<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>427.
<persName id="t18150405-3-defend85" type="defendantName"> THOMAS SHEPHERD
<interp inst="t18150405-3-defend85" type="surname" value="SHEPHERD"/>
<interp inst="t18150405-3-defend85" type="given" value="THOMAS"/>
<interp inst="t18150405-3-defend85" type="gender" value="male"/>
<interp inst="t18150405-3-defend85" type="age" value="44"/> </persName> was indicted for
<rs id="t18150405-3-off11" type="offenceDescription">
<interp inst="t18150405-3-off11" type="offenceCategory" value="theft"/>
<interp inst="t18150405-3-off11" type="offenceSubcategory" value="burglary"/> burglariously breaking and entering the dwelling-house of
<persName id="t18150405-3-victim87" type="victimName"> John Joseph
<interp inst="t18150405-3-victim87" type="surname" value="Joseph"/>
<interp inst="t18150405-3-victim87" type="given" value="John"/>
<interp inst="t18150405-3-victim87" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t18150405-3-off11 t18150405-3-victim87"/> </persName> , about the hour of seven in the night, of the
<rs id="t18150405-3-cd12" type="crimeDate">6th of March</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t18150405-3-off11 t18150405-3-cd12"/>, with intent to steal, and burglariously stealing therein, two hats, value 5 s. </rs> the property of
<persName id="t18150405-3-person88"> John Joseph
<interp inst="t18150405-3-person88" type="surname" value="Joseph"/>
<interp inst="t18150405-3-person88" type="given" value="John"/>
<interp inst="t18150405-3-person88" type="gender" value="male"/> </persName> .</p>
<p>
<persName id="t18150405-3-person89"> JOHN JOSEPH
<interp inst="t18150405-3-person89" type="surname" value="JOSEPH"/>
<interp inst="t18150405-3-person89" type="given" value="JOHN"/>
<interp inst="t18150405-3-person89" type="gender" value="male"/> </persName> . I live in Cranburn-passage, Liecester-square, and likewise the house stands in Castle-street; the front is in Cranburn-passage; I was robbed at the back of the house in
<placeName id="t18150405-3-crimeloc13">Castle-street</placeName>
<interp inst="t18150405-3-crimeloc13" type="placeName" value="Castle-street"/>
<interp inst="t18150405-3-crimeloc13" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t18150405-3-off11 t18150405-3-crimeloc13"/>; the house is in the
<placeName id="t18150405-3-crimeloc14">parish of St. Ann's</placeName>
<interp inst="t18150405-3-crimeloc14" type="placeName" value="parish of St. Ann's"/>
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<join result="offencePlace" targOrder="Y" targets="t18150405-3-off11 t18150405-3-crimeloc14"/>.</p>
<p>Q. What is your business - A. A
<rs id="t18150405-3-viclabel15" type="occupation">hatter</rs>
<join result="persNameOccupation" targOrder="Y" targets="t18150405-3-victim87 t18150405-3-viclabel15"/>.</p>
<p>Q. Were you at home on the 6th of March - A. Yes.</p>
<p>Q. Do you recollect the evening on which your attention was called - A. Yes; after having lit up the shop, I went into the parlour to tea, I went back into the little parlour, which is detached from the shop; after having had my tea I came out again into the shop; I looked round the shop; I found a great draft; I looked up, and found a window down; when I was in the parlour I left the windows closely shut, I had observed it.</p>
<p>Q. How were they secured - A. By pulleys, that pull them down; I had suspicion that I had been robbed; I looked round the shelves; I found two or three hats gone.</p>
<p>Q. What time in the evening do you suppose it was - A. About half past seven; I am sure it was half past seven, it was nearer eight than seven; it was quite dark; no remains of day-light left.</p>
<p>Q. You have no other fastenings - A. No, only the shutters; we do not shut up before nine o'clock.</p>
<p>Q. How high was this window - A. About nine or ten feet from the ground, or more, it is about eighteen feet to the top of the window. I saw the prisoner get upon the top of the brick wall; it was the upper sash that was pulled down; I perceived that two or three hats were gone; I then went out of the passage door to this window, to see if I could observe any person thereabouts.</p>
