<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<persName id="t18280529-11-defend138" type="defendantName"> STEPHEN WELCH
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<interp inst="t18280529-11-defend138" type="age" value="45"/> </persName> was indicted for
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<interp inst="t18280529-11-off53" type="offenceSubcategory" value="stealingFromMaster"/> stealing, on the
<rs id="t18280529-11-cd54" type="crimeDate">8th of May</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t18280529-11-off53 t18280529-11-cd54"/>, 11 ozs. of cochineal, value 8s., the goods of
<persName id="t18280529-11-victim139" type="victimName"> Henry Kirk
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<join result="offenceVictim" targOrder="Y" targets="t18280529-11-off53 t18280529-11-victim139"/> </persName> and another, his masters </rs>.</p>
<p>HENRY KIRK. I am in partnership with
<persName id="t18280529-11-person140"> Richard Knight
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<interp inst="t18280529-11-person140" type="given" value="Richard"/>
<interp inst="t18280529-11-person140" type="gender" value="male"/> </persName> . The prisoner has been about twelve months in our employ, and had a guinea a week; this cochineal is usually kept on the first floor; we do not sell less than about 1 cwt. On the 8th of May, about eleven o'clock in the morning, Cavanagh, our porter, who resides on the premises, gave me information; I went to the second floor, and found 11 ozs. of cochineal, concealed by the side of an old fender by the fire place; a quantity of brown paper was put over it; it was taken from a bag down stairs, but was too small a quantity to be missed. I determined to watch, and went on 'Change, desiring that no person should be allowed to leave the premises; I returned from 'Change, and found it in the same place; I placed myself in the inner counting-house, which leads to a back stair-case, and about six o'clock, when the men were leaving work, I placed the counting-house door a little ajar, and heard the prisoner creeping up stairs; I opened the door, and saw him - I ran round through the first counting-house, and told Cavanagh to stop whoever came down; I then ran up, and found the cochineal was gone, but a little canvas bag, in which it was concealed, was put aside, and the brown paper strewed about; I came down stairs, and found the prisoner had been stopped; I accused him of having the property on his person - he called God to witness that he had not got it; I felt his pocket, and found he had got it - I put my hand in, and produced it before him - he did not then deny it; it is worth about 8s. I sent one of my clerks for a sheet of paper, to put the cochineal into. An officer was afterwards fetched, and took him in charge. I only took 9 ozs. from him; two more ounces were afterwards found by the officer.</p>
<p>Cross-examined by MR. CLARKSON. Q. How many persons were in your employ? A. Two clerks and four porters; the porters had all been about eighteen months with me, and Cavanagh has been there nearly twenty years - the prisoner has been about twelve months in the concern, and was in my brother's employ about fourteen years: I believe he has a wife and five children; the men work without their coats; I do not myself know where his coat hung - everybody who was on the premises when this took place, is here to night, except the senior clerk - two of the porters had left.</p>
<p>Q. I thought you had given orders that nobody should leave? A. That was in the morning, before I went to 'Change; they were there when I returned from 'Change, and left afterwards, with my permission, at the usual time - the prisoner denied all knowledge of it till I produced the cochineal in my hand.</p>
<p>Q. On your oath, when you produced it, did he not say it must have been put into his pocket? A. He said nothing of the kind; he told the Lord Mayor his coat had been hanging up; he did not deny it after it was produced: he might have said something in the tone of a guilty man - he was agitated, and I thought he would have fallen.</p>
<p>Q. When you produced it, do you mean to say he did not deny knowing how it came there? A. He did not.</p>
<persName id="t18280529-11-person141"> JAMES SEWARD FIELD
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<interp inst="t18280529-11-person141" type="gender" value="male"/> </persName> . I am clerk to Mr. Kirk. I took some cochineal from the prisoner's pocket, in Mr. Kirk's presence; he did not say how he came by it till after the officer had searched his lodging; I then heard him say the devil had tempted him at the moment; this
<xptr type="pageFacsimile" doc="182805290007"/>was after the officer had found 2 ozs. more in his pocket - the cochineal I took from him weighed 9 ozs.</p>
<p>Q. Had your master discovered it before you took it from him? A. Yes, he called me for the purpose of taking it from his pocket; I knew nothing of it before he was stopped.</p>
<p>Cross-examined. Q. Was your master present, and did he hear him say the devil tempted him? A. Yes - it might not have occurred to his recollection to mention it - I went before the Grand Jury, but they said there was no occasion to examine me - I was not called till after Mr. Kirk had seen it in his pocket, and I emptied it out; he did not say he did not know how it came there; I do not exactly know where his coat had hung - he used to hang it in the second floor room; if any man was wickedly disposed he might have put it into his pocket.</p>
<persName id="t18280529-11-person142"> BRYAN CAVANAGH
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<interp inst="t18280529-11-person142" type="gender" value="male"/> </persName> . I have been many years in the prosecutors' service. On the 8th of May, about eleven o'clock in the morning, I found this cochineal between the fender and the edge of the fire-place, in a canvass bag, under some brown paper - I placed it there again, and told Mr. Kirk, who came and looked at it; I live in the house. I was on the watch about six o'clock, when the men left work, and saw the prisoner come into the back warehouse, to brush his clothes; two other men did the same - the two men went with me and shut up the warehouse - I then told them they might go; I did not see the prisoner again till he came down to go out - Mr. Kirk said he wanted him - I told him so, and he said, "What does he want with me? I saw him a few minutes ago;" I said, "Perhaps he wants you to go to the dyers;" Mr. Kirk came down, and said, What is that you have in your basket?" he said, "Nothing at all;" then said Mr. Kirk, "You must have something about your person;" he said he had nothing at all; I told Mr. Kirk he had better search him, if he had any doubt; Mr. Kirk put his hand on his right-hand coat pocket, and asked what was there; I cannot exactly say what answer he gave, but Mr. Kirk pulled out some cochineal, and sent Field for some clean paper to put it on - 9 ozs. were found; I went with him and the constable, and saw 2 ozs. more found in the same pocket - he said the devil tempted him to do it, and it was the first act he had done.</p>
<p>Cross-examined. Q. Did you tell the Magistrate that he said so? A. I do not know; I answered what questions were put to me; I do not think I did mention it - I have heard Field state it here, and I also heard the prisoner say it - my master serve dyers with goods. I never myself knew the prisoner to be in Mr. Russel Kirk's employ; his coat hung in the room where the cochineal was found; there were books in the kitchen on purpose for the coats, but he hung his in that place - he was asked what he meant to do with the cochineal, and would not give an answer. I never heard him say he did not know it was in his pocket.</p>
<persName id="t18280529-11-person143"> JOSIAH EVANS
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<interp inst="t18280529-11-person143" type="gender" value="male"/> </persName> . I am a constable, and was sent for: 9 ozs. of cochineal were given to me, which they said were found on the prisoner; I searched him afterwards, and found 2 ozs. more in his coat pocket; he did not say it had been placed there by anybody else.</p>
<p>Cross-examined. Q. You heard nothing about the devil, did you? A. I cannot recollect it, but will not say he never said so.</p>
<p>Prisoner's Defence. When I went to the warehouse I drove a nail for my hat and coat, and always hung it on that nail; I do not know who put the cochineal into my pocket.</p>
<rs id="t18280529-11-verdict55" type="verdictDescription">
<interp inst="t18280529-11-verdict55" type="verdictCategory" value="guilty"/> GUILTY </rs>. Aged 45.</p>
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<join result="defendantPunishment" targOrder="Y" targets="t18280529-11-defend138 t18280529-11-punish56"/> Transported for Seven Years </rs>.</p> </div1></div0>

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