JOHN PENNY, Theft > grand larceny, 25th February 1784.

Reference Number: t17840225-35
Offence: Theft > grand larceny
Verdict: Guilty
Punishment: Transportation

298. JOHN PENNY was indicted for feloniously stealing, on the 9th of February , four linen sheets, value 10 s. three linen pillow-cases, value 3 s. ten damask table cloths, value 5 l. eight linen shirts, value 4 l. six linen stocks, value 6 s. four cotton waistcoats, value 40 s. a pair of cotton drawers, value 1 s. two linen caps, value 2 s. a thread nightcap, value 1 s. three linen handkerchiefs, value 7 s. two silk handkerchiefs, value 4 s. one dimity petticoat, value 5 s. three shifts, value 15 s. one pair of dimity pockets, value 2 s. fifteen towels, value 12 s. two muslin aprons, value 7 s. one muslin cap, value 1 s. four muslin jams, value 4 s. one muslin frock, value 1 s. two cotton petticoats, value 2 s. one flannel petticoat, value 2 s. three yards of flannel, value 3 s. two yards and a half of cotton, value 2 s. two pair of cotton stockings, value 2 s. and 5 linen pin-cloths, value 2 s. the property of Jenkin Jones , Esq .

The Witnesses examined apart, by desire of Mr. Garrow, the Prisoner's Council, except Mr. Jones, the Prosecutor.

ELIZABETH MASON sworn.

Examined by Mr. Sylvester, Council for the Prosecution.

I am servant to Mr. Jones, his house is in Old-street; I remember this box being packed up, containing the things mentioned in the indictment; the chest was locked, I have one key, and the laundry maid has another; I saw all these things put into the chest; it is a large square box.

WILLIAM SHORTLING sworn.

I am servant to Mr. Jones, I drove his waggon the 9th of February, I took the chest of the servant, tied fast with a rope, and put it into the waggon, and set off to Moulsey; going over Blackfriars-bridge, a man asked me if I had not lost something; I looked at the waggon, and the box was gone; then we went back, this man and me.

Court. Is that man here? - I do not know, I do not know his name; we went back together to see after this box, but did not find it; then I went to look at the waggon again, and the rope was cut in two parts.

Mr. Garrow, Council for the Prisoner. This was a very large trunk? - Yes.

You never saw it since? - No.

Mr. Sylvester, Council for the Prosecution. Could one man carry it? - No.

What o'clock was it? - Between eight and nine in the evening.

Mr. Garrow. Then it was pretty dark, was not it? - Yes, and it snowed very fast.

The remainder of this Trial in the next Part, which will be published in a few Days.

Old Bailey Proceedings front matter, 25th February 1784.

Reference Number: t17840225-35

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And published by Authority.

NUMBER III. PART VI.

LONDON:

Printed for E. HODGS ON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of John Penny .

- PEARCE sworn.

I went with a search warrant to search this man's house on the 10th of February, between seven and eight that night, he lives in Long's-buildings, White-cross-street; when I came there, we got entrance into the house, and the prisoner and his wife were at supper; we told them our business, their apartment consists of one room, parted off for a bed-place; we found several things in the bed room, which were handed out to the high constable, from the officer who was in the bed room; I prevented the prisoner from going out; a child's frock was found, and the prisoner said, do not take that, that is my child's frock, but it was taken and tied up in a handkerchief, and has been in the possession of Mr. Boddington the high constable ever since; we took the prisoner and the things to Mr. Jones's house, and the first thing that caught his eye was this very frock; Mr. Jones owned it, and Mrs. Jones, and the housekeeper; we took the prisoner to New Prison.

Mr. Garrow. Where do you live? - Windmill-hill Moorfields.

That is not in the neighbourhood of Rosemary-lane? - No.

Is it not that what is called Rag-fair? - Yes.

What do people do there? - Buy and sell all kinds of wearing apparel.

You saw the wife of this man? - Yes, she was very big with child, and compassion led us not to take her on that score.

- BODDINGTON sworn.

I am high constable of Finsbury division, I went with this search warrant to the prisoner's house; this is the property I found in the house where Penny was, it has been in my possession ever since; here is a child's frock, a shirt, a petticoat, and pockets, that were all sworn to the next day, on examination at the Rotation Office.

Mr. Garrow. I suppose the apartments consisted of one room, with the bed parted off? - Yes.

Did you find any thing concealed in cupboards and closets? - No.

Did you find any trunk there? - No large trunk.

In the course of your office as high constable, perhaps you sometimes visit Rag-fair? - No, Sir, I do not belong to that division.

JENKIN JONES, Esq; sworn.

I have a town house in Old-street, and I have a country house at Moulsey; this chest I understood contained a great quantity of wearing apparel.

