13th May 1812
Reference Numbert18120513-3
VerdictGuilty > lesser offence

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432. HYMAN FRANKS was indicted for feloniously stealing, on the 8th of May , seven hats, value 12 s. the property of Richard Smith , privately in his shop .

RICHARD SMITH . I am a hatter ; I keep a shop, No. 40, High-street, in the parish of St. Paul's, Shadwell .

Q. to Mr. Shelton. How is it in the indictment - A. It is in the parish of St. George in the indictment.

COURT. Then there is an end of the capital part.

Smith. I keep a hatters shop.

Q. Were you in the shop on the 8th of May - A. Yes, I was in the shop on that day at five o'clock in the evening; I left the shop at that time, I returned home at ten o'clock at night; the shop was shut up and I went to bed; in the morning I was informed that previous to my coming home the shop had been robbed, and I found there had been thirty hats missing the next morning.

GEORGE ORDLEY . I am the patrol. On Thursday night, the 7th of May, about half past nine, I was going on to patrol, I heard a shop in my beat had lost two hats.

Q. What, Mr. Smith's shop - A. No, another in St. George's parish, and in going round my beat I met the prisoner with some hats under his arm; I asked him what he had got; he did not tell me; I said, you have got hats; I told him there had been some hats stolen that night, I must take him to the shop, and see if them were the hats that they had lost; he said he would go with me, he had them of one Mr. Franks. In walking along with me he tried to make his escape, I ran after him, and stopped him, and took him and the hats that he had with him to Mr. Sheppard, who had lost two hats; Mr. Sheppard said they were neither of them his.

Q. How many hats were there - A. Seven. Then I took him to the watchhouse, and gave charge of him, and left the hats at the watchhouse till the morning in the charge of Mr. Jackson, the beadle. I am sure the prisoner is the man.

THOMAS JACKSON . I was the beadle of the night. On Thursday last Ordley brought the prisoner into the watchhouse about ten minutes before ten; he brought seven hats with him, I kept the prisoner in custody till the next morning; I took the prisoner and the hats before the magistrate; Mr. Smith came forward the next day and claimed the hats. The prisoner said that a boy went into the shop, took the hats, and gave them him to carry. The hats have been in my possession ever since.

Prosecutor. They are all my hats; I know them by the finishing of them.

Prisoner's Defence. I was never in a court before my life; I was never out after ten o'clock at night, and nothing of this kind ever happened to me before.

GUILTY, aged 17,

Of simple larceny .

First Middlesex jury, before Mr. Baron Graham.

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