<div1 type="trialAccount" id="t17840225-97"> <interp inst="t17840225-97" type="collection" value="BAILEY"></interp>
<interp inst="t17840225-97" type="uri" value="sessionsPapers/17840225"></interp>
<interp inst="t17840225-97" type="after" value="17840225"></interp>
<interp inst="t17840225-97" type="before" value="17840225"></interp>
<join result="criminalCharge" id="t17840225-97-off495-c794" targOrder="Y" targets="t17840225-97-defend1002 t17840225-97-off495 t17840225-97-verdict500"></join>
<p>359. <rs type="persName" id="t17840225-97-defend1002"> <interp inst="t17840225-97-defend1002" type="role" value="proceedingsdefend"></interp>
THOMAS TURNER <interp inst="t17840225-97-defend1002" type="surname" value="TURNER"></interp>
<interp inst="t17840225-97-defend1002" type="given" value="THOMAS"></interp>
<interp inst="t17840225-97-defend1002" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17840225-97-off495" type="offenceDescription"> <interp inst="t17840225-97-off495" type="offenceCategory" value="theft"></interp>
<interp inst="t17840225-97-off495" type="offenceSubcategory" value="theftFromPlace"></interp>
feloniously stealing, on the <rs id="t17840225-97-cd496" type="crimeDate">13th day of February</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17840225-97-off495 t17840225-97-cd496"></join>
, one wooden box, value 10 s. one cloth coat with sixteen silver buttons, value 50 s. a cloth waistcoat with silver buttons, value 20 s. a pair of worsted stockings, value 2 s. one pound and a half of worsted, value 5 s. one printed book, value 5 s. six linen shirts, value 30 s. three muslin neckcloths, value 7 s. four guineas, value 4 l. 4 s. and 1 l. 10 s. 3 d. in monies numbered, the property of <rs type="persName" id="t17840225-97-victim1004"> <interp inst="t17840225-97-victim1004" type="role" value="proceedingsvictim"></interp>
Thomas Newcomb <interp inst="t17840225-97-victim1004" type="surname" value="Newcomb"></interp>
<interp inst="t17840225-97-victim1004" type="given" value="Thomas"></interp>
<interp inst="t17840225-97-victim1004" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17840225-97-off495 t17840225-97-victim1004"></join>
</rs>
, in the dwelling house of <rs type="persName" id="t17840225-97-person1005"> <interp inst="t17840225-97-person1005" type="role" value=""></interp>
Thomas Babbington <interp inst="t17840225-97-person1005" type="surname" value="Babbington"></interp>
<interp inst="t17840225-97-person1005" type="given" value="Thomas"></interp>
<interp inst="t17840225-97-person1005" type="gender" value="male"></interp>
</rs>
</rs>
.</p>
<p> <rs type="persName" id="t17840225-97-person1006"> <interp inst="t17840225-97-person1006" type="role" value=""></interp>
THOMAS NEWCOMB <interp inst="t17840225-97-person1006" type="surname" value="NEWCOMB"></interp>
<interp inst="t17840225-97-person1006" type="given" value="THOMAS"></interp>
<interp inst="t17840225-97-person1006" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a <rs id="t17840225-97-viclabel497" type="occupation">grazier</rs>
<interp inst="t17840225-97-viclabel497" type="occupation" value="grazier"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17840225-97-victim1004 t17840225-97-viclabel497"></join>
; I lodged all the winter at the dwelling house of <rs type="persName" id="t17840225-97-person1007"> <interp inst="t17840225-97-person1007" type="role" value=""></interp>
Thomas Babbington <interp inst="t17840225-97-person1007" type="surname" value="Babbington"></interp>
<interp inst="t17840225-97-person1007" type="given" value="Thomas"></interp>
<interp inst="t17840225-97-person1007" type="gender" value="male"></interp>
</rs>
; I lost a wooden box, value 10 s. I saw it at seven o'clock on February the 13th, and before eight my room door was broke open, and my box and a bundle of linen was taken away, with the things mentioned in the indictment; a great part of the things have been found, and are in the possession of Mr. Jealous.</p>
<p> <rs type="persName" id="t17840225-97-person1008"> <interp inst="t17840225-97-person1008" type="role" value=""></interp>
