JOHN TURNER.
18th October 1780
Reference Numbert17801018-21
VerdictGuilty > theft under 5s
SentenceImprisonment > hard labour

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582. JOHN TURNER was indicted for burglariously breaking and entering the dwelling house of Isaac Walton , on the 8th of October , about the hour of seven in the night, and stealing three diaper table-cloths, value 6 s. seven linen stocks, value 5 s. two linen shirts, value 5 s. and two linen shifts, value 4 s. the property of the said Isaac, in his dwelling house .

2 d Count. For burglariously breaking and entering the dwelling house with intent to steal the goods of the said Isaac.

ISAAC WALTON sworn.

I live in Robinhood-court, Milk-street . On the 8th of October, at a little past seven in the evening, I returned home from Islington; while I stopped at the bottom of the court to make water I perceived a man jump out of the parlour window of my house; immediately after that I perceived another jump out; as he came past me he gave me a wheel round; then I saw a third jump out, which was the prisoner. I catched him by the throat and said, I would hold him if he was the Devil. I seised him by the collar and cried out thieves and murtherers! and I held him till some neighbours came; then my wife, who was