15th September 1825
Reference Numbert18250915-253
VerdictGuilty > lesser offence

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Before Mr. Justice Gaselee.

1477. EDWARD TAYLOR was indicted for stealing, on the 19th of August , a watch, value 10 l.; a chain, value 2 l.; a seal, value 1 l.; a ring, value 5 s.; an opera-glass, value 1 l., and six sovereigns, the property of Pedro De Aycinena , in the dwelling-house of John Pagliano .

PEDRO DE AYCINENA. I am a native of South America, and resided at Pagliano's hotel, Leicester-square . I went to bed a little before twelve o'clock on the 19th of August, and left my watch on the table of my bed-room, near my bed side, with six loose sovereigns - an opera-glass was on the drawing-room table, on the same floor as my bed-room. I was awoke about a quarter past five o'clock in the morning, by a noise in my bed-room, and saw a man going out of my bed-room; I got up, went to the porter of the house, and told him not to let any body out, because I was robbed, and in about two hours Clements produced my property.

CHARLES PAGLIANO . I am assistant to my father, John Pagliano, who keeps this hotel, which is in the parish of St. Martin in the Fields . On the 19th of August the prisoner had a bed at the hotel, for that night only, on the third floor. In consequence of this complaint I went about seven o'clock for a constable - Clements came - we searched two or three person's things, and then went into the prisoner's room, and informed him that a robbery had been committed in the house, and requested him to allow us to look over his things - he intimated that he had no objection - the officer looked over them all - we did not discover any thing then, and we both left the room. I was called up to his room in four or five minutes, and when I went up I found the officer and one of our porters in the room; the officer had the watch; I saw him find the chain, seal, and key in one of the prisoner's pockets, and the opera-glass in the other.

Cross-examined by MR. ANDREWS. Q. What are your father's Christian names? A. John Baptiste Pagliano. - Slade and Rudolph are the porters; they do not sit up at night; Louis, the water, sat up that night. I think the porter was not in the room the first time we searched; the officer could not have searched thoroughly; it was myself who suggested his going in again.

Q. What was done at the first search? A. Clements took hold of the coat; whether he put his hands into the pockets I do not know - I believe he felt the pantaloon pockets - whether he examined the bed I cannot say.

COURT. Q. Had the prisoner any boxes in the room? A. No. The prisoner was up each time, and had his trousers on - he was washing himself the first time; his coat was upon a chair.

WILLIAM CLEMENTS . I am a constable. On the morning of the 20th of August, I was fetched - I searched the two porters' rooms and their persons first, and all over the lower part of the house - after that, I went into the prisoner's room, he was up and partly dressed; Mr. Pagliano said, "Sir, there has a disagreeable circumstances occurred; there has been a robbery committed in the house;" the prisoner said, "I am very willing to go to Bow-street;" I turned down the bed clothes, could see nothing - I stooped down, felt in his coat pockets - I put my hand inside the pocket, and found nothing - I went out of the room with Mr. Pagliano, talked together, and not being

satisfied, I went into the room again; the porter went in with me - I had not left the room three minutes, and did not go from the bed-room door - no body could have entered without my seeing them - I went in first, the porter came in, and put his back against the door - I took the bed clothes off singly, and shook them, and between the second and third mattress, I found this gold watch - I asked the prisoner, if it was his, he said, No; his coat hung on the door where I had hung it before - I stroked it down outside, and found a hard substance in one of the pockets - I turned it up, and found the corner of the pocket tied up outside with a bit of tape - I untied it, and found the opera glass - I found the corner of the other pocket tied very tight, and there found the gold chain, seal, and key - I searched his breeches, pocket, and found three sovereigns, and some other money - I asked what he had done with the other three sovereigns, as the gentleman had lost six - he said, he dropped the other three going up stairs.

Cross-examined. Q. Did you keep yourself in sight of the bed-room from the time of the first search to the second? A. I did - Mr. Pagliano did not stay with me - I told him to send one of his porters up - the porters could not have any thing about them when I searched them - he only stood by the door, to prevent his going out; he did not touch the bed - nobody was in the room the first time, but I and Mr. Pagliano.

(Property produced and sworn to.)

Prisoner's Defence. I know nothing of the loss of the property - I gave my coat out to the porter to brush - he brought it up, and came into my room about six o'clock in the morning - the money found on me is my own.

CHARLES PAGLIANO re-examined. The person who set up at night is not here - it would be either Slade or Rudolph's duty to brush the prisoner's clothes - Slade had to go to the Custom-house, that morning - he was before the Magistrate, but not examined.

GUILTY. Aged 18. Of Stealing, but not in the dwelling-house .

Transported for Seven Years .

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