To what amount? - If new, I suppose seventy or eighty pounds, as it is in wear, I suppose about forty pounds; I selected this particularly from a great deal of other, it was confirmed by my wife and servant, the shirt I know by a singular circumstance, it had a particular mark, which being discoloured, I desired the high-constable to get it washed out.

Mr. Garrow. You could not then identify it by an initial of a name only that mark? - No.

The Jury cannot judge of that mark, because it is washed out: of course gentlemen of your figure have vast quantities of linen for yourself, and the rest of your family, which, when they are worn, pass into the hands of servants? - Clearly so.

As to the frock you cannot identify it particularly? - Not particularly.

Mr. Sylvester. When had you seen that shirt before, Sir? - I must have worn it in the course of that week, either on the Thursday or the Friday, from that very circumstance of that mark.

Look at that shirt and these things? -

There was an J. and a figure of twelve upon it, there is the J. to be seen, the twelve is out.

MARY WAKEFIELD sworn.

I know the pockets to be Mrs. Jones's, there is an oilet hole to tye them by, and this petticoat has loops to tye it to the child's stays, and this frock is a very particular made one, it is gathered at the top, and the body is loose and ties on.

Jury. But several jams are made in the same manner? - Yes, but they are generally open at top, I am sure they are Mrs. Jones's.

Mr. Sylvester. Have you the least doubt? - No.

Mr. Garrow. Are the oilet holes in the pocket and the loops of the petticoat so particular that you can swear to them? - To the best of my knowledge I believe them to be my work, and her property.

As to the loops on the petticoat, I fancy there is nothing so common? - Most people few them to stays.

Yes, but many people wear loops besides Mrs. Jones's family, as to the jam I shall trust that observation to the Jury; can you venture to say that these identical things were put up in the trunk? - Yes.

Why, there are in the family duplicates without number of all their things? - I make one list and send with the clothes, and keep another by me.

So I thought, then you swear by your list, but whether these identical things or others of Mrs. Jones's, were in the box, you do not know; now do you affect to swear that these identical things were in the box? - I firmly believe in my own mind that these are the things.

What is the ground of your belief, and by what do you distinguish them? - From the make and the marks.

If Mr. Jones has ten dozen of shirts, how are you sure that that indentical shirt was put up by you in the box; that you put up a number of shirts, I can easily conceive, but can you swear that you put up that identical shirt and these other identical pieces of linen? - By the loops, and by the oilet holes, I firmly believe they are the things.

Court. This linen was sent from Old-street down to Moulsey by water? - Yes.

Did you send all your master's dirty shirts? - Yes.

How often do you send? - Every week.

Mr. Garrow. Can you take upon yourself to say that that is one of the shirts that were sent that week? - I firmly believe it to be one.

Mr. Justice Gould. She is sure that it is Mr. Jones's shirt, whether it was in that box, or at any other time it is found in the possession of the prisoner.

Mr. Sylvester. Had your master lost any linen the week before? - No.

Mr. Garrow. How do you know what went to Moulsey? - Because they were returned safe to me clean.

- sworn.

I am nursery-maid to Mrs. Jones.

Look at that jam? - The greatest part of it I made myself, this piece underneath that tuck I put to it, it has not been washed since, and there was new edging about it.

JOHN LUCY sworn.

I am a constable of St. James's, Clerkenwell, I found some things in a bed room in Long's buildings, White-cross-street, in a foul clothes bag at the head of the bed, I cannot say whether these are the things, they have been out of my custody; Mr. Bodington was with me.

Mr. Garrow. Did you find any thing concealed? - No.

To Mr. Bodington. To whom did you deliver that shirt to be washed? - To my servant-maid in my own house, I was in the house on last Sunday when it was done, I saw it washed, because it should not go out of my custody.

PRISONER's DEFENCE.

My Lord, I am very much incensed against the Jury, in hopes they will not pass any encomiums on my past conduct.

Court. What does he say.

Mr. Garrow. My Lord, I believe he means that he has confidence in the clemency of the Jury.

MARY BURN sworn.

Mr. Garrow. Do you know the prisoner? - Yes.

You and he lived, I believe, in the same apartment at the time he was apprehended? - Yes.

You was there when the officers came? - Yes.

Did you see the linen they carried away with them? - Yes.

Can you give the Court any account of that linen or any part of it? - I bought a parcel of child-bed-linen, and along with it, I bought this muslin frock, and a man's shirt, and a pair of dirty pockets.

Where did you buy them? - In Monmouth-street, Rag-fair; I carried them home all wrapped up together, I told the constable then, that I bought them that same afternoon.

Cross-examined by Mr. Silvester.

When you get through Monmouth-street then Rag-fair begins? - Rag-fair joins to the Minories; I thought it was Monmouth-street.

Who did you buy them of? - A woman.

