29th May 1828
Reference Numbert18280529-14
VerdictsGuilty > theft under 100s; Not Guilty

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1090. JAMES BRENNOCK was indicted for stealing, on the 30th of April , 13 gross of buttons, value 10s.; 3 gross of hooks and eyes, value 3s.; 2 pairs of trousers, value 12s.; 1 pair of shoes, value 4s.; 1 pair of shears, value 7s.; 2 pieces of linen, value 2l.; 2 yards of cloth, value 1l., and 8 silver spoons, value 4l., the goods of John James Dolan and Lawrence Dolan , his masters, in the dwelling-house of the said John James Dolan ; and JOHN LOYNES was indicted for feloniously receiving the same, knowing them to have been stolen .

MR. PRENDERGAST conducted the prosecution.

LAWRENCE DOLAN. I am in partnership with my brother John James Dolan, and live in St. Martin's-lane . The prisoner Brennock was my errand-boy ; he had left us for a day or two - I sent to say I wanted to speak to him at nine o'clock the next morning; at which time he came. Lincoln the officer was waiting there, and asked him what he had done with the silver spoons - he said he knew nothing about them: I went away on business and Lincoln fetched me. The prisoner then took me down to the dust-hole, and told me the duplicates were there; he had told me a good many lies, and I said he had better tell the truth; he then made a statement, and took me to the dust-hole, where I found the duplicates of the silver spoons; after that he took us to the rag-hole, and in a bag under the rags were two pieces

of linen and a pair of shoes, which were mine; I saw the officer find this memorandum upon him, he told me I should find part of my property at Loyne's in Cleveland-street, Fitzroy-square; I went there with Lincoln and found in his shop some blue Artillery cloth - we are contractors for the Artillery corps, and nobody but ourselves have occasion for that cloth; it is made purposely for us - I also found some bone buttons, some hooks and eyes, two pairs of trousers, one pair of which he had made up for himself - I knew the cloth. Lincoln found a duplicate of some scarlet cloth which I believe was ours; a pair of our shears were also found - the goods were all found in the shop - Loynes came in just as we entered; he is a small tailor or piece-broker; Lincoln said he had a search-warrant - he made no reply to that; when we found the things, he said he had bought them of the boy - we had not mentioned any boy; he said the boy's father had been there that morning asking for work: I laid hold of a superfine coat in the shop; he said "That don't belong to you" but when I laid hold of the shears he seemed to nod assent to their being mine; whenever I touched anything that was not mine, he said"That don't belong to you." I had not mentioned my name, or even the boy's name; we only said we had a search-warrant - about thirteen gross of buttons were found.

Cross-examined by MR. PHILLIPS. Q. How long had Brennock been with you? A. He came about March last. When I sent for him he cried, and said he hoped I would not prosecute him; I said I would make no promise, but he had better tell the truth, because he was telling a parcel of lies; he cried and said he wanted to see his father.

Q. Did you not offer to take your oath that you would not prosecute him? A. No; I certainly said nothing about my oath - I said he might see his father, but did not say I would send for his father if he would give up the duplicates, or anything of the sort.

Cross-examined by MR. BARRY. Q. Did you know his father? A. Yes; he is a tailor and had worked for me many years; Loynes keeps an open shop - he made no objection to my searching; I found some of the things on the top of a cupboard.

JOHN LINCOLN . I an an officer. I went to Mr. Dolan's on the 30th of April, and saw Brennock; I asked if he knew anything of the silver spoons; he took Mr. Dolan to the dust-hole and they brought four duplicates; I found a memorandum on him - after Mr. Dolan had said he had better speak the truth I went with him to the rag-hole, he pointed out a bag containing two pieces of linen and a pair of shoes; he said he had taken a great quantity of things and disposed of them to Loynes in Cleveland-street - I went there with a search-warrant, Loynes came in at the same time with us; I told him I had a warrant to search for cloth and other things, and that there was a boy in custody - I did not mention either the boy's name or Mr. Dolan's. Mr. Dolan's evidence is correct; I got on a stool, and found the shears on the top of a cupboard - the boy said he had sold them to him for 4s. - Mr. Dolan said the blue cloth was made expressly to his order.

Cross-examined by MR. PHILLIPS. Q. Were you present when Mr. Dolan was speaking to the boy? A. Not all the time; I heard something about his father - as near as I can recollect, the boy said if he would send for his father he might say something; Mr. Dolan said nothing about taking his oath; or that he would not hurt him.

Cross-examined by MR. BARRY. Q. You told Loynes a boy was in custody? A. Yes.

RICHARD WINGHAM . I live in Grafton-street, Tottenham-court-road. I produce ten spoons, part of which Brennock pawned with me.

BENJAMIN BIRDSEYE REEVE . I am servant to Mr. Lowther, a pawnbroker of Tottenham-court-road. I have a piece of blue cloth pawned in the name of Loynes, and I believe by himself.

Cross-examined by MR. BARRY. Q. I believe he often pawned with you? A. I have seen him at our shop.

- MURPHY . I am in Mr. Dolan's employ; I heard the prisoner say, if Mr. Dolan sent for his father he would tell him about it - Mr. Dolan said he would make him no promises.(Property produced and sworn to.)

BRENNOCK'S Defence. Master said he would be on his oath that he would not prosecute, but would send for my father and settle it.

LOYNES' Defence. Whatever I bought of Brennock I considered as from his father - that cloth is used by tailors for padding coats.

BRENNOCK - GUILTY. Aged 14. Of stealing to the value of 99s. only .

Transported for Seven Years .


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