<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 id="17580405" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t17580405-35">
<xptr type="pageFacsimile" doc="175804050031"/>
<xptr type="preceedingDiv" divtype="trialAccount" id="t17580405-34"/>
<xptr type="followingDiv" divtype="trialAccount" id="t17580405-36"/>
<interp inst="t17580405-35" type="collection" value="BAILEY"/>
<interp inst="t17580405-35" type="year" value="1758"/>
<interp inst="t17580405-35" type="uri" value="sessionsPapers/17580405"/>
<interp inst="t17580405-35" type="date" value="17580405"/>
<join result="criminalCharge" id="t17580405-35-off167-c258" targOrder="Y" targets="t17580405-35-defend317 t17580405-35-off167 t17580405-35-verdict170"/>
<p>191. (L.)
<persName id="t17580405-35-defend317" type="defendantName"> William Chamberlayne
<interp inst="t17580405-35-defend317" type="surname" value="Chamberlayne"/>
<interp inst="t17580405-35-defend317" type="given" value="William"/>
<interp inst="t17580405-35-defend317" type="gender" value="male"/> </persName> was indicted for
<rs id="t17580405-35-off167" type="offenceDescription">
<interp inst="t17580405-35-off167" type="offenceCategory" value="theft"/>
<interp inst="t17580405-35-off167" type="offenceSubcategory" value="grandLarceny"/> stealing twelve pounds wt. of sugar, value 4 s. </rs> the property of
<persName id="t17580405-35-victim319" type="victimName"> Samuel Turner
<interp inst="t17580405-35-victim319" type="surname" value="Turner"/>
<interp inst="t17580405-35-victim319" type="given" value="Samuel"/>
<interp inst="t17580405-35-victim319" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17580405-35-off167 t17580405-35-victim319"/> </persName> ,
<rs id="t17580405-35-cd168" type="crimeDate">March 9</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17580405-35-off167 t17580405-35-cd168"/>. ++</p>
<persName id="t17580405-35-person320"> Henry Chinner
<interp inst="t17580405-35-person320" type="surname" value="Chinner"/>
<interp inst="t17580405-35-person320" type="given" value="Henry"/>
<interp inst="t17580405-35-person320" type="gender" value="male"/> </persName> . The prisoner sometimes works at the wharfing-work on
<placeName id="t17580405-35-crimeloc169">galley-key</placeName>
<interp inst="t17580405-35-crimeloc169" type="placeName" value="galley-key"/>
<interp inst="t17580405-35-crimeloc169" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17580405-35-off167 t17580405-35-crimeloc169"/>, and I am a watchman to take care of the warehouses, for the company of wharfingers. About 9 o'clock at night, on the 9th of March, I was on my duty, and saw three men come quick out of a warehouse, the prisoner was the last of them; he had a hard knob of sugar under each arm, he dropped them, and ran away. I could not take him, so I came back and took up the sugar.</p>
<p>Q. What goods were in that warehouse?</p>
<p>Chinner. There was sugar, and of the very same fort which the prisoner dropped.</p>
<p>Q. Whose property?</p>
<p>Chinner. The property of Mr.
<persName id="t17580405-35-person321"> Samuel Turner
<interp inst="t17580405-35-person321" type="surname" value="Turner"/>
<interp inst="t17580405-35-person321" type="given" value="Samuel"/>
<interp inst="t17580405-35-person321" type="gender" value="male"/> </persName> , when I went into the warehouse, I saw a large cloth by a hogshead of sugar that had the top taken off; there was a quarter of a hundred and sixteen pounds of sugar on the cloth, which they had not time to take away. I knowing the prisoner, went and inquired for him of the officers at the Tower, and they delivered him to me, and I carried him before my Lord-mayor; there he was examined, he denied it at first; but at last wanted to turn evidence.</p>
<p>Q. Did he own he took the sugar?</p>
<p>Chinner. He told us who were there, and did take it, but we cannot find them; his wife came to me since to go to him to the counter, and then he wanted to be admitted an evidence, and desired me to lessen the weight of the sugar upon his trial, and said he could make up the value of a guinea, if I would do that.</p>
<p>Q. Are you sure he is the man that dropped the sugar, for it was dark at that time?</p>
<p>Chinner. I had my lanthorn in my hand, and he came out side-ways to me; and I knowing him well before, am very certain he is the man.</p>
<persName id="t17580405-35-person322"> William Lickus
<interp inst="t17580405-35-person322" type="surname" value="Lickus"/>
<interp inst="t17580405-35-person322" type="given" value="William"/>
