<div1 type="trialAccount" id="t17840526-16"> <interp inst="t17840526-16" type="collection" value="BAILEY"></interp>
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<interp inst="t17840526-16" type="after" value="17840526"></interp>
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<join result="criminalCharge" id="t17840526-16-off86-c163" targOrder="Y" targets="t17840526-16-defend200 t17840526-16-off86 t17840526-16-verdict89"></join>
<p> <xptr type="pageFacsimile" doc="178405260036"></xptr>
534. <rs type="persName" id="t17840526-16-defend200"> <interp inst="t17840526-16-defend200" type="role" value="proceedingsdefend"></interp>
SAMUEL PEYTON <interp inst="t17840526-16-defend200" type="surname" value="PEYTON"></interp>
<interp inst="t17840526-16-defend200" type="given" value="SAMUEL"></interp>
<interp inst="t17840526-16-defend200" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17840526-16-off86" type="offenceDescription"> <interp inst="t17840526-16-off86" type="offenceCategory" value="theft"></interp>
<interp inst="t17840526-16-off86" type="offenceSubcategory" value="theftFromPlace"></interp>
feloniously stealing, on the <rs id="t17840526-16-cd87" type="crimeDate">3d day of May</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17840526-16-off86 t17840526-16-cd87"></join>
, one watch, with gold enamelled case, value 7 l. and two cornelian seals, set in gold, value 3 l. the property of <rs type="persName" id="t17840526-16-victim202"> <interp inst="t17840526-16-victim202" type="role" value="proceedingsvictim"></interp>
William Henry Bunbury <interp inst="t17840526-16-victim202" type="surname" value="Bunbury"></interp>
<interp inst="t17840526-16-victim202" type="given" value="William Henry"></interp>
<interp inst="t17840526-16-victim202" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17840526-16-off86 t17840526-16-victim202"></join>
</rs>
, <rs id="t17840526-16-viclabel88" type="occupation">Esq</rs>
<interp inst="t17840526-16-viclabel88" type="occupation" value="Esq"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17840526-16-victim202 t17840526-16-viclabel88"></join>
; in his dwelling house </rs>
.</p>
<p> <rs type="persName" id="t17840526-16-person203"> <interp inst="t17840526-16-person203" type="role" value=""></interp>
WILLIAM HENRY BUNBURY <interp inst="t17840526-16-person203" type="surname" value="HENRY BUNBURY"></interp>
<interp inst="t17840526-16-person203" type="given" value="WILLIAM"></interp>
<interp inst="t17840526-16-person203" type="gender" value="male"></interp>
</rs>
, Esq; sworn.</p>
<p>I live in the Office belonging to the Paymaster General.</p>
<p>Have you a lodging there, or is it the name of the house? - The ground floor is the office, I have all the upper part of the house.</p>
<p>Who does the house belong to? - It belongs to government, I apprehend.</p>
<p>Do you hire it, or is it given to you? - It is given to me, I have the first floor, second floor, and the garrets; I lost an enamelled watch, and two seals set in gold, the beginning of this month, but the hour of the day I cannot precisely say.</p>
<p>Whose house do you call this; who is the officer that lives there? - I look upon it to belong to the Paymaster.</p>
<p>Who had the lower floor here? - It is the publick office.</p>
<p>Then you properly call it the Paymaster's house, or the government's house? - Yes.</p>
<p>Mr. Garrow. I shall certainly, my Lord, standing here for the prisoner, contend this is not the house described in the indictment.</p>
<p>Mr. <rs type="persName" id="t17840526-16-person204"> <interp inst="t17840526-16-person204" type="role" value=""></interp>
Baron Perryn <interp inst="t17840526-16-person204" type="surname" value="Perryn"></interp>
<interp inst="t17840526-16-person204" type="given" value="Baron"></interp>
<interp inst="t17840526-16-person204" type="gender" value="male"></interp>
</rs>
. I believe there will be no occasion to trouble you.</p>
<p>Mr. Justice Willes. The only difference is, if it is not stealing out of the dwelling house, it is not a capital offence, that is all the difference.</p>
<p>Court to Prosecutor. Where did your watch hang? - It generally hung at the bed's head, my bed room was on the second floor.</p>
