<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<persName id="t17880910-123-defend950" type="defendantName"> EDWARD MERRELL
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<interp inst="t17880910-123-defend950" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17880910-123-off510" type="offenceCategory" value="theft"/>
<interp inst="t17880910-123-off510" type="offenceSubcategory" value="grandLarceny"/> stealing, on the
<rs id="t17880910-123-cd511" type="crimeDate">21st of July</rs>
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<join result="offenceCrimeDate" targOrder="Y" targets="t17880910-123-off512 t17880910-123-cd511"/> last, two pair leather of men's shoes, value 6 s. a pair of steel snuffers, value 12 d. two wooden lasts, value 6 d. an ivory tambour needle, value 6 d. and nine pair of children's
<xptr type="pageFacsimile" doc="178809100126"/>leather shoes, value 9 s. </rs> the property of
<persName id="t17880910-123-victim952" type="victimName"> George Wiltshire
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<interp inst="t17880910-123-victim952" type="given" value="George"/>
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<persName id="t17880910-123-defend954" type="defendantName"> WILLIAM JOHNSON
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<interp inst="t17880910-123-defend954" type="given" value="WILLIAM"/>
<interp inst="t17880910-123-defend954" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17880910-123-off512" type="offenceSubcategory" value="receiving"/> feloniously receiving, on the same day, nine pair of children's leather shoes, value 9 s. part of the beforementioned goods, knowing them to be stolen </rs>.</p>
<persName id="t17880910-123-person955"> GEORGE WILTSHIRE
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<interp inst="t17880910-123-person955" type="given" value="GEORGE"/>
<interp inst="t17880910-123-person955" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
<rs id="t17880910-123-viclabel513" type="occupation">shoe-maker</rs>
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<placeName id="t17880910-123-crimeloc514">Little-Newport-street</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17880910-123-off512 t17880910-123-crimeloc514"/>; on the 20th of July last, I was informed the two prisoners were going into partnership; I got a warrant on the Monday following, to apprehend Merrell; and I went to Johnson, and asked him if he had any of my property; he denied it; and in his back room, I found three of my lasts, one written on</p>
<p>"Mrs. Williams," by myself; and the officer brought in Johnson's wife, with nine pair of children's shoes, which were my property. In Merrell's apartment, we found a tambour needle, a pair of snuffers, and two pair of men's shoes, which were mine; the shoes had my mark; the snuffers we lost out of the shop, about eight days before; there were some lasts there, one of which I swore to; I never missed any men's shoes; we are always selling shoes; I missed children's shoes; I mitigated the value at fifteen shillings; Merrell had been with me near a twelvemonth; and Johnson is a boot closer, and worked for me.</p>
<p>Mr. Garrow, Prisoner's Counsel. Both these persons had been employed by you? - Yes.</p>
<p>Both very good workmen I believe? - The prisoner, Johnson, is a very good workman.</p>
<p>The other was your clicker? - Yes.</p>
<p>He had worked for you at first, for twelve shillings a week? - Yes, and in a fortnight I gave him fourteen shillings a week, and four pair of shoes yearly; Johnson worked by the set price.</p>
<p>You entertained a high opinion of both of them? - I did.</p>
<p>You never suspected either of them, till you were told that they were going to set up in partnership? - No.</p>
<p>Is it all uncommon for persons who work occasionally on little orders to borrow their master's lasts? - Not without asking leave.</p>
<p>Are these snuffers conscientiously worth six-pence? - I cannot say.</p>
<p>Do you recollect ever selling any children's shoes to Johnson? - I do, four or five pair; but I never sold him a red shoe.</p>
<p>Will you swear you never sold these nine pair of shoes, that were found in his apartment to any body? - It is impossible a person that keeps a public shop can be certain.</p>
<p>Pray what sum of money did you offer to take to compound this felony? - I never consented to any thing of the kind.</p>
<p>Was not you to shew lenity to them on condition that they did not go into partnership, and set up against you? - It was a matter of indifference to me.</p>
<p>Court. I must have a direct answer to the gentleman's question? - I never had any concern at all about partnership, nor knew nothing about it.</p>
<p>Did you promise them lenity upon any condition? - None at all; when they made application to me to compound felony, I told them, I should have nothing to do with it.</p>
<p>Did not you authorize your attorney, that on receiving a sum of money, and on these men undertaking to enter into no partnership, this bill should not be found? - I did not.</p>
<p>What may be the value of the tambour needle, a penny, or two-pence? - God knows, I do not.</p>
<p>Are not you in Merrell's debt? - I owe him money.</p>
<persName id="t17880910-123-person956"> THOMAS MANSFIELD
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<interp inst="t17880910-123-person956" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an officer; I searched Johnson's apartment; and took some shoes from the woman; (as the last witness has related) I produced the last; I understood that Merrell had left some other shoes, (six pair of men's) that we found there, to be bound; and the prosecutor said, he should take no account of them; I went with Mr. Wiltshire
<xptr type="pageFacsimile" doc="178809100127"/>and Mumford to search a place, which they said, was Merrell's apartment, but I do not know that it was; and there we found, a last, and two pair of men's shoes, an old pair of broken snuffers, and a tambour needle; I understood that one of those pair of shoes belonged to the man that kept the lodgings; I do not know his name; the other pair, Merrell said, were his own; they hung up to public view.</p>
<p>(The last deposed to.)</p>
<p>Court. This seems to be a very small trifle; might not such a thing as that, in the common course of business, be taken home by your servant, or by Johnson? - I put it up in a particular place; I have often enquired of Merrell, where it was, and never could find it; I had it made for Mrs. Williams, in St. Martin's-lane; these shoes are all mine; here is my writing; I missed them about three weeks before; I can swear I never sold them.</p>
<p>Who sold in you shop besides? - Nobody but Merrell.</p>
<persName id="t17880910-123-person957"> HENRY FOWLER
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<interp inst="t17880910-123-person957" type="given" value="HENRY"/>
<interp inst="t17880910-123-person957" type="gender" value="male"/> </persName> sworn.</p>
<p>This last was brought to me by Johnson's apprentice, to make a pair of shoes.</p>
<p>Is not it common for a workman to borrow his master's last? - Some will do it; it is not common.</p>
<p>Mr. Garrow. I have twenty or thirty witnesses to character.</p>
<p>About thirty respectable witnesses appeared in court, several of whom the Jury knew, upon which, they said, they were satisfied, and the prisoner's were BOTH
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<interp inst="t17880910-123-verdict515" type="verdictCategory" value="notGuilty"/> ACQUITTED </rs>.</p>
<p>Tried by the second Middlesex Jury before Mr. Justice GROSE.</p> </div1></div0>

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