1st February 1836
Reference Numbert18360201-504
VerdictGuilty > lesser offence

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504. PETER CHILDERSTONE, alias George Dunn , was indicted , for feloniously breaking, and entering the dwelling-house of Michael Barne, Esq. at St. George's, Hanover-square, and stealing therein, I Clock value 16l.; 1 tea-cady, value 3l.; 3 counterpanes, value 3l.; 2 coats, value 4l.; I sofa-cover, value 10s.; I tea-canister, value 10s.; and 1 waistcoat, value 10s.; his goods.

MARY WARDEN . I am a window, I have charge of Colonel Michael Barne's house, No, 37, Lower Grosvenor-street, I took charge of it on the 20th of July, when the family went out of town—I never had the care of the house before—I perceived nothing wrong for a good while—I lived in the house form the 20th of July, and on the 24th of November, I lost a clock, off the bracket in the hall, a tea-caddy form the dining-room, a tin canister form the library, some livery form the attic, and three counterpanes—I missed them all that day, at twenty minutes after four o'clock—I saw the counterpanes before the rubbery, on the afternoon of 24th of November, and I missed them after nine o'clock in the evening of the next day, when the robbery was found out—I saw the counterpanes again last Wednesday week, at Marlborough-street, in the custody of Schofield the

officer none of the things were locked up in the house—no door or cuphoard, or any fastening of the house was broken—a box was broken.

WILLIAM HARPER . I am a broker. I know the prisoner—he came on the 24th of November to my premises with another man, who I should know by sight—he went by the name of George Hooker—the prisoner brought the clock for sale—he said it was his own property, without my asking him the question—the other man brought the tea-caddy—the prisoner said he wanted to dispose of both the articles, and that they were both his property—they brought them between eight and nine o'clock in the evening, as near as I can recollect—I bought them of the prisoner—he asked 6l. for the two, and I gave him 4l.—I had them in my possession nearly a fortnight—I took the clock to Mr. Dwerrihouse, to be repaired, and when I sent for it, in about a week, it was claimed as Colonel Barne's—I took it to Colonel Barne's house, and left it there—I had disposed of the teacaddy to Thomas Such, and Colonel Barnes got it next morning—I took Back the clock about three weeks after I bought it of the prisoner—I am sure he is the man who sold it to me—I had seen him twice before—he promised to bring me the winder next morning, but did not.

Cross-examined by MR. PHILLIPS. Q. How long have you been in business? A. Four Years; I thought 4l. a very fair sum for them, in their present condition—it cost me nearly a sovereign to repair the clock—I should consider 4l. too much for the clock alone, in its present condition—I should think 3l. 3s. a very fair price in the state it was in—the other man took no part in the sale—I bought them of the prisoner,

COURT Q. Is Such here? A. No; he was not desired to attend—I know him very well—he is a master carpenter and undertaker, and lives in Bowling-street, Cornhill.

JOHN GIBLING . I am a policeman. I was sent in search of the prisoner, and form him on the 6th of January, at the corner of Bear-street, Leicester-square at three o'clock in the morning, stealing against a public-house door, with a lot of other people—I took him to St. James's station-house—I told him I had orders form the Magistrate at Marlborough-street, to take him, when I found him, on a charge of felony—he said he had done nothing—next morning, one of our men was bringing him to the office, and I met them—I said to him, "George, I suppose you know what you are going there now for," he said, "Yes, and so do you, for that clock, and tea-caddy I sold for 4l. "—I told him yes it was—he said he sold it for 4l. to Mr. Harper, in Gray's-inn-lane—I said yes it was so—he said I thought I should get into a row about that at last,

BENJAMIN SCHOFIELD , I am a constable of Marlborough-street office I know Thomas Such, a carpenter and undertaker—he lives at No, 29. Bowling-street, Clerkenwell—I got this tea-caddy form Mrs. Such, and have had it ever since—I received a clock the same day (Thursday, the 10th of December) form Colonel Barne's house, form Mr. Ambler—I saw the prisoner at Marlborough-street office on Wednesday, the 6th of January—I did not know him before—asked him where he got the caddy and clock form, the he sold at Harper's, in Gray's-inn-lane—he said he was in a gin-shop one night in Cromer-street, about nine o'clock, in company with Ned Hooker, and a man came in and offered them a sovereign to sell it, which they did for 4l., and they had a sovereign for the job—on the 27th of January I went to Mr. Gill's, in consequence of information, and got the counterpanes and a sofa-cover, which I have had ever since.

Cross-examined. Q. He never concealed where he sold them, nor who was with him? A. No,

WILLIAM HARPER re-examined, That is the clock I bought, and took to Colonel Barne's.

