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<persName id="t17831210-20-defend316" type="defendantName"> JAMES GODFREY
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<interp inst="t17831210-20-defend316" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17831210-20-off125" type="offenceSubcategory" value="theftFromPlace"/> feloniously stealing on the
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<join result="offenceCrimeDate" targOrder="Y" targets="t17831210-20-off125 t17831210-20-cd126"/> instant, thirty yards of scarlet woollen cloth, value 14 l. the goods of
<persName id="t17831210-20-victim318" type="victimName"> Edward Shepherd
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<join result="offenceVictim" targOrder="Y" targets="t17831210-20-off125 t17831210-20-victim318"/> </persName> , privately in his warehouse </rs>.</p>
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<persName id="t17831210-20-person319"> ROBERT BLADES
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<interp inst="t17831210-20-person319" type="given" value="ROBERT"/>
<interp inst="t17831210-20-person319" type="gender" value="male"/> </persName> sworn.</p>
<p>I am clerk to Mr. Shepherd, a
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<join result="persNameOccupation" targOrder="Y" targets="t17831210-20-victim318 t17831210-20-viclabel128"/>; on the first of December he lost this cloth.</p>
<p>Court. Is his warehouse the place where his goods are usually exposed to sale? - Yes.</p>
<p>Does he sell by retail? - No, by commission.</p>
<p>Was you in his warehouse any time the first of December last? - Yes, on the first of December, between eleven and twelve in the morning, I saw the prisoner with this piece of cloth on his shoulder.</p>
<p>What quantity? - About thirty-four yards, or thereabouts, I cannot say to half a yard.</p>
<p>How far might that be from your warehouse? - Just outside the door.</p>
<p>Had you seen him in your shop before? - Upon seeing him with the cloth, I supposed he had taken it out of our shop, he was going off with it in Basinghall-street, and I followed him, at the corner of Basinghall-street, he looked to see if any body pursued him, he attempted to run away from me when I collared him, he pitched down the cloth when he saw come up, I asked him where he was going with it, he said a man sent him for it, I asked him what man, I told him it was Mr. Shepherd's cloth, and took him back to Mr. Shepherd's.</p>
<p>Court. In this warehouse your master sells goods by commission? - Yes.</p>
<p>They are never exposed to sale in this warehouse? - Not till a person asks for them, we sell none by retail, it is for home trade or exportation.</p>
<p>Court. You do not know at all how the cloth was taken out of your warehouse? - No.</p>
<p>How near the water side was your warehouse? - It is in Basinghall-street, just by Guildhall, I saw the cloth about half an hour before, it stood upon its head.</p>
<p>(The cloth deposed to.)</p>
<p>Prisoner. I have had the drum of my ear broke, I have not heard a word of what the Gentlemen have said.</p>
<p>Jury. Did the prisoner return with you? - I led him back, I never lost sight of the prisoner till I took him, nor of the cloth.</p>
<p>(The cloth deposed to by Mr. Shepherd.)</p>
<persName id="t17831210-20-person320"> EDWARD SHEPHERD
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<p>I am a Blackwell-hall factor, I never sell any goods by retail.</p>
<p>Do you break bulk before you deliver the goods? - No.</p>
<p>Some of your goods are disposed of to home customers, and some to foreign? - Yes.</p>
<p>Are these locked up or open? - They are put up in papers and done upon shelves.</p>
<p>Are these shelves open? - Yes.</p>
<p>You never expose any of your goods on the outside of your shop? - No; I was from home, the cloth is my property, consigned by a clothier in the country upon commission.</p>
<p>Court to Blades. Is that the piece of cloth you took from the prisoner? - Yes.</p>
<p>Had you examined that piece of cloth before you delivered it to the other person? - When I pursued the prisoner up Basinghall-street, the number was towards me, it never was out of my sight, it was about three times the distance from here to your Lordship.</p>
<p>(The cloth shewn him.)</p>
<p>By what do you know it? - By the mark and the number upon it.</p>
<p>Had you seen that piece of cloth before? - Yes.</p>
<p>Whose mark is it? - It is the mark of the clothier that manufactured the cloth.</p>
<p>But may not other people employ the same clothier? - No, my Lord, not the same number.</p>
<p>Jury to Blades. Do the doors in your warehouse stand open? - Frequently.</p>
<p>As I was walking along as another person may do, I saw another man come along with the same coloured coat as mine, with a piece of cloth, he put it down, and he
<xptr type="pageFacsimile" doc="178312100052"/> began to run, I heard a cry of stop thief, this gentleman came and laid hold of me, my friends are not here, I work hard for my living.</p>
<p>Court to Jury. I think gentlemen it is a doubt whether this is a warehouse within the act of parliament of the tenth and eleventh of
<persName id="t17831210-20-person321"> William
<interp inst="t17831210-20-person321" type="given" value="William"/>
<interp inst="t17831210-20-person321" type="gender" value="male"/> </persName> the third, chapter twenty-third. There was a case determined therein 751, before Justice Parker and others for stealing goods in a warehouse; they kept a warehouse by the water side, where merchants usually kept goods till they would be put on board, that was to be a warehouse within the act. In this case, gentlemen, two reasons why the prisoner should be acquitted of the capital part; he was not seen in the warehouse, and secondly its being a doubt whether this is a warehouse within the act.</p>
<p>The prisoner called three witnesses who gave him a good character.</p>
<p>Court to Taylor, one of the Prisoner's witnesses. Did the prisoner's wife lodge at your house? - Yes, your honour and she is with-child.</p>
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<interp inst="t17831210-20-verdict129" type="verdictSubcategory" value="lesserOffence"/> GUILTY. Of stealing, but not privately </rs>.</p>
<p>To be
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<p>Tried by the first London Jury before Mr. Justice WILLES.</p> </div1></div0>

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