WILLIAM HARKELL, GEORGE JOHNSON.
15th August 1864
Reference Numbert18640815-817
VerdictNot Guilty > unknown

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817. WILLIAM HARKELL (21), and GEORGE JOHNSON (30) , Burglary in the dwelling-house of Henry Phelps Baxter, and stealing 2 boxes and 50 bottles, his property.

MR. DALEY conducted the Prosecution, and MR. PATER defended Johnson.

SAMUEL VINCENT . I am clerk to Henry Phelps Baxter, a farmer, at Southall—on Tuesday, 26th July, I locked up the counting-house, and on 27th, about 5 in the morning, I found it had been broken into, and missed two boxes and some empty bottles—this knife produced was on the desk when I locked the place up—it is mine—the counting-house is attached to the house, and is part of the house—I did not sleep there.

Cross-examined. Q. Is that knife in the same condition as when you last saw it? A. Yes—it is a common knife.

BENJAMIN GBORGE . I am a carter in the service of Mr. Baxter—on Wednesday

morning, 27th July, about 1 o'clock, I was coming to market with my master's cart—when I got to the gate I saw both the prisoners in the road—before that I saw one of them coming out of the counting-house—I said, "What are you doing there?" three times, and he would not answer me—he joined the other one in the road—I went by them, and they turned back again—there were no other persons about there at that time—not a minute elapsed from the time I saw one of them in the yard till I saw them together in the road.

JAMES STRANGE (Policeman, G 244). On 27th July, I examined Mr. Baxter's premises, there was a pane of glass broken, and a desk had been wrenched all to pieces; the top of it was smashed—I found these boxes some distance away in a corn-field—there were several other things in the counting-house, besides these—there were knives and forks of value there—I saw the two prisoners on the night previous, at five minutes to 1, in the road, near Mr. Baxter's premises—they were standing together—when I passed them they walked towards Mr. Baxter's—I have known them a number of years by sight—I took Harkell into custody—Sergeant Ravening took this knife out of Johnson's pocket, and said, "I believe this came from another job you have been doing"—Johnson said, "It did not, it belongs to me"—Ravening said that Mr. Baxter's premises had been broken open, and that was the knife that had been taken from there—I don't think Harkell heard that.

Cross-examined. Q. Had Johnson his jacket on at the time the knife was taken from him? A. No; he was about putting it on—I believe he pointed to an ash heap where his jacket was lying—Ravening asked the prisoner if this was his knife, and he said "Yes."

NOT GUILTY .


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