The Queen v Thomas Byrne and Catherine Byrne

• Jurisdiction: Ireland
• Judgment Date: 16 January 1869
• Date: 16 January 1869
• Court: Court for Crown Cases Reserved (Ireland)

Cr. Cas. Res.

Before WHITESIDE, C. J.; PRGOT, C. B.; O'BRIEN, FITZGERALD, and GEORGE, JJ.; and FITZGERALD and HUGHES, BB.

THE QUEEN

and

THOMAS BYRNE AND CATHERINE BYRNE

R. v. SmithENRUNK 1 Dears. 494; 24 L. J. M. C. 135.

R. v. WileyENRUNK 1 Den. C. C. 37; 20 L. J. M. C. 4.

R. v. DringENR 1 Dears. & B. 329.

R. v. Dunn 1 Moo. C. C. 146.

R. v. DavisENR 6 Car. & P. 177.

R. v. Messingham 1 Moo. C. C. 257.

R. v. Archer 1 Moo. C. C. 143.

R. v. LangmeadENR L. & C. C. C. 427.

R. v. HughesUNK B. C. C. 242; 29 L. J. M. C. 71.

R. v. VandersteinUNK 16 Ir. C. L. R. 574.

Reg. v. DeerENR L. & C. C. C. 240.

Receiving Goods, knowing them to be Stolen Evidence of Possession Evidence of Guilty Knowledge.

68 THE IRISH REPORTS. [I. R. THE QUEEN v. THOMAS BYRNE AND CATHERINE BYRNE (1). .Receiving Goods, knowing them to be Stolen-Evidence of Possession__ Evidence of Guilty Knowledge. B., a letter carrier, and C., his mother, were indicted for receiving a gold pendant, knowing it to be stolen. It appeared that, before the 23rd of OctoÂÂber, a box containing the pendant, a brooch, and some other articles of jewelÂÂlery, was sent by post to a Mrs. W., residing at D. A letter was posted at the same time. Both should have arrived that evening. Mrs. W. got the letter. the next evening, but not the box. B. was a letter carrier at D., but it would not have been his duty to deliver the letter and parcel. From the way the letters and parcels were sorted, he might have taken them, but so might others. On. the 30th of October, C. attempted to pawn the pendant. While she was in the pawn office, B. remained outside, and left along with her. Early in NoÂÂvember, a girl who knew B. received a box by post, directed in B.'s handÂÂwriting, containing the brooch which was in the box with the pendant. Held (dissentientibus WiUmsIDE, C. J., O'BRIEN, J., and FITZGERALD, B.), that upon this evidence the jury were justified in convicting B. and C. of jointly receiving the pendant, knowing it to be stolen. THE following case, reserved from the County Dublin CommisÂÂsion, was stated for the opinion of the Court by O'Brien, J., and Fitzgerald, B. This case was tried- before us at Green-street, sitting under the ordinary. Commission for the County of Dublin, on the 5th DecemÂÂber, 1868. The indictment as tried contained three counts : The first count charged that Thomas Byrne, being a person employed under the Post Office, stole a post letter, the property of the Postmaster-General, containing several articles enumerated, and amongst others a gold pendant and a cameo brooch, the pro perty of the Postmaster-General, and charged Catherine Byrne with being present, aiding, and assisting. VOL. IV.] COMMON LAW SERIES. 69 The second count charged both Thomas Byrne and Catherine cr. Cas. Res. Byrne with receiving, knowing. the same to be stolen, out of a post 1869. letter, a gold pendant, laying the property of the pendant and let- T QUEEN wHEEN ter in the Postmaster-General. V. BYRNE. The third count charged both Thomas Byrne and Catherine Byrne with receiving, knowing the same to be stolen, a gold pendant, the property of George Wilkinson. We annex a copy of the indictment. The following evidence was given : First Witness-EDMOND JOHNSTONE. I am a jeweller, carrying on business in Grafton-street, Dublin. On the 23rd October, 1868, I made up a box into which I put a gold pendant and ear rings to match, a turquoise brooch, another brooch, two gold rings, and a steel brooch. I identify the gold pendant and cameo brooch now produced as two of the articles which I so put up. I papered the box with the several articles in it, ftnd addressed the paper to "Mrs. Wilkinson, Temple Hill, Killiney." The paper about the box was sealed. I had received the several articles so put up from Mrs. Wilkinson about ten days before. I gave the box so sealed and addressed to John Farringdon, my porter, to post, together with a letter with the same address. Second Witness-JOHN F ARRINGDON. I am in the employment of the last witness, and was so in the month of October last. On the 23rd October last I received from Mr. Johnstone a parcel or packet, such as he has described, to post. I don't remember what was the address either of the parcel or the letter. I posted them at the General Post Office between five and. six o'clock in the afterÂÂnoon of the same day. Gross-examined. I observed the size and appearance of the parcel containing the box, though not the address, and recollect the matter. The matter is fixed on my recollection by my attention having been brought to it some short time after-less than a fortÂÂnight, but I can't say how many days Third Witness-WILLIAM NOLAN. I am an assistant in the pawnbroking establishment of James Nolan, on Pembroke-quay, in the city of Dublin. On the evening of the 30th October last, the female prisoner came to that establishment, where I then was, and offered me the gold. pendant, now produced, to pawn. I THE IRISH REPORTS. [I. R. asked her name and residence. She said her name was Doyle, and that she resided at Ball's-bridge. I asked her who owned the pendant. She said that she herself did. I took her aside, and told her that there was a report that some jewellery had been lost, and that I should be obliged to stop the article, but a ed her if she could refer to any respectable person as knowing her. She said not. I stopped the article, and she left the shop. Robert Thornton, a fellow-assistant of mine in the establishment, left the shop, by my direction, immediately after-two or three minutes after. He was absent for more than an hour. It was then about a quarter past three o'clock. Cross-examined. It is a very usual circumstance for persons pawning to give wrong names and addresses. Fourth Witness-RoBERT THORNTON. I am in the same estaÂÂblishment with the last witness. By his direction I went out of the shop on the afternoon of the 30th of October. I saw the male prisoner standing immediately outside the door of the shop. I saw the female prisoner going down the quay a couple of perches off, I crossed to the other side, and followed in the same direction as the female prisoner. When...