The Proceedings of the Old Bailey

 

1086.   WILLIAM HYDER was indicted for stealing,

on the 5th of May , 1 Port wine pipe, value 13s. , the goods of   Thomas Scarborough .

THOMAS SARBOROUGH. I am cellarman to a wine-merchant , and live in Brewer-street, Borough. This Port wine cask was on some ruins where there had been a fire some time ago; I had leave to put it there with several others - it is an open place. I saw the pipe safe on the morning of the 5th of May: I have known the prisoner a long time; he was jobbing as a wine porter . I found the pipe the same evening, at Mr. Osmond's warehouse, and knew it by its general appearance; I had no mark on it: the place was locked up at night, but was open all day.

  THOMAS SCARBOROUGH, JUN. I am the prosecutor's son, and am fourteen years old. I saw the prisoner on the morning of the 5th of May, about twenty yards from the pipe; I had not known him long - I saw him again about half-past four o'clock the same afternoon, rolling the pipe towards Fish-street-hill; I did not then know it was my father's; I asked where he got it from - he said he bought it of a man named Kennett, on Dowgate-hill; Kennett is a wine-cooper. I then went to Kennett - the prisoner was not present; in about a quarter of an hour afterwards I saw the pipe at Osmond's, in Little Tower-street, and am certain it is the same I saw the prisoner rolling; I knew it as there were the same number of hoops off it at one end.

  EDMUND OSMOND . I bought a Port wine pipe of the prisoner on the 5th of May, between four and five o'clock in the afternoon; it was claimed in a quarter of an hour by Scarborough; I had frequently bought pipes of the prisoner, under an impression that he dealt in old casks - none of them were ever claimed before. I gave him 12s. for this, which is the usual price.

  THOMAS KILBY . I am a constable, and took the prisoner in charge; he said he bought the pipe of a man on Dowgate-hill - that he did not know him, but could point him out; I went with him there, but he could not find the man. I know Kennett - he lives five or six doors from the end of the street; he did not mention his name, but said he bought it of a man in the street.

Prisoner's Defence. I bought it on Dowgate-hill; I was rolling it along - Scarborough's son asked where I bought it, and I told him near Kennett's house.

THOMAS SCARBOROUGH, JUN. I did not apply to Kennett to come here; I am sure the prisoner said he bought it of Mr. Kennett.

JURY. Q. How do you know the pipe? Is it branded at all? A. No; when I saw him with it it was very little dirty; it was a very muddy day, and he could not have rolled it far without getting it muddy - if he had brought it from Dowgate-hill it must have been much dirtier; I had noticed the hoops being off at one end when I saw it on the ruins, and in the same state as when he was rolling it.

THOMAS SCARBOROUGH. I am certain it is the pipe which I lost; it had stood on the ruins for a week - I had no other there like it; nobody else puts casks there.

GUILTY . Aged 47.

Confined Two Months .