Ann Foss, Convict "William Pitt" 1806

Ann was tried and convicted under her alias name of Haynes at the Old Bailey on on 11th April 1804 for forging a Bank note, she sentenced to death, but this was later commuted to transportation for life, Ann’s husband Henry Foss had been sentenced on the same day to transportation for 14 years for the posession of forged bank notes, he arrived on the ‘Fortune’ on 12th July 1806. Left in August 1805. Ship:- the ‘William Pitt’ sailed with 1 male and 120 female convicts on board of which 4 femalews died during the voyage. Arrived on 11th April 1806.

Ann and Henry were married on 25th December 1798 at Bloomsbury, London, England

Henry and Ann had 1 child, Elizabeth Catherine b1810.

Henry Foss was sent to Newcastle on 30th October 1816 on the ship ‘Lady Nelson’ with a sentence of 3 years. While Henry was in Newcastle Ann bigamistly married convict Benjamin Smith (‘Marquis of Wellington’ 1815) using her alias ‘Haynes’on 28th September 1818. Henry wrote in his Will that his wife was a bigamist and that she had married and was living with Benjamin Smith.

Henry Foss died on 19th April 1819 in Sydney aged 59. Sarah appears to have remained with Benjamin Smith as they were together on the 1828 census at Castlereagh Street, Sydney.

Phil Hands on 25th February, 2018 wrote:

