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<div0 id="17881022" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t17881022-16">
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<join result="criminalCharge" id="t17881022-16-off77-c156" targOrder="Y" targets="t17881022-16-defend191 t17881022-16-off77 t17881022-16-verdict80"/>
<persName id="t17881022-16-defend191" type="defendantName"> JOSEPH GARDENER
<interp inst="t17881022-16-defend191" type="surname" value="GARDENER"/>
<interp inst="t17881022-16-defend191" type="given" value="JOSEPH"/>
<interp inst="t17881022-16-defend191" type="gender" value="male"/> </persName> was indicted for
<rs id="t17881022-16-off77" type="offenceDescription">
<interp inst="t17881022-16-off77" type="offenceCategory" value="theft"/>
<interp inst="t17881022-16-off77" type="offenceSubcategory" value="housebreaking"/> feloniously breaking and entering the dwelling-house of
<persName id="t17881022-16-victim193" type="victimName"> Thomas Coker
<interp inst="t17881022-16-victim193" type="surname" value="Coker"/>
<interp inst="t17881022-16-victim193" type="given" value="Thomas"/>
<interp inst="t17881022-16-victim193" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17881022-16-off77 t17881022-16-victim193"/> </persName> , between the hours of four and six in the afternoon of the
<rs id="t17881022-16-cd78" type="crimeDate">22d of September</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17881022-16-off77 t17881022-16-cd78"/>, no person being therein, and stealing in the same dwelling-house, a woollen surtout coat, value 10 s. two pair of cotton stockings, value 12 d. and a handkerchief, value 12 d. his property </rs>.</p>
<persName id="t17881022-16-person194"> THOMAS COKER
<interp inst="t17881022-16-person194" type="surname" value="COKER"/>
<interp inst="t17881022-16-person194" type="given" value="THOMAS"/>
<interp inst="t17881022-16-person194" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in
<placeName id="t17881022-16-crimeloc79">White-hart-yard, Rosemary-lane</placeName>
<interp inst="t17881022-16-crimeloc79" type="placeName" value="White-hart-yard, Rosemary-lane"/>
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<join result="offencePlace" targOrder="Y" targets="t17881022-16-off77 t17881022-16-crimeloc79"/>; my house was broke open on the 22d of September; I was out; I went out about four in the afternoon; I left nobody at home.</p>
<p>Who lives in the house besides yourself? - Tenants up stairs.</p>
<p>How do you know none of them were at home? - That I cannot say; I have no acquaintance with the people up stairs; I am but a tenant, no more than they; I had the lower part of the house.</p>
<p>Whose house is it? - The landlord's; I forget his name I declare; he does not live in the house; it is all let out in different tenements; they have nothing to do with one another.</p>
<p>What rooms have you? - Only one room; the door was locked, and the window shut.</p>
<p>Are you sure it was shut? - I believe the window was shut; for they did not open the window for two or three days before that, but I am not positive.</p>
<p>What time did you come home? - Between eight and nine, when I found my door locked as usual; I lost the things in the indictment; I went out to sell my goods; I left them in the room; it was a wet morning; I hung the coat on the back of the chair; the handkerchief and the stockings laid loose on the chair; I sent after the prisoner, and found him; I had a suspicion of him, because he did not come near me that evening; I knew him before; he lodged with me in the same
<xptr type="pageFacsimile" doc="178810220023"/>room; he is a sea-faring lad; I let him lay out of charity, because I thought he was out of bread; he had no key to the room; I never let him have any key; when I came home the window was as usual, shut down again; I suppose he went in at the window, and when he came out, he shut it down again.</p>
<p>When you went out, was the window shut or open? - It was shut, but I do not know whether it was fast; it was shut; he was taken in Gravel-lane, with my handkerchief, on the 22d of September, and he owned the fact; I was not present when he was taken; the man that took him sent for me to Gravel-lane; I went to the justices; there I found him, and my handkerchief upon him; he owned to the coat.</p>
<p>What did he say? - He said, he did take them things.</p>
<p>What excuse did he make? - I believe, he said, he took them for want, he did say so.</p>
<p>It was near nine when you went home? - Yes.</p>
<p>It was between four and five when you went out? - Yes, I cannot tell when they were taken out, but he said, he took them between six and seven.</p>
<p>(The examination handed to the Court.)</p>
<persName id="t17881022-16-person195"> THOMAS COLE
<interp inst="t17881022-16-person195" type="surname" value="COLE"/>
<interp inst="t17881022-16-person195" type="given" value="THOMAS"/>
<interp inst="t17881022-16-person195" type="gender" value="male"/> </persName> sworn.</p>
<p>I took the prisoner and found this silk handkerchief on him in New Gravel-lane; I know nothing but what he said; I am very confident no promise was made him, and I saw him sign the examination; I know Mr. Staples's hand writing, this is his; I saw the prisoner put his mark, he was sworn to the examination.</p>
<p>Are you sure of that? - Yes; quite sure.</p>
<p>Court. In that case it cannot be received.</p>
<persName id="t17881022-16-person196"> THOMAS PINCHES
<interp inst="t17881022-16-person196" type="surname" value="PINCHES"/>
<interp inst="t17881022-16-person196" type="given" value="THOMAS"/>
<interp inst="t17881022-16-person196" type="gender" value="male"/> </persName> sworn.</p>
<p>I live servant with Mr. Hart, No. 20, East Smithfield; a young man was coming towards me, on Monday, the 22d of September, between five and six, with a bundle under his arm; I asked him whether he wanted to buy, or sell? he said, he had a coat to sell; he came into the shop, and said seven shillings was the price; my master looked at it and asked him if it was his own? he said it was; he told him to try it on, and it fitted him; he offered him six shillings; I saw the money paid; this is the coat.</p>
<p>(Deposed to by Pinches and the Prosecutor.)</p>
<p>This man had another lodger, and he took the coat out and gave it me to sell it, and he gave me the handkerchief.</p>
<rs id="t17881022-16-verdict80" type="verdictDescription">
<interp inst="t17881022-16-verdict80" type="verdictCategory" value="guilty"/>
<interp inst="t17881022-16-verdict80" type="verdictSubcategory" value="theftunder1s"/> GUILTY, 10 d. </rs> </p>
<rs id="t17881022-16-punish81" type="punishmentDescription">
<interp inst="t17881022-16-punish81" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17881022-16-defend191 t17881022-16-punish81"/> Transported for seven years </rs>.</p>
<p>Tried by the first Middlesex Jury before Mr. RECORDER.</p> </div1></div0>

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