<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>245.
<persName id="t17940430-17-defend210" type="defendantName"> MICHAEL BALL
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<interp inst="t17940430-17-defend210" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17940430-17-off81" type="offenceCategory" value="theft"/>
<interp inst="t17940430-17-off81" type="offenceSubcategory" value="burglary"/> burglariously breaking and entering the dwelling house of
<persName id="t17940430-17-victim212" type="victimName"> William Ward
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<join result="offenceVictim" targOrder="Y" targets="t17940430-17-off81 t17940430-17-victim212"/> </persName> , about the hour of three and four in the night, of the
<rs id="t17940430-17-cd82" type="crimeDate">8th of March</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17940430-17-off81 t17940430-17-cd82"/>, and burglariously stealing therein fifty pounds weight of iron, value 4s. 2d. the goods of the said
<persName id="t17940430-17-person213"> William Ward
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<p>(The case opened by Mr. Knapp.)</p>
<p>
<persName id="t17940430-17-person214"> WILLIAM WARD
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<interp inst="t17940430-17-person214" type="given" value="WILLIAM"/>
<interp inst="t17940430-17-person214" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in
<placeName id="t17940430-17-crimeloc83">Old Brentford, in the parish of Eling</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17940430-17-off81 t17940430-17-crimeloc83"/>. On the 8th of March last my house was broke open; I believe I was last up, I cannot pretend to say rightly whether I was or was not, because we all went to bed together.</p>
<p>Q. How many is your house composed of? - Six.</p>
<p>Q. Are you a married man? - No.</p>
<p>
<xptr type="pageFacsimile" doc="179404300026"/>Q. Who was in the house? - My apprentice and journeyman, and three of my sisters.</p>
<p>Q. What part of the house do you step in? - The garret.</p>
<p>Q. How many garrets had you? - Three.</p>
<p>Q. Where does your apprentice and journeyman sleep? - On the first floor backwards, and my sisters sleep on the first floor forwards.</p>
<p>Q. After you went up to bed, how soon was you alarmed? - Between three and four in the morning.</p>
<p>Q. Who alarmed you? -
<persName id="t17940430-17-person215"> George Jenkins
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<interp inst="t17940430-17-person215" type="given" value="George"/>
<interp inst="t17940430-17-person215" type="gender" value="male"/> </persName> , my journeyman, he came up to my room, then I got up, and
<persName id="t17940430-17-person216"> George Jenkins
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<interp inst="t17940430-17-person216" type="gender" value="male"/> </persName> and I, and my apprentice, we went down to my shop, George Jenkins and I did, when we got to the shop we saw a light.</p>
<p>Q. How is the shop situated? - It is down at the bottom of the yard.</p>
<p>Q. Before you went out of the house, did you unlock all your doors? - Yes.</p>
<p>Q. Did you find them all fast? - Yes.</p>
<p>Q. When you came down to the shop, how did you find the shop? - Locked.</p>
<p>Q. How did you get into the shop? - I unlocked it, I had got the key.</p>
<p>Q. When you came into the shop what did you see? - When I was outside of the shop I saw a light in the shop, but on opening the door, I found the light put out, I did not see it put out, but I found it go out.</p>
<p>Q. What did you do when you got into the shop? - George Jenkins went forwards, and felt about for the man.</p>
<p>Q. You was then in the dark we understand? - Yes, George Jenkins went forwards, and found the man out, and called out to me not to let the man go out.</p>
<p>Q. What did you do on that? - I stood at the door till such times as he had found him, then he told me to come to him, and I went to him.</p>
<p>Q. When you went to him what did you observe then? - I saw nothing but a man, we brought him out of the shop, and we took him to the cage.</p>
<p>Q. Who did this man turn out to be? -
<persName id="t17940430-17-person217"> Michael Ball
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<interp inst="t17940430-17-person217" type="given" value="Michael"/>
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<p>Q. Did you make any search in this house, in this workshop? - Yes, directly after I had taken him to the cage.</p>
<p>Q. When you went to this shop had you a light with you? - Yes.</p>
<p>Q. Was it dark when you and Jenkins went to the shop the first time? - Yes.</p>