Old Bailey Trial Transcript. Reference Number: t18040411-50

273. SARAH WHILEY and ANN HAYNES, otherwise FOSS , were indicted for feloniously forging and counterfeiting, on the 12th of March , a certain Bank note for the payment of 1 l. with intention to defraud the Governor and Company of the Bank of England . Second Count. For feloniously disposing of and putting away a like forged note, knowing it to be forged with the like intention. Third and fourth Counts. For forging and uttering and publishing the same as true, a promissory note for the payment of money, in the form of a Bank note, with the same intention. And four other Counts for like offences, charging them to be with intention to defraud John Hind . The indictment was opened by Mr. Bosanquet, and the case by Mr. Garrow.) HENRY HIND sworn. Examined by Mr. Fielding. Q. You are shopman to Mr. Hind, your brother? - A. Yes, he lives at No. 134, Whitechapel. Q. Look at the prisoners at the bar, did you see them there on the 12th of March? - A. At half after one they both came into the shop to buy a brass footman; it had iron legs. Q. Was that what they asked for at first? - A. Yes. Q. Did you shew them the articles? - A. I did, the price was four shillings. Q. Which of the women was it that particularly spoke for the article? - A. The person that called herself Evans; the one that goes by the name of Whiley. Q. That is the woman that has the child in her arms? - A. Yes, they bought the footman, and offered a one-pound note; I had not sufficient change for it; I went to get change, when I returned I suspected the note; I sent for Mr. Tare. Q. Did he come into the shop? - A. Yes. Q. Did you communicate any thing to him? - A. Yes. Q. What happened after that when Tare was with you? - A. He thought it was a bad one; they said they did not know it, and offered another, a good one, I believe. Q. What became of the first note? - A. Mr. Tare had it his possession. Court. Q. Did both of them say they did not know it was a bad note, or only one of them? - A. I believe both of them expressed their surprise; but one of them I know said they did not know it. Q. Did you look at the other note? - A. Yes, that was a good one; Mr. Tare had the possession of the other; I delivered the bad note to him. Q. You received the other note; did you give change for that? - A. I did. Q. What did Mr. Tare do with the women. - A. He told them they must go with him to the Bank; I asked Evans for her address; she at first refused to give her address; she said she would call the next day. Q. Did she afterwards give you any address? - A. Yes, Mrs. Evans, No. 7, Essex-street. Q. Then Tare had possession of the note, and went to the Bank? - A. Yes. Cross-examined by Mr. Knapp. Q. These two women came together? - A. Yes. Q. They asked for a brass footman? - A. Yes. Q. And Mrs. Whiley is the person who gave the note? - A. Yes. Q. At this moment you are quite sure she is the person that gave you the note? - A. Yes. Q. You are not quite sure of the person that said they did not know it was a bad one? - A. No, I am not, but both expressed their surprise. Q. You said it was a bad one? - A. I did. Q. Before you asked them any thing about their address? - A. Yes. Q. Then intimating it was a bad one, she gave her name, her description that you have stated? - A. Yes. Q. But at first both expressed their surprise of its being a bad one? - A. Yes. Mr. Alley. Q. I understood you to have said that Evans, who is proved to be the name of Whiley, expressed her surprise? - A. They both expressed their surprise. Q. Was this footman at the door or in the shop, so as passengers could see it? - A. I do not know. Q. Therefore it was a thing that a stranger might observe passing? - A. I believe it was behind a stove; they asked at first whether we sold footmen. Mr. Fielding. Q. Was it or was it not exposed out of the shop? - A. It was not. ROBERT TARE sworn. Examined by Mr. Fielding. Q. I believe you are foreman to Mr. Hind? - A. I am. Q. On the 12th of March did you go into the shop and see the two prisoners at the bar? - A. Yes. Q. Tell me what passed within their hearing when you came into the shop? - A. I was sent for by Mr. Hind; I went to the prisoners and told them it was a bad note; I told them they must positively go with me to the Bank; they told me they would rather not go that day but they would call and go with me the next day. Q. Were you present when they tendered the other note, which was a good one? - A. I was not. Q. What did you do with it? - A. I took it to the Bank, and shewed it Mr. Needham. THOMAS NEEDHAM sworn. Examined by Mr. Garrow. Q. You are inspector of Bank notes? - A. I am. Q. Look at that (The note handed to him), had you that note from the last witness? - A. I had, accompanied with the women; it is all forged, the signature, paper, ink, and every thing. Cross-examined by Mr. Knapp. Q. I am afraid there are a great many forged two-pound and one-pound notes in circulation? - A. There are. Q. There are many of us may have two-pound and one-pound notes in our possession? - A. There may. Mr. Alley. Q. You are not a signer of notes yourself? - A. No. Q. Are there persons of this name in the Bank? - A. There are persons of that name in the Bank. Q. Do you know the hand-writing? - A. I am very certain that is not the hand-writing of Mr. Collier. Mr. Garrow. Q. What passed between the two women and you? - A. I enquired where she took it; she said that she took it of a man that sold pork in Swallow-street. Q. Who was that? - A. Whiley; I asked her if he was a shopkeeper; she said no, he sold it about the street. Court. Q. Did she say what his name was? - A. No; I asked her if she could find that person; she said very probably she might, she took it in exchange of a two-pound note; I asked her her name, she said her name was Evans. Q. Did she tell her place of abode? - A. Yes; I think it was in Change-court, Exeter-street. Q. Did you ask the other woman? - A. Yes; she said she was only an acquaintance of the other’s. Court. Q. Did Haynes call her by the name of Whiley? - A. I did not hear her call her any name. (The note read in Court.) (Mr. Garrow handed a paper to Mr. Needham.) Q. Look at that; do not answer in a hurry, and tell us where she described she lived? - A. In Change court. - COLLINGS sworn. - Examined by Mr. Fielding. Q. Where do you live? - A. No. 7, Essex-street, Whitechapel; there is no regular numbers all down the street. Q. Do you know either of the prisoners at the bar? - A. No. Q. Did either of the prisoners at the bar live with you? - A. No. Q. (To Hind.) Is Essex-street, Whitechapel, the nearest Essex-street to you? - A. Yes, it is not above twenty or thirty doors from our house. Mr. Knapp. Q. There is another Essex-street, Temple-bar? - A. Yes. Mr. Garrow. Q. How far is that Essex-street? - A. Some distance; about a mile and a half. THOMAS BAXTER sworn. - Examined by Mr. Fielding. I am one of the inspectors of Bank notes. Q. Were you present at any time when the woman with the child gave you her name? - A. Yes. Q. What name did she give you? - A. The name of Welch. Q. That was when you asked her her name? - A. Yes; she gave me the name of Welch. Q. What name did the other woman give? - A. I do not know that I asked that woman her name. Q. Did Mrs. Whiley give her name Welch in the presence of the other? - A. She did. Q. Did the other give her name? - A. No, not at that time; at one time she did give her name; I have forgot it upon my word, not being so particularly engaged in this case; but I made an enquiry, I went into Archer-street; whatever her name was, I enquired after her name. Q. Where did she say she lived? - A. No. 7, Archer-street, west end of the town. Q. Did you make an enquiry? - A. I did. Court. Q. You should make memorandums? - A. I did not expect to be called upon. - BLISS sworn. - Examined by Mr. Garrow. Q. In consequence of this forged note did you see the prisoner at the bar? - A. The moment I heard they were in the Poultry-compter I went to them immediately; they were both in one room of the prison; I desired they might be kept separate, I asked them both their names; Mrs. Whiley then said her name was Whiley, and the other woman said her name was Ann Haynes ; Haynes first said, that she had given her account to the