JAMES GILL , I know the prisoner—he has pawned articles with me—he brought these counterpanes and a sofa-cover to my shop to pawn, and I stopped them, on the 25th of November—he said he was sent by his father to pawn them—I refused to take them, and he left them with me—I afterwards gave them to the officer,

WILLIAM AMBER . I am butler to Col. Barne, This tea-caddy is his property—it was in the house when I left town, on the 22nd of July—the clock also belongs to him, and was in the house when I left—I have examined the marks on the counterpanes, and they belong to the Colonel—the witness was left in charge of the house—she wrote to Colonel Barne on the 25th of November giving information, and he sent me to town on the 26th, form Suffolk—the clock is worth 14l., and the caddy 2l.

MARY WARDEN re-examined. I have examined the counterpanes—they are what were in the house—and the clock and caddy, which I missed on the 24th of November.

Cross-examined. Q. Do you know the prisoner? A. No; I never saw him till he was at the office—none of the drawers were locked where the counterpanes were—I was not alone in the house that day—a woman named Atkinson was with me—she slept in the house on the 23rd of November—she used to hold a situation in the Bazaar—nobody else was in the house to my knowledge—on the 23rd a young man named Goodwin called, but he only staid a few minutes—there was no man in the house on the 23rd or 24th—on man slept there—on my nobody but myself and Mrs. Atkinson slept in the house that night—there was no man in the house on the 24th—I never said there was.

Q. Did you ever say, among some friends who called to see you, that there was a man and woman who staidthere, and were allowed to sleep? A. Not on the 23rd—it was before that—the man's name was Morris, he called to see me out of friendship, and formed an acquaintance with Mrs. Atkinson, which I did not allow—I disapproved of it—Morris slept in the house—that was three weeks before the robbery—he first called din October—he came three times in October—he only slept there one night—he was speaking to Mrs. Atkinson—I did not think he would take the liberty to sleep there—he did sleep there, but not with my consent—I did not know it—I found it out afterwards—I knew he slept there—he slept in the attic—Mrs. Atkinson slept in the same room—Mrs. Atkinson did not quit the house afterwards—I allowed her to stay there after that—she used to go out occasionally in the day-time.

Q. As you never saw the prisoner in the house, and as the house was not broken open, what was there to prevent Mrs. Atkinson, at various times, taking the property and giving it to people? A. she did not; for on the afternoon the property was taken I went out and Mrs. Atkinson with me—I do not know where she is now—I knew her twelve month—she slept in the house nine weeks with me—she was an acquaintance, and through distress I allowed her to sleep, not thinking she was a bad disposed woman, or I would not have allowed it—she remained in the house as long as I did—she said had no place to go to, and I did not know she was a had woman—I knew she slept with Morris the night he stopped there—she was not in health then—she went out—I acknowledge myself very

much in fault for letting her stop there after that, but she was in want, and my heart was kind to assist her a little—she was no friend, but an acquaintance, who has injured me very much—I do not know where she lives now—I have not seen her for three weeks—I have not inquired after her—she went out with me, and I left the property in the house at that time—the drawers were left unlocked—we went out at half-past four o'clock on the 24th, and returned at nine o'clock, or a little after—I found the door locked, as I had left it—I believe the house must have been entered with a key—the lock of the door was not at all hurt—Morris called once after sleeping there.

COURT. Q. You mean to say you left all the things safe 24th, and all were gone when you came back? A. Yes; Mrs. Atkinson is a single woman, and is fifty years old—she is not married, to my knowledge—she passes as a single woman.

MR. PHILLIPS. Q. Why tell my Lord that you missed some of the preperty at twenty minutes past four o'clock? A. I said that property was all there at twenty minutes past four o'clock,

Prisoner's Defence, The things were given to me, as I said, to sell at a public-house—I sold the caddy and clock for 4l., next morning the same man gave me the counterpanes, and things.

JURY to MRS. WARDEN. Q. Was the key of the house in your possession at the time you were out? A. Yes; I had it in my pocket—I always kept it in my pocket—there is no second key to go out of doors with—there is only one key to the door—there is a large key inside, but the large key was in the door when I went out, and when I came back—there are two locks on the door—it is not called a latch-key.

(James Paul, omnibus-driver, Paddington; John Wingate, carpenter, Warren-street, Fitzroy-square; and James Beazly, tailor, Adam-street, East, gave the prisoner a good character.)

GUILTY of stealing above the value of 5l., but not of breaking and entering,— Transported for Life,

First Jury, before Mr. Recorder.

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