16th February 1803
Reference Numbert18030216-95
VerdictGuilty > with recommendation

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313. JOHN EDDY was indicted for burglariously breaking and entering the dwelling-house of John King , on the 1st of February , about the hour of eight in the night, and stealing four pair of shoes, value 4s. the property of the said John King.

JOHN KING sworn. - I live in Drury-lane , I am a master shoe-maker : On the 1st of February, about eight o'clock in the evening, as I was working at my cutting-board, facing the window, I heard a great crash in the window, it made so much noise that I thought there must be a waggon against it; I looked, and saw a man's arm through the window, taking a stack of shoes, nearly four or five pair, which were set up in the side of the window; the door was open, I rushed to the door, and was stopped

by two men, who said they wanted some shoes, and tried to confine me in; it came to my mind what they were upon; I rushed by, and after running fifty yards, I saw the prisoner with a pair of shoes in his hand; I cried out, stop thief! he threw them down, I took them up, and pursued him, crying out, stop thief! I never lost fight of him after; I saw the shoes in his hand, I ran forty or fifty yards more; I fell down on the top of him, I got assistance, and took him.

Q. Did he take the whole stack out? - A. Yes, almost; a boy took up three pair on the outside of the window.

Q. You are sure you never lost sight of him? - A. Yes.

Q.Was it his hand you saw, when the window was broke? - A. I cannot say that.

Jury. Q.Whether you saw, immediately as you went out of the door, the shoes in the prisoner's hand, before he set off to run away? - A. No.

Q.How far was he off when you first saw him?- A. Not four yards from the window.

WILLIAM HALFPENNY. - Q. How old are you?- A. Not quite fourteen.

Q.Have you learnt your catechism? - A. Not quite.

Q. Do you know it is a bad thing to tell a lie?- A. Yes.

Q. Don't you know you call God to witness when you take an oath? - A. Yes.

Q. And that you are liable to be punished if you tell a lie, not only in the next world, but in this, and that very severely? - A. Yes. (He is sworn.) I saw two hands up to the shoulder in the window; my master ran after the man, and I picked up three pair of shoes under the window.

VALENTINE LUMLEY sworn. - I am a constable: I have a pair of shoes; the prosecutor brought the prisoner to the watch-house; I asked him if there was any mark on the shoes; he said, yes, J. B. there is J. B. on them. (The shoes produced).

King. I can swear to these shoes, (looks at the three pair); I can swear to them.

Jury. Q.What is the mark you swear to them by? - A. I don't believe there is any mark upon them, I believe them to be my property; I should know them if I were to see them in France, by the work of the shoes; these two pair of shoes are very remarkable shoes, with a long side seam, which is not common now.

Prisoner's defence. I was coming along the street, and being in liquor, I fell down, this man came and took me, I know nothing what for.

GUILTY , Death , aged 30.

He was recommended to mercy by the Jury, on account of his youth, and no violence being connected with it.

Second Middlesex Jury, before Mr. Common Serjeant.

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