16th February 1814
Reference Numbert18140216-66
VerdictsGuilty > lesser offence; Not Guilty
SentencesNo Punishment > sentence respited

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252. GEORGE SMITH was indicted for burglariously breaking and entering the dwelling-house of Alexander Jardine, about the hour of nine in the night of the 9th, February , and stealing therein, a pair of shoes, value 10 s. the property of Alexander Jardine ; and ELIZABETH WAYTE , for feloniously receiving on the same day the same goods, she knowing them to be stolen .

ALEXANDER JARDINE . I am a shoemaker ; I live at 63, Sun-street, Bishopsgate-street . I rent the whole house.

Q. Did you lose a pair of shoes any time - A. Yes, on the 9th of February, about nine in the evening; at that time I was in the act of serving a customer; I heard the window make a great crash. I went to the door, and saw the people had gathered round the window that had been broken.

Q. Are you sure the window was whole before that - A. There was a bit broken out at the bottom; it would admit a finger. The window was whole otherwise than that.

Q. Was the hole large enough to draw a pair of shoes through - A. No, it was not.

Q. How lately before had you observed it - A. I was before it almost all the evening. We examined the shoes immediately, and found some shoes were gone from the window.

Q. Before you heard this crush was there any shoes near enough that by breaking that pane of glass any person might draw them out - A. Oh, yes. There was one pair taken away, and the second pair I found on the pavement opposite of where the glass was broken.

Q. Then one pair had been carried away, and the other pair had dropped on the pavement - A. Yes, close under the window.

Q. Did you see any person near when you came out - A. I did not see them that did it.

Q. Did you recover your shoes again - A. Yes, the next morning, between nine and ten o'clock. Elizabeth Wayte brought them to my shop. The boy was in custody then. I went to Elizabeth Wayte 's house the same morning. I saw her. It is a house where they buy old iron and rags. I asked her if she knew any thing of a pair of shoes she bought last night. She seemed confused, and desired me to come in. She acknowledged she had done wrong, and begged me to excuse her. I told her I did not know it was in my power to do so; the boy was in custody. In about half an hour after that she brought me the shoes.

Q. Your house is in Sun-street, in the city of London - A. Yes. Elizabeth Wayte 's house is in Holywell-street, Shoreditch; that is in the county of Middlesex.

JOHN SALMON . I am a servant to Mr. Jardine. I went to look after those that had done the depredation; I met the prisoner, George Smith , in Half-moon-street, about a quarter of a mile from our house. I asked him whether he had got the shoes; I told him he had better tell me who had got them. He took me to Mrs. Wayte's shop; I told Mrs. Wayte the boy said he sold the shoes there for two shillings; she denied it. The boy said to her, you did, and I brought you a loin of pork to sell, you would not give me my price for it. I went away. She said she had not bought the shoes; the boy said she had.

SMITH, GUILTY, aged 11.

Of stealing, but not of breaking and entering the dwelling-house.

Judgment respited .


London jury, before Mr. Common Serjeant.

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