The Proceedings of the Old Bailey

 

1736.   DANIEL  MOYLAN,  GEORGE THOMAS . and   ROBERT ELLIOTT . were indicted for burglariously breaking and entering the dwelling-house of   Ellen Clarke, about eleven o'clock, in the night of the 31st of March, at   St. Leonard, Shoreditch, with intent to steal, and stealing therein, 2 counterpanes, value 30s.; 2 sheets, value 5s.; 1 blanket, value 4s.; 1 bed gown, value 4s.; 3 gowns, value 9s.; 1 shift, value 5s.; 2 petticoats, value 5s.; 1 umbrella, value 2s. 6d.; 1 handkerchief, value 1s.; 1 table cloth, value 1s.; and 1 bonnet, value 5s.; her property: and 7 spoons, value 5s.; 1 pair of sugar tongs, value 1s.; 3 sheets, value 10s.; 1 blanket, value 10s.; 2 bonnets, value 25s.; 1 feather, value 15s.: 1 pair of bracelets, value 5s.; 2 gowns, value 15s.; 2 petticoats, value 4s.: 2 bed gowns, value 6s.; and 2 frocks, value 11s.; the goods of   Ann Brock.

MR. HORRY. conducted the Prosecution.

  ELLEN CLARKE . I am single, and live in Willow-street, Finsbury, in the parish of St. Leonard, Shoreditch. On Easter Sunday, the 31st of March, I went out at half-past four o'clock in the afternoon—I left the house safe and fast—I came home at a quarter to twelve o'clock—I observed my parlour shutters ajar before I opened the door, and when I came in I got a light—I found somebody had come in at the parlour shutters—I found a crow-bar lying by the sofa, and footmarks in the house—I thought they had got in through the window—next morning I found an attempt had been made to enter at the back door, as part of it was cut away outside, but it had not been unbolted—I think they must have got in at the parlour shutters, as there were footmarks there—I missed all the articles stated in the indictment—there was a Tuscan bonnet belonging to me trimmed with black velvet, and lined with satin, the others were a black velvet and a blue satin with a large black feather in it; some spoons, sugar tongs, sheets, and a variety of articles, belonging to Ann Brock, were also gone.

  SARAH ASHWELL . I live in Quaker-street, Spitalfields, with my father and mother, I know  Moylan's mother, she lived at No. 1, Crown-court, which is right at the corner of our house. On the night of Easter Sunday I was at home—I went to the door to let a friend out about ten minutes after eleven o'clock, and saw the prisoner  Moylan get out of a cab about three doors off, and run up the court—he was up there about ten minutes—he went towards his mother's house—when he came back he met the cab. opened the door, and somebody inside gave him a parcel out like sheeting or bed furniture—he took it up the court, came back, and took a second parcel, and then a third—as he was taking the third out a white Tuscan bonnet fell down out of the cab—the prisoner Thomas, as I suppose it to be was in the cab—he tried to stoop, but the cab seemed so full he could not stoop, and  Moylan said he would pick it up—I then went in, and went to bed, and heard the cab. off about a quarter of an hour afterwards—this was on the same side of the road as our house—our door is close to the court—I was not above a yard and half or two yards from the cab—I have known  Moylan between six and seven years—I supposed the other person to be Thomas by his voice, which I had heard two or three times before, and I had seen them go out together between two and three o'clock that afternoon—I have known Thomas nearly two years—I only saw him in the act of stooping in the cab.

Cross-examined by MR. PRENDERGAST. Q.  Moylan saw you distinctly, did he not? A. He must have seen me, because he was only the space of three doors off—I never spoke to him on any occasion—there was a light from the public-house, and a gas-light three doors off—the public-house shutters were halfway down—I do not know that  Moylan lived at his mother's regularly—I think I saw him a week before—he was dressed in a green frock-coat with a velvet collar when he went out in the afternoon—I did not notice his dress when he came home—he was not dressed more smart than usual—I could tell it was a Tuscan bonnet, because it fell down by the cab—it was too stiff to be a Leghorn—it fell near to me out of the cab.

Cross-examined by MR. PAYNE. Q. Did there appear more than one person in the cab. Yes, I thought there was more, and heard voices of more—I heard them say something, but I could not understand what it was—I am a waistcoat and jacket maker, and live with my parents.

