Dover Chronicle 5 April 1862.

Hythe County Petty Sessions, Monday; Before J. Du Boulay.

Martin Holliday, James William Howell, soldiers in the 21st Fusiliers, and Mary Ann Elden, a prostitute, were charged with stealing a gold watch, a gold pin, and a gold seal, the property of Ensign Kennear Brown, 21st Fusiliers, at Shorncliffe, on the 27th March.

Prosecutor said: I am an Ensign in the 21st Fusiliers, which regiment is at present stationed at Shorncliffe Camp. About half past six on the evening of Thursday, the 27th March, I went into my hut to dress for dinner, and being rather late I laid my watch upon my dressing table. I usually lock it up in my drawers when I do not require it. There were attached to the watch, by a hair guard, a gold seal and a gold watch key. I also left a gold scarf pin lying on the table close to my watch. Having dressed myself, I locked the door of my room and left for dinner, hanging the key behind a curtain which runs across the passage. On my return from dinner, about half past ten, there was a light burning in my room. I had not lighted any candles while dressing. About ten minutes after I had returned, wishing to ascertain the time, I went to get my watch from the table, but it was gone. The next morning I also missed my scarf pin. The watch, pin, seal and key produced are my property, and the value of the same I estimate at about £30.

Lewis Lewis examined: I am a private in the 21st Fusiliers. On Monday night last, about nine o'clock, and after the lights were put out in our hut, the prisoner Howell called me to his bedside and asked me whether I could keep a watch for him till the morning. He gave me the watch in my hand, but I cannot identify it as the one produced as it was dark at the time. I asked him where he had got it from, and he told me Holliday had given it to him. I told him not to get himself into trouble over the watch, as it might belong to his (Holliday's) master, and he promised to give it back. Holliday had left the hut before this conversation took place. The prisoner Holliday afterwards came in, and Howell gave him the watch and he went out again. The next morning I told Howell I hoped I should hear no more about the watch, for if I did I should report him. The same morning I heard the police making inquiries about a robbery, and I then reported the circumstances to my pay-sergeant.

Cross-examined by Holliday: You were standing between Howell's bed and the drummer's when the former gave you the watch. The lights were out at the time, but I saw him give you the watch as I was not in bed at the time. I was about half a yard distant from you. I saw the watch when I had it in my hand, but it was too dark for me to see what colour it was. I am quite certain it was Thursday when the conversation took place.

Cross-examined by Howell: I have already stated I cannot swear the watch produced is the same one you handed to me, I am certain, however, that you did give me the watch on Thursday night.

Francis Chappell examined: I am a private in the 21st Fusiliers. About a quarter to eight o'clock on Thursday night, I saw the prisoners Holliday and Howell talking together outside the "Wellington," Sandgate. On coming up to them I saw Holliday give a pin to Howell. The pin produced I believe to be the same. We then went into the "Wellington," and Holliday left us to go into the skittle alley.

Police sergeant Smith, K.C.C.: From information received, I apprehended the prisoner Holliday on Friday afternoon upon a charge of being concerned in this robbery. He denied any knowledge of it. I afterwards proceeded to Dover, and found the prisoners Howell and Elden drinking together at a public house. I charged Howell with stealing the property mentioned in the charge, which he denied. I asked the female prisoner what she knew about the robbery, and she replied “Nothing.” Howell was then locked up in the station-house at Dover. On the 29th I again found the female prisoner at Dover, and I then questioned her very closely with reference to the robbery, but she professed not to know anything about it. When I arrived at Seabrook lock-up with Howell, he admitted that he had sold the watch to a very fat man in Dover Market-place, and the seal to Mr. Hart, of Folkestone, who he said gave him a shilling for it. I subsequently went to the "Radnor Inn," Folkestone, when the landlord, Robert Tindall, handed me the pin produced. He said that he bought it of the female prisoner for 2s. 6d. I took het into custody yesterday, and, when acquainting her with the charge against her, she said that Howell had given it to her, saying that it was a present from his brother.

Robert Tindall, the landlord of the "Radnor Inn," examined: On Friday night last the female prisoner came into my house and asked me whether I would purchase a pin, at the same time handing me the one now produced. She said she had been with an officer who had no money, which I believe is very often the case with a great number of them (laughter). She asked 3s. for the pin, but she ultimately sold it to me for 2s. 6d. At the time I bought it I had no suspicion it was stolen. On hearing of the robbery, I gave information to the police.

