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<p>733.
<persName id="t17901027-45-defend580" type="defendantName"> JOSEPH MARRIOTT
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<interp inst="t17901027-45-defend580" type="gender" value="male"/> </persName> and
<persName id="t17901027-45-defend582" type="defendantName"> JOHN SIMPSON
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<interp inst="t17901027-45-defend582" type="gender" value="male"/> </persName> were indicted for
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<interp inst="t17901027-45-off237" type="offenceCategory" value="theft"/>
<interp inst="t17901027-45-off237" type="offenceSubcategory" value="grandLarceny"/> stealing, on the
<rs id="t17901027-45-cd238" type="crimeDate">17th of September</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17901027-45-off237 t17901027-45-cd238"/> last, a quart of wine, called Lisbon, value 18 d. and seven glass quart bottles, value 2 s. </rs> the property of
<persName id="t17901027-45-victim584" type="victimName"> John Bedford
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<p>(The case opened by Mr. Knowlys.)</p>
<p>
<persName id="t17901027-45-person585"> WILLIAM STEVENS
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<interp inst="t17901027-45-person585" type="given" value="WILLIAM"/>
<interp inst="t17901027-45-person585" type="gender" value="male"/> </persName> sworn.</p>
<p>I was a waiter at the
<placeName id="t17901027-45-crimeloc239">King's-head at Longford</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17901027-45-off237 t17901027-45-crimeloc239"/>, the 17th of September last: the prisoner Marriott was quartered there: Simpson was quartered at the White Horse, but his horse stood at our stables; I was backwards looking through a window, about four in the afternoon; we went across the yard to the wine-cellar; I was going into our beer-cellar; and there is a window on the left hand by which you may see into the wine cellar; and I saw Marriott take one bottle of wine up, and look at it, and set it down again; then he took another, and clapped it under his jacket, and went
<xptr type="pageFacsimile" doc="179010270079"/>up to his bed-room; no other person was near him; he got up from the cellar by a ladder which comes near the cellar; I went immediately and told my mistress.</p>
<p>Mr. Garrow, Prisoner's Counsel. If any body else had been with Marriott, you must have seen it? - Yes.</p>
<p>There was nobody with him? - No.</p>
<p>There was nothing else taken at that time? - No; the maid was in the cellar at the same time; the man did not go into the cellar; he leaned against the post, and reached round his arm; the maid must have been within two or three yards of him.</p>
<p>Is she here? - No; I do not know what she was doing; she made no complaint.</p>
<p>How long was Marriott doing this? - Not above ten minutes.</p>
<p>In broad day-light, and the maid in the cellar? - Yes.</p>
<p>Mr. Knowlys. Is this cellar in which the wine was, one entire cellar, or is it divided? - It is in two parts.</p>
<p>Which part was the maid servant in? - I cannot tell; I could only just see the cellar door.</p>
<p>
<persName id="t17901027-45-person586"> MARY BEDFORD
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<interp inst="t17901027-45-person586" type="given" value="MARY"/>
<interp inst="t17901027-45-person586" type="gender" value="female"/> </persName> sworn.</p>
<p>I am wife of Mr.
<persName id="t17901027-45-person587"> John Bedford
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<interp inst="t17901027-45-person587" type="given" value="John"/>
<interp inst="t17901027-45-person587" type="gender" value="male"/> </persName> , who keeps this King's-head. In consequence of the boy's information, I saw
<persName id="t17901027-45-person588"> Joseph Marriott
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<interp inst="t17901027-45-person588" type="given" value="Joseph"/>
<interp inst="t17901027-45-person588" type="gender" value="male"/> </persName> take the bottle of wine out of the cellar, and put it under his jacket, and take it up into his room:
<persName id="t17901027-45-person589"> John Simpson
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<interp inst="t17901027-45-person589" type="gender" value="male"/> </persName> immediately followed him; Simpson was waiting for his horse; they went out partly in ten minutes; Simpson was just by, in the coach-house; they went out on duty, and came back before we could get the constable; they were absent some hours: on going up with the constable, Simpson unlocked the box readily, as the constable said he would break it open; they first said there was nothing of ours in the box; Simpson refused to let the constable take the man without his leave; in the box was a bottle of Lisbon wine, which I can swear to corking the night before; under the bed was some empty bottles, which had a loose cloth thrown over them; the constable asked Simpson how those bottles came there? and Marriott and
<persName id="t17901027-45-person590"> John Simpson
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<interp inst="t17901027-45-person590" type="given" value="John"/>
