<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>263.
<persName id="t17870221-27-defend378" type="defendantName"> DANIEL BRIAN
<interp inst="t17870221-27-defend378" type="surname" value="BRIAN"/>
<interp inst="t17870221-27-defend378" type="given" value="DANIEL"/>
<interp inst="t17870221-27-defend378" type="gender" value="male"/> </persName> was indicted for
<rs id="t17870221-27-off145" type="offenceDescription">
<interp inst="t17870221-27-off145" type="offenceCategory" value="theft"/>
<interp inst="t17870221-27-off145" type="offenceSubcategory" value="theftFromPlace"/> feloniously stealing, on the
<rs id="t17870221-27-cd146" type="crimeDate">7th of February</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17870221-27-off145 t17870221-27-cd146"/>, one breakfast cloth, value 1 s. fourteen shifts, value 30 s. one white quilted petticoat, value 3 s. one flannel petticoat, value 1 s. one pair of stays, value 1 s. one cotton gown, value 10 s. a frock, value 2 s. two other frocks, value 5 s. two other frocks, value 2 s. three pair of stockings, value 1 s. three pair of sleeves, value 1 s. the property of
<persName id="t17870221-27-victim380" type="victimName"> Susannah Walker
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<interp inst="t17870221-27-victim380" type="given" value="Susannah"/>
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<join result="offenceVictim" targOrder="Y" targets="t17870221-27-off145 t17870221-27-victim380"/> </persName> , in her dwelling house </rs>.</p>
<p>
<persName id="t17870221-27-person381"> SUSANNAH WALKER
<interp inst="t17870221-27-person381" type="surname" value="WALKER"/>
<interp inst="t17870221-27-person381" type="given" value="SUSANNAH"/>
<interp inst="t17870221-27-person381" type="gender" value="female"/> </persName> sworn.</p>
<p>I live at
<placeName id="t17870221-27-crimeloc147">Clapton</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17870221-27-off145 t17870221-27-crimeloc147"/>; I
<rs id="t17870221-27-viclabel148" type="occupation">keep a boarding-school
<xptr type="pageFacsimile" doc="178702210067"/>for ladies</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17870221-27-victim380 t17870221-27-viclabel148"/> there; on the 7th of February I lost the things mentioned in the indictment.</p>
<p>(Looks at the inventory.)</p>
<p>When did you write that inventory? - Two or three days after the robbery.</p>
<p>(The things enumerated.)</p>
<p>Court. From what part of the dwelling house did you lose them? - From the hall, about one o'clock in the afternoon; they were linen put up for the washerwoman; I had not seen them myself that day: I never saw the prisoner till at the public office.</p>
<p>
<persName id="t17870221-27-person382"> JANE PROCTER
<interp inst="t17870221-27-person382" type="surname" value="PROCTER"/>
<interp inst="t17870221-27-person382" type="given" value="JANE"/>
<interp inst="t17870221-27-person382" type="gender" value="female"/> </persName> sworn.</p>
<p>I live with Mrs. Walker, as a servant; on the 7th of this month, some linen was taken from the hall; I saw them, flung down stairs into the hall, about one o'clock that day; I saw an account taken of them; and I know the particulars contained in the inventory were put in the bundle, and were the same as Mrs. Walker has mentioned; I saw them at Justice Wilmot's office; I opened the bundle there, and saw they were the things that were lost: I know nothing of the prisoner.</p>
<p>
<persName id="t17870221-27-person383"> WILLIAM STYLES
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<interp inst="t17870221-27-person383" type="given" value="WILLIAM"/>
<interp inst="t17870221-27-person383" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a brick-maker; I was at work; and two young men came through the brickfield, one had a bundle under his arm; seeing something white under his arm, I thought it was an apron; it was between two and three o'clock on Wednesday 7th of February; they were going towards Haggerston; we thought if we run after them they would run away, but we did run after them; and I took one of them by the collar; the other got the bundle; the prisoner came up the same lane to their assistance; he came up the same lane, and I ran past him; while I was disputing with the man I had hold of, the prisoner said, Jack, what is the matter? come across the road and give me the bundle, I will not be stopped, nor go back for any one; the prisoner said, Jack, go and fetch your mother, for these things are for her to wash; then we detained the prisoner at the officer's house at the Black Bull, at Haggerston, and the bundle; and in the evening we went to the Justice's.</p>
<p>Court. The prisoner was not one of the first two? - No.</p>
<p>Did you see Mrs. Proctor that night? - Not that night; the prisoner was committed that night; I did not see Mrs. Proctor till the Monday following.</p>
<p>
<persName id="t17870221-27-person384"> THOMAS WILKINS
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<interp inst="t17870221-27-person384" type="given" value="THOMAS"/>
<interp inst="t17870221-27-person384" type="gender" value="male"/> </persName> sworn.</p>
<p>There were nine of us working in the field for Mr.
