Thomas Jenkins, Burry Payne.
11th July 1770
Reference Numbert17700711-29
VerdictGuilty > theft under 40s

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456, 457. (L.) Thomas Jenkins and Burry Payne were indicted for stealing twenty-five pewter plates, two pewter dishes, six brass candlesticks, a brass pestil and mortar, five copper saucepans, two copper covers, two copper tea-kettles, a mahogany tea-chest, two silver teaspoons, three shirts, four aprons, a linen cloak, a pair of cotton stockings, five linen handkerchiefs, one linen table cloth, one linen napkin and two linen caps, the property of William Ledgy , in the dwelling-house of the said William . ++

William Ledgy . I am a japanner , and live in Whitecross-street . On the 2d of April I went out in the evening, and returned about nine; when I found the things in the indictment were stole out of the kitchen; the linen had been just washed and ironed.

Elizabeth Ledgy . I went out in the evening, and locked the doors; I had one key in my pocket, my husband another; I got home just before nine; both the doors were opened, and I found the house stript of the things mentioned in the indictment. A person told me he saw the things carried into the Pyed Bull. I got a search warrant, but I found nothing there; I was ill, and it was dropt for some time; about four weeks ago Thomas King came to me, and told me where some of my property was, at the White-Bear in Duck-Lane, Westminster; the people were moved, I went to the house where they were, and there I found my plates and a saucepan; Jenkins owned that they were my things which he, Burry Payne and Holland, stole out of my house; Jenkins was taken up I believe on the day after; he said he would not tell where the things were without he was admitted an evidence; he said there was a laced cap and green herbs inside the tea-chest; there was green sage; he said the tea chest had no key; I had the key in my pocket.

Q. Before he told you these particulars had you told him what things you had lost?

Ledgy. No; I asked him where my things were, and he would not tell me; he said, Thomas King , you know where the things are. Payne was taken on Friday, I think. I asked him if he knew any thing, he said he knew nothing of it. He said, If you will be easy, I'll let you know something worth your while I went again on Thursday: he said, Jenkins could tell me where my things were: accordingly I took Jenkins up on the Monday.

John Holland . I have known Jenkins and Burry Payne about five or six months. We were going down White-cross-street about eight o'clock, and we saw this room open. I pushed the sash; one of them said, Don't push the window up, the door is open; so we went in at the kitchen-door; I don't know whether the inside door was open or no. Burry Payne went away directly; he went no further than the door. Jenkins staid at the door, and brought the things out. Jenkins took them to the Pyed Bull, White-cross-street, into the yard; there he staid till I came to him; then we took them to Jenkins's lodgings; the landlady scolded him for bringing the things there. Jenkins lodged up an alley in White-cross-street. We sold the goods next morning to one Mr. Ball, who was brother to the woman that kept the Pyed Bull. We sold them for 45 s. Burry Payne came up after the things were bargained for; he said he ought to have his share, which we gave him: I think he had his full share, or very near. The man did not pay us all together. One of the candlesticks was broke in the foot, one claw was broke off. I was taken up after them.

Thomas King . I lodged at the Pyed Bull, White-cross-street. I saw Jenkins and Burry Payne and Holland bring some things in cloths backwards.

Q. What kind of things?

King. I saw a tea kettle and a saucepan.

Q. Did you see the woman at the Pyed Bull?

King. She was in her own room.

Q. Did she go into the yard?

King. No.

Q. Where was you?

King. I was going backwards.

Q. Did not you ask them what they had?

King. No.

Q. Can you tell what day it was?

King. I don't know the day.

Q. What, did you say nothing to them when you saw them bring these things?

King. I spoke to them at night; they left them in the back yard all night, and next morning sold them to Ball.

Q. Where did Jenkins lodge?

King. Jenkins lodged in Goat-yard, White-cross street.

Q. Where did Burry Payne lodge?

King. I don't know.

Q. What did they do after they had done?

King. I don't know; I did not stay long in the house. I took the tea-kettle for Ball down into Grub-street. When Jenkins was taken up, he told me, I knew where the things were sold.

Court to Holland. Is your account or his true?

Holland. What he has told your Lordship is only what he has heard. He says, the things were left all night, which is entirely false.

Court. I most suspect you in what relates to Payne.

Holland. It is quite true.

Joyce Barret . I live in White-cross-street: I was with my sister when she fastened her doors.

John Johnson . I rent a room of the prosecutor. I went out at eight o'clock; I shut the outer door, which goes with a spring lock.

- Philips. This day month I took up Jenkins; he asked, how I came to take him? I told him, I believed Burry Payne had said something about him. He said, Payne and Holland were concerned with him; and if I would go along with him, he would shew me where he had sold some of the handkerchiefs. I went with him to an inn, but he was not at home; I went to one Ball's; Jenkins said, King knew where they were; it was Ball's brother that had the things. I went with her to the alehouse, and bid her look for the things: she said, she was sure some of the candlesticks were hers. She mentioned one that was broke at the bottom: I examined it, and found it was so broke. We went to Mrs. Ball's brother's house at Westminster; there she saw a saucepan and a pestle and mortar, which she said, she could swear to. I shewed them to Jenkins when I came back; he said, They are the four odd candlesticks.

Q. to prosecutrix. You found your doors open when you came back; did you find any force had been used?

Prosecutrix. The kitchen lock had the nails drawn; Holland said, that Saturday after he was taken, as a cart was coming by the door, that Burry Payne burst the kitchen door open; my lock is very slight.

Q. What conversation had passed between you and Holland?

Prosecutrix. I went with a neighbour of mine that had been robbed. I asked him about my goods: I said, Which way did you get in? He said, If the man swears your outward door was fast, he will swear false, for the outer door was open; and as a cart went by, Burry Payne burst open the other door.

Q. to Holland. Did this conversation pass between you and this woman?

Holland. I told her, I could not tell whether the door was broke open.

Q. Did you say that Burry Payne forced the door open?

Holland. I did not mention Burry Payne's name to her. I told her, I could not tell whether they broke open the door or no; a cart was coming by, which might drown the noise if they did.

Q. She says, you told her Burry Payne forced the door open.

Holland. I did not tell her any such thing. I told her, that I was getting in at the window; that they called to me, and told me the door was open. I went to the door; but whether they forced the other door open or no, I am not sure.

Q. Did you tell her that Burry Payne forced the door open?

Holland. No; I did not.

Q. to prosecutrix. You hear what he says: did he tell you that Burry Payne forced the door open?

Prosecutrix. He did say so: I had a neighbour with me at the time, which I would have brought if I had thought he would have denied it now.

Jenkins's Defence.

I never saw the evidence but once in my life, till I saw him in Wood-street Compter. He said before the Alderman, that he was a-bed, and the things were brought to him: at another time, he said he was up.

To his character.

Richard Holland . I am a watch-maker. Jenkins has worked with me pretty near eight years. He worked with me the day before he was taken up, and left work at eight o'clock at night. I work for shops.

Burry Payne's Defence.

I know nothing at all of the affair: I had not my share of the money: I received nothing but drink.

For Burry Payne.

Mary Holland . I have known Burry Payne from a child; his master ran away when he was apprentice. He went to riding horses of a Friday now and then. He lived a good many years with Mr. Payne, a corn-chandler, in Wood-street.

Elizabeth Evans . I have known him about fourteen years: he went about with horses and coaches, and such things; I never heard any harm of him.

Both Guilty 39 s. T .

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