<p>Q. You went round to this window - A. Yes; after being there about a minute, I saw the prisoner come out of a very dark court, where there was no thoroughfare; he appeared to me to be waiting for an opportunity to get at this window again; I then suspected that he might be the man that opened the window; I did not think it proper it being a dark street to attack the man by myself; I went to an opposite neighbour, and asked him to assist me; I got my neighbour to assist me; my neighbour and I went round, and in about two minutes, he made a dash on the top of this brick work, he jumped upon the brick work at the corner of my house, which is built to keep off nuisances; he threw his head and shoulders into the window, and took another hat; I saw him do that; they were within his reach by putting his head and shoulders in and half his body; then me and my neighbour secured him, with the hat in his hand; we took him to the watchhouse; I there saw him searched; we found upon him the papers containing the former hats, the papers and string that tied them up.</p>
<p>Q. How did you know it to be the paper and string that tied them up - A. By the marks; they
<xptr type="pageFacsimile" doc="181504050008"/>were the shape of a hat as it lay upon the shelf; I knew it by the marks, and by the appearance; I knew the hats that were gone.</p>
<p>Q. Have you got the hat that he took last - A. Yes; this is it; it is marked with my private mark; I believe the witness that assisted me,
<persName id="t18150405-3-person90"> William Chandler
<interp inst="t18150405-3-person90" type="surname" value="Chandler"/>
<interp inst="t18150405-3-person90" type="given" value="William"/>
<interp inst="t18150405-3-person90" type="gender" value="male"/> </persName> , took the hat out of his hand; the beadle has had it ever since. I know that hat by the private mark; it was marked twelve months before it was stolen.</p>
<p>Q. What is the value of the three hats -
<persName id="t18150405-3-person91">A. </persName> Half-a-crown each</p>
<p>
<persName id="t18150405-3-person92"> WILLIAM CHANDLER
<interp inst="t18150405-3-person92" type="surname" value="CHANDLER"/>
<interp inst="t18150405-3-person92" type="given" value="WILLIAM"/>
<interp inst="t18150405-3-person92" type="gender" value="male"/> </persName> . I am the neighbour to the last witness. Mr. Joseph called to me for assistance on the 6th of March, between seven and eight in the evening; I went into the street with Mr. Joseph, he pointed out the prisoner to me. I saw the prisoner stand upon this brick work at the window; I saw nearly half his body in the window, he was half hanging over the sash; Mr. Joseph said, this is him; I ran, and seized him with the hat in his hand; he made a blow at me with the hat; he was taken to the watchhouse immediately, and the hat was delivered to the beadle.</p>
<p>
<persName id="t18150405-3-person93"> WILLIAM GOSLING
<interp inst="t18150405-3-person93" type="surname" value="GOSLING"/>
<interp inst="t18150405-3-person93" type="given" value="WILLIAM"/>
<interp inst="t18150405-3-person93" type="gender" value="male"/> </persName> . I am beadle of St. Ann's parish. On the 6th of March last, I was sent for to the watchhouse to take care of the prisoner, and to search him; I felt in his pockets; I took out this paper; Mr. Joseph said they were the papers of the other two hats that were lost. This hat was in the watchhouse; Mr. Joseph gave me the hat; I have had it in my possession ever since.</p>
<p>COURT. Q. To Prosecutor. Do you inhabit the house - A. Yes; I let the first floor; I live in the same house; I have no partner in the business.</p>
<p>GUILTY, aged 44.</p>
<p>
<rs id="t18150405-3-verdict16" type="verdictDescription">
<interp inst="t18150405-3-verdict16" type="verdictCategory" value="guilty"/>
<interp inst="t18150405-3-verdict16" type="verdictSubcategory" value="lesserOffence"/> Of stealing only, but not of breaking and entering the dwelling-house </rs>.</p>
<p>
<rs id="t18150405-3-punish17" type="punishmentDescription">
<interp inst="t18150405-3-punish17" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t18150405-3-defend85 t18150405-3-punish17"/> Transported for Seven Years </rs>.</p>
<p>First Middlesex Jury, before Mr. Justice Chambre.</p> </div1></div0>
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<div0 id="18150405" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t18150405-3">
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<p>427.
