JOHN SMITH.
15th September 1790
Reference Numbert17900915-9
VerdictGuilty > lesser offence
SentenceTransportation

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599. JOHN SMITH was indicted for burglariously and feloniously breaking and entering the dwelling-house of Ann Latham , widow , about the hour of 12, in the night of the 10th of July last, and burglariously stealing therein five pair of silk stockings, value 8 s. four pair of cotton stockings, value 4 s. two pair of silk and cotton stockings, value 5 s. the property of Elizabeth Latham .

ELIZABETH LATHAM sworn.

I live in South-street, St. George's, Hanover-square : it is a stall I keep; I dwell in it; I sleep there; it has only one floor; there is a bed in it; it is all the dwelling-place I have; and whilst I went out, which was at eleven at night, to Oxford-market, the window was opened; the

market is about a quarter of a mile from my stall; the door and window of the stall were both shut; the windows draw together, they do not fling up; there is no fastening but a nail which is put in with your hand in the inside; when I came back from market I found the window open, and the property gone; the nail was drove out by some force, by the shake of the window, as I suppose; I did not look for the nail; but I do not think they could get the nail out; the door was double locked, and so I found it; I returned about twelve, and missed fourteen pair of stockings, and one odd one; they belonged to different people; I had them to mend; it was Mr. Frost's stall; he let it to my mother; she was ill at the time; she is now at home; she was then in St. George's hospital; she is the same business with me; she paid two shillings a week for it; I hired it that week; it was my stall for that week; on Sunday morning I went to the prisoner, whom I had seen loitering about the place, and he would not own to the property; I asked him for it, and he denied it; on the Monday morning I asked him for them, he would not deliver them, and I got a search warrant, and searched his premises; he lives in a stable about a stone's throw off, and we found all the stockings but two pair, twelve pair and an odd one.

Prisoner. Did not you ask me to drink with you? - No, I know nothing about it.

FRANCIS MURRAY sworn.

I produce the stockings which I got, on Monday morning, the 12th of July, between eight and nine o'clock in the morning, at the stables where this man was; the young woman said, that is the lad; I challenged him with the stockings; he said he knew nothing of them, and I found them in that room; the prisoner lived with my Lord Rosebury, as second coachman.

The stockings produced, and deposed to, by being marked when they were brought in.

Court. Had you them to mend, or your mother? - I had them in my care; I was to be paid for them; I never saw the prisoner before that night, I saw him the next morning.

THOMAS JONES sworn.

I live with Mr. Wheble, of Kensington; the prisoner lived then at Lord Rosebury's stables.

Court to Murray. Describe where these stables are? - They are the very next door to the Roman Chapel in South-street.

Court to Jones. Are those Lord Rosebury's stables? - Yes: I bought two pair of stockings of the prisoner on the Sunday morning: (produced and deposed to, by the stripes.) They have no mark, I had them so little a while.

PRISONER's DEFENCE.

I know nothing of the stockings, nor how they came there, any more than any of these gentlemen here; I have a witness that the prosecutrix said she would make it up for three guineas, and not hurt me.

JOHN DEW sworn.

I went to the gentlewoman's house that lost the stockings; I cannot swear to the woman again; are not you the woman?

Had you at any time a conversation with that woman? - As far as this, no further than asking in what manner her stockings were lost.

Was that the woman? - I only was in there about half an hour?

Is that the woman? - I cannot swear to the woman, but it appears to me to be the same.

What did you say to her?

Court to Prosecutrix. Did that man come to you, and talk to you? - There was an elderly gentleman came to me.

Dew. I asked her how she lost her property; the woman said, she knew the stockings on his legs, and she told me, if he would deliver the property again there should be no more said about it; and he said he bought them.

Court to Elizabeth Latham . Did that pass? - He asked me how I lost my property; and I told him that I told the prisoner, if he knew any thing of the property,

I should be very much obliged to him; that was all that passed; there was no ward offered; that was before the place was searched.

Did you tell Mr. Dew, the gentleman that stands near you? - I told him what I had told the prisoner.

But did you say that you told the prisoner, if he would deliver the property there should be no more said about it? - Yes.

GUILTY, of stealing only .

Tried by the first Middlesex Jury before Mr. Justice GROSE.

[Transportation. See summary.]


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