The Thief

John Lee’s First Crime – The 1883 Torquay Plate Robbery

John Lee’s criminal career began in April 1883, when he was employed as a footman in the household of the Hon. Colonel Edward Brownlow at Ridgehill, Torquay. Lee, then just 18 years old, had been entrusted with domestic duties in a respectable home. He would have observed the daily routines of the household staff, particularly Colonel Brownlow’s French butler, Michel Kisler, who frequently cleaned and managed the family’s valuable silver plate.

While the Colonel was away on holiday, temptation overcame trust. Lee stole several items of silver — including a pair of candlesticks, snuffers, and a silver tray — and travelled to Devonport in Plymouth in an attempt to sell them. He visited a local pawnbroker and jeweller, Mr Mark Emdon, falsely claiming that the silver belonged to a “Mr Kisler of Union Street, Torquay” — a fabrication designed to mask the theft. In truth, Kisler was his superior at Ridgehill and not connected to Union Street at all.

Lee’s story quickly unravelled. The engraved family crest on the silver aroused suspicion, and the pawnbroker contacted the authorities. Further investigation led police to Lee’s locked bedroom, where more stolen items were found. When confronted by officers, Lee confessed to the crime, stating:
“It is no good to deny it. I took the candlesticks and snuffers on Saturday morning and the tray on Monday morning. I don’t know what could have made me do it.”

He had also lied to Kisler, claiming he was leaving to visit a sick relative — when in fact, he was making his way to Plymouth to offload the stolen goods.

In Victorian Britain, the betrayal of trust by a domestic servant was treated with severity. This was not seen as a petty or youthful indiscretion. The value of the silver exceeded £20 — a considerable amount in 1883 — and for a working-class servant to steal from his master was regarded as a deeply dishonourable breach. Lee was tried and sentenced to six months’ hard labour at Exeter Prison.

It was a dark prelude to an even more sensational chapter in his life, one that would make his name known across the country: the Babbacombe murder case.

Here is a transcript from the paperwork and statements relating to this case.  Sadly, the condition of the copies are not good, so the transcription has been extremely difficult in parts, which is reflected in the final product here for which I apologise.

The examination of Michel Kisler of Ridge Hill in the parish of Tormoham, Butler.  Mark Emdon of 48 Fore Street, Devonport, Pawnbroker and Jeweller and John Slee of Tormoham aforesaid police constable in the said County of Devon — here unto annexed taken on oath this 10th day of may in the year of our Lord 1883 at Torquay in the County of Devon aforesaid, before the undersigned, here of her Majesty’s justices of the peace for Merced County, in the presence and hearing of John Lee who is charged to this day before me for that he said John Lee on about the 28th day of April 1883 and the parish of Tormoham in the said County of Devon. then being a servant to the Hon Colonel Edward Brownlow of Ridge Hill in Tormoham aforesaid feloniously did steal take and carry away property (?) A pair of silver candlesticks, too large silver plated candlesticks, silver snuffers and tray and other articles of the value of £20 Police belonging to the said Hon Colonel Edward Brownlow.

His deponent Michel Kisler on his oath saith as follows:

Courtroom Torquay

Wednesday 9th May 1883

John Lee – In custody

Larceny as a servant

Michel Kisler

I am Butler to the Hon Col Brownlow at Ridge Hill, Torquay.  Defendant was foot man there.  On the 25th of April last my clean the plate which is kept in a little room by the pantry. there are two boxes of plate and these bosses that he blocked and also the door of the room.  Among the articles I cleaned the pair of small silver candlesticks and the two large candlesticks produced which I poured in the larger of the two boxes, the snuffer and trade produced by also cleaned and poured in the small box.  Was cleaning the plate I had reason to go to the front door.  Defendants assisted me and cleaning and when I went to the door I left him in the room with the plate that cannot say whether he was there when I returned in about four of five minutes.  After locking up the plate boxes had put the Keyse on the shelf wear glasses kept and the key of this place I found in my pocket after locking the door.  On Tuesday the first of may PC Slee came to me and from what transpired I examined the plate boxes and found missing a pair of small silver candlesticks, too large silver plate candlesticks, smugglers and tray already produced.  On Saturday 28 of April defence and went away returning sometime in the evening perhaps nine o’clock.  He said he had been away as his father was not well.  Defendant remained at home on Sunday but on Monday the 30th of April about 9.00am I found him absent from the house have not seen him since till noon.  On Wednesday 2nd May in company with PC Slee, I went to defendant’s bedroom finding the door locked I am locked it with a key which I obtained (?).  PC Slee searched this room and found to Keyse, nutcrackers, paper knife, small drinking cup and plaster case has now produced with a (?) To the paper knife and nutcrackers I know that these belong to my master, one of the Keyse produced by PC Slee will unlock the door to the room where the plate is kept.

