<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<persName id="t18010916-41-defend275" type="defendantName"> JOSEPH DAVIS
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<interp inst="t18010916-41-defend275" type="gender" value="male"/>
<interp inst="t18010916-41-defend275" type="age" value="36"/> </persName> ,
<persName id="t18010916-41-defend277" type="defendantName"> THOMAS HEAD
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<interp inst="t18010916-41-defend277" type="given" value="THOMAS"/>
<interp inst="t18010916-41-defend277" type="gender" value="male"/> </persName> , and
<persName id="t18010916-41-defend278" type="defendantName"> ESTHER HEAD
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<interp inst="t18010916-41-defend278" type="gender" value="female"/> </persName> , were indicted for
<rs id="t18010916-41-off209" type="offenceDescription">
<interp inst="t18010916-41-off209" type="offenceCategory" value="theft"/>
<interp inst="t18010916-41-off209" type="offenceSubcategory" value="burglary"/> burglariously breaking and entering the dwelling-house of
<persName id="t18010916-41-victim280" type="victimName"> John Crabb
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<interp inst="t18010916-41-victim280" type="gender" value="male"/> </persName> , about the hour of eight in the night of the
<rs id="t18010916-41-cd210" type="crimeDate">15th of August</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t18010916-41-off209 t18010916-41-cd210"/>, with intent to steal, and feloniously stealing two coats, value 4l. three waistcoats, value 9s. a pair of breeches, value 10s. a silk gown and coat, value 20s. a bombasine gown and coat, value 16s. three muslin gowns, value 3l. 10s. a cotton gown, value 10s. a muslin petticoat, value 15s. two petticoats, value 10s. a shawl, value 2s. six neck-handkerchiefs, value 6s. two child's frocks, value 20s. three shirts, value 10s. a bedquilt, value 5s. a breakfast-cloth, value 6d. and a table-cloth, value 5s. </rs> the property of
<persName id="t18010916-41-victim281" type="victimName"> Samuel Chivers
<interp inst="t18010916-41-victim281" type="surname" value="Chivers"/>
<interp inst="t18010916-41-victim281" type="given" value="Samuel"/>
<interp inst="t18010916-41-victim281" type="gender" value="male"/> </persName> , in the said dwelling-house.</p>
<persName id="t18010916-41-person282"> ANN CHIVERS
<interp inst="t18010916-41-person282" type="surname" value="CHIVERS"/>
<interp inst="t18010916-41-person282" type="given" value="ANN"/>
<interp inst="t18010916-41-person282" type="gender" value="female"/> </persName> sworn. - I live at Mr. Crabb's,
<placeName id="t18010916-41-crimeloc211">No. 43, Old-street</placeName>
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<join result="offencePlace" targOrder="Y" targets="t18010916-41-off209 t18010916-41-crimeloc211"/>: The back-room door is in the passage, I locked it about eight o'clock in the evening, I was called into my shop and left the room safe; in five or six minutes after, a girl came in for change for a seven-shilling-piece, I gave it her, and after she was gone, I found it was a bad one; I was lamenting the loss, when
<persName id="t18010916-41-person283"> Esther Head
<interp inst="t18010916-41-person283" type="surname" value="Head"/>
<interp inst="t18010916-41-person283" type="given" value="Esther"/>
<interp inst="t18010916-41-person283" type="gender" value="female"/> </persName> came in, and asked me what she owed me; I told her I could not tell, as I was in a flurry, having taken a bad seven-shilling piece; she asked me if I should know the girl, I said, I should; she asked me if I would go with her, and look for her; I went out of the door, when she took my hand, and hitched it upon her arm, and we went quite the contrary way to what the girl went; she said, there is a girl of your description, but it was not her; she led me down Bunhill row, and begged me to have something to drink; I said I could not, and must put up with the loss; upon which she seemed very much against my going back, but we went back, and I found my acquaintance I had left in the shop; Esther Head still pressed me to know what
