Richard Smith.
13th April 1763
Reference Numbert17630413-23
VerdictsGuilty > theft under 1s; Guilty > lesser offence

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173. (M.) Richard Smith was indicted for that he, on the 13th of March , about the hour of 2 in the night, the dwelling-house of John Millard did burglariously break and enter, and stealing three silver table-spoons, value 13 s. six silver tea-spoons, val. 6 s. one pair of silver tea-tongs, and 960 copper halfpence, the property of the said John, in his dwelling house . *

John Millard . I live at Uxbridge . On the 13th of March, in the night, my house was broke open at the kitchen-window, and three locks forced in the bar, and the things mentioned in the indictment taken away. The prisoner was taken sometime after, and in his bundle was found one of my tea-spoons, which I had then lost. (produced and depos'd to by the mark.) He was at my house the over night.

William Pain . I am servant to the prosecutor. The prisoner came into the house on the 21st of March, and asked for a lodging; he had four pints of ale, and took an opportunity to slip away without paying his reckoning, and at night the window was broke open, and the things mentioned taken away.

The prisoner behaved at the bar as an idiot.

The clerk of the papers was asked, how he had behaved as to the slate of his mind since in Newgate? who answered, he had not had opportunity to observe that, he having been there but five days.

Q. to Pain. How did he behave as to his mind when you had him in custody?

Pain. He said but a few words to me, but talked very well before Justice Fielding.

Prosecutor to the same question. He behaved very sensible when at my house.

Edward Gen . I am constable. I carried him before Justice Clitherow, he talked very well then, and talked very sensible all the way we went to Newgate. I drank part of a pint of purl with him, and asked him several questions.

The prisoner was asked several questions, and told the consequence of this his behaviour; he made no answer, but kept looking on the ceiling and about him.

Guilty. 10 d.

(M.) He was a second time indicted for that he, on the 21st of March , about the hour of 2 in the night, the dwelling-house of Ambrose

Tawney did break and enter, and stealing one pair of leather shoes, value 1 s. the property of Mary Lynch ; spinster , and one pair of cotton stockings, value 1 s. the property of James Prague . *

Ambrose Tawney deposed, he lived at Ealing ; that his house was broke open on the 21st of March, about 2 in the night.

Mary Lynch , his servant, deposed, she had paid Peter Whitmore 3 s. 6 d. for a pair of new shoes, which he had brought her home over night, which were missing next morning after the house was broke open.

Edward Gen , the constable, deposed, he took from him a pistol, a pair of shoes, and a pair of white cotton stockings. (Produced in court.) I saw this horse-pistol stand out of his pocket, and I thought he had no good design, so I took him up.

Peter Whitmore deposed, he made the shoes for Mrs. Lynch, and they were delivered to her over night.

M. Kynch deposed, the stockings were in her master's house over night.

Joseph Lawrence . I held his arm while the constable took these things out of the prisoner's pocket.

Q. How did he behave as to his understanding.

Lawrence. He behaved very sensible, and talked very well.

Guilty of stealing the shoes . T .

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