8th July 1830
Reference Numbert18300708-146
VerdictNot Guilty

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1405. WILLIAM LILLEY was indicted for stealing, on the 3rd of July , 1 crown, 1 shilling, and 1 sixpence, the monies of Joseph Tubb , his master .

MR. PHILLIPS conducted the prosecution.

JOSEPH TUBB. I am a baker , and live in Hatton-wall . The prisoner had been in my employ since the 20th of November; I marked this money, and put it into my till at half-past eight o'clock on Saturday night - I saw the prisoner take the crown-piece from the till, while he was giving change for a half-quartern loaf; the customer gave him a shilling, and he should have given 8d. in change - he kept the crown in his hand for a minute, and then hid it under some dust; this is it - it is marked; this shilling and sixpence were laying on it, but I cannot swear to them -I spoke to the prisoner; he said I knew best - I sent for an officer; we searched his box - I found 103l. in sovereigns and half-sovereigns, and two 5s. pieces; I gave him 16s. a week, but for about six weeks past 17s., a Saturday night's supper, and a Sunday's dinner - he found himself the rest, except lodging.

Cross-examined by MR. ADOLPHUS. Q. When did you come to the shop? A. I took it of Mr. Robinson in November; the prisoner had been in his service, and I kept him on - I had not marked any money before this; this crown-piece was found on the sack in his absence - no one but me saw him take it; nothing had passed about my putting a piece of lead to the bread scale - the lead was not in the scale; I do not use it now - I have done so, but not to cheat my customers; I have not used it this fortnight - it was merely put to see how heavy my bread came from the oven; I never had any complaint made on the subject; I know a Mr. James Boyce - I had a good character with the prisoner.

HENRY BERESFORD. I am a Police-officer. I was sent for, and took the prisoner; Mr. Tubb and him were in the shop - he asked the prisoner why he took the money; he said, "You know best;" I merely asked him if he had done it, and he gave me the same answer - that Mr. Tubb knew best.

Witnesses for the Defence.

MARY STOKES . I am the wife of William Stokes, and the prisoner is my brother. Before he went to Mr. Robinson's he lived with my husband; he then had a guinea a week, and went on the same terms to Mr. Robinson - I saw about 30l. in his possession; he was a frugal, good, sober lad - I supposed he was saving money, and that he had a great deal more then; he had notes.

MR. PHILLIPS. Q. How long is it since be left you? A. About twelve months - it is about seven years since I saw the 30l., when he first came to us; I have never seen any of his money since - I had nothing to do with his box; he was employed in minding one shop, and I looked after the other; he left because Mr. Stokes gave up the shop - he was with us about six years.

MR. ADOLPHUS. Q.When did he come from the country? A. Seven years ago, and then he showed me the 30l. - he had the care of one of our shops; that required a higher rate of wages than a mere journeyman - my husband sold that business to Mr. Robinson.

SOPHIA BOYCE. My husband is a baker in the employ of Mr. Tubb. I have known the prisoner three years -I had the care of his things from October till April; I had to go to his box to put away his clothes - I have seen money to the amount of 80l. or 90l.; I took him the key of his box, and said I was surprised he should leave his money loose - he said he did not know it was loose.

COURT. Q.Was this while he lived with Mr. Tubb? A. No, before.


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