The Proceedings of the Old Bailey

 

101.   WILLIAM CARTER BAXTER was indicted for stealing, on the 1st of November, at   St. Luke, 1 watch, value 10l., the goods of   John Phillips, his master, in his dwelling-house.

  JOHN PHILLIPS . I am a watch-maker. My shop, at the time in question, was at No. 91, Goswell-street, St. Luke's—it was my dwelling-house—the prisoner was a journeyman in my shop at the time, and had been so about four months. On the 1st of November, I was confined to my bed—the prisoner came up to me with a gold flat watch, with a silver dial, worth about 10l., and asked me whose property it was—I told him it was Messrs. Grimshaw's, of Goswell-street—I had it to repair—he said it had been some time in the shop, and he could not make out whose it was—I missed that watch on Monday, the 3rd of November when Grimshaws sent for it, the prisoner was not present—he was out drinking, and I did not see him till night, when he was in custody, about six o'clock—I gave information, and found the watch in pledge.

  JAMES TRAIL . I am a pawnbroker, living in St. John-street. I produce a watch, pawned on the 1st of November, by the prisoner, in the name of John Carter.

  JOHN PHILLIPS . This is the watch.

Prisoner. Q. Prior to my possessing the watch, were you not terribly put to it for money—was there not the collector of the poor rates and water tax coming? A. Yes; but they agreed to wait till I got better to pay them—the collector took my word, that as soon as I got out of bed I would pay him—having a family of four children, I am obliged to do as well as I can—he had not my permission to pawn the watch.

Prisoner's Defence. From the 28th of October to the 1st of November, I did not attend the prosecutor's employment, for want of work, as myself and two apprentices were playing about; and not wishing to impose on the prosecutor, I kept away—on the 1st of November, being requested by the prosecutor to come to work, I attended, finding him slightly indisposed—he was obliged, next day, to go to bed, and call the doctor—the commencement of the week being devoted to attend to a sick friend, I informed him I could not attend to his work till the following week, which he approved of—he was confined the whole week to his bed—I attended on the Monday, as agreed on—I had two apprentices to instruct—on Monday, the collector of the water rate called and threatened to cut off the water—I appeased him by saying he should be paid when he called again—the collector of the poor rates called for 17s. 6d., and threatened to levy—he called again on Thursday, and I got him to let it stand over till the following day, promising he should be paid—he sent a man next day to levy, if not paid—the prosecutor said something must de done to satisfy the rates, and he did not wish even his wife should be made acquainted with his situation—on Friday, when the poor rate collector called, I was compelled to introduce him to the prosecutor's bed-side, and by our joint supplications, he agreed it should stand over, and that afternoon I suggested to the prosecutor the propriety of pawning a watch for two days to relieve him from his difficulties—he replied, "Baxter, I leave it all to you, pray make use of all exertions to relieve me from such pressing difficulties;" again saying, "I will leave it all to you"—he was much pressed for a new bell to a watch, which could not be got from the maker—these two watches belonged to the same gentleman as the gold watch—he has a wife and four children, and I thought it best to pawn the watch to relieve him from his difficulties, giving him part of the money on Saturday evening.

Prisoner to MR. PHILLIPS. Q. Did I not on the Friday evening give you 10s.? A. After the watch was safe on the Thursday evening, he came up to my bed-room, and he asked me to take a glass of wine—he was very flush of money, and tipsy—I did take a glass of wine with him—it over-came me, and he produced 10s. which he said came from a friend, which I did not doubt, as he had respectable friends—he asked if I was in want of money, and should he leave me a few shillings—I said, "No, not for me; but you are too drunk to take care of your money, leave it with me till morning," and next morning the 10s. was on the mantel-piece.

COURT. Q. Did he suggest to you the propriety of pawning a watch? A. Never; my character was always too high—I never said I would leave it all to him—on the Saturday morning he came again drunk, and produced several sovereigns from his waistcoat pocket with silver and copper—I said, "Leave that money with me, you are too drunk to take care of it"—he left a sovereign, and said, "If you wish for one, I will do it."

Prisoner. I pawned the watch to relieve him from his domestic difficulties—Mrs. Phillips actually used some of this money for domestic purposes—I reserved the rest for my week's wages, and any demand which might

be made in the shop—I told him on Saturday I would give him all the particulars on Monday—I want on Monday, and called up the apprentice—I afterwards met a friend and had a few glasses of liquor—I did not go to work till Tuesday morning; but I called on Monday evening, and understood he was gene to look for me—I went home, and on returning to the shop was taken by an officer—since my confinement he has been distrained on, and his shop is closed—I suppose he was alarmed at my intemperance, and thinking I should not be able to make up the money by the time—had I meant to steal the watch, should I have given him part of money it was pawned for, and should I have called on the Saturday and Monday? it may be a matter of mystery how I could make of £3; but my connexions are respectable, and I should have written to a friend.

GUILTY . Aged 42.— Transported for Life.

Before Mr. Justice Park.