15th January 1817
Reference Numbert18170115-197
VerdictNot Guilty

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345. HENRY WHEELER and WILLIAM MURRAY , were indicted for stealing, on the 13th of January , one set of chaise harness, value 1l. , the property of Serach Atkinson .

SEARCH ATKINSON. I am a plaisterer , and live in New court, Chapel-street, Westminster . On the 13th of January, between six and seven o'clock, I missed my harness from my passage, where it usually hung. My brother had it out that day. That is all I know.

JAMES GILLMORE. On Monday evening, the 13th of January, the prosecutor came to me, stating that he had lost his harness, and who he suspected to have stolen it. About twenty minutes afterwards the prosecutor came to me with part of the harness, (the collar and traces), after that he sent for me to take Murray into custody-which I did. I went with Murray to Wheeler's house, and took him into custody. Wheeler's friends threatened to prosecute Murray, for inducing Wheeler to commit the robbery. The next morning the prosecutor brought me the other part of the harness, which he said, in the prisoner's presence, was delivered to him by Wheeler's friends.

(Property produced and sworn to.)

ATKINSON re-examined by the Court. I got the harness from Murray. I had seen him that night. I do not know where the harness hung up that night. I do not know where it was.

Q. Did you never say, it hung behind the street door in the passage - A. I might. I do not know that it did

Q. Will you swear that it was not hanging there - A. I do not know. I did not see it there at all. I did not see it there that day; my brother had it out.

Q. Did you not tell the magistrate, that it hung up in the passage leading to the street - door, and that the prisoner must go through that passage to go out - A. I do not know. I suspected Murray, by his calling on me; I missed it about half an hour afterwards. I had not seen it that evening.

Q.After you had seen Gillmore, where did you go to - A.Into Tothill-street, to Murray's, he is a harness-maker, Wheeler was selling the harness there.

Q. How came you to tell me that you knew no more about it - A. It did not strike me then; I met him at this end of Tothill-street, the sadler's is in the middle.

Q. Will you swear he was at the end of the street - A. Yes.

Q. How came you to swear that Murray was waiting at the other side of the street - A. Wheeler gave me part of the harness, and brought the other part home.

Q. Why did you not tell me this story before - A. I do not know.

Q. Is what you swore before the magistrate true or not? which story do you stick by, what you swore before the magistrate, or what you say here - A. I stick by what I say here.


Second Middlesex Jury, before Mr. Recorder.

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