THOMAS MERRY, ROBERT SAMME.
20th February 1822
Reference Numbert18220220-75
VerdictsGuilty
SentencesTransportation

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400. THOMAS MERRY was indicted for stealing, on the 11th of February , one sack, value 18 d., and four bushels of malt, value 30 s. , the goods of John Truman Villebois , and others, his partners; and ROBERT

SAMME was indicted for feloniously receiving the same, knowing it to be stolen .

SECOND COUNT, stating it to belong to John Taylor and Joseph Taylor .

TWO OTHER COUNTS, stating it to belong to John Bailey .

MESSRS. BOLLAND and BRODRICK conducted the prosecution.

THOMAS SKITTRELL . I am wharfinger, to Mr. John Bailey , of Stamford-hill. On Thursday, the 11th of February, some pale malt, which had come from Mr. Taylor, of Bishop Stortford, was carted from our wharf, to Messrs. Hanbury's brewhouse; the sacks were marked I. T., and the barge had his name on it. Twenty-six sacks or thirteen quarters, were put into a cart which the prisoner, Merry, drove. I gave him a delivery ticket; it was about six o'clock in the morning, and he had another load of the same quantity between eleven and twelve o'clock.

Cross-examined by MR. ANDREWS. Q. Was it your duty to see the cart loaded - A. Yes; I assisted in carting, and stood within seven feet of the barge - he loaded his own cart, and did not complain that his number was not right - we count the sacks in the cart.

WILLIAM MOORE . I am servant to Mr. John Bailey of Stamford-hill. I assisted in loading Merry's cart; he had twenty-six sacks each time, and stowed them in the cart himself - we can tell by the bulk how many there are.

Cross-examined. Q. Did you observe him look at his delivery ticket - A. No.

WILLIAM BACK . I am in the service of Mr. John Truman Villebois , there are four other partners. In consequence of information which I had, I went into the loft of the brewhouse, at Spitalfields, and saw the carts come in, about a quarter past three o'clock. Merry drove the third, there were only twelve quarters or twenty-four sacks in his cart - the delivery ticket was for twenty-six.

Cross-examined. Q. Do you know that he drove the third cart - A. I cannot say in what order they came.

THOMAS NEWMAN . I live near Birdcage-walk, Stamford-hill, and know Merry very well. On the 11th of February, between twelve and one o'clock, I saw him draw his horses up by the side of the water trough, at the White Hart, his cart was loaded with full sacks. I saw him take a sack out of his own cart and put it in an enclosed place - another man took a sack out of another cart, and put it in the same place - Merry saw him do it, they were together.

Cross-examined. Q. How came you there - A. I was coming along, and happened to see it. I know nobody at the White Hart, - I told Dibbin of it, only two carts stopped there. Samme is hostler there.

THOMAS DIBBEN . I am storehouse-keeper at Messrs. Trueman and Hanbury's brewhouse. I applied to Armstrong, and between twelve and one o'clock saw Merry drive his cart in with three others, driven by Dearman, Nichols, and Tyler. Merry drove the third, and I believe his was the third that was unloaded. Here is the delivery ticket which he gave me - it is for thirteen quarters, and only twelve came. I went up to Merry, and asked him if he had not some sacks concealed about him. He said,

"I have a sack." I put my hand round him, and felt one under his clothes, marked J. T., which is Taylor's mark. I took Dearman into custody, and while I was so doing, I observed Merry get into his cart, and doing something to the sacks; he came down - I gave him in charge of Armstrong, then got up in the cart, and found an old great coat pressed between the sacks of malt where I had seen him, and in the coat was another sack, marked J. T. I asked if the coat was his - he said it was not; but he supposed some person must have thrown it in the cart. I went with Armstrong to the White Hart, Newington, kept by Chapman, and found young Armstrong there, talking to Samme. Armstrong, Sen., asked him if he had had any malt in there that afternoon, pointing to the storehouse; he said he had not. Armstrong said,

"You must open the door, or I will break it open." Samme then took a key from his pocket, and undid the padlock. We there found two sacks of pale malt, one marked I. T., and a small quantity of pale malt in a third sack, and about two sacks shot in the bin.

Cross-examined. Q. Do you know the carmen. - A. Only by sight. I know Merry's was the third cart - I saw them come in.

Cross-examined by MR. ADOLPHUS. Q. You heard Armstrong ask Samme if he had any malt in that day. - A. Yes; we got there about four o'clock in the afternoon.

COURT. Q. Did the malt in the bin appear the same sample as that in the sacks. - A. They did.

