<div1 type="trialAccount" id="t17790113-1"> <interp inst="t17790113-1" type="collection" value="BAILEY"></interp>
<interp inst="t17790113-1" type="uri" value="sessionsPapers/17790113"></interp>
<interp inst="t17790113-1" type="after" value="17790113"></interp>
<interp inst="t17790113-1" type="before" value="17790113"></interp>
<join result="criminalCharge" id="t17790113-1-off1-c45" targOrder="Y" targets="t17790113-1-defend46 t17790113-1-off1 t17790113-1-verdict5"></join>
<p>83. <rs type="persName" id="t17790113-1-defend46"> <interp inst="t17790113-1-defend46" type="role" value="proceedingsdefend"></interp>
PIERRE MASSEAU <interp inst="t17790113-1-defend46" type="surname" value="MASSEAU"></interp>
<interp inst="t17790113-1-defend46" type="given" value="PIERRE"></interp>
<interp inst="t17790113-1-defend46" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17790113-1-off1" type="offenceDescription"> <interp inst="t17790113-1-off1" type="offenceCategory" value="theft"></interp>
<interp inst="t17790113-1-off1" type="offenceSubcategory" value="burglary"></interp>
burglariously breaking and entering the dwelling house of <rs type="persName" id="t17790113-1-person47"> <interp inst="t17790113-1-person47" type="role" value=""></interp>
John Harriott <interp inst="t17790113-1-person47" type="surname" value="Harriott"></interp>
<interp inst="t17790113-1-person47" type="given" value="John"></interp>
<interp inst="t17790113-1-person47" type="gender" value="male"></interp>
</rs>
on the 28th of December, about the hour of six in the evening, with an intent the goods of the said John in his dwelling-house to steal </rs>
.</p>
<p>(The prisoner being a foreigner, an interpreter was sworn.)</p>
<p> <rs type="persName" id="t17790113-1-victim49"> <interp inst="t17790113-1-victim49" type="role" value="proceedingsvictim"></interp>
JOHN HARRIOTT <interp inst="t17790113-1-victim49" type="surname" value="HARRIOTT"></interp>
<interp inst="t17790113-1-victim49" type="given" value="JOHN"></interp>
<interp inst="t17790113-1-victim49" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17790113-1-off1 t17790113-1-victim49"></join>
</rs>
sworn.</p>
<p>I live at the <rs type="placeName" id="t17790113-1-crimeloc2">Old White-horse-cellar, Piccadilly</rs>
<interp inst="t17790113-1-crimeloc2" type="placeName" value="Old White-horse-cellar, Piccadilly"></interp>
<join result="offencePlace" targOrder="Y" targets="t17790113-1-off1 t17790113-1-crimeloc2"></join>
. On the <rs id="t17790113-1-cd3" type="crimeDate">28th of December</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17790113-1-off1 t17790113-1-cd3"></join>
, about six o'clock in the evening, I was up stairs in the nursery with my wife and children, and was alarmed by a violent screaming. I apprehended fire and ran out.</p>
<p>Where was that screaming? - In the house. There are five rooms on the first floor;<xptr type="pageFacsimile" doc="177901130003"></xptr>
I was in one of them. I ran out, and the first thing I saw was the prisoner coming down stairs. I was satisfied he was a thief. I said, you scoundrel, what do you do here? The maid called out and said he was a thief. He said he wanted Mr. Cook, who lived up three-pair-of-stairs; the maid persisted in his being a thief. I delivered him into the custody of a servant, and went to see if there were any more of them. I went up into the garret, and found a pane of glass taken out of a transom window. I concluded he came over the leads of some other houses and came in there.</p>
<p>Do you apprehend he could have come in at that window? - He could have come in, and did come in; he said he was a good man and did not mean to steal.</p>
<p>Who are the people that have any business in that room? - The servant maid has lodged in that room seven months. When he said he wanted a Mr. Cook, he spoke very good English; he would not speak English afterwards.</p>
<p>Prisoner. I asked for a French cook, not for a Mr. Cook; the gentleman ill-used me and took me by the collar.</p>
