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<p>424.
<persName id="t17960622-39-defend450" type="defendantName"> JOHN JAQUES
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<interp inst="t17960622-39-defend450" type="age" value="30"/> </persName> was indicted for
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<interp inst="t17960622-39-off213" type="offenceCategory" value="theft"/>
<interp inst="t17960622-39-off213" type="offenceSubcategory" value="shoplifting"/> feloniously stealing, on the
<rs id="t17960622-39-cd214" type="crimeDate">22d of March</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17960622-39-off213 t17960622-39-cd214"/>, five pair of silk stockings, value 3l. the property of
<persName id="t17960622-39-victim452" type="victimName"> William Clarke
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<join result="offenceVictim" targOrder="Y" targets="t17960622-39-off213 t17960622-39-victim452"/> </persName> , privately in his shop </rs>.</p>
<p>
<persName id="t17960622-39-person453"> WILLIAM CLARKE
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<interp inst="t17960622-39-person453" type="gender" value="male"/> </persName> sworn.</p>
<p>I live in
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<join result="offencePlace" targOrder="Y" targets="t17960622-39-off213 t17960622-39-crimeloc215"/>, I am a
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<join result="persNameOccupation" targOrder="Y" targets="t17960622-39-victim452 t17960622-39-viclabel216"/> and hosier: On the 19th of March, in the evening, the prisoner came to my shop and asked me if I dealt in silk stockings; I told him I did; he said he wanted a parcel of stockings, if I could sell them upon good terms he would deal with me, if I would make an allowance in taking a parcel; I told him I would; he said he had another gentleman that he must consult, and he would call upon the Monday
<xptr type="pageFacsimile" doc="179606220061"/>morning and make the purchase; he did not come on the Monday morning, but came on the Tuesday and made an apology for not coming; he then desired me to show him some stockings; which I did; I showed him some white first, a parcel in which there were twelve pair; he looked out what he thought proper, and then desired to see some others; I showed him a dozen of patent ribbed; he looked out some of them, and then I showed him some others, such as white and coloured silk; after he had done with the silk, then he wanted some women's white cotton, very fine, and then he wanted some women's coarse at 2s. 6d. or 3s. the pair; he then wanted some boy's random two sizes, and he looked out silk and cotton boy's ones to the amount of 18l. odd; he desired the silk to be packed up very carefully in strong paper, for that they were going into the country, and to prevent them being rubbed in cartridge paper; the other sort he was indifferent about the packing, but if I would get them ready in half an hour, he would call and settle for them; this was about half an hour after eight in the morning; I told him that was too short a time to get the bill ready and all, if he would wait till ten o'clock I would then be ready for him; he said, that would suit him just as well, and desired I would have them ready; I packed them up agreeable to his desire, the bill was made; he did not come; I kept them packed all that day, and the day after; the third day I opened them, convinced in my own mind that he was a bad man; I opened them, and upon examining what he had bought, and what I knew I had, I found that he had robbed me of two pair of white silk and three pair of coloured patent ribbed; I knew he had robbed me, because I knew there were twelve in the parcel, and when I examined them, and what he had looked out, there were two deficient.</p>
<p>Q. Was that deficiency in the parcel reserved for your own use, or in the parcel that you had packed up? - A. The deficiency was in those that were put back again, and the same with the patent silk; there were twelve pair in paper.</p>
<p>Q. How many of the patent had he agreed for? - A. He had not agreed for any,</p>
<p>Q. What was the quantity he had fixed upon for packing up? - A. He took out what he liked and laid them in a heap; when my back was turned to show him some others, he must have taken them.</p>
<p>Q. But there was that deficiency? - A. Yes.</p>
<p>Q. Did you ever see those stockings again? - A. No, never.</p>
<p>Q. I don't understand you with respect to the white and patent silk stockings, there was a dozen of each; did he direct you to pack the whole dozen? - A. No.</p>
<p>Q. What did you do with those that he did not order? - A. I made up the paper myself, and put it aside.</p>
<p>Q. This paper you did not examine till two days after he had left the shop? - A. No; not till the third day.</p>
<p>Q. What is the value of those things? - A. Between three and four pounds.</p>
