Housebreaking in the Parish of Rothbury
The Northumberland Michaelmas Quarter Sessions were held on Thursday, 17th October 1889, at the Moot Hall, Newcastle upon Tyne. Presiding over the court was Sir Matthew W Ridley who was supported by seven magistrates and the Under Sheriff for Northumberland. After the grand jury were sworn in, the chairman of the bench (Sir Matthew W Ridley) addressed the jury saying that the calendar only consisted of nineteen cases and, with the exception of two cases of alleged indecent assault, the rest were ‘ordinary alleged offences of larceny’.’
Thomas Smith did not have to wait very long before he was brought from the cells and placed at the bar in front of the bench. He was charged with two counts of housebreaking in the Rothbury area of Northumberland. The court clerk stood to state that Thomas was a bookmaker, aged twenty three years of age, and believed to be from Newcastle.
The Charges
The charges in the two cases against Thomas Smith were read out to the court.
Firstly, ‘For that the said Thomas Smith on the twenty eighth day of August now last past at the Parish of Rothbury in the said County feloniously did break and enter the dwelling house of George Robinson there situate and therein feloniously did steal one five shilling piece, one shilling, one sixpence, one half rupee, one twenty five cent piece in silver and two half pennies in copper of the monies, goods and chattels of George Robinson’.
Secondly, ‘For that the said Thomas Smith on the twenty eighth day of August now last past at the Parish of Rothbury in the said County feloniously did break and enter the dwelling house of John Starrs there situate and therein feloniously did steal one silver Geneva watch of the goods and chattels of the said John Starrs’.
Thomas was asked if he was guilty or not guilty to which he replied ‘I am not guilty of stealing but I am guilty of having them in my possession’.
The first charge related to Thomas breaking into the house of George Robinson, a farmer who lived with his spinster sister Mary at Sandilands in the Parish of Rothbury. The second charge was breaking into the house of John Starrs, a general labourer, who lived at nearby North Chirnells with his wife Mary.
The Proof in the first case
Thomas’s trial commenced with the prosecution calling Mary Robinson who, under oath, stated ‘My brother was out and I left between 1.30 and 2 o’clock in the afternoon. I got back between 9 & 10 o’clock the same night. When I left the house in the afternoon I locked it up. When I returned the door was not locked. The drawers downstairs were turned up. The boxes and bed upstairs were also turned up. Everything was right when I left in the afternoon’.
George Robinson was then called and under oath confirmed that he had left the house at about eight o’clock that morning and returned with his sister between nine and ten o’clock that night. He went on to say that the door into the house was unlocked and that on entering they found drawers downstairs had been forced open and emptied and on going upstairs found that boxes had been broken into with their contents lying on the floor. In addition to all of this one of the beds had been ‘turned up’. Continuing, he was able to confirm and describe items that were missing – ‘I missed a five shilling piece, a half rupee, a 25 cent piece, a sixpence worn with a hole in it, some old halfpennies one of which was dished on the edge and was of the reign of George III. I also missed a shilling that that had a lion in it and a number of three penny pieces. I identify clearly the five shilling piece produced by a nick in the edge. I also identify the sixpence produced by the hole on it by it being so worn and 2 Gs on the man’s neck on it as being mine. I further identify the George III halfpenny produced by being dished in the edge as being mine. The lion shilling produced, the half rupee produced and the 25 cent piece produced, and the old halfpenny produced are like what I had. I had several 3 penny pieces and in the money produced there are several 3 penny pieces but I can not identify them. The money was in a box in a drawer downstairs altogether. The lock of the box in the drawer had been wrenched open’.
Further statements were given by Police Constables Metcalf and Aitchison, Police Sergeants Bowmaker and Ewart, and Police Superintendent Dobson. But, as these overlapped with the second case, the contents of their statements will be explored together.
The Proof in the second case
Mary Starr was called by the prosecution and under oath she stated that her husband had left the house at about nine-thirty that morning and she at a quarter-to-two in the afternoon. She confirmed that she had fastened the windows and shutters and had locked the door as she left. Mary continued – ‘I returned a little before 9 o’clock in the evening. When I put the key in I could not unlock the door but when I turned the key the other way I locked the door. There was a false sneck on the door which still prevented the door opening. I forced the door open. I noticed nothing particular downstairs but when I went upstairs I found the doors open and when I left in the morning I had closed them. On going into my bedroom I noticed the bed had been turned up. I then looked round to see if my watch was hanging over the mantel piece but I found it was gone. The watch was hanging there in the morning when I left. I identify the watch produced as my property. Half of the small pointer is off. In the other rooms upstairs the locks of 2 boxes had been forced open and the contents had been ransacked. A cupboard upstairs had also been ransacked’.
