JOSEPH GARDENER.
22nd October 1788
Reference Numbert17881022-16
VerdictGuilty > theft under 1s
SentenceTransportation

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622. JOSEPH GARDENER was indicted for feloniously breaking and entering the dwelling-house of Thomas Coker , between the hours of four and six in the afternoon of the 22d of September , no person being therein, and stealing in the same dwelling-house, a woollen surtout coat, value 10 s. two pair of cotton stockings, value 12 d. and a handkerchief, value 12 d. his property .

THOMAS COKER sworn.

I live in White-hart-yard, Rosemary-lane ; my house was broke open on the 22d of September; I was out; I went out about four in the afternoon; I left nobody at home.

Who lives in the house besides yourself? - Tenants up stairs.

How do you know none of them were at home? - That I cannot say; I have no acquaintance with the people up stairs; I am but a tenant, no more than they; I had the lower part of the house.

Whose house is it? - The landlord's; I forget his name I declare; he does not live in the house; it is all let out in different tenements; they have nothing to do with one another.

What rooms have you? - Only one room; the door was locked, and the window shut.

Are you sure it was shut? - I believe the window was shut; for they did not open the window for two or three days before that, but I am not positive.

What time did you come home? - Between eight and nine, when I found my door locked as usual; I lost the things in the indictment; I went out to sell my goods; I left them in the room; it was a wet morning; I hung the coat on the back of the chair; the handkerchief and the stockings laid loose on the chair; I sent after the prisoner, and found him; I had a suspicion of him, because he did not come near me that evening; I knew him before; he lodged with me in the same

room; he is a sea-faring lad; I let him lay out of charity, because I thought he was out of bread; he had no key to the room; I never let him have any key; when I came home the window was as usual, shut down again; I suppose he went in at the window, and when he came out, he shut it down again.

When you went out, was the window shut or open? - It was shut, but I do not know whether it was fast; it was shut; he was taken in Gravel-lane, with my handkerchief, on the 22d of September, and he owned the fact; I was not present when he was taken; the man that took him sent for me to Gravel-lane; I went to the justices; there I found him, and my handkerchief upon him; he owned to the coat.

What did he say? - He said, he did take them things.

What excuse did he make? - I believe, he said, he took them for want, he did say so.

It was near nine when you went home? - Yes.

It was between four and five when you went out? - Yes, I cannot tell when they were taken out, but he said, he took them between six and seven.

(The examination handed to the Court.)

THOMAS COLE sworn.

I took the prisoner and found this silk handkerchief on him in New Gravel-lane; I know nothing but what he said; I am very confident no promise was made him, and I saw him sign the examination; I know Mr. Staples's hand writing, this is his; I saw the prisoner put his mark, he was sworn to the examination.

Are you sure of that? - Yes; quite sure.

Court. In that case it cannot be received.

THOMAS PINCHES sworn.

I live servant with Mr. Hart, No. 20, East Smithfield; a young man was coming towards me, on Monday, the 22d of September, between five and six, with a bundle under his arm; I asked him whether he wanted to buy, or sell? he said, he had a coat to sell; he came into the shop, and said seven shillings was the price; my master looked at it and asked him if it was his own? he said it was; he told him to try it on, and it fitted him; he offered him six shillings; I saw the money paid; this is the coat.

(Deposed to by Pinches and the Prosecutor.)

PRISONER's DEFENCE.

This man had another lodger, and he took the coat out and gave it me to sell it, and he gave me the handkerchief.

GUILTY, 10 d.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.


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