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<p>292. (M.)
<persName id="t17680413-38-defend342" type="defendantName"> Morris Jenkins
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<interp inst="t17680413-38-defend342" type="gender" value="male"/> </persName> was indicted, for
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<interp inst="t17680413-38-off211" type="offenceSubcategory" value="theftFromPlace"/> that he on the
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<join result="offenceCrimeDate" targOrder="Y" targets="t17680413-38-off211 t17680413-38-cd212"/>, about the hour of twelve in the night, did steal, pluck up, or dig up, two thousand cauliflower plants, the property of
<persName id="t17680413-38-victim344" type="victimName"> George Wallis
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<join result="offenceVictim" targOrder="Y" targets="t17680413-38-off211 t17680413-38-victim344"/> </persName> , which were growing, standing, and being in the garden-ground of the said George </rs>. ++</p>
<p>
<persName id="t17680413-38-person345"> George Wallis
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<interp inst="t17680413-38-person345" type="given" value="George"/>
<interp inst="t17680413-38-person345" type="gender" value="male"/> </persName> . I live in
<placeName id="t17680413-38-crimeloc213">Old Gravel-lane, Ratcliff highway</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17680413-38-off211 t17680413-38-crimeloc213"/>; my garden ground is in Old Gravel-lane, there are four acres of it, it is inclosed with ditches; I lost two thousand cauliflower plants out of it on the 24th of November at night, I was informed the prisoner had stole them; he was taken up on Easter Sunday, I charged him with taking them, but I did not hear him speak a word in his defence.</p>
<p>
<persName id="t17680413-38-person346"> Jeremiah Holloway
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<interp inst="t17680413-38-person346" type="gender" value="male"/> </persName> . I am above fourteen years old, I live in Limehouse; I did live with Mr. Cole at Bromley, he hired the prisoner to get him some cauliflower plants; he went out and got the boat-head full, and brought them home at night, tied over with young Mr. Cole's apron.</p>
<p>Q. What is Mr. Cole?</p>
<p>Holloway. He is a gardener.</p>
<p>Q. When was this?</p>
<p>Holloway. This was at the same time Mr. Wallis lost his plants.</p>
<p>Q. How do you know that?</p>
<p>Holloway. Because Mr. Wallis came down, and saw them fresh planted.</p>
<p>Q. Did you hear Mr. Cole direct the prisoner where to get them?</p>
<p>Holloway. No, I did not; but I heard the prisoner say he brought them from Old Gravel-lane.</p>
<p>Q. What day of the week did he bring them ho?</p>
<p>Holloway. It was on a Wednesday night about nine or ten o'clock, and young Mr. Cole planted them in his father's ground on the Thursday; Mr. Cole kept a public-house at that time; the prisoner would never go in at breakfast time or dinner, without sending me in first, fearing Mr. Wallis was there; next Sunday Mr. Wallis came down and saw them; the prisoner threatened my life if I spake of it.</p>
<p>Q. Did he tell you Mr. Walli's name, or describe him?</p>
<p>Holloway. He told me a gentleman of a middle size. in a light-coloured coat and a blue apron; (such was the prosecutor;) the prisoner left his place, fearing he should be taken.</p>
<p>
<persName id="t17680413-38-person347"> Michael Towers
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<interp inst="t17680413-38-person347" type="given" value="Michael"/>
<interp inst="t17680413-38-person347" type="gender" value="male"/> </persName> . I am a gardener, I lived at Mr. Cole's; the prisoner borrowed some money of his young master, I do not know how much, and the next morning he brought home some cauliflower plants, but where they came from I do not know; he planted them out his own self; Mr. Wallis came the Sunday following, the prisoner and I were binding turnips together in the yard near the house; he seeing Mr. Wallis, he took some rods and walked down the garden, and would not be seen by him; there were great enquiring after the plants, but they could not find it out; the prisoner staid with Mr. Cole about a month or six weeks after this, and then went away; when he was charged with it he said he brought no plants.</p>
<p>Prisoner's defence.</p>
<p>There was a gentleman at Low Layton gave my master a quantity of cauliflower plants, these were they that Mr. Wallis saw, fresh planted under the wall; I was not sent to fetch them, they were sent up by a man; I took them down in a basket, and planted them out the next day.</p>