<xptr type="pageFacsimile" doc="180109160030"/>was owing; I said I could not recollect, but still she kept me in discourse for sometime; I wanted something out of the back room, and directly she saw I was going there, she bade me good night, and went away; directly, a man came in, and asked me to let him look at a bad shilling; he stopped two or three minutes, then turned round, and said, it is a bad one; I immediately went into the back room, and found the things gone; I found the drawers open, and the counterpane off the bed; I lost the things in the indictment, and a great many more; I had a letter from some unknown person to take up Davis, which I did; the night before, Head and his wife were round my shop taking notice of it.</p>
<p>- THIMBLEBY sworn. - I am a pawnbroker: I produce a shirt which the prisoner, Davis, pawned on the 18th of August for five shillings; I knew him before. (The shirt was identified by Mrs. Chivers).</p>
<p>JOHN FARRER sworn. - I am a pawnbroker, and took in this table-cloth on the 17th of August of Elizabeth Davis; I knew her before. (The table-cloth was deposed to by Mrs. Chivers).</p>
<p>JOHN ARMSTRONG sworn. - I, in company with Ray and others, apprehended the prisoner Head and his wife on the 18th of August, at a house in Price's-court, Old-street; and on Thursday, the 20th of August, in company with Vickery and Mason, and a woman of the name of Jenner, I went to No. 20, Hatfield Place, in the Surry road, and in the room of a woman of the name of Austin this box was produced to me from under the bed; in it was this piece of cloth, which Mrs. Chivers says is her's, and these bags full of picklock keys, a dark lantern, a phosphorus box, a candle, and a large ripping chisel. (Produces them).(The piece of cloth was identified by Mrs. Chivers.)</p>
<persName id="t18010916-41-person284"> MARY AUSTIN
<interp inst="t18010916-41-person284" type="surname" value="AUSTIN"/>
<interp inst="t18010916-41-person284" type="given" value="MARY"/>
<interp inst="t18010916-41-person284" type="gender" value="female"/> </persName> sworn. - My sister, Mary Jenner, brought that box to my room, when I was out, on Tuesday night, and it was found on the Thursday following; she gave no reason for bringing it, nor did I know what was in it.</p>
<p>MARY JENNER sworn. - I took the box out of the room where I lived with Mr. Davis, in Liquor-pond-street; it was empty, and I carried it over to my sister's.</p>
<p>Q. What did you carry it there for? - A. For safety.</p>
<p>Q. Did you know what was in it? - A. No.</p>
<p>Q. Who desired you to take it over? - A. I took it over of my own head.</p>
<p>Q. You took this box out of your room to your sister's for safety? - A. Yes.</p>
<p>Q. Who desired you to carry it away? - A.Joseph Davis.</p>
<p>Q. Did he bring the box into the room? - A. No; it was in the room before; it had been there a good while.</p>
<p>Who brought it there first? - A. I don't know; there were two boxes in the room before I went to him.</p>
<p>Q. Did Davis put any thing into the box? - A. I did not see him.</p>
<p>Q. Was it Davis's room? - A. Yes; he paid for it.</p>
<p>Q. Did you ever see the box open? - A. No; I did not know what was in it till the officers came; I do not know Head, and never saw him with Davis.</p>
<p>Q.(To Armstrong). Did you find any thing upon
<persName id="t18010916-41-person285"> Thomas Head
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<interp inst="t18010916-41-person285" type="given" value="Thomas"/>
<interp inst="t18010916-41-person285" type="gender" value="male"/> </persName> ? - A. Nothing, or in his apartments.</p>
<persName id="t18010916-41-person286"> JOHN RAY
<interp inst="t18010916-41-person286" type="surname" value="RAY"/>
<interp inst="t18010916-41-person286" type="given" value="JOHN"/>
<interp inst="t18010916-41-person286" type="gender" value="male"/> </persName> sworn. - I was in company with Vickery and Armstrong on the 18th and 20th, and apprehended Davis and this girl; they were in bed together; there was nothing found on Head.</p>
<p>Davis. (To Jenner). Q. Did you not say before the Magistrate that you received those things of Mrs. Head on the Wednesday after the robbery was committed? - A. Yes, I did, in Old-street, upon some logs.</p>
<p>Court. Q.How came you to say you received them of her? - A. I did receive them of her.</p>
<p>Davis. Wednesday was the day after the robbery; on the Tuesday this man and woman were for examination, therefore they could not give her those things on the Wednesday.</p>
<p>Court. Q. You said you received them of Mrs. Head on the Wednesday on some logs in Old-street- where did you get them? - A. In Old-street, on some logs.</p>
<p>Q. Who was with her? - A. Nobody, only me and herself.</p>
<p>Q. Was that on the Wednesday? - A. I don't know rightly what day it was she came to my place; I took them home.</p>
<p>Q. Did Davis ever see those things? - A. No; he was not at home.</p>
