Offence: Theft > grand larceny
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411. JAMES GARDNER was indicted for feloniously stealing on the 22d of January last, five wooden casks value 3 s. 700 pounds weight of butter, value 15 l. the property of William Shakespeare and Francis Kaysall .
The witnesses examined apart at the request of the prisoners.
On the 22d of January, I think it was, a warehouse belonging to me and my partner in Vine-street, Bloomsbury , was broken open, and five casks of butter stolen out; it was in the evening after dark, the warehouse was made fast at dark, it was locked and padlocked and a staple on the outside, two days after I went to the Rotation office in Litchfield-street, and there were two casks that were proved to be my property.
The prisoner rolled two tubs of butter into my yard the 26th of January, about three months ago I think it was.
Do you keep a public house? - No, a chandler's shop.
How could he roll them into your yard? - The door was open and the lodger in the house came in with him, he rolled them through the passage into the yard, I told my daughter to go and see what it was, and in the morning I went to see what it was and it was butter, I then went down to the office, and they told me to take care of it till they sent to me, which I did; when the prisoner came he was stopped.
I know no more only the stopping the prisoner when he was going to take away the butter out of the yard, he had it upon his knee taking it out, that was between six and seven on the Friday evening, I do not recollect the day of the month, I told him he must not take away, and he asked if I would let William Leach have it, I said I did not know but I might, I stopped him, he is a Lamplighter.
About a quarter after ten he brought the butter in, I heard a noise and I asked what it was, I live with Mr. Milford in High-street; after he was gone I went to see what it was, and it was two tubs of butter, the casks were taken to the Rotation-office by Grubb.
Court. Have you any body here to prove that the casks are the same.
Ford. I marked them with a knife in such a manner that I could know them again.
(The casks deposed to.)
They only swear to me for the sake of the money, nothing else, it is all false that they swear.
The prisoner called four witnesses who all gave him a good character.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.