  MARY  MOYLAN . I live at No. 1, Crown-court, Quaker-street. I am

a widow, and am mother of one of the prisoners. On Easter Sunday, the 31st of March, my son came in for a clean shirt, between two and three o'clock in the afternoon—there was no one with him—he did not lodge with me—he went out again, and I did not see any more of him till he came home at night, about half-past eleven o'clock—I saw him on the Monday morning, in company with Thomas and Elliott, and another one who I do not know, and Mrs. Sharp was there—they brought her with them—they looked over the property, it was wearing apparel, and then went away—I saw the prisoners again in the afternoon, and a Jew with them—they came back again in about half an hour, and the Jew took away part of the things—the three prisoners were present at that time—the remainder were left in ray place, and I gave them up to the policeman next day.

Cross-examined by MR. PRENDERGAST. Q. Can you undertake tosay your son was in the room with them? A. Yes, on Monday morning—the things were taken away, to the best of my recollection, about four or five o'clock on Tuesday—it was on Tuesday they were all there together.

Elliott. She says I came to her house on Monday morning. Witness. I am sure he did.

COURT. Q. At what time did you go to bed on Sunday night? A. Half-past eight o'clock—my son and Thomas came home at half past eleven o'clock—the door was locked—some things were put in through the window, and left there—my son and Thomas came into the house afterwards, and Thomas got a candle—I do not know where from, but not in my house—they looked over the things, and counted them, and two more came that night, which was Elliott and another—they were all there while the things were looked over—they then went away, and I got up and locked the door—there were sheets, blankets, counterpanes, and gowns, three bonnets, a Tuscan, a black velvet, and a blue satin—they all three came again on Monday morning with Mrs. Sharp—she does not live there.

Cross-examined by MR. PAYNE. Q. Were you asleep when your son came home? A. Yes, I was awoke out of my sleep, and did not pay any attention to what was going on—I am not mistaken at all in Thomas being there—I kept awake the whole night—they did not remain there above half an hour—I did not get up to look at the things that night—my son had gone out about three o'clock in the afternoon—I had no clock in the room, and cannot tell the time exactly—there was a light in the room.

MR. PRENDERGAST. Q. How did your son get in? A. At the window—I did not open the door—I saw the Tuscan bonnet—nothing passed between me and my son—I am sure it was my son—I heard him speak several times.

  JAMES MASON . (police-constable G. 30.) On the 31st of March I was on duty in Willow-street, between nine and ten o'clock, and saw the three prisoners, with another man, all standing together, about thirty yards from the prosecutrix's house—when they saw me, they began to laugh at each other, and kick their hats about—I told them to be off—they turned up Charles-street—Thomas answered me, "We are doing no harm"—they went in the direction of Cross-street—I received information of the robbery the same night, about ten minutes before twelve o'clock—I went into the house, and found the bed-clothing gone, the place in great confusion, and marks of feet dirt on the sofa—one of the bolts of the shutters partly wrenched off, and the shutters forced open—I had passed the premises in the course of the night, and examined them about ten

minutes before eleven o'clock, they were secure then—I examined them afterwards, and there appeared marks of a crow-bar having been used.

Cross-examined by MR. PRENDERGAST. Q. Are you sure  Moylan was among them? A. Yes—and am sure of Thomas Elliott.

  HENRY CHARLES BARKER (police-sergeant H 11.) I received information, and went to  Moylan's mother on Tuesday evening, about eight o'clock—I found some property in a cupboard, by her information—I afterwards went to Bennett-court, Spitalfields, and found the three prisoners in bed together, about half-past eight o'clock in the morning—on handcuffing them  Moylan asked me what it was for—I said, It is for that crack on Sunday night—he then put his hand into his breeches-pocket, pulled out a crown piece, and said, "Take this, and say nothing about it"—I took them to the station-house—I produce the articles found at Mrs.  Moylan's.

MRS. CLARK re-examined. These are part of my things.

  WILLIAM ROWLAND (police-constable H 120.) On the morning of the 2nd of April, I went, in company with Barker, to Mrs.  Moylan's, and saw the property produced in the cupboard—I then went to No. 1, Bennett-court, Spitalfields, and found the three prisoners in bed—I saw  Moylan hand something over to Barker, and tell him to say nothing about it—I saw Barker afterwards open his hand, and it was a crown piece—I took them to the station-house, and on Thomas I found 23s.

Elliott's Defence. On Sunday afternoon I went to bed at two o'clock; and did not get up till nine o'clock next morning, having my head so bad—I got up, and went out—I came borne about eight o'clock, and about half-past eight o'clock next morning the policeman came, and took me out of the house—I did not go to Mrs.  Moylan's house—I do not know where it is.

 MOYLAN— GUILTY . Aged 18.

THOMAS— GUILTY . Aged 19.

ELLIOTT— GUILTY . Aged 20.

Transported for Life.

Third Jury, before Mr. Common Sergeant.