JOHN ARMSTRONG . I am an officer. I was at the brew-house, and received charge of Merry, and found a sack round his body. Dibben gave me another. I took some more men in custody, then went to the White Hart, and found my son talking to Samme. I had a search-warrant in my hand - my son said,

"Have you, or is there any malt left here to-day." We then stood close to the storehouse door. I said,

"Open the door, or I'll break it open." He opened it, and I found two sacks, containing malt, near the bin, and a quantity in the bin. I instantly went and brought Chapman the landlord to him, and asked who rented that place of him; he said Samme, and that he paid him 5 s. a week for it.

JOSHUA ARMSTRONG . I am an officer. I went to watch the White Hart, public-house, I got there at two o'clock in the afternoon, and kept my eye on the storehouse till my father came up. I had seen Samme go to the storehouse three times, unlock, and lock it when he came out. When my father came, I went to Samme, and asked him who was the head hostler; he said,

"This is him," pointing to a man close by; but I knew he himself was head hostler, and said to my father,

"This is him" - and said,

"Have you had any malt left here to-day;" he said,

"No." We said. if he did not open the door, we would break it open. He opened it, and we found the malt. The landlord said Samme rented the place.

Cross-examined by MR. ADOLPHUS. Q. He went into the place several times. - A. Yes; and must have seen the sacks.

JAMES CHAPMAN . I keep the White Hart. Samme rented the stables of me, and attended to the horses which came. He had rented the shed where the malt was found two years.

Cross-examined by MR. ADOLPHUS. Q. Has he an hostler. - A. He has an assistant at times. I should call the prisoner head hostler.

WILLIAM BACK . I have examined the malt, and compared it with that brought in Merry's waggon; they are the same sample, colour, and quality - the sacks are the same sort.

MERRY'S Defence. I drove my cart to the trough, went in for some beer, and on coming out, the cart was gone.

SAMME'S Defence. I was not there when the malt was left. I went to dinner at half-past twelve and returned at a quarter before two o'clock, and found it there.

JOHN CLARK . I am a baker, and live at Stoke Newington. I was with Samme on the 11th of February, from five minutes pass one till five minutes to two o'clock. I was called up from bringing up the one o'clock dinners, and we went and had a pint of beer together in the tap-room, and saw Armstrong, Jun. pass the window while we were there.

MERRY - GUILTY. Aged 46.

Transported for Seven Years.

SAMME - GUILTY. Aged 28.

Transported for Fourteen Years.

First Middlesex Jury, before Mr. Common Sergeant.

401. HENRY NICHOLLS was indicted for stealing, on the 11th of February, one quarter of malt, value 3 l. the goods of John Trueman Villebois , and others his partners.

THOMAS SKITTRELL . On the 11th of February I saw the prisoner at Mr. Bailey's warehouse, at Stamford Hill. A quantity of malt had come from Taylor's to be sent to Messrs. Hanbury & Co.'s; sixteen quarters or thirty-two sacks were put in the prisoner's cart, between six and seven o'clock in the morning, and a delivery ticket was given him; he stowed them himself - the sacks were marked I. T.

THOMAS DIBBIN . I am storehouse-keeper to Villebois & Co. I was in the yard when the prisoner came with his cart of malt. I asked if he had any sacks concealed round his body, or if he had seen any malt dropped by the way; he said he had not, he had never stole a grain of malt in his life. His was the first cart that came in. I took him to Armstrong in the lobby; and, after being there a short time, he said he must go up the yard and put the nose-bags on the horses - I went with him. I had taken Dearman and Merry before that, which he knew. Church came up - I told him to point out the man who put the sacks under the manger; he said it was the prisoner; he made no reply. I had taken him about ten minutes after he came into the yard; he was very near the stable-door, and might have gone in many times without my noticing him - the stable-door was ten or twelve yards from the cart.

WILLIAM BACK . I am brewer to the prosecutors - the prisoner's cart came into the yard first - there were but thirty sacks, or fifteen quarters - the delivery ticket was for thirty-two sacks. Church gave me two sacks.

ROBERT CHURCH . I am horse-keeper at the brewhouse. I saw Nicholls come into the stable between one and two o'clock. I saw him take two sacks from under his smockfrock, and put them under one of the mangers - they were tied round his middle. I took them out and gave them to Dibbin in about half an hour.

(Sacks produced and sworn to.)

Prisoner's Defence. I was taken directly I stopped my horses.

GUILTY . Aged 28.

Transported for Seven Years .

First Middlesex Jury, before Mr. Common Sergeant.


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