Thomas Camel.
26th February 1746
Reference Numbert17460226-33
VerdictGuilty > with recommendation

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123. Thomas Camel , indicted for stealing out of the Dwelling-house of Patrick Byrne , two Guineas and Half in Gold, &c.

[To Patrick Byrne .] Give an Account of what you know the Prisoner at the Bar is charg'd with.

Patrick Byrne . Between Four and Five o'Clock on the 20th of February , the Prisoner robb'd me of 4 l. 14 s.

Q. How do you prove it?

Byrne. He did it by opening a Box.

Q. What Pieces were they?

Byrne. Two Guineas and a Half in Gold, and 40 s. in Silver.

Q. You say he took this Money out of your House, How do you prove he took it ?

Byrne. By leaving his Hat on the Pantiles , under the Window of the Chamber we lie in.

Court. Then that Hat gave you a Suspicion?

Byrne. Yes.

Q. Where did you take him up?

Byrne. At the Coach and Horses at Whitechapel-Bars .

Q. When you had taken him up, what pass'd then?

Byrne. When we had taken him, he own'd that he had 4 l. 14 s. that Half a Crown he had spent. ( The Money was produced in Court, in a Box that he had taken it away in.)

Q. Then that Money he own'd?

Byrne. Yes, Sir.

Q. (to the Prisoner.) Would you ask the Prosecutor any Question? They say they found the Money upon you, and you own'd you had taken it out of the Prosecutor's House.

Prisoner. I did not own that I took the Money away.

Q. (to William Bennet .) What do you say?

Bennet. Please you, my Lord, I was call'd up by Mr. Byrne between Four and Five o'Clock; I went to assist him. He search'd the House, suspecting there might be more than this one that run away. Being dark, and raining very hard, he did not see who it was . In searching about the House, there lay Linnen out of the Box, in one Place and another , and a large Silver Spoon, &c. With that my Man and another Man went to search the House.

Q. How came you to suspect the Prisoner at the Bar?

Bennet. In looking out at the Window we saw his Hat, taking it up with a Pair of Tongs, it was half full of Water. Mrs. Byrne said, Here is the Thief's Hat. Mr. Byrne said, it was Tom's Hat; for he had chang'd, on Shrove-Tuesday , with a young Man at his House, who was then gone to Sea. Mr. Byrne said to me, Mr. Bennet , Will you go and drink a Draught of Purl at the Coach and Horses? When we went there the Prisoner was sitting without his Hat , and his Wig as wet as Dung. Then we charg'd him with the Money, and told him, it would be better for him to deliver the Money up again; which he did, throwing the Money down again, only the Half-Crown he had spent .

Q. (to Mr. Byrne.) How do you apprehend the Prisoner got into your House ?

Byrne. Out of our Skittle-Ground he got in at the Window .

John Lobb . Please you, my Lord, this Mr. Bennet call'd at my Window and said, I beg you would come down, Mr. Byrne's House is stripp'd. When I came in they shew'd me up into the Chamber, where the Cloaths lay about the Room. I and another surrounded the House for fear the Thief should get away, and not be catch'd. By the Hat we had a Suspicion of the Prisoner; otherwise none would have had a Suspicion of him, he behaving so well. I went to the Headborough, and he refus'd coming. We surrounded the House, and I said, We had better go to Justice Quarril. I went with Mr. Byrne to drink a Pint of Purl at the Coach and Horses; there the Prisoner at the Bar was without his Hat. Mr. Bennet said, We have got the Prisoner. We told him if he would deliver the Money up, we would be favourable to him. He said he had spent Half a Crown of it, and he laid down what remain'd.

Q. (to Mary Byrne .) Can you say any Thing more than your Husband has said?

Mary Byrne . About Four o'Clock I heard a Noise in the Room; my Husband said he believ'd it was Rats; then we thought it might be our Dog: Says my Husband, The Rats may be nibbling at your Boxes; upon that I struck a Light, and while I was blowing the Tinder to light a Match, somebody run out of the Room; I scream'd out, and my Surprize was so great that I could not light the Candle: But we soon got up, and found the Door open, which I suppose he open'd to run out. When I came to search I found all my Linnen safe , but the Money that was in that Box. There were several particular Pieces: Two or three Pair of Mourning Buckles in that Box he took away; this Lid I found in the Chimney-Corner. To the best of my Remembrance, there were 18 s. in another Band-Box. In his Hurry, in taking these 17 or 18 s. he took up the Necklace with it. (The Necklace and Money were produced in Court.) He is a young Man I should have suspected the least of any body; he was a young Man that behav'd very well. The Ruin of this young Man was his keeping Company with a Whore. He said lately , Mrs. Byrne, I wish I had known your House some Months sooner.

Q. (to the Prisoner.) You have heard what was said against you.

Prisoner. I deny that I said I had the Money; but I said, if I have any Money you shall have it.

Q. They say you deliver'd back the Money, and said this was all you had taken , except the Half-Crown

you had spent. At the same Time that you deliver'd up the Money they found that Necklace upon you, that Mrs. Byrne swears to be hers, and to be lost out of her room that Night.

Q. Have you any Witnesses to call?

The Prisoner had very little to say to the Purpose in his Defence.

Guilty. Death .

The Prosecutors earnestly recommended him to Mercy on Account of his former good Behaviour, and verily believing it to be the first Fact. Also the Jury recommended him to his Majesty's Mercy.

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