<p>What might be the value of it? - I cannot positively say, it cost me seventeen guineas, there were two cornelian seals set in gold; on Monday the 3d of May, when I came home in the evening, my wife said she had been very much alarmed, that a strange man had been found in her dressing room; I did not miss my watch till Thursday following; Mrs. Bunbury was taken ill that night, and I did not think of my watch; I did not usually carry this watch in my pocket, it was the watch she used to wear; I went the next morning after I missed it to Bow-street, and had it advertised, and there I found my watch and the prisoner, on whom it was said to be taken.</p>
<p>Mr. Garrow. Do you recollect at all how long before it was you had seen this watch? - I cannot.</p>
<p>Being Mrs. Bunbury's watch, you had not frequently seen it? - No, it generally hangs at the bed's head; I cannot say upon oath, but I think it was at the bed's head the day before, which was the 3d.</p>
<p>You did not miss it till the 6th? - No.</p>
<p>Did the prisoner in your hearing give any account how he came by the watch in Bow-street? - Yes, I think he said he won it at cards, that he played three guineas against it to the best of my recollection; he said it was in some alley out of Leadenhall-street, but he could not describe it; the prisoner has totally altered his dress since he was at Bow-street, and he had his hair tied.</p>
<p> <rs type="persName" id="t17840526-16-person205"> <interp inst="t17840526-16-person205" type="role" value=""></interp>
JOHN LEBAR <interp inst="t17840526-16-person205" type="surname" value="LEBAR"></interp>
<interp inst="t17840526-16-person205" type="given" value="JOHN"></interp>
<interp inst="t17840526-16-person205" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I belong to Bow-street Office; I and another man apprehended the prisoner on the 3d of May about four o'clock.</p>
<p>Court to Prosecutor. What time on Monday, the 3d of May, was it you came home? - I did not come home till evening, but there is a witness that will speak to the time he was seen.</p>
<p>Mr. Garrow. I beg Mr. Bunbury's servants may go out of Court.</p>
<p>Court to Lebar. Where did you apprehend him? - In Pearl-street, Spital-fields; I imagine he was just come from his father's house; I apprehended him on another affair; I seized him in the street, we put him in a hackney coach in Bishopsgate-street, and conveyed him to Bow-street; I searched him directly as he got into the coach; I<xptr type="pageFacsimile" doc="178405260037"></xptr>
found this watch upon him in his right-hand.</p>
<p>Was it in the condition it is in now? - Yes.</p>
<p>(The watch produced, and deposed to by Mr. Bunbury.)</p>
<p>Court. Did the prisoner give you any account of that watch? - He said he had won it that day at cards, at a coffee-house in Leadenhall-street.</p>
<p>Court to Prosecutor. Is it gold enamelled? - Yes.</p>
<p>Are the seals set in gold? - Yes.</p>
<p>Court to Lebar. What became of the watch? - I have had it ever since.</p>
<p>Are you sure it is the watch you took from him? - Yes.</p>
<p>Mr. Garrow. What distance is it from Whitehall to the place you apprehended the prisoner? - About three miles.</p>
<p>Near his father's house? - Yes.</p>
<p>Did he persist in the same story at Bow-street? - I believe he did.</p>
<p>Has he been uniform in that story? - Yes.</p>
<p>Leadenhall-street, where he describes, is near the place where you apprehended him? - About three-quarters of a mile.</p>
<p>Is it in the road to his father's house? - It is in that neighbourhood.</p>
<p> <rs type="persName" id="t17840526-16-person206"> <interp inst="t17840526-16-person206" type="role" value=""></interp>
ISAAC PETCH <interp inst="t17840526-16-person206" type="surname" value="PETCH"></interp>
<interp inst="t17840526-16-person206" type="given" value="ISAAC"></interp>
<interp inst="t17840526-16-person206" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am servant to Mr. Bunbury; I saw the prisoner come to my master's apartments between two and three, as near as I can guess.</p>
<p>What did he come there for? - He enquired for a young lady whose name I cannot remember, he was in the dressing-room when I saw him.</p>