<p>Cross-examined by Mr. Knapp. Q. In the first place, are you quite sure he is the man? - A. I am very sure he is the man.</p>
<p>Q. He ordered you to pack up some stockings? - A. He ordered me to pack up the silk carefully by themselves.</p>
<p>Q. Do you know how many pair you packed up? - A. I really don't know; I know the whole amount of the stock that he looked out was 18l. odd.</p>
<p>Q. Then the only ground for your supposing he took those things is, that three days after, when you came to calculate your stock, there were five deficient? - A. Yes.</p>
<p>Q. I take it for granted your shop was not shut up those three days? - A. No; certainly not.</p>
<p>Q. And those things have never been found since? - A. No.</p>
<p>Court. Q. Did the parcels that you put back appear to you to be in the same state the third day, as when you put them back? - A. They were; I am sure they never had been opened.</p>
<p>
<persName id="t17960622-39-person454"> JOHN CLARKE
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<interp inst="t17960622-39-person454" type="gender" value="male"/> </persName> sworn.</p>
<p>I am son of the last witness; I was in the shop at the time the prisoner was there.</p>
<p>Q. Did you see him the time that he first called? - A. Yes; I was there the whole of the time, though not behind the counter.</p>
<p>Q. Did you see him the second time? - A. No; he only called once.</p>
<p>Q. Yes, he did? - A. Yes; I believe he called on the Thursday morning first, and on the Friday morning the second time.</p>
<p>Q. However you saw him both times? - A. Yes, I did.</p>
<p>Q. Do you know the quantity of stockings that was shown him? - A. Yes; I am confident there were twelve pair in each bundle.</p>
<p>Q. Did you examine the bundles upon their being taken down, when you suspected some had been stolen? - A. My father did in my presence; there were three pair deficient in one bundle, and two pair in the other.</p>
<p>Q. Are you in the habit of serving in the shop? - A. Yes.</p>
<p>Q. In the interval of the time between his coming and choosing the stockings, and your examining them afterwards, had you taken down those bundles? - A. I had not.</p>
<p>Q. Has your father any other servant that serves in the shop? - A. He has not.</p>
<p>Cross-examined by Mr. Ally. Q. You were in the shop the first time that he came? - A. Yes.</p>
<p>
<xptr type="pageFacsimile" doc="179606220062"/>Q. Your's is a shop of very good custom, I believe, and a great many people coming in? - A. Yes.</p>
<p>Q. It happens in the hurry of business, when customers come into your shop, that you pull down a great many bundles in your anxiety to serve your customers? - A. It might have happened so, but these things I am positive were not taken down.</p>
<p>Q. But in the hurry of business you or your father might have done it? - A. I must have recollected it, if it had been so.</p>
<p>Court. Q. You are certain you took down in that interval neither of those bundles? - A. I am positive of it.</p>
<p>Q. (To the Prosecutor.) In the internal between your showing him these stockings and examining the bundles, had you shewn them to any body? - A. I am sure I never had, for they were patterns I intended to return, the patterns not being agreeable to me.</p>
<p>Mr. Ally. Q. Is there any other servant in your shop? - A. There is a shop-woman attends occasionally.</p>
<p>Q. You have left somebody there, I take it for granted, to take care of your shop? - A. Yes; Mrs. Clark.</p>
<p>Q. She serves occasionally? - A. Yes.</p>
<p>Prisoner's defence. My Lord, and Gentlemen of the Jury, in the defence that I meant to have set up, I intended to prove an alibi, but was advised to the contrary; if I had not, I should have been able to proved myself to be near 100 miles off at the time, at Bury St. Edmund's; but it would have been a very great expence to have subpoened witnesses so far to give evidence; I think it is not necessary for me to trouble your Lordship long, and therefore shall say but very little; that I am innocent of the charge is all the defence I can make; it is not very likely that twelve gentlemen-remember, gentlemen, my life is at stake-it is not likely that twelve gentlemen, as honest men, would take away my like in such a case as this; a shop that is open to all comers and goers; the prosecutor said, three days afterwards he examined the parcels; is it possible, that upon such evidence my life is to be taken away? I shall trouble you no longer, gentlemen, you will remember my life is at stake.</p>
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<join result="defendantPunishment" targOrder="Y" targets="t17960622-39-defend450 t17960622-39-punish218"/> Death </rs>. (Aged 30.)</p>
<p>Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.</p> </div1></div0>
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