The Proceedings of the Old Bailey Ref: t18331128-1
Against JOHN KELLY for theft : housebreaking.

Second London Jury, before Mr. Common Sergeant.

1. JOHN KELLY was indicted for feloniously breaking and entering the dwelling-house of William Reynolds the younger, on the 28th of October, at St. Olave, Hart-street, and stealing therein, 1 great coat, value 4l., the goods of William Reynolds the elder, and 1 coat, value 3l., and 2 pairs of trousers, value 2l., the goods of Henry Augustus Harvey .

WILLIAM REYNOLDS , JUN. I live at No. 2, Savage-gardens, in the parish of St. Olave, Hart-street, in the city of London. On the 28th of October, I was at home, I was called by my housekeeper, who told me something; I went up-stairs to the first landing-place, where I saw a bundle of clothes on the floor; I heard also a step above stairs, and I proceeded up-stairs to where I thought I heard the noise; I went into the room on the second-floor; I locked that door and proceeded to the top room of house - I locked under the bed in that room, and found the the prisoner at the bar there - I took hold of him by the feet and pulled him out; he pretended to be drunk, and asked if it was not his boarding-house - I made him get up, brought him down stairs, and gave him into the custody of the beadle of the parish - the bundle contained a greatcoat, a coat, and two pairs of trousers; the great-coat was worth 4l., the coat 3l., and the trousers 1l. each - I do not recollect where I had seen these articles before, for they were not mine - we found a key about a week afterwards concealed under the carpet in the room where I found him, it is a new key - the outer street door is open during the day-time, but about eighteen or twenty feet in the passage there is another door which is constantly closed, and the key that was found up-stairs, opened that door with great ease - the bed-room doors were all open - this was about half-past five or six o'clock in the evening - the great coat was my father's, who happened to be on a visit to me at the time, his name is William Reynolds ; the other coat and the trousers were Mr. Henry Augustus Harvey 's, who was then, and is now residing with me; but where this property had been, I don't know of my own knowledge - it is my own dwelling-house.

ELIZABETH PLACE . I am housekeeper to the prosecutor. I heard a noise on the 28th of October, between five and six o'clock, and told my master of it - I had put the great coat on the Saturday before, on the drawers in the second-floor front-room, which Mr. William Reynolds occupied; the 28th was on the Monday - I saw the coat there on the Saturday night, and on the Sunday morning, and on the Monday morning about twelve o'clock - I am sure I saw it on the drawers on Monday - Mr. William Reynolds Senior was at home on that Monday after twelve o'clock; but he never went up-stairs.

Q. Now recollect be cautious, can you swear he never went up-stairs between twelve o'clock, and the time the prisoner was taken? A. Yes, Sir; no one went up-stairs but myself between twelve o'clock and the time the prisoner was taken - no one could go up without my knowing it - there was no bundle on the stairs at twelve o'clock - I know these other things are Mr. Henry Augustus Harvey's.

JURY. Q. There is a passage-door? A. Yes, and that could not be opened without a key - there is a way up-stairs from the counting-house, but the gentleman were there till five o'clock, when they dine.

COURT. Q. But whether any of them went up-stairs and moved this property, you don't know? A. No.

COURT to MR. REYNOLDS JUN. Q. Were you in the counting-house from twelve to five o'clock? A. No; I was there part of the day, but not from twelve to five o'clock.

THOMAS DEVEY . I am a constable. I took the prisoner, and have the key.

ELIZABETH PLACE . This key I found under the carpet, it opens the passage-door very easily.

JURY. Q. Where is the room you sit in? A. Even with the street; no one could go up without my hearing the door; I heard the latch of the door go in the evening, and I then told my master.

Prisoner's Defence. I am innocent of opening the door or stealing anything.

GUILTY - DEATH . Aged 24.