CHARLES JEALOUS <interp inst="t17840225-97-person1008" type="surname" value="JEALOUS"></interp>
<interp inst="t17840225-97-person1008" type="given" value="CHARLES"></interp>
<interp inst="t17840225-97-person1008" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>Produces a coat, some shirts and neckcloths, a new book, and a pair of stockings.</p>
<p>(Deposed to.)</p>
<p> <rs type="persName" id="t17840225-97-person1009"> <interp inst="t17840225-97-person1009" type="role" value=""></interp>
DOROTHY BABBINGTON <interp inst="t17840225-97-person1009" type="surname" value="BABBINGTON"></interp>
<interp inst="t17840225-97-person1009" type="given" value="DOROTHY"></interp>
<interp inst="t17840225-97-person1009" type="gender" value="female"></interp>
</rs>
sworn.</p>
<p>Mr. Newcomb lodged at my house in February last; I went up a little before eight on the 13th, and I found the prosecutor's door wide open, and his box gone; I have repeatedly seen him wear that coat and waistcoat, they had silver buttons.</p>
<p>Mr. Garrow, Prisoner's Council. Who else lodges at your house? - A working man.</p>
<p> <xptr type="pageFacsimile" doc="178402250186"></xptr>
Any body else? - Another working man, a watchmaker, very honest people.</p>
<p>Do you keep a servant? - No, not these two months.</p>
<p> <rs type="persName" id="t17840225-97-person1010"> <interp inst="t17840225-97-person1010" type="role" value=""></interp>
MARY MAVIN <interp inst="t17840225-97-person1010" type="surname" value="MAVIN"></interp>
<interp inst="t17840225-97-person1010" type="given" value="MARY"></interp>
<interp inst="t17840225-97-person1010" type="gender" value="female"></interp>
</rs>
sworn.</p>
<p>The prisoner lodged with me, I know nothing further of him; it is three weeks last Saturday since first his wife took these lodgings; I know nothing concerning these things, he always behaved to me in the character that he took it in, as a <rs id="t17840225-97-deflabel498" type="occupation">shoemaker</rs>
<interp inst="t17840225-97-deflabel498" type="occupation" value="shoemaker"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17840225-97-defend1002 t17840225-97-deflabel498"></join>
; I know nothing of the things, till Mr. Jealous came into the room and took them; I never was in the room the whole time they were in the house; I live at No. 14, New-street-hill.</p>
<p>Are you a married woman, or a single woman? - A married woman, my husband keeps the house; I have other lodgers; my husband is a taylor.</p>
<p>This room was not taken of you by the prisoner? - No, his wife took it.</p>
<p>Or, to speak more regularly, a woman took it, whom you thought to be his wife; you never heard him call that woman his wife? - No, I never saw him till they brought their goods.</p>
<p> <rs type="persName" id="t17840225-97-person1011"> <interp inst="t17840225-97-person1011" type="role" value=""></interp>
CHARLES JEALOUS <interp inst="t17840225-97-person1011" type="surname" value="JEALOUS"></interp>
<interp inst="t17840225-97-person1011" type="given" value="CHARLES"></interp>
<interp inst="t17840225-97-person1011" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>On the 18th of February the prisoner was brought to Sir Sampson's, and he asked him where he lived, and he said he did not chuse to tell him; I was then told immediately of a woman at a certain place, who was called his wife; curiosity led me to watch her home, and I watched her to No. 14, <rs type="placeName" id="t17840225-97-crimeloc499">New-street-hill</rs>
<interp inst="t17840225-97-crimeloc499" type="placeName" value="New-street-hill"></interp>
<join result="offencePlace" targOrder="Y" targets="t17840225-97-off495 t17840225-97-crimeloc499"></join>
, I found there this quantity of picklock keys, six shirts, this coat and waistcoat, three neckcloths, and a book; they have been in my custody ever since.</p>
<p>Court. Do you know who lodged there? - Only as I was told.</p>
<p>But you must not tell us that; did you ever see the prisoner there? - No, when the prisoner was brought to the Office, before Sir Sampson, and when I produced the property in that box, Sir Sampson asked him how he came by it; he said, he had bought them, and would tell who he bought them from, if Sir Sampson would admit him an evidence.</p>
