4th December 1828
Reference Numbert18281204-48

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49. JOHN LANE was indicted for stealing, on the 13th of November , 4 gross of screws, value 21s. , the goods of Joseph Bennett and James Hunt , his masters.

MICHAEL KELLY . I am a labourer, and live in North East-passage. I worked with the prisoner at the St. Katharine's Docks - on the 13th of November he was at work, and left to go to breakfast; he returned at half-past ten o'clock, and I asked if he were coming to work - he said not till after dinner: I watched him, and a few minutes before twelve I saw him lay over the place where the screws were, lift up a paper, and tuck something under his frock; I went and told the foreman.

Cross-examined by MR. PHILLIPS. Q. Who is your foreman? A. He is here, but they were the property of Messrs. Bennett and Hunt. I was sober, and so was the prisoner.

WILLIAM LATHAM . On the 13th of November Kelly told me about some screws; I ran out, and overtook the prisoner - I turned him round, and took a paper of screws from under his smock-frock; I told him he must go back with me: he begged of me to let him go - I said he must go to the builder's office; he then wanted to go to the store-room, to put down what he had got, but I would not let him - the officer then came and took three other papers of screws from him; they are the property of Joseph Bennett and James Hunt - they had such screws there; we could not miss them.

Cross-examined. Q. Were they not the property of the St. Katharine's Dock Company? A. No; they are the property of Joseph Bennett and James Hunt , contractors for the work - I was not present when the contract was made; I have heard Mr. Bennett say so.

COURT. Q. Who employs you? A. Messrs. Bennett and Hunt; Mr. Joseph Hunt pays me, and sometimes a clerk in his name.

THOMAS HAYLOCK . I saw the witness with the prisoner a few minutes after twelve o'clock; the prisoner appeared sober - the witness had this paper of screws in his hand, and I found this paper of screws in the prisoner's hat, and these two papers in his trousers.

Cross-examined. Q. Is Mr. Bennett here? A. No, nor Mr. Hunt; I have seen them write their names - Mr. Joseph Bennett generally pays me; I know they are the contractors - I have seen the agreement in the clerk's office; Mr. Bennett was before the Magistrate, but was not bound over - the prisoner had been in constant employ about twelve months.

The prisoner received an excellent character.

GUILTY . Aged 27.

Confined Six Months .

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