1697. SAMUEL WEATHERSTONE JOHN BURTON and GEORGE WILLIAMS , were indicted for burglariously breaking and entering the dwelling-house of William Tomlin, about the hour of twelve in the night of the 30th of June, at St Anne, Limehouse with intent to steal, and stealing therein, 8 spoons, value 2l. 12s. 3 handkerchief, value 9s., 1 coat, value 1l. 10s.; 1 pair of shoes, value 5s. 2 pairs if spectacles, value 2l.; 1 thimble, value 1s.; 2 fourpenny picecs; and 1 £20 bank-note; his property.

MR. PAHYE conducted the Prosecution

WILLIAM TOMLIN . I am a lighterman and coal-merchant and lives at the Newcastle Coal-wharf, Limehouse-fields, in the parish of St. Anne, Lime-house. On the evening of Friday last I saw the three prisoner and another sitting on a bank, about 100 yards from any house—Weatherstone was pointing towards it which excited my suspicions—I went to bed about a eleven o'clock—I examined my house before I retired and left it all bed alls safe—I was called up about three o'clock and found my desk laying on the wharf, broken open—there were several papers, a £20 bank-note and two fourpenny pieces gone from it—I had bored one of the fourpenny pieces with a drill which I have in my pocket—I tried to get it on a ring, and cut it a god deal in trying to get it on—I had the desk in my sitting room when I went bed—I looked about the house, and missed my coat two silver table-spoons, five tea-spoons, one mustard-spoon, and a silk handkerchief—I examined the house, and found two chisels with the desk—I compared one of them with the marks on the desk, and it fitted the marks—the kitchen-window was broken open—I compared a knife which I found in the garden with the window—the putty was dug away with the knife, and the glass was taken out sufficient to put a hand in and unfastern the catch—it was near the catch—the whole pane was not taken out—they had got a hand over the shutter, and opened it by lifting up the out—they seen the property and know it to the mine—I mine to bed, again, and in about an hour my called me—I got up and looked, and saw Williamson

and Burton going across the field opposite my house, from my house—I am satisfied they were the two men I had seen the night before—I gave them chase, and caught them 400 or yards from my house—I pointed them out to a policeman and saw him take them both—they were brought back to me.

Cross-examined by MR. BALLANTINE. Q. What time did you first see these three boys? A. About eight o'clock of Friday right—Weathersstone was sittings on the ground, and I could see face—I do not know whether the others were sitting or standing—one was lame, which I suppose to be Burton—I recognised him as he rolled down on the grass—I was nearly an hour observing him as he rolled down on the grass—I pointing was going on all that hour—I called others to look at them at them, and said if my house was broken open, they would he the people to do it"—I had never seen Weatherstone before, to my knowledge—I was on the wharf, in full sight of them—they saw me—I do not think they was me point them out to my friends, because we sheltered ourselves behind the trees then—I saw Weatherstone again on the Monday morning at Lambeth-street—I saw Weatherstone again on the Monday morning at had any doubt—I was always positive of him—I never said any things the contrary—I do not mean to say the fourpenny piece is mine, but I had one like, like it and I searched it a great deal.

THOMAS ENSUM . I am a policeman,. I was on duty Salmon-lane, Limehouse, on Friday night last—Mr. Tomlin told me something, and I saw Williamson and Burton at the end of Salmon-lane, several hundred yards from Mr. Tomlin's house—another officer was with me—I took Williamson, searched him, and found these two pairs of spectacles and a silver thimble on him—he was afterwards at the station-house, and I found this coat concealed under his own clothes.

EDWARD DRURY . I am a policeman, I was with Ensum, and secured Burton—I felt something hard when I caught hold of his arm, and asked him what he had got—he said "Nothing," but I found one table-spoon in each sleeve—I searched him again at the station-house, and found three silk handkerchiefs concealed between his skin and his shirt; and he had these shoes on, which were identified by Mr. Tomlin.

CHARLES COTTRELL . I am turncock of the East London Waterworks Company, and live at Ratcliffe. On Friday evening. between six and seven o'clock. I saw the three prisoners. with another, in Salmon-lane,. going towards Limehouse—I knew them by sight and have no doubt of them—the prisoners are these of them. I am certain,

Cross-examined. Q. Where were you? A. In the execution on my duty in the lane—I knew them all three before—I watched them for twenty or thirty yards, and them went about my business—they were going from me.

JAMES PRCKHAM . I am a brickmaker, and live in May's s-place, Eastfield-street, Limehouse. Last Saturday morning, from twenty minutes to half-past four o'clock, I turned the three prisoners and one more out of the straw in the brick field, six or seven hundred yards from the prosecutor's house—I told, them, if I found them there again, I would charge the policeman with them.

Cross-examined. Q. Are you quite sure of them? A. Yes—I never saw them before—I did not see them five minutes—they were all fast asleep in the straw.

GEORGE NEWSUM . I am a labourer, and live at Stevens-cottage, Bowcommon.

I was in the field, near Salmon-lane, on Saturday morning, a little after four o'clock, and saw the three prisoners with one more—Peckham came into the field five or ten minutes after me—I have not a doubt of their being the men.

GEORGE MURRAY . I am a policeman, I found Burton and Williamson at the station-house—I took weatherstone into custody, standing nearly opposite Lambeth-street, Office—I went after him because I knew he was an associate of the other prisoners—as soon as he saw me call a policeman to come to my assistance, he turned round and ran away—I pursued, and he was stopped in Red Lion-street, Whitechapel—I searched him. and found 14s. in his pocket and a fourpenny-piece, tied with a scarlet ribbon, round his neck—I asked him where he got that money—he got that money—he said he got it by making bird cages—I asked him where he got the fourpenny-piece—he said his sister had had it three or four months—I told him of the robbery—he said he knew nothing at all about it, for he was in bed from between nine and ten o'clock at night till half-past seven o'clock in the morning.

MR. TOMLIN re-examined. These are my spoons, also the handkerchief, coat, and shoes—I believe the fourpenny-piece to be mine—here is the drill I bored it with—it was quite daylight when I was alarmed.




Of breaking and entering, but not burglariously

Transported for Life.

Before Mr. Sergeant Arabin.

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