The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-10-22 00:00:00

EXTENSIVE ROBBERY.

Mary Fennelly, aged 15, and Richard Fennelly, aged 34,
here further were indicted, the first for having stolen fifty
sovereigns, ninty nine half-sovereigns, and a bill of exchange
for £72, the property of John Atkinson ; and the latter for
receivin fifty sovereigns and the bill of exchange, he knowing
them to have been stolen.
The prisoner Mary Fennelly,:who appeared without a cap,
or bonnett, is a good-looking girl, apparently younger than
the age assigned her in the calledar.
Mr. VENABLES stated the case for the prosecution.
Mary Atkinson sworn. lam the wife of John Atkinson,
a button-maker, in Chorley-street. The prisoner Mary
Fennelly, came into my service, as a maid of all work, in
May last. She left on the 27th of August last. On the 27th
of August, I wrapped.up 50 sovereigns in one paper, and 49
in another, in sovereign and half-sovereigns. There were
two fifties, but my husband took one out. I put them in a
box where there was a 1,01 of exchange for £72. I locked the
box and put it under my own bed. 1 went out soon after.
I stayed about an hour. I left her in charge of the house.
I returned before twelve o'clock. Mary Fennelly had then
gone and left the doors open. I:did not see her again till after
she was brought from Ireland. I went to my box and found
it locked. I opened it, and missed the money named, and
the bill. I also missed, out of a small box in the drawers,—
two brooches, a pair of earrings, a crooked sixpence of the
reign of Geo. 11.. &c. The bill was drawn in favour of Mr.
Atkinson.

Cross-examined by Mr. Murphy. The bill was a duplicate.
The first bill had been paid.
John Atkinson.—l am the husband of the last witness, and
live in Chorley-street. I left the amount stated when I went
to Dublin. 1 went in company with Ainsworth to Ireland,
and finally the male prisoner was taken at Gregnamara. 1
afterward saw him in custody. The sovereigns were tied up
in brown paper with a black string.
Ann Coady, an old woman, said.—l live in Waterford.
I knew Mary Fennelly. She came to my house on the 29th of
Augustlast. She came smartly dressed, and my grandaughter
did not at first know her. We welcomed her in. She went
away but returned. We said we were glad to see her so well
off. She said her father had £4 for evey boiling of soap.
We were all very happy to hear it. She took out a brown
paper, and counted 49 sovereigns and half-sovereigns. She
said a captain's son had given them to her. She also showed
us some small coins and a crooked sixpence.
Cross-examined by Mr. MURPHY.—What are you Mrs.
Coady ?
Witness.—l am an honest woman. (Laughter.)
Mr. MURPHY.—And how long have you been an honest
woman ?
Witness.—l have been an honest woman for seventy years,
and that was before you were born. (Loud laughter.)
Joseph Carney said—l am a publican and baker in Water-
ford. The prisoners came into my house on the 29th of
August. The male prisoner called for a quart of ale, and on
trust, and I refused. The male prisoner took out a note for
£72 at 61 days sight. I said it was not a cash note. He
then produced aome gold, but I do not know how much.
A witness of Liverpool said—On the 27th of August I saw
the two prisoners on board the Waterford Steam-packet.
Mary Finnelly remained on board, Richard came away.
Brian Corbett said he apprehended the male prisoner on
the 2d of September, at Gregnamana. I afterwards appre-
hended the daughter, and found those articles upon her—
several pieces of silver, a brooch, &c.
Mrs. Atkinson swore to one of the coins, the brooch, a
piece of a ring, and some tinsel or bullion for embroidering.
Thomas Ainsworth, constable, accompanied Atkinson, and
was with him when the male prisoner was apprehended. He
(the prisoner) on being questioned why he had left Liverpool,
said that he had gone after his daughter, who he had heard
had gone off with a man. The female prisoner was after-
wards apprehended, and she said that her father and mother
had, left Liverpool, and she did not like to remain away from
them. _ _ _

Mr. MURPHY entered into an argument with a view to
show that there wss a separate jurisdiction in Ireland ;

that as there was no proof of the receiving by the male pri-
soner in this country ; and, therefore, he was not triable in
England. The only portion of the property traced to
him was the bill of exchange, and that was in Ireland.
The RECORDER said he should reserve the paint.
Mr. MURPHY then addressed the jury. He admitted that
he had no defence for one of the prisoners. A respectable
lady had sworn to depositing the money in the box, which
she afterwards missed, and portions of it had been traced to
her and identified. With regard to the other prisoner, they
hed heard the objection be had made, but he would not de-
tain them on that, as the Recorder had-reserved the point.
The RECORDER said he should proceed to charge the jury
on that as well as the other parts of the case.
Mr. MURPHY said, by such a course the point reserved
would be neutralized and of no avail. He, therefore, ad-
dressed the jury on that point, contending that the receiving
was in Ireland ; and if so found, the prisoner must be ac-
quitted on this indictment. It would be for the court to
take what steps might be thought proper ; but the offence
being committed in Ireland, where there was a different ju-
risdiction, he must there be tried, if tried at all, and not in
England.
The Learned RECORDER then summed up at considerable
length, and the jury, after a short consultation, found the
prisoners guilty, and the male prisoner of receiving in this
country.

The female prisoner said, " Gentlemen, have mercy upon
my father : he knew nothing about my transactions."
The RECORDER said,—" Richard Fennelly, the jury, in
your case, have come to. a very correct verdict. 'Whether
you were accessary to the robbery itself, I cannot say ; but
when the crime was committed, and your daughter had left
her service, it was your first duty, that very moment, to her
as a father, and your duty to her master, as an honest man,
to cause immediate restitution of the property. In place of
that, you received the bill, and, no doubt, a large sum of the
money, and went to Ireland, there to share the spoil. 1
might transport you for fifteen years, but will not go to that
extent. With regard to the girl, her guilt is clearly esta-
blished, and the sentence of the court is, that you both be
transported beyond the seas for ten years."
Here the female prisoner exclaimed in a loud and agoniz-
ing voice, " Oh, gentlemen, have mercy on my father ! have
mercy on him ! he has got a heavy family." This she con-
tinued to repeat, in a frantic tone, till she was forcibly taken
from the bar.

After the prisoners had been put down, it was stated by
the Recorder, that not one farthing of the money taken had
been recovered,—so that in all probability; the family in
Ireland were now enjoying it.
Charles Giles, 19, was charged with having stolen four pairs
of boots, three pairs of shoes, a coat, a vest, a pair of breeches,
&c., the property of Thomas Vernon, in whose service he was.
The prisoner pleaded guilty. Mr. Vernon, and another gen-
tleman, in whose service he had formerly been, spoke in his
behalf, stating that up to the present transaction he had con-
ducted himself with great propriety. The Recorder said that
he should consider of the sentence to be passed upon the pri-
soner, and he was put down.
Ellen Williams, 32, was indicted for having stolen two
Bank of England notes, of the value of £lOO each, one Bank
of England note, of the value of £5O, three sovereigns, and
one half-sovereign, the property of James Kenyon. The pri-
soner, who was far advanced in pregnancy, pleaded guilty,—
stating that she did not know that the money was so valuable.
It appeared that the prisoner was in the service of the pro-
secutor, who put the money into a drawer in a room in the
garret, in which the prisoner slept. The prisoner broke open
the drawer, and took away the money, all of which, with the
exception of £1 Bs., was afterwards recovered. The sentence
of the court was that she should be transported for ten years.
The prisoner fainted on hearing her sentence, which was un-
expectedly severe, and was carried out of court.

POLICE INTELLIGENCE.-FRIDAY.