| Reference Number | t17831029-6 |
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| Verdict | Guilty |
| Sentence | Corporal > whipping; Imprisonment > hard labour |
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| Actions | Cite this text Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 07 June 2023), October 1783, trial of BENJAMIN COLBOURNE (t17831029-6). | Print-friendly version | Report an error |
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724. BENJAMIN COLBOURNE was indicted for feloniously stealing on the 20th day of October , 36 pounds weight of tallow candles, value 23 s. and one wicker basket, value 18 d. the property of Robert Sherwin ,
I am apprentice to Mr. Sherwin, last Monday was a week I was sitting in the counting-house about seven in the afternoon, or a little after, I saw two men come in and take up the basket with three dozen of candles in it, I went round the compter and took up a four pound weight, I saw the prisoner and another man, the prisoner had the basket on his shoulder, and at the corner of Broad-court, I saw the two men, they saw me and dropped the basket, I followed the prisoner, and hit him with the four pound weight.
Prisoner. Can the witness say I took the candles away at all, or ever saw them at first or last? - I cannot be positive that it was the prisoner took the basket out, as his back was towards me, but it was the colour of his coat, I am sure he was the man that had them on his shoulder.
I was going down Drury-lane, and I saw a basket lay, and I heard that young man cry out, stop thief, I staid by the basket.
Is that the basket? - I think it is, I am not positive.
Court to Christie. Is that the basket that had the candles? - Yes.
PRISONER's DEFENCE.
I had been as far as Bull and Mouth Street, on an errand for my sister, to order some rum, and was coming down Drury Lane, and I heard them cry Stop thief! I saw a man run, I followed him, this man run after me and took me instead of the other man; I never saw any weights, or any thing of the kind, I did not know I should be tried till to-morrow.
Court. Are you sure that was the man that threw down the basket and run away? - I am sure of it.
Jury. Was the basket ever out of your sight? - Only while I went round the counter.
Court. Are you sure that basket was in the shop before it was taken away? - Yes.
GUILTY .
To be whipped and confined to hard labour six months in the house of correction .
Tried by the first Middlesex Jury before Mr. Justice NARES.