For whatever reason Mary’s husband, John Starr, was not called by the prosecution.
Common Proof in both cases
Police Constable William Metcalf was called and under oath he stated that on the twenty eighth of August last, he had been on plain clothes duty with Constable Peter Aitchison for the annual Rothbury flower show. He went on to say – ‘In the forenoon about 11.30 when the train arrived, we saw the prisoner Smith and Williams and other 2 men go through Rothbury towards Thropton, shortly afterwards they returned into the town and from information having been received of a shop in Rothbury having been broken into, we visited the Station Hotel [now known as the Coquetvale Hotel] and saw prisoner Smith with Williams and another man in the bar’. Continuing, Constable Metcalf said that he approached the three men and told them that he wished to speak to them outside.
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Once outside of the hotel, they were met by Police Sergeants Ralph Ewart and James Bowmaker. Sergeant Ewart apprehended Smith on suspicion of breaking into a shop at Rothbury. Williams and the other man were apprehended by Sergeant Bowmaker and Constable Aitchison. The group then started to make their way to the police station.
Constable Aitchison under oath stated ‘I saw Sergt. Ewart take hold of the prisoner Smith. I and Sergt. Bowmaker took hold of the other men. We came towards the police station, Sergt. Ewart was first with Smith. When on the bridge, the prisoner Smith made his escape from Sergt. Ewart and ran along the river side. I followed. The prisoner jumped into the water’. Constable Aitchison continued under oath to state that as he followed Smith into the river, he saw Smith throw a purse; a crowbar and a watch into the water and as he reached Smith ‘he attempted to stab me with a knife which he afterwards threw into the water’. Aitchison stated that Sergeant Ewart and Constable Metcalf came to his assistance and that he witnessed Sergeant Ewart recover the said items from the river.
Constable Metcalf, under oath stated ‘When Smith was in the water I saw him throw several articles into the water. Before P C Aitchison got a hold of him in the water, Smith drew a knife and attempted to stab P C Aitchison. Aitchison then got hold of the prisoner’. Metcalf went on to state that ‘I searched the prisoner and found in his possession a five shilling piece, a 25 cent piece, one half rupee, a lion shilling, one sixpenny piece which are now produced. I also found 16 three penny pieces, 5 pennies and 6 halfpennies and 2 farthings which are also produced. I handed them all to Supt. Dobson at the Rothbury police station’. Smith was escorted to the police station where a further search of Smith by Sergeant Ewart found a leather bag containing ten skeleton keys and another shilling in Smith’s boot.
The prosecution then called Sergeant Ralph Ewart who, under oath, confirmed his part of the apprehension of Smith and of the other men and subsequent events as told by Constables Aitchison and Metcalf.
Sergeant James Bowmaker was called on the twenty ninth of August, the following day, and under oath said that Superintendent Dobson gave him the skeleton keys and crowbar to see if they matched evidence at the crime scenes. Bowmaker stated that one of the skeleton keys operated the door lock at John Starrs and that ‘an indentation on the front side of one of the boxes exactly corresponded with the turned end of the crowbar’.
The final witness for the prosecution, Police Superintendent Thomas Dobson, was called and under oath. He confirmed that all of the recovered stolen items had remained in his possession since receiving them at Rothbury Police Station on the 28th August. He also confirmed that on the same day, he had been given the crowbar and bag containing the skeleton keys. Both had remained in his custody except when, on the 29th August, he had given them to Sergeant Bowmaker for comparison to evidence at the crime scene at John Starr’s house.
The prisoner was then asked if he wished to say anything in his defence and he reiterated that he did not break into the houses but that he had been in the company of a man who did.
The jury were then instructed by the chairman of the bench to retire from the courtroom and to return when they had decided on their verdict.
The Verdict and Sentence
When the jury returned, their verdict was announced. Smith had been found guilty on both charges of housebreaking.
The chairman of the bench responded by saying that the man the prisoner spoke of was a professional burglar and bad company. He went on to say that there was no evidence that the prisoner had been convicted before and that he hoped that Smith would not appear in front of the bench again. He then pronounced sentence, Thomas was to serve six months imprisonment on each charge with the sentences to run concurrently.
Thomas was then led back to the cells below the courtroom and later that day he was returned to the Newcastle Gaol situated in Carliol Square where he served his sentence.
Searches of various records have been made to try and find out what happened to Thomas after his release from prison but it was found that there were a number of Thomas Smiths in the region all of whom were of a similar age thus making it impossible to pinpoint ‘our’ Thomas.
We would like to give a special thanks to the volunteer whom tirelessly researched and produced this blog piece.
