9th April 1829
Reference Numbert18290409-134
VerdictGuilty > with recommendation

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813. THOMAS GILL was indicted for stealing, on the 15th of March , at St. Andrew, Holborn , in the dwelling-house of Daniel Stubbs , his master, 1 tin-box, value 5s.; 1 pair of ear-rings, value 2s.; 3 rings, value 20s.; one 30l. and two 5l. Bank notes; 1 bill of exchange, for payment of and value 69l. 17s. 6d., and 1 order, for payment of and value 15l., his property ; against the Statute.

DANIEL STUBBS . I live at No. 49, Fleet-market , and am a linen-draper ; my shop is part of my dwelling-house, and is in the parish of St. Andrew, Holborn; the prisoner came into my employ as shopman , about the 17th of September - I had a character with him. On the 15th of March my cash-box contained a cheque for 15l., two 5l. Bank notes, a 30l. Bank note, and about 9l. in sovereigns and half-sovereigns; a bill of exchange for 69l. 17s. 6d., five gold rings, a silk purse, and a canvas bag; I had seen my cash-box safe on the evening of the 14th, locked up in an iron safe, and I had the key in my pocket; I left home about nine o'clock on Sunday morning, the 15th, leaving the key of the iron safe in my coat pocket, and the coat was in the bed-room - the prisoner slept in the house, on the floor above my bed-room; at the time I left my house every thing appeared as safe as it did the night before; I returned about a quarter-past nine o'clock in the evening; when I rang the bell the servant maid and the prisoner opened the door to me - the servant said Mr. Jackson, a neighbour, had been and said some glass had been broken; I went and looked over the house, and found the sky-light at the back part of the shop broken - the opening was not large enough to admit the body of a man or boy; I am quite certain no person could have got through there - I immediately looked at the iron safe, and found the door of it open, and immediately missed the cash-box; I am certain the door was locked the night before, and I had not unlocked it - I had not seen it on Sunday morning; there was no key in it - I looked at the desk, which was safe overnight, and that was broken open; I had a key of the safe in the desk, and another in my pocket - I found the one in my pocket, and the other was in the desk, where I had left it; if it had been used to the safe it had been put back again - no violence was used to the safe; it must have been opened by a false key, or the key from the desk - neither the prisoner nor the servant

appeared to know any thing about it; on the Thursday following one of the 5l. notes was returned to me (which I had taken of Mrs. Cundy) - it was brought to me by one of Whitbread's men; I knew it to be one of the notes in my cash-box - I had put Cundy's name on it when I took it; it was in my own writing; I made further inquiry that same day (Thursday, the 19th,) and charged the prisoner with this offence about two o'clock; I found the remainder of my property in Union-street, in Mrs. Holland's house; the prisoner gave me a written order to Union-street - the order was sent by Mr. Glanville, who brought the property back; I saw the prisoner write the order - Glanville brought back to me the greatest part of the property, a pair of ear-rings, three gold rings, a bill of exchange for 69l. 17s. 6d., a cheque for 15l., a 30l. Bank note, and some gold and silver, but none of the 5l. notes; I know all the property to be the same as was safe in the cash-box on the Sunday morning.

Cross-examined by MR. RICHARDSON. Q. How long had he lived with you? A. Nearly six months; he came with as good a character as I ever wish to have, and he had been in my service before - I put great confidence in him; I charged him with the offence on the 19th, but the officer had taken him before the Magistrate on the Tuesday before, as he suspected him; but he was not charged with it till the Thursday; I had written the name on the note myself - I do not know on what day I received it.

HANNAH HOLLAND . I live at No. 4, Union-street, East-lane, Walworth. I have known the prisoner eighteen months; he used to lodge with me when he was not in a situation - he brought a parcel to my house on Sunday, the 15th of March. between six and seven o'clock in the evening: I did not know the contents - he left it with me - he put the parcel carelessly on the table; I moved it on to a chest of drawers; I parted with it on the Thursday afterwards to Mr. Glanville, who brought a note from Gill for it; my mother gave Martin the note, but not in my presence - (looking at it) this is the note; I believed it came from the prisoner - my mother gave up the parcel to Glanville in my presence: it contained a Bank note I believe, and some rings and papers; when he came to me on the Sunday he asked me if I could get him change for a 5l. note, and he gave me one; I went out, but could not get change; I returned it to him, and he took it away with him - he left our house that evening, and did not come again.

Cross-examined. Q. Are you quite certain it was the same parcel as he left on Sunday? A. Yes; I was at home when it was left, and when it was taken away - he did not tell me the contents; he has lodged with us several times - we considered him honest and upright; we never knew any harm of him.

ROBERT GLANVILLE . I was at Stubbs on the Thursday, and saw the prisoner write an order, which was delivered to me - it directed me to Holland's; this is the order he delivered to me - (read)

MRS. HOLLAND, - Please to deliver to bearer the parcel I left on Sunday night, T. GILL.

49, Fleet-market, March 19, 1829.

I went there, produced the note, and the parcel was delivered to me by the mother, in the daughter's presence - the mother opened it in the daughter's presence; I found it contained a cotton pocket-handkerchief, three silk handkerchiefs, one silk purse, three gold rings, one pair of ear-rings, a bill of exchange for 69l. odd, a promissory note, a 30l. Bank note, and a cheque on the Bank of England for 15l.; I afterwards took the parcel and contents to Stubbs, who claimed them all - the prisoner was not present; they are in Martin's hands.

REBECCA PHILLIPS . I lived at the Crown public-house, Redcross-street. I know the prisoner, and saw him there on Sunday, the 15th of March, about ten or eleven o'clock in the morning, and saw him there again in the evening - he called for a glass of ale, and asked me to get change for a 5l. note; I could not give him change, and I got it from Mr. Hochkin. at the Fountain public-house, Redcross-street - I am certain I gave him the same 5l. note as the prisoner gave me: I returned him the change - I made no mark on it; I did not look at the note, but I received 5l. for it, which I gave the prisoner- I was examined about this on the Monday following; I had often seen the prisoner before, and knew him.

WILLIAM HOCHKINS . I keep the Fountain, Redcross-street. On Sunday, the 15th of March, Phillips brought me a 5l. Bank note; I gave her change for it - I paid the note to Mr. Whitbread's house: I had marked Mr. Kilburn's name on it - he is Phillips' master; I wrote it in ink - I saw the note at Guildhall, when the prisoner was under examination, and was quite sure of it - (looking at a note produced by Martin,) this is the very note.

Cross-examined. Q. Have you frequent dealings with Kilburn? A. We occasionally change for each other - very seldom: it was not in my possession many days.

JOSEPH MARTIN . I am an officer. I received this 5l. note from Mr. Stubbs, with the rest of the property, at Guildhall - he claimed it as his property; I have a 30l. Bank of England note, a cheque for 15l., a bill of exchange for 69l. 17s. 6d., another bill for 27l. 16s., a pair of ear-rings, three gold rings, a purse, a cotton handkerchief, three silk handkerchiefs, and a cash-box; I had the cash-box from the person where the parcel was left - it was stated to have been picked up half a mile from the place; the prosecutor does not positively speak to the box.

DANIEL STUBBS . These several bills, notes and cheque, ear-rings and three gold rings, I am certain are all mine, and such as were safe in my box; I cannot speak as to the handkerchiefs and purse, but I had such a purse in my cash-box - I received these things from Glanville, except the 5l. note, which I had from one of Whitbread's men; I am certain it was in my safe.

Two witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 22.

Recommended to mercy by the Prosecutor and Jury, on account of the sudden temptation and previous good character, the prosecutor stating that he was left alone in the house .

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