16th September 1830
Reference Numbert18300916-246

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1710. THOMAS LILEY was indicted for stealing, on the 12th of July , 1 looking-glass, value 5s.; 1 set of fire-irons, value 3s., and 1 piece of bed-furniture, value 1s. , the goods of Thomas Fawcett .

REBECCA FAWCETT . I am the wife of Thomas Fawcett; we lived in Frederick's-place, Hampstead-road, but we lost these articles from No. 70, Charlotte-street , on the 12th of July - the prisoner watched me out.

JANE WILLIAMS . The prisoner came to my house on the 12th of July, with a load of goods, and inquired for a lodger named Smith - I said they were both out, and I could not give him leave to bring those goods into another person's apartments, but most likely he could get a room in the neighbourhood; he said it was not many persons who would like to take him in at that time of night - it was then between eight and nine o'clock; he said he had a van of goods in May's-buildings, and he had authorized Mr. Smith to take a room to put the goods in.

REBECCA FAWCETT re-examined. The prisoner had been in my husband's employ - he took him in out of charity; I had given him my key to take these articles to my apartment - he brought me the key, and said he had put every thing in correct; on the Sunday morning before the 12th of July, he told me a gentleman had been on business, and I had better go and state the business to him - I went, and while I was gone, he took every thing away from the room; he went in with false keys, which were taken from him by the officer - it was household furniture and my own wearing-apparel; I was out at the time - I came home, and slept there, but did not miss the things till the next morning; they had been in a back garret - I did not part with the property; the witness does not live in the same house - I never authorized the prisoner to take any of the goods; I lost more goods than these.

JANE WILLIAMS re-examined. I would not let him put them into my place, but I went out, and he brought them in in my absence - when I came home, part of the goods were in the room, and part at the door; on the 13th the prisoner offered some of these things for sale, and I bought a bed, a looking-glass, and fire-irons - he said they were his, and he got his living by buying and selling goods.

GEORGE FORD . I am a Police-constable. On the 12th of July I heard the prosecutrix had been robbed of some furniture - I went to the lodgings, and found these articles; I took up Smith, who lodged at Williams' - on the 13th the prisoner made a sale of some of them, and on the 14th he removed some to Luke-street, Tabernacle-walk; I found on him these keys - they open the prosecutrix's door; I took from him 4l. 11s. 5d.

Prisoner. The prosecutrix knew I had two keys.

REBECCA FAWCETT. It is no such thing - I lost 27l. or 28l. worth of goods.

Prisoner's Defence. About Christmas last the prosecutor took me into his employ; he was arrested, and confined in the Marshalsea-prison, and the house in Hampstead-road was entrusted to my care - he gave orders for his property to be sold off, as it was his intention to take the benefit of the Act; his wife took a place in my name, and some goods were removed there for sale - part was deposited with Captain Orton, to be made away with; the prosecutor then made oath that he was not worth 10l., that he might get at liberty without taking the benefit of the Act, but being informed his intentions were not so good as his promises, I was determined to take possession of the property for which I now stand indicted; I had legal power to enter, as the house was taken in my name, and as I had a key, and had access to the property; I went to the prosecutor in prison - he desired me to get rid of the best part of the property, and not to let more than 10l. worth be in the shop; the goods appropriated to my use in the Hampstead-road were said to be mine, to reduce the property under 10l.; I therefore leave it to your consideration whether I had not a right to pay myself.

REBECCA FAWCETT . There is no truth in this - my husband never employed him or authorized him to take away goods to reduce the property under 10l.; he has not taken the benefit of the Act, nor compounded with his creditors - it is all false - two boxes of this was my wearing-apparel.

Prisoner. Q. For what purpose was this lodging taken? A. For the purpose of living there; my husband was arrested for 40l., and I could not keep on the house - I never could go out but I lost something, and my husband said I had better remove; he is now in the Marshalsea - no portion of the goods were sold.

COURT. Q. Did you authorize him to sell it? A. No- I do not know how he came by the key; I never allowed him one - I had but one.

Prisoner. Q. Was not the room taken in my name? A. No, in my own - he wished me to take it in his name, but I would not; he came to us in the cold weather, and we took him in out of charity.

GUILTY . Aged 27. - Transported for Seven Years .

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