HENRY NASH, Theft > burglary, 10th April 1793.

Reference Number: t17930410-53
Offence: Theft > burglary
Verdict: Not Guilty

337. HENRY NASH was indicted for burglariously breaking and entering the dwelling house of Francis Charles Phillips ; about the hour of seven in the night of the 24th of February , with an intent burglariously to steal his goods .

FRANCIS CHARLES PHILLIPS sworn.

I live at No. 1, John-street, Berkley-square . On Sunday the 24th of February, about seven o'clock in the evening; I heard the cry of stop thief in the street, and immediately I heard my own hall street door shutting, I was in the parlour; I immediately ran to a dressing room where I had been writing letters just before dinner; and a young woman and her brother knocked at the door, and said that a thief had made his escape out of my house; on going into the dressing room I observed that one of the windows had been opened, the sash thrown up; I had been writing some letters, and I left it shut when I went to dinner, perhaps half an hour before my bureau was open and my unfinished letters were on the table; I was a good deal alarmed for the fate of what was in the bureau, I ran immediately and found nothing had been taken out of the bureau; a pursuit had been made in consequence of this young woman and her brother seeing a man run out of the house, and this man that now stands at the bar was brought a prisoner to my house.

Mr. Knapp. Mr. Phillips what are you? - I am steward to the Prince of Wales .

Q. You had been about half an hour before in this room? - I had, then I went to dinner.

Q. I take it for granted your servants took care of your house? - Most undoubtedly.

Q. It was quite dark? - It was so late as seven o'clock in the evening.

Q. The prisoner was not searched at all? - No.

THOMAS DEIGHTON sworn.

I was in Queen-street, Cousin-street. On this 24th of February, I did not see any thing, some time after I heard the cry of stop thief, it was night about seven o'clock, I heard the cry of stop thief; this young man, John Hewitt said here he comes, we heard somebody coming, the prisoner

at the bar was running very fast, we both tried to stop him, and laid hold of his coat, but he slipped it; he ran down across into Cousin-street, we made several catches at him, but he slipt us, he escaped a little way, in that instant he turned round and blasted our bloody eyes, if he would not blow our brains out if we attempted to stop him, he got from us a little way in Chapel-street; at last we took him, when we stopped him he begged and prayed of us to let him go, that it was only for a bastard child; when he found we would not let him go he began fighting, and cut me down the face with some instrument, which I suppose was the knife, which I have got now in my pocket; this knife was found in the scrummage, it was found on the ground in the street near where the scrummage was, I don't know who picked it up; he got from there into Hertford-street, where we took him the second time, this man did who stands here.

Prisoner. Pray sir did you shew these cuts the first hearing? - Yes, I did.

THOMAS WHITE sworn.

I was passing by this house on the 24th of February, Sunday evening, in John-street, and I saw this window up, and as we came to the window my sister said she saw a man in the room, and I said if you knew any of the family you had better inform them; with that I went to the street door, and the person came out as close to me as could be, and pulled the door after him; as soon as ever he got past me he set running as fast as ever he could, I observed two men before him, and I called out stop thief, and pursued him into Queen-street, and when I got into Queen-street I was crossed by two men, and I sprained my ancle, and I saw him run down across the street on the left hand side.

Court to Deighton. Where did you first see him? - In Queen-street.

Mr. Knapp. The man ran from you as he came out of the house? - He did.

Q. And who that man was you don't know? - I do not.

ELIZABETH KIRTON sworn.

I am sister to Thomas White .

Q. Did you make any observation on Mr. Phillips's house? - I told my brother the window was open, and I discovered a man standing at a little distance from the window; the words that I made use of were, that there was a man standing there, and I thought it proper to knock at the door; my brother asked me if I knew any part of the family, I had no knowledge of any part of the family, my brother attempted to go up to the door, and the door opened at the time, a man came out and pulled the door after him by the knocker of the door; I cannot tell the person of the man, my fright was so great; the man ran down John-street into Charles-street, I did not pursue with my brother, my brother cried stop thief, and I expressed the same words, and returned to Mr. Phillips's door and knocked.

JOHN HEWITT sworn.

I was with Deighton; I was one that pursued when he got away; Deighton and I followed him into Hertford-street and took him, he attempted several times to run something into me after I took him, which I suppose was the knife, which was found in the scrummage.

JOHN DELAFONTAINE sworn.

I was coming by John-street, and Mr. Phillips was standing at the door with a number of other people, he told me he had a very narrow escape of having his house robbed.

Prisoner. I was coming from Chelsea on Sunday night. I could not come Hyde Park way, so I came by this place, there was a mob and I found they had somebody that they said was a thief; immediately they began striking one another, and I had one of the blows, and I struck them that struck me, and I ran off for fear of worse usage, and ran up Hertford-street.

The prisoner called two witnesses who gave him a good character.

Not GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.


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