Offences: Theft > theft from a specified place; Theft > receiving
Verdicts: Guilty; Guilty
Punishments: Death; Transportation
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96, 97. (L.) Edward Haines , otherwise Hales , was indicted for stealing one piece of shalloon, containing two hundred and twenty-four yards, value 12 l. two-pieces of bays, containing seventy-four yards, value 3 l. and thirty yards of cloth, called everlasting, value 38 s. the goods of Jeremiah Royds and Co. in their warehouse ; and John Cowley , for receiving the said goods, well knowing them to have been stolen , Jan. 22 . ++
Jeremiah Royds . The prisoner Haines was my porter , and lived in my house. On the 22d of January Mr. Sky in Bucklersbury came and told me, he was informed by Mr. Gee at the Lock-and-key in Smithfield, that I had a servant that robbed me, and that there was a parcel left at his ( Mr. Sky's house the day before, and desired I would go and see it. I went there; he shewed me two shalloons; then Mr. Sky went with me to the Lock-and-key, there we met with Cowley the prisoner; we charged him with receiving shalloons from my servant; he owned he had, and said my porter told him I gave him liberty to sell them, and I allowed him two-pence a yard. I asked him if he had any of the goods by him? He went up stairs, and brought down some bays; I looked at them, but could not swear to them, because the marks were taken off. I then desired to know what he had done with the rest he had of him: he told me he had sold two shalloons, and twenty yards of bays to one Abraham Port in Cloth-fair, and to Thomas Pierce in the same place four shalloons, fifteen yards each; and the next day he confessed to the selling a piece of everlasting, containing thirty yards, value 38 s. for 27 s. As to the other goods, he told me he had sold them sometimes for one price, and sometimes for another. He also said, he sold to James Black , of Black-friars seventeen yards of Bays; and to Charles Carshaw , of Drury-lane twenty yards. I know nothing of the taking of these goods; I know the prisoner could easily get at them.
Q. Did you mention Haines's name to Cowley ?
Royds. I did. (Four pieces of shalloon produced in court). These are all my property; two of them I had at Mr. Sky's, in Bucklersbury; the other four pieces that Pierce bought by Cowley he will not produce, nor tell whould he has disposed of them.
Mr. Sky. My wife and my servant told me that Haines brought these two piece of bay to my house.
Q. Are they here?
Sky. My wife is near her time, and not in a capacity to attend here; and my servant is gone away to her own country.
Prosecutor. I took the prisoner Haines up on the 22d of January, and took him before my Lord-Mayor, there these goods were produced, and I charged him with taking them from us; he acknowledged he had taken them.
Q. Was the warehouse mentioned at that time?
Prosecutor. I can't say whether it was or not.
Q. Did you promise him any favour previous to this?
Prosecutor. I told him, when I took him up, if he would confess every thing, it might be a means of making his case more favourable. He was very obstinate at first; he first confessed two pieces, after that four. I mentioned the bays, and part of them were produced before my Lord-Mayor, (a piece produced in court) this he owned there that he had taken; here is about ten or eleven yards of it.
Q. What is the value of these four pieces of shalloon and this bays?
Q. How do you charge Cowley with receiving these goods, knowing them to have been stolen?
Prosecutor. Cowley owned to me he had sold some at little more than half the value; this piece of everlasting I found in his room.
Abraham Fort . I live in Cloth-fair, (he looks at the pieces of shalloon, and takes out two pieces) these were once in my custody, Cowley delivered them to me, I had received a remnant of bays before that; he said he had the shalloon of a customer, a friend of his, but said he did not deal in them. I asked him then how his friend came by them? he said he had them of a brother in Yorkshire, and had but two or three now and then; he asked thirty shillings a-piece for these two, I gave him twenty-six shillings a-piece. I have goods now at home that I bought from Yorkshire at twenty-four shillings, and other goods at twenty-eight as good as these.
Prosecutor. This Pierce refused to give me an account what he had done with the pieces he bought of Cowley. We have some much dearer than these; we have from thirty shillings to four pounds.
Q. to Pierce. Look at this bays; was what you bought of Cowley like these?
Pierce. They were as near the quality to these as I can recollect. I inquired where he had them, he said they were sent him out of the country.
Q. Where are the shalloons you bought of Cowley ?
Pierce. I have disposed of them.
Q. How long ago?
Pierce. I can't be certain how long.
Q. Have you them now in your custody, or any of them?
Pierce. No, I have not.
Q. Can you produce any of them?
Pierce. No, I cannot.
Q. Do you know who can?
Pierce. No, I do not.
Q. Don't you know the person you sold them to?
Pierce. No, I do not; they were sold some to one person, and some to another, cut up.
Q. Can't you give an account of any particular person?
Pierce. No, I cannot.
Prosecutor. Please to ask him whether he sold them white or dy'd?
Pierce to the Question. They were sold in the white cut to pieces.
Prosecutor. There is no such thing as cutting, and wearing this white.
Q. Have you any book to produce to shew who you sold these goods to?
Q. Can you tell what you sold them for?
Pierce. I sold them by the yard.
Q. How much per yard?
Prosecutor. I sent for this man to come and give his evidence here, he refused, and said no, I will not, when you shew me black and white I will come, but not before.
William Gee . Cowley was a lodger in my house; one evening he brought a piece of shalloon home, and desired me to look on it, he said he had it of one Haines; he desired I would tell him what it was worth per yard, I said, I could not justly tell, but said it was very slight, and might be worth about a shilling per yard. I have seen Haines twice at my house; I asked him how Haines came by such goods? he said, Haines told him it was given him in exchange for some old cloaths. Some time after that I found Cowley had some bays, which was about a fortnight before he was taken up; I understood that the bays was to be sold for a shilling or fourteen-pence per yard, which he had from Haines, then I told him I would inquire into the thing, fearing it was a bad affair, then he said he should be glad if I would go down to Haines's master; I went to Mr. Sky at the Green-man in Bucklersbury, and acquainted him with it, and desired he would endeavour to find it out, he said Haines lived with a bays-factor. In about an hour after Mr. Royds and Mr. Sky came to my house, there they found Cowley. I remember Cowley told me one day he was going to sell a piece of bays, and the people were going to stop him, and he told Haines of it, and Haines said to him, he could have brought his master and brother to have released him.
The first goods I had I found in my master's cellar amongst the straw; I took them into the stable, and then sent them to Cowley, the others I had from one Jennings from Yorkshire, Cowley sold them for me, but he did not know who I had them of.
To their characters.
Mr. Stockall. I have known Cowley two or three years, he is a taylor, he has done work for me, and behaved well and honestly.
Haines guilty , Death .
Cowley guilty .