<p>Mr. Garrow. Do you happen to know how long it was after the things were lost before you found them in this box? - Several days.</p>
<p>From the 14th to the 18th? - Yes.</p>
<p>Now, as to the conversation that passed at the office, are you quite sure at this distance of time; you hear many conversations? - If it was for seven years, and I saw your face, or any man's face, I could remember him.</p>
<p>I have seen so many instances of your recollecting faces, that I can believe that; but I say as to the conversation? - Yes, I can.</p>
<p>Mr. Sheriff Skinner. Was there any money found on this man? - Yes, Sir, Atkins found it.</p>
<p>Court to <rs type="persName" id="t17840225-97-person1012"> <interp inst="t17840225-97-person1012" type="role" value=""></interp>
Mary Mavin <interp inst="t17840225-97-person1012" type="surname" value="Mavin"></interp>
<interp inst="t17840225-97-person1012" type="given" value="Mary"></interp>
<interp inst="t17840225-97-person1012" type="gender" value="female"></interp>
</rs>
. Was you before the magistrate? - Yes.</p>
<p>Did you hear the prisoner say any thing? - My memory is but bad, I cannot remember.</p>
<p>Mr. Garrow. Her memory is not so good as Jealous's.</p>
<p> <rs type="persName" id="t17840225-97-person1013"> <interp inst="t17840225-97-person1013" type="role" value=""></interp>
JOHN ATKINS <interp inst="t17840225-97-person1013" type="surname" value="ATKINS"></interp>
<interp inst="t17840225-97-person1013" type="given" value="JOHN"></interp>
<interp inst="t17840225-97-person1013" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am servant to Mr. Newport, at New Prison, and I attend at the Office in Bow-street, to bring prisoners backwards and forwards; the prisoner was brought by a constable, and some other people, to the watch-house, on the 18th of February.</p>
<p>Do you know any thing that the prisoner said before the magistrate? - Yes, when Jealous came back, he said he bought those things, and if Sir Sampson would admit him an evidence, he would tell who he bought them off; I took him into another room, and I searched him, and in his pocket I found a watch, and in his breeches pocket I found five guineas, and six shillings and sixpence: I took him over the way, and searched him further, and on his taking his stockings off, I found twelve guineas and a half in his stocking foot; I brought him over again there, and Jealous was in the<xptr type="pageFacsimile" doc="178402250187"></xptr>
parlour with the box, and he owned some part of the property, and said he found it then; I do not know what part of the property it was.</p>
<p>Mr. Garrow. Was this confession in writing? - No.</p>
<p>Is not it the constant custom of your office to take it in writing? - No, Sir, I do not know that it was.</p>
<p>Do you know it was not.</p>
<p>Court. I do not take it to be a direct confession.</p>
<p>Mr. Garrow. Now this man had been in custody of your mirmidons, and he had hid his money, for fear you should steal it from him, that is the case; is not it? - You may think as you please.</p>
<p>The prisoner called three witnesses to his character.</p>
<p> <rs id="t17840225-97-verdict500" type="verdictDescription"> <interp inst="t17840225-97-verdict500" type="verdictCategory" value="guilty"></interp>
<interp inst="t17840225-97-verdict500" type="verdictSubcategory" value="theftunder40s"></interp>
GUILTY. Of stealing to the value of 39 s. </rs>
</p>
<p> <rs id="t17840225-97-punish501" type="punishmentDescription"> <interp inst="t17840225-97-punish501" type="punishmentCategory" value="noPunish"></interp>
<interp inst="t17840225-97-punish501" type="punishmentSubcategory" value="sentenceRespited"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17840225-97-defend1002 t17840225-97-punish501"></join>
N. B. This sentence respited; see Part V. this prisoner tried and capitally convicted, but his case reserved for the opinion of the Judges </rs>
.</p>
<p>Tried by the London Jury before Mr. ROSE.</p>
</div1>

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