<interp inst="t17580405-35-person322" type="gender" value="male"/> </persName> . I am a watchman: mr. Chinner called me, and said he had a warehouse broke open. I went with him to the warehouse, we found the staple of the door drawn out, the door open, and a cloth lying on the floor with a good deal of sugar in it; he shewed me the two pieces that he said he picked up; we found an old hat in the hogshead of sugar. (Produced in court.) It is a very remarkable cropped hat; I have seen the prisoner at work with this on, many a time.</p>
<p>Prisoner's defence.</p>
<p>I was at home in my bed from 7 that night till 11, I never saw that hat in my life; this is the hat I worked in. (Producing another.)</p>
<p>For the prisoner.</p>
<persName id="t17580405-35-person323"> Elizabeth Bannister
<interp inst="t17580405-35-person323" type="surname" value="Bannister"/>
<interp inst="t17580405-35-person323" type="given" value="Elizabeth"/>
<interp inst="t17580405-35-person323" type="gender" value="female"/> </persName> . I have been acquainted with the prisoner about four months.</p>
<p>Q. Do you live in the same house with him?</p>
<p>Bannister. No I do not; but I do not live a great way off; I was at his lodgings on the 9th of March last, I went about half an hour after 7 in the evening, I staid talking with his wife.</p>
<p>Q. Was he at home.</p>
<p>Bannister. He was.</p>
<p>Q. What is your business ?</p>
<p>Bannister. I have no settled business: I call there very often.</p>
<p>Q. Had you any business there that night ?</p>
<p>Bannister. No, none in particular.</p>
<p>Q. How long did you stay there?</p>
<p>Bannister. Till just on the stroke of 10, as high as I can remember.</p>
<p>Q. How came you to be so particular as to know it was the 9th of March?</p>
<p>Bannister. His wife came the next morning, and told me he was in trouble; so I remember it.</p>
<p>Q. to Chinner. When was the prisoner taken up?</p>
<xptr type="pageFacsimile" doc="175804050032"/>Chinner. I took him the next morning at 11 o'clock.</p>
<p>Q. to E. Bannister. What time did the prisoner's wife come to you that morning?</p>
<p>Bannister. It was about 1 or 2 in the day; I cannot say particularly the time.</p>
<p>Q. How came you to be so particular as to half an hour after 7.</p>
<p>Bannister. Because they were going to have a bit of victuals for supper, and they desired me to go for a pot of beer; he was in bed when I left him.</p>
<p>Q. What time did he sup?</p>
<p>Bannister. I cannot tell.</p>
<p>Q. Was he well or ill?</p>
<p>Bannister. He was very well.</p>
<p>Q. How came he to go to bed so soon?</p>
<p>Bannister. He gave no reason for that.</p>
<p>Q. What time did he go to bed?</p>
<p>Bannister. I believe he went to bed about a quarter of an hour before I came away; his wife told me she was going to washing.</p>
<p>Q. Where did you eat your supper?</p>
<p>Bannister. In that room.</p>
<p>Q. Did he undress himself while you was in the room?</p>
<p>Bannister. He did, behind the curtain.</p>
<p>Q. What day of the week was the 9th of March?</p>
<p>Bannister. It was on a Thursday.</p>
<persName id="t17580405-35-person324"> Robert Mallop
<interp inst="t17580405-35-person324" type="surname" value="Mallop"/>
<interp inst="t17580405-35-person324" type="given" value="Robert"/>
<interp inst="t17580405-35-person324" type="gender" value="male"/> </persName> . I am a serjeant. The prisoner and I were abroad together in the year 1742, in the first regiment of guards, we are in that now; I have known him near 16 years.</p>
<p>Q. What is his general character?</p>
<p>Mallop. His character was exceeding good; he suttled for the camp both at home and abroad; he never was punished neither at home nor abroad, to my knowledge; he is in the same regiment with me, but not in the same battalion; he went a volunteer into another, when the volunteers went abroad, and he was of very great service to us abroad; he has a family, and has endeavoured hard to bring them up.</p>
<p>There were four other serjeants gave him the same Character.</p>
<rs id="t17580405-35-verdict170" type="verdictDescription">
<interp inst="t17580405-35-verdict170" type="verdictCategory" value="guilty"/> Guilty </rs>.</p>
<persName id="t17580405-35-person325"> Elizabeth Bannister
<interp inst="t17580405-35-person325" type="surname" value="Bannister"/>
<interp inst="t17580405-35-person325" type="given" value="Elizabeth"/>
<interp inst="t17580405-35-person325" type="gender" value="female"/> </persName> was committed to Newgate for Perjury.</p>
<rs id="t17580405-35-punish171" type="punishmentDescription">
<interp inst="t17580405-35-punish171" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17580405-35-defend317 t17580405-35-punish171"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1></div0>

View as Text