The Proceedings of the Old Bailey

 

146.   JOHN CUTMORE , stealing 8 feet of metal tube, value 10s., the goods off   John Abel Ram, clerk, being fixed to a building.

MR. HORRY conducted Prosecution.

  GEORGE CRADDOCK . I am sexton of St. John Church, Stratford, in the parish of West Ham—Robert George Augustus Hilliary and Richard Symons are the churchwardens—there is a copper lightning conductor to the church—I missed about five feet on it on 2nd Dec.—I had seen it safe a fortnight before—the Rev. John Abel Ram is the minister of West Ham, and Mr. Wilton, Mr. Dames, and Mr. Vause, are the church wardens.

  JOSEPH BENTON (policeman, K 381). On Monday, 3rd Dec., in consequence of information, I went to Joseph Shea, a marine store dealer at Stratford, about a quarter of a mile from St. John's Church—from what Shea told me, I took the prisoner near Stratford Railway station, and told him the charge—he, said, "I did, not take it; a boy named Johnson gave it to me, and I sold it at Mr. Shea's"—he told me where to find Johnson, and I saw him afterwards, but have, not seen him lately—I believe he has absconded on another robbery—I tried to subpoena him, but his father said that he had turned him out of doors.

Prisoner, I told you directly you took me that Johnson gave it to me to sell for him, and that, I received the money and gave it to him. Witness. I will not swear you did not say that you gave the money to Johnson, but I am most sure you did not—you stated it to the Magistrate.

  JOSEPH SHEA . I am a, marine store dealer at Stratford I know the prisoner—on, 30th Nov. he offered me this copper tubing (produced) for sale—I asked him where he got it—he said, "I found it among some old rubbish"—I am positive of that.

Prisoner. I told the Magistrate that it was found among some old rubbish, I did not find it myself. Witness. I understood him to say it was found among some rubbish.

COURT. Q. Do you not see the distinction; did he say "It was found, among some rubbish"? A. I believe he did—my impression is, that he said "I found it"—I should not like to swear positively "that he did not say", It was found."

  GEORGE CRADDOCK re-examined. Tills is the tube—it is all here within a small trifle.

(The prisoner's statement before the Magistrate was here read as follows: "I had the copper given to me to take to the shop; the lad that give it to me said he got it from some old rubbish; I received 10d., and directly 1 received the money I gave it over; he then went away and left me, and I did not see him till next day.")

COURT to JOSEPH SHEA. Q. What was given for the tube? A. 1s. 4 1/2 d.—it was worth about 1s. 7d.—I gave a fair price for it—I am sure it was more than 10d.—I gave him two sixpences, a 4d. bit, and a halfpenny—he put his hand to his pocket as he went out as if he was putting it in his pocket.

Prisoner's Defence. I am innocent of stealing it; all the money L received was 10d.; it was 1 1/4 lbs.; he weighed it himself.

NOT GUILTY .