26th February 1838
Reference Numbert18380226-762
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown

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762. JOHN OLIVER, GEORGE CLARKSON, JAMES STEVENS, JOHN MORGAN, WILLIAM TAYLOR, GEORGIANA STEVENS , and FRANCES TAYLOR , were again indicted for breaking and entering the dwelling-house of James Pells, on the 14th of January, at St. Luke, and stealing therein 2 blankets, value 10s.; 1 quilt, value 1s. 6d.; 1 candlestick, value 3s.; 1 trunk, value 1s. 6d; 2 sheets, valve 3s.; 11b. weight of horse-hair, value 1s.; 12 yards of lace, value 10s.; and 23 yards of ribbon, value 10s.; his goods.

THOMAS SEAL . I am a policeman. On the 6th of February I made a search, as I stated in the last case—I found nothing on the prisoner William Taylor—I went to a house which I was informed was his lodging, but I do not know it myself—I am not aware whether any witness can prove it—I found a sheet in a chest of drawers, among other things, in a parlour, at the back of the prisoner Morgan's shop, which is an old clothes shop—I found Georgiana Stevens in bed in a room, and found a box there—I asked the prisoner Georgiana Stevens whose box it was—she instantly answered, "My box"—Frances Taylor was in another bed, in the same room—she said nothing there, but at the police-office she said, that part of the property I found in Georgiana Stevens's bed was in her bed, which was not the case—I found nothing in the bed where she was—in the box I found some pieces of ribbons and silk—it seemed the fag-ends of a roll of silk, and on the bed where Georgiana Stevens lay I found an old patchwork quilt—I found nothing else referring to this robbery—this was on the 7th of February—on the night of the 6th, between eleven and twelve o'clock, I went to Oliver's lodging—he was just going to bed—I did not mention this robbery to him, as I was not aware of it at the time.

Q. Did you find any thing belonging to Mr. Pells in their possession, or in the room? A. In the same cupboard, where I found a portion of the property mentioned in the last indictment, I found a small trunk, with the lock broken off, which I produce; and by the side of the trunk laid a quantity of horse-hair—I also found two brass candlesticks on the mantelshelf over the fire-place, and another on the table in the room.

JURY. Q. Was the sheet along with a stock of sheets in the drawer at Morgan's? A. Yes, it was with other sheets and other linen, in a chest of drawers in the back parlour, at the back of his shop—it might be part of his stock for sale.

JAMES PELLS . I am a horse-hair manufacturer, and live at No. 10, Waterloo-street—I use the house as a workshop and a kitchen—it is one house—the upper part is the workshop, and the lower part the kitchen. On Sunday, the 14th of January, I went out between eleven and twelve o'clock in the day—I left nobody in the house—the door was locked, but it was a very bad lock, and out of repair—we left the window down, but to that it could be opened—we came home between nine and ten o'clock in the evening—my mother-in-law had gone into the house before me—I found the window fastened, and the shutter also—I missed four candlesticks, two blankets, two sheets, and a trunk, with different articles in it; 2nd I missed about llb. of horse-hair, and some ribbons, which belong to my wife—I had seen them about a week before we moved—I had seen the box they were in, but had not seen the ribbons in it on those premises—I had seen the candlesticks when I went out in the morning—I believe the trunk produced to be my wife's—I am certain it is the trunk which I saw in the place when I went out—I cannot swear to it, but I am quite certain it is the trunk—I only know it by its being papered, and by my father-in-law's putting this lock on.

Q. Can you undertake to swear that is the trunk you left in the shop when you went out? A. Yes—I know some of these ribbons—(looking at the property)—and this gauze scarf I know particularly, by seeing it years ago—my wife used to wear it, and it was put by in the box—I do not recollect seeing it in the box—my wife used to wear it about five years ago—here is a band, corresponding with a dress she has got—I have seen her wear that once, some years ago—I do not know the counterpane myselfthese clasps I know—I have not seen them for some time, but I gave them to my wife, about six years ago, before she was married—I know all the candlesticks—the flat one has got the knob off it—I have had them about twelve months, and am certain of them.

MARY SMITH . I am the prosecutor's wife's mother. I have examined the scarf, ribbon, and counterpane—I think I can swear to all the ribbons being my daughter's, and the clasp—I often saw her open the box, and look at them—I dare say I have seen her do so within a month—the things were all in the trunk together, rolled up—I saw them last about a month ago—that was before they moved into this house—they were in the trunk—I know the trunk by the paper, and by the size of it—I saw that about month ago—I live in the same house with the prosecutor—I never saw the box in the place it was taken from—it was left in the small house, which the prosecutor occupies as a workshop and kitchen—they had removed from that to another house, but this trunk was not moved—we had moved about a fortnight before the robbery.

Q. Then you had never been in the workshop from the time you moved? A. Yes, I was frequently in the habit of going, because the kitchen is in the same house—I saw the trunk there after we moved—it had not been brought over—I saw it on the Saturday, when we were moving some of the goods over—I meant I had not seen it open for a month—I can swear to the counterpane—the bottom of it is made of umbrella stuff—I cannot exactly say when I saw it last, but certainly within a month—when they were moving—it was tied up, with a bed in it—I saw the ribbons about a month ago—when I last saw the box there were articles of this description in it—I am quite sure of the trunk being the prosecutor's.

MARY FAIRWEATHER . The prisoner, Oliver, lodged in my house—I let the room to him on the 29th of December, and he remained there till he was apprehended—I first saw Clarkson there on Monday, the 5th of February, in the afternoon—when he came down stairs, I requested him to tell Oliver I wished to speak to him, which he did; and I desired Oliver to leave—I believe they remained together that night—I saw them there in the afternoon, and again on the Tuesday, at different times in the course of the afternoon; and I saw him brought down stairs by the policeman, with Oliver—I did not see Clarkson after the afternoon-part of the day, till the policeman brought him down in custody—the prisoner, James Stevens, had assisted Oliver in bringing his goods into the house, in December; and I saw him there at different times, till he was taken into custody; and I firmly believe he slept there all the time, but I do not know it.

THOMAS SEAL re-examined. I went to Oliver's apartment—I found Oliver and Clarkson there—Stevens came in shortly afterwards, and was taken into custody—when I entered the room Oliver and Clarkson were in the act of going to bed—I have not brought the box here, which Georgiana Clarkson claimed—all the articles, except the candlesticks and horse-hair,

were found in that box, and the other sheet in some drawers at Morgan's—the counterpane was on the bed in which Georgiana Stevens slept.

Oliver's Defence. The articles produced I bought, with a bedstead, a carpet, the candlestick, and two quilts—I gave 16s. for the lot—Stevens said it would be easier for us to pay 1s. a week than 2s., and we were in the room together—we bought the articles we are charged with stealing—Stevens paid part, and I paid part—he gave the ribbons to his sister, and kept the box; and Clarkson's mother being confined, he asked me to let him come to my place for a night or two, as it was not convenient for him to be at home, and he came on Monday and Tuesday night.

James Stevens's Defence. I have nothing further to say than Oliver the young man we bought the articles of, I believe, was going to ManChester—Oliver knew him.

Georgiana Stevens's Defence. My brother brought the ribbons to me—the quilt was not on my bed—it hung on a line by the room door—the policeman took his knife from his pocket and cut it down from the line.



Transported for Fourteen Years.







Before Mr. Baron Parke.

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