The Proceedings of the Old Bailey

 

123.   THOMAS GRIGGS and   CHARLES EADY were indicted for feloniously stealing, on the 1st of December , twenty-five sheets of cork, value 8 l. the property of   Thomas Chattam .

(The case was opened by Mr. Knapp.)

  THOMAS CHATTAM sworn. - I am a cork-manufacturer in Holborn; I burn my cork in  St. John's-street, near the Skin-market ; the prisoners were employed by one of the foremen to sweep the cork after it was burnt.

  JOHN MARTIN sworn. - I am foreman to Mr. Chattam: On the 1st of December I burnt to the amount of ten bundles of Cork; the prisoners came there after I had began burning it; after I had burned five bundles, both the prisoners were at work sweeping; the next five bundles were then burnt and swept; the two prisoners took a part of these five bundles from the burning-ground to a warehouse of Mr. Donothy's; I cannot say which of them did it, it was at night.

Q. Were they both together? - A. Yes; it was heaved out of the ground into the warehouse.

Q. Did the workmen ever put it out of the yard to tie it up in bundles? - A. Frequently; it is sometimes bound up in the burning-ground, and it is sometimes carried out.

Cross-examined by Mr. Alley. Q. Is Mr. Donothy's warehouse adjoining the burning-ground? - A. Yes.

Q. This burning-ground is common to several warehouses? - A. Yes.

Q. Have you ever known cork after it has been swept carried by mistake into wrong warehouses? - A. Not that I know of.

Court. Q. What enables you to say it was one of these two prisons? - A. Because I saw the warehouse door open, and my master's property going in; I cannot swear to either of them, but there was nobody else about there.

- DONOTHY sworn. - I live at No. 30, Cow-lane, West Smithfield; my burning-ground is in Northampton-street, Clerkenwell, near the Skin-market; I know the prisoners very well; I never saw the boy many times; they never brought me any cork.

Q. Did you lend any key to them? - A. Yes, I lent a key to Griggs.

Q. Did he apply to you for it? - A. No, I gave it him, and Mr. Walker called upon me the day before, and asked me to let him have a sack of shavings, and he said he would send Griggs for

them; he did not send him, but I saw Griggs in the morning, and I told him to take them.

Q. Did you see any cork in your warehouse? - A. Yes, I have cork of my own there.

Q. Did you ever see any of Mr. Chattam's cork there? - A. No, not to my knowledge; I was not at home from nine in the morning till ten at night.

Q. (To Martin.) Did you find any cork in Mr. Donothy's warehouse? - A. Yes.

Q. Whose cork was it? - A. My master's; it had not gone through my hand above an hour, it was quite warm; there was one very remarkable sheet of cork, you would not find such a one in twenty tons, that I took particular notice of; there were twenty-five sheets.

Q. Did you miss so many sheets? - A. Not till I saw it carried away; I examined that piece after it came out of Mr. Donothy's warehouse, and knew it again immediately.

Mr. Knapp. Q. (To Chattam.) Q. Did you see the cork that was produced from Mr. Donothy's premises? - A. Yes.

Q. Did you know it to be your cork? - A. I cannot swear to it.

Q. Was it customary for cork to get by mistake out of your premises into Mr. Donothy's? - A. By no means.

Griggs's defence. It was an uncommon dark night; I was putting baskets of dust into Mr. Donothy's warehouse, and Mr. Chattam's foreman might suppose I was taking in cork, but I was obliged to have one hand to feel my way with the dust; I never took any cork in at all, and the cork that Mr. Martin made me take away from Mr. Donothy's warehouse was Mr. Donothy's own.

Eady's defence. I took in two baskets of dust belonging to my master, I took no cork in.

The prisoner Griggs called three, and Eady one witness, who gave them a good character.

Donothy. I went the next morning to Mr. Chattam's, and told him the cork in that warehouse was mine; I left from twelve to fourteen sheets in my warehouse.

Q. Were your's warm? - A. No.

Q. Had you any mark upon your cork? - A. No.

Both NOT GUILTY .

Second Middlesex Jury, before the Lord Chief Baron.