14th May 1838
Reference Numbert18380514-1143
VerdictGuilty > unknown; Guilty > unknown

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1143. WILLIAM GULLEN and THOMAS BAKER were indicted for stealing, on the 26th of April, 1 handkerchief, value 2s. 6d. the goods of Frederick Joseph Burnett, from his person.

EDWARD ALLMN . I live in Talbot-court, Gracechureh-street, and am in the employ of James Debenham. On the 26th of April, between three and four o'clock, I was in his warehouse, and saw the prisoners loitering about for some time—they were evidently in company and near to each other, but I cannot say I saw them speak to each other—in about a minute the prosecutor passed them—Gullen beckoned with his hand to Baker, and both followed him at a quicker pace—I then ran out of the warehouse, ran down the court, and saw them both close on Mr. Burnett—Gullen drew a handkerchief from Mr. Burnett's pocket and threw it behind him—Mr. Burnett immediately turned round and collared Gullen—Winter, the policeman, was standing at the bottom of the court, not three yards off at the time—Mr. Burnett spoke to him—he turned round, took up the handkerchief, and took Gullen into custody, and then secured Baker—they did not make any resistance.

Cross-examined by MR. PHILLIPS. Q. How were you situated as to

the street? A. The warehouse occupies one side of the court—I could see all along the court—I swear I saw Gullen do this.

FREDERICK JOSEPH BURNETT . I was passing through Talbot-court on the 26th of April—I felt something at my pocket—I immediately turned round sharply and saw Gullen's hands going from me to himself—I immediately collared him, and saw my handkerchief four or five feet behind me—I gave him to an officer—my whole attention was called to him, and I did not see Baker—this is my handkerchief—(looking at it.) JOSEPH WINTER. I am a policeman. I was at the bottom of the court standing with my back towards the prosecutor when he collared Gullen—I saw the handkerchief on the ground—I took it up, and Mr. Burnett claimed it—Allen came to my assistance and held Gullen, while I went and took Baker from his information—I searched Gullen, and found two handkerchiefs in the seat of his trowsers and one in his hat—all silk, and different patterns—I found nothing on Baker—I took him about twenty yards from Gullen.

Gullen's Defence. Baker was not near me, nor did I see him till he came to the station-house.

Baker's Defence. I was walking through the court—the witness says I was close behind the prosecutor, and the prosecutor says he did not see me, which he must have done if I had been—I know nothing of the transaction.

EDWARD ALLEN re-examined. Baker could see Gullen take the handkerchief—he was close behind him when ha took it.

GULLEN*— GUILTY . Aged 19.

BAKER*— GUILTY . Aged 18.

Transportd for Seven Year*.

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