<p>Q. Was it dark the second time? - Yes, and then we found half a dozen of tiles taken from one corner of the shop, at the roof.</p>
<p>Q. Was there any buildings adjoining to the shop? - Yes, a shed.</p>
<p>Q. Did you observe any other part that was broke about the shop? - No.</p>
<p>Q. Was this break large enough to admit a man to get in? - Yes.</p>
<p>Q. What else did you observe in the shop? - There was a bag containing about fifty pounds weight of iron lay under the place, directly where the tiles were taken off, and a string tied to the bag that contained the iron, all doubled up together.</p>
<p>Q. Then it was not tied to any part, of the building? - No.</p>
<p>Q. Do you happen to know, or had you made any observation whether the tiles had been off the night before you went to bed? - No, they were not off when I locked the shop.</p>
<p>Jury. What tiles was it covered with? - Pantiles.</p>
<p>Court. Where was the bag? - On a shelf, directly under where the tiles were taken from.</p>
<p>
<xptr type="pageFacsimile" doc="179404300027"/>Q. Had you put a bag with the iron there the night before, or any time previous to this? - No.</p>
<p>Q. Had you put any iron on your shelf at any time before this? - Sometimes.</p>
<p>Q. Had you to the extent of fifty pounds weight? - No, never.</p>
<p>Q. Did you look at this iron that you put in this bag? - Yes.</p>
<p>Q. Was that iron your property? - Yes.</p>
<p>Q. Have you got it here? - Yes.</p>
<p>Q. What did you do with that iron? - I took it down from the shelf, and took it before the justice.</p>
<p>Q. Now who took that bag with the iron, before the justice? - The constable.</p>
<p>Q. Did you send for a constable? - Not then.</p>
<p>Q. Did you deliver it to a constable? - Yes, as soon as it was day-light.</p>
<p>Q. Did you deliver it yourself? - Yes.</p>
<p>Q. Was that the same bag that you found in the shop, and was on the shelf? - Yes.</p>
<p>Q. Did you see that iron before the justice? - Yes.</p>
<p>Q. Was that the same iron that you had seen in your shop? - Yes.</p>
<p>Q. That iron you say was your property? - Yes.</p>
<p>Q. What is the value of that iron? - Four shillings and two-pence.</p>
<p>Q. How soon did you see the prisoner at the bar after you had brought him out of the shop, at any light? - Directly afterwards, we took him to the cage, we got a light from the watchman.</p>
<p>Q. Are you sure that is the same man that you saw in the shop, that you took to the cage? - Yes, we never let him go.</p>
<p>Q. I understand from you, you had put no part of that iron in the shop? - It was in the shop the same night.</p>
<p>Q. When had you ever seen the iron before? - I cannot pretend to say.</p>
<p>Q. How lately had you seen any iron there? - There is always iron there.</p>
<p>Q. What sort of iron is it? - Old iron.</p>
<p>Q. What part of the shop did the iron use to lay in? - Some all over the shop, in different parts of it.</p>
<p>Q. Where had you any iron laying that night that you know of? - There was some iron where this bag was, in a loft.</p>
<p>Q. Is there a loft in the shop? - Yes, where the iron is.</p>
<p>Q. Did you lock up the shop yourself? - Yes.</p>
<p>Q. What time of the night did you lock up the shop? - My apprentice locked it, but I was present when the shop was locked.</p>
<p>Q. What time of the night was it? - Six o'clock; he locked it and gave me the key.</p>
<p>Q. Might not that bag be in the place before the shop was locked up? - The smith can say (James Knott.)</p>
<p>
<persName id="t17940430-17-person218"> JOHN PAGE
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<interp inst="t17940430-17-person218" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an apprentice to Mr. Ward. On the 8th of March I locked up the shop.</p>
<p>Q. Who was with you? - My master.</p>
<p>Q. What time of the day did you lock it up? - Six o'clock in the evening.</p>
<p>Q. Your master is a wheelwright, is not he? - Yes.</p>
<p>Q. He has a good deal of iron about his shop has not he? - He has.</p>
<p>Q. Is there a loft in his shop? - Yes.</p>
<p>
<xptr type="pageFacsimile" doc="179404300028"/>Q. Was there any iron in that loft? - Yes, laying loose.</p>
<p>Q. How lately had you been in that loft before you locked the shop up? - I had not been in the loft, the smith had been in the loft.</p>
<p>Q. Then you did not observe the tiles before you went out of the shop at all? - I shut up all the windows but I did not observe the tiles at all.</p>
<p>Q. You was alarmed with your master and Jenkins? - By Jenkins.</p>
<p>Q. Did you go to the warehouse on this alarm? - No, I was sent to the back part of the shop.</p>