<p>Q. When he did come home, did you show him the box? - A. I took it over to my sister's; he was not at home.</p>
<p>Q. Did Davis never see the box? - A. It stood in the room empty, on the top of another box.</p>
<p>Head. Q. What things did my wife give you on the Wednesday? - A. The dark lantern and keys, and other things; they were not in the box, they were in my lap.</p>
<p>Court. Q.What were they given to you for? - A. To take home.</p>
<p>Q.For what purpose? - A. I was to take them home, and put them in the box; Joseph Davis did not see them; and I took them to my sister's.</p>
<p>Q. Who gave you the piece of cloth that was in the box? - A. It was in the room, and I put it in the box; I did not see who brought it into the room.</p>
<p>Davis's defence. On Thursday morning, Ray,
<xptr type="pageFacsimile" doc="180109160031"/>and three others, came to my apartments; I was not up; they said they had a warrant; I got up, and so did Mary Jenner; they looked every where, and found nothing but a horse-cloth, which they took, and said, I must go with them to the office with
<persName id="t18010916-41-person287"> Mary Jenner
<interp inst="t18010916-41-person287" type="surname" value="Jenner"/>
<interp inst="t18010916-41-person287" type="given" value="Mary"/>
<interp inst="t18010916-41-person287" type="gender" value="female"/> </persName> ; I went, and left Jenner in company with Ray, Ferris, and another, to follow, on account of secresy; they came to the office, and we were both put at the bar together, but Armstrong came and took out
<persName id="t18010916-41-person288"> Mary Jenner
<interp inst="t18010916-41-person288" type="surname" value="Jenner"/>
<interp inst="t18010916-41-person288" type="given" value="Mary"/>
<interp inst="t18010916-41-person288" type="gender" value="female"/> </persName> , and I was ordered to be put back; I saw no more of her till the second hearing; they produced a box, and Ray said, search him for the key, they did, but found done; I knew nothing of the box, I never was at her sister's, nor did I know where she lived; the shirt is my own, and if you will measure the wrist-bands, they will fit me, as I am a small man.</p>
<p>Head's defence. I live very near the prosecutor's house, and as to passing it, I am obliged to do so, as I have my beer from a house at the corner; my wife says, she knows nothing of it.</p>
<p>Jury. (To Jenner). Q. Did you know what was in the box when you took it out of Davis's room? - A. I took it out of Davis's room; there were two empty boxes.</p>
<p>Q. Did you know what was in it? - A. No, I did not; Davis was not at home.</p>
<p>Q. Did you ever see the piece of cloth before?- A. No.</p>
<p>Q. When you opened the box to put in the keys and the lantern, was there any cloth in it then? - A. Yes, I believe the cloth was in it.</p>
<persName id="t18010916-41-person289"> Joseph Davis
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<interp inst="t18010916-41-person289" type="given" value="Joseph"/>
<interp inst="t18010916-41-person289" type="gender" value="male"/> </persName> , GUILTY,
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<join result="defendantPunishment" targOrder="Y" targets="t18010916-41-defend275 t18010916-41-punish212"/> Death </rs>, aged 36.</p>
<rs id="t18010916-41-verdict213" type="verdictDescription">
<interp inst="t18010916-41-verdict213" type="verdictCategory" value="guilty"/>
<interp inst="t18010916-41-verdict213" type="verdictSubcategory" value="lesserOffence"/> stealing in the dwelling, but not of the burglary </rs>.</p>
<persName id="t18010916-41-person290"> Thomas Head
<interp inst="t18010916-41-person290" type="surname" value="Head"/>
<interp inst="t18010916-41-person290" type="given" value="Thomas"/>
<interp inst="t18010916-41-person290" type="gender" value="male"/> </persName> ,
<rs id="t18010916-41-verdict214" type="verdictDescription">
<interp inst="t18010916-41-verdict214" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Esther Head,
<rs id="t18010916-41-verdict215" type="verdictDescription">
<interp inst="t18010916-41-verdict215" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>First Middlesex Jury, before Mr.
<persName id="t18010916-41-person291"> Baron Hotham
<interp inst="t18010916-41-person291" type="surname" value="Hotham"/>
<interp inst="t18010916-41-person291" type="given" value="Baron"/>
<interp inst="t18010916-41-person291" type="gender" value="male"/> </persName> .</p> </div1></div0>

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