William Currell.
5th April 1758
Reference Numbert17580405-34
VerdictNot Guilty

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190 (L.) William Currell was indicted for stealing, one 36 s. piece, one moidore, one guinea, one 18 s. piece, and 4 s. in money numbered, the money of Francis Cheshire , privately from his person , March 5 . ||

Francis Cheshire . I had left one moidore, one thirty-six shilling piece, one guinea, and one eighteen-shilling piece at the Three Tuns in Dark-house-lane . I went to receive it on Sunday, March the 5th, of Mr. Kempson, who keeps the house, in whole custody I left it, he delivered it to me. After dinner I went into a little parlour to sleep, as soon as I had my nap out, I missed my money out of my breeches pocket. I ask'd the people of the house who had been with me, saying I had lost my money; they said, then it must be the prisoner that had it, for nobody had been in that room with me but him; then I accused him with taking it, he would not own it; then I gave Mr. Pyke, the constable, charge of him: after some time, Mr. Pyke told me the prisoner had confess'd he took it, and had shewn him where it was and he had got it, and has it now in his custody to produce.

Q. Do you know any thing of the prisoner's coming into that room to you?

Cheshire. I know nothing of that any farther, than the landlord's son told me so.

John Pyke . I was constable of the night. The 5th of March, Francis Cheshire , the prosecutor, brought the prisoner at the bar to me to the watch-house, and gave me charge of him. I talk'd to the prisoner about half an hour, at last he confessed to me he took the money out of the prosecutor's pocket, and said, if I would go with him, he'd give me the money; which was a thirty-six shilling piece, one twenty-seven shilling piece, one guinea, an eighteen shilling piece, and four shillings in silver.

Q. Did he tell you what the prosecutor was doing at the time he took it out of his pocket?

Pyke. No, he did not.

Q. Did he say the prosecutor was asleep at the time or awake?

Pyke. He did not say either; I went along with him and took two watchmen with me, there he shewed me where he had hid it in Dice's Key gateway, in a hole in the wall, done up in two rags; there I found a thirty-six shilling piece, a twenty-seven shilling piece, a guinea, an eighteen shilling piece, and four shillings in silver, then I sent him to the counter; and after that, I took him before Mr. Alderman Bethel, and he committed him to the counter again.

Q. What did he say for himself?

Pyke. He said it was the first time that he ever did such a thing.

Prisoner's defence.

In the first place, on that Sunday morning, my prosecutor was drinking, he gave me a draught of beer, and I was a little fuddled, and I laid me down to sleep in the same room. I happened to be awake before him, and by the glimpse of the candle, I saw some money lying on the ground. I took it up; as to picking his pocket, I never

meddled with it; after that I went into the room, and found a penny on the floor.

Q. to prosecutor. Who was in the room with you when you went to sleep?

Prosecutor. There was nobody but myself in the room while I was awake, neither was any body admitted there with the landlord's knowledge.

Q. Do you know that the prisoner found any money on the floor?

Prosecutor. I know nothing of that; I had five pennyworth of halfpence when I went to sleep, and when I awak'd I had but four pennyworth, and I found the prisoner had been at another alehouse, and had had a pennyworth of purl and paid for it; and a little before he had no money, and was forced to borrow a half-penny.

Q. to Pyke. Did the prisoner say where he had the money?

Pyke. The prisoner told me he took the money out of the prosecutor's pocket.

Acquitted .

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