24th October 1836
Reference Numbert18361024-3463
VerdictNot Guilty > unknown

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3463. JOHN HODGE was indicted for stealing on the 21st of September, 7 handkerchiefs, value 2s., 6d., the goods of George Kerry, his master.

FREDERICK SMITH . I was in the service of Mr. John Kerry. The prisoner

had been seven or eight week in his service—on the 21st of September, we missed 7 cotton handkerchiefs—these are them—they are Mr. George Kerry's—we missed some silk also—the prisoner went away without notice that day while I was at breakfast, and never returned—I went after him, and he was taken.

FREDERICK MADDOX . On the 21st of September, as I was turning round John-street, about eight o'clock in the morning, I saw the prisoner—he asked me to hold a bundle for him—I held it, and told him not to be long, he said he would not—I waited about ten minutes, and could see nobody come—I went home to get my father's breakfast, and while I was getting it Smith came, and Hodge with him—I gave the bundle up to him, and he went to Mr. Kerry's with it—I saw these handkerchiefs in the bundle.

Cross-examined by MR. BODKIN. Q. Do you know where Mr. Kerry's shop is? A. Yes—I had seen the prisoner before, playing about in the streets—I had been in the habit of speaking to him—I did not know he was at Mr. Kerry's—I did not know it was a place where they sold handkerchiefs—I could not stay, because I had to get my father's breakfast—that is not from Mr. Kerry's, and not fat from my house—I did not open the bundle—I had not time to take it to where he lived, which was opposite the Bull—I put it on the table—it was opened at Mr. Kerry's shop, after the young man had it—I was with him.

FREDERICK SMITH re-examined. Q. Did you go and find this bundle in the handkerchief of Frederick Maddox? A. Yes—it was not covered up, it was rolled up—I found it at his house, on the table, about three quarters of an hour after I missed Hodge—I can say these handkerchief had not been sold—we missed them that morning.

MR. BODKIN. Q. How many persons serve in your shop? A. Five—when we came into the shop that morning the handkerchiefs were under the counter—I do not know who put them there—we left them there—the handkerchiefs were opened at Mr. Kerry's—Maddox was there—they were open on Maddox's table, not wrapped up.

JOHN BUXTON (police-constable R 48.) I took the prisoner—he said he had taken the handkerchief.

Cross-examined. Q. Did they not tell him if he would say what he knew he should come to no harm? A. I heard them say they would not wish to hurt him.

JURY to FREDERICK MADDOX. You say that Hodge gave you a bundle? A. Yes—the handkerchiefs folded up in a bundle—I went home and put it on the table—it was first opened at Mr. Kerry's shop—I put it on the table as it was given to me—it was not opened there.

FREDERICK SMITH re-examined. Q. What did you see on the table? A. The handkerchiefs, but not in a bundle at all—they were wrapped up as handkerchiefs always are—I do not know Maddox—he was not at the shop that morning—I was in the shop all the morning.


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