The Proceedings of the Old Bailey

 

1060.   JAMES JANSON and   CHARLES SWAINSON were indicted for stealing, on the 7th of June , 1 cage, value 2s. 6d. , the goods of   Thomas Smith .

THOMAS SMITH. I live in  Garden-walk . I had a bird and cage hanging at my house - I saw it safe on Wednesday, the 4th of June, about nine o'clock at night - I found it at Mr. Rogers's shop that day week - I went to Janson's with the officer, and took him.

  JAMES ROGERS . I am bird-dealer. I bought this bird and cage of the prisoner Swainson - he asked me if I would buy it - I said I should like to know whether it would sing- he left it till the next morning - it was tied up in some green baize which was found the next day at Janson's- it was brought to me a month ago last Thursday, and on the Friday I bought it for 2s. 6d.

Cross-examined by MR. CLARKSON. Q. What was the worth of the cage? A. I should have sold it for 2s. - the bird might be worth 3s. - I asked 3s. 6d. for it, and was about to take a deposit for it when the officer came - Swainson said he had had it two years.

  THOMAS MALIN (police-constable G 156). I went to Rogers, and found the cage and bird - I then went to Janson's, which is nearly opposite the prosecutor's - his mother denied him - I said I must search the house - he tried to make his escape - I searched the bottom of the house, and could not find him - the people then cried out that he was on the top of the house - I came out, and then went in again - I caught him at the back door, and took him to the station-house - when he got there he explained that there were two more in company with him, who came to the Angel and Crown public-house to him, and asked him to go to get the bird and cage down, that they went to Old-street, and got a long lath which got the bird and cage down- he said he did not sell the bird.

  JOHN SHEPHERD (police-constable G 9). I found this piece of baize at Janson's.

Janson's Defence. Swainson came to me, and asked me to go and take the bird and cage down - I said, "No" - we sat in that public-house till the landlord ordered us out - another young man came in, and they took the cage down, and took it away - I asked the next day what they had done with it - they said they had left it at Rogers's to see if it would sing - in two or three days afterwards I went to Rogers, and asked if a bird and cage had been sold there - he said, "Yes, for half-a-crown;" and that was the reason I was taken - on the morning before the robbery Swainson came to me, and asked if I had a piece of wrapper of any kind to lend him - I said, "No;" but he looked and found that baize.

JANSON - GUILTY . Aged 20.

Confined One Month .

SWAINSON - NOT GUILTY .