14th May 1838
Reference Numbert18380514-1346
VerdictGuilty > with recommendation

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1346. JOSHUA MARKS was indicted for stealing, on the 4th of May, 1 jacket, value 1l.; 2 pairs of trowsers, value 1l. 10s.; 1 pair of shoes, value 7s.; and 2 handkerchiefs, value 1s.; the goods of Michael Henry Hart, his master.

MR. BALLANTINE conducted the Prosecution.

ANN BOXALL . I am servant to Mr. Thompson, who keeps the North Briton Coffee-house, in High-street, Shadwell. I know the prisoner by sight having seen him occasionally at our house as a customer—I knew him to be Mr. Hart's servant—one afternoon, between two and three o'clock, he

came to our shop, with a bundle, tied up in a black handkerchief and asked me to take care of it till he called for it, and not to let any one else have it—he then left, and I told my mistress of it.

Cross-examined by. MR. DOANE. Q. Do you remember any sailor being there that day? A. No—there might have been one—many sailors do come.

JANE THOMPSON . I am the wife of William Thompson. Boxall said something to me about the parcel, and I pointed it out to my husband.

WILLIAM THOMPSON . I keep the North Briton, in High-street, Shadwell; it is just opposite Mr. Hart's shop. On the 4th of May I came home about half-past three o'clock, and found a bundle lying on the sideboard—my wife pointed it out to me—I went over to Mr. Hart—he came back with me, and opened the bundle, which contained two pairs of trowsers, a jacket, two pairs of shoes, and a handkerchief—I delivered the same bundle to the officer.

MICHAEL HENRY HART . I am a clothes-salesman, and live in Ratcliff-highway. The prisoner was in my employ,. and conducted a shop for me in Shadwell—in consequence of what Mr. Thompson told me I went over to his shop, and found this bundle there, containing these things, which are my property—I gave the prisoner no authority to take them out of my shop—he has lived with me two or there times—the last time for about three months—these are new clothes—the tickets are not taken off—if they had been sold they would have been, and the tickets would have been entered in my stock-book.

Cross-examined. Q. Art they what are called slops? A. Yes—on one occasion the prisoner was out of bread, and I put him into my shop—if he had sold these things, he would have accounted to me for the money, and have returned me the tickets.

ENEAS M'ALLEN (police-constable K. 95.) I took the prisoner into custody—as he was going to the station-house, he said he was very sorry for what he had done, he knew he had done wrong.

(The prisoner received a most excellent character.)

GUILTY Aged 26.—Recommended to mercy by the Jury and Prosecutor .

Confined One Month.

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