<p>Prosecutor. The door is open at the bottom of the stair-case.</p>
<p>Court to Petch. Was any body in the room? - No.</p>
<p>What did you say to him? - My mistress was in the drawing-room, and she was ending me up for a sheet to lay on the sopha; I asked him who he wanted, he said he had been knocking this half hour, and could make nobody hear, and he mentioned the name of Miss somebody, which I cannot remember, and I told him there was no such person in the house; he moved his hat, and said he was sorry for the trouble he had taken.</p>
<p>Was he dressed as he is now? - No.</p>
<p>Are you sure that is the man? - Yes; I called the maid servant, and asked her if she knew that gentleman; she said no; he also moved his hat to her and went down stairs, and I followed him; he moved his hat at the door, and said he was sorry for the trouble he had taken; the door was upon the latch, and he opened it and went out.</p>
<p>Are you sure this is the man? - Yes.</p>
<p>Court. Is not there a door out of the dressing-room into the bedchamber? - Yes.</p>
<p>Mr. Garrow. How was the prisoner dressed? - He had an olive green coat on, and a round hat, and his hair was tied and very elegantly dressed.</p>
<p>Had you ever seen that person before? - No.</p>
<p>How soon did you see him again? - In Bow-street, he was charged with this robbery.</p>
<p>He had a fetter upon his leg? - Yes, he had.</p>
<p>All that corroborated a little towards inducing you to swear him? - Yes, Sir.</p>
<p>This was at the distance of four days? - Yes.</p>
<p>You had not seen him in the mean time? - No.</p>
<p>Is the stair-case light? - Yes, very light.</p>
<p>Could you have sworn to the man if you had met him in the street, would you have said that is the gentleman that was at our house? - Yes, Sir, I saw him there.</p>
<p>And that helped you pretty much? - No.</p>
<p>You say you think you should have known him? - Yes.</p>
<p>Why a flap round hat does not help one much to know a man again; was his hair<xptr type="pageFacsimile" doc="178405260038"></xptr>
well dressed at the Justice's? - I do not recollect it, his coat was a sort of olive green, inclinable to brown.</p>
<p>That is pretty difficult to describe; did you swear to him at the Justice's? - Yes.</p>
<p>Positively? - Yes.</p>
<p>Could not your fellow servant see him as well as you? - He was a very pale faced young man.</p>
<p>And you following him, and seeing the back of his well dressed head, could swear to his pale face? - She did not see his face not two minutes.</p>
<p>How many minutes might you see him? - Not long, I do not know how long; Mrs. Harris said, she believed him to be the man.</p>
<p>You are not sure that you should have known him any where but at the Justices, with a fetter on, standing at the bar? - No, Sir.</p>
<p>Court. I think you said before, you should have known him, are you sure that is the man by seeing him fettered, or by the recollection you have of his person? - I am sure that is the man that was in the house.</p>
<p>Court to <rs type="persName" id="t17840526-16-person207"> <interp inst="t17840526-16-person207" type="role" value=""></interp>
John Lebar <interp inst="t17840526-16-person207" type="surname" value="Lebar"></interp>
<interp inst="t17840526-16-person207" type="given" value="John"></interp>
<interp inst="t17840526-16-person207" type="gender" value="male"></interp>
</rs>
. You took this prisoner about four in the afternoon; was his hair tied or not? - Yes.</p>
<p>Can you recollect the colour of the coat he had on? - It was green.</p>
<p>Was he genteelly dressed at that time? - Yes, he had a green and gold waistcoat on.</p>
<p>Court to Petch. Do you recollect his waistcoat? - No, I do not.</p>
<p>You see if he was the man he had hardly time to change his clothes.</p>
<p>Prisoner. My Lord, I wish to ask the witness a question.</p>
<p>Court. You had better write it down and send it to your Council.</p>
<p>Mr. Garrow. What time of day was it that you saw this person in your house? - As near as I can guess between two and three, or a little after three.</p>
<p>What did you say about the hour at the Justices? - I told him it was about two or three.</p>
<p>Are you sure of that? - Yes; I do not recollect particularly.</p>