<persName id="t18150405-3-defend85" type="defendantName"> THOMAS SHEPHERD
<interp inst="t18150405-3-defend85" type="surname" value="SHEPHERD"/>
<interp inst="t18150405-3-defend85" type="given" value="THOMAS"/>
<interp inst="t18150405-3-defend85" type="gender" value="male"/>
<interp inst="t18150405-3-defend85" type="age" value="44"/> </persName> was indicted for
<rs id="t18150405-3-off11" type="offenceDescription">
<interp inst="t18150405-3-off11" type="offenceCategory" value="theft"/>
<interp inst="t18150405-3-off11" type="offenceSubcategory" value="burglary"/> burglariously breaking and entering the dwelling-house of
<persName id="t18150405-3-victim87" type="victimName"> John Joseph
<interp inst="t18150405-3-victim87" type="surname" value="Joseph"/>
<interp inst="t18150405-3-victim87" type="given" value="John"/>
<interp inst="t18150405-3-victim87" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t18150405-3-off11 t18150405-3-victim87"/> </persName> , about the hour of seven in the night, of the
<rs id="t18150405-3-cd12" type="crimeDate">6th of March</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t18150405-3-off11 t18150405-3-cd12"/>, with intent to steal, and burglariously stealing therein, two hats, value 5 s. </rs> the property of
<persName id="t18150405-3-person88"> John Joseph
<interp inst="t18150405-3-person88" type="surname" value="Joseph"/>
<interp inst="t18150405-3-person88" type="given" value="John"/>
<interp inst="t18150405-3-person88" type="gender" value="male"/> </persName> .</p>
<p>
<persName id="t18150405-3-person89"> JOHN JOSEPH
<interp inst="t18150405-3-person89" type="surname" value="JOSEPH"/>
<interp inst="t18150405-3-person89" type="given" value="JOHN"/>
<interp inst="t18150405-3-person89" type="gender" value="male"/> </persName> . I live in Cranburn-passage, Liecester-square, and likewise the house stands in Castle-street; the front is in Cranburn-passage; I was robbed at the back of the house in
<placeName id="t18150405-3-crimeloc13">Castle-street</placeName>
<interp inst="t18150405-3-crimeloc13" type="placeName" value="Castle-street"/>
<interp inst="t18150405-3-crimeloc13" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t18150405-3-off11 t18150405-3-crimeloc13"/>; the house is in the
<placeName id="t18150405-3-crimeloc14">parish of St. Ann's</placeName>
<interp inst="t18150405-3-crimeloc14" type="placeName" value="parish of St. Ann's"/>
<interp inst="t18150405-3-crimeloc14" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t18150405-3-off11 t18150405-3-crimeloc14"/>.</p>
<p>Q. What is your business - A. A
<rs id="t18150405-3-viclabel15" type="occupation">hatter</rs>
<join result="persNameOccupation" targOrder="Y" targets="t18150405-3-victim87 t18150405-3-viclabel15"/>.</p>
<p>Q. Were you at home on the 6th of March - A. Yes.</p>
<p>Q. Do you recollect the evening on which your attention was called - A. Yes; after having lit up the shop, I went into the parlour to tea, I went back into the little parlour, which is detached from the shop; after having had my tea I came out again into the shop; I looked round the shop; I found a great draft; I looked up, and found a window down; when I was in the parlour I left the windows closely shut, I had observed it.</p>
<p>Q. How were they secured - A. By pulleys, that pull them down; I had suspicion that I had been robbed; I looked round the shelves; I found two or three hats gone.</p>
<p>Q. What time in the evening do you suppose it was - A. About half past seven; I am sure it was half past seven, it was nearer eight than seven; it was quite dark; no remains of day-light left.</p>
<p>Q. You have no other fastenings - A. No, only the shutters; we do not shut up before nine o'clock.</p>
<p>Q. How high was this window - A. About nine or ten feet from the ground, or more, it is about eighteen feet to the top of the window. I saw the prisoner get upon the top of the brick wall; it was the upper sash that was pulled down; I perceived that two or three hats were gone; I then went out of the passage door to this window, to see if I could observe any person thereabouts.</p>
