<!-- © 2003-2008 Old Bailey Proceedings Online -->
<TEI.2>
<text>
<body>
<div0 id="17981205" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t17981205-52">
<xptr type="pageFacsimile" doc="179812050056"/>
<interp inst="t17981205-52" type="collection" value="BAILEY"/>
<interp inst="t17981205-52" type="year" value="1798"/>
<interp inst="t17981205-52" type="uri" value="sessionsPapers/17981205"/>
<interp inst="t17981205-52" type="date" value="17981205"/>
<join result="criminalCharge" id="t17981205-52-off278-c591" targOrder="Y" targets="t17981205-52-defend659 t17981205-52-off278 t17981205-52-verdict281"/>
<p>53.
<persName id="t17981205-52-defend659" type="defendantName"> BENJAMIN CLARKE
<interp inst="t17981205-52-defend659" type="surname" value="CLARKE"/>
<interp inst="t17981205-52-defend659" type="given" value="BENJAMIN"/>
<interp inst="t17981205-52-defend659" type="gender" value="male"/>
<interp inst="t17981205-52-defend659" type="age" value="60"/> </persName> was indicted for
<rs id="t17981205-52-off278" type="offenceDescription">
<interp inst="t17981205-52-off278" type="offenceCategory" value="theft"/>
<interp inst="t17981205-52-off278" type="offenceSubcategory" value="pettyLarceny"/> feloniously stealing, on the
<rs id="t17981205-52-cd279" type="crimeDate">19th of November</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17981205-52-off278 t17981205-52-cd279"/>, two ounces weight of tea, value 4d. </rs> the property of the
<rs id="t17981205-52-viclabel280" type="occupation">
<persName id="t17981205-52-victim660" type="victimName">United Company of Merchants trading to the East Indies
<interp inst="t17981205-52-victim660" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t17981205-52-off278 t17981205-52-victim660"/> </persName> </rs>
<join result="persNameOccupation" targOrder="Y" targets="t17981205-52-victim660 t17981205-52-viclabel280"/>.</p>
<p>Second Count. Laying it to be the property of certain persons unknown.(The case was opened by Mr. Knapp.)</p>
<p>
<persName id="t17981205-52-person661"> WILLIAM COMBES
<interp inst="t17981205-52-person661" type="surname" value="COMBES"/>
<interp inst="t17981205-52-person661" type="given" value="WILLIAM"/>
<interp inst="t17981205-52-person661" type="gender" value="male"/> </persName> sworn. - I am a labourer in the East-India warehouses. On Monday, the 19th of November, I was upon the upper floor of the building when I saw the prisoner go down one of the alleys of the warehouse, he went up to a chest, took some tea out of the chest, and put it into his pocket, I believe it was either in his breeches pocket, or some place made for the purpose in his apron; I acquainted one of the elders with it, and that is all I know about it.</p>
<p>Cross-examined by Mr. Const. Q. I believe it is not by such small quantities as this man is accused of, that the India Company in general have a complaint? - A. I cannot say.</p>
<p>Q. He might have seen you, as well as you see him? - A. He saw me when he went down.</p>
<p>
<persName id="t17981205-52-person662"> Q.
<interp inst="t17981205-52-person662" type="given" value="Q."/>
<interp inst="t17981205-52-person662" type="gender" value="indeterminate"/> </persName> Therefore if he had supposed he had been guilty of a felony, he would have continued it about him? - A. I cannot say as to that.</p>
<p>Court. Q. If he did not observe you, he might have taken a great deal more? - A. Yes, he might, he had an opportunity of taking more.</p>
<p>Q. How long afterwards was it that he was taken up? - A. I believe two or three hours.</p>
<p>Q. Then he continued upon this floor for two or three hours? - A. Yes, he was generally employed upon that floor.</p>
<p>
<persName id="t17981205-52-person663"> JOHN BURGESS
<interp inst="t17981205-52-person663" type="surname" value="BURGESS"/>
<interp inst="t17981205-52-person663" type="given" value="JOHN"/>
<interp inst="t17981205-52-person663" type="gender" value="male"/> </persName> sworn. - I am the King's locker at the India-house: I searched the prisoner, and found upon him a packet of tea, concealed in his breeches pocket, after searching him for ten minutes or more; it contained about two ounces. (The tea produced).</p>
<p>Cross-examined by Mr. Alley. Q. You attend for the purpose of searching people as they come out of the warehouse? - A. Yes.</p>
<p>Q. I take it a man is not likely to get off without being detected, or you must neglect your duty? - A. If we were to search every man as I searched him, it would take us from eight o'clock in the morning till night; we search them as quick as we can.</p>
<p>Q. Do not you search their pockets? - A. No; we search their breeches sometimes.</p>
<p>Q. This is worth about four-pence? - A. Yes.</p>
<p>Q. The prisoner has been some years in the Company's service? - A. Yes.</p>
<p>Q. This tea was folded up in a paper? - A. Yes.</p>
<p>Q. You did not find it in his waistcoat pocket? - A. No.</p>
<p>Q. Did you find it in his apron? -
<persName id="t17981205-52-person664"> A.
<interp inst="t17981205-52-person664" type="given" value="A."/>
<interp inst="t17981205-52-person664" type="gender" value="indeterminate"/> </persName> No.</p>
<p>Q. You did not find any loose in his pocket? - A. No.</p>
<p>Q. You do not search men when they come into the warehouse? - A. No.</p>
<p>Q. Therefore if a man means to go to see a sick friend before he goes home, after he has done work, and takes a little tea in his pocket for that sick friend, there is nothing wonderful in that? - A. No; but there is a rule against any body taking tea in.</p>
<p>- BARBER sworn. - I am an elder belonging to the India Company's warehouses.</p>
<p>Q. Look at that tea - is that like the tea that you had in the warehouse? - A. Yes.</p>
<p>Cross-examined by Mr. Alley. Q. You have every kind of tea in the warehouse, and therefore you know it must be like the tea in the warehouses? - A. This is congou tea.</p>
<p>The prisoner left his defence to his Counsel, and called eight witnesses, who gave him a good character.</p>
<p>There were upwards of twenty more attending, but the Court thought it unnecessary to examine them.
<rs id="t17981205-52-verdict281" type="verdictDescription">
<interp inst="t17981205-52-verdict281" type="verdictCategory" value="guilty"/> GUILTY </rs> (Aged 60.)</p>
<p>
<rs id="t17981205-52-punish282" type="punishmentDescription">
<interp inst="t17981205-52-punish282" type="punishmentCategory" value="imprison"/>
<interp inst="t17981205-52-punish282" type="punishmentSubcategory" value="newgate"/>
<join result="defendantPunishment" targOrder="Y" targets="t17981205-52-defend659 t17981205-52-punish282"/> Confined fourteen days in Newgate </rs>,
<rs id="t17981205-52-punish283" type="punishmentDescription">
<interp inst="t17981205-52-punish283" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17981205-52-punish283" type="punishmentSubcategory" value="fine"/>
<join result="defendantPunishment" targOrder="Y" targets="t17981205-52-defend659 t17981205-52-punish283"/> fined 1s. </rs> and discharged.</p>
<p>Tried by the London Jury, before Mr. COMMON SERJEANT.</p> </div1></div0>
</body>
</text>
</TEI.2>

View as Text