<div1 type="trialAccount" id="t17880227-13"> <interp inst="t17880227-13" type="collection" value="BAILEY"></interp>
<interp inst="t17880227-13" type="uri" value="sessionsPapers/17880227"></interp>
<interp inst="t17880227-13" type="after" value="17880227"></interp>
<interp inst="t17880227-13" type="before" value="17880227"></interp>
<join result="criminalCharge" id="t17880227-13-off65-c153" targOrder="Y" targets="t17880227-13-defend188 t17880227-13-off65 t17880227-13-verdict69"></join>
<join result="criminalCharge" id="t17880227-13-off65-c154" targOrder="Y" targets="t17880227-13-defend190 t17880227-13-off65 t17880227-13-verdict69"></join>
<p>166. <rs type="persName" id="t17880227-13-defend188"> <interp inst="t17880227-13-defend188" type="role" value="proceedingsdefend"></interp>
GEORGE TALBERT <interp inst="t17880227-13-defend188" type="surname" value="TALBERT"></interp>
<interp inst="t17880227-13-defend188" type="given" value="GEORGE"></interp>
<interp inst="t17880227-13-defend188" type="gender" value="male"></interp>
</rs>
and <rs type="persName" id="t17880227-13-defend190"> <interp inst="t17880227-13-defend190" type="role" value="proceedingsdefend"></interp>
THOMAS FRENCH <interp inst="t17880227-13-defend190" type="surname" value="FRENCH"></interp>
<interp inst="t17880227-13-defend190" type="given" value="THOMAS"></interp>
<interp inst="t17880227-13-defend190" type="gender" value="male"></interp>
</rs>
were indicted, for <rs id="t17880227-13-off65" type="offenceDescription"> <interp inst="t17880227-13-off65" type="offenceCategory" value="theft"></interp>
<interp inst="t17880227-13-off65" type="offenceSubcategory" value="burglary"></interp>
burglariously breaking and entering the dwelling-house of <rs type="persName" id="t17880227-13-victim192"> <interp inst="t17880227-13-victim192" type="role" value="proceedingsvictim"></interp>
Thomas Wheeler <interp inst="t17880227-13-victim192" type="surname" value="Wheeler"></interp>
<interp inst="t17880227-13-victim192" type="given" value="Thomas"></interp>
<interp inst="t17880227-13-victim192" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17880227-13-off65 t17880227-13-victim192"></join>
</rs>
, on the <rs id="t17880227-13-cd66" type="crimeDate">27th of January</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17880227-13-off65 t17880227-13-cd66"></join>
, about the hour of six in the night, and stealing six quartern loaves of bread, value 3 s. and two twopenny loaves, value 4 d. the property of the said Thomas, in his dwelling-house </rs>
.</p>
<p> <rs type="persName" id="t17880227-13-person193"> <interp inst="t17880227-13-person193" type="role" value=""></interp>
THOMAS WHEELER <interp inst="t17880227-13-person193" type="surname" value="WHEELER"></interp>
<interp inst="t17880227-13-person193" type="given" value="THOMAS"></interp>
<interp inst="t17880227-13-person193" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I live at the corner of <rs type="placeName" id="t17880227-13-crimeloc67">Gerard-street, Soho</rs>
<interp inst="t17880227-13-crimeloc67" type="placeName" value="Gerard-street, Soho"></interp>
<join result="offencePlace" targOrder="Y" targets="t17880227-13-off65 t17880227-13-crimeloc67"></join>
; the prisoner French was my <rs id="t17880227-13-deflabel68" type="occupation">servant</rs>
<interp inst="t17880227-13-deflabel68" type="occupation" value="servant"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17880227-13-defend190 t17880227-13-deflabel68"></join>
; I had lost bread several times. On Monday morning, the 27th of January, about six o'clock, immediately as the bread was drawn, and brought up into the shop, my wife and I got up; I heard the bar taken down, and the door open; it was opened on the inside; I was called by the watchman; he had taken Talbert, with the bread upon him; it has my mark upon it; it should be a W, but it has one side broke off, and is like an N.</p>
<p>Counsel for the prisoner. Will you undertake to swear that the bread had not been purchased in your shop? - If it had, the money never came to me; I never sold it.</p>
<p>Had not your servant sold it? - If he had, he had not remitted the money to me.</p>
<p>You will not undertake to swear it had not been sold in your shop? - I cannot swear that.</p>
<p>Court. Where did you see the bread after it was taken away? - In a sack in the watch-house; I went there in consequence of an information.</p>
<p>Was French in the habit of selling bread for you? - Yes; he carried bread out, and served occasionally in the shop.</p>
<p>If any body came very early for bread, French being in the shop would have sold it? - Yes.</p>
<p> <rs type="persName" id="t17880227-13-person194"> <interp inst="t17880227-13-person194" type="role" value=""></interp>
