1st February 1841
Reference Numbert18410201-726
VerdictGuilty > with recommendation

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726. THOMAS NUTALL was indicted for stealing, on the 26th of January, 1 plank of wood, value 10s., the goods of William Nicholls.

MR. BALLANTINE conducted the Prosecution.

ROBERT DRUMMOND . I am managing clerk to William Nicholls, who has a large wharf at Paddington, and a large yard opposite the wharf—sometime ago I observed a twenty-foot plank had been removed across the yard, and laid on the dust-heap, close to the outer fence—in consequence of suspicion, I branded the plank with "W N," and watched it for several nights—on the 26th of January, I received information that it was gone—I saw the prisoner soon after, going along towards Edgware-road, a little distance from the wharf, with the plank on his back—I stopped him—hesaid, "Don't be hard with me, master Robert, I found it in the canal"—the night had been wet, and the plank was wet at one end, and the other end was dry—I have seen the plank over the way to-day, and it is the one I branded.

Cross-examined by MR. PHILLIPS. Q. Has the prisoner's father a wharf near Mr. Nicholls's? A. Yes, next to ours—we have never borrowed planks of each other—he has not got the wharf now, but he lives there I still.

JOSEPH WALKER (police-sergeant.) The prisoner was 'given into my custody by Drummond.

(The prisoner received a good character.)

GUILTY. Aged 33.—Recommended to mercy. — Confined Three Months.

Before Mr. Justice Coltman.

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