735. WILLIAM HORTON proceedingsdefend This name instance is in set 1533. This set is in the group(s): GarrowsClients . (aged 11) was indicted for feloniously stealing, on the 10th day of June last, four table cloths, value 4 s. two towels, value 12 d. three children's linen shirts, value 3 s. one shift, value 12 d. one jacket, value 12 d. one linen coat, value 6 d. two frocks, value 12 d. one waistcoat, value 6 d. one apron, value 6 d. one pair of stockings, value 4 d. one handkerchief, value 1 d. and one night cap, value 1 d. the property of Thomas Ball proceedingsvictim .

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.

JOHN BIRDSEY < no role > sworn.

I am a watchman, on the 10th of June after I had called two o'clock, this prisoner and two more passed me and bid me good morning, and when the clock struck three they all came past me loaded, I saw something under their clothes, I pursued them, and they dropped a bundle, two of them ran away and I took this one; they passed me three or four times altogether and came back altogether; one of them dropped a leg of mutton; this is the bundle and the prisoner is the boy, I took him to the round-house, and I afterwards found Mr. Ball's back gate open, and the door open, and two copper boilers let at the door ready, and in the hen-house there was a cock and hen without their heads, Mr. Ball's people owned the things in the bundle.

Mr. Garrow, Prisoner's Counsel. How far were you from any other watchman? - A quarter of a mile.

Had not you a rattle? - Yes, but it is a great chance if it is heard.

But the purpose of it is to be heard? - Yes.

There was nothing in the conduct of these three persons that drew your attention to them? - No, not at first.

So that you should not have known them again? - Yes I should, I see them frequently of a Ranelagh night.

This poor child was not loaded at all? - No.

The other two were stouter than this boy? - Yes.

ISAAC BARNEY < no role > sworn.

I never saw the boy till the watchman brought him to me, and a bundle of linen and things tied up in a handkerchief, and a leg of mutton, the boy fell a crying and said there had been two men along with him, and he was to watch the patroles and the watchmen while they got into the house; then we went round and found where the house was broke open, there was a window broke open, and a glass shutter.

Mr. Garrow. You had frighted this poor child out of his senses? - I do not think he was afraid at all.

Do you know what reward there is for the conviction of this poor infant? - Upon my oath I do not know.

Do you mean to say that you, a patrol, do not know? - I am sure it is a thing I never had.

You shall not slip through my fingers so? - Upon my word and honour I do not know.

Upon your oath, Sir? - I do not.

Did you never hear there was a reward of forty pounds upon the conviction of that child? - I never kneany such thing.

But you have heard it? - I never heard any such thing.

Come, come Sir, it is a fair question, and he Jury see you and hear you; upon your oath did you never hear that you should be entitled to forty pounds as the price of that poor infant's blood? - Your honour, I cannot say.

But you shall say before you leave that place? - I have heard other people talking about such things.

So I thought; and with that answer so given I leave your testimony with the Jury.

The things deposed to by Mrs. Ball; the shirts are marked and the table cloths and shift with S. B. the shirts are my own mending; here is a towel that I marked with I. R. that was left with me by a gentleman that went abroad, one Robinson; this striped waistcoat is my child's.

Mr. Garrow. That striped waistcoat is like ten thousand more? - Very likely.

The old shirts that are not marked, are pretty much like all other old shirts that have patches, and that are a good deal worn? - There is but one that is unmarked.

Did you mark the others? - My child marked them, I certainly must know them.

Why is not the marking of overy other girl that learns to mark at the same time alike? - I lost my property that morning, I must judge.

Is there any other thing you can swear to? - One of the table cloths has a fringe.

Do you know it by the fringe? - I cannot by that, I lost a table cloth, and it is with the things that are marked; two of the table cloths are marked by myself.

Can you venture to swear to your own mark on these two table cloths? - I would do no such thing.

Mrs. Ball it is true that there is nothing of that property that may not be mine or the property of any other man that is here; can you safely and consciously upon your oath say, that that is your property, and not the property of any other person? - If you say it is not mine, I do not know whose it is, it is my husband's, I certainly can swear to the linen that I marked.

Distinguish them? - These two table cloths.

Court. You are sure that these things which you have spoken of are your's? - I have not a doubt.

What age is the boy? - Eleven.

Court to Birdsey. When you followed these people two dropped the bundle and ran away, did the boy run away? - Yes.

Are you sure of that? - Yes.

What did he say for himself? - He said he did not belong to them, I asked him if he did not bid me good morning before and he said yes.

Court to Jury. Gentlemen, this is a boy of tender years, the circumstance that presses upon him is, his being seen in company with two men who dropped the bundle, and first running away and then acknowledging that he was in company with them, and was to watch while these two men got into the house; if you believe he staid without and watched while they got in and plundered the house, he is actually guilty with them. The law fixes no particular time for the age of discretion as to the criminality of the party, and under particular circumstances Courts have gone very far in adjudging children of very tender years to be capable of committing even capital offences, so far back as even of the age of eight years in some cases; in all cases the question is, whether the Jury are satisfied that the child, of whatever age, has sufficient knowledge and discretion to understand that he is doing a criminal act? for if he has, he is answerable to the law for the consequences; and whatever the feelings of Courts and Juries may be on such occasions, it would be highly detrimental to the public if any age was exempt, because people of full years would employ children to commit crimes of almost every description; therefore, if you believe that this child was conscious he was breaking the laws of his country, and was doing a criminal act, you will find him guilty; if you either doubt the proof of the property, or the truth of the case, you will acquit him.

NOT GUILTY .

(The father of the child called.)

Court. What are you? - I am a plaisterer's labourer.

Where do you live? - In Peter-street, Westminster.

Why do not you take care of your child? - I work with Mr. Groves, he had his supper when I was at home, and I put the boy to bed, and these people enticed him out afterwards.

Court. You must take care of him, it is your duty, and if you do not, you will be answerable to God and to your country if he comes to an untimely end after this warning? - I will take care of him.

Court to Prisoner. Child, you have had a very narrow escape, therefore, take care how you come into such company again.

Tried by the second Middlesex Jury before Mr. RECORDER.