The Proceedings of the Old Bailey

 

Before Mr. Justice Patteson.

621.   WILLIAM MANN and   JOHN LEE were indicted for feloniously breaking and entering the dwelling-house of   Robert Hall , on the 13th of February , and stealing therein, 11 spoons, value 1l.; 5 rings, value 3l.; 1 watch, value 1l.; 1 chain, value 1l.; 1 pair of gold drops, value 30s.; 2 veils, value 1l.; 1 silver knife and fork, value 1l.; 1 pair of sugar-tongs, value 16s.; 1 pair of trousers, value 10s.; 2 pairs of bracelets, value 10s.; 1 sheet, value 10s.; 1 pair stockings, value 1s., and 1 silk slip, value 30s., his property .

ROBERT HALL. I am a carman , and live in  Cornwall-place, Lisson-grove, Marylebone ; the prisoners lodged with me for about five months, and continued to lodge there to the time in question; they slept together in the back room up stairs - Lee had a key of the outer door of the house, for the use of them both; I occupy the front parlour, but do not sleep in it - I had two more lodgers. On Wednesday, the 13th of February, I went out about ten minutes or a quarter to eight o'clock, leaving nobody in the house, I am certain; I have a wife and one daughter - I fastened the outer door, and the parlour door also; I locked the parlour door with a key which I put in a desk in my back parlour - the desk was shut, but not locked, nor was the back parlour door locked; I looked into the parlour before I locked the door - the drawers were shut, and the room was not in confusion at that time; my wife had gone out at half-past five o'clock, and my daughter also - I came back a few minutes before nine o'clock, and found the outer door about half open; the parlour door was also open - I held the door, pulled it too, and sent a person for a light, while I held the door, as I thought there was somebody in the house - when the light came we looked into the room; the things were all about, every drawer open, and every thing in confusion - my wife came in about ten minutes after nine o'clock, as I sent for her; I remained in the room till she came, and so did the Policeman and three or four more - she can tell best what was missing; I have found nothing except a pin, which was found in a handkerchief.

Cross-examined by MR. PHILLIPS. Q. Did you take the parties to the station that night? A. Yes, and they were discharged, and went to bed at their lodgings as usual - I took Mann up again that night, when I found the pin in his handkerchief; I returned to the house three or four minutes before nine.

Cross-examined by MR. DOANE. Q. I believe you apprehended some other persons? A. Two more; Lee was taken a second time in my house in the morning; their room was not locked.

COURT. Q. Was it at your request they were discharged at night? A. The superintendent said as nothing was found, he saw no need to detain them, and it was agreed they should appear at the office next morning.

  SARAH HALL . On the night of the 13th I came home, and found the place in confusion; I missed these articles: they cost more than 20l. - the drawers were all open; I missed a gold pin which had been stuck in a collar, and I found it in the room, stuck in a handkerchief belonging to William Mann - I found the handkerchief on the floor by the drawers; I had seen it before in the room the prisoners slept in - Mann had it on his neck on the Tuesday night; nothing was taken from any other room; my daughter picked the handkerchief off the floor - the parlour door had been locked; the lock was not injured - the key was not in the lock when I returned; we had two other lodgers in the house whom Lee had recommended - I had seen the property safe the last thing before I went out; I saw the collar with the pin in it.

Cross-examined by MR. PHILLIPS. Q. Are the other lodgers still with you? A. One, the other is Mann's brother; I would not keep him - whether either of the other two went into the house between eight and nine'clock, I cannot tell.

  MARY ANN HALL . I am the prosecutor's daughter. On the Wednesday night I returned with my mother; I picked up the handkerchief, which I know I had seen on the Tuesday, on Mann's neck - I gave it to my mother; I know it was not in the parlour when I went out - I was in the parlour just before I left.

  WILLIAM HORSFORD . I am a Policeman. I apprehended Mann at half-past twelve o'clock on Wednesday night; he was at the prosecutor's door, just going in - he had the key in the door; I said, "You are my prisoner" - Mann said, "What again;" I said Yes - he said, "I have been at the watch-house once;" I said I was aware of that - Lee was with him, and Mann's brother; they were all going into their lodgings; I took him to the parlour door, and received this handkerchief with the pin in it from Mrs. Hall - I said to Mann, "Do you know this;" he looked for a minute, and then said, "Yes I do, it is mine;" I said "You are quite sure of that" - he said Yes, I had it round my head last night; I said, "Then where have you been all the evening" - he said he had been at Robinson's coffee-shop, Edgware-road, with Lee and others, from six to seven o'clock - that they went from there to the Key in Bell-street, and he was there until he was apprehended; I then took him to the station-house - Lee and Mann's eldest brother went with us, and he said at the watch-house that he had not left off work until twenty minutes to nine o'clock.

  HENRY EGERTON . I am a Policeman. I apprehended the prisoners at the Key in Bell-street, about half-past nine o'clock on Wednesday night - I searched them and found nothing except a key, which I found on Lee; I took them to the station, and they were discharged, promising to attend next morning - Hall consented to that; next morning I went down to the prosecutor's house, as Lee's new trousers were left behind and the prosecutor's trousers taken, I apprehended Lee again - that was before the time he should have attended at the office.

Mann's Defence. I drive an omnibus for Mr. Poole, and was with it from half-past six o'clock till ten minutes to nine o'clock - I went to the Key and saw Lee there; Hall came in and said the place had been robbed; I went out with them - the prosecutor said it would be satisfactory for both parties to go to the station; we went and were discharged - we returned to the Key then; as we got to the prosecutor's door to go to bed, he found the handkerchief.

  GEORGE WILLIAM POOLE . I am conductor of my father's omnibus, which Mann drove last Wednesday; I am sure he was with it from eight till about ten minutes to nine o'clock - he had been driving all day, except at dinner time.

COURT. Q. Were you with it from six till seven o'clock? A. No; we did not start till a quarter-past six o'clock from the New-road - we went to the Bank and back to Southampton-mews, New-road; we went into the yard for about twenty minutes after we returned - we went up to the Wheatsheaf before we took the horses out.

  ELIAS COLLINS . I am a cabinet-maker, and live in York-row. On Wednesday last I saw Mann come to the Key in Bell-street, at five or ten minutes after nine o'clock; it is about half a mile from his lodging - he had a pint of of half-and-half, and was apprehended there.

ARBAHAM BACON. I am horse-keeper to Mr. Poole; I remember Mann driving the omnibus into the yard at five or ten minutes after nine o'clock on Wednesday - I helped him out with the horses.

NOT GUILTY .