<p>Q. Did you see these tiles afterwards? - Yes.</p>
<p>Q. Where were the tiles taken from? - From one side of the corner of the roof, and laid on the roof.</p>
<p>Q. Then no tiles had tumbled down? - No, they were laid on one side of the hole.</p>
<p>Jury. Where there any laths broke? - No, I cannot say that there were.</p>
<p>Q. Do you know what distance the laths were from each other? - Eighteen inches.</p>
<p>Q. Was there room enough for a man's body to go through? - Yes, there was.</p>
<p>Q. Had you the curiosity to see whether any part of the house had been broke open? - No, no part.</p>
<p>Q. Windows nor doors? - No.</p>
<p>Q. Do you know this iron? - No.</p>
<p>
<persName id="t17940430-17-person219"> GEORGE JENKINS
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<interp inst="t17940430-17-person219" type="gender" value="male"/> </persName> sworn.</p>
<p>I am journeyman to Mr. Ward, I was alarmed between three and four o'clock in the morning, I heard he dog bark, it was quite dark, I got out of bed and got up to the window and see a light through the tiles of the shop, I immediately got up and alarmed my master and
<persName id="t17940430-17-person220"> John Page
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<interp inst="t17940430-17-person220" type="given" value="John"/>
<interp inst="t17940430-17-person220" type="gender" value="male"/> </persName> the apprentice.</p>
<p>Q. Where did you and your master go? - We went down into the shop.</p>
<p>Q. How far is the shop from the house? - About sixteen or eighteen yards, more or less.</p>
<p>Q. Is it surrounded by any fence or wall? - All round by a tence, the fence goes compleatly round all.</p>
<p>Q. When you and your master came down to the shop, did you find the door secured, was it fastened? - Yes.</p>
<p>Q. Your master had the key had not he? - Yes; when we came down to the shop I looked through the crack of the door and I could see a man, I could not distinguish who it was.</p>
<p>Q. Was you able to discern what this man was about? - I could see him with a bit of iron in his hand and I could hear the iron rattle; he had a light, his back was towards me stooping down; we went to unlock the door, and as soon as the door moved the light was put out, when I got into the door, I bid my master stand at the door, and I rushed in towards where I saw the light, and I laid hold of the man in the dark, and pulled him down on his back, and called for my matter to come.</p>
<p>Q. Where was he when you did this? - In the shop; I had seen him with a light.</p>
<p>Q. What did you do with the man? - We took him to the watch-house, to the cage.</p>
<p>Q. Who was that man? - The prisoner at the bar, I had known him for years before this. After I had got him in the cage went back to the watchman, got a light, and see who it was, and went afterwards with the light to the shed and we looked to see how the prisoner had got in, and we see half a dozen pantiles were off, over the lost where some old iron lay.</p>
<p>
<xptr type="pageFacsimile" doc="179404300029"/>Q. How many pantiles do you think were taken off? - Six.</p>
<p>Q. By means of the pantiles being off could any man come in through the laths? - Yes, there was room for them.</p>
<p>Q. What became of the tiles? - The tiles were laid on other tiles on the roof of the shop.</p>
<p>Q. None had dropped to break? - No.</p>
<p>Q. What did you observe in the building? - A bag of iron was under the hole where the tiles were taken off on a shelf, where we lay old iron.</p>
<p>Q. Was it old iron that was in the bag? - Yes, old iron that was collected from different parts of the shop.</p>
<p>Jury. How do you suppose the man got in? - I cannot tell, there were buildings adjoining, there was a double roof and a gutter between the buildings.</p>
<p>Q. How lately had you been in this lost? - In the afternoon to look out for a bit of iron for the blacksmith.</p>
<p>Q. Do you use in general to keep your iron in bags? - No, loose in different parts of the shop.</p>
<p>Q. Had you the day before seen any iron of your's on the shelf? - No, we had no such kind of bag, it was not our bag, we had no such bag belonging to us; there was a large string at the mouth of the bag about ten yards, one end tied about the middle of the bag.</p>
<p>Q. How high was the roof from the ground? - The top of the roof was about sixteen or eighteen feet from the ground up.</p>
<p>Q. How many feet do you think the floor of the lost is to the roof? - About five feet.</p>
<p>Q. How many from the shelf to the floor of the lost? - About two feet. I looked into the bag directly, and saw the iron.</p>