solicitor where she lived, at No. 7, Archer-street, Windmill-street, by Brewer-street; I then asked her how long she had lived there; she told me two years she believed; I then asked her what employment she had; she said that she went out to needlework for a woman in the name of Williams; I asked her if she was a married woman; she said she was not; I told her I thought she was, and she might as well tell me where she lived, and her real name, for I thought her name was Ann Foss ; I went to Archer-street with Baxter, and found it a respectable lodging-house; the woman told me her name was Mary Bennett . Q. Could you find any account of Mrs. Foss? - A. No. Q. Did you there find any account of Mrs. Haynes? - A. No, positively none. Q. Did Whiley say any thing more in the course of her conversation? - A. Nothing more particular than she did not like to be searched. Q. Do you look at that paper (the note handed to the witness); is the paper any thing corresponding with the Bank paper? - A. It is not the Bank paper; nor is it in the hand-writing of any person there; it is all forged. Mr. Knapp. Q. Whiley gave an exact account? - A. Yes, she said she lived in Change-court. Mr. Alley. Q. You are an inspector of Banknotes? - A. Yes. Q. There had been an examination before? - A. Yes, about an hour or half an hour. Q. Did you go like the good Samaritan? - A. I went to be convinced as to their persons. Q. You had no occasion to go into conversation with them? - A. I thought I had, because they had given a false address before. Q. You went for a double purpose, for conversation as well as to their persons; did you say any thing that you would befriend them? - A. Nothing of the kind; I believed they had got some forged notes about them, and my object was to see them searched; they had been very loosely taken care of before. Q. How do you know that? - A. I understood they were to be kept separate. Q. When you were in company with them they were in prison? - A. Yes, they were both standing together. Q. Will you take upon you to swear they were kept loose? - A. They were standing together; I desired them to be kept separate. Q. Did you or did you not go and put these questions, in order that you might be enabled to give the result upon this prosecution? - A. If I was called upon I meant to state the facts no doubt, I went strictly to see the parties. Q. Did not you expect to be called upon? - A. I did. Mr. Garrow. Q. Did you not expect they were ordered to be kept separate? - A. I did, and when I came there they were both standing together. MARY BENNETT sworn. - I live at No. 7, Archer-street, Great Windmill-street. Q. Does any person of the name of Ann Haynes live at your house? - A. No, nor has since I lived there. Mr. Alley. Q. Do you know that some of the houses are misnumbered? - A. Not that I know of; it is a small street. Mrs. SIMPSON sworn. - Examined by Mr. Garrow. Q. Cast your eyes round, and see if you know either of the persons at the bar? - A. I know Mrs. Foss, I have known her some years. Q. Did you always know her by the name of Mrs. Foss? - A. Yes; when I first knew her it was the other side of the water; in the month of March last she lived in Whitehorse-court, Cow-cross; she only lived there about five weeks; she left her house on Thursday, and was apprehended on the Monday; before that she lived in a court on Ludgate-hill. Q. Had she, during the time you knew her, lived in Archer-street? - A. She never lived in Archer-street. JOHN FOWLER sworn. - Examined by Mr. Fielding. Q. You are shopman to Mr. Jones? - A. Yes, No. 7, Cow-lane. Q. Do you recollect seeing in your master’s shop the prisoners? - A. They were both together there about the middle of the day; on the thirteenth of February they both came into my master’s shop. Q. What did they ask for? - A. Two lumps of fresh butter. Q. Did you serve them with it? - A. No; I told them I had none. Q. What said they? - A. They asked me to let them taste the best Cambridge salt butter. Q. Did they offer to purchase any of that? - A. I let them taste that, and they asked for three pounds first, and then afterwards they asked for six pounds, at sixteen pence a pound. Q. How much did that amount to, at sixteen pence a pound? - A. The butter they had amounted to eight shillings. Q. Did they purchase any thing else then? - A. Yes, two shillings worth of eggs, they had ten shillings to pay me. Q. What did they do towards paying you? - A. They gave me a two-pound note. Q. Who gave you that two-pound note? - A. That lady with a child in her arms, Whiley. Q. Did you look at that note? - A. Yes, I told them it was a bad one. Q. What did they say? - A. They seemed rather alarmed. Q. They did not own to it? - A. I presented it back to them; they neither of them took it up; I took it up from the counter; I asked them where they lived; I agreed to take the note upon these terms, if they would tell me where they lived. Q Did they, either of them, tell you their names? - A. Yes, that lady with the child in her arms, Whiley. (The note handed to the witness.) Q. Now look at that note - what address did Whiley give you? - A. She gave me the name of Evans, and said she lived at No. 19, Charterhouse-street. Q. Is that street near you? - A. It is not far off. Q. At the time Whiley gave you her address, and the name of Evans, what did the other person say? - A. The other person said, what use is that direction to you; if she wished to give you a bad note, do you think she would give you a right direction? I said, suppose she does not, if I should meet you in the street, how foolish you would look in the street with a false direction; I took the note, and gave them their change, and they took the butter and eggs. Q. You are quite sure these are the women? - A. Yes, I am. Mr. Knapp. Q. This is a long while ago - when was it? - A. On the 13th of February. Mr. Alley. Q. How long was it before you found it was a bad note? - A. On the Friday following. Q. You put them altogether, did not you? - A. I had marked it on the back. Mr. Garrow. Q. Had you written Evans on all the other notes? - A. No. (The note handed to Mr. Bliss.) Mr. Garrow. (To Mr. Bliss.) Q. Is that a forged note? - A. It is a forged note, the whole of it is forged; the paper is not Bank paper, nor is the writing any person’s writing at the Bank; the engraving is not like the Bank engraving. JOHN PIERCE sworn. - I live at No. 19, Charterhouse-street. Q. Did either of the prisoners live at No. 19, Charterhouse-street? - A. No. GEORGE LOVE sworn. - Examined by Mr. Fielding. Q. I am shopman to Frederick Findle; he lives in Brewer-street, Golden-square; he is a cheesemonger. Q. Do you remember seeing the prisoner at your shop on Saturday, the 25th of February? - A. Yes; they were both together there between eleven and twelve o’clock, to the best of my recollection; they asked me to let them taste some butter, and I let them taste it. Q. Which of them? - A. The right-hand one, Whiley. Q. Did they buy any? - A. They bought twelve pounds, at fifteen pence a pound; it came to fifteen shillings; they gave me a note. Q. Who gave you the note? - A. I cannot say; they were both together. Q. Did you ask any questions respecting the note - did you believe it to be a good one? - A. I took it to my master. Q. Did you make any mark upon it? - A. My fellow servant, an apprentice, signed it; I asked them their names; they gave me the name of Evans, No. 15, Great Windmill-street. Court Q. Which of the two prisoners gave you the name? - A The right-hand one, Whiley, gave me the name of Evans. Q. Whereabouts is Great Windmill street? - A. It is near Golden-square, the street faces the shop. Q. Did you ask them any thing else? - A I offered to send the butter home; they said no, they would take it home themselves. Q. Was there any thing written on the note in your presence? - A. Yes; Thomas Doyle wrote Evans, 15, Great Windmill-street. Q. Which of the prisoners gave you the note? - A. I cannot say. Q. I take it for granted, the person that gave you the address gave you the note? - A. I believe so. THOMAS DOYLE sworn. - Q. Is there any hand-writing of your’s upon that note? - A. Yes, the name of Evans; I received it from the last witness, and wrote upon it according to the directions that the prisoner gave. See original