<interp inst="t17901027-45-person590" type="gender" value="male"/> </persName> said they were bottles they made water in; I can swear to the bottle; I marked it myself the day before.</p>
<p>Had they been in the habit of buying wine at all of you? - No, Sir, never.</p>
<p>Mr. Garrow. Who was this servant that was in the cellar? - A maid servant that had lived with us but a very little while, a chamber-maid; when we were busy, we sent her into the cellar.</p>
<p>She of course was intrusted to carry wine to any part of the house, and occasionally to receive the payment for it? - Yes.</p>
<p>Simpson was in the place where his military duty led him? - Yes.</p>
<p>Now with respect to his opposing your taking the man, that was a foolish notion that the civil power is not greater than the military? - Yes.</p>
<p>
<persName id="t17901027-45-person591"> STEPHEN RIDINGTON
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<interp inst="t17901027-45-person591" type="gender" value="male"/> </persName> sworn.</p>
<p>I am headborough. Mr. Bedford came himself; I went up, and first took Marriott; he made very little resistance; he said he thought it was a bastard child; I said it was a charge of felony; the serjeant said, what! without asking me; I said, if you are the serjeant, I hope you will help me; I went into another room with Marriott; and he asked me what it was? I told him; he said he had nothing in his box; I said, I will open it; Simpson had the key; in the box I found these two bottles; one is as full as they generally are.</p>
<p>(The full bottle deposed to.)</p>
<p>Mr. Garrow. In the state it is in, do you mean to swear to any mark that is upon this cork? - Yes.</p>
<p>(Shewn to the jury.)</p>
<p>There is a crack in the cork; and I had chalked the crack, but being in the box, it had rubbed some off.</p>
<p>
<xptr type="pageFacsimile" doc="179010270080"/>Did you chalk any more? - I chalked several dozens.</p>
<p>Mr. Knowlys. At the time it was found in the box, had it the mark upon it that you had put on those bottles of Lisbon? - Yes.</p>
<p>PRISONER MARRIOTT's DEFENCE.</p>
<p>The day this wine was found, I had been helping them in the cellar; both in the ale-cellar and in the wine-cellar; all the time I had to spare; they had been bottling a great deal of wine; and I found this bottle of wine in the manger, which is quite close to the cellar door; I heard some talk of setting mens water there to play people tricks; and I looked at it, and I took it up and put it into my box; and as we were going to the justice's, she said she would value it at six-pence.</p>
<p>Captain
<persName id="t17901027-45-person592"> HENRY TEMPLER
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<interp inst="t17901027-45-person592" type="given" value="HENRY"/>
<interp inst="t17901027-45-person592" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an officer in the Prince of Wales's own regiment of
<rs id="t17901027-45-deflabel240" type="occupation">dragoon</rs>
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<join result="persNameOccupation" targOrder="Y" targets="t17901027-45-defend582 t17901027-45-deflabel240"/>s. The two prisoners are both in that regiment: I have known Simpson upwards of seven years: he has the best of characters, both as a soldier, and a private character; he has ever been much respected in the regiment as an honest man and a good soldier: I never heard any thing against Marriott's character; he has ever behaved with honesty, I believe: the serjeant, I had more opportunity of seeing his private character; I never heard Marriott accused of doing any thing dirty, or unworthy an honest man.</p>
<p>
<persName id="t17901027-45-person593"> WILLIAM LUMLEY
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<interp inst="t17901027-45-person593" type="given" value="WILLIAM"/>
<interp inst="t17901027-45-person593" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an officer in the same regiment. I have known Simpson two years and a half; he was always perfectly honest; and as I had an opportunity of seeing him, and judging of his conduct, having had him under my command: I have known Marriott the same time; always a good character.</p>
<p>If they were acquitted, would they be received into the regiment? - Undoubtedly.</p>
<p>Mr. Garrow. I will not call others to their character.</p>
<p>Court. No, their characters are very well established.</p>
<p>
<persName id="t17901027-45-person594"> JOSEPH MARRIOTT
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<interp inst="t17901027-45-person594" type="gender" value="male"/> </persName> ,
<rs id="t17901027-45-verdict241" type="verdictDescription">
<interp inst="t17901027-45-verdict241" type="verdictCategory" value="guilty"/> GUILTY </rs>.</p>
<p>
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<join result="defendantPunishment" targOrder="Y" targets="t17901027-45-defend580 t17901027-45-punish242"/> Fined one shilling, and discharged </rs>.</p>
<p>
<persName id="t17901027-45-person595"> JOHN SIMPSON
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<interp inst="t17901027-45-verdict243" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the second Middlesex Jury before Mr. Justice HEATH.</p> </div1></div0>
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