<p>Wallis. These plants were the same as mine; there is as much difference between plants that are raised under glasses and those in natural ground, as there is between a cabbage-plant and a cauliflower; mine were not raised under glasses.</p>
<p>For the prisoner.</p>
<p>
<persName id="t17680413-38-person348"> William Cole
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<interp inst="t17680413-38-person348" type="given" value="William"/>
<interp inst="t17680413-38-person348" type="gender" value="male"/> </persName> . I live at Bromley, I am a farmer and gardener; the prisoner worked for me, so did the other two evidences; I never saw a plant of Mr. Wallis's in my life; I neither sent the prisoner, nor gave him money to go for any, I had plants enough of my own; I had two baskets of plants from Low Layton.</p>
<p>Q. Was these that came from Low Layton some that had been under glasses?</p>
<p>Cole. I do not know, I never saw them, I am very seldom at home.</p>
<p>Towers. They were never under glasses; when Mr. Wallis came, I shewed him all the plants I had; which might be eight or ten thousand, or more.</p>
<p>
<persName id="t17680413-38-person349"> William Cole
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<interp inst="t17680413-38-person349" type="gender" value="male"/> </persName> , jun. I live with my father; I never saw the prisoner bring a plant in my life; I had a parcel about November came from Low Layton, this was about a week or ten days before
<xptr type="pageFacsimile" doc="176804130025"/> Mr. Wallis came; these were what Mr. Wallis looked at under the wall, they were raised under glasses; the reason the prisoner left us was because he wanted his wages raised, and my father would not raise them; I brought one parcel myself from Low Layton, the other were sent, but I was not at home when they came.</p>
<p>Wallis. When I was down there, Mr. Cole told me he expected some plants from Low Layton, but they were not come then, and these were planted out then.</p>
<p>
<persName id="t17680413-38-person350"> William Cole
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<interp inst="t17680413-38-person350" type="gender" value="male"/> </persName> , sen. They came at two different times; this boy, Holloway, has been a thief, he used to rob my house; I have catched him stealing eggs, and knives, and things; he has swore I have beat him when I have never touched him.</p>
<p>Q. How many plants might there be in the first parcel from Low Layton?</p>
<p>Cole, sen. I believe there were about two or three thousand of them in all.</p>
<p>Prisoner. The cause of my going away was, my master would not give me more wages; last Monday se'nnight, at night, Mr. Wallis came to me in the garden, and said, Morris, come and take part of a pot of beer; we went into the alehouse together; he said he had a favour to ask of me, he wanted six or seven holes of cucumber-plants; I said, if my master has any to spare he must go to him; I think, said I, it is strange you should come to collogue with me; I went down in the ground to work; He came, and wanted me to go and drink with him again, I did not know his intent; I said I must stay and water, I said I would come; he went away; when he was gone, a gentleman said, go along, Morris, there is a man in the road wants you; I owed a little money, I thought it was the man that I owed it to; I went off into the country a little way, for fear of being taken for a debt.</p>
<p>Q. to prosecutor. Did you go to the prisoner as he has mentioned?</p>
<p>Wallis. I did, and spake to him as he has said; the officer was not with me the first time to take him, I went out for the officer; I was not out two minutes before the prisoner was run away.</p>
<p>Q. Was not there the master of the public-house?</p>
<p>Wallis. The master of the public-house abused me for bringing the officer, and went to the window, and hallooed out, Morris, make off.</p>
<p>Valentine Ludford. I keep a public-house in Virginia-street; the prosecutor was at my house on Easter Monday, he asked Morris about some cucumber-plants; they staid about half an hour, then Morris went to his work, the garden in close to my house; the prosecutor came again in the afternoon.</p>
<p>Q. Did you call to Morris to bid him go off?</p>
<p>Ludford. What should I for?</p>
<p>Court. Answer the question.</p>
<p>Ludford. I did not give him an account of any body being after him.</p>
<p>Court. Answer the question, yes or no.</p>
<p>Ludford. I did not; I was informed he was indebted to a baker, and he is a poor fellow with hardly a shirt to his back, and it was better to get out of the way till he was more able to pay.</p>
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