24th November 1856
Reference Numbert18561124-43
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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43. THOMAS COLE , burglariously breaking and entering the dwelling house of John Pestle, and stealing 18lbs. weight of pork, and other articles, value 1l. 19s. 6d.; his goods.

MR. CAARTEN conducted the Prosecution.

JOHN PESTLE . I live at No. 1, Brandon-row, Caledonian-road, and keep a beershop. On Saturday night, 13th Sept, I went to bed about 12 o'clock—before I went to bed I went round the house, and fastened every door and window—I was the last person up—I was called up next morning, about half past 5 o'clock, by a neighbour, seeing my door open—I found the side door open, and there was an entrance to my back yard—I missed a copper tea kettle, some cheroots, some halfpence, farthings, and some other things—this is my kettle; I can swear to it; I soldered this handle on the lid seven years ago.

CHARLES BILLITT . I live in Bingfield-Street, Caledonian-road. I knew the prisoner—I know Timothy Carter—(See vol. xliv., pages 925 and 999) on Saturday night, 13th Sept, we went to Mr. Pestle's house—we got there about 2 o'clock—the prisoner told me to stand outside, and watch for a policeman, and if I saw one I was to tap at the door—the prisoner and Carter went round into Cook's yard, and got over the back wall to Mr. Pestle's—they said they were going to get through the back window, and if I heard any noise I was to tap at the door—I saw them again in half an hour after—they came out at the side door, which leads into a road—they had with them some pork, some cigars, some cheese, and some candles and sugar, and I saw them with this kettle—I ran away, and got home before them, to Tim Carter's house, in Sutton-gardens—the prisoner was lodging there—I saw them afterwards come to the house, and bring with them the things that I saw them bring out of the prosecutor's house.

Prisoner. Q. How far were you standing from the place? A. A very little distance—I did not see you go into the house—I saw you come out at the side door with the things.

SARAH CARNELL . I live in Brandon-road. On Sunday, 14th Sept., I was living at Timothy Carter's house, in Sutton-gardens—there were only two rooms in the house—the prisoner lived there at that time—I cannot tell how long I had been staying in the house—I think the prisoner had been there about a fortnight—on that Sunday morning I saw this tea kettle in Carter's house, and some cheese, candles, moist and lump sugar, and some farthings—this was between 8 and 9 o'clock in the morning—the prisoner and Carter were then in the house—I saw the prisoner take this tea kettle out of Timothy Carter's house to a house up higher, to Joseph Barnard's, who is a sweep.

LUKE JAMES TOMLIN (policeman, A 315). On 27th Oct. I took the prisoner outside this Sessions House door, when I was waiting here for Carter's trial—I told him I took him on a charge of breaking and entering Mr. Pestle's house—he told me he could prove where he had been for three years—I said I believed I could prove where he had been twelve months of that three years—he said that I was mistaken.

Prisoner. When I heard of this I went and gave myself up; the man said I was not the person, but, being outside this place, the officer took me.


The prisoner was further charged with having been before convicted.

JAMES GIBBS (policeman, N 66). I produce a certificate—(Read: "Clerkenwell Sessions; Thomas Cole, Convicted Jan., 1854, of stealing 28 lbs. of leaden pipe, having been before convicted; Confined twelve months")—the prisoner is the person.

GUILTY. Aged 20.— Four Years Penal Servitude.

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