RICHARD ELLIOTT <interp inst="t17880227-13-person194" type="surname" value="ELLIOTT"></interp>
<interp inst="t17880227-13-person194" type="given" value="RICHARD"></interp>
<interp inst="t17880227-13-person194" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a watchman. On the 27th of January, about a quarter before six in the morning, I saw the prisoner Talbert walking backwards and forwards before Mr. Wheeler's shop; Mr. Wheeler had lost bread several times, and desired me to watch;<xptr type="pageFacsimile" doc="178802270027"></xptr>
just as the watchmen had cried the hour of six I saw him go up to the door; I heard somebody on the inside undo the bar, and he lifted up the latch, and went; and I saw French put six quartern loaves, and two two-penny ones, into a bag he had with him; he twisted the bag up, put it across his shoulder, and went across the road.</p>
<p>Jury. Did you see any money pass at that time? - Not a farthing; he came directly out; I followed him till he came to the corner of Macclesfield-street, then I crossed the way, and told him he must go with me to the watch-house; I left him and the loaves at the watch-house, and went back to Mr. Wheeler's shop; I called the watchman, and then knocked at the door; I knocked three times before he would open it, then French listed up the bar, and opened the door, and I gave the watchman charge of him till I called Mr. Wheeler; Mr. Wheeler came immediately; he desired him to forgive him; he said he had never done such a thing before; we then took him to the watch-house; I have had the bread in my possession ever since.</p>
<p>What did Wheeler charge him with? - I don't know what Wheeler said.</p>
<p>Counsel for the prisoner. Had not Talbert time enough, when he went into the shop, to throw down the money for the bread before you came up? - No, not without my seeing him.</p>
<p>When French asked his master's pardon, you don't know whether it was for having stolen the bread, or having trusted a man his master would not trust? - I cannot say that.</p>
<p> <rs type="persName" id="t17880227-13-person195"> <interp inst="t17880227-13-person195" type="role" value=""></interp>
GEORGE ROSS <interp inst="t17880227-13-person195" type="surname" value="ROSS"></interp>
<interp inst="t17880227-13-person195" type="given" value="GEORGE"></interp>
<interp inst="t17880227-13-person195" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am a watchman; the last witness called me, and I went with him to Mr. Wheeler's, and he gave me charge of French.</p>
<p>Did you hear any thing Mr. Wheeler said to French? - He said he was very glad he was taken; that he had been robbing him for some time; French said, I hope you will forgive me for this time; Wheeler said, do you think I will forgive you, when you have robbed me while I was asleep?</p>
<p>Counsel for the prisoner. A man may rob his master by taking his property without his knowledge; or by selling his property without his knowledge; and keeping the money; in which of these senses did he charge him with robbing him? - I don't know; that is what he said.</p>
<p> <rs type="persName" id="t17880227-13-person196"> <interp inst="t17880227-13-person196" type="role" value=""></interp>
THOMAS POTTER <interp inst="t17880227-13-person196" type="surname" value="POTTER"></interp>
<interp inst="t17880227-13-person196" type="given" value="THOMAS"></interp>
<interp inst="t17880227-13-person196" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am foreman to Mr. Wheeler; I made the bread, and marked it, and drew it out of the oven, on the Monday morning; the bake-house is backwards, under ground, French carried them up into the shop; when I counted them in the shop, there were six quartern, and two two-penny loaves missing.</p>
<p>The loaves were produced in Court, and deposed to by the prosecutor.</p>
<p>The prisoners both left their defence to their counsel.</p>
<p>They called each of them two witnesses, who gave them a good character.</p>
<p>BOTH <rs id="t17880227-13-verdict69" type="verdictDescription"> <interp inst="t17880227-13-verdict69" type="verdictCategory" value="guilty"></interp>
<interp inst="t17880227-13-verdict69" type="verdictSubcategory" value="lesserOffence"></interp>
GUILTY, Of stealing the goods; but not guilty of breaking and entering the dwelling-house </rs>
.</p>
<p>Tried by the second Middlesex Jury before Mr. ROSE.</p>
<p> <rs id="t17880227-13-punish70" type="punishmentDescription"> <interp inst="t17880227-13-punish70" type="punishmentCategory" value="transport"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17880227-13-defend188 t17880227-13-punish70"></join>
<join result="defendantPunishment" targOrder="Y" targets="t17880227-13-defend190 t17880227-13-punish70"></join>
<note>[Transportation. See summary.]</note>
</rs>
</p>
</div1>

View as Text