Offence: Theft > housebreaking
Verdict: Guilty; Guilty; Not Guilty
Punishment: Death; Death
PATRICK DUNN. I rent the house, No. 40, Laystall-street, in the parish of St. Andrew, Holborn . I know Ballard and Cain; Cain's father lived at my house at the time of the robbery, and for some time before. On the 1st of September, at half-past six o'clock in the morning, I saw Ballard coming from my house (I was going towards the house) he stood, and looked up and down the street; then turned his head, and he spoke to somebody through the key-hole of my door - he looked up and down the street; then turned and spoke again - he did the same thing a third time; then Cain immediately came out, and they went away together - they turned into the next street, and I saw Cain give Ballard something but could not see what it was. I then turned into my house, found my street door open, and my shop door broken open. I went to my chest in the shop, where my property was kept; I found it wrenched open, and part of the lid off - I missed ten sovereigns, a silver watch, and 8l. in silver, from the chest. I had seen them all there on the 26th of August: I had the key of the chest - I saw the chest safe at five o'clock that morning, but did not open it. I directly went in pursuit, but did not overtake them. I took Ballard between one and two that day; I took Cain in Smithfield-market, on the 2d of September. I found my watch in pawn at King's, in Holborn; it was in the chest with the gold - I have found nothing else. I know nothing of Wilson. The officer fitted to the place an instrument belonging to Cain's father, and it corresponded with the marks; I fastened the street door when I went out that morning.
Cross-examined by McDOWELL. Q. What time did you return to your house after you lost sight of the prisoners? A. I returned to my house directly.
COURT. Q. At what time did you go to bed the night before? A. Between ten and eleven - I locked the door, and believe I was the last person up.
MICHAEL LYNCH . I am a labourer, and lodge at Dunn's. Between six and seven o'clock on this morning, I saw Ballard standing at the door; Cain came out - they joined together and walked together; they walked close, and Cain was showing something to him, but I could not see what it was; Dunn told me his box had been broken open. Before Cain came out, I saw Ballard peeping in at the door - I saw Cain go into a wine-vaults in Holborn, and saw Ballard counting some halfpence there, but I had no idea of their having this sort of property. I was looking to see if they had any wearing apparel - I afterwards saw Dunn and told him; we went to the wine vaults for them, but they were gone.
MARY DUNN . I am the wife of Patrick Dunn. On this morning, at six o'clock, I was going to market, and saw Cain standing inside the passage, against the shop door, looking at it. I stepped back for about ten minutes, and then sent my little boy to see if he was gone - he was then outside; I stopped about ten minutes longer, and then went out - Cain was then gone; when I got to the top of the street, I turned and saw Cain go into the house - Ballard was standing opposite. When I returned home, I found this chopper, which has been part of a sword, laying by the side of my husband's chest; I had seen Cain frequently chopping wood with it - I shut the door when I went out: my husband had gone out at half-past five o'clock. Cain returned and went into the passage when he saw me gone.
Prisoner CAIN. When our street-door is shut, we cannot get in without somebody coming down to open it. Witness. Yes; there is a lock which ties back in the daytime - I had left the door on the latch.
ANDREW LLOYD . I am a constable. I took Ballard on the 1st of September - I charged him with this business; he made no reply whatever - I only found a penny on him - I found this chopper, and a piece of brick by the side of the chest in Dunn's room; the marks on the chest, and on the shop-door exactly fit the chopper.
CHARLES VINCENT . I am an officer. On Sunday, the 2d of September, Dunn gave Cain in my charge; he said he knew nothing about it - I found on him two duplicates, one for a waistcoat, and one for a handkerchief.
PATRICK DUNN. This is my watch.
BALLARD'S Defence. I was never inside the house.
CAIN'S Defence. Ballard came every morning to call me, but was never inside the house.
BALLARD - GUILTY - DEATH . Aged 18.
CAIN - GUILTY - DEATH . Aged 16.
WILSON - NOT GUILTY .