26th February 1838
Reference Numbert18380226-763
VerdictNot Guilty > unknown

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763. JOHN MORGAN was again indicted for burglariously breaking and entering the dwelling-house of Charles Kirk, about the hour of four in the night of the 5th of February, with intent to steal, and stealing therein, 12 umbrellas, value 3l. 10s., the goods of Ebenezer Kirk.

SARAH KIRK . I am the wife of Charles Kirk, and live at No. 17, Gough-street, in the parish of St. Pancras. On Monday, the 5th of February, I went to bed at half-past twelve o'clock—the parlour shutters were fastened, and the window—I got up the following morning, and went out at twenty minutes after seven o'clock, and found the shutters open—I had not been disturbed in the night-time—I found a pane of glass broken in the window, and a dozen umbrellas taken out—they had been safe the night before, within twelve inches of the broken glass—we rent the whole house, but have lodgers.

EBENEZER KIRK . I am the witness's son. On the morning of the 6th I examined the window shutters, and saw a mark near the bottom, as if it had been forced by a chisel—the umbrellas which were taken belong to me—(looking at some)—these seven are all my property—I had seen them on the afternoon of the 5th.

Cross-examined by MR. DOANE. Q. You lost twelve, did you not? A. Yes—I am quite sure these are seven of them—I am an umbrella-maker, and they are my own workmanship—I do not make a great quantity—I get my living by it—I have made a great many in my life-time.

COURT. Q. Are they newly made? A. Yes—I am positive they are the same as I had on the 5th, as they are my own make, and I know them by the materials—I had only sold one of the same sort before.

MR. DOANE. Q. Why, these are of various sorts, are they not? A. Yes, but I only sold one having a peculiar border—five of them have that

peculiar border—I made thirteen, I believe, of the same sort, but never sold but one—I cannot say whether the rest are on my premises now, but I gave my brother two the beginning of January—I have the rest in my possession at home, I am certain—I never parted with more than three with that border.

THOMAS SEAL . I am a policeman. On the 7th of February I went to the prisoner's premises, about eleven o'clock, and searched them—I found these seven umbrellas there, and no more—three of them were in the parlour at the back of the shop; and four, including one with a white handle, up stairs, behind the bed in the front room—they were put into a corner, between the washing-stand and the bed—it was a Waterloo bedstead, which was down—the other three, which were down stairs in the parlour, were between a chest of drawers and a cupboard, in a very narrow space, entirely out of sight till I looked into the nook—they were loose—I asked the prisoner where he got them from—he hesitated a long while, and then said he got them from a man in Petticoat-lane, in the way of trade—his wife said, in his presence, that they occupied but one more room up stairs, and that was an empty one—in about ten minutes the prisoner said there was a room up stairs, partly occupied by himself, and partly by his brother, named Young—he did not say when he got the umbrellas.

Cross-examined. Q. Was there not another umbrella in the shop? A. There was a very old one indeed—whether it was for sale, or not, I cannot tell—Petticoat-lane is a place where things of this description are sold.

COURT. Q. Where was the old umbrella? A. At the back part the shop—it had no handle—that one was not concealed—there are very few shops in Petticoat-lane, but it is a great mart, in the open street—I asked him if he knew the man he bought them of—he said he did not—I asked if he thought he could find him—he said, "No."

MR. DOANE. Q. Were not his words, "I don't know whether I shall be able to find him?" A. I asked him if he should know the man again, and he said he did not think he should; that he did not know whether he should be able to find him.

GEORGE WILLIAM BALL . I am a policeman. I was present when the umbrellas were found—I have nothing to add to Seal's evidence.


Before Mr. Baron Parke.

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