4th December 1771
Reference Numbert17711204-2
VerdictsGuilty > lesser offence; Guilty > lesser offence
SentencesTransportation; Transportation

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2. (M.) NICHOLAS MOORE was indicted for breaking and entering the dwelling house of John Marshall , on 7th Nov. about the hour of eight in the night, and stealing one linnen gown, value 10 s. the property of the said John Marshall , in his dwelling house . *

Ann Marshall . I am wife of John Marshall . We live in John street, Tottenham-court-road . As I sat in the kitchen on the seventh of November , about eight at night, I thought I heard a jump from the window; I put a child into the cradle that I had in my arms, and went immediately up stairs. I went first to the closet and saw my plate was safe; I heard a rustle against the wainscot in my bed-chamber, which is on the same floor; I went into the bed-chamber, and the prisoner rushed upon me, and said d - n you, don't speak; we had a tussel together in the passage, but I held him till the constable came, which was very soon, as he lived but a few doors off. The window-sash was up and the shutter was pushed to; I had left a gown upon the bed at full length, and I found it in a chair, rolled up; I asked him what business he had in the room? he said a boy threw his hat in at the window, and as the window was open he came in to get it. I had been there about three hours before; my cousin, Mary Coote , was looking out of the window before it was dark; she and I came out of the room together, she pulled the sash down and locked the door when we left the room.

Q. Was it dark or light when you heard the noise?

Ann Marshall . It had been dark a great while.

Mary Coote . I was up in the room about five o'clock; I pulled the sash down, then I

locked the door; it was about eight when we heard the noise.

Prisoner's Defence.

I was going by this house; the window was open; a boy in the street pulled off my hat, and threw it in at the window; I knocked at the door twice, but nobody came, so I got in at the window in order to get it. I am but 16 years old.

Guilty of stealing only . T .

He was a second time indicted for breaking and entering the dwelling house of Samuel Philips , Esq . on Nov. 7 , about the hour of eight in the night, and stealing two black silk cloaks, 30 s. a black silk bonnet, 10 s. and one white lawn apron, 6 s. the property of the said Samuel Phillips , Esq. in his dwelling house .

The circumstances of this burglary were similar to the other charge. A fore parlour window was found open, and the things mentioned in the indictment were stolen. When the prisoner was taken into custody on the foregoing charge and searched, the lawn apron, which was deposed to by Mrs. Phillips, was found in his pocket. The prisoner said in his defence, that he met his sister in the evening, who gave him the apron to carry home to his master to be altered, and that he did not know what was become of his sister.

Guilty of stealing only . T .

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