<div1 type="trialAccount" id="t17880109-1"> <interp inst="t17880109-1" type="collection" value="BAILEY"></interp>
<interp inst="t17880109-1" type="uri" value="sessionsPapers/17880109"></interp>
<interp inst="t17880109-1" type="after" value="17880109"></interp>
<interp inst="t17880109-1" type="before" value="17880109"></interp>
<join result="criminalCharge" id="t17880109-1-off1-c45" targOrder="Y" targets="t17880109-1-defend46 t17880109-1-off1 t17880109-1-verdict5"></join>
<p>98. <rs type="persName" id="t17880109-1-defend46"> <interp inst="t17880109-1-defend46" type="role" value="proceedingsdefend"></interp>
DAVID LATHAM <interp inst="t17880109-1-defend46" type="surname" value="LATHAM"></interp>
<interp inst="t17880109-1-defend46" type="given" value="DAVID"></interp>
<interp inst="t17880109-1-defend46" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17880109-1-off1" type="offenceDescription"> <interp inst="t17880109-1-off1" type="offenceCategory" value="theft"></interp>
<interp inst="t17880109-1-off1" type="offenceSubcategory" value="theftFromPlace"></interp>
stealing, on the <rs id="t17880109-1-cd2" type="crimeDate">8th of January</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17880109-1-off1 t17880109-1-cd2"></join>
, twenty-four pair of worsted stockings, value 20 s. the property of <rs type="persName" id="t17880109-1-victim48"> <interp inst="t17880109-1-victim48" type="role" value="proceedingsvictim"></interp>
James Deans <interp inst="t17880109-1-victim48" type="surname" value="Deans"></interp>
<interp inst="t17880109-1-victim48" type="given" value="James"></interp>
<interp inst="t17880109-1-victim48" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17880109-1-off1 t17880109-1-victim48"></join>
</rs>
, privately in his warehouse </rs>
.</p>
<p> <rs type="persName" id="t17880109-1-person49"> <interp inst="t17880109-1-person49" type="role" value=""></interp>
JAMES DEANS <interp inst="t17880109-1-person49" type="surname" value="DEANS"></interp>
<interp inst="t17880109-1-person49" type="given" value="JAMES"></interp>
<interp inst="t17880109-1-person49" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I live in Lothbury, I <rs id="t17880109-1-viclabel3" type="occupation">keep a wholesale hosiery warehouse</rs>
<interp inst="t17880109-1-viclabel3" type="occupation" value="keep a wholesale hosiery warehouse"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17880109-1-victim48 t17880109-1-viclabel3"></join>
.</p>
<p>Do you sell by retail? - No.</p>
<p>Court. Hand up the act of parliament.</p>
<p> <xptr type="pageFacsimile" doc="178801090003"></xptr>
Prosecutor. On the 8th of January, about two o'clock I went out of the warehouse, and the street-door is always open; joining the street-door there is a warehouse door from the passage; I left the warehouse-door, I believe, on jarr; I went up stairs and staid about two minutes; when I came down again, a person in Court informed me that a man was gone out of the warehouse with two parcels under his arm; we pursued him, and met him just turning the corner of the gateway, about sixty yards off; he had put the two parcels down by the gateway, I saw the parcels in the gateway, not in his possession; the prisoner was turning the very corner of the gateway; I took him and brought him back to the warehouse; I know the parcels to be my property; they contained twenty-four pair of women's black worsted stockings, as I believe, but I really had not examined them, because the goods had not been in the warehouse two hours; I had opened them.</p>
<p>What value were they? - About twenty shillings; they were worsted stockings.</p>
<p>Was there any body in the warehouse at the time? - Nobody; there was a gentleman in the counting-house, but he did not see him.</p>
<p>I understand you then that it is a wholesale warehouse, not a retail-shop? - It is a warehouse; not a retail-shop.</p>
<p> <rs type="persName" id="t17880109-1-person50"> <interp inst="t17880109-1-person50" type="role" value=""></interp>
THOMAS MARSTON <interp inst="t17880109-1-person50" type="surname" value="MARSTON"></interp>
<interp inst="t17880109-1-person50" type="given" value="THOMAS"></interp>
<interp inst="t17880109-1-person50" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I was going along <rs type="placeName" id="t17880109-1-crimeloc4">Lothbury</rs>
<interp inst="t17880109-1-crimeloc4" type="placeName" value="Lothbury"></interp>
<join result="offencePlace" targOrder="Y" targets="t17880109-1-off1 t17880109-1-crimeloc4"></join>
on the 8th of January, about two o'clock, and I saw a man loitering about at the corner of Princes-street, which was not the prisoner; I suspected him, I turned round and saw the prisoner walking backwards and forwards, near Mr. Deans's warehouse; I watched him, at last he went in without any thing; and I saw him come out again in the space of half a minute, with two parcels under his arm; the other man was still there; I let the prisoner pass me, and went and informed Mr. Deans directly, and he and I went out; I pursued and saw him directly; when I came out of the warehouse, he was not above thirty yards off, then he had the parcels; he turned his head and saw me coming along; then he went under the gateway, and I told Mr. Deans that was the man; I asked the prisoner where were the goods he took away; says he, what goods? I turned my head behind the gate, and there lay the goods; I am sure he was the man that went into Mr. Deans's, and came out with the parcels; I am sure I saw him again, after he came out with the parcels.</p>
<p>PRISONER's DEFENCE.</p>
<p>I know nothing of the robbery; my trial came on so soon, I could send for none of my friends; I am innocent.</p>
<p>Court to prosecutor. What is your name? - <rs type="persName" id="t17880109-1-person51"> <interp inst="t17880109-1-person51" type="role" value=""></interp>
James Deans <interp inst="t17880109-1-person51" type="surname" value="Deans"></interp>
<interp inst="t17880109-1-person51" type="given" value="James"></interp>
<interp inst="t17880109-1-person51" type="gender" value="male"></interp>
</rs>
.</p>
<p>With an S? - Yes.</p>
<p>Was the warehouse door open? - Yes, I went up stairs about two minutes, the gentleman I left in the counting-house was sitting on a stool, he could not see to the door, it being at least a dozen yards from the street-door.</p>
<p> <rs id="t17880109-1-verdict5" type="verdictDescription"> <interp inst="t17880109-1-verdict5" type="verdictCategory" value="guilty"></interp>
<interp inst="t17880109-1-verdict5" type="verdictSubcategory" value="lesserOffence"></interp>
GUILTY, Of stealing, but not privately </rs>
.</p>
<p> <rs id="t17880109-1-punish6" type="punishmentDescription"> <interp inst="t17880109-1-punish6" type="punishmentCategory" value="transport"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17880109-1-defend46 t17880109-1-punish6"></join>
Transported for seven years </rs>
.</p>
<p>Tried by the London Jury before Mr. RECORDER.</p>
</div1>

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