<p>Did not you say it was between four and five? - No, Sir, I did not.</p>
<p>Upon your oath you did not say that? - I am sure I did not say that, I said between two and three.</p>
<p> <rs type="persName" id="t17840526-16-person208"> <interp inst="t17840526-16-person208" type="role" value=""></interp>
MARY FOLEY HARRIS <interp inst="t17840526-16-person208" type="surname" value="FOLEY HARRIS"></interp>
<interp inst="t17840526-16-person208" type="given" value="MARY"></interp>
<interp inst="t17840526-16-person208" type="gender" value="female"></interp>
</rs>
sworn.</p>
<p>I saw a man at the door of my lady's dressing-room, the boy called me, and asked me if I knew that gentleman; the boy said he came up stairs to enquire for a gentlewoman with a French name, I have forgot the name; I told him I knew no such person, and he pulled off his hat, and said he hoped I would excuse the liberty he had taken; I cannot say whether the prisoner is the man; it was between two and three o'clock.</p>
<p>Prosecutor. The stair-case opens to the hall and the door was open.</p>
<p>PRISONER's DEFENCE.</p>
<p>I went to the Coffee-house in Leadenhall Street, between seven and eight in the morning, and after I had been there the space of half an hour, t here came in this man and offered this watch to sell, to two or three, and he came to me, and I played him three games at cribbage for three guineas a game, and won this watch of him.</p>
<p>Court to the Prisoner. What is your father, Sir? - A master Stone-mason.</p>
<p> <rs type="persName" id="t17840526-16-person209"> <interp inst="t17840526-16-person209" type="role" value=""></interp>
WILLIAM WESTON <interp inst="t17840526-16-person209" type="surname" value="WESTON"></interp>
<interp inst="t17840526-16-person209" type="given" value="WILLIAM"></interp>
<interp inst="t17840526-16-person209" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I have known him somewhat under two years, never knew but he was a hard working young fellow, he is a Stone-mason, his father is a Stone-mason, he works under his brother of the same business, I keep the Horse and Groom, in King-street.</p>
<p>Court. Did you ever hear of his being in Newgate before? - Never in my life, I never knew he was.</p>
<p>Court to Jury. With respect to the capital part of the case you will be relieved; for the prosecutor lives in the Invalid office, which is an office under government, he is permitted<xptr type="pageFacsimile" doc="178405260039"></xptr>
to reside there. Now a chamber, in a college, or an Inn of Court, where each inhabitant has a distinct property, is to all intents and purposes the mansion house of the owner; so also is a room or lodging in any private house, the mansion for the time being, if the owner does not dwell in the house; but if the owner lives there it is to be considered as the house of the owner: therefore this not being in acceptation of law, as stated in the indictment, the dwelling house of <rs type="persName" id="t17840526-16-person210"> <interp inst="t17840526-16-person210" type="role" value=""></interp>
William Henry Bunbury <interp inst="t17840526-16-person210" type="surname" value="Henry Bunbury"></interp>
<interp inst="t17840526-16-person210" type="given" value="William"></interp>
<interp inst="t17840526-16-person210" type="gender" value="male"></interp>
</rs>
, although you should be of opinion, that this young man was guilty of stealing the watch, as to the capital part of the charge you must acquit him.</p>
<p> <rs id="t17840526-16-verdict89" type="verdictDescription"> <interp inst="t17840526-16-verdict89" type="verdictCategory" value="guilty"></interp>
<interp inst="t17840526-16-verdict89" type="verdictSubcategory" value="lesserOffence"></interp>
GUILTY Of stealing, but not in the dwelling house </rs>
.</p>
<p> <rs id="t17840526-16-punish90" type="punishmentDescription"> <interp inst="t17840526-16-punish90" type="punishmentCategory" value="transport"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17840526-16-defend200 t17840526-16-punish90"></join>
Transported for seven years </rs>
.</p>
<p>Tried by the Second Middlesex Jury before Mr. Justice WILLES.</p>
</div1>

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