The Proceedings of the Old Bailey Ref:
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
GUILTY - DEATH . Aged 24.