JOHN HOLGATE, JAMES HOLGATE, Theft > burglary, 24th November 1834.

1. JOHN HOLGATE and JAMES HOLGATE were indicted, for that they, on the 1st of October, at St. Mary Magdalen, Bermondsey, about four o'clock in the night, the dwelling-house of John Thompson, feloniously and burglariously did break and enter, with intent the goods in the said dwelling-house, feloniously and burglariously to steal, and feloniously and burglariously stealing there in 2 gallons measure of brandy, value 3l.; 1 gallon measure of shurb, value 16s.; and 2 bottles, value 6s.; the goods the said John Thompson.

JOHN THOMPSON . I am a publican, and live at No. 113, Long-lane, in the parish of St. Mary Magdalen, Bermondsey. On the 30th of September, I went to bed, leaving my cellar safe, at a quarter to eleven o'clock—I am quite certain the listenings were quite safe—I go to my cellar from the dwelling-house—there is a flap outside the house, which is only used to take in liquor—I am master of the house—it is my dwelling-house—I fastened the cellar flap by three bolts—I was alarmed about four o'clock in the morning by the policemen, William Shields and Thomas Bradley Beck—it was not light—I opened the window, got a light, and came down—I opened the door, let the policemen in, and they sent me back wards—I went towards the cellar door, and found that open—I had shut it at night—the back door leading into my yard was open—I had left that shut and fastened—on entering the cellar, I found the cellar flap also broken open—the bolts were bent, and partly off—I found nobody there—I missed a bottle, containing two gallons of brandy, and a stone bottle, containing shrub—I am sure they were in the cellar the night before, at a quarter before eleven o'clock—I had seen the prisoner, John Holgate, the morning before—he helped the brewer's man to put two barrels of ale into my cellar—I never saw him before, to my knowledge—I am sure he is the man—I saw him in custody of the policeman close to my door that very morning when I was alarmed—the hinges of the cellar flap were wrenched out of the wood work.

Cross-examined by MR. PHILLIPS. Q. Were yon the last person up in the house? A. No; my wife was—she is not here—my pot-boy slept in the house—he had gone to bed before me—I took the key of the cellar up

to the bed-room with me when I went to bed—nobody could get to the cellar.

THOMAS BRADLEY BECK . I am a policeman. About three o'clock on the morning in question, I went down a passage by the side of the prosecutor's house, which leads to his cellar—when I got down, I saw a man standing by the side of Thompson's cellar flap—it was the prisoner, James Holgate—I took him into custody, and asked what he was doing there—he said he had been drinking with his brother at Dockhead, and had come down there to ease himself—Dockhead is near Rotherhithe—I told him he must go with me to the station-house—I took him there, and then returned to the passage, and found the prisoner, John Holgate, in the passage—he was five or six yards from where I had found his brother—I asked him where he came from—he said he had been lying down there asleep—I asked him how long he had been lying there—he said it might be an hour, or it might be two or three hours, for what he knew—I took him into custody—I took him nearer to the cellar flap, and knocked my foot against a stone bottle, which I have here—I examined, and found the cellar flap open—I found another stone bottle near the one I first found—one contained brandy and the other shrub—the passage is no thoroughfare—there are some small gardens at the bottom, but it is no thoroughfare—I produce the bottles.

Cross-examined. Q. Is there not a thoroughfare to some cottages down the passage? A. There is a dwelling-house, and there is a thoroughfare to that—it was about three o'clock when I took James Holgate—I will not be positive that it had struck three—the station-house is nearly a quarter of a mile from where I took him—Inspector Fagan discharged him—I did not observe the cellar flap at the time I took James—I did not see any thing amiss in it—I had not time to examine it—I believed it was shut—it was nearly half an hour after I took James that I returned—there was plenty of time to open the flap.

THOMAS JOHN READY (policeman M 104.) I was on duty on the 30th of September, in Long-lane, Bermondsey, and saw the two prisoners between one and two o'clock, walking together within sixty or seventy yards of Mr. Thompson's house—John Holgate asked me, "Is this Long-lane?" I said, "Yes"—he asked me if I knew where the Rose and Flower was—I said, "No"—I turned round, saw a constable passing, and asked him in their hearing, and he said, "It may be the Rose and Crown?"—"That is it," said the prisoner, John Holgate—he told them where it was, and they both went away—I am positive they were together.

MR. THOMPSON. The sign of my house is the Rose and Crown—I can swear to both these bottles-—I had not had them long.

FRANCIS FAGAN . I am inspector of the police. I was at the station-house, and remember the prisoner, James Holgate, being brought there by the witness, Beck—I discharged him—he stated to me that he had been to see his brother at Dockhead—that he had been drinking, and lost his way, and turned up the court to ease himself—about an hour after he was discharged, the other prisoner was brought in—I detained him, and sent a constable in pursuit of James Holgate.

Cross-examined. Q. Before you discharged him, had you taken his address? A. I did—he gave me, "No. 4, Picket-place, Temple-bar"—it was not Crown-court, Picket-place.

WILLIAM SHIELDS (policeman M 157.) I examined the cellar flap, and we afterwards went to find the prisoner, James Holgate—I went into

the Strand, and found him in Wych-street, Strand—I believe there is a Picket-place in the Strand—I found him in a corn waggon in Wych-street—I took him to the station-house—I did not make him any promise or threat—I asked where he had been last night—this was about twelve o'clock in the day time—there were two or three men in the waggon besides him—I called out "Holgate"—he came out of the waggon, and said, "My name is James Holgate"—he was sitting or leaning on the corn sacks—I asked where he had been last night—he said he was at home last night at his own place by ten o'clock, and he could prove it—I asked him, "Have not yon been over the water last night?"—he said, "No, I have not"—the station-house he was at is on the Surrey side of the river.

Cross-examined. Q. How did you find out the waggon he was in? A. From information I received; I had gone to his own place—I do not know what address he gave at the station-house.

COURT. Q. How could you find his lodging, if yon did not get it at the station-house? A. I got it at the brewhouse which supplied the prosecutor with beer—it is close by Temple-bar.

John Holgate. I leave my defenee to my Counsel.

James Helgate. I leave it to my Counsel.



Before Lord Chief Justice Denman.

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