Then you heard Mr. Penny say that is my child's frock? - No, I did not, I asked for a few of the child-bed-linen for fear any thing should happen to me, as I was so near my time.

Are you his wife? - I live with him in that capacity.

Oh! in that capacity, how long pray? - Upwards of three years.

Mr. Garrow. He has some children, I believe? - Yes, Sir, I have two.

JOSEPH DUNBAR sworn.

I am a jeweller, I know the prisoner, he works for me.

How long? - About nine or ten months, or rather better, ever since last March.

What character has he deserved at your hands? - A very good one, he has had it much in his power to rob me, and I have found him just and honest.

Do you remember being lately in his company, if you do, you will tell the Court where it was? - He was with me from between five and six o'clock in the evening till near ten, we were at No. 3, Naked-boy-court, Ludgate-hill; that is my own house, I have a house also in Butcher-row, No. 11, which he worked at.

Mr. Sylvester. What are you, Mr. Dunbar? - A jeweller, Mr. Sylvester.

Where do you live? - No. 3, Naked-boy-court, Ludgate-hill.

How long have known the prisoner? - About nine, ten, or eleven months, ever since last March.

You did not know him before March? - No.

You knew nothing at all of him before then? - I never knew him intimately.

What you was not with him before March? - No.

No where? - No.

Do you know where he was? - No, not particularly.

But I want to know particularly? - Upon my word I do not know particularly.

You seem to be shuffling? - I do not know.

Upon your oath you never heard where he was? - That is a different thing, I have heard he was fined for a misdemeanor, that I do not know upon my oath.

Do not you know any thing more of him? - I do not know any thing else upon my oath.

Then your acquaintance only commenced in March? - He worked for me in March.

But where he was before you do not know, where did he come from? - I do not know otherwise than I have heard, I declare it to you as an honest man, however you suspect it otherwise.

You yourself I understand have been in disagreeable circumstances? - Yes, and you know I was innocent, and I call somebody to witness, superior to you and me, that is, my God, that I was innocent.

But since that look round, and see if you do not see any gentleman that you know, do you know that worthy Alderman? - Yes.

Was you ever before this gentleman? - This is the gentleman that you alluded to.

No, that is another business, now as the Court are disposed to laugh, I shall be glad if you would explain it? - The charge that was before that gentleman you know, because I gave you a fee for your kind assistance, which you received for your honest ingenuity.

Court to Dunbar. You say Sir, you have heard of this man being fined for a misdemeanor? - Yes.

What was the fine? - Something about a twelvemonth.

The question is, whether you have not heard of somewhat happening to the prisoner besides the fine? - Nothing upon my oath.

Did you never hear that he was in prison? - Fined, and confined, that was what I meant by the word fined.

Mr. Sylvester. It was from this Court? - That I do not know.

Court. Had you heard he was in prison at the time you employed him in business or after? - Sometime after.

Did you after you had heard that, make any enquiry into the truth of it? - No, only I have very carefully watched over him, and found him very faithful, I enquired no further than from the general report of people; I found him very faithful in his business to me.

What was the general report? - That he had been fined and confined here for some offence, but I did not hear what.

Mr. Sylvester. Not for stealing nutmegs? - I never heard of it till now.

Do you know the hulks? - Yes.

Was the prisoner never there? - I never heard of it in my life.

DAVID MOFFATT sworn.

I have known the prisoner about ten months.

What has been his general character during ten months? - I am a carpenter myself, I have done some jobs for him.

As far as his general reputation reached you, was he an honest man? - I heard no report of his character before this, I never knew him before, I was recommended to him.

John Lucy . I speak in justice to the prisoner, he never owned the jam, but the woman downed on her knees, and begged to have the jam out of the bundle, she said, she bought it in Rag-fair that morning, and the man never acknowledged a word of it at that time upon my oath; I think it no more than justice to mention.

- PEARCE sworn.

I am upon my oath as well as that officer, he was busily employed in taking the things

out of the inner room, and could hear every word, I whispered to Mr. Bodington at the same time, and said, I insist on that jam being taken, the prisoner said do not take that, that is my child's frock, these were the very words.

Court to Pearce. Did you see the woman fall on her knees? - The prisoner at the bar begged once or twice not to take the frock, because it was the child's and Mr. Bodington I believe, made answer to the woman, good woman, be easy.

Court to Bodington. How was this? - I do not know that the man did ask for the frock, or say it was his frock, the woman begged I would deliver the frock to her.

GUILTY .

Transported for seven years .

Tried by the First Middlesex Jury before Mr. Justice GOULD.

Old Bailey Proceedings front matter, 25th February 1784.

Reference Number: t17840225-35

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And published by Authority.

NUMBER III. PART VI.

LONDON:

Printed for E. HODGS ON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.


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