14th January 1830
Reference Numbert18300114-129
VerdictNot Guilty

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362. JAMES HUTCHINSON and SARAH EATON were indicted for stealing, on the 13th of December , 1 loaf of bread, value 4d.; 8lbs. weight of potatoes, value 4d.; 4 ozs. weight of beef, value 2d.; 4ozs. weight of mutton, value 2d.; 1lb. weight of cheese, value 2d., and 1lb. weight of dripping, value 2d. , the goods of Joseph Dickinson .

JOSEPH DICKINSON . I live at Kilburn , and carry on business in town. On the morning of the 13th of December, about seven o'clock, a servant came to my bed-room, and said some men at the gate wanted to come in, and the cook , who was the female prisoner, would not let them in; I saw two or three Police-men, and Hutchinson with them -I had them let in; they brought this property with them - I could not swear to it, but my wife came down and said,"This is our property;" we called the cook up, and my wife asked her what she gave this out of the house for - she made no answer; Hutchinson was very abusive, and called Eaton his sister - she made no answer, I but cried, and appeared affected; he said the Police stopped him with the property, and I told the officer to take them both away; the next day I went before the Magistrate, and wished to drop the prosecution, but the Magistrate bound me over - Eaton had been a month in the place, and said she had no followers.

Cross-examined by MR. PHILLIPS. Q. What office was it at? A.Marylebone, before Mr. Rawlinson - we had a six month's character with the woman - she was very much agitated; she hung her head, and would give no answer - the man was complaining of the Police-men

THOMAS YOUNG. I am a Police-constable. On the morning of the 13th of December I was in St. John's-wood-road, on a bit of waste ground, and saw Hutchinson with a basket; I asked what was in it - he said a gown and two petticoats, which belonged to his sister; I let him go, and in about an hour he came back - he saw me and my comrade: he called out, "I have a bigger load now than I had before: why don't you come now and search me?" I said, "We will search you," and we found the property stated in the basket - this was about two miles and a half from the prosecutor's; he then said these things were in the basket when I saw it first - I said, "You may as well tell me I am a liar at once;" he said, "You are. and a d-d liar" - we took him to the section-house, and then to the prosecutor; he told me at half-past five in the morning, when I first saw him, that he was going there, and that his sister lived there, and we went there with him about seven - I rang the bell, and Eaton came to the gate.

Cross-examined. Q. Then he called you to look into his basket? A. Yes; I should not have touched him if he had not called us - I have been in the army, but never went by any name but Young; I had met my comrade in the cross-road, but had not told him of this - we went together with the prisoner to the section-house: he carried the basket, and I took the prisoner - I told the serjeant this story, and asked him to go with us; I did not ask him for any thing to drink, nor did Staines, I swear; nor for any money for any drink, nor for 5s. - Staines did not ask him for money to let him go; I was in the 12th Royal Lancers - I did not know the male prisoner before; I never saw him to my knowledge - I was not with him that I know of; I did not know Staines abroad - he tells me he did belong to the 10th Hussars, but I did not know him.

THOMAS STAINES. On the morning of the 13th of December, I saw Hutchinson at the corner of Grove-end-road; he hailed my brother-officer, and said, "I have a heavier load than I had before, you had better come and search me" - he was standing still; I took up his basket, took it to the lamp, and saw what it was - he then abused us, and said he had it given him where he worked, and they had been in his cupboard for the rabbits; I said, "We had better take him to our place and let our serjeant see him; and while we were at the section-house he offered us gin, and we refused to take it - when the serjeant came, he said he had been to Kilburn-place to Mr. Dickinson's, to take some things to his sister; we asked him where he got the things in his basket - he said they were there before, and my comrade said they were not; he went with us to the place - he put his finger to the bell, and said, "This is the house;" Eaton came out, and said she would not open the gate, and she could not call Mr. Dickinson - I said I would call him if she would let me in; the other servant went to call him - Hutchinson was very abusive; he said he took these things to his sister, because she could not eat the bread in the house - I did not hear him say where he brought them from.

Cross-examined. Q. You never parted company with them? A.No; I heard all he said - I did not hear him mention any market where he bought the things; my comrade was present in the section-room when he offered us gin - he was quite a stranger to me - I did not know a man in the artillery of the name of Walker; I never went by that name - I went by the name of Payne in the 10th Hussars, because I ran away from my friends; I was in the artillery when a boy, by the name of Staines - my uncle bought me out; I was in Portugal in the 10th Hussars - I do not recollect a town there called Mellor; I was discharged on the reducement; I swear I did not know the prisoner in the army.

