Folkestone, and in reply to Burns he said he was going to Folkestone to look for work. He said he was also going to Folkestone. They stayed in Folkestone until about 9 o'clock, and then seeing that there was no work in the town they returned to Dover. They got up early on Tuesday and were going to Canterbury, and when they came to the station it was too early. There was a man there with two large bundles in his hand. He asked if anyone wanted to buy anything, as he was out of employment and without any money. They told him they could not do so, as they were short of money themselves. He then said he would sell them things very cheap, as he was in want of money. Burns asked him how much he wanted for the lot. At first he asked 35s. He (Joy) told him they could not give him so much, as they had only £2 between them. He then wanted 30s., but he (Joy) told him he would give him £1 8s., and he went and changed a sovereign and came back and paid him the money. Then the man offered them a lot of cigars for 2s., and so the man received 30s. for the whole, and left them, and they started for Canterbury.

Burns said the man who offered the things said they need not be afraid to buy the goods. He brought them from London. They were his own property. He had carried them a long way, and he was hard up for money. He said he would not carry them any further, for they were no use to him as he intended to go to sea. When he was leaving them, “this gentleman here” (the prisoner Joy), went to get two tickets, and the man put his two fingers in his white waistcoat pocket, and asked him (Burns) if he was married. He said he was not, but he intended to be; and the man then gave him two large ear drops and a small pin, and said “I'll bid you goodbye. Keep them in remembrance of me” (laughter). He then went away, and they went to Canterbury, where he went to the "General Havelock." Sarah Walker went out to get something to eat, but she came running back, and said the young man and woman who came with them from Canterbury were locked up. Giving the two bundles to the landlord at the bar, and asking them to keep them for a few minutes, he went to the police station, where there was a great crowd. Pressing through the crowd, he asked the Inspector if So-and-So (giving description of Joy and Castle) were locked up. He said “Yes. Come along with me”, and he (Burns) went. After he got inside the Inspector caught him by the collar of his coat, and searched him.

Both prisoners were then committed for trial at the next Quarter Sessions to be held in the borough.

One of the male prisoners (Joy) is believed to be an old convict who has served a four year sentence; and the other (Burns) is a notorious character in the neighbourhood of Chatham. He was formerly in the 17th Lancers, and subsequently worked in the Chatham dockyard. The two female prisoners, who are well known on the Camp, were arrested by Sergeant Smith of the County Police immediately on their quitting the Court, their bundles containing various articles stolen, with others, from the premises of R. Oakenfold, of Ashford, on Tuesday se'ennight. They will be brought before the magistrates at Ashford this morning.

From the Folkestone Observer 4 August, 1862. Transcribed by Jan Pedersen.

QUARTER SESSIONS

Tuesday 30th September:- Before J.J. Lonsdale Esq., Recorder.

The Grand Jury retired and in a short time returned with true bills against Thomas Joy and James Burns for housebreaking.

Anson Polaski, otherwise Thomas Joy, 28, baker, was charged for that at the general sessions for the county of Kent, held at Maidstone, on 9th of March, 1857, he was convicted of felony; at the quarter sessions held at Sandwich, on the 7th April, 1859, he was convicted of felony; an that having been so convicted of felony, he, on the 2nd September of the present year, broke and entered the dwelling house of William Hall Robinson, situate in Dover Road (the "Swan Inn"), and feloniously stole and carried away £3 0s 6d in gold and silver money, a gold pin, four clocks, a child's frock, a child's cloak, five pieces of baby linen, two boxes of cigars, a bottle of pale brandy, a letter, a magistrates' victuallers' licence, three coats, a concertina, a silk handkerchief, a pair of sugar tongs, a pair of scissors, two ear drops and a gold earring, altogether to the value of £5 and upwards. There was also a count for stealing from a dwelling house to the value of £5, and a count for larceny.

The prisoner pleaded Not Guilty.

Mr. Minter, who appeared for the prosecution, briefly stated the case to the jury, and then called William Hall Robinson.

Examined by Mr. Minter, he deposed that he was the landlord of the "Swan Inn," and that he closed his house at half past twelve on the night of 1st of September, and went to bed about 1 o'clock. In consequence of what had been told him he came downstairs about a quarter to seven the next morning, and found the pane of glass close to the sash fastening of the back parlour window broken, and the window a little way up. The writing desk had been broken open and a pin with a red stone, four clocks, and some children's wearing apparel were missing. The clocks were in a box. He then unlocked the door leading into the bar and went into it, and observed that the window looking into the passage was open. It fastened on the inside by a thumb bolt, but by shaking the sash the bolt would loosen. It was witness's habit to fasten the bar window every night. He missed three pounds and sixpence from the till, and about seven or eight shillings in copper. He also missed three coats, a concertina, a letter, and a magistrates' certificate from the bar. He saw the prisoner on the previous evening in his house. He came in for refreshment. On Tuesday morning he gave information to the police, and went with them to Dover and Canterbury. He got to the "Wellington Inn" at Canterbury, with P.C. Smith, about half past 12. The prisoner Joy was there, and they found a concertina and three coats there in his possession. Joy said the concertina and the coats were his property, and he had bought them. He was then taken to the station and searched, and a letter, a magistrates' certificate and five cigars were found on him. The concertina and coats produced were his property. He saw police sergeant Newman searching Joy at the station house, and find the letter and magistrates' certificate produced, which were safe in his house on the Monday night.

