496. JOHN SMITH BURNEL proceedingsdefend was indicted for feloniously stealing, on the 27th of March , two feather beds, value 4 l. four cotton window curtains, value 10 s. a pair of linen sheets, value 5 s. two linen pillow cases, value 3 s. two feather bolsters, value 4 s. two looking glasses in wooden frames, value 4 s. a mahogany table, value 6 s. two brass candlesticks, value 2 s. the goods of Thomas Neale proceedingsvictim , in a lodging room .

(The case was opened by Mr. Knapp.)

THOMAS NEALE < no role > sworn.

I am a cornchandler ; I live at No. 22, Little Poultney-street ; I know the prisoner at the bar, he came to my house on the 18th of Novmber to take a lodging, he said that he wanted a room for him and his wife, and he said he had a very good place in the salt office; I had two rooms to let on one floor; he said he would take both; they were 10 s. a week; he made the bargain with me; there were in the rooms two feather beds, two glasses, two bolsters, a pair of pillows, three blankets, four window curtains, a mahogany table, and a pair of brass candlesticks.

Q. How long did he live at this lodging of your's? - He was there about four months.

Q. Were all these things let to him with the lodgings? - Yes. He went into the country about the 25th or 26thof March 1793; I received a note from him on the 27th, it was sent by a porter, as soon as I received the note I had a suspicion that something was the matter, I immediately got a smith to get into the room, we got into the room and I found all these things at that time were missing; my wife was with me, and the porter that brought the note; I detained him; we had afterwards an information that he was lodging at No. 1, Plow court, Fetter lane; I went there and took four constables with me, and saw the prisoner there, it was between seven and eight o'clock in the morning; the woman that went as his wife was with him; the officers went into the room and said they had got a warrant; they immediately examined the desk and found duplicates that led to a great part of my property, and the key of my room; the prisoner was then taken into custody; I did not go to the pawnbroker's, my wife went, I saw some of the goods again in a few days, I saw them at home, they were the same goods as I had in the room, and were let to the prisoner; the constables brought them home, Baker and Slane.

Mr. Gardener. How many rooms were let to him, one or two? - Two rooms.

Q. How came you to say a room in your first examination? - He wanted only one room at first.

Q. On what day was this that you let him have possession of this room? - On the 22d of November; I let it him on the 19th.

Q. Did he ever deliver up any part of this property that was let to him? - Yes, he delivered a curtain and some trifles of one of the rooms to my wife, by that means I thought he was what he said, it was the curtains off one bed that he delivered up two or three days after he was in, and some few more articles; the rooms were both compleatly furnished.

Q. < no role > Did not he quit the apartment on the 25th of march? - He did on the 25th or 26th.

Mr. Gardiner to the Court. My lord, an objection arises here, it now turns out from the evidence of the prosecutor himself, that the prisoner quitted the apartments on the 25th or 26th of March, and in the indictment he has laid this theft to be committed on the 27th, therefore he has laid it to be committed after he left the apartments.

Court. The day is not at all material if it is laid before the indictment is found.

Mr. Gardiner to Prosecutor. Did the prisoner bring any goods in? - I never see any.

SARAH NEALE < no role > sworn.

Q. Do you remember the prisoner coming to your house to lodge? - I do; I took and shewed him the apartment, I shewed him one room, he wished to have two, they were let to him, there were two compleat beds, white cotton window curtains, a pair of linen sheets, two linen pillow cases, two feather bolsters, two looking glasses, one in a gilt frame and the other in a mahogany frame, and a mahogany table, called a small dining table, a pair of brass metal candlesticks; these were all in the room at the time the prisoner took the lodgings; my husband was not within, he came by the name of John Smith < no role > .

Q. After he went into the country how soon did you hear of him again? - We never knew he went into the country till we received the note; this gave my husband a suspicion, and he went to Plow-court, Fetter-lane; I went to the pawnbroker's Mr. Berry's, with the duplicates, there I found the pillow biers, the sheets and three window curtains.

Q. Did you know them when you looked at them? - I did; the window curtains were what I let with the room when he came, the sheets I regularly change once a month, but they were my property.

Q. < no role > From whom did you get that duplicate which you carried to Berry's? - From the officer Slane.

Gardiner. Did not the prisoner deliver up the key to you? - No.

Q. Did he bring any furniture with him; - No, I never saw any thing but a small bundle, and his wife was coming out of the country as he told me.

Prisoner. Did not I find my own linen? - No.

- SLANE sworn.

I am the constable; I went with a warrant to Plow-court, Fetter-lane; I found there Smith Burnell < no role > , and a woman that appeared to be his wife; I examined the room, and I found a pocket book with a vast number of duplicates, I suppose a hundred in an upper part of a bureau; he was in bed when we went into the room; he dressed himself, and he see that I had got the pocket book, and he flew to me, and endeavoured to make away with all the duplicates, but the other and me picked up the duplicates again; we then took him to the Police office in Marlborough-street; we kept the duplicates, and went to the different pawnbrokers, we went to Mr. Berry's and got some goods, the pawnbrokers has them now; Mrs. Neale claimed the window curtains, sheets and pillow cases; I do not remember any thing else.

Prisoner. What he says of the duplicates, and a pocket book is false.

HENRY BAKER < no role > sworn.

I am servant to Mr. Berry pawnbroker in St. Martin's-lane; I know the prisoner at the bar, I remember his coming to me on the 15th of March, he brought a pair of pillow biers, which I lent him two shillings on, on the 26th of March he brought three curtains and a pair of sheets, on which I lent him half a guinea, he put them in the name of Bedford or Beckford; I have no doubt of the person of the man. I remember Mrs. Neale and the officers came to our house and produced this duplicate, the same I had given; I have had the goods ever since in my possession. (Produced.)

Who brought the duplicate to you? - Mrs. Neale came with Slane and Penny.

Mr. Gardiner. I believe it is not at all unusual for people that are in distress to pawn things in other names than their own? - Not unusual, they do it very frequently. (The goods deposed to.)

Prisoner. I have a witness here to prove that I delivered these things to Mrs. Neale.

HENRY HEWIS < no role > sworn.

I am a hair dresser; I was waiting on Mr. Burnell on the 23d of November; I saw him deliver to Mrs. Neale, that was the landlady on the premises, the things that are missing, or charged in this indictment, one bed, a bolster, two pillows, four blankets, and two red curtains; after she had received them out of the room she came in again, and asked if she should take away the press bedstead, and he said, no, it was not in his way; he paid me a little bill that morning, and wished me a good day, and I went away.

Mr. Knapp. Is your name Hewis? - It is.

Q. How long have you known the prisoner? - Six years.

Q. What business is he? - He always paid me very honestly, I had no occasion to ask him what business he was of.

The prisoner called three witnesses to his character.

Mr. Knapp to Mrs. Neale. You have heard what the witness Hewis has been statin, that the prisoner brought things with him; is it true?

Court. He has said no such a thing at all.

Prisoner. The premises were all out of repair. If these sheets had been theirs, they must be dirty, because they had been laid in a month, and if they were their sheets they must be dirty, and not clean.

GUILTY. (Aged 63.)

Judgment respited.

Tried by the first Middlesex Jury before Mr. Justice BULLER.