12th September 1798
Reference Numbert17980912-55
VerdictGuilty > lesser offence

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522. THOMAS WHOMBY and WILLIAM RADFORD were indicted for that they, on the 2d of August , being in the dwelling house of William Rosethorn , a wooden cask, value 6d. and two gallons and a half of rum shrub, value 30s. the property of the said William, feloniously did steal; and about the hour of twelve in the night of the same day, the said house did break and enter, and the goods therein being, feloniously did steal .

MARY ROSETHORN Sworn. - I am the wife of William Rosethorn , I keep a public-house, the Feathers, Broad-way, Westminster ; my husband was taken prisoner in the expedition of Ostend, and I was left with two children: The two prisoners lodged with me, they are both soldier s in the Cold-stream regiment. On the 2d of August, I was ill of the rheumatism in my head, and staid in the bar till I could not stay any longer; I laid down my head in the kitchen upon the table, till almost eleven o'clock; just before it struck eleven, I ordered the girl to put up the shutters, for I was so wearied, I wished to go to bed; I then went into the bar, where were the two prisoners sitting with a woman with them; I desired them to go to bed, I thought it was time; when I was going to shut up the house, the girl went into the parlour to shut the window-shutters, and I outside to hold the shutters to till she fastened them inside; I came into the taproom, and missed Whomby all at once, I did not know which way he had gone; I asked Radford to go to bed, and he went out, and stopped about two

minutes; he then came back and asked for a candle to go to bed; I then ordered the girl to go and fasten the cellar flaps and shoot the bolts; and I went to see it done; since my husband has been gone, I have been very careful to see that every thing was fastened before I went to bed; I heard the girl shut to the bolts while I was fastening the shutters; I locked the tap-room door and the girl locked the cellar-door, and gave me the key; I make it a rule always to take up the keys with me; the girl sleeps in a bureau bedstead, opposite to the cellar door; I saw every thing fast, I went to bed a little before eleven; I got up to washing between three and four, I found every thing fast as I left it; I went out of doors, I took the bolt out of the window shutters, and called the girl; when I took the bolt out of the window shutters, I found my cellar flap almost out of the place where it shuts in, and lifted into the street, it must have been unbolted inside; I have every reason to believe Whomby concealed himself in the cellar, for he had not been to bed, that I am sure. I then called the watchman, I found a cask of shrub missing, and the rum all poured out, I suppose there might be four or five gallons in it. I found myself incapable of washing, and I got a washerwoman; I continued in my tap-room and bar all the morning, till about half past six o'clock; Whomby came in very much in liquor, he did not say a word to me, nor I to him; he went into the yard and stopped there, it might be five minutes; then he went up stairs, I took particular notice of him, for the back cellar has a spring in it, and is generally ancle deep in mud and water; and to prevent my servants going into it, I pump it into the front cellar. When he came in, his shoes and the lower part of his trowsers were all over mud, the same as was in my back cellar; he stopped up stairs about a quarter of an hour, and he made Redford get up, and they came down stairs; they had a pint of beer in the tap-room, it was then near eight o'clock. The girl and I went out to drive some ducks in, and Radford followed me, and stood at the door; and then Whomby gave a great whistle; I thought something was the matter, and I saw Whomby attempt to go up stairs; I went to go in, and Radford stopped me at the door, so that I could not get in; I followed him up stairs, and I got up the two-pair of stairs nearly as quick as him; then I saw him with the cask of shrub under his left arm; I told him, he ought to be ashamed of himself, in the manner in which I was left, to be robbing of me for six weeks; says he, d-n you, you b-h, if you don't get down stairs, I will kill you immediately; with that, I returned down stairs, and called out, murder! thieves! and alarmed the people in the house and at the door; then I went up stairs, but before I could get up stairs, Whomby had given Radford the cask of shrub, and Radford was putting a knapsack over it in a box of Radford's; I did not know then what it was he was putting in the box; I begged of Whomby to give me the cask of shrub, and he said, he had not seen it; and he threatened me a great deal, and said, I was so and so, and he had never robbed me of any thing; Radford kept fastening up the box and standing before it. I came down stairs, and Whomby followed me; I then sent for a constable, and Radford came down afterwards. The constable took Whomby away, and Radford went into the tap-room; I said, Radford, I am afraid you have had connections in robbing me, these six weeks, of every thing I have lost; I told him, he might he ashamed of himself, when he did not know whether I had a father living for my children, or not; and he abused me very much. There was a corporal there gave him a share of a pint of ale; and the corporal was more curious in watching Radford than I was; for I was so full of trouble, I did not observe what was going forward. The corporal went up stairs after Radford, and saw the cask, and then the constable fetched it down; I am sure it was my cask, I had emptied a little shrub out of it the day before.

Cross-examined by Mr. Gurney. Q. Did you ever see your cask of shrub from the day before, till it was produced to you by the corporal? - A. I saw it that evening before I went to bed.

Q. And you did not see it from that time till it was produced to you by the corporal? - A. No.

Q. You did not see it in Radford's box? - A. No.

Q. You had the misfortune to have your husband taken prisoner at Ostend? - A. Yes.

Q. Is your husband alive? - A. I did not know till the 3d of this month, when Sir Eyre Coote came home, that I had a father to my children.

MARY SWEET sworn. - I am servant to Mrs. Rosethorn; all that I know about it, is, that I fastened up the cellar-window with two bolts.

WILLIAM M'CLAVERTY sworn. - I am a corporal, I lodged at Mrs. Rosethorn's: At that time I was in bed, when I heard Mrs. Rosethorn cry out, a robbery; I went up stairs into the room, and there were a great many people in the room seeking the cask; I stood just inside of the room door, and I saw Redford go to the box in the room; the box was tied up with a black canteen strap, he stood in front of the box; there was one corner of the box that there was a piece broke out of, he stood against that; I did not say a word then till all the people went down stairs; they could not find it. I came down stairs, and he was sitting in the tap-room; I called for a pint of ale, and gave him a glass of it, and I asked him who that box belonged to that was in the room; he said, it was his; I said no more, but went into the parlour; and he went up stairs;

I followed him up, and saw him take the canteen strap off the box, and take the cask out and carry in into another room, and put it under the bed; when I came down stairs, the officer was there, and I told him of it, and he went up stairs along with me, and found it in the box.

WILLIAM MESSENGER sworn. - I found this cask under the bed at Mrs. Rosethorn's. (Produces it.)

Mrs. Rosethorn. This is my cask.

Whomby's defence. I left the house about half past nine the over-night, and did not return till half past six the next morning; I went into the skittle-ground, and there I saw the cask, I took it up to Radford, and told him I had found a cask with some kind of liquor in it, and it turned out to be shrub.

Radford's defence. I know nothing of it.

(The indictment having charged the stealing the goods, then the breaking out of the dwelling-house, and after that stealing the goods therein, the Court were of opinion that it was so far bad, that the capital part of the charge could not be maintained).

Whomby, GUILTY (Aged 24.)

Radford, GUILTY (Aged 23.)

Of stealing the goods, but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT.

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