<p>Prosecutor. I did take him by the collar. When I wanted him to speak English, he laughed in my face. I said, you scoundrel, if you laugh at me I will knock your teeth out.</p>
<p> <rs type="persName" id="t17790113-1-person50"> <interp inst="t17790113-1-person50" type="role" value=""></interp>
MARY PHIPS <interp inst="t17790113-1-person50" type="surname" value="PHIPS"></interp>
<interp inst="t17790113-1-person50" type="given" value="MARY"></interp>
<interp inst="t17790113-1-person50" type="gender" value="female"></interp>
</rs>
sworn.</p>
<p>I am servant to Mr. Harriott; I sleep in this room; it is three-pair-of-stairs backwards. There is a communication between the window of that room and the leads of the houses. I took notice of the window about eleven in the morning; there was no glass out then.</p>
<p>Are you sure it was whole? - Yes; when I made my bed about eleven the window was fast. About half after six in the evening I went up, took the key out of my pocket, and unlocked the door; then the prisoner came out. I always keep the door locked. I am sure I locked the door that morning.</p>
<p>Are you sure the person that came out of the room could not get in through the door? - Yes. When I saw him I screamed out, ran down one-pair-of-stairs before him, and called for several persons who were in the house to come up; he followed me down.</p>
<p>What did you say? - First I called to my master, then to my fellow servants, and said there were thieves in the house.</p>
<p>Did you see your master on the stairs as you came down? - I do not know that I did, I was so frightened. I went into my mistress's room and sat down; the prisoner was taken immediately. I am certain the prisoner is the person that came out of the room. I went up afterwards into the room, and saw a pane of glass was taken out of the window and laid in the gutter. The window was fastened again on the inside.</p>
<p>Was that pane of glass so near to the fastening of the window that a man could put his hand in and open it? - Yes.</p>
<p>Could he get in at the window? - Yes, any body might; I could get in myself. It is a casement fastened with an iron handle in the inside. I have lain in the room about seven months; nobody lay there but myself.</p>
<p>Was it dark then? - Yes; we had a candle; it was about half after six o'clock to the best of my knowledge.</p>
<p>Prisoner. I was coming up stairs, and was at the door just as she was, to ask for the man.</p>
<p>Phips. When I opened the door he came out of the room.</p>
<p>Jury to Mr. Harriott. What do you mean by a transom? - It is an iron transom casement; he took a pane of glass out of the casement.</p>
<p>PRISONER's DEFENCE.</p>
<p>I went to enquire for that person; he was to have taken a post chaise to Bath, and knowing a milliner at Bath I wanted this cook to call upon her to get acquainted with her; this cook gave me his direction to this house. I went up into the three-pair-of-stairs after this girl; the girl upon seeing me immediately screamed out; the family being alarmed, about thirty people came up and took hold of me, and would not hear what I had to say. I am quite ignorant of the customs and ways of this country, and<xptr type="pageFacsimile" doc="177901130004"></xptr>
thinking myself innocent I have called no witnesses.</p>
<p>GUILTY <rs id="t17790113-1-punish4" type="punishmentDescription"> <interp inst="t17790113-1-punish4" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17790113-1-defend46 t17790113-1-punish4"></join>
Death </rs>
.</p>
<p>Tried by the First Middlesex Jury before Mr. Justice NARES.</p>
<p>[The prisoner was <rs id="t17790113-1-verdict5" type="verdictDescription"> <interp inst="t17790113-1-verdict5" type="verdictCategory" value="guilty"></interp>
<interp inst="t17790113-1-verdict5" type="verdictSubcategory" value="withRecommendation"></interp>
recommended by the jury and prosecutor to his majesty's mercy </rs>
.]</p>
</div1>

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