Offence: Theft > burglary
Verdict: Guilty > no_subcategory
Punishment: Death > no_subcategory
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2. CHARLES MOORE was indicted for that he, on the 27th of August, at St. Mary Magdalen, Bermondsey, about one o'clock in the night the dwelling-house of John Woolley Lesingham, feloniously and burglariously did break and enter, with intent the goods in the said dwelling-house feloniously and burglariously to steal, and stealing there in 1 watch, value 2l.; 1 watch key, value 7s.; 1 sovereign; 2 half-sovereigns; and 1 half-crown; his property.
MR. CHAMBERS conducted the Prosecution.
JOHN WOOLLEY LESINGHAM . On Wednesday, the 27th of August, I lived at No. 16, Snow's-fields, In the parish of St. Mary Magdalen, Bermondsey. I saw my house fastened on that night—the back window of the second-floor room, and all the windows were down at usual—I saw them all down, and all the doors fastened—I went to bed between ten and eleven o'clock—I had seen every thing fattened not more than five minutes before I went to bed—it was after dark—Mrs. Vining, who lodges wish me, was the last person up—I was the last up except her—I was not disturbed in the night—as soon as I got in my bed-room I wound up my watch, and put it on the table by my bed-side, as I always do—I had one sovereign, two half-sovereigns, and a half-crown in my trowsers pocket—I hung my trowsers on a brass nob near the window, with the money in the pocket—I am certain of that—Mrs. Vining did not disturb me in the night—I slept very soundly till between five and six o'clock in the morning—I slept particularly sound that night, which I am not accustomed to do—in the morning, not hearing the clock, I wished to know the time—I got up and went to look for my watch—I missed it—I examined my trowsers, and found my money missing out of the pocket—I was almost paralyzed—I went down stairs, and all was fast—I could not tell how I was robbed—I called out to Mrs. Vining, who lodges in the room below, and said, "I am robbed"—she immediately went up to her daughters and told them—I observed the window, which I had seen fast, was open—it is at the back of
the house, but there is a small passage which leads to my school-room—the window is in my house wall—that was open sufficiently for a person to get in and out—it was light at this time—I found another window open in the lower floor, which leads into my kitchen—that communicates with a passage which leads up to my school-room—that window is also in the wall of the house—I caused the prisoner to be apprehended on the 29th—I think it was Friday—he was examined before a magistrate, and in about a week he was discharged—my watch has since been shown to me by one of the officers—I think Waters—the prisoner had been a pupil of mine about four years ago, and lived in my house for about two years, being a fatherless child.
ELIZABETH DINAH VINING . I lodged in Mr. Lesingham's house on the 27th of August—in the course of that night, I was awoke by my room door opening between one and two o'clock in the morning, and I observed a male figure at the bottom of my bed—the moon was rising—there is no shutter to my window, and only a small curtain—the gas light reflects on the mantel-piece—it was dark all but the moon light and the gas—I could see the figure had trowsers and a jacket on, and no cap or hat—he appeared to go down stairs without any shoes on—his dress was not very light, nor very dark—I had gone to bed after Mr. Lesingham—I was the last person up, and observed that every thing was fast, as usual—I have heard Mr. Lesingham's evidence as to the state of the two windows in the morning—it is correct—I saw them myself.
COURT. Q. Did not you give an alarm? A. No; I was too frightened. I called out, but could make nobody hear—the person only stood in the room while I spoke—I said, "Mother, what do you want?" and at that instant I saw the figure go down stain—my mother was in the habit of calling me in the morning.
