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<div0 id="17801018" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t17801018-21">
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<interp inst="t17801018-21" type="collection" value="BAILEY"/>
<interp inst="t17801018-21" type="year" value="1780"/>
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<join result="criminalCharge" id="t17801018-21-off109-c207" targOrder="Y" targets="t17801018-21-defend253 t17801018-21-off109 t17801018-21-verdict112"/>
<persName id="t17801018-21-defend253" type="defendantName"> JOHN TURNER
<interp inst="t17801018-21-defend253" type="surname" value="TURNER"/>
<interp inst="t17801018-21-defend253" type="given" value="JOHN"/>
<interp inst="t17801018-21-defend253" type="gender" value="male"/> </persName> was indicted for
<rs id="t17801018-21-off109" type="offenceDescription">
<interp inst="t17801018-21-off109" type="offenceCategory" value="theft"/>
<interp inst="t17801018-21-off109" type="offenceSubcategory" value="burglary"/> burglariously breaking and entering the dwelling house of
<persName id="t17801018-21-victim255" type="victimName"> Isaac Walton
<interp inst="t17801018-21-victim255" type="surname" value="Walton"/>
<interp inst="t17801018-21-victim255" type="given" value="Isaac"/>
<interp inst="t17801018-21-victim255" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17801018-21-off109 t17801018-21-victim255"/> </persName> , on the
<rs id="t17801018-21-cd110" type="crimeDate">8th of October</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17801018-21-off109 t17801018-21-cd110"/>, about the hour of seven in the night, and stealing three diaper table-cloths, value 6 s. seven linen stocks, value 5 s. two linen shirts, value 5 s. and two linen shifts, value 4 s. the property of the said Isaac, in his dwelling house </rs>.</p>
<p>2 d Count. For burglariously breaking and entering the dwelling house with intent to steal the goods of the said Isaac.</p>
<persName id="t17801018-21-person256"> ISAAC WALTON
<interp inst="t17801018-21-person256" type="surname" value="WALTON"/>
<interp inst="t17801018-21-person256" type="given" value="ISAAC"/>
<interp inst="t17801018-21-person256" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in
<placeName id="t17801018-21-crimeloc111">Robinhood-court, Milk-street</placeName>
<interp inst="t17801018-21-crimeloc111" type="placeName" value="Robinhood-court, Milk-street"/>
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<join result="offencePlace" targOrder="Y" targets="t17801018-21-off109 t17801018-21-crimeloc111"/>. On the 8th of October, at a little past seven in the evening, I returned home from Islington; while I stopped at the bottom of the court to make water I perceived a man jump out of the parlour window of my house; immediately after that I perceived another jump out; as he came past me he gave me a wheel round; then I saw a third jump out, which was the prisoner. I catched him by the throat and said, I would hold him if he was the Devil. I seised him by the collar and cried out thieves and murtherers! and I held him till some neighbours came; then my wife, who was behind me, came up and opened the door; there was nobody in the house. I went out about half after one; she came to me about an hour and an half after, and we walked up to Islington; when my wife had opened the door I took him in; when I came into the parlour I saw a table-cloth spread upon the oil-cloth, and the sundry things, mentioned in the indictment, laid upon it; they had been taken out of a drawer in the same room.</p>
<p>When had you seen them in the drawer before? - I suppose three or four days; when I took him in and found these things laid upon on the table-cloth I held him by the throat and asked him if these things were his? He made no answer; the sash was pulled down; there was a pane of glass in the sash broke. I suppose they got the window open by breaking the pane of glass and putting an hand in and opening the fastening to the sash; the pane, which was broken, was immediately under the fastening.</p>
<p>The other two got away? - Yes. I had not the same presence of mind as I had when I seised this, or they would have stood no better chance than this man.</p>
<p>Was it dark then? - It was light enough to see him.</p>
<p>Was it by day-light or the light of the lamps you saw him? - By the day-light.</p>
<p>You could see him plain enough by the day-light to know him? - Yes.</p>
<persName id="t17801018-21-person257"> THOMAS HUDSON
<interp inst="t17801018-21-person257" type="surname" value="HUDSON"/>
<interp inst="t17801018-21-person257" type="given" value="THOMAS"/>
<interp inst="t17801018-21-person257" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in the same court. I came home about a quarter after seven; there was an uproar in the court. I went into Mr. Walton's house he had the prisoner by the collar. I fetched a constable and we took the prisoner to the compter; going into the compter there is a bench; I saw him put his hand to the bench and put down this key (producing it.)</p>
<persName id="t17801018-21-person258"> CHRISTOPHER THOMAS
<interp inst="t17801018-21-person258" type="surname" value="THOMAS"/>
<interp inst="t17801018-21-person258" type="given" value="CHRISTOPHER"/>
<interp inst="t17801018-21-person258" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a constable. I searched the prisoner but did not find any thing upon him; the clothes were delivered to me by Mr. and
<xptr type="pageFacsimile" doc="178010180026"/> Mrs. Walton; they have been in my custody ever since (producing them.)</p>
<p>Mrs. WALTON sworn.</p>
<p>I found the table-cloth spread on the floor of the parlour, I went in first by myself and found all these things upon it; they are my husband's property; I left them all in the drawers when I went out.</p>
<p>Cross Examination.</p>
<p>Does your husband rent this house? - Yes</p>
<p>Is it a large or a small one? - A small one.</p>
<p>Have you any lodgers? - Only one; he went out at six in the morning, and went with his master into the country to remove some furniture, and did not come home till the Monday night.</p>
<p>As I was coming from the other end of the town; I had occasion to go through this court. This gentleman laid hold of me by the collar, and used this expression, that he never hung one, but by G - d he would hang me.</p>
<p>To Walton. Are you sure the prisoner jumped out of the window? - Yes, I was but about three yards and a quarter from the window. I seised him directly.</p>
<rs id="t17801018-21-verdict112" type="verdictDescription">
<interp inst="t17801018-21-verdict112" type="verdictCategory" value="guilty"/>
<interp inst="t17801018-21-verdict112" type="verdictSubcategory" value="theftunder5s"/> NOT GUILTY of burglariously breaking and entering the dwelling-house, but GUILTY of stealing the goods to the value of five shillings </rs>.
<rs id="t17801018-21-punish113" type="punishmentDescription">
<interp inst="t17801018-21-punish113" type="punishmentCategory" value="imprison"/>
<interp inst="t17801018-21-punish113" type="punishmentSubcategory" value="hardLabour"/>
<join result="defendantPunishment" targOrder="Y" targets="t17801018-21-defend253 t17801018-21-punish113"/> N. 3 years </rs>.</p>
<p>Tried by the London Jury before Mr. RECORDER.</p> </div1></div0>

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