The Proceedings of the Old Bailey

 

19.   THOMAS MALTBY and   JOHN WOODWARD were indicted for stealing, on the 2d of November last, 36 lb. weight of beef salted, value 12 s. the property of   James Alexander .

(The case opened by Mr. Knowlys.)

(The witnesses examined separate.)

  ADAM FRAZIER sworn.

I am a watchman at  Bell-court, in Mincing-lane , between 50 and 60 yards from the prosecutor's slaughter-house door: on Monday the 2d of November, about half past eight in the evening, I was going round my beat, and I saw   Thomas Maltby standing at the door of the slaughter-house, I asked him what he was doing there, he said his master was in the shop, and he could not go in there at present; I told him he must not stand there; I put my hand to the slaughter-house door and found it fast; he said he did not intend to go in; he turned towards Tower-street, and I went away, and I saw him return with his hand at the slaughter-house window, and I saw him pulling a piece of beef through; I stood in the same position and saw one or two pieces more come through the same place; I believe he did not see me; when he had the quantity he went to take it away, and when he was got about 4 or 5 yards, I said what have you in your apron? says he, let me go, for God's sake; it will make a deal of confusion; I told him it was not in my power to let him go, his master might; I seized him, and pulled him to the corner of Mincing-lane; I called Mr. Alexander, two or three times, and the prisoner let his apron go, and the meat fell down in the street out of his apron; then I saw Woodward coming, who must have come out of the shop; he took up the meat and ran towards Fenchurch-street; I called stop thief, and the other watchman stopped him; he was about seventy or eighty yards from me, up the lane, past the slaughter-house door; the prosecutor ordered me to take Maltby to the watch-house, and I saw Woodward at the watch house; when he was stopped I did not see him stopped.

Mr. Garrow, Prisoner's Counsel. How long have you been watch there? - Three years.

He knew you? - Yes, but I did not know him.

You say he could not get into the slaughter-house? - He could not.

Mr. Knowlys. Did Woodward go in the way towards the shop with the meat? - No he ran to the next street.

  JOHN FOLINGSAKE sworn.

I am a watchman in Mincing-lane; on the 2d of November, about half past eight, my partner called to me to stop Woodward; I did so; he desired me to let him go; he said he was Mr. Alexander's servant , I said, this is your master's; he made me some query or something to that purpose; he said it was not his master's property, then I took him to his master's, who was not at home.

  JAMES ALEXANDER sworn.

I am a butcher in Tower-street; I have two doors to my house, one in Mincing lane, and one in Tower-street; there is a

communication between my shop and slaughter house; I saw the prisoners taken; I saw six pieces of beef, thirty-six pounds.

Court to Watchman. How many pieces of beef were there? - I saw three come through the bars, but there were more? there were four carried to Guild-hall.

Mr. Garrow. It may happen that you may swear this to be your property; by what marks do you understand it? - There is a method we have in trimming beef for salting to go abroad, a different method from any other beef that is salted, and the larger piece is what we call a veiny piece, it was of my own putting into salt on the Saturday in the evening; it is a rule to lay it in salt on Saturday, and to resalt it on Monday; I know these pieces of beef to be my putting in salt; I will swear to the whole of them, from the mode we chop them, and trim them.

But knowing that you are in a considerable way of business, you do not chop and trim a great deal? - Yes, I do.

Do you swear these were your own chopping and trimming? - I swear that the largest piece was mine.

I wish we could have seen them as they were salted? - They are not here.

I suppose that in that part of the world, there are some butchers who salt for shipping besides yourself? - Numbers; there is one person in that neighbourhood, that now and then does a little matter; I mean to swear that I know all the pieces of beef, which were four, to be mine.

You talked of six just now? - That was a mistake of mine.

That proves that you are mortal, that proves that you are fallible? - We are all fallible sometimes.

Might not you forget the number of ribs, and the size of the piece, and the manner of trimming it? - There is but one mode of chopping.

Then there was a veiny piece, and you remember putting a veiny piece into pickle some days before? - Yes, Sir, but I do not verily believe, because I wish that to be out of the question; I swear directly to that veiny piece of beef, to be a piece of beef of my own trimming, and on the Saturday night having salted it.

Now will you swear another thing as directly; that is, that it had not been sold? - Yes.

How many people sell in your shop? - Four or five.

You are not always at home? - I am much at home.

Then these four or five people might have sold this, if it had been applied for? - Certainly.

Were the two prisoners in the number of those that might have sold for you? - They were.

And there were three other persons that had the same right? - Undoubtedly.

Mr. Knowlys. How long had your shop been shut up that evening? - It had not been shut up.

Court. Were those pieces all salted beef? - Yes.

Did you happen to have in your slaughter-house at that time, any salted beef that you had borrowed, that was not your own? - No.

Mr. Garrow. How long had these people lived with you? - Woodward six months, the other about five weeks.

PRISONER MALTBY's DEFENCE.

I leave it to my counsel.

  JOSEPH ANDERSON sworn.

I have known Maltby some time, he bears a good character; I put great confidence in him, he lived with me; we parted on a trifling affair; he was always very honest, it was only a little inattention; I would take him again if he was discharged.

Mr. Warren. I have known Maltby four or five years; he always bore a good character; he was a servant of mine, he managed my business while I was in the country.

  WILLIAM HIGGS sworn.

I live at Horn-Church, in Essex; I came to town to give Woodward a character;

he always bore an excellent character.

  William Giles . I have known Maltby some time, he was a servant of mine fifteen months; he was always honest.

  John Herring . I have known Maltby from a youth; he always bore a good character.

  John Bagley . I have known Maltby ever since he came to town, ten or eleven years; he always bore a good character.

  William Croke . I have known Maltby six years, he always bore a good character.

  THOMAS MALTBY ,   JOHN WOODWARD ,

GUILTY ,

Imprisoned six months .

Tried by the London Jury before Mr. RECORDER.