Elderly Governor of St Michan’s Transported for Vestry Charity Theft, 1819

From the Dublin Weekly Register, 11 December 1819, this very old story of a crime committed at St Michan’s, Church Street, by one of its oldest and most respected parishioners:

“COMMISSION – TRIAL OF WM SMYTH.

Saturday last, the Commission of Oyer and Terminer was opened with the usual formality, before the Right Hon the Lord Mayor, and the Hon. Justices Daly and Johnson.

William Smith was arraigned for feloniously stealing, on the 14th of November last, at the Vestry-room of St Michan’s Parish, in this City, a note of the Bank of Ireland, for and of the value of £1, the property of the Rev. Piers Gamble, Clerk; and in other counts, the property of the Lord Mayor, Sir W Stamer, Bart, the Hon Baron McClelland & c, Collectors of the Charity; and in other counts, the property of the Trustees of the Charity, the Church-wardens, and of the Children objects of the Charity.

The Solicitor-General, as leading Counsel for the Crown spoke as follows:- My Lords and Gentlemen of the Jury, it falls to my duty, as one of the Counsel for the Crown, to state the important and truly awful case contained in the charge for felony, committed under circumstances of peculiar aggravation and notoriety by the prisoner at the bar, Mr William Smith, a person who, through the whole of his life, had uniformly maintained and preserved a respectable situation in society, and a fair and honest character.  The charge against him is for stealing Bank of Ireland and other notes, which had been part of a collection at a charity sermon, for the support of a number of orphans of St Michan’s parish.

On the 14th day of November last, a Charity Sermon was preached in the Church of St Michan’s for the benefit and support of the Parochial School. Mr Smith, it will appear to you, had been very active in forwarding the interests of this Charity; he was one of its Governors; he assisted in arranging everything for its final success; put the children in order, and marshalled them in due array for their procession before the Benefactors, and walked at their head on that occasion. 

Several gentlemen of the first respectability, as usual, were appointed as collectors. The Reverend Mr Piers Gamble, Curate of the Parish, it will be proved, officiated as Treasurer to the Charity, and into his hands, after the collection had been made, the whole amount was given to dispose of as might be thought most advantageous for the objects of the charity. The collectors were of the first respectability, the Right Hon the Lord Mayor, the Hon Baron McClelland, Alderman Bradley King, and two or three others equally respectable, and these were attended by appropriate ushers, gentlemen who assisted them in the execution of their benevolent office. The prisoner attended on and assisted Alderman King. When the collection was completed, they came in together the first of the whole collectors into the Vestry-room, and Mr King deposited his plate or dish upon the table.

Immediately after several of the other Collectors entered, and all at length came in with their collections and laid them on the table. A number of gentlemen, curious to know the amount, came in about this time, and the room was pretty crowded. About this time, and before the Collectors began to count, the prisoner, (Mr Smith) was observed by Mr King and others to be taking money off one dish and placing it on another, and then off a third and putting it on a fourth, as if to equalise the sums.

When Alderman King came to reckon the amount of the collection, Mr Smith, unasked, began to count at the same time, and the Alderman could not but take notice that the cuff of his coat was unusually long and altogether covered his hand.  He appeared to crush with his right and push the notes together with his left, instead of which he continued to get some of them into the palm of his hand where he crushed them into a little round ball, then suddenly and secretly carrying his left hand to his pocket and depositing the contents a second but even a third time.  Mr Rosborough, who was in the room, and likewise observed him, and each of these gentlemen, particularly the former, who walked up close to his side, to be convinced of what he saw; and on looking into his coat pocket, and seeing a confirmation of what he suspected, lifted his hands and eyes to heaven with horror at the sight.

Mr Smith got up, and walked to the other side of the room   Alderman King arose, went over to Mr Smith, and asked him to walk with him out of the Vestry Room into the aisle of the Church. When they got to the aisle, Mr King asked him, if he was not ill, upon which the prisoner replied that he was perfectly well, as well as ever he was;  the Alderman told him if he had not been unwell he surely would not have done what he saw him do a while ago in the vestry room.  Smith boldly asked what it was he had seen him do, upon which Mr King said, I saw you put some of the bank notes which you were counting into your pocket.

The prisoner on this appeared very indignant and spoke in terms of defiance at so foul a reproach. When he found he could not carry his point by this conduct, he at length put his hand in his left coat pocket and pulled out three notes, then telling Alderman King – you are right sir, perfectly right; here I have some notes which I must have put into my pocket inadvertently when looking for my snuffbox or pocket handkerchief.  Mr King, who was convinced he had many more, was not satisfied, and desired him to search again, Smith now took the hint and, for the first time put his hand to his head, complained about being deranged in his memory and putting his hand again in his left coat pocket, pulled out a ball of notes much larger than the first, and gave them to Mr King.

Mr King was still persuaded there were some more behind, upon which Smith appeared very indignant and declared repeatedly that he was ready to take his oath upon the Bible that he had not a single note more in his pocket.  Upon which the Alderman insisted on searching him if he would not freely give up the notes. Thus menaced, Smith reluctantly searched again, and another parcel of notes, crushed and rolled up like the others, was found in his pocket.

Upon this last discovery, the prisoner felt what his situation really was, he apologised for his unhappy infirmity, and the derangement of his mind in consequence, and the majority of the gentlemen present almost pitied him and suffered him to go quietly away.  Circumstances occurred after a short lapse to alter their opinion in this particular, and this alteration arose out of his own conduct, but it was full five days before he was apprehended and brought to answer to it before a magistrate.

Richard Empston, Apothecary, North King Street, attended Mr Smith for a determination of the blood in his head, which caused a flush and trembling, this was after the Charity Sermon, saw him playing at cards on Sunday night after the morning of the affair in the Vestry Room.

Justice Johnson observed that it was a crime against heaven ‘for he who giveth to the poor lendeth to the Lord.’

The jury retired for seven or  eight minutes and then returned with a verdict of guilty. Sentence of transportation for seven years was passed on the prisoner who in mitigation of punishment had pleaded his age (nearly 70) and his former good character.

These circumstances, in the opinion of Judge Johnson, rather aggravated his criminality.”

Mr Smith was disenfranchised as a Freeman of the City of Dublin the following month by the Lord Mayor and Board of Aldermen. In April 1820 he was removed, with 85 other male convicts, from Newgate to the Pigeon House Dock to be brought to New South Wales via Cork.  He was described as having a very sore leg.

We hear no more of Mr Smith, who, from reading between the lines of the above report, may have had a gambling habit.

Was the report of his card- playing mere hours after being caught stealing the final straw which led the Parish of St Michan’s to proceed with the prosecution against him?

Image Credit: Wikipedia

Author: Ruth Cannon BL

Irish barrister sharing the history of the Four Courts, Dublin, Ireland, and other Irish courts.

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