<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<persName id="t17880910-56-defend508" type="defendantName"> JOSEPH SHORT
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<persName id="t17880910-56-defend510" type="defendantName"> HERBERT BURLTON
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<interp inst="t17880910-56-defend510" type="given" value="HERBERT"/>
<interp inst="t17880910-56-defend510" type="gender" value="male"/> </persName> were indicted for
<rs id="t17880910-56-off238" type="offenceDescription">
<interp inst="t17880910-56-off238" type="offenceCategory" value="theft"/>
<interp inst="t17880910-56-off238" type="offenceSubcategory" value="grandLarceny"/> feloniously stealing, on the
<rs id="t17880910-56-cd239" type="crimeDate">30th day of June</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17880910-56-off238 t17880910-56-cd239"/> last, a gold enamelled gold watch, value 15 l. a gold seal, value 10 s. a gold watch key, value 2 s. a gold enamelled slider, value 5 s. and two enamelled drops, value 5 s. </rs> the property of the right honourable
<persName id="t17880910-56-victim511" type="victimName">Charles,
<rs id="t17880910-56-viclabel240" type="occupation">Lord Southampton</rs>
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<p>The Right Honourable CHARLES,
<persName id="t17880910-56-person512"> LORD SOUTHAMPTON
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<interp inst="t17880910-56-person512" type="given" value="LORD"/>
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<p>On the 1st of June, I was coming from the Lyceum in the Strand; waiting for the carriage, the prisoner Short walked up to me; upon my desiring him to stand out of the way, he immediately stopped, and I felt his hand at that moment at my watch; I directly seized him by the collar, calling out, that this man had got my watch, and gave him to my servant; my watch was gone.</p>
<p>Was there any body else near enough to your lordship to have taken the watch from you? - I saw nobody near at that time, but the moment of my collaring him, there was a crowd came round; I know nothing of the other prisoner.</p>
<p>Mr. Garrow, Prisoner's Counsel. I believe he was immediately carried into the Lyceum? - Immediately.</p>
<p>Was he searched in your lordship's presence? - Yes.</p>
<p>There was no watch found upon him? - None.</p>
<p>The performance was at an end? - Yes.</p>
<p>A great number of persons near the door? - Not at that time.</p>
<p>You had a child in your hand? - I had.</p>
<p>And you found it difficult to get to your carriage? - No; I should not have found it difficult at all; the only obstruction I met with was the prisoner walking up to me.</p>
<p>Your watch has been since found? - Yes, it is in court.</p>
<persName id="t17880910-56-person513"> JOHN BECK HEATHER
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<p>I am a pawnbroker in Long-acre; I produce a watch-case which I received of the prisoner Burlton; a customer of mine lost a plain gold watch-case, and begged the favour of advertising, it with three guineas reward, and the prisoner Burlton brought it to my house in consequence of the advertisement, the 3d of July.</p>
<p>Have you the advertisement here? - No.</p>
<p>In what manner was the watch described to have been lost, that you advertised; - It was described to have been lost in Oxford road; that a gentleman was riding on, and pulling out his watch, dropped the case; I did not see the advertisement; the prisoner Burlton brought this advertisement in his hand to me, and said three guineas; he gave me a direction, and where he said he lived, he did live; he said he found the case between ten and eleven o'clock, at the Lyceum in the Strand; he did not say what day; he very readily left the watch-case; he went further, and called again in twenty minutes afterwards; in the meantime I sent down to Bow-street, and the clerk had forgot it; so then I drew up this advertisement to advertise it.</p>
<p>Was the prisoner found by means of the direction he gave you? - He was immediately; he gave me a very true direction; he was taken into custody immediately; I told him at first that he had made a mistake, and brought the wrong case, he came back again nevertheless.</p>
<p>Lord Southampton. This is the case of my watch.</p>
<xptr type="pageFacsimile" doc="178809100066"/>Court to Lord Southampton. Does your Lordship recollect seeing the prisoner Burlton, or any body like him, during the time of of the robbery? - No, I do not.</p>