By the Recorder – The desk had not been opened for 12 months before. All the money was taken from the till.

Mary Jane Stace, a servant of Mr. Robinson, came downstairs at a quarter to seven on Tuesday morning, 2nd September, and saw that the five little clocks that the night before were in a box on the sideboard were gone. The back parlour window was open a little way. The bar window and the till were also open. Going into the back yard she saw her master's ladder leaning against the gate. The was was rather high.

Police sergeant Newman said that he went to Canterbury on Tuesday, 2nd September, with Mr. Robinson and P.C. Smith. At the "Wellington Inn" they saw the prisoner Joy, and took him to the Canterbury police station. When witness said he should search him, prisoner said he would produce all he had, which was his own property. He then produced from his pocket 53 cigars, clasp knife, a magistrates' certificate, and a letter addressed to Mr. Robinson. When he took the latter articles out he said they were not his property. When asked his name, he said he would write it. He wrote “James Asan”.

P.C. Smith gave evidence in confirmation of Sergeant Newman.

The statement made by Joy before the magistrates was then read.

The prisoner being called on for defence said he could not make any further statement than he had already made.

The learned Recorder then summed up the case to the jury, remarking that when a person is found in possession recently stolen and failed properly to account for it, the law allowed the jury to presume his guilty possession.

The jury immediately found the prisoner Guilty on the first indictment – housebreaking.

Inspector Spratt of the Canterbury police was then called to prove a former conviction, and not presenting himself, the learned Recorder then said a most serious complaint should be made.

The prisoner was, however, called on to plead to the indictment for former convictions already given, and he pleaded guilty to both.

A further indictment was then proceeded with for feloniously stealing five shillings, a watch, and a walking stick, from the premises of the "Duke of York," Sandgate, on the 31st August, to which the prisoner pleaded Not Guilty, saying that he was not in England at that time. He came from Calais on the 1st of September.

This case had not been previously before the magistrates, and as no legal gentleman represented the prosecution, the examination of witnesses was conducted by the Recorder.

William Wood said he was a builder, but had control over the till at the "Duke of York." On the 31st of August he missed all the money out of his till, a walking stick, and a bundle of cigars. He had seen the watch on the 30th of August hanging over the mantel piece. Had not seen the watch since until today. Could not say that the prisoner was at his house on the Saturday or Sunday, but he had seen him at his house several times. (This witness gave his evidence in a manner that called from the Recorder several reproofs. At last the Recorder said it was disgraceful to see a man behaving himself in the Court as he was doing that day. It was shameful. He had a great mind to commit him for contempt of Court. It was shameful the state in which he was.)

---- Wood, the son of the preceding witness said he got up on the 31st of August and came downstairs and found the front bar sash thrown open. Going down the passage, he saw the back door was open.

James Long, shopman to Thomas Long, pawnbroker, Dover, had a notion that he had seen the prisoner before, but he could not identify him as having pledged the watch, which he had taken in.

The Recorder here stopped the case, no person being able to identify the person who pledged, and then he proceeded to sentence the prisoner on the indictments on which he had been found or pleaded guilty, remarking that he had very little moral doubt himself that in the last case he stole the watch and stick, although, as the case had been got up under rather peculiar circumstances, the evidence was not satisfactory. It was quite clear that he was a professional housebreaker. He was such a person that the law must protect persons against when they went to bed at night to take their rest. He was one of those persons, evidently, who if interfered with in the carrying out of their purposes would not hesitate to use violence. He meant therefore to do what would perhaps send him out of the country for a time – though it did not necessarily follow that a sentence of penal servitude removed a criminal from this country. The sentence he meant to pass on him was that he be kept in penal servitude for fifteen years (sensation).

James Burns, 25, engine driver, was then indicted for breaking into the "Swan Inn," and stealing articles as enumerated in the indictment against Joy. The prisoner pleaded Not Guilty.

Mr. Minter, for the prosecution, recapitulated the evidence, and called various witnesses, whose evidence was the same, with unimportant variations as to possession of goods &c., as in the last case, and the prisoner's statement before the magistrates as to his being accosted by a person on Tuesday morning at the Dover railway station, from whom he bought the articles found upon him, was read. To this statement the prisoner would now add nothing.

The Recorder then summed up the case to the jury, who immediately returned a verdict of Guilty, and he was thereupon sentenced to five years penal servitude.

This closed the business of the sessions.