<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Before Mr. Recorder.</p>
<persName id="t18260406-82-defend544" type="defendantName"> THOMAS FREEMAN
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<interp inst="t18260406-82-defend544" type="age" value="32"/> </persName> was indicted for a
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<interp inst="t18260406-82-off438" type="offenceCategory" value="theft"/>
<interp inst="t18260406-82-off438" type="offenceSubcategory" value="burglary"/> burglary in the dwelling-house of
<persName id="t18260406-82-victim545" type="victimName"> Francis Hammond
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<interp inst="t18260406-82-victim545" type="given" value="Francis"/>
<interp inst="t18260406-82-victim545" type="gender" value="male"/> </persName> , on the night of the
<rs id="t18260406-82-cd439" type="crimeDate">6th of April</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t18260406-82-off438 t18260406-82-cd439"/>, and stealing 80 pairs of stays, value 25l., his property; 1 veil, value 50s., and a handkerchief, value 3s. </rs>, the goods of
<persName id="t18260406-82-victim546" type="victimName"> Mary Bean
<interp inst="t18260406-82-victim546" type="surname" value="Bean"/>
<interp inst="t18260406-82-victim546" type="given" value="Mary"/>
<interp inst="t18260406-82-victim546" type="gender" value="female"/> </persName> , spinster.</p>
<p>MR. ADOLPHUS conducted the prosecution.</p>
<rs id="t18260406-82-viclabel440" type="occupation">stay-maker</rs>
<join result="persNameOccupation" targOrder="Y" targets="t18260406-82-victim545 t18260406-82-viclabel440"/>, and have a shop in
<placeName id="t18260406-82-crimeloc441">Oxford-street</placeName>
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<join result="offencePlace" targOrder="Y" targets="t18260406-82-off438 t18260406-82-crimeloc441"/>, but live in Leicester-square - I only rent the shop - nobody sleeps there. I locked the premises up safely between half-past nine and ten at night, on the 6th of April, and left every thing safe; at seven o'clock next morning, a bag was produced to me containing seventy-eight pairs of stairs, which are mine, and worth 25l. or 30l., and some other property of Miss Bean's, my shop-woman; no force had been used to the door - I left it locked.</p>
<persName id="t18260406-82-person547"> HUGH WYNN
<interp inst="t18260406-82-person547" type="surname" value="WYNN"/>
<interp inst="t18260406-82-person547" type="given" value="HUGH"/>
<interp inst="t18260406-82-person547" type="gender" value="male"/> </persName> . I am waterman of the coach-stand in Oxford-street, at the corner of Argyle-street, opposite the prosecutor's shop. On Friday morning, the 7th of April, at half-past three o'clock, I saw the prisoner there, and watched him for three-quarters of an hour, walking first on one side, and then on the other, looking at Hammond's shop; I saw him look in at the key-hole twice, as he went by, and give a kind of cough - a waggon went by the last time that he gave the cough; I immediately went and informed a watchman - a watchman came up, crossed Oxford-street, and look him into custody, just as he was coming away from the door - about three yards from the door. I saw no person come out of the house, but saw a person running away on the other side of the way; the watchman called Stop thief! but he got away; I found a bunch of keys and a bag, like a clothes bag, on the step of a door, on the opposite side, a good distance from the house, near Queen-street, and delivered it to the watchman - the keys were under the bag - the prisoner could not have dropped that bag.</p>
<p>Cross-examined by Mr. PHILLIPS. Q. You observed him walking about for three-quarters of an hour? A. Yes; he went to the door and looked through the key-hole - a coachman directed my attention to him - I did not see any one with him - he put his head down to the door and coughed - he walked on one side of the way, and then on another - the bag was found in the direction the other man ran.</p>
<p>Mr. ADOLPHUS. Q. How often do you think he passed the prosecutor's door? A. I suppose twenty times; he did not look through any other key-hole, nor cough, except at this door - it was a kind of short cough, as if for a signal - I cannot find out the coachman.</p>
<persName id="t18260406-82-person548"> JAMES BAIN
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<interp inst="t18260406-82-person548" type="given" value="JAMES"/>