<p>Has the watch itself been found? - The watch is here.</p>
<persName id="t17880910-56-person514"> FRANCIS UMPAGE
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<p>On the 30th of June I was doing duty at the Lyceum, and I went out of doors from the hall, cautioning the gentlemen and ladies to take care of their pockets; I saw my lord and his servant have hold of the prisoner Short; I went up to my lord's assistance, and he saw I was an officer, and he told me to take charge of the prisoner; I took him immediately into the hall, and searched him, and found nothing upon him; I took him before Sir Sampson
<persName id="t17880910-56-person515"> Wright
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<interp inst="t17880910-56-person515" type="gender" value="male"/> </persName> that night, and from there to Covent-garden watch-house. - On the 7th of July this letter came to me, brought by a boy.</p>
<p>Is the boy here? - No.</p>
<p>Do you know any thing of the handwriting of the letter? - No.</p>
<p>Did you find the watch? - I found it; here it is; I found it at Old Slaughter's Coffee-house, directed and sealed up in this paper; I did not know what it was, till I took it to Sir Sampson's.</p>
<p>The watch produced by Umpage, and the seal, which were Lord Southampton's.</p>
<p>Lord Southampton. When he shewed it to Sir Sampson it was not then broke.</p>
<p>Mr. Garrow. I take it for granted this outside case had a chrystal? - Yes.</p>
<p>It had none when brought to Mr. Heather? - No.</p>
<p>Court. How came this broke since you shewed it to Sir Sampson? - I was opening it myself, and it came in two in my hand.</p>
<p>Court. Is there any body here from Slaughter's Coffee-house? - No.</p>
<p>Mr. Garrow Did you search Short thoroughly? - I did.</p>
<p>You have been used to that business? - Yes.</p>
<p>Could he have had the watch when you searched him? - No, I am sure he could not; I am sure he had not the watch.</p>
<p>ANOTHER WITNESS sworn.</p>
<p>I know no more than Mr. Heather's coming down to the office, and I went to Mr. Tregent the watch-maker, to see if it was the case, and I went to search the boy's lodgings; nothing was found there.</p>
<persName id="t17880910-56-person516"> WILLIAM DALTON
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<interp inst="t17880910-56-person516" type="given" value="WILLIAM"/>
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<p>I am servant to Lord Southampton.</p>
<p>Did you observe this man before my lord seized him and delivered him to you? - I stood by my lord's left hand, and he rushed by me; I saw him stoop down and put his hand to my lord, and my lord immediately said his watch was gone, I seized him, and he rushed between me and the street.</p>
<p>Was there at that particular moment, any body else between you and his lordship? - Not a soul; I touched my lord with my right hand almost.</p>
<p>Did you see the other prisoner there all? - Not to the best of my recollection; I never saw him before I saw him at Bow-street.</p>
<p>Prisoner Short. I wish to ask Mr. Umpage the constable one question. - Was not there a large concourse of people round the Lyceum door? - I saw five or six pickpockets standing there, and I cautioned the people to take care of their pockets; the place was much thronged; it always is.</p>
<p>The Lyceum is situated in as populous a place as any in London, he seized me directly, and I was searched and nothing found about me, and I was immediately taken up to Bow-street; and about the 5th or 6th day the watch was brought to Slaughter's Coffee-house; whether or no it is possible for his lordship to swear with propriety that I am the identical person that took his property, I leave it to the superior wisdom of the court and of the jury.</p>
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<persName id="t17880910-56-person517"> THOMAS SHORT
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<interp inst="t17880910-56-person517" type="gender" value="male"/> </persName> sworn.</p>
<p>I am brother to the prisoner; I am a grocer and tea-dealer; I did live in Oxford-street.</p>
<p>Are you a housekeeper? - I was then, at No. 252, Oxford-street, I had a house and shop there.</p>
<p>Was your name on the shop? - Yes, and profession too; I rented a house of 50 l. a year rent and taxes; my brother resided with me there ever since he was liberated from his former confinement, and he behaved very well there; I believe he got his pardon last August, and he resided with me ever since till the present time that I left the house.</p>
