The Proceedings of the Old Bailey

 

67.   MARK ISAACS , stealing 184 yards of silk damask, value 50l.; the goods of   Thomas Farnham.

MESSRS. PARRY and ROBINSON conducted the Prosecution.

  THOMAS FARNHAM . I am a wholesale upholsterer, and live in the City.

road. I missed some damask from my shop—I have seen four pieces of it, which I recognise as my property—it came into my premises on 28th Sept.—I examined it, and had it locked up—I had occasion for it on 3rd Oct.—I went, and it was gone—there had been five pieces put there altogether, and they were all gone—here are four of them, and one has not been found—the value of what is here is about 50l.

  WILLIAM BARNES . I reside at No. 60, St. Paul's-churchyard; I am an auctioneer. I am acquainted with Mr. Farnham—I received information about his loss—on 27th Oct., about 6 or 7 o'clock in the evening, I saw the prisoner—he came in company with another party—the prisoner said that the man who was with him had got some tabaret to sell—the tabaret had been left in my house prior to that—it was in my house when they came—the other person who was with the prisoner opened the goods, and I immediately detected them to be Mr. Farnham's property—the other man asked me 4s. a yard for it—the gross amount was 28l.—I agreed to give it—I gave them a check for 28l.—I took care to cross the check—I asked where the goods came from, and I understood that they said they had been bought at Debenham's—I think it was the prisoner said so; but, after that, Mrs. Barnes and I thought it was some horse hair that was bought there.

COURT. Q. You do not recollect the answer; do you recollect putting the question? A. I do not know—there were very few words passed.

MR. ROBINSON. Q. Did they make out an invoice? A. Yes; this is it—(read: "London, 27th Oct. Mr. Barnes. Bought of C. Isaacs 140 yards of satin damask, at 4s. a yard, 28l. Paid, C. Isaacs, Signed, M. Isaacs, 125, Bishopsgate-street")—I sent my son the next morning to Mr. Farnham, and he came and saw the goods—I have since paid the check.

  DANIEL KEETLE . I am a silk manufacturer, and live in Wood-street, Cheapside. I supplied these goods to the prosecutor on 27th Sept.—two of these pieces are rather remarkable; but, in fact, they are all peculiar—here is one peculiar piece, that I can say is the only one that was ever made—it is this crimson one—it is an old piece—it was made imperfectly, for a customer of mine; it was returned on my hands, and I shall never forget it—it is a very peculiar make; not what it should be.

  JAMES BRANNAN . I am a police inspector. I went, in consequence of information, to the prosecutor's shop on 30th Oct., between 6 and 7 o'clock—I saw the prisoner there—I said I belonged to the police, and I came to take him into custody for receiving some satin furniture damask, the property of Mr. Farnham, the prosecutor, who was then present—he said, "I bought it of a man named Vann, in Red Lion-passage, Red Lion-street, Holborn, about five weeks ago"—Mr. Farnham then said, "It was not stolen five weeks ago"—the prisoner then said, "Can it be sworn to?"—the prosecutor then said, "It can be sworn to; the manufacturer can swear to it; it was the only piece made by him, and sent to me on approbation"—the prisoner then paused, and said, "Mr. Vann is gone to America"—I received the property, which I produce—I have since found that Mr. Vann has left.

Cross-examined by MR. BALLANTINE. Q. On what day was this? A. On Monday evening, 30th Oct.; the prisoner was searched—he had this book, and one half crown on him—the only property I found in his house was seven children, and I believe there has been another added to the stock since—I found the whole of them in a state of extreme destitution—the woman said she had had no food during the day—it appeared to me that that was true.

  SARAH VANN . I did reside in Red Lion-passage, but I have removed—I am the wife of Mr. Vann, who resided there—he is now on his passage to Australia—I left Red Lion-passage on 12th Oct—this damask was never in my husband's possession—if it had been in the house, I should have been sure to have seen it.

  LUCY BARNES . I am the wife of William Barnes, of St. Paul's Church-yard. On Friday, 27th Oct., the prisoner called at my husband's place of business in the afternoon, there were two men with him—one was about the age of the prisoner, and the other an old man, who brought a bundle containing these things—I believe it was the other man who spoke, but the prisoner was with him—the other man said he wanted to see Mr. Barnes, he had got something to sell him, what time would he be in—I said I could not tell, he might be half an hour or an hour—he said, "I will walk about till he does come."

Cross-examined. Q. What day of the week was this? A. On Friday; I saw the prisoner again on the following Monday evening—I and my son were there, and the prisoner said he wanted to see Mr. Barnes—he said, "I know a man who has got some tabaret that will suit him"—my son said to him, "Do you know that the damask that you brought here on Friday night has been stolen from Mr. Farnham, in the City-road?"—the prisoner said, "That is impossible," as the person who brought it here told me he had bought it of Mr. Vann, in Red lion-passage, four or five weeks ago—he offered to go at once to Mr. Farnham—he went and fetched a cab, and went with my son at once.

  THOMAS FARNHAM re-examined. I was present at a conversation, which took place when Brannan was there—I heard the prisoner say on 30th Oct; that he bought it of Mr. Vann—I asked if he had an invoice, and if anybody was present—he said he had no invoice, and nobody was present at the time he bought it of Mr. Vann.

NOT GUILTY .