<interp inst="t18260406-82-person548" type="gender" value="male"/> </persName> . I am a watchman of St. James. Wyan called my attention to the prisoner. I noticed him for about five minutes, during which time he went to Hammond's door three times, and stooped down; I was too far off to say whether he made any noise the third time - as he came from the door I collared him within three yards of the door, and two men immediately sprung out of the shop door; when he saw them spring out, he immediately said</p>
<p>"I have nothing to do with them;" one man went down Argyle-street, and the other ran across by Queen-street; I saw him drop the skeleton keys and bag - the prisoner said nothing more to me.</p>
<p>Cross-examined. Q. You did not see him go into the shop? A. No; I could not hear him cough; I was about three yards off when the men rushed out - nobody else was there; his back was towards the door - one of them rushed by him but he could not see them come out.</p>
<p>Mr. ADOLPHUS. Q. How far was you from him when he went to the door three times? A. Not near enough to hear if he had coughed; I was the width of the street from him - but the third time I was making towards him- within three yards of him - one of the keys opened the shop door - it was quite newly filed; I saw the property found behind the shop door.</p>
<persName id="t18260406-82-person549"> EDWARD TURNER
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<interp inst="t18260406-82-person549" type="given" value="EDWARD"/>
<interp inst="t18260406-82-person549" type="gender" value="male"/> </persName> . I am a constable. The prisoner was brought to the watch-house with seventy-eight pairs of stays and other property; I asked his name - he was a long time before he would tell, but at last said "Freeman;" I asked his address three or four times - he made a terrible stammering, and, at last, said</p>
<p>"No. 21. Grub-street, Moorfields." Nothing was found on him relative to this charge.</p>
<persName id="t18260406-82-person550"> ELEANOR DEVINE
<interp inst="t18260406-82-person550" type="surname" value="DEVINE"/>
<interp inst="t18260406-82-person550" type="given" value="ELEANOR"/>
<interp inst="t18260406-82-person550" type="gender" value="female"/> </persName> . My mother keeps the house No. 21, Grub-street - we have lived there four or five years - she has lodgers - the prisoner never lodged there - on the 7th of April or at any other time.</p>
<p>Cross-examined. Q. How many lodgers have you ever had at once? A. Seven; we live in the next house; there might be persons lodge there for a short time, and I not see them, but I know all their names - I receive the rents sometimes; I can swear the prisoner has not lodged there for the last two or three years.</p>
<persName id="t18260406-82-person551"> WILLIAM DUYAL
<interp inst="t18260406-82-person551" type="surname" value="DUYAL"/>
<interp inst="t18260406-82-person551" type="given" value="WILLIAM"/>
<interp inst="t18260406-82-person551" type="gender" value="male"/> </persName> . I lodge at No. 21, Grub-street. I
<xptr type="pageFacsimile" doc="182604060046"/>have the shop and all the lower part of the house; I know all the lodgers - I have been there three years - the prisoner never lodged there.</p>
<p>Cross-examined. Q. Cannot people lodge there without your knowing them? A. No; it is impossible - they have to pass through where I work - I know all their names.</p>
<p>(Property produced and sworn to.)</p>
<p>Prisoner's Defence. I had been out drinking with a friend late, and was locked out, so I walked down Moorfields into Cheapside, and up to Oxford-street, and was coming by this house when the watchman laid hold of me.</p>
<persName id="t18260406-82-person552"> HUGH WYNN
<interp inst="t18260406-82-person552" type="surname" value="WYNN"/>
<interp inst="t18260406-82-person552" type="given" value="HUGH"/>
<interp inst="t18260406-82-person552" type="gender" value="male"/> </persName> . I was within six yards of him when he coughed - it was twenty minutes before the watchman came up.</p>
<p>GUILTY. Aged 32.</p>
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<interp inst="t18260406-82-verdict442" type="verdictSubcategory" value="lesserOffence"/> stealing only </rs>.</p>
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<join result="defendantPunishment" targOrder="Y" targets="t18260406-82-defend544 t18260406-82-punish443"/> Transported for Seven Years </rs>.</p> </div1></div0>

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