The Proceedings of the Old Bailey

 

481.   JOHN HARDING HORPHARD and   CHARLES DIAMOND were indicted for feloniously stealing on the 2d of June , a tub of butter, value 5 l. a stick, value 1 s. a writing box, value 2 s. and a book, value 6 d. the property of   George Nicholson , in his dwelling house .

  GEORGE NICHOLSON . Q. In the month of June last you lived in Newman-street, Oxford-street, you carried on the business of a cheesemonger - A. I did, as I had lived there about nine-weeks, and during the time I lived there I became acquainted with the prisoner Horphard, and supplied him with articles in my trade; he lived in Eden-street; Tottenham Court-road.

Q. Before the 1st of June had you communicated to Horphard about quitting your premises - A. Yes, he said, he was acquainted with a gentleman who had been a butler fourteen years; and he wanted a shop in the same line, it would suit him to have the goods. I told him I was not willing to part with all my goods, I would keep part and let him have part on reasonable terms. Diamond came on the 1st of June, Harphord was with him about one o'clock, they had both been with me on the day before, I told them, that I had all ready, I had only the cheese to weigh, I weighed the cheese, and Diamond set them down as I weighed them.

Q. Was any thing said by him or you on the subject of butter - A. Nothing at all, I had some butter in tubs and some was out, I did not sell the butter, the articles that I sold were weighed and put together in the shop, on the right hand side, the counter parted the butter and cheese.

Q. Had you any writing box - A. I had, in the parlour on a table, nothing was said about the writing-box, or the book, it was Gay's tables, I told them the carman would have taken them all away that night but could not, he was overleaden.

Q. What goods are you speaking of - A. cask of butter and another cask with some cheese plates and glass, they were in the parlour; Mr. Diamond said, it would not be convenient, to take them away till about twelve o'clock the next day as he had the key of the premises; it was agreed that Diamond should take possession and carry on business there and I was not to send my cart to fetch my goods away that I had not sold to him till twelve o'clock; after that we all three went to a public house opposite of Newman-street. The sum for which I had sold to him was one hundred and seven pounds ten shillings, for which I received bill, Harphord said, he would go out and get the money, he went out leaving me and Diamond together. When he returned he said, his banker was shut up; he said, he hoped I would have no objection of taking a bill upon him; I told him I would rather have my money and likewise the money that he Harphord owed me he said, certainly, I had do that we shall settle to; he said, you will take this bill consented at last; they promised to pay me the next day at four o'clock, Horphard went out to get the stamp, and upon that, Diamond  drew the bill for one hundred and seven pounds ten shillings.

Q. Did that include the butter. - A. It did not; we had a glass of wine or two, I gave Diamond the key after I had got the bill. On the 2d of June in consequence of information from Mr. Ward, I got a search-warrant, I attended the officer with it we went to a house in Charles-street, Bridgewater Gardens. We found the property that had been in my house the day before, every thing was removed there, the tub and all the other articles that I had in my parlour, every things, except a few coals; as well those things that had been sold, as those things that had not been sold. Horphard was there, he said, it was his house; Diamond came in at the time that we were looking over the goods, he began abusing me, and said all them goods were his; afterwards he said he would go down stairs and get some dried mutton, he opened the door and ran away; he was brought back again. They were both taken in custody.

Q. Did you, after this, go to your house in Newman-street - A. I did, I found all my goods were gone except a few coals.

Q. What may be the value of this tub of butter - A. Five pounds, at least.

Court. Have you ever been paid your bill - A. I have not, my attorney has called upon them for it.

Mr. Knapp. You looked the bill, and if you had got the money for the bill we should not have seen you - A. I expect you would, if I had got the money.

Q. After he gave you a bill you parted; with the key of your house, you gave up possession of the house - A. Yes.

Court. If you had been paid the hundred and seven pounds ten shillings for the goods sold, should you have prosecuted for taking the goods that you had not sold - A. I certainly should not although I had given up the key of the house to Diamond, I had not given all that was in the house.

Q. You are positive and certain that you sold butter whatever to the prisoner - A. I am positive of that, I told him, no butter.

  ANN NELSON . Q. Were you at the house of Mr. Nicholson on the 1st of June - A. Yes, I was there, and helped to pack the things, to be removed to Mr. Nicholson's other house.

Q. Were you present in the shop at the time that the two prisoners were there - A. I was.

Q. Were all the goods intended to be taken to Bethnal-green, to Mr. Nicholson's other house, taken away at that time, or did any remain - A. There were some remaining, intended to be taken the next morning, there was a tub of butter and other things, the Mr. Nicholson said, in the presence of Diamond and Horphard, that had had other goods to the following at the cart could not take all; I myself pointed them out to Diamond, in the presence of Horphard, there was a tub of butter, and a tub with china in it, and some other things. I asked Mr. Diamond what time in the morning it would suit him for me to call and take these things away; he told me not to come till twelve o'clock, because it was not convenient for him before, he had got to come a little way out of the country.