<p>Q. How much did the bag contain? - About fifty pounds weight, it was a little bag and nearly full.</p>
<p>Q. Now, looking at that iron was you able to say whose iron it was? - Some of it; I could say to one piece I had in my hand in the day time before this happened that I could swear to.</p>
<p>Q. Where had you seen that piece in the day time before? - One of the men brought it in out of the yard and put it in the lost, I tossed it up.</p>
<p>Q. Was that the only piece of iron that you could speak to? - I did not take particular notice of any other piece.</p>
<p>Q. Where did you take this piece of iron out of the bag in order to look at it? - In the shop, and afterwards I put it into the bag along with the rest and tied the bag up.</p>
<p>Q. Did you see it again before the justice? - Yes, and I am certain it is the same piece.</p>
<p>
<persName id="t17940430-17-person221"> JASPER POLYCUT
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<p>I am a constable to the parish of Eling. I was sent for on Sunday morning, the 9th of March, by Mr. Ward, I went to his house, and the bag was delivered to me by Mr. Ward, that is now present in court, and I took it before the justice, and the bag was delivered to me again there, and I have had it in my custody ever since.</p>
<p>Q. Did you take the prisoner before the justice? - Yes, and he was committed.</p>
<p>Jenkins. I know this piece of iron it is a locking plate to a waggon, it is Mr.
<persName id="t17940430-17-person222"> William Ward
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<interp inst="t17940430-17-person222" type="gender" value="male"/> </persName> 's property.</p>
<p>Q. Is that the same piece that you had delivered to you by a person in the yard, and that you put into the lost? - it is the very same.</p>
<p>Q. Is that the very same piece of iron that you found in the bag and took to the justice? - It is.</p>
<p>Q. Do you go up a ladder to the lost, or how is it? - We go up some steps.</p>
<p>Court. What is there about that iron that you can swear to it by? - I took particular notice of it, for when the man
<xptr type="pageFacsimile" doc="179404300030"/>gave it me, he said it would serve Michy if he came there that night, meaning the prisoner.</p>
<p>
<persName id="t17940430-17-person223"> JAMES KNOTT
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<p>I am a smith, I work for Mr. Ward.</p>
<p>Q. Do you know that iron? - I know it well, I had several pieces of them in my hand that same day; here is a piece been in the shop these three years, it is belonging to the shaft of a cart, we commonly call it a capping iron, here is another piece of the same sort, with a narrow end to it, they have been both in the shop these three years.</p>
<p>Q. Did you know the prisoner before? - Yes, knew him very well.</p>
<p>Court to Ward. Of whom do you rent your house? - Of Mr. Julion. My father and mother are both dead, and my grandmother she conducts the business for me.</p>
<p>Q. How is it your iron, you don't carry on the business? - It is mine, only she answers her name for me.</p>
<p>Q. Then it is your grandmother's house? - No, I pay the rent, and pay every thing.</p>
<p>Q. Then your grandmother has all the business? - No, Mr. Jenkins can explain it.</p>
<p>Jenkins The grandmother lets him have money to go on with the business.</p>
<p>Q. Where does she live? - At Hounslow.</p>
<p>Q. Did you live with the father? - No, I did not.</p>
<p>Q. How long has the father been dead? - Eight years, come August, his grandfather hired me to carry on the business for him, he was living at that time.</p>
<p>Q. With whom have you accounted for in this business? - To the grandfather while living, and then to the grandmother.</p>
<p>Q. What age is he now? - In his wentith year.</p>
<p>Q. You live in the house? - Yes, and have ever since I have been there with him.</p>
<p>Q. In what name is the trade carried on? - In Ward's name, the grandfather's name is Judd.</p>
<p>Q. Why is this trade for his benefit, there are three sisters as well as he? - They all have the benefit alike.</p>
<p>Q. How are the bills made out? - In
<persName id="t17940430-17-person224"> William Ward
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<interp inst="t17940430-17-person224" type="given" value="William"/>
<interp inst="t17940430-17-person224" type="gender" value="male"/> </persName> 's name, the grandmother takes the money.</p>
<p>
<rs id="t17940430-17-verdict84" type="verdictDescription">
<interp inst="t17940430-17-verdict84" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the first Middlesex Jury before Mr. Baron THOMPSON.</p> </div1></div0>
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