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<p>Before Mr. Justice Holroyd.</p>
<p>1094.
<persName id="t18280529-18-defend190" type="defendantName"> THOMAS MADDOCKS
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<interp inst="t18280529-18-defend190" type="age" value="17"/> </persName> was indicted for
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<interp inst="t18280529-18-off100" type="offenceCategory" value="theft"/>
<interp inst="t18280529-18-off100" type="offenceSubcategory" value="theftFromPlace"/> stealing, on the
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<placeName id="t18280529-18-crimeloc102">St. George, Hanover-square</placeName>
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<join result="offencePlace" targOrder="Y" targets="t18280529-18-off100 t18280529-18-crimeloc102"/>, 1 harp, value 50l., the goods of
<persName id="t18280529-18-victim191" type="victimName"> James Delveau
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<join result="offenceVictim" targOrder="Y" targets="t18280529-18-off100 t18280529-18-victim191"/> </persName> , in his dwelling-house </rs>.</p>
<p>MR. CLARKSON conducted the prosecution.</p>
<p>JAMES DELVEAU. I live at No.28,
<placeName id="t18280529-18-crimeloc103">Conduit-street</placeName>
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<join result="offencePlace" targOrder="Y" targets="t18280529-18-off100 t18280529-18-crimeloc103"/>, in the parish of St. George, Hanover-square. I left my house about seven o'clock in the evening of the 8th of May, leaving my harp quite safe in the first floor front room; I returned about eleven o'clock the same evening, and missed it. The prisoner was in the employ of Jennings, my gilder, and very often came to and fro to my house;
<persName id="t18280529-18-person192"> Elizabeth Davis
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<interp inst="t18280529-18-person192" type="given" value="Elizabeth"/>
<interp inst="t18280529-18-person192" type="gender" value="female"/> </persName> is servant to the people who lodge on the ground floor of the house.</p>
<p>Q. Do you occupy the house? A. The house belongs to some orphan children, of whose father I am executor - I have lived there five years; it was let out before I became executor; the rents are paid to Mr. Dawson, the house-agent; the taxes are paid to the agent appointed by the Court of Chancery; I received the rent before the agent was appointed.</p>
<p>Q. Did the deceased person ever live in the house? - A. Yes, but he did not die there; he died in the country- I lived there long before he died, as a lodger. I must account for the rent for the lodgings to the Court of Chancery; the deceased's name was John George Boehu; I
<xptr type="pageFacsimile" doc="182805290013"/>have paid no rent since his death. I occupy the first floor- the persons on the ground floor pay rent to us as executors; we are accountable to the receiver for the rent of the whole house; the other executors do not live in the house, nor do the orphans - they are at school; my occupation of the first floor is entirely distinct from the other lodgers.</p>
<p>COURT. Q. There are nobody but lodgers in the house besides yourself? A. No; we used to carry on business with the people below, for the children; but the partnership has been dissolved by the Court of Chancery; there has been no change whatever in the occupation since the testator's death. The harp was in my own room, on the first floor; I found it on the Sunday following, in the possession of Twigg, at a house in Rose-street, Long-acre - it was worth fifty guineas, and was my property; fifty guineas is a moderate value.</p>
<p>ELIZABETH DAVIS. I was in the service of Mr. Smoat, who lives on the ground floor of the premises occupied by Mr. Delveau, in Conduit-street. On the 8th of May, about seven o'clock in the evening, or a few minutes afterwards, the prisoner came to the house - I let him in; he asked me if Mr. Delveau was at home; I told him I did not know - I had frequently seen him at Mr. Delveau's before, and I told him he had better go up stairs and see; he went up; I went down stairs, and saw no more of him - I was at home all the evening, and am certain nobody else called for Mr. Delveau.</p>
<p>MR. DELVEAU. I never gave the prisoner authority to take the harp to be gilded, or for any purpose; it had been gilded about two months before; no part of the house is occupied by the other executor; neither he nor the children used any part of it.</p>
<p>
<persName id="t18280529-18-person193"> THOMAS TWIGG
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<interp inst="t18280529-18-person193" type="gender" value="male"/> </persName> . I live at No. 10, Rose-street, Longacre, and also rent the house No. 9, but let that out in lodgings. On the 8th of May I was going home about eight o'clock in the evening, and saw a person taking down the parlour window shutters of No.9; I do not know who he was - it was not the prisoner; I saw a harp there; I put some questions to the person, and in consequence of what he said I refused to deliver it up to him; it stood in parlour of No. 9; he did not rent the room.</p>
<p>
<persName id="t18280529-18-person194"> WILLIAM HENRY JENNINGS
<interp inst="t18280529-18-person194" type="surname" value="HENRY JENNINGS"/>
<interp inst="t18280529-18-person194" type="given" value="WILLIAM"/>
<interp inst="t18280529-18-person194" type="gender" value="male"/> </persName> . I am a gilder, and live in Berwick-street, Soho. The prisoner was my
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<join result="persNameOccupation" targOrder="Y" targets="t18280529-18-defend190 t18280529-18-deflabel104"/> in May; the prosecutor was a customer of mine, and I was in the habit of sending the prisoner to his house very often. On Sunday, the 4th of May, he left my house as usual - I did not see him again till he was in custody; he had no authority from me to fetch Mr. Delveau's harp, on the 8th of May, or at any time; he had been three years with me; I believed him to be honest.</p>
<p>
<persName id="t18280529-18-person195"> GEORGE AVIS
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<interp inst="t18280529-18-person195" type="gender" value="male"/> </persName> . I am an officer. I went to Tothillfields prison on Sunday, the 11th of May, in company with the prisoner's mother; I had some conversation with the prisoner - I had used no inducement or threat to him - on the contrary, I cautioned him; I showed him a printed bill, offering a reward for the recovery of the harp; he said he did not wish any more of those bills to be distributed, nor yet to put the gentleman, or his master, to any expense - his mother said nothing to induce him to confess- I have one of the bills here; he said, "I am the person who took the harp, and I will tell you where you can find it - it is at Rose-street, Long-acre; I asked if he was sure it was there - he said it had been detained there by the landlord, because they could not give a correct account of the number and maker's name, and that it was there still; I directly went to Rose-street, with his mother; Mr. Delveau came there afterwards - I there found the harp now produced; Twigg was there - the prisoner did not mention the number of the house, but described it as well as he could: I went to No. 10, near a gateway, where Twigg resides; I waited till he came home - I showed him the bill; he said he had got the harp, and showed it to me in the parlour of No. 9; Delveau claimed it; he mentioned the number of it before he saw it - it has been in my possession ever since, and is here. The prisoner was detained on the charge.</p>
<p>MR. DELVEAU. I know the harp to be mine, by the number and maker's name; it is engraved on a brass plate.</p>
<p>ELIZABETH DAVIS re-examined. I had not been in Mr. Delveau's room from the time he went out till he returned, nor had any one else, to my knowledge; the harp was not missed till he came home.</p>
<p>Prisoner. I throw myself on the mercy of the Court.</p>
<p>Three witnesses gave the prisoner a good character.</p>
<p>
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<join result="defendantPunishment" targOrder="Y" targets="t18280529-18-defend190 t18280529-18-punish106"/> DEATH </rs>. Aged 17.</p>
<p>Recommended to Mercy by the Jury and Prosecutor, on account of his character.</p> </div1></div0>
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