Examined by Mr Creed

This key does not belong to the house.  There was only the key to the plate room door, not two. Defendant had been in my masters service about six months and master has been from home about three months.  All the plate was kept under lock.

Michel Kisler

Court Room Torquay, Sworn Before Me

10th May 1883

9th May 1883

Mark Emdon

I am a Pawnbroker and Jewller and 48 fore street Devonport.  On Saturday 28 April about how passed to the afternoon there was arranged at my side door.  I answered and saw the defendant inquired he is (?).  He said he was (?) Did to me to see a pair of silver candlesticks.  Being surprised I asked him inside.  He then produced the small pair of candlesticks in this court.  Upon my asking him if there was anything else he took the snuffers produced from his pocket.  I then asked if he had betrayed belonging to the snuffers and he replied “no I have forgotten that I will bring it when I come down next time”.  Defendant had a paper parcel in his hand and I asked him what it contained.  He said to candlesticks.  He opened the parcel and upon showing them to me I remarked that they will old ones and said where are the others.  He answered “though I will bring them down on Monday with a tray”.  I told him I was away the silver and I went inside and looked out for a constable.  Not seen one I returned to the defendant and weighed the silver.  They told him I would give him three pounds for the silver which he agreed to accept.  I also told him I had no money but that I would give him a cheque.  I should say that defendant had told me he had come from Mr Kisler of union Street Torquay who was the owner of the property.  I gave defendant a post date cheque for three pounds payable to “Mr Lee” for “Mr Kisler” of order which cheque I crossed.  I agreed to give him thirty shillings for the candlesticks (as large ones) is when he brought the fellow ones to match.  Defendants then left immediately followed into the corner and saw him standing outside an outfitting establishment.  I looked about for a police constable do not seeing one I went to the police station.  On my returning home I learned the defendant had been at my house again.  On the following Monday and about 11 AM defendant came again to me and in my shop talk out of the trade produced from inside his coat.  I asked him for the other candlesticks and he said he couldn’t bring them.  He also said that I had improperly dated the cheque.  I asked him if he had the cheque, he said yes, I said give it to me and I will make that all right directly.  I took the cheque and went inside with the intention of getting a policeman.  And neighbour however fetched 1 and then told defendant that he must give a better account of the articles as I had communicated with Torquay and there was no such person has Mr Kisler there.  I also taught in you would have to account to the officer.  The constable being an hand defendant was taken away by him to the police station.  The property produced would cost at least £20.

Mark Emdon

Court Room Torquay, Sworn Before Me 10th May 1883

9th May 1883

John Slee

John Slee

10th May 1883

Both plate boxes were locked when Kisler went to them to examine the contents, in fact I saw him, Kisler unlocked them. John Slee

Court Room Torquay, Sworn Before Me

10th May 1883

Michel Kisler,

If anyone took anything from the two boxes the person must have 1st and locked and then locked in a game as when I examined these they were both locked on both occasions when prison are went away he did not ask my permission.

Examined.: I don’t recollect defendant was before absenting himself from the house without leave.

Recalled.: My key other plate room door will not unlock any other room in the house.  When cleaning the plate it was my practice to leave the key in the door until I finished with this exception the key would always be in my possession.

Michel Kisler

Court Room Torquay, Sworn Before Me

10th May 1883

In the County of Devon.

