THOMAS MUNDAY, WILLIAM DYER.
8th June 1791
Reference Numbert17910608-22
VerdictGuilty
SentenceDeath

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247. THOMAS MUNDAY and WILLIAM DYER were indicted for feloniously and burglariously breaking and entering the dwelling-house of John Barton , about the hour of ten at night, on the 19th of May last, and stealing therein one pair of linen sheets, value 5 s. one cotton counterpane, value 2 s. two linen shifts, value 3 s. one pair of corduroy breeches, value 2 s. two linen table-cloths, value 2 s. one cloth coat, value 2 s. a silk work-bag, value 2 d. one pair of iron knee-buckles, value 1 d. the property of John Barton ; and one pair of linen sheets, value 5 s. the property of Mary Newmarsh , widow .

MARY NEWMARSH sworn.

I lived in Chopping's-court, Old Gravel-lane : I am a widow, and kept John Barton 's house, while he and his wife went into the country, on the 19th of May, there being no one in the house but myself and my three children: about half past nine, to the best of my knowledge, I put my children to bed; and afterwards I went out, and locked the door, and took the key in my hand; I was not out about half an hour; I found the door, when I came back, on a jar open, when I went out, the sash of the window was fastened down, and a bell in it, and I shut-to the shutters; and when I came back the shutters were shut-to, but not fastened, and the sash was thrown open, and a pane of glass broke out; I found a tea-chest outside of the door: when I came up stairs, I found missing, by examining of the drawers, one pair of linen sheets, a counterpane, two linen shirts, one pair of corduroy breeches, two linen table-cloths, one cloth coat, a silk work-bag, and a pair of knee-buckles, the property of John Barton ; and one pair of linen sheets, my own property: I do not know that the prisoner took the things, I never saw him till I saw him before the justice.

JOHN RILEY sworn.

On the 19th of May, between ten and eleven o'clock, I was going home to Old Gravel-lane, which leads to Farthing-fields; I saw Munday with a bundle; I knew him before; they were both in company; I followed them to a place called Farmer's-street, in the parish of St. Paul's, Shadwell; I saw them run up an alley; I followed them, and saw Dyer standing by the corner of a shed; I took hold of him, and searched him; I found nothing upon him; I am a constable; I called out to one Mrs. Smith for a light, in the mean time Dyer, made his escape: when the light came, I went and looked in the shed, and - found the prisoner Munday and this property, I took them, and have had them in my custody ever since.

(The property produced, and deposed to.)

Prisoner. Mr. Riley, was not you tried once for felony? - I was once tried in a court of justice, and honourably acquitted.

Court. What was the charge? - It was for felony.

PRITCHARD SMITH sworn.

On the 19th of May, late at night, I was at home, and heard somebody cry out, Mrs. Smith, bring me a light; I wondered who it was, and asked who it could be; Mr. Riley said, it is me; I then went down, knowing the voice, and Mr. Riley had hold of a man by his collar, and he was asking him what he had with him; he said, nothing at all; with that he took up the bundle into his hand, and brought the man through the passage; and I heard the man say, Ryley, take the bundle, 'tis not worth grass.

PRISONER MUNDAY's DEFENCE.

On the 19th of May I was going along Wapping, and a press-gang coming after me, I ran into this empty place for a shelter till the gang went by, and that man came and took hold of me, and collared me, and asked me what I had got there; I told him nothing; some woman brought a light, and he found this property; I know nothing about the property at all; this man has been convicted, and been aboard a ballast ship.

PRISONER DYER's DEFENCE.

I am very innocent; I know nothing of this offence; I have friends, but they are

down in the country, and very poor, so as not to be able to come up.

Jury. Have you ever lived in London? - Yes, about three months.

Have you worked for any body? - I have worked for Mr. Smith, Cheapside.

THOMAS MUNDAY , WILLIAM DYER ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Baron PERRYN.


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