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

6th December 1815

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23 THOMAS HAYLEY proceedingsdefend was indicted for burglariousiy breaking and entering the dwelling houses of Patrick Gibbons proceedingsvictim , about the hour of five in the night of the 15th of November with intent to steal, andburglariously stealing therein, one coat, value 20s. the property of Edward Gibbons proceedingsvictim .

PATRICK GIBBONS < no role > . I keep the Red Lyon, in Nightingale lane . On the morning of the 5th of November, at about five o'clock in the morning, one of the lodgers was coming down stairs, and he called my son; I was in bed. A few minutes afterwards, I got up, and went down stairs, and when I got down stairs, my son was down before me, with John Lewis < no role > , and a Portuguese lodger, whose name was Francis; I heard him cry out that there was a Latheroon; (meaning a thief,) in the house. Then we found the pannel of the back door going into the yard broken.There was a hole large enough for a man's head to go in and undo the bolt. When we came to the bar, there was a pane of glass broken, in a side window adjoining the door; that window looks from the bar into the tap room, and side passage. I was generally up last myself; and every night we observed the doors and windows fastened before we went to bed; I saw the door safe and fastened, and this pane of glass whole the night before. The houses is my dwelling house,I rent it. I knew the prisoner about a fortnight, from his coming backwards and forwards to my house; but I had not seen him the day before; he did not lodge in my house. I saw him in my house, on the morning of the robbery, my son brought him up stairs, with the assistance of Lewis.

EDWARD GIBBONS < no role > . I am the son of the last witness. On the morning that my father has been talking of, I was called up at about five o'clock, by John Lewis < no role > , who told me there was a Latheroon breeking into the bar; I told him to get me a light, and he got me one, and I went down in my shirt, and there I caught the prisoner at the bar, in the passage, just alongside the bar, where he had broken the window; he was standing there with his jacket and trowsers off; he had left them just alongside the window. I said to him, is that you Hayley? have you come here to rob me? he never spoke; and then I called John Lewis < no role > , and John Francis, to aid and assist me. I then ordered him up stairs, and with the assistance of John Lewis < no role > , and John Francis < no role > , I kept him up stairs untill I went for an officer; at that time I had not observed the situation of the back door of the bar was padlocked, and had another lock on it; nobody could get into the bar before the window was broken; any man could get in when it was broken, but not before. I went then for the officer, and when he came, we unlocked the bar, and went into it, and I found all the papers scattered about, and the till lying on the door; my coat was missed from the bar, I had left it the night before in the bar; I found it aftrewards on the landing place of the stairs, alongside the prisoner at the bar; that was not the place were he was standing without his jacket and trowsers, it was up stairs; I ordered him up stairs, and he had my coat under his arm. I then went with the officer, and found where he broke in, which was at the door; I saw that the door was firm and fast the night before. At the time I got up it was dark, it was about five o'clock but I can't say exactly. I had known the prisoner a fortnight; in the course of the day preceeding he was in our house, but he did not lodge in it. He was not in the house when I locked it up at night; there was not a soul in the house then, but the lodgers and our family. That back door goes into our yard, and then there is the yard of the adjoining house.

Prisoner. It was past six o'clock, and quite day light when he came down.

Witness. It was only a little after five.

JOHN LEWIS < no role > . I am a lodger at this Red Lion. I was alarmed on that morning at about five o'clock, it was a little past five o'clock; one of my countrymen called me; I am a Portuguese; it was John Francis called me; it was quiet dark; I could not see any thing. I went down stairs; I heard a piece of glass fall down, and then I heard in a little time another bit fall. I could not see; but I heard some one making a scratching noise. I called up young Gibbons, and he saw somebody gathering up his jacket and trowsers under his arm.

Prisoner. Did you see the person walking up and down - A. No. The prisoner came out of the bar. I heard the crash; he came out of the glass.

JOHN LEACH < no role > . I was fetched that morning to the Red Lion, by Edward Gibbon < no role > ; to the best of my knowledge it was between five and six o'clock; at the time he fetched me it was just the peep of daylight; as I was coming along, it was scarcely dark; he took me into his father's house, the Red Lion; I found the prisoner there, in the custody of two lodgers, Lewis and another. He was then up stairs. He then had his trowsers on, and his jacket was off. I and Edward Gibbons < no role > went into the bar; Gibbons opened it. I saw the till laying in the middle of the bar floor, and likewise the other drawers were pulled out. We looked to see if any thing was taken away. The bar window looking into the passage, was broken, one pane. When that was broken, I think a man could very easily get through. I observed the back door and one of the pannels was broken; it was broken so that anybody could put their hand in, and draw the bolt. I examined the pannel, but can't tell whether it was broken from the inside, or from the outside. I saw another place where an attempt had been made with a sharp instrument, to cut the glass of the window out, which looks into the yard. I got this coat, (producing a coat,) on the stairs, lying underneath the prisoner's feet; they told me he dropped it, but that I did not see.

Edward Gibbons < no role > . That is my coat; that coat was left in the bar on the over night, and in the morning when I came down the prisoner had it; he dropped it, and we found it under his feet. I gave it to the officer. I am perfectly sure that the prisoner was not in the house; I searched it all round.

Prisoner's Defence. I had been newly paid off, and spent all my money in the prosecutor's house; this day in particular, I stopped during the whole day in the tap room dancing, and got drunk in his house, and fell asleep in a box, which was backwards, and I was awakened by two girls, and we had some gin, and then I went to sleep again.Besides it is well known, that there are two dogs in the house, one of which is a mastiff, and is so fierce, that if any body went to break into the bar, as they have sworn, he would tear him to pieces.

GUILTY - DEATH , aged 27.

Second Middlesex Jury, before Mr. Justice Le Blanc.




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