16th September 1812
Reference Numbert18120916-5
VerdictGuilty > lesser offence

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628. WILLIAM MOTH was indicted for burglariously breaking and entering the dwelling-house of Mary Tyler , widow , about the hour of twelve, on the night of the 25th of July , and stealing therein a cloak, value 5 s. two pair of stockings, value 2 s. and a basket, value 1 s. the property of Mary Tyler . A gown, value 6 s. and a pelisse, value 5 s. the property of Catherine Tyler ; and a pelisse, value 5 s. the property of William Tyler .

ANN TYLER. I am the wife of William Tyler . We live in the parish of Isleworth , in my mother's house, Mary Tyler . She is a widow.

Q. Was your husband at home - A. No; he went

out about nine o'clock. We went to bed before he came home. Before I went to bed I saw that all the house was safe; the door was latched safe; I tried it. We went to bed just after eleven o'clock. We left the door on the latch for my husband to come in.

Q. In the indictment there is a pelisse and different articles, and a cloak. Where were these things when you went to bed - A.They hung up behind the door of the second room; that room is on the ground floor, near the street door. I had seen them just before I went to bed The cloak was my mother's. One pelisse belonged to me. The gown and the other pelisse belonged to my sister, Catherine Tyler . Before my husband came home I heard the street door open about a quarter before twelve, and I heard a walking about in the room where these articles were, as if the person was walking on his toes. I heard the door open. I heard a creaking. My husband came home about a quarter past twelve; that was not many minutes after I heard the door open.

WILLIAM TYLER . I live in my mother's house at Isleworth. On the 25th of July I returned home. It had gone twelve. I saw the prisoner near Brentford bridge, as I was coming over the bridge. He was coming as if from my mother's house. The bridge is about an hundred yards from my mother's house. He asked me which was the nearest way to Acton. I told him.

Q. Did you know him before - A. No. I proceeded home. I found the door open. I went to my wife She said, she heard somebody in the house. She asked, if it was me. I searched the house, and missed the things from behind the door, two pelisses, a black gown, and a cloak. I pursued after the man. I overtook him about three quarters of a mile from the house.

Q. When you saw the prisoner about an hundred yards from the house, did you see whether he had a bundle or not - A. Yes. I overtook him in Brentford. I asked him, if he would let me look in the bundle. I told him, I thought it was some property belonging to me, or my friends. He made no answer, but knocked me down. I got up, and followed him. He knocked me down five or six times, and kicked me when I was down. A man of the name of Smith came to my assistance.

Q.Before Smith came up, did he say any thing to you - A. He said, he would murder me if I did not loose him. I hung to him. I had hold of him each time he knocked me down. He extricated himself each time from me. Then I got up and pursued him again, and upon Smith coming up he was taken in custody. Smith examined the bundle he had. It contained two pelisses, a black gown and a red cloak. There was a basket and two pair of stockings thrown over the bridge. The watchman found them. These things were given to Addely, the constable, the same night.

Q. Are you sure that the same man that you afterwards stopped, was the same man you spoke to when you were going home to your mother's house - A. Yes.

WILLIAM ADDELY . I am a constable of Brentford. I was called up to take charge of this man. These things were delivered to me by Tyler; two pelisses, a black gown, and a red cloak. They have been in my custody ever since.

Mrs. Tyler. This is my pelisse; this is my mother's cloak; the black gown is my sister's, and this pelisse.

Prisoner's Defence. I picked up these things as I was coming through Brentford. I was going to Deptford to see my daughter

GUILTY, aged 36,

Of stealing only .

Transported for Seven Years .

First Middlesex jury, before Mr. Justice Bailey.

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