19th February 1800
Reference Numbert18000219-33
VerdictNot Guilty; Guilty
SentenceImprisonment > house of correction; Corporal > public whipping

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192. THOMAS SMITH and JOHN HARRIS were indicted for feloniously stealing, on the 15th of February , a silver tea-spoon, value 2s. the property of Thomas Piper .

THOMAS PIPER sworn. - I keep the King's-arms, in Arundell-street ; I lost a tea-spoon, on Saturday night last, about twelve o'clock, my company were gone; I was shutting up the half door when the prisoners came up and asked for something to drink; I told them they must be very quick, for I was going to shut up, and going to bed; Harris and a woman had a glass of liquor each, and Smith, the young man at the bar, refused to take any; Smith paid for the two first glasses, and the old man, Harris, paid for another glass, which Smith drank, and then they went away from the bar window, and in consequence of the information of my child, I charged Harris with having taken a tea-spoon, and he denied it; the child said, it was not him that took it, it was the man that went out; I told him, I should detain him, while I went in search of the other; he denied knowing any thing of the other; there was a lodger of mine in the tap-room; I desired him to mind Harris, while I went after the other man; I went in search of him for upwards of half an hour before I found him; I found him in the Strand, right opposite the street where I live, he was looking down; I then took him by the coat, on the left side, and asked him to go with me, he said, he knew nothing of me; I told him I knew something of him, and begged of him to go with me, it was only a few paces back; he went with me into the Sun; I had him by the left side, and the spoon dropped on his right side; I took the spoon up, and told him, that was my property, and he was my prisoner; I then gave him to the watchman, and he was taken to the watch-house, (produces a spoon;) I know it to be mine, I have the fellow to it. (Produces it.)

(The prisoner's daughter, a child of seven years old, was called, but not appearing to know the nature of an oath, she was not examined.)

JOSEPH ROSE sworn. - I am waiter, at the Crown and Anchor Tavern, in the Strand; I lodge at Mr. Piper's; I detained Harris, while Mr. Piper went after the other; he said, he lived in Castle-lane, Whitechapel; I asked him what profession he was of, and he said, go and look, you b-r; and when he found I was resolute upon keeping him, he shammed drunk.

Smith's defence. I had no spoon about me; he said, at the watch-house, that he could not tell whether it was his spoon or not.

Harris's defence. I met with a woman in the Strand, and the over persuaded me to have a glass of gin; the little girl said, there was a spoon gone; I did not see any thing of the transaction.

Harris, NOT GUILTY .

Smith, GUILTY . (Aged 24.)

Confined two years in the House of Correction , publicly whipped , and discharged.

Tried by the second Middlesex Jury, before Mr. RECORDER.

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