237. JOHN RANDALL was indicted for breaking and entering the dwelling-house of William Murray , about the hour of nine in the night, of the 15th of January, and burglariously stealing, a piece of linen handkerchief, containing eleven handkerchiefs, value 10s. the property of the said William Murray.
I live at No. 1, Little Windmill-street, St. James's ; I keep a haberdashery and shoe warehouse : My house was broke open on the 15th of January; I was not at home at the time; I lost eleven handkerchiefs; I understand they were taken out of the window; I had seen them the very day before, in the window; I went out about ten or eleven o'clock.
I was passing by Mr. Murray's, a little after nine; I saw the prisoner and another loitering about; I got another person to assist me, and we watched them for a quarter of an hour, backwards and forwards; we observed the window cracked; we thought they were gone away, and we were going to tell the people about it, and saw them come again in a few minutes afterwards; they both went, in company together, to the window again; I saw a hand go through and take the handkerchief, but I cannot say which it was; they both stood together; (the handkerchiefs were produced in Court); I said to the witness, they have got the goods, now we will lay hold of them; this gentleman standing here took the prisoner, and took him into the shop, and unbuttoned his coat; the handkerchiefs were buttoned up in his coat; I took the other about eight yards from the window; the prisoner took to his heels and ran, and the other witness went after him.
Q. Are you sure the prisoner was the other man that you saw at the window? - A. I am positively sure. I heard the glass fly; I said to the witness, I believe it is broke.
Q. When the man put in his hand to take the handkerchief out of the window, did you hear any noise then? - A. Yes.
Q. There were no shutters up? - A. No; it was before they shut up the shop.
I saw the prisoner run by Mr. Murray's house; I was coming out of the house where I live; I stood at the door a bit; a person said, some chaps were going to rob Mr. Murray's shop; I watched them about twenty minutes; I saw them cross the way to Mr. Murray's shop windows several times, and they looked about to see if any body saw them; then they went away; and the other witness said, we had better go and acquaint Mr. Murray of it; then I saw Randall on the opposite side of the way; we turned back to a house near Mr. Murray's, and stood in the passage and watched them; Williams said, when we see them brake the glass we will go and take them directly; accordingly we heard them break the glass, and he took Williams, and I took Randall.
Q. Did you see if the window was broke when you were going to tell Mr. Murray? - A. We looked at it was cracked, but, I believe, no part out.
Q. How near did you take the prisoner? - A. About forty yards; I took him the corner of Crown-court.
Q. Was he out of your fight at all? - A. No.
I was beadle of the night; Williams and the last witness brought the prisoner to me; I took charge of him; Williams delivered the handkerchief to me; I have had them ever since.(They were produced in Court and deposed to by the prosecutor).
Prosecutor. I had only this piece of this pattern in the window, and it was gone, the glass was whole; it was put in two days before, it had been broke by persons of the same description.
Prisoner's defence. I was coming from Carnaby-market; I saw two young men; I asked what it was o'clock; there was a cry of stop-thief, and they laid hold of me; the man that is bailed out,
said, the man that gave him the property was run away, he knew nothing of me.GUILTY . Death . (Aged 21.)
Tried by the first Middlesex Jury, before Mr. Justice BULLER.