The Proceedings of the Old Bailey

 

593.   JOSEPH ELLISON was indicted for feloniously stealing on the 12th of September , twenty-five yards of linen cloth, value 4 l. the property of   John Poole ,   Robert Lilystock , and   Joseph Gibbs Barker ; and   RICHARD STEINBACK for feloniously receiving the said goods, he knowing them to be stolen .

The Case stated by Mr. Stork.

  JOSEPH GIBBS BARKER . Q. What are your partner's names. - A.   John Poole and   Robert Lilystock .

Q. Do you know the prisoners at the bar. - A. I know them both; Ellison lived with us four years, and Steinback about two years, as porter ; Steinback left us about a year and a half ago.

Q. Did you at any time discover a piece of Irish in a particular situation in your warehouse. - A. Yes, it was put behind the boxes in which the cloth is usually put; I let it remain there to see what would become of it; I saw it every evening, it was there about the time we first discovered the cloth; Ellison was taken ill and was confined up stairs about ten days; he resumed his calling last Monday week. On this day week in the afternoon I discovered the piece of cloth was gone.

Q. Were you present at any time when Ellison was accused of having taken this piece of Irish. - A. Yes.

Cross-examined by Mr. Alley. Did you tell him if he would discover who the receiver was, you would let him off. - A. No, he acknowledged having taken it, and that he had given it to Steinback.

Mr. Stork. What has been the character of Ellison during these four years. - A. A very industrious useful man.

Mr. Alley. You had an opportunity after this man was taken ill, to discover that this piece of Irish linen was in a very unusual situation, you choosed that it should remain there; you left it there expecting that it would be stolen. - A. Yes.

Court. In point of fact it was stolen; because if it was taken out of the box it was stolen.

Mr. Alley. Ellison did not confess at first what he had done, but the terror of a prison, and your kindness towards him, he told you. - A. I suppose it was his contrition, and seeing we had the goods, and we were in possession of some of the facts.

Q. You could prove that he was the person that stole it, but your object was not so much to punish him as the receiver. - A. There was no such remark by me nor

any body else.

  JOSEPH READER . Q. I believe you are the man who manages the business. - A. Yes.

Q Did you see this piece of goods as described by Mr. Barker. - A I did; the porter under Ellison discovered it by accident; I marked it. I believe it was taken from a box, No. 3. I found a piece deficient in the box.

Q. Is it usual for you to mark off the goods that are sold. - A. Yes; this was marked off. I had not marked it off.

Q. When did you first miss it from the place where it was concealed behind the box. - A. This day week I found it missing about nine in the morning; he was accused of it, at first he denied it; he was told if he told the truth it would be the better for him; he then said that he had taken it, and had given it to Steinback.

Court. Who told him he had better tell the truth. - A. I did for one

Q. In the hearing of your masters. - A. I did.

Q. Did they say any thing to the contrary. - A. No.

Court. Then I must not hear it.

Mr. Barker. These goods were in the house on Saturday morning. The prisoner had the charge of the house on that morning, from seven till nine o'clock.

FRANCIS NALDER. Q. Did you at any time go to the lodging of the prisoner Steinback. - A. I did, this day week, he lived in Ironmonger-lane, he came home about four o'clock in the afternoon. I and some officers, and Mr. Poole the partner went up after him; I secured him, and then I pulled out the warrant. I said I must search the place for a piece of goods; I searched, and in a dirty sheet was concealed this piece of linen. Mr. Poole looked at it, and said this was the piece of goods that he had lost.

Q. to Reader. Can you say whether that is the piece that you marked. - A.It is the piece that I marked, after it was found in the place.

Q. to Nalder. When did you see Steinback again. - A. On Monday, when he was brought before the lord mayor.

Q. What was said was taken down in writing. - A. I cannot say, Mr. Hobler warned the porter to be particular cautious in what he said in his confession, that there was no fair hopes of any favour, and as such he should speak unbiassed.

Q. Then this confession, whatever it was, was read over in the presence of Steinback. - A. It was.

MR.   CHARLES HUMPHRIES . Q. Was this taken down in writing by the officer. - A. It was not.

Court. All that I admit. A paper was read in the hearing of Steinback, not as proof of the facts, only they say that the answers apply to Steinback. (read): - The voluntary confession of   Joseph Ellison ; the informant saith, that he has been in the employ of Messrs. Pool and co. as a porter, living in their house about four years; that he has been acquainted with Richard Steinback, from the time that he lived in the same service, to the present time; that Richard Steinback left the service about a year and a half ago; that the said   Richard Steinback told him he wished he would get him a piece of Irish; that the informant did take a piece of Irish linen, marked 23, which he put behind the box, in the said warehouse. The informant met the said prisoner, and told him he had got a piece of Irish for him, and the prisoner Steinback told him he would call on the Saturday morning for it; and as the informant was sweeping out the warehouse he delivered to him the piece of linen he had so concealed. Taken before me, Samuel Birch. Signed Charles Wilson.

Q.Was that paper read over in the hearing of Steinback - A. Yes, and the answer that he gave was, that he received it from Ellison to take care of it for him.

  DANIEL CARTWRIGHT . Q.Did you accompany Mr. Nalder to the lodgings of Steinback. - A I did; nothing passed at that time; I took him to the compter; returned to Mr. Nalder at his lodgings; I saw Mr. Nalder find this piece of linen, it was covered over with a sheet.

Q. When did you next see him. - A. On Monday morning; he was then before Mr. Alderman Birch; I took him to Newgate from there. As we were coming along in the coach, in company with Leadbetter, Sherrin, Ellison, and Steinback, Steinback said to Ellison, what a fool you must be, to say any thing about it; Ellison replied, how much would you have given me out of it, or what could you have sold it for; he said he should have sold it for about three shillings a yard, and they had made a mistake at the Mansion-house, they had called it twenty-five yards, and it was twenty-six yards; Leadbetter said he should be very glad if he could get such a piece at three shillings a yard, he thought it a very good one.

Cross-examined by Mr. Alley. This conversation began by Steinback asking the other why did he say any thing about it - then you tell us Ellison replied, what would you have given to me if you had sold it. - A. Ellison said to Steinback, I suppose you would have given to me about two pounds; Steinback made a laugh and no answer.

Q. Do you wish the jury to believe that these men introduced this discourse before you and the other officers what bargain they would have made - A. That is what passed.

  DANIEL LEADBETTER . Q. Has this man given a correct account of what passed. - A Yes, all but the two pounds, that I do not recollect; I recollect Steinback saying at three shillings a-yard it would come to two pounds eighteen shillings.

Cross-examined by Mr. Alley. These men knew you were officers. - A Surely.

Q. And they said all that you have stated. - A. They did.

(The property produced and identified.)

Ellison's Defence. I signed my confession; I throw myself on the mercy of the court.

Court. There is no confession here.

Steinback left his defence to his counsel, called one witness, who gave him a good character.

ELLISON, GUILTY , aged 24.

Fined One Shilling and discharged.

STEINBACK, GUILTY , aged 32.

Transported for Fourteen Years .

London jury, before Mr. Common Serjeant.