Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials

10th April 1793

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290 WILLIAM TURNBULL proceedingsdefend and JAMES SOMERVILLE proceedingsdefend This name instance is in set 13680. were indicted for burglariously breaking and entering the dwelling house of William Brooks proceedingsvictim , about the hour of eight in the night, of the 29th of January , and burglariously stealing therein, four linen towels, value 4 s. a linen table cloth, 3 s. a pair of linen pillow cases, value 4 s. a pair of silver tea tongs, value 10 s. a tea caddy, value 3 s. a silver spoon, value 3 s. a leather pocket book, with silver clasps, value 10 s. a metal cream pot, value 5 s. a pair of silver shoe buckles, value 15 s. a powderhorn, value 2 s. a knife value 3 d. a dimity waistcoat, value 10 s. a pair of plated buckles, value 6 d. the goods of the said William Brooks < no role > , and five linen shirts, value 15 s. two pair of cotton stockings, value 2 s. and two pair of nankeen breeches, value 1 l. the goods of James Upstone proceedingsvictim .

(The case was opened by Mr. Knapp.)

WILLIAM BROOKS < no role > sworn.

I had chambers in St. Clement's-Inn , the ground floor, No. 16. On the 29th of January I left my chambers about eleven or twelve o'clock in the day, and James Upstone < no role > , my clerk , went with me, I had another clerk but he was in Oxford-shire, I left nobody in my chambers; I left them secure, the window shutters were not shut, but the windows were and the door was locked; I did not return myself till about nine or a half past nine in the evening; my clerk was returned before me; when I came home I found some Bow-street people and the porter there and two or three gentlemen that live in the stair case, and I found the chambers had been robbed, and I missed every thing in the indictment, and one of the window shutters had been forced off the hinges by means, I believe, of a chissel; they also forced several drawers of a book case; I never saw either of the prisoners till now.

JAMES UPSTONE < no role > sworn.

I am clerk to Mr. Brooks. On the 29th of January I went down to Westminster Hall with him and returned about eight o'clock in the evening; when I came home the gentlemen up stairs, Messrs. Hayman and Cobb, and one of their clerks, were in the chambers looking about; we sent directly to Bow-street; the chambers were broke open by the window, the window was listed up and the shutter was wrenched off the hinges. I lost five shirts, a waistcoat, a pair of nankeen breeches, and a pair of cotton stockings, my property; when I went in every thing was all in confusion, my trunk was broke open, the lock was wrenched off and all the things thrown out, and besides that, the bureau and drawers were broke open; here is a paper which I had wrote upon, and I left it on the desk, and it was tumbled down just at the window, and it appears to have a wet foot mark on it, it was a wet night.

BENNET ALLEN sworn.

I am clerk to Messrs. Hayman and Cobb, their chambers are directly over Mr. Brooks's. On the 29th of January as near as I can recollect about seven o'clock in the evening I was going up stairs and passing Mr. Brooks's chambers a man immediately opened the door and looked me very hard in the face, he was within the chambers, I took him for a clerk belonging to Mr. Brooks, it was quite dark at that time; I had occasion to go out about eight o'clock, and coming past the door of Mr. Brooks, the watchman was there calling out Mr. Brooks, I asked him what was the matter? he said, that on coming to his box he observed a man come out of Mr. Brooks's chambers, and in passing his box the man seemed to be in a hurry to get off, he wanted to know if Mr. Brooks was at home; I said, you had better go in; he went in, and I went in with him; we found two candles laying on the floor, they were both in candlesticks upright, and one was alight; all was in a great heap of confusion; the the door was wide open.

Q. Did you observe the lock of the door? - I cannot say I did.

Q. Did you observe the windows? - I cannot say I did; I was there but a very short time.

Q. Did you make any observations how the persons might have got in? - I did not; I observed all the drawers that had been locked were forced open; going out I met the clerk of Mr. Brooks, Mr.Upstone, and I told him his chambers had been broke open.

JOHN DE La < no role > FONTAINE sworn.

I am an officer belonging to Bow-street; in consequence of an information I apprehended the prisoner Turnbull, on the 27th of February, I apprehended him at a place called the World's End; I believe it was the house where Turnbull was quartered at, he belonged to the Middlesex militia, and was quartered there at that time; I searched him, and I found on him a powder flask, which I have here; there was another man present with him; I searched him, and I brought him along with me to Tunbridge Wells; he told me that he had a trembling on him for two or three hours before, and that he had a dream the night before that his mother was dead, and he expected what had happened; he knew what I came for as soon as he saw me; I asked him if he had any box, or any thing else? he said he had not; he was giving some things out of his pocket to a comrade, the comrade said, that is my powder horn, I then took the powder horn from him, and brought him to London. (The powder horn produced.) As I was coming along in the coach with this Turnbull, I did not tie his hands; while I was in the coach I was taken very bad and sick, I had occasion to put out my head, I wanted to cast up, while my head was out of the coach, I felt something at my pocket, and afterwards when I felt, I found I had lost the horn; we were then out of the coach, I told him he had used me very ill, he had picked my pocket; he said, he dare say I had let it fall at the bottom of the coach; accordingly I went back to the coach, and the coachman found it at the bottom of the coach. (Deposed to.) On the 26th I had notice of a box being left at Mr. Cook's the furrier's, that was the property of Turnbull. I went to Mr. Cook's and I saw Mr. Cook's servant girl, and the instant she saw me, she was ready to faint away, she said, she knew very well what I came about; of Mr. Cook, who is now in court, I requested to see that box, and therein I found a great quantity of things which I now produce. Mr. Brooks's man has seen them, but Mr. Brooks has not. (The articles produced and deposed to.) I apprehended Somerville on the 22d of February, at the Bull's Head in Crown-street, St. Giles's; Miller and I were together, he denied his name at first, he was playing at knock up halfpenny in the tap room; I looked very hard at him, and said pray, is not your name Somerville, he said, no, I pulled off his hat, and I saw his hair was dressed up in a soldier's form, I said to him your name is Somerville.

Q. Is he in the militia? - No, but he wanted to feign their dress. I said I am certain your name is Somerville, and whether it is or no I will take you, I apprehended him. Treadway had searched Somerville's lodgings before.

EDWARD TREADWAY < no role > sworn.

I am a constable. In consequence of an information I went to Somerville's lodgings, on Monday the 4th of February; I know they were Somerville's lodgings, by Stone, who was tried here last sessions, and the landlord is here to prove it. I went to a house, No. 5, in Shaw's-Gardens, I found a deal of property there; some belonging to Mr. Brooke's, and some belonging to other gentlemen in the chambers, here is a pocket book, and two silver spoons, a pair of boot buckles, and two pair of stockings, and a chissel, which has the top broke off, and which piece was found in the Chambersof Mr. Brooke's, in one of the drawers, and they correspond.

Mrs. PULLEIN sworn.

I live at No. 5, Shaw's-Garden, St. Giles's; I know the prisoner Somerville, he lodged with me three weeks, he had the the pair of stairs back room, he lodged with me at the time that Treadway came.

Treadway. That was the room I searched (The articles deposed to.

Prisoner Somerville. There was a gentleman of the name of Smith that boarded in my house and my wife washed for him, and he brought these things in my absence, and my wife took them in, he had boarded with me very near a twelve month.

The prisoner Somerville called two witnesses, who gave him a good character.

The prisoner Turnbull called one witness, who gave him a very good character.

William Turnbull < no role > . GUILTY . Death . (Aged 22.)

James Somerville < no role > This name instance is in set 13680. . GUILTY . Death . (Aged 25.)

Tried by the first Middlesex Jury before Lord KENYON.




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