  THOMAS WARD . I live at 92, Newman-street, near the house that was occupied by Mr. Nicholson.

Q. On the evening of the 1st of June, did you see the two prisoners in Mr. Nicholson's house - A. I did, I heard a conversation between Mr. Nicholson and Mr. Diamond about the cheeses. I said to Mr. Diamond are you to be our neighbour; he said, he believed he was he had agreed, except the price, as he paid ready money he hoped Mr. Nicholson would use him well. On the next morning, the 2nd of June, I got up about twenty minutes after five, the first thing I saw was a before the door, and the two prisoners with it they brought out the dining room stove, and a table that belonged to

me, which I had lent to Mr. Nicholson, I went and demanded the table, and got it. The cart was loaded with hams and bacon, two or three stoves, and a bedstead, not unscrewed, and some butter; I saw in the cart the large piece that stood on the end of the counter, and three butter tubs. I said to him, you are moving early; one of them said, we are moving a few things, he said either to Bethnal-green, or Bateman's-green, or Bateman's-buildings, it was something like that; I thought it was Bethnal-green, I knew the prosecutor was going there.

Q. To a place that you did not hear distinctly, but you thought Bethnal-green. If they had said No. 2, Charles-street, could you have mistook it for that - A. No, not by any means, I am certain they did not say Charles-street. I looked at the cart and saw no directions on it. I gave directions to my boy to follow it.

  JOHN BAYLEY . I am nephew to Mr. Ward, I followed the cart from the door, in Newman-street, to No. 2, Charles-street, Bridgewater-gardens; they did not go the strait road; the prisoners left the cart, and then came back to the cart; I did not follow them I followed the cart, and when the cart came to No. 2, Charles-street, Bridgewater-gardens, the prisoners were there. I came back and told my uncle.

  WILLIAM BRAND . Q. You are one of the marshal-man of the city of London - A. I am. I had a warrant to search the house in Charles-street, Bridgewater-gardens; I went there about five o'clock in the afternoon, Mr. Nicholson and Mr.  Ward both went with me. We found Horphard there; he said, the house was his; the first that we found was a book, that Mr. Nicholson claimed, it laid on the table; in the room were Horphard was we found a walking stick; we found a tub of butter in the lower room, they have been in my possession ever since. While we were looking over the goods, Diamond let himself in with the key of the street-door, we were then in the passage, he was in a kind of surprise, and asked what was the matter; Horphard said, there was a pretty to do, the officer had come to take the goods out, that they had bought of Mr. Nicholson. Diamond defyed us taking any thing out of the house; I told him I would take him and the goods too; he made a jeer; but when he understood he must go to prison, he said, he would not go without getting something to eat; he went into the cellar for a mutton ham, when he came out of the cellar, we were watching him, he opened the door and ran away as hard as he could, I pursued him, in going round the corner I lost sight of him, I got sight of him again; it appeared to me that he came out of a house that he ran into; I brought him back.

Horphard's Defence. Before the business was settled, the bill was nothing like a hundred pound, which Mr. Nicholson demanded of Mr. Diamond. He says I have three balls there of lard, a tub of butter, a stick, a writing box. He said, the bill of the whole cask of butter, and the stock, included together to the fixtures, make one hundred and seven pounds ten shillings, I said I have not the money; I went out to a friend to get the money, I was too late. I should have honoured this bill if I had had my liberty. I went out and got a stamp, Diamond  drew the bill, and Mr. Nicholson took the bill. Mr. Nicholson said, here is the key Mr. Diamond, go and take possession, to-morrow I will come and see how you get on.

Diamond's Defence. After every arrangement as I thought, I agreed to give him one hundred and seven pounds ten shillings, for the whole amount of every thing, there were stove, grates, counters, and every other thing, the counter is left behind now; the copper and other things, and a kitchen stove, which belongs to me at this moment, if I am obliged to pay the bill. The bill would have been honoured if I had been able to have gone about my business. When he delivered the key to me, he said, Mr. Diamond, here is the key, all that is in the house is yours, so it ended.

Q. Prosecutor. When you had agreed, and the several articles were put down, did it amount to one hundred and seven pounds ten shillings, without them goods, when you say were stolen - A. Yes.

Q. Did you tell Horphard that he might take the writing box, the butter, and all the things in the house, in order to make up one hundred and seven pounds ten shillings - A. No such thing.

HORPHARD, GUILTY , aged 43.

DIAMOND, GUILTY , aged 33.

Transported for Seven Years .

First Middlesex jury, before Mr.   Baron Graham .