Hutchinson. Q. Were you never in Captain Blackwell's troop? A. No never in my life; I did not tell the other officer so.

Hutchinon. We were all killed but thirty-six men, and were obliged to borrow some men from other troops; and witness was one of them; he knew me, and I knew him well in 1811 and 1812. Witness. I never knew him in my life; I belonged to Captain Blackgrove's troop, and left in 1803 - I was only driver of the waggon - I did not know Corporal Batty.

Q. You say you went by the name of Payne in the

Hussars? A. I enlisted in 1802 in the artillery; I was then but thirteen years of age - I was there two years; in 1806 I enlisted in the Hussars in the name of Payne, and at the time his present Majesty was made Prince Regent, there was an order that every man should go by his right name, and I then took my name of Staines; I never went by any other names upon my oath.

COURT to THOMAS YOUNG. Q. Did this witness say any thing to you about being in the artillery? A. No; the prisoner did not appear to know Staines.

Hutchinson's Defence. When Young stopped me in St. John's-wood-road, he says it was half-past five o'clock, and I was not out of bed at that time; it was near eight when I saw him again - my evidence will prove where these things were got; I made my sister turn out her clothes, and the officer took them away; the prosecutor says he paid her wages to the officer - she has never had any thing, and would have perished if a friend had not lent her this cloak.

THOMAS STAINES. Her clothes are at the section-house.

Eaton's Defence. I sent for my wages and clothes, and my master sent word he had given them to the officer - I had been but a month in the house, and had given warning to leave; my mistress sent for me the morning afterwards to know if I would stop - I said No, she did not allow me common necessaries to cook with; she said I had not had an opportunity of knowing whether I liked her situation or not, would I stop another month I should not find a situation like hers in London.

JAMES ROBINSON . I know Hutchinson and his daughter. On the Saturday night I was at the Jolly Butchers, in Clare-market; I saw his daughter bring a basket with her marketing in there - there was some bread and cheese in it, and some of the men had some.

COURT. Q. You say she came in with some articles in a basket? A. Yes: all our hands were there - she took some bread and cheese out, and it was distributed among two or three men who ate some of it, and the rest was put back into the basket; I did not see whether there was a whole loaf in it.

MARTHA HUTCHINSON . I am Hutchinson's daughter. I was at the public-house, in Clare-market on the Saturday night - I had bought some meat, potatoes, cheese, dripping, and a little cake, in the market; my father and the men ate a piece of bread and cheese while I was in there - I was living with my father at the time: Eaton is my aunt - we have clothes washed for her, and they are sent to her; some things were sent that Sunday morning - my little marketing was left in the basket, and the clothes put on it.

COURT. Q. What was left in it? A. The bit of beef, dripping, potatoes, and bread - my father did not know they were in it till he got out into the street, and then he could not get in again - he used to take my aunt a little tea and sugar and her clothes, nothing else; I bought the dripping at a rag-shop, just going into the market - it was late when I got home, and we did not take the things out; I knew my father was to take the clothes - I do not know why my aunt is called Eaton; she is not married.

MR. PHILLIPS. Q.Was there a woman of the name of White with you? A. Yes; she lodged in the same house with us, in Boswell-court - she is not here.

COURT to THOMAS YOUNG. Q. When you first saw the man with the basket did you take hold of it? A. Yes, and raised up the petticoats; there was some sugar and an apron, and nothing else - I can swear to that; when I took it again it was heavier than it was at first.

Hutchinson. Q. When you took it I said there were some clothes for my sister, and you were welcome look? A. I lifted up the petticoats, and saw the sugar and apron - there was nothing else I can swear; this is the basket; here is the dripping, the potatoes, and the cheese - this is the loaf, and I suppose this is the pan it was baked in; here are some pieces of bread.

MR. DICKINSON re-examined. Q. Do you know any thing of this pan? A. We have used it these twelve years - the cook baked that very loaf in it.

Hutchinson. That loaf my sister baked for me; my daughter was in the habit of putting things in the basket at night, because we are troubled with mice.


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