John Lee stands before the undersigned, one of her Majesty’s Justices of the peace for the county of Devon, this 10th day of may in the year of our Lord 1883 for that he said John Lee on about the 28th day of April 1883 at the parish of Tormoham in the said county, there being a servant to the Hon Colonel Edward Brownlow of Ridge Hill in Tormoham did felonously did steal take and carry away surgeon property (?) A pair of silver candlesticks, too large silver plated candlesticks, silver snuffers and fray and other articles of the value of £20 at the least belonging to the Hon Colonel Edward Brownlow his master (??) Of the value of such case indeed provided (?).  And has said charge having been read to the said John E. and the witnesses for the prosecution, Michel Kisler, Mark Emdon and John Slee– being severely examined in his presence, the said John Lee is now addressed by me as follows: “having heard the evidence the wish to say anything in answer to the charge?  You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given evidence against you upon your trial.  And you are clearly to understand that you have nothing to hope from any promise of favour, nothing to fear from any threat, which may be holding out to you to induce you to make any admission or confession of your guilt, but whatever you shall now say begin in evidence against you upon your trial, notwithstanding such promise or threat:”

whereupon the said John Lee saith as follows

– no Sir –

Taken before me at Torquay the day and year first mentioned.

Jurors result 1883;

The jurors for our Lady Queen upon their posts present that John Lee on May 28th day of April in the year of our Lord 1883 was sentenced to 1 Edward Brownlow and that whilst he was such servant as aforesaid one pair of silver candlesticks, to silver plate candlesticks, one pair of silver snuffers, one silver snuffers tray, one paper life and one pair of nutcrackers of the goods and chattels of the said Edward Brownlow is said Master feloniously its steel and carry away against the (?) Of the (?) In such cases made and provided hand against the peace of our Lady Queen her crowd and dignity

Second count and the juror’s aforesaid upon their post aforesaid do for the present that the said John Lee on the day and in the year aforesaid the said goods and chattels before then feloniously did receive and have the first said John Lee the same goods and chattels as aforesaid then the well knowing the same to have been feloniously stolen taken and carried away against the form of the statute in such cases may then provided and against the peace of our Lady the Queen Her Crown and dignity.

Pleads guilty, six calendar months hard labour.

THE PLATE ROBBERY AT TORQUAY.

At the Torquay Police-court yesterday, before W. B. Fortescue, Esq. (Chairman), and W. H. Kitson, W. Bridges, and L. B. Bowring, Esqs., John Lee, footman, aged 19, was charged on remand with stealing several articles of plate, valued £20, the property of his late master, the Hon. Colonel Brownlow, of Ridgehill, Middle Warberry-road, on Saturday, April 28th.—Mr. Creed, of Newton Abbot, again appeared for the prisoner.—After the reading over of the evidence taken on the previous day, Michael Kileen, Colonel Brownlow’s butler, denied that it was at the instigation of the prisoner that the key which was found in his bedroom, and which fitted the lock of the plate-pantry, belonged to a storehouse on the premises.

He also said that, passing the Beacon the other day, he saw the prisoner in company.—The Bench to the prisoner, remarked that he need say nothing in answer to the charge, but that he could be apprehensive that the case should be dealt with summarily. The prisoner stated that he was guiltless and lived once in Abbotskerswell for many years, and was liked by the people there.

He had attended Sunday school at the Rev. Mr. Hingst’s place, and Mr. Hingst had recommended the prisoner for a situation, and would have done so again.—Prisoner was formerly in the service of Miss Keyser, of Babbacombe, and she too gave him an excellent character. After that he was for a time in the Royal Navy, from which he was discharged invalided, but with a good character.

It was difficult to understand what prompted the prisoner to commit the act, or how he could have hoped, under the circumstances, to have escaped detection, inasmuch as the Hon. Colonel Brownlow’s crest was on the stolen articles, while the cheques he received from the pawnbroker was worthless, as it could not be cashed.—Repeating his request for summary punishment, Mr. Creed said to the Bench that, should they accede to it, he would regard it as a great favour.—The Chairman said it was to the prisoner’s advantage that he had stated that the Bench had taken into consideration all that had been said as regards the prisoner’s previous good character, and this had only made them feel the more sorry that a young man bearing such character should have committed an offence of so very disgraceful a description.

His having, too, taken a return ticket from Paignton to Devonport on the Saturday, and another ticket on the Monday, made it look as though his whole course was determined in the direction of a theft.—The Chairman said the responsibility of acting in the matter rested with the Bench; and the prisoner would be committed to the Sessions at Exeter in July.—The Chairman added that the Bench would desire that the case be heard in the ordinary manner with evidence as to character, with the view that it might be dealt with in a manner suited to the case, and that it would be unjust to confine cases of this description.