<persName id="t17870221-27-person385"> Samuel Scott
<interp inst="t17870221-27-person385" type="surname" value="Scott"/>
<interp inst="t17870221-27-person385" type="given" value="Samuel"/>
<interp inst="t17870221-27-person385" type="gender" value="male"/> </persName> ; on Wednesday the 7th of February, between two and three, I saw two men coming across the field; and up the lane I saw something white like an apron, which was a large bundle under the arm of one of them; and we pursued them up the lane with the bundle; the last witness took the man that had the bundle, and the others ran away; then the prisoner came up the same lane, to assist in the lane where the other was stopped; the prisoner says, Jack, what is the matter? come over the road, and give me the bundle, I will not be stopped by any body; the things are your mother's, and are going to be washed; he went to fetch his mother, but he never returned again; we took the prisoner and the bundle to Mr. Davis, at the Bull, at Haggerston, and then to the Justice's with the bundle.</p>
<p>When was you before the Justice? - On the Saturday, but nobody was sitting; then we went on the Monday morning, and then I saw Mrs. Walker; I never saw the prisoner, or the other lads before.</p>
<p>(The things produced and deposed to.)</p>
<p>- ARMSTRONG sworn.</p>
<p>Count. You are one of Mr. Wilmot's men? - Yes.</p>
<p>Do you remember the prisoner being brought to the office? - I did; I saw the
<xptr type="pageFacsimile" doc="178702210068"/>prisoner and Mr. Davis going to the office in the morning, and in the evening of the 7th of February, which was Wednesday, when I came to the office the things were opened, and the Justice ordered me to take care of them, and I have had them ever since under lock and key.</p>
<p>Mrs. Walker. I looked over the things in the parlour at the Justice's; I knew them to be my property.</p>
<p>
<persName id="t17870221-27-person386"> Jane Proctor
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<interp inst="t17870221-27-person386" type="given" value="Jane"/>
<interp inst="t17870221-27-person386" type="gender" value="female"/> </persName> . I looked over the things and know them to be Mrs. Walker's property.</p>
<p>Armstrong. I saw the prisoner and others near Shoreditch church this same day the robbery was committed in company; and there was another that I knew well; they were going towards Hackney-road; I saw the prisoner in the evening at Mr. Wilmot's office, and the things were there also; they laid open in the office; when I came the Magistrate took the marks, and they were advertised; and the lady came, and she owned them.</p>
<p>Court. Did you see the linen in that bundle put up in the presence of Davis? - Yes, I have had it ever since under lock and key; they were looked over by the lady and the maid; I was not present; it was requested that nobody but the ladies might be in the parlour; they were delivered back to me in about a quarter of an hour after.</p>
<p>Court to Wilkins. Davis opened the bundle in his own house? - Yes.</p>
<p>Court to Mrs. Walker. Do you remember this bundle being taken into the parlour? - Yes, it was brought in by the officer; I opened the bundle and looked over the things, and I believe them to be my property.</p>
<p>Mrs. Proctor. I was present in the parlour, and know the things.</p>
<p>Court. When you had looked them over were they put in again? - Yes, they were tied up again; all those that I looked at; Armstrong had the bundle.</p>
<p>PRISONER's DEFENCE.</p>
<p>I was going across the field, and two men were coming past; I thought I knew one of them, and I saw these three men run after them; I ran up to see what was the matter; I said, Jack, what is the matter? he said, he had some things to take to a washerwoman for his mother, and these men would not let him; and I said, I will take care of the things while you fetch your mother; he went away, and never returned; and they kept me.</p>
<p>The prisoner called one witness to his character.</p>
<p>
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<join result="defendantPunishment" targOrder="Y" targets="t17870221-27-defend378 t17870221-27-punish150"/> Death </rs>.</p>
<p>Tried by the second Middlesex Jury before Mr. Justice GOULD.</p> </div1></div0>
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