By Howell: I believe it was Friday night when the prisoner sold the pin, but I am not quite certain.

The prisoner Howell then said that it was Thursday night.

Superintendent Coram, of the Dover Police Force, proved the discovery of the watch at Dover.’’

The prisoners Holliday and Howell said they should reserve their defence. The female prisoner said she should not have sold the pin had she not believed the representation made of its being a present from his brother to be correct. She did not sell it for herself, but handed over the money immediately to Howell.

The Magistrate committed the prisoners for trial at the next East Kent Quarter Sessions, to be holden at Canterbury on Tuesday next, and the witnesses were bound over to appear and give evidence.

John Barkley, a resident of New Street, Dover, and who has lately occupied a stall in the Market as a pork-butcher, was then charged with receiving the watch referred to in the last case, well-knowing it to have been stolen. Mr. Delasaux, solicitor, Canterbury, defended the prisoner.

John Coram, examined: I am Superintendent of the Dover Police Force. On Saturday last, between three and four o'clock, from information received, I went to the prisoner in the Dover Market and I said to him “You've bought a watch of a soldier, haven't you?”, and he replied Yes, I have.” I said “Where is it?” and he said “I have not got it here, but I will go and fetch it.” I then went away with him, and on the road he said “It's in my garden.” We proceeded there, and at a spot in the garden the prisoner removed the earth to a depth of about five or six inches, and produced the watch, wrapped in a piece of brown paper, which he handed to me. He said he bought it of a soldier for 30s., believing it to be a silver-gilt one. I then took him into custody, and upon the road to the station-house he saw Howell, one of the prisoners in the last case, upon which he observed “That's the man I bought it of.” He then turned to Howell and said “You've not only got yourself in trouble, but me also.” From the evidence I have heard today, I believe the watch to have been stolen.

In reply to the prisoner's solicitor, Mr. Coram said he had been Superintendent of the Dover Police for eleven years, and during that time he had never heard anything against the prisoner's character. He had always known him as an honest, hard-working and industrious man.

Mr. Kennear Brown was then called, but his evidence was simply a repetition of that given in the last case.

Thomas Hammond deposed: I am the landlord of the "Prince of Wales" public house, Buckland, Dover. I was present on the Market-place on Friday last when the watch was offered for sale by a soldier of the 21st Regiment. (The witness here identified the prisoner Howell as the soldier he alluded to.) There were several of us standing in a group, but I cannot say whether Barkley was actually present when the watch was offered. He may have stepped a one side just then. I looked at the watch, and someone remarked that as I was a bit of a watchmaker I had better buy it, but I declined to do so, as I thought I had got into enough trouble about watches (laughter). I told the soldier that if he showed the watch to Mr. Coram and it was all right he would no doubt get someone to buy it.

By Mr. Delasaux: The watch was offered publicly for sale. The soldier said his friends had made him a present of it. He did not say whether the watch was gold, silver-gilt, or anything else (a laugh). He wanted £3 for it. No-one bought the watch then, but any of them could have done so if they liked. I have known the prisoner all his lifetime, and have never heard anything against his character.

Mr. Delasaux: Is that a pretty good sort of a watch?

Hammond: How should I know? (Laughter)

Mr. Delasaux: No, I should think you would not; and Barkley would not, would he?

Hammond: No, I should think not.

Mr. Delasaux briefly addressed the Court on behalf of the prisoner. He contended that no prima facie case had been made out against his client, inasmuch as it had not been proved that at the time he bought the watch he had any knowledge that it was stolen property, which the law required should be done in order to ensure a conviction. He then alluded to the evidence of the Superintendent of the Dover Police Force, which he had no doubt was the very essence of truth, and dwelt very strongly upon the fact thet the prisoner, when questioned about the watch, without hesitation admitted that he had purchased the property. It was a matter of very little importance how the property was disposed of after it was purchased, as the case could not be sustained if it was not proved in evidence that the party had at the time of buying the watch a knowledge that the property was the result of a robbery.

Defendant, having been cautioned in the usual manner, said as follows in his defence: When I purchased the watch I had no idea it was stolen, it having been offered publicly for sale in the Market-place. I was ignorant of its being a gold watch.

The prisoner was then committed to take his trial at the East Kent Quarter Sessions, James Wilkins of the "Lord Raglan," Dover, being accepted as bail for his appearance.