17th September 1817
Reference Numbert18170917-80
VerdictNot Guilty; Not Guilty; Guilty > lesser offence
SentenceDeath; Death

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1187. MACDONALD SMITH , THOMAS GUTTER-IDGE , SOPHIA MEYERS ,and MARY TURTON were indicted for burglariously breaking and entering the dwelling-house of Thomas Smith , about two in the night of the 13th of July , with intent to steal, and bruglariously stealing therein, three spoons, value 1l.; one glass,value 1s.; 6lbs. of bacon, value 2s.; 26 shirts, value 2l.; three shifts, value 3s.; seven petticoats, value 7s.; three frocks, value 3s.; one habit-shirt, value 1s.; one veil, value 2s.; one pair of trowsers, value 6d.; eight handkerchiefs, value 5s.; one apron, value 6d.; two bed-gowns, value 1s., eight caps, value 2s.; one pocket,value 6d.; four pinafores, value 2s.; and five pair of stockings, value 5s., his property; one hat, value 2s., the goods of William Fry ; and one tea-caddy, value 2s. , the goods of Mary Ann Hill .

MR. THOMAS SMITH . I keep an academy at Gordon House, Kentish-town, in the parish of St.Pancras .

ELIZA BELL . I am servant to Mr. Thomas Smith . On the 13th of July I went to bed between ten and eleven o'clock, and secured the back and front doors; I did not look at the windows; I was the last up. About three o'clock in the morning, I was alarmed by my fellow-servant, she was up before me. I went down below, and found the shoe-room window, which looks into the backyard, open-it was day-light; I missed the articles stated in the indictment out of the laundry, which communicates with the shoe-room. I had seen them safe the night before.

MR. THOMAS SMITH re-examined. The house appeared to have been entered by putting the sash of the shoe-room window down; I observed it at three o'clock in the morning. I do not know whether it was fastened the overnight or not; there were no marks of violence on it. There is a private bolt, which goes across the laundry-door-it goes by the kitchen-door, through the wall, into the laundry-door; it is impossible for any one to enter the laundry without getting the bolt out. I found the crossbolt on the ground in the kitchen-the kitchen and laundry-doors were open, and one of the back-doors, which goes out of the laundry. We were not alarmed till the servants came down in the morning to wash. Mr. Fry is one of my assistants. All the things were taken out of the laundry. The property was worth four or five pounds at the lowest.

NEHEMIAH SMITH. On the 13th of July, between four and five o'clock in morning, I was coming-from Kentish-town to Covent-garden-market, and met Mr. Smith's son, he told me if I met the prisoner (he described Macdonald Smith), to apprehend him; about half-past seven o'clock, as I returned from Covent-garden, I met the prisoners, Gutteridge and Smith, at the end of Pancras-street, Tottenham-court-road, each of them had a bundle - I stopped my cart, got down, and asked Smith what he had got in the bundle? he said he had his clothes. I told him they were stolen, and he was my prisoner, and I must apprehend him. He attempted to run away; I overtook. and secured him with the bundle. Gutteridge ran away with his bundle. As I was taking him to the watch-house, I met Squib. We took him to a public-house, and took two silver table-spoons, one tea-spoon, a knife, a rummer, and the hat-lining from his pocket.

GEORGE SQUIB . I am the watch-house-keeper. On the 13th of July, I was in Tottenham-court-road about half-past seven o'clock in the morning; I saw a crowd at the end of Pancras-street, I went up, and found Smith had the prisoner, Macdonald Smith, in custody, with a bundle - I took charge of him, and as soon as I got hold of him he shifted about, as if he wanted to get rid of something. I took him to a public-house, and found two table-spoons and one tea-spoon in his breeches-pocket, and a glass and a hat lining in his coat-pocket.

JAMES LEGGAT . I am a tailor. On the 13th of July, I was returning from the city to Kentish-town about half-past seven o'clock in the morning, and met the prisoners,

Smith and Gutteridge, with each a bundle in their arms, and Smith had a hat in his hand - I knew nothing of the robbery - They passed me and walked on-when I got to Kentish-town I met the officer, Smith, he gave me information - I told him what I had seen and went in pursuit of the prisoners, we met Mr. Nehemiah Smith who said he had taken one; I returned to the public-house and could not find Gutteridge; the prisoner, Smith, told us at the watchhouse where to find the bundle - I went to a field at the back of Mr. Smith's house, and found a bundle secreted in a hollow tree as he had directed us, it was not either of the bundles which I had seen on the prisoners before.

WILLIAM JEFFERSON . I am an officer. From information which I received, I went to No. 1, New-street, St. Giles's, and found the prisoner, Gutteridge, there, he had a hat on his head and a handkerchief in it-there was another hat on the chair, and an empty bag in his pocket-there were two hats in the room - I asked him which was his, he said the one he had on - I took him to the office, leaving Morris in the room - I returned again and found the prisoner, Turton, there; and while I was searching the room the prisoner, Meyers, came in; Morris searched her and took a duplicate from her; and found a child's spencer, a pair of stockings, and an handkerchief in a box which Turton said was her box; I told her what I was looking for, she said she had no more of the property, I asked her what she had done with it, she said she sold it to a woman at a public-house-door, and she did not know who she was - I asked her what she had done with the money she said she bought some bacon and greens; I afterwards heard some bacon had been stolen from Mr. Smith's, I went back to the lodgings and brought the bacon away, and found a pair of shoes and gaiters in the room which the prisoner, Smith, said were his; as Meyers was being searched she took the duplicate out and put it on the table.

BENJAMIN MORRIS. On the 14th of July, I went with Jefferson to No. 1, New-street, St. Giles's, and apprehended Gutteridge there - I staid there while Jefferson took him to the office-the two female prisoners came in - I found a duplicate in Meyers's hand - She said it was for a shirt which she had pledged.

JOHN MURRAY. I am a pawnbroker. The prisoner, Meyers, pledged a boy's shirt, for 2s.6d., at our house on the 13th of July.

WILLIAM FRY . I am assistant to Mr. Smith. I missed my hat the same morning - I am certain all was safe the overnight in the passage-the lining of the hat is mine, the hat found is also mine, the lining is cut out of it.

(Property produced and sworn to.)

GUTTERIDGE'S Defence. I was going to work and found them in the fields.

SMITH'S Defence. It is as he has said, I gave the shirt to Meyers thinking it belonged to Gutteridge.

SMITH - GUILTY. - DEATH . Aged 19.




Of stealing in the dwelling-house, but not of the burglary .

Recommended to mercy.

First Middlesex Jury, before Mr. Baron Graham.

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