RICHARD FULLER (police-constable M 120.) On the 29th of August, at half-past five o'clock in the morning, I saw Mr. Lesingham with the prisoner by his side—he gave me a signal to follow him—I followed him to his own house, and took him into custody, and brought him to the station-house—Mr. Lesingham gave him in charge—I searched him, and found a sovereign, wrapped in a piece of paper, in his stocking, which was on his leg, just above his ankle—I took this new silk handkerchief off his neck—it was not hemmed—he had a new pair of shoes on his feet—I only found a halfpenny in his pocket—he said nothing about the sovereign—I asked him as we went to the station-house, if he had any money—he said "No"—I asked him where he got his shoes—he said he bought them—I asked him where he got his shut—it was a new chequed one—he said he bought that in High-street, Borough, and gave 3s. for it—I went and found that was correct—he gave no account of the new handkerchief—I did not ask him where he got the shoes—he put the shoes on his feet again—he was taken before a magistrate, and afterwards discharged.
ALFRED DUTTON . I am shopman to Mr. Hoare, a shoemaker, of No. 297, Kent-street. The prisoner came to my master's shop, and bought a pair of shoes, about the Friday before I was wanted at Union Hall—I went there next day, Saturday—he gave me half a sovereign in payment—I gave him 3s. change—they came to 7s.—I have not seen them since.
JOHN WATERS (police-constable M 116.) I was at Union Hall when the prisoner was discharged, and saw him at a house in King-street, about half an hour afterwards. I think it was about the 5th of September—he was at the house of Woodman, an acquaintance of his—I did not threaten
him, or promise him it should be better if be said any thing—I put a question or two to him at the house—I said, "It is very lucky for you that you have got off, but I am still convinced you are the person who did the robbery—I know the locality of the house, and I can describe exactly how you got in"—I said, 'You got in, and Snipe was with, you; and I dare say you gave him the watch, and kept the money yourself'"—he paused a little while, and then said, "There was nobody with me at the time I assure you"—I said, "Why; what became of the watch?"—he said, "I had it about me all the time at the hall: the policeman searched me three times, and one time he put his hand on the ribbon, but after they put me back in the lock-up, I dropped it down the privy"—I said, "Were not you alarmed at going in there?—I imagine that Snipe was with you"—he said, "No, he was not"—I said, "Mr. Lesingham says you must have got in at a court they call Botany-bay, but I think you got in so and is, and you had not your shoes on"—he said, "No, I did not have my shoes on—I got on the privy door, and from one school to the other—I went up stairs, lifted up the window and somebody made an alarm—I came down stairs again, and remained till all was quite—I then went up stairs again, to Mr. Lesingham's room, and felt under the pillow to see where Mr. Lesingham's money was, but could find none—in searching about, I found the watch, and soon after I felt his trowsers—I took the money out his pocket, and came away—I did not escape the way I entered—I came Botany-hay way, and jumped off the tilings of the privy"—he mentioned money—I am not exactly certain what sum he named—I am confident he said he found money in the trowsers—I assisted in searching the privy of the lock-up place—there is a small cottage by the sewer, adjoining the privy—two females there said, "Oh, are you searching for the watch that was picked up to-day?"—I afterwards are received the watch from William Shepherd, who was at work there—it was without a case—we searched, but could not find the case.
WILLIAM SHEPHERD . I live on Walworth-common, and an employed by the Commissioners of Sewers—I was cleaning the sewer which goes right under the privy of the lock-up place at Union Hall, on Saturday, about the 6th of September—I found this watch there—I saw no case—it was as it is now, except being dirty—I kept it in my possession till the officer found me—I gave it up to my master, and saw him deliver it to the officer, on Saturday, the 6th—I have made a mistake, I found it cat the fifth—I did not give it to my matter until I gave it him to deliver it to the officer, when there was an inquiry about it.
MR. LESINGHAM re-examined. This is the watch I lost from the table by the ride of my bed—I am positive of it—it had a case on it when I lost it—this is my key—it had a black ribbon, the same as it has now, and no seal—I cannot tell the number of the watch exactly—I recollect it was 9777, or something like that, but the name of Longhurst, of Kingston, was on it—I am positive it is my watch.
Prisoner. I never told the officer any thing about it.
GUILTY. DEATH .—Aged 16.
Before Lord Chief Justice Denman.