18th February 1801
Reference Numbert18010218-13
VerdictNot Guilty

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223. CHARLES BLAKE , CHARLES POPE , and GEORGE SPENCER were indicted for feloniously stealing, on the 4th of February , 16lb. of tripe, value 6s. and four neats feet, value 1s. the property of Sophia Payne , widow , and David Payne .(The case was opened by Mr. Knapp.)

DAVID PAYNE sworn. - Examined by Mr. Knapp. I am in partnership with my mother, Sophia Payne, widow, tripe-merchants , in St. John-street; the prisoner Blake was our carter ; it was his business to collect the tripe from different butchers; he had been a servant to us about three years; in consequence of information that I received, I went to Mr. Hill, a butcher, in East Smithfield.

Q. Did you miss any tripe on the 4th of February? - A. Yes, one, and four neats feet.

Cross-examined by Mr. Gurney. Q. The business of Blake was to collect tripes from the different butchers? - A. Yes.

Q. Did you yourself send him out that morning? - A. No.

Q. Did you count the tripes that he brought home? - A. I saw them counted; he brought home forty-six tripes.

- VENABLES sworn. - Examined by Mr. Knapp. I am servant to Mr. Payne: On the 4th of February Blake came home with his cart to the tripe-shop door: I said to him, how many have you brought home; he made answer, forty-six; I asked him if he had them all from Mr. Mellish; he said, no, he had thirty-six from Mr. Mellish and ten from Mr. Hill; the tripe was taken in, and he went away upon other business; I saw the cart unloaded, there were forty-six of them.

Cross-examined by Mr. Gurney. Q. Were there no other tripes brought home that day? - A.There were some brought in afterwards; but these tripes were counted, and forty of them dressed before the others came in; I had the boiling of them that day.

JOHN FOSTER sworn. - I am servant to Mr. Hill, butcher, in East Smithfield.

Q. Had he been in the habit of collecting tripe from your house for Messrs. Payne? - A. Yes; he came on the 4th of February, with the prisoner Pope; Blake asked how many tripes we had, I told him I did not know; he told them over, and said there were eleven.

Q. Did you deliver them to him as the servant of Messrs. Payne? - A. Yes, for Mr. Payne.

Cross-examined by Mr. Gurney. Q. You did not watch his counting, to see whether he counted right? - A. I did not.

JAMES TURNHAM sworn. - Examined by Mr. Knapp. I am a constable belonging to the Thames Police-office: On the 4th of February, about eight o'clock in the morning, I saw Mr. Payne's cart standing at Mr. Hill's door, with tripe and neats feet; I saw Blake and Pope standing together at the door; I saw the cart go up East Smithfield, and at the end of Dirty-lane stood Spencer, with a little poney, about three hundred yards from Mr. Hill's; Pope stopped and spoke to Spencer; then the cart went on to the middle of Dirty-lane; I was going on for Tower-hill; I turned round, I saw Pope and Blake in the cart; I was about forty yards from them; I saw Pope with a sack which was in the cart; Pope had got hold of the sack, Blake was pulling up the tripe; Blake and Pope put the tripe into the sack; their backs were towards me; I saw some neats feet put in besides; then Pope got up and looked round, I thought he saw me; then I ran up King-street, because they should not see me, and went round upon Towerhill, and there I saw the cart, and Spencer, Pope, and Blake at the Black Horse door.

Q. What was done with the sack? - A. I did not see the sack after; I saw Spencer put his hand in his pocket and give Blake something, but I do'nt know what, which Blake put into his breeches pocket; then I saw the sack taken out of the cart and put upon Spencer's poney, and then they went away for Rosemary-lane: then I took Pope and Spencer into custody at the end of White Lion-street; they asked me for what; I said you know for what, for this you have got upon the horse; I took them to the office, and going along they offered me something to let them at liberty; Spencer said he was just going to begin business, and he would give me any thing; I said, no, they should go before the magistrate; I took Blake the same day at Mr. Payne's; I took him into the accompting-house, and asked him for an account of the tripe that he had brought home; he said, thirty-six

from Mr. Mellish and ten from Mr. Hill's; then he said it was the first time he had sold any thing out of the cart, and he hoped his master would forgive him.

Cross-examined by Mr. Beville. Q. At the time this passed, what was said to induce him to confess? - A. I did not hear any thing of the kind; we took him into custodody.

Q.Whether the tripe that you saw put into the sack came from Mellish's, or Hill's, or any where else, you cannot say? - A. No.

Q. Did you examine the bag after you got to the office? - A. Yes; there was one tripe, four feet, a rule, a recd, and a bunch of lights.

Mr. Knapp. Q. This was Messrs. Payne's cart? - A. Yes.

Mr. Gurney. (To Mr. Payne). Q. Did you pay Mr. Mellish for thirty-six tripes that day? - A. No.

Q. Did you pay Mr. Hill for eleven tripes that day? - A. I have not paid either of them yet; my account is not yet come in.

Blake's defence. I am not guilty; I never stole any thing in my life.

The other two prisoners left their defence to their Counsel.

Pope called two, Spencer six, and Blake three witnesses, who gave them a good character.

All Three NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Hotham .

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