Court. Q. You did not take it of that woman? - A. No, I took it from the shopman. GILES MEMS sworn. - I live at No. 15, Great Windmill-street; neither of the prisoners lived at my house; I have lived there a year and a quarter. Q. Is there a person that lived there of the name of Evans? - A. I am perfectly clear that I saw neither of them before that I saw them at the bar. (The note banded to Mr. Bliss.) Mr. Bliss. It is forged in every particular, and it is printed from the same plate as the last two-pound note was; I am certain of it; I have made the same observations as with respect to Jones’s of Cow-lane. MARGARET CORDER sworn. - I am the wife of William Corder , by profession a Quaker, of Broad-street, Bloomsbury, a grocer. Q. Do you remember these two persons? - A. I remember on the 28th of February I was called by my husband to come and assist in the shop; he had a note in his hand. Q. Were these two persons in the shop at the same time? - A. They were; my husband said he was afraid it was a bad note, and he would step into Mr. Rider’s, his next door neighbour, and ask him. Q. Did he go into Mr. Rider’s? - A. He did. Q. How soon did he return? - A. Almost immediately. Q. What passed between your husband and the prisoners? - A. When he came in, he addressed himself to the prisoners, and said it was a bad one, and Mr. Rider came in with him, and he said he would swear it was a bad one; Mr. Corder said he could not think of giving up the note without they would bring any body to satisfy him how they came by it, and then they should have it. Q. Do you remember Mr. Rider making any observation about that? - A. Mr. Rider said, he ought to detain them also; my husband asked them where they got it; Mrs. Whiley, (I do not recollect the other said any thing,) said, she took it in exchange for a ten-pound note in Swallow-street; she said, of a man that sold pork in the street; I do not recollect any thing further; they gave a good two-pound note, and took the change; they took the articles they had purchased, and went away. Q. Did they mention where they lived? - A. Mr. Corder asked where they lived when they were going out; they said No. 3, Charlton-place, Charlton-street, Sommer’s Town, and that their names were Evans. Q. Was that answer given by Whiley? - A. I think it was; I do not recollect the other saying any thing. Q. Did they ever come again? - A. I never saw them any more till I saw them in the Poultry Compter. Q. When you saw them, then you knew them? - A. I knew them directly. Q. Do you remember what accident happened at your house that day? - A. I believe my husband cut his finger, I did not see it, but I observed it bleeding, and I observed some blood upon the note; I had it in my possession till the next day; (the note shewn the witness.) That is the same note that I had; I wrote my name upon the back, February 29, Margaret Corder , to know what time I had it in my own possession. Q. Was the other woman in hearing when it was proposed by Rider that they should both be taken into custody? - A. They were both in the shop at the time. (The note shewn to Mr. Bliss.) Q. (To Mr. Bliss.) Is that in all respects forged the same as the last? - A. It is from the same plate, I

