Offences: Theft > stealing from master; Theft > receiving
Verdicts: Guilty > with recommendation; Guilty > with recommendation
Punishments: Imprisonment
1278. STEPHEN LEWER was indicted for stealing, on the 2nd of April , 410 agate drops, value 10l., and 308 pieces of agate, value 12l. the goods of John Cath , his master ; and JOHN LEWER was indicted for feloniously receiving the same, well knowing them to have been stolen .
MR. LEE conducted the prosecution.
JOHN CATH . I am a warehouseman , and live in St. Mary-axe . In April I had some rough agates consigned to me from France - Stephen Lewer , was in my employ as porter ; I received information, and went, between the 2nd and 9th of April, to Mr. Couch, at Clerkenwell, in consequence of which I had the prisoners taken - they both went before the Lord Mayor, and I believe what they said was taken down.
GEORGE ALVARES . I was in the prosecutor's employ. He had a box of rough agates in his warehouse, but I did not see them when they were brought there; I had occasion, in March, to look into that box - the contents were not the same as they had been before; Stephen Lewer was then in my master's employ - I told him he had been at these agates, and asked him to tell me what he had done with them; he said he knew nothing about them.
GEORGE COUCH . I am a lapidary, and live on Clerkenwell-green. John Lewer came to my shop, I think it was sometime in May, about three weeks before he was committed; he offered me two pieces of white agate, and said he had been recommended to me by a person in Houndsditch, named Horne, with whom I had done some business; John Lewer said there was a quantity more of these agates, and what he brought was a mere sample - I said it was an article I was rather in want of, as there were none in the market at that time - he said he would let me see the bulk, and there was a box of them which belonged to another person; I bought the two first, and he called again, I think three times - I bought of him to the amount of 3l. or 4l., as far as my memory will serve me.
DANIEL FORRESTER. I am an officer. I apprehended Stephen Lewer - he denied all knowledge of the fact; I took John Lewer afterwards, and produced to him a sample of the same description of property, and asked him if he knew a person named Carter; he said, "What! has he been saying all about it?" or words to that effect - he then told me he had taken some of these stones, and that Mr. Couch was in want of some of the white ones but not the yellow; he said he had not any of the black ones, but the white drops and stones he had disposed of to Mr. Couch, and he had them from his brother Stephen - he gave another account of them at the Mansion-house, but that was taken down, I suppose; he then said the person said it was no object to him how he became possessed of them, but he gave him 4s. or 5s. for selling them - that he told Mr. Couch he had them from on board a ship; that he had received about 7l. for them, and had sold none at any other place.
MR FRANCIS HOBLER. I am clerk to the Lord Mayor. I recollect the two prisoners being brought before the Lord Mayor on this charge on the 6th of April - they were examined, and the substance of what they said was taken down - (reads).
John said, "I sold to the amount of 6l. or 7l. to him, and none to any one else," alluding to Couch, who had just spoken; he then told where he worked - and that he had been ill; Stephen said, "I took them at different times;" Mr. Cath said, "I cannot swear to any of them."
I have no remembrance of the case; on the first examination Stephen only was in custody - that was on the 2nd of April; there was no statement then made; Mr. Cath said he wanted time, and the parties were remanded till the Friday following, and then that passed which I have read -Mr. Cath made a charge of having lost some agates out of his warehouse; I cannot undertake to state that I took down all that passed - it was not read over to the prisoners.
COURT. Q. May you have omitted something that the prisoners said? A. I cannot say that I wrote down every word but the substance; I might have omitted some things, but these words were used.
MR. CATH. I was before the Lord Mayor when these men were charged with the felony; I recollect the Lord Mayor asked Stephen where he got the agates which he gave to his brother - he said he had stolen them at different times from my warehouse, (or most likely he said took them,) and given them to his brother; the question was asked of John where he got the agates from, and he replied from his brother Stephen, and he was to have a few shillings commission for selling them - John knew that Stephen was in my employ; I believe John is a wine-porter - he was not likely to be in possession of articles of this description on his own account.
John Lewer . I did not know that my brother was at work for you. Witness. I cannot tell that he was aware of it, but I think it most likely - he had lived a year and a half with me.
DANIEL FORRESTER . John Lewer was set at liberty, and he attended again of his own accord.
JURY to MR. COUCH. Q. What sort of articles, and how many of each did you purchase? A. I think twelve pieces of rough agate, about thirty pairs of drops, and twenty or thirty oval cut ones; I retail the largest of them at 1s. a pair - I retail them generally at about 9d., and I gave 6d. - the amount of all I bought was 3l. 1s. 7d.
S. LEWER - GUILTY . Aged 19.
J. LEWER - GUILTY . Aged 22.
Recommended to Mercy. - Confined Three Months .