The Proceedings of the Old Bailey

 

335.   ROBERT ARMSTRONG was indicted for feloniously breaking and entering the house of   Robert Burra ,   Henry Hogarts , and others being therein, about the hours of six and seven in the afternoon on the 7th of March , and stealing therein two pieces of printed callico, each containing 28 yards, value 4l. the goods of   Anthony Rawlinson and   Robert Burra .

  ANTHONY RAWLINSON sworn.

I know nothing of the matter myself.

  WILLIAM PEACH sworn.

I am a waiter in the Crown Tavern, in Bow-lane, passing by the posecutor's house in the evening on the 7th of March, between six and seven, I observed four or five men about the door, this house is in  Watling-street ; I stood to observe them, I thought they were rather suspicious, I had not stopped long before I observed one of the men enter, and in about two or three minutes he came out again with a bundle. It is a wholesale Linen draper's shop.

Q. Was any body in the shop? - I don't know, there were no lights in the shop. When he came out with the bundle he gave it into one of the other men's hands, directly as I saw the bundle delivered into the man's hand; I pursued the man that had the bundle, I did not like to go in among the others; there were four or five of them; I pursued him till he was taken; but I lost sight of him by reason of a cart passing; I overtook him before I came to Queen-street; he was stopped by a man,   James Rose . I came up within a second or two, he had nothing about him then, he had throwed it from him, I am pretty certain that he was one of the men that stood at the door, and the man that had the bundle. Indeed I have no doubt at all.

Q.Was any body else running at that time? - No, there was not.

Prisoner. Did you see me in the place? - Yes, I see you at the door.

Q. Can you say you see me with any bundle? - Yes, I see you receive it of the man.

  JAMES ROSE sworn.

I am a callico glazier. I was coming up Watling-street, and I heard the cry of stop thief! and I see the prisoner running a distance from the rest, and crying as he went, these he goes, there he goes. and I looked behind me and could not see neither a soul but him, and I stopped the prisoner; he had nothing about him then.

  JOSEPH ASH sworn.

I am a broker. About a quarter before seven o'clock, Friday evening, the 7th of March, I see two men shuffling by, and the cart stood close at the pavement, there was but room for one to pass at a time, and instantly I saw two

pieces of printed cotton drop from one of their arms; but whether it fell from the prisoner at the bar, or from his companion I will not swear, I attempted to stop them, but having the misfortune of being lame they past by me, and I saw the last witness cross over and stop one, and the other went down Aldermary Church yard. I am very sure it was dropped by one of them.

Court to Peach. You mentioned only seeing one? - No, not after I past the coach, but they all went away that way.

Prisoner. Did you see me with any property? - Yes, I see you, or how should I cry out, stop thief!

Q. Did you see me at the door? - Yes, or else how was you taken?

  JOHN LOVEDAY sworn.

I am a weaver; I was coming by between the hours of six and seven, on the 7th of March, and I saw three men at the door of Mr. Rawlinson's and Burra, and I stopped about two minutes, and I see one of the others come out, and hand out two pieces of goods, and to the best of my knowledge, the prisoner at the bar is the man that received the goods of the man that handed them out, and I thought they were too many for me to encounter, and I stopped till the prisoner set off with the two pieces, and I ran into the house and said, stop thief! you are robbed! and then Mr. Peach came out of the Crown, the house opposite, and some more, and set after him, and in less than three minutes the prisoner was brought back. I swear positively to his being one of the four, and to the best of my knowledge, he is the man that received the two pieces. When I went in there was nobody in the front part of the warehouse, but when I called out there was one ran out of the counting house, and another came down stairs, and he that came down stairs said that he had been up to ask another to help him to shut up the shop.

Prisoner. Did you see the man give me any thing into my arms? - I swear to your being one of the four positively, and to the best of my knowledge, you are the person that received the goods.

Prosecutor. I keep a Manchester warehouse ; No. 26, Watling-street our warehouse is; my partner, Mr. Burra, lives there. On the 7th of March, I went out about six o'clock, over into the Borough, and when I came back I was informed that my warehouse had been robbed; understanding that Mr. Ash, who lives a little below, had got the property, I went down in the morning to look at it. This property I know to be mine, this piece was in the window when I went out in the morning.

  JAMES WRIGHT sworn.

I am a weaver; I was coming past Watling-street, on the 7th of March, about seven in the evening; I saw James Rose following the prisoner and calling out stop thief! I stopped, at first I was going to lay hold of   James Rose , just at the juncture of time   James Rose tumbled the prisoner down, and I assisted   James Rose in securing him, and took charge of him as constable of Cordwainers Ward.

GUILTY , Of stealing the goods in the dwelling house, but not of the house breaking.(Aged 24.) Death .

Tried by the London Jury before Mr. COMMON SERJEANT.