5th January 1835
Reference Numbert18350105-390
VerdictNot Guilty > unknown

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390. ROBSTOCK LEMANN was again indicted for stealing, on the 6th of December, 1 diamond ring, value 25l., the goods of Abraham Harrison Dry, in his dwelling-house.

FREDERICK PRIEST . I am in the employ of Mr. Abraham Harrison Dry, a pawnbroker, in St. Martin's-lane. About three o'clock on the 6th of December, the prisoner came to the shop with another man—he asked if I spoke French—I said "A little"—he asked if I had any brilliant rings—I

told him I had, and showed him a tray with a quantity of diamond rings on it—they were all diamond rings—he tried on six or seven—they were fastened on the card, and I took them off for him to try on—there was a diamond ring, marked 25l., which I had noticed—I took that off the card—there were none of his size, that would go on his finger—he asked if we had any more—I showed him another tray, with very few diamond rings on it—I turned round to reach that tray from the window—I took one ring off a card in that tray—he tried it on, and asked his companion to look at it—he said he did not like it—he returned me the ring; the other one said in French, "Let us go," and they went—when they were gone, I was putting the rings on the card again, and missed a brilliant ring, which he had tried on, of the value of 25l.—it was a single brilliant ring—there was a single brilliant ring besides that, but this was a different shaped stone from the others—we had not another of that size and shape—the apprentice was serving at the other part of the shop, which is appointed to the pawnbroker's business, and the prisoner was in the sale shop—there was no other customer in the shop besides the prisoner and his companion—the apprentice was in the sale shop, but he was on the same side of the counter as me, but not near the place—he was a yard from where the rings were—he was serving somebody at the end of the shop, and came to the end of the shop that I was at, to go to the till to help himself to money—it is quite impossible that the apprentice could have taken the ring—I missed the ring about three minutes after the prisoner and his companion left the shop.

Cross-examined by MR. PHILLIPS. Q. Are your goods hung up in the window for persons to see them? A. Yes, there is jewellery and silver goods—there is only one window to the shop—this was about three, o'clock—I do not remember what sort of a day it was—the apprentice is seventeen years old—I cannot say whether Kehn was the person who came with the prisoner—I never said he was not—the person who came to us was without spectacles—I was sent for from the police-office, and informed that two foreigners were in custody—I saw both the men at the police-office—I saw the prisoner first—I expressed a belief that the other was the man, but I said I was not confident—I took no notice of him—I had no conversation with him—he merely walked about the shop—when I said the prisoner was one of the men, I said I was not confident of the other.

Q. Was not the person you were serving, visible from the place where the apprentice boy was serving the other customers? A. Not when he was at the end of the shop—there is a partition over the counter, between where I was and the apprentice—there is a glass case—the back is painted glass—there are silver things in it, which impedes the view still more—the shop is rather dark—I was behind the counter, and rather near the till—the person I was serving, was facing me—the apprentice came to the till, and helped himself with money—he did not face the person I was serving—the counter where I showed the things, runs in a different direction—there is a straight counter along the shop, and this counter runs off—the apprentice would see me and the prisoner, if he looked round—he did not speak to me—he is not here—the gentleman the apprentice was serving, was in the shop before the prisoner—the shop is quite divided—there are six doors—four to the boxes—one leading from the shop to the boxes—there are two doors leading from the street into the shop—the person did not come in at the shop door—he was in the boxes—he was some

stranger—many people might come into the boxes while I was in the shop, and I not know it—there was a customer there—I do not say whether it was a man or a woman—I have not been asked the question—it is quite another part of the shop—he did not come in at the same door—there were customers in the boxes—I do not know how many—there were other people in the shop, because the apprentice could not be serving nobody at all—I am sure he was serving somebody, because he came to the till for money—I do not recollect whether the prisoner had a black or white cravat on—he had a blue coat—he wore a hat—I have been a witness here as a pawnbroker, ten or twelve times, I dare say—I will not swear it is not twenty or thirty times—I am confident I cannot have been so often as forty times—I have lived with Mr. Dry about eleven months—I have never attended here from his shop—I am twenty-two years old—I never remember a case similar to this—perhaps one thousand persons pledged at the shop in the course of the week the prisoner was there—Mr. Dry is not here—he was not in the shop during any part of the time the prisoner was there.

COURT. Q. Are you positive the prisoner is one of the two men? A. Yes; I have not a doubt about it—I speak from his features—he was in conversation with me for ten minutes, I suppose—I recollected his countenance at the time I first saw him at the office—the ring has never been recovered—I missed it two or three minutes after the prisoner was in the shop—I went round to the different shops in several directions, but could see nothing of him—I did not go out for two or three minutes after missing it—it was about five minutes after he left the shop, that I went out after him, and about three minutes after missing it.

MR. PHILLIPS. Q. Can you speak French? A. A little—Iunderstand it—I speak it enough to make myself intelligible to a foreigner.

Prisoner's Defence. I really am so much surprised at this new accusation brought against me, that I have nothing to say in answer, only that I am quite innocent—I leave it to you.


Third Jury, before Mr. Recorder.

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