The Proceedings of the Old Bailey

 

474. (M.)   George Kelly was indicted, for that he, on the 8th of October , about the hour of 10 in the night, the dwelling-house of   Robert Sinclair did break and enter, and stealing one silver watch, value 4 l. one silver seal, value 6 d. six linnen shirts, value 36 s. three half guineas, four quarter guineas, and 26 s. in money numbered, the property of the said Robert, in his dwelling-house . *

  Robert Sinclair . On the 8th of October I had been out, and going home as the watch was going eleven, having nobody in the house but myself, I went to bed, and the next morning, going to look for a shirt, found the money and things mentioned were gone; I found a pane of glass out and the casement open, I suspected the prisoner and took him before the Justice, he began to beg my pardon; the Justice asked him what he had done with the money; he said he bought a blue surtoute coat that morning with part of it: I found my shirts in his lodgings afterwards.

Q. Where were the things when you went out?

Sinclair. My money was in a little till in a chest in my bed-chamber, and my watch hanging up by my bed-side, and my shirts were lying dirty in a basket.

  Richard Brown . I am headborough, I took the watch out of the inside of the prisoner's breeches before the Justice, he delivered up to me two quarter guineas which he had left with his landlady; I examined him in a public-house, he said he would give a bond to make the deficiency of what was lost, and he would work it out; Mr. Sinclair declared he would not be concerned with him upon any score. (He produced the shirts and watch deposed to by the prosecutor.

  John George . The prisoner lodged at my house, on Saturday night he brought half a dozen shirts to wash.

Q. How near do you live to the prosecutor?

George. Not above 40 poles; on the Sunday they came with a search-warrant, the shirts appear'd to be Mr. Sinclair's property, with the initial letters of his name upon them.

Prisoner's Defence.

I was coming home at half an hour after 8 from Shoreditch turnpike, there was a man

standing with a bundle in his hand, I asked him what he was standing looking about for, he said I want to speak with you, I am in distress and have something to sell, and if you'll buy them I'll sell them cheap: I said I wanted no such thing; I said, if I had them I would go to a public-house; he would not, then I said you have not come honestly by them: He asked a guinea and half for the six shirts, I gave him 24 s. that was 4 s. a-piece; after that he asked me if I would buy a watch; I said I never wear any; he said he bought it since he came from sea, and had no money left; he asked me two guineas and a half, I offer'd him two guineas and went away, he follow'd me and gave it me, and I gave him two guineas; I immediately went in at the White-hart, then it was 5 minutes after 10, then I went home to my own lodging, I was so drunk I was hardly capable of walking.

Guilty . Death .