Phil Hands on 25th February, 2018 wrote:

JOHN RIDER sworn. - Q. Do you remember your next door neighbour coming in, and asking your opinion of a note? - A. Yes. Q. Did you accompany him to the shop? - A. I did. Q. Did you find the two prisoners there? - A. I did. Q. Did he carry with him the note upon which he asked your opinion? - A. He did; he told them that he had every reason to believe it was a forged note, and he had that note in his hand; he told them that he could not give that note up, that his neighbour told him it was a bad one; he asked them if they had any money to pay for the goods. Q. Did you make any observation upon his saying he could not give the note up? - A. I told them I thought he ought to detain the persons; I have no doubt but they heard it; they gave him a good two-pound note, and he gave them the change. Q. Did Corder make any proposal about calling the next day to bring some reputable person to say where they had the note from, and then he would give it to them again? - A. He did. Q. I believe this is the good one that was given in the place of the other? (The note shewn the witness.) A. It is. Q. Did you see Corder make that memorandum? - A. Yes. Q. Did you see the address? - A. Yes, it was by my desire; Evans, No. 3, Charlton-place, Charlton-street, Sommer’s Town. Q. That was Mrs. Whiley? - A. Yes, he wrote it down on the counter upon a slip of paper; I took it, and have had in my possession ever since. Q. (To Mrs. Corder.) When your husband went to Mr. Rider’s, did he take any more notes than the bad one? - A. I do not recollect that he took any other. Q. When he came back, he had the same one? - A. He had. WILLIAM MITCHELL sworn. - Examined by Mr. Fielding. I live at No. 3, Charlton-place, it is sometimes called Charlton-garden, and sometimes Charlton-place, it is in Sommer’s Town; I have lived there from the 27th of last August, I and my family occupy the whole house, we have no lodgers at all, no person has slept in my residence since I have had the house. Q. Do you know either of the prisoners at the bar? - A. I never saw either of the prisoners before since I have kept the house, none have ever slept under my roof but my own family. DANIEL LEADBEATER sworn. - Examined by Mr. Garrow. Q. I believe you are one of the officers that took charge of the prisoners, did you search the prisoners when they were committed? - A. I did. Q. Upon the 12th of March, what did you find upon the person that nows calls herself Whiley? - A. I found in her pocket-book a five-pound Banknote and one shilling. Q. A good one? - A. I believe so; I found two seven-shilling pieces, two shillings, and a sixpence, in her pocket; from Ann Haynes I took two two-pound notes in paper, in her pocket were four seven-shilling pieces, one half-crown, fourteen shillings, and one sixpence; in her purse there were two two-pound notes and seven one-pound notes, one guinea, and twenty-seven shillings. Q. (To Mr. Bliss.) You saw these notes that were found upon the prisoners? - A. They were all good ones. Prisoner Whiley’s defence. I leave it to my Counsel, and the mercy of the Gentlemen; I had the notes from Haynes. The prisoner, Haynes, said nothing in her defence. Sarah Whiley , GUILTY , Death , aged 34. Ann Haynes , GUILTY , Death , aged 28, this was commuted to transportation for life. .