A close encounter at the theatre sends one ‘very old thief’ back to prison.

Ticket-of-leave

As Daniel Vincer was pushing his way up the crowded stairs of the Victoria Theatre (the ‘Old Vic’ as we know it) he thought he felt his watch move. Reaching to his fob pocket he discovered it was half out and he pressed it firmly in again. Looking around him he noticed a man directly behind him but presumed the timepiece had just come loose in the press of people.

Just second later though he felt the watch leave his pocket. Turning on his heels he saw it in the hand of the same man who was in the process of trying to break it away from its guard. As soon as the thief realized he’d been noticed he fled, with Vincer in pursuit.

The odds favoured the pickpocket but Vincer managed to keep him in sight as they moved through the theatre goers and with the help of one of the venue’s staff, Vincer caught his man.  On Saturday morning, the 13 August 1864, Vincer gave his account of the theft to the sitting magistrate at Southwark Police court.

The thief gave his name as Charles Hartley but Mr Woolrych was told that the felon was an old offender who also used the name Giles. He was, the paper reported, a ‘morose-looking man’ but then again he had just spent a night in the cells and was facing a potential spell in prison, so he’d hardly have been looking chipper.

Had Vincer seen the man actually take his watch, did he have it in his hands? Vincer said he had. ‘He put his hand along the chain’, Vincer explained, ‘and [he] saw the prisoner break it off’. There were so many people on the staircase that Vincer hadn’t be able to stop him doing so, he added.

Hartley denied everything. He’d ditched the watch as he ran and so was prepared to brazen out a story that he was nowhere near the incident.

However, this is where his past indiscretions caught up with him. Stepping forward a police sergeant told the magistrate that Hartly was believed to be a ‘returned transport’. In other words he’d previously been sentenced to transportation to Australia and had either escaped or, much more likely, had served his time and earned a ticket of leave to come home.

‘That’s a lie’, declared Hartley, ‘I never was in trouble before in my life’.

This prompted the Southwark court’s gaoler to step forward and ‘to the prisoner’s mortification’ identify him as a ‘very old thief’. If his worship would just remand him, Downe (the gaoler) insisted he could prove at least 20 previous convictions against him. Not surprisingly then, that is exactly what Mr Woolrych did.

So, did Hartley (or Giles) have a criminal past?

Well the digital panopticon lists a Charles Giles who was born in 1825 who was frst convicted of an offence in 1846 (aged 21). He was accused of forgery at the Old Bailey and sent to Van Diemens Land for 7 years.  He earned a ticket of leave in September 1851 but this was revoked just one year later, on the 13 September.

Could this be the same man? By 1864 he would have been 39 but could have looked older after a life spent in and out of the justice system, and at least two long sea voyages in poor conditions. The gaoler had described him as ‘a very old thief’ but it might have meant he was an experienced offender not an aged one. There are various other Giles’ but none that fit well, and several Charles Hartleys but again none that dovetail with this offence.

When Hartley came back up before Mr Woolrych on the following Friday PC Harrington (32L) gave the results of his investigation into the man’s past. He told the court that the prisoner had indeed been transported and had been in prison several times. By the middle years of the nineteenth century the criminal justice system’s ability to track a criminal’s life history had improved significantly even if it hadn’t developed the forensic tools that modern police investigations depend upon (such as fingerprints and DnA tests).

Sergeant William Coomber (retired) said he recognized Hartley as a man he had helped put away several years ago. According to him the prisoner had been sentenced (at Surrey Assizes) to four months imprisonment in 1851 for a street robbery, before being transported for 7 years in July 1853. He had earned his ticket of leave in January 1857 but attempted to steal a watch and got another 12 months instead.

Mr Woolrych committed him for trial. By 1864 he wouldn’t be transported again so the unfortunate, if serial, offender was looking at a long term in a convict prison.

[from The Standard, Monday, August 15, 1864]

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