<p>Q. You went round to this window - A. Yes; after being there about a minute, I saw the prisoner come out of a very dark court, where there was no thoroughfare; he appeared to me to be waiting for an opportunity to get at this window again; I then suspected that he might be the man that opened the window; I did not think it proper it being a dark street to attack the man by myself; I went to an opposite neighbour, and asked him to assist me; I got my neighbour to assist me; my neighbour and I went round, and in about two minutes, he made a dash on the top of this brick work, he jumped upon the brick work at the corner of my house, which is built to keep off nuisances; he threw his head and shoulders into the window, and took another hat; I saw him do that; they were within his reach by putting his head and shoulders in and half his body; then me and my neighbour secured him, with the hat in his hand; we took him to the watchhouse; I there saw him searched; we found upon him the papers containing the former hats, the papers and string that tied them up.</p>
<p>Q. How did you know it to be the paper and string that tied them up - A. By the marks; they
<xptr type="pageFacsimile" doc="181504050008"/>were the shape of a hat as it lay upon the shelf; I knew it by the marks, and by the appearance; I knew the hats that were gone.</p>
<p>Q. Have you got the hat that he took last - A. Yes; this is it; it is marked with my private mark; I believe the witness that assisted me,
<persName id="t18150405-3-person90"> William Chandler
<interp inst="t18150405-3-person90" type="surname" value="Chandler"/>
<interp inst="t18150405-3-person90" type="given" value="William"/>
<interp inst="t18150405-3-person90" type="gender" value="male"/> </persName> , took the hat out of his hand; the beadle has had it ever since. I know that hat by the private mark; it was marked twelve months before it was stolen.</p>
<p>Q. What is the value of the three hats -
<persName id="t18150405-3-person91">A. </persName> Half-a-crown each</p>
<p>
<persName id="t18150405-3-person92"> WILLIAM CHANDLER
<interp inst="t18150405-3-person92" type="surname" value="CHANDLER"/>
<interp inst="t18150405-3-person92" type="given" value="WILLIAM"/>
<interp inst="t18150405-3-person92" type="gender" value="male"/> </persName> . I am the neighbour to the last witness. Mr. Joseph called to me for assistance on the 6th of March, between seven and eight in the evening; I went into the street with Mr. Joseph, he pointed out the prisoner to me. I saw the prisoner stand upon this brick work at the window; I saw nearly half his body in the window, he was half hanging over the sash; Mr. Joseph said, this is him; I ran, and seized him with the hat in his hand; he made a blow at me with the hat; he was taken to the watchhouse immediately, and the hat was delivered to the beadle.</p>
<p>
<persName id="t18150405-3-person93"> WILLIAM GOSLING
<interp inst="t18150405-3-person93" type="surname" value="GOSLING"/>
<interp inst="t18150405-3-person93" type="given" value="WILLIAM"/>
<interp inst="t18150405-3-person93" type="gender" value="male"/> </persName> . I am beadle of St. Ann's parish. On the 6th of March last, I was sent for to the watchhouse to take care of the prisoner, and to search him; I felt in his pockets; I took out this paper; Mr. Joseph said they were the papers of the other two hats that were lost. This hat was in the watchhouse; Mr. Joseph gave me the hat; I have had it in my possession ever since.</p>
<p>COURT. Q. To Prosecutor. Do you inhabit the house - A. Yes; I let the first floor; I live in the same house; I have no partner in the business.</p>
<p>GUILTY, aged 44.</p>
<p>
<rs id="t18150405-3-verdict16" type="verdictDescription">
<interp inst="t18150405-3-verdict16" type="verdictCategory" value="guilty"/>
<interp inst="t18150405-3-verdict16" type="verdictSubcategory" value="lesserOffence"/> Of stealing only, but not of breaking and entering the dwelling-house </rs>.</p>
<p>
<rs id="t18150405-3-punish17" type="punishmentDescription">
<interp inst="t18150405-3-punish17" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t18150405-3-defend85 t18150405-3-punish17"/> Transported for Seven Years </rs>.</p>
<p>First Middlesex Jury, before Mr. Justice Chambre.</p> </div1></div0>
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