29th June 1785
Reference Numbert17850629-33
VerdictNot Guilty

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640. CORNELIUS MARNEY was indicted for feloniously stealing on the 13th of June , ten iron bars, value 10 s. belonging to Henry Dagge , Esq ; then and there fixed to a certain building of the said Henry, against the statute .


I know the prisoner, I am watchman at Mr. Dagge's cow-house, the 12th of this month I found a bag of iron bars laid after ten o'clock under the house, I let it lay, expecting the person to come for it; I watched and saw the prisoner come, that is the man, he went under the cow-house, at two in the morning he took it upon his shoulders; I clapped him upon the shoulder, and asked him if he was come for his bag, he said aye; he could give no account at all; I took him into custody.


I am smith to Mr. Dagge, I made these bars, and know they are his; I placed these bars in the green-house copper hole, I tried them there, and they fitted, they are the same I placed; and here are two or three of the bars particularly marked, I can swear to them: I saw them there about a fortnight or three weeks before.


I went out to look for a day's work, and I thought it too early, and seeing this shed just by the foot-way, I went in to lay down for an hour or two, and in this shed there was some hay, and I thought to lay down in the hay, and this gentleman desired me not to stir, I said no, I shall not stir, I am going to lay down: but I am as innocent of the fact as a child unborn.

Court to Jury. Gentlemen, this indictment is founded on a statute for stealing a quantity of iron fixed to a dwelling-house, now the fact that is proved is, that it was not fixed to the dwelling-house, but fixed to the cow-house, and afterwards found in the cow-house, and though it is very probable the prisoner was the person who did wrench them: it would have been an offence at common law, but upon this evidence as applied to this indictment you must acquit the prisoner.


Court. Let him be detained till the gaol delivery.

Tried by the second Middlesex Jury before Mr. Justice HEATH.

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