23rd November 1835
Reference Numbert18351123-3
VerdictGuilty > with recommendation

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3. THOMAS FISHER was indicted for stealing on the 19th of November at St. Matthew, Bethnal-green, Middlesex, 1 bag, vlue 1d. 1 half sovereign; 1 shilling and the sum of 3 d. in copper monies; the goods and monies of Walter Thomas Emm, in the dwelling house of John Emm, and afterwards about the of six in the nitht of the same day, burglariously breaking out of the same dwelling house.

WALTER THOMAS EMM . I am the son of John Emm, who lives at No. 14, Minerva-street Hackney-road, in the parish of St. Matthew, Bethnal-green. He rents the whole housee, and is a ladies' shoemaker—the prisoners was apprenticed to my father on the 28th of January last, and was eleven years old last May—he slept in the same room with me and my brother—my brother is a ladies' shoemaker—the prisoner had a separate bed—on the night of Thursday, the 19th of November, I went to bed at half past the pillow—I had a green silk bag in the pocket, containing half-a-sovereign, a shilling, two penny pieces, and three half pence, I awoke inthe morning about twenty minutes to seven o'clock—It was not quite light k—the prisoner was not in bed—I went down stairs to look after, him, and found the street door ajar, and he was gone—he had no business out of the house—I went up stairs to look for my trowsers—I found them in the middle of the floor, and on looking at the pocket, missed my bag and money—my brother was then in bed—I saw the bag last Friday, and half a sovereign and three halfpence in it—I did not find my property myself.

JOHN EMM, SEN . I am master of the house.—The prisoner was my apprentice—I was the last person up in the house; and at half past eleven o'clock I looked at the shutters and doors, and saw it all fast, and went to bed.

JOHN EMM, JEN . I did not sleep with my brother—It was my other brother—after hearing of this I went to look for the prisoner at twenty minutes to seven o'clock—It was not then light—I went and found him by church railing, in the high road—I found on him to half sovereign in a bag, and three halfpence loose in his pocket.

WALTER THOMAS EMM re-examined. (had a duplicate of a silver watch in my bag also—It belongs to my brother, the last witness.

JOHN EMM, JUN , re-examined. I took the prisoner to the station-house—I neither threatened or made him any promise—I asked him what he had doen with the duplicate of the watch—he told me that he had had the duplicate but he had torn it up, and thrown it down by a new beer shop facing the Episcopal Jews' chapel—I afterwards went there, and found the pieces of the duplicate.

HENRY DELLER . I am a policeman. I have a silk bag which was given to me by the last witness—It contained half-a-sovereign, two penny pieces, and three halfpence; and he gave me some pieces of a duplicate

WALTER THOMAS EMM re-examined. I know this bag—I quite sure it is mine.

JOHN EMM, JUN . These are the pieces of the duplicate of my watch.

GUILTY — DEATH . Aged 11—Recommended to mercy by the jury and Prosecutor, on account of his youth.

First Jury, before Mr. Justice Park.

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