On 10 November 1852 Thomas White was asked by another local man called Henry Wade to help his wife Ellen, move some articles of clothing into their new house. White agreed, however he was such an inveterate criminal that instead of helping the woman to move, he quickly decamped with many of Mrs Wades belongings. Still carrying the stolen clothing and wondering what he was going to do with them, he was walking down the High Street when he met Thomas Simmonite. White could not resist showed his companion some of the articles of clothing he had stolen. Among them was a very pretty women’s shawl.
Simmonite suggested that they go into two local pubs and try to sell them. They went first to the Cross Daggers on the High Street and then to the Boot and Shoe in Bridgegate where they thankfully found both public houses crowded. It did not take long for the two men to exhibit and sell the articles of stolen apparel at knock down prices. Whilst showing off the beautiful woman’s shawl, Simmonite told the buyer that it had belonged to an aunt of his who had recently died. Needless to say the woman bought this beautiful article for sixpence. However, by this time the theft of women’s clothing had been noticed by Ellen Wade.
It was not long before the Rotherham Police were called in and their enquiries soon established the impromptu ‘sale’ of the stolen items of clothing. Thomas White was quickly identified and arrested before being brought before the Rotherham Magistrates on Saturday 13 November 1852. There he was sentenced to twelve months imprisonment for the theft. Simmonite meanwhile had disappeared from Rotherham and it was supposed that he had last been seen catching a train at Doncaster railway station. For almost three weeks nothing more was heard of Simmonite, until Saturday 4 December when he returned to Rotherham and was seen and arrested for his part in the nefarious sale.
Consequently, he was brought before the magistrates where he pleaded not guilty. Nevertheless the prisoner was sent to take his trial at the next Sheffield Sessions. However Simmonite was not a man who would be dismissed quite as quickly as White had been. Consequently he was brought before Mr Wilson Overend and the Grand Jury at the Town Hall on Monday 6 December 1852, where he was undefended. Nevertheless it was reported that the prisoner made:
‘a very clever and ingenious defence, proving that he was, evidently no novice to criminal jurisprudence.’
Simmonite began by readily admitting to being in company with Thomas White on the night in question and helping him to sell the clothing. However he hotly denied knowing that the articles had been stolen.
In order to do this, Simmonite went very minutely into the details of all the transactions with White and in particular where the evidence was conflicting. The prisoner admitted that there were some discrepancies in the two men’s accounts. However he boldly claimed to be ‘applying the Torch of Truth’ onto some of these differences. Needless to say, the jury were not convinced by his rhetoric and they soon found him guilty. At that point the Chair to the magistrates, Wilson Overend told the court that he also intended to ‘apply the Torch of Truth’ on Thomas Simmonite’s former criminal career.’
He told the court that since 1840 and despite the prisoner plea of ‘not guilty’ to this crime, he had been convicted eight times for various different other offences. Overend said that Simmonite had also served a prison sentence of three years in prison. He listed other offences as being in 1840 three months imprisonment for neglect of family, and in 1843 three months for felony. In 1844 he was sentenced to another nine months for felony and in 1846 he was again incarcerated for twelve months for various offences. In 1847 the prisoner was committed for trial, but was acquitted of that particular crime, however in 1849, 1851 and 1852 he was imprisoned each time for the persistent neglect of his family.
After hearing this list of offences, the Grand Jury retired for two hours before returning back into the courtroom with a verdict. Mr Wilson Overend immediately asked the foreman of the jury if they had come to a decision about the theft of the women’s clothing. Mr George Wolstenholme answered that they had found Thomas Simmonite guilty of the offence. Then it was time for Mr Overend to address the prisoner. He told him that:
‘To use your own terminology, the Torch of Truth has indeed been shone on your career, including the crime for which you have been brought before the court today.’
The Chair to the magistrates then sentenced Thomas Simmonite to transportation for the term of seven years.