SAMUEL BURLAND, Theft > receiving, 17th October 1781.

Reference Number: t17811017-8
Offence: Theft > receiving
Verdict: Not Guilty
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598. SAMUEL BURLAND was indicted for receiving 150 bricks, called grey-stocks, value 3 s. the property of Thomas Scott , John Scott , William Scott , and Samuel Scott , well knowing them to have been stolen , August the 24th .

(The record of the conviction of Richarad Baldwin, the principal, was read.)

( - M'Carty deposed, That Baldwin was one of the carters employed to deliver bricks for Messrs. Scott.)

- CLARKSON sworn.

On the day this happened, the prisoner was to have delivered a parcel of bricks to a person by London-wall. I gave the orders. M'Carty loaded him with the bricks.

EDWARD MILTON sworn.

Upon the 24th of August, about six in the afternoon, as I was standing at my door, being about four doors from the house of the prisoner, who keeps a chandler's shop in Tabernacle-walk , I saw the prisoner standing at his door. I saw a cart with bricks. The prisoner went to the carter, and brought him to the place, where I saw the carter deliver some bricks, I suppose about 200, out of that loaded cart. The cart immediately drove away in great haste, so hastily as to run against the wall, and shake it. I thought there was something odd in this transaction; and therefore, that I might know whose bricks they were, I followed the cart, which went on with the rest of the bricks down to London-wall, where I saw the bricks delivered. I mentioned the transaction to some persons, by which means it came to the knowledge of Mr. Scott.

JACOB UPSTON sworn.

When I took up the prisoner, I asked him how he could receive bricks from such a man as Baldwin, and why he did not apply to the clerk properly? He denied having had any at all. When Baldwin was brought and confronted with him, and he insisted he had received the bricks of him, the prisoner then admitted he had received them, and had paid 1 s. 5 d. to the carter in part; but the carter said he had paid the whole to him that he was to receive.

PRISONER's DEFENCE.

On the 23d of August, I saw a cart unloading with bricks, four doors below my dwelling-house. I was coming by with a cask of beer. I asked the man if he was coming again with this job: he said, he should know when he was unloaded. He came up to my dwelling-house, and said he was coming again on the morrow. I told him, if he came again to that job, to bring me 150 bricks. He said, What sort? I said, It made no difference; but the commoner they are, the better they will suit me; for they are for a necessary, for a gentleman who has built a house two doors higher. He said, he should come on the morrow, without fail. I said, If you come, bring 150, but bring a receipt. He said he would. I had never seen the man before. The following day 150 bricks were brought. The bricks came in a cart, apparently full. He asked me where they were to be set down. I shewed him. He put down 150 bricks, and said, Master, where is the money? I said, Where is the receipt? D - n your blood, said he, I brought no receipt; you don't mean to pay for them, I suppose. I said, Bring a receipt to my house when you will; there is the money. I never saw any more of the man till a warrant was obtained of Justice Wilmot. On the Monday following, one of the witnesses brought a warrant in, and said it was for stealing 200 stock bricks. I thought it was for taking more than I agreed for; that made me deny the fact. I said, The man left no more than 150 bricks here. He said, What did you pay for them? I said, I had not paid for them. I was taken down to the watch-house: I was continued there all night. The next day, when I was before Justice Wilmot, he would hardly hear me or my friends speak; and so I kept these words to declare on my trial.

For the Prisoner.

THOMAS JONES sworn.

I live in Castle-street, Leicester-fields. I know the prisoner. An acquaintance of mine desired me to go and see if I could get a little house and garden for him. Knowing Mr. Burland, I called at his house, on a Friday afternoon. He directed me through a little passage, by the side of his garden, to walk there: I might see something that might suit my friend. I went down. The houses were to be sold, instead of lett. Coming back, just by a gate, I saw Mr. Burland and a man, that had a cart, talking together. It struck my attention, because there was something of words about some bricks lying there, and a receipt. The man

was drunk. The first thing I recollect was, Mr. Burland said, My friend, have you brought a bill and receipt? The man said, No. He said, Then I shall not pay you, without you bring a bill and receipt for them. But there was something given to him; but what it was, I cannot tell; whether to drink, or for the bricks. The man drove away.

MARY BINFIELD sworn.

I live at the back of Tabernacle-walk. I was present at Mr. Burland's shop when the carter came to the door with the whip in his hand. I turned round, and desired Mr. Burland to step out, for he was wanted. A man came, and said he had bought the bricks. Mr. Burland asked him for the receipt; but he made no answer, but went to see after his horses; for they were going off with the cart.

(The prisoner likewise called a great number of respectable witnesses, who gave him a very good character.)

NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron EYRE .


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