7th July 1856
Reference Numbert18560707-703
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown

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703. THOMAS JONES, WILLIAM LEARY , and JOHN SHARP , burglariously breaking and entering the dwelling house of Isaac Robinson, with intent to steal.

MR. CAARTEN conducted the Prosecution.

ISAAC ROBINSON . I am a miller, and live at Windmill-hill, Enfield. Between 1 and 2 o'clock on 17th June I heard a noise—I had had a cow blown the night before, and I thought my son had got up to look at it—I took no notice of it—in three or four minutes afterwards I heard a noise in the lower part of the house; I got out, and looked out of the window—the room I sleep in is in the front of the house—I did not see any one, but saw the path gate was open—there is a garden in front of the house, which leads into a private road—the shutter of the lower room window was broken open—I called my son, and after that saw the prisoner Sharp run out of my house, by the front door—he ran down the path into the road—(it was between light and dark)—when Sharp got out in the road he whistled, and Jones came out at the same door, and went down the same road after him, and they whistled again—I saw Leary standing in the road when Sharp ran out of the door—when they had whistled again, the three of them ran away down the road towards Barnet—they ran away, as if together—one of my sons, Benjamin, went after them—I afterwards examined my house—the window was open—the shutter was hanging off; the iron plate through which the pin went was wrenched off—I had fastened it up, between 9 and 10 o'clock at night—in the front room I had two tea caddies, which had contained tapes, and threads, and a parcel of things—all the contents were

pulled out of them—they were in a room on the same floor as the room where the window had been forced—nothing had been taken away to my knowledge—I observed the men's dress—they seemed to me to be dressed in the same way that the prisoners are now.

Cross-examined by MR. METCALFE. Q. Where were you standing when you saw the men go out of the house? A. At my bed-room window, which may be six or seven feet from the ground—I was looking out of the window when the men went out of the door—the door is not exactly under the window, but by the side of it—they walked straight along the path to the gate—there was no lamp or light of any kind—one of my sons sleeps in the next room, and the other in the next to him—I called to my son before I saw the man go out at the door—I said, "Get up, I think there is somebody in the house"—I said it in a moderate tone—the man went out—I believe him to have been in the cellar—when I called my son he slipped on his trowsers, waistcoat and shoes, and away he went—this was between 1 and 2 o'clock—I have not the least doubt of Sharp being the man who ran out—to the best of my belief he is; I say that from his dress and from his size—I did not see his face—his general appearance resembles him.

COURT. Q. Did you examine the cellar? A. The cellar door was wide open when I went down—I did not miss anything from the cellar.

BENJAMIN ROBINSON . I am a son ef the last witness and live with him. Between 1 and 2 o'clock on the morning of 17th June my father called me, I got up immediately—I saw one man run out, and a whittle was given—I had not heard any noise before I saw a man—he ran out from the front door of the dwelling house—my room is just over the door, I saw the back part of the man—he never was oat of my sight from the time he left the house till I left him at the police station—it was Sharp—when I looked out he was running down the path—on seeing him run I followed down stairs—I first put on my clothes and went down and went out of the front door—I heard a second man go out an I was going down the stairs—after I saw the first man running and heard the second man go out, I heard a whistle again—I heard the first whistle when the first man ran out—I could not tell who whistled—I went down the path, and saw three men running on Slade's-road to Barnet—they might be fifty yards down the road when I saw them running, and between fifty and a hundred yards from me—I followed them—they went as far as Mr. Slade's and turned into Russell's footpath-field—I should think Mr. Slade's is a quarter of a mile from my father's house, it is in the Barnet-road—I heard them speak one to the other—I followed them up Russell's footpath-field—I let them go on about a mile till they came to some cottages in Old Park-lane, where I was well known—they wene walking then—they ran about a mile and then walked—I walked after them till they came to those cottages—I then walked before them and charged them with breaking into my father's house—one of them, I believe it was Leary, said I must be dreaming—I said I did not think I was, and asked them to go with me to the police station—Leary and Sharp said they would—Jones said he should go his own road—we all four went on together by the Green Dragon in Mann's-lane—that was the direction in which they were going—when we were in Mann's-lane, I called out for a constable—I should say that was another mile from where I came up to them, between two and three miles from our house—I heard a constable run and stop at the Green Dragon—he said, "Halloo;" I hallooed again, he came up to us and I gave the prisoners in charge—they said they could easily have

run away and pitched me over the hedge—they were taken to the station.

Cross-examined. Q. Are there houses along the footpath between the cottages and the Green Dragon? A. Yes, there is a hedge on one side and cottages on the other—not—all the way—it is a lonely place; here and there cottages—I was perhaps 200 or 300 yards from the Green Dragon when I heard the policeman stop—I could hear him running, and he stopped at the bottom of the lane—the prisoners and I said but very little—I told them directly that they had broken into my father's house, and they said I was dreaming—we went directly to the station—there are a few cottages and houses about the Green Dragon—it is a house where a good many persons stop—I expected to see a policeman down there—I saw the first man go out of the house—I am quite sure it was the first man—I was looking out of the window when he went out and went down the path—when I looked out at the window he was going out at the door, he was partly out and partly in.

Q. Do you mean to swear that you saw him, and heard the second man go out? A. Yes—and when I got out of the door I saw the men—I put on my trowsers and jacket, and shoes and cap—when I get out of my bed-room the stairs are close by my side—when you get down you turn out of the door—the garden may be about fifty yards long—there is a gate at the end of the garden, that was open—I should say when I went out of the house door the men were about fifty yards beyond the garden—fifty yards further.

Q. Do you mean to say that you saw them at all when you got out, or did you hear anything more than footsteps going down the road? A. There were persons then in sight—I did not tell the policeman that I heard their footsteps—I told the policeman I heard two persons run out of the house. (The witness's deposition being ready stated," I heard two persons, one after the other, run out of the house; they ran down Slade's road; I heard their footsteps in the road, and heard them turn out of the road into the foot-path.")

COURT. Q. Did you hear them or see them? A. I saw them, Sir—I saw one run out of the house—that was the first one—I told the Magistrate so.

MR. CAARTEN. Q. You said before the Magistrate that you had seen them? A. Yes, one ran from the house—when I got into the garden, I saw them all three running—I said that before the Magistrate—I don't think it is taken down—the clerk read this deposition over to me afterwards, I did not interrupt him, and tell him he had not taken down correctly what I said—I am quite sure I told the Magistrate, and it is the fact that I did see them when I got in the road—I never lost sight of them after I got in the garden till they were taken by the policeman—I did not see any body else on the road.

COURT. Q. Were you ever a witness before a Magistrate before or since? A. No.

WILLIAM HAYNES (policeman, N 196). I was on duty near the Green Dragon in Mann's lane, about half past 2 o'clock in the morning of 17th June, I heard a cry of police when I was at the Green Dragon, I saw the persons at the end of the lane, I could not tell who they were till I came up to them, and they were the three prisoners and the last witness—I asked what was the matter—the last witness said, "These three men broke into my father's premises, I wish them to be taken to the station"—I told the prisoners they must come with me—one of them said, "Very well, I suppose we must go"—Leary said, "I did not know what he meant, if we had known,

we could easily have chucked him over into the hedge"—I took them to Enfield station.

JONES— GUILTY . Aged 22.

LEARY— GUILTY . Aged 22.

SHARP— GUILTY . Aged 20.

Confined Fifteen Months.

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