16th April 1817
Reference Numbert18170416-77
VerdictGuilty > theft under 40s; Guilty > theft under 40s

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614. ROBERT SWINTON and JOHN DAY were indicted for stealing, on the 3d of April , fourteen yards of woollen cloth, value 4l., the property of Edward Smith , in his dwelling-house .

PETER MOORE . I live opposite Mr. Smith's, at Camden Town . I saw the two prisoners between four and five o'clock in the afternoon of the 3d of April. Swinton went to the door, and Day went back, which made me suspect them. I saw Swinton open the door, and go in-Day went in after him-they came out without any thing, and went about twenty yards from the house - They talked together for a few minutes, and then went back to the house-Swinton opened the door, and went in-Day followed him-Swinton went round, and took the cloth out of the window - He laid it down on the counter, and stopped a minute or two, and then took it up-they both came out-nobody was in the shop. The first time they went in, somebody answered them, and they came out - I ran over to them-Swinton threw the cloth down, and ran off - I caught Day-Dixon, who was with me, pursued Swinton, and took him - I am sure they are the boys.

THOMAS DIXON. I saw the prisoner go into the shop, and Swinton took the cloth, and laid it on the counter for a minute - He then took it up, and came out with it under his arm. I pursued them, and saw Swinton throw it down - I secured him before I lost sight of him.

(Property produced and sworn to.)


DAY - GUILTY . Aged 12.

Of stealing to the value of 39s. only.

Transported for Seven Years .

First Middlesex Jury, before Mr. Common Sergeant.

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