The Proceedings of the Old Bailey

 

618. (M.)   Thomas Bargess was indicted for stealing, 1 quart silver mug; value 7 l. the property of   John Hants , July 11th ++

  John Hunts . I am a publican , and keep  the Crown, in Morton-street, Golden-square ; the prisoner has been in our neighbourhood about five months, he was admitted a member of a club that meets at our house once a month, he was at the club on Thursday, the 11th of July, the company were all gone but the prisoner and two others, by eleven o'clock; they went away between twelve and one; when I went to clear away the things, I missed my tankard, I suspected the prisoner; I got a search warrant; as the prisoner is a young man in business, I took Mr.   Osborn the constable and went privately to the prisoner; I went to his shop and told him I wanted to speak to him, he took me down in his kitchen, I told him I had lost a silver tankard, and suspected him; he started and said, what do you mean by it; I said I was sure he had it; he applied to his wife, and said, did I bring home such a thing last night, she said no, God forbid; I said, I was sure he had it, and if he would give it up, no more should pass he endeavoured to change the conversation, at last he took me up

stairs, and told me he was very sorry for it, that he had got it, he said he had been bound for a man for 10 l. unknown to his wife, that he was obliged to pay the money, and that induced him to take it; he went down stairs, fetched up the key of the dining room, and took it from under the cushion of an easy chair, in his dining room; this is it, ( producing it;) it appeared beat on the side, as if attempted to be beat flat; I did not intend to prosecute him, but when I returned the warrant to the justice, he insisted upon my prosecuting him.

"The prisoner in his defence, said he was

"so much intoxicated with liquor that he did

"not remember any thing that he did that

"night, and that when he discovered the mistake,

"he gave it to the prosecutor; he

"called   John Lowry , who said that the prisoner

"was very much in liquor that night, and

"that he had known him ten years; Catharine

"Hunt, who had known him seven months;

"John and   William Burgess his brothers;

"- Welstead from an infant; Christopher

"Rewes four years; - Jones sixteen years,

"   John Butcher nine years;   Robert George

"some time;   Stephen Lockhart eight years;

"   John Price some time, and   James Brampton ,

"who all gave him an extraordinary good

"character; his brothers deposed that he had

"received a blow which fractured his skull,

"so that a small quantity of liquor would disorder

"him; several of the other witnesses

"deposed, that when he was disguised with

"liquor he behaved like a mad man."

Guilty , T .