Offence: Theft > theft from a specified place
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Jacob Delamare . My elder and younger brothers are in partnership with me; we deal in merchandizing silk, &c . The prisoner came to my house the 3d of Sept. last, about two in the afternoon, he had got my journeyman Rottenbury along with him; in the mean time my foreman came in, I was not very well, I let him into the warehouse; I mistrusted the man when he pass'd by me; he turn'd his face the other way; I bid my man take care; they pass'd me again, then he did not turn his face towards me; my man Freemont had the goods under his arm; I had given him a bit of paper of the price of the goods, but desir'd him not to part with that to the prisoner: I call'd him back again, and bid him take care, or this man would trick him I fear'd; said he, sir, depend upon it the goods are safe. They went
Q. Were these goods sold to the prisoner?
Delamare. No, my lord, I did not apprehend any such thing; what I wrote was not a bill of parcel.
Peter Freemont . I am foreman to Mr. Delamare; on the 3d of Sept. last the prisoner came to our shop along with Mr. Rottenbury, who is my master's journeyman; this man brought a letter to Rottenbury, to help him to a man where he could buy such goods, so he brought him to my master's, so they both together chose the goods, which were green, and pink-colour'd; I said, the price of the pink was 12 s. and 6 d. an ell; the green 12 s. the prisoner told me if I'd carry them to the 3 Cups in Bread-street, there was a gentlewoman there, would give me the money for them, or I should carry them back again; then I acquainted Mr. Delamare with what pass'd between us, and I desir'd he'd cast it up for me; I told him the length of the pieces; my master cast it up, and gave me the paper in my hand; he wrote, so many ells came to 45 l. 8 s. my master bid me take care of myself, for he did not half like the man. Then I went to the back warehouse again, and put the two pieces into a bag, and carried them to the 3 Cups with the prisoner. When we came there, he said the gentlewoman was not come from dinner, and desir'd me to wait a little time; we went into the Tap-house, I laid my two pieces down upon the table, and sat dow n near it, he sat down on the other side of the table, and call'd for a glass of wine. Then I had not sold the goods to him, and he had told me going along, he had nothing to do with the goods, the gentlewoman was to pay me for them, if she lik'd them. As I was waiting for this lady, he took them up hastily, and went away so quick, that I had not time to run after him. I ran without my hat to the corner of the street, but could not see him.
Q. Did he say any thing when he took up the goods?
Freemont. I think he said, I'll go and shew them to the lady. He did not ask me leave.
Q. What did you say when he took them up?
Freemont. I said, I would not have my goods tumbled.
Q. Did you mean he should carry the goods to the lady, and you to walk by?
Freemont. Yes, if he did not go so fast; he was so quick upon me I had not time to speak.
Q. How long was you in that room together?
Freemont. About a quarter of an hour; he sat and read the news.
This evidence allowing, he was willing the prisoner should carry the goods had he not went so fast away; it did not appear to be such a taking and carrying away as lodg'd in the indictment, so he was acquitted, and an indictment order'd to be prefer'd against him for a fraud.
James Truby . I live in Kingsland Road, I keep men to make handkerchiefs. On the 13th of August last, about five in the afternoon, my wife rang the bell, I came down, the prisoner said, your servant, sir; said he, I was here some time ago to buy a few handkerchiefs, but I had no money then; but now if you and I can bargain, I'll lay out 10 or 15 l. with you; then I reached out some goods in order to shew him; he said, let me see some of your best, I shewed him as good as any I had; he asked me the price, I said, sir, you know silk is risen, and they cannot be bought at the former price, said I; I must have 46 shillings per dozen, for these goods: said he, I cannot say but they are very good; Can't you bate something? I said no; he said, take two pieces out, a dozen of a piece? then he took half a dozen of another parcel; then ten handkerchiefs from another parcel; which were all the goods, 3 dozen and 4 handkerchiefs. Said he, I wish you would be quick, for my horse and wife are at the King's Arms, and make a little bit of a memorandum of them, for my wife is a better judge than I am, and I hope what she don't like you will take back again. I tied them up in a handkerchief; said I, if you will excuse me 5 or 6 minutes I'll bring them myself; he turn'd about and look'd at the clock, and said, my wife and I should have been at another place; I wish you'd let your wife go. Said I, I had rather go myself; he said again, let your wife go; my wife took them under her arm, and the prisoner went along with her to Mr. Wood's at the King's Arms; I went no further than the door.
Prisoner. The goods were lying upon the dresser, and I asked to take them to shew to my wife.
D. Truby. He never spake a word to me all the time he was in that room.
Prisoner's Defence. I hope the circumstances I have to relate will prove to your satisfaction. I came to the plaintiff's house on the virtue of his oath, whether I did not agree for the price.
Prosecutor. He did not.
Prisoner. Here is the bill I have to produce of what they came to.
Prosecutor. This was only a memorandum, no name to it nor any date, only 7 l. 1 s. 8 d.
Prisoner. Did my prosecutor ever ask me my name?
Prosecutor. I never asked him.
I am a butcher by trade, and kept shop in Clare Market, but have lately dealt in the Manchester way by commission, and having occasion for some goods I applied to him for some. I can make it appear it is a malicious prosecution, by the virtue of which I can make my innocency appear.
Guilty Death .