963. WILLIAM CASELEY proceedingsdefend was indicted for feloniously stealing on the 6th day of October , one wooden box, value 1 s. five teaspoons, value 12 s. 6 d. a tablespoon, value 8 s. a silver punch ladle, value 6 s. a pair of stays, value 14 s. a cap, value 2 s. an apron, value 1 s. nine children's linen caps, value 2 s. four shirts, value 1 s. two clouts, value 1 s. one child's dimity robe, value 2 s. the property of John Holman Deverell proceedingsvictim , in his dwelling house .

And JAMES SCOTT proceedingsdefend This name instance is in set 1362. This set is in the group(s): GarrowsClients . was indicted for feloniously receiving the same goods, on the same day, knowing them to be stolen .

JOHN HOLMAN DEVERELL < no role > sworn.

I live in Whalebone-court, Bell-alley , on Thursday the 6th of October I went to take a walk about five in the evening to the Shepherd and Shepherdess, and on my return I heard that I had been robbed during my absence, and I suspected the prisoner Caseley.

How came you to suspect him? - Knowing his indifferent principle; he was about my house frequently, not employed by me, but he had free access to my house to eat and drink; I took him up with one Hillman, and in Hillman's pocket was a piece of flannel found, that was locked in the box that was stolen from my premises: I got a search warrant to search Scott's house; when we went there, the property was first denied by Mrs. Scott, but Mrs. Scott said that Mr. Caseley and Mr. Hillman were in the cellar with her husband, and we found in the house all the things mentioned in the indictment, the stays and cap were thrown out of the window into a gutter, and a child's bedgown and other things were thrown out of the window into the gutter.

JAMES MILNER < no role > sworn.

I searched Scott's house and found these things.

What is Scott? - He is a cheesemonger in Widegate-alley, Bishopsgate-street.

(The spoons and punch ladle deposed to, marked I. D.)

Prosecutor. There were two Stock receipts for 3 per cent. consolidated Bank Annuities in my house when I went out.

WILLIAM WILLIAMS < no role > sworn.

I saw the prisoner Caseley come in about half after seven, at one Knap's in Angel-alley, at the George, and Hillman was with him, he brought in a box and strove to open it with his hands to lift it, he pulled out a key and tried to unlock it, but the key would not go in; in about three or four minutes they went out together and took the box with them; they were gone an hour and a half, and the prosecutor was waiting for them, as soon as he saw them he pitched them both into a box and charged the watch with them; about two or three in the afternoon I went to Scott's with a search warrant, and the officer went up stairs and brought down this bundle.

Hannah Horne < no role > , the prisoner Scott's servant, saw Casley and the other man come in with the box and go down in the cellar with Scott.

The two watchmen confirmed the finding the things at the house.

Prisoner Casley. My Lord, my wife lives with the prosecutor, she and him went out.

Court. What, is she his servant? - No; he took her from me, she is my lawful wife, I have six or seven children by her, I have three children living now, it was unknown to me some time where they were, and yesterday was fortnight she contrived to go out with him that I should take this property, and she would follow me with the rest as soon as she conveniently could; this is a fact, this man took my wife, and her properly was in this box, which was the stays and cap and other materials; as to the spoons, that this man says were his, before ever I knew that she cohabited with this man, she brought them to the house, six months before, and said they were her property; I disposed of them to Mr. Scott as such.

Court to Prosecutor. What do you say to this? - What he says concerning his wife, is doing his wife a deal of injustice, he is ruining his children, I took two of them out of Shoreditch work-house, and teach them the fear of man and the fear of God.

Court. But what do you keep the wife too? - Yes; do not think that I want to distress the man of a wife; no! I took that woman as a prostituted being from the street.

So you took her to keep her from prostitution? - I do my Lord.

Have you any children? - No; but I keep three of this man's, as they say; supposing I do live with his wife, they ought not to rob me, if I have done wrong there is a court of justice for me; these things were always in my possession, the box was mine, the punch-ladle was given me by my uncle, the linen was for the children of my first wife.

What age is this woman that lives with you? - I suppose she is about thirty.

She may have more children and it may be useful to keep the linen? - It will be so.

How long has this woman been with you? - About two years; this man has had free access of my house, they were always as intimate as could be, as far as the cupboard, but nothing further.

And so you kept these things to supply the children this woman may bring you? - Yes.

I suppose you know, if you convict this poor fellow of this offence he will be hanged, and you will have no more trouble? - No, my Lord.

Court. Let us hear no more of such a story as this; your time is too precious Gentlemen to be wasted upon such a tale as this.

Jury. My Lord, we are perfectly satisfied.

BOTH NOT GUILTY .

Tried by the first London Jury before Mr. Justice NARES.