<p>My master sent me to Mr. Smith's in King-street, Covent-garden; Mr. Norman, he is at the door, he is a carpenter and joiner, No. 2, Denham-court, Little Drury-lane; I was carrying two back-boards to Mr. Madden at the Seven Dials with a little frame, and when I had done there I returned back to Swan-yard; it wanted about five minutes to ten; I sat on the post the corner of Swan-yard till it struck ten; up came a young lad I knew, and asked me to take a walk, so I said, I must get up early to-morrow morning or else I shall get no money to spend on Sunday; I saw a mob, and heard something jingle; I looked down and took this thing up, and I returned home to my master, and the next morning I shewed it to the two apprentices that laid in bed, and to every body round the neighbourhood; when I came up, there was a mob at the Lyceum door; I did not hear that any body had been robbed; I heard something jingle among the people's feet, and thought it was a buckle.</p>
<persName id="t17880910-56-person518"> JOHN GARTH
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<interp inst="t17880910-56-person518" type="given" value="JOHN"/>
<interp inst="t17880910-56-person518" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a publican in Little Drury-lane, I keep the Old George; I know Burlton came to me in the morning, and said he had found a watch-case, he wanted to look over my newspapers; he said I have found a gold case; I said, I dare say it is cold enough; I think it was the 2d or 3d of July, I believe it was the 2d, he came the next morning to look again at the papers.</p>
<persName id="t17880910-56-person519"> JOHN NORMAN
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<interp inst="t17880910-56-person519" type="given" value="JOHN"/>
<interp inst="t17880910-56-person519" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a picture-frame-maker; I know Burlton exceedingly well; he has worked with me better than half a year, he behaved exceedingly well, very honest and just; on the evening of the 30th of June he went from my house to take some things between eight and nine; I cannot tell what time he came home, he does not lodge with me.</p>
<p>Shall you be willing to take him again if he is acquitted? - Oh, by all means.</p>
<persName id="t17880910-56-person520"> BENJAMIN WESTON
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<p>In the morning after the prisoner Burlton found the watch-case, as he told me, but I do not recollect what morning he was taken up, the second morning after he brought me the watch-case; it was an enamelled case like this, it had no glass in it.</p>
<persName id="t17880910-56-person521"> ZACHARIAH CARTER
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<interp inst="t17880910-56-person521" type="given" value="ZACHARIAH"/>
<interp inst="t17880910-56-person521" type="gender" value="male"/> </persName> sworn.</p>
<p>I have known Burlton about four years, a very good character; I saw the lad the next day after he said he had found the case, and he told me of it, he met me in the court where he lived.</p>
<persName id="t17880910-56-person522"> HENRY LANG
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<interp inst="t17880910-56-person522" type="given" value="HENRY"/>
<interp inst="t17880910-56-person522" type="gender" value="male"/> </persName> sworn.</p>
<p>I think it was the 2d of July, as near as I can recollect, that he shewed it to me.</p>
<p>Court. It seems pretty clearly established that this young man, without any reserve, shewed the watch-case to several people till the time he was taken into custody.</p>
<p>(There were many more witnesses to the character of Burlton which the Court did not examine.)</p>
<persName id="t17880910-56-person523"> JOSEPH SHORT
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<rs id="t17880910-56-verdict241" type="verdictDescription">
<interp inst="t17880910-56-verdict241" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
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<join result="defendantPunishment" targOrder="Y" targets="t17880910-56-defend508 t17880910-56-punish242"/> Transported for seven years </rs>.</p>
<rs id="t17880910-56-verdict243" type="verdictDescription">
<interp inst="t17880910-56-verdict243" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the second Middlesex Jury before Mr. RECORDER.</p> </div1></div0>

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