3rd July 1837
Reference Numbert18370703-1693
VerdictGuilty > unknown

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1693. THOMAS BIRD was indicted for stealing, on the 20th of June, 25 yards of kerseymere, value 6l. 17s., the goods of Joseph Partridge.

MR. BALLANTINE conducted the Prosecution.

JOSEPH PARTRIDGE . I reside in Bristol. I met the prisoner near Covent-garden, on Saturday, the 17th of June—I had known him two or three years before—I entered into conversation with him—he tapped me or the shoulder and asked me what goods I had in town—I told him, and I told him if he would come to the Black-horse, in Coventry-street, I would show him the patterns I had—there was an appointment to meet on the following Monday, but the did not come—we on the Tuesday—I did not

take any thing with me then—I went and fetched a piece of kerseymere—I showed it him—he said when he looked at it, it would not for him. and asked me where the other was, if it was sold—I said, no. it was not, but it was sent to Balham-hill by mistake,. that I expected it every hour; and he wished me to go and see whether it was come back—that was another piece of kerseymere that he had the pattern of—we had no conversation about the sale of the other piece—he asked me what the price was, and I told him—I went to see if it was come back—I left the piece I had on the form alongside the prisoner—I asked him to look to it till I came back and he nodded his head. and said, "Make haste"—I was gone about three quarters of an hour—I stopped to take a little dinner—when I came back the prisoner and the kerseymere were both gone—I have not seen it since—I did not see the prisoner again till I took him on board the vessel the Edward, (I think,) the following Monday. the steamer was towing her down—she was bound for New York—I went on board with an officer—I saw the prisoner, and said, "Well, neighbour Bird"—he said, "Well, Mr. Partridge"—I said I had been looking for him for a long time—he said, "What to you want with me?"with the greatest disdain—I said, "I want to know about the piece of kerseymere that you stole from me what have you done with it?"and then I said to the officer."I give this man in charged for stealing a piece of kerseymere."

Cross-examined by MR. PHILLIPS. Q. Have you had dealings with the prisoner before? A. Yes; not within the last two years, but I had down at Gloucestershire, at his own house—I lodge at the Bell-inn Hillgrass-street Bristol, and have done so for seven or eight months before—that is Mr. Joseph Jackson's—I once lived in a house of my own,. where I sold off—I never owed the prisoner a shilling in my life. not for five minutes. I always paid ready money—my wife went to Jamaica before I sold off—had dealings with the prisoner's son about two pieces of goods, one of which came to 4l. not 16l. 8s—the were only low priced 3s. 10d. a yard—no bargain with the son came to 16l. 8s., that I swear—I do not know what I might have year, in Bristol. cloth amounting to 16l. 8s—I did not in the bargain leave a balance of 8l. 8s.—the son was with me in the Black Horse—I have not had any fixed residence anywhere except at the Bell, and Jackyears old—I do not owe the prisoner 8l. 8s.

CHARLES HEAVEN I am waiter at the Black Horse, Coventry-street, I know Mr. Partridge—I saw him and the prisoner together on Tuesday, the 20th of June—Partridge had a bundle of cloth with him is the room—I saw Mr. Partridge leave the room—I saw the bundle in the room after Mr. Partridge was gone; and before he returned the prisoner went out with the piece of cloth that Mr. Partridge had left—he desired me to teil Mr. Partridge he wold be back in half an your put he did not come back.

CHARLES HENRY FALCONER . I am a police constable I went with Mr. Partridge on board the barque Edward. which was going to New York would not, from motives of delicacy ask him any questions before the passengers but it was my duty, and he might do as he liked about answering them—I then said, "Mr. Partridge has given you in charge for stealing a piece of Kerseymere"—he said he had waited nearly three quarters of an hour, and them as Mr. Partridge did not come back, he took it out; but Mr. Partridge owed him money—I asked him if he had got the piece—he said he had been swindled out of that and another.

Cross-examined. Q. Did he say he had bought this? A. Yes.


THOMAS BIRD . I am the prisoner's son. I know Mr. Partridge—I was at the Black Horse with my father on the day in question—I sold goods to Mr. Partridge for my father to the amount of 16l. 8s. in the latter and of last year—about October—it was four ends of striped two brown and two black—he paid me 8l. for two of them. which I receipted—two he did not pay for—he owed me 8l. 8s—I remember being at the Black Horse with him—I saw this kerseymere produced—Mr. Partridge wanted 5s. 6d. a yard for it—my father wanted it for 5s.; and after a little conversation, Mr. Partridge agreed he should have it at 5s. 6d. and delivered it to him; and he took it off the table and put it on the seat—my father went on board the packet the some evening—I went with him—on the oath, at that time Partridge owed my father 8l. 8s.

MR. BALLANTINE. Q. How old are you? A. Near seventeen—I accounted to my father for the 8l. paid by Mr. partridge on the same day at Bristol—Cannot tell whether my father saw me, Partridge after the hill was made—I do not think he did—I went into the room with them at the Black Horse—I cannot say how long I was there—I was there when my father loft—I left with him—I was there when Mr. partridge left to fetch the cloth—I saw all that passed—I remained in the room after Mr. Partridge was gone—I went with my father to the vessel—we did not go straight there—I did not lose sight of him the whole time—he left the cloth with a person to sell and the person went away with it—I do not know him—I never saw him before—I do not know where we met him—it was in the street, and afterwards we went to a house—I cannot say what house—I do not know where it was—we stopped there for some time waiting for the person who took the cloth to return—when my father met this person he appeared to know him—I have been in court during the examination of the witnesses for the prosecution—when my father went out he told the waiter he should return in about half an hour—he met this man very shortly, and them began the conversation about selling it—I cannot tell what became of the cloth—my father did not returned to the Black Horse—the ship was to go off the same evening—this Tuesday evening—my father was taken on the following Monday morning—he was not on board the shop the whole of the time.

MR. PHILLIPS. Q. I suppose you are not very conversant with American vessels? A. No—I have been in London a fortnight—I am a Gloucestershire boy—I cannot tell the names of the streets and house—the man did not return to my father with the cloth—the cloth came to about 7l. and Mr. Partridge owed my father 8l. 8s.—I did not know where to find him to get the money—it was about eight or nine months after I sold him the cloth that I met with him in London—I am prepared to say that 16l. 8s. was the price of the cloth and that he paid only 8l.

Prisoner. The cause of my waiting to see partridge was to see the other kerseymeres which he expected from Balham-hill—I am a stranger, and have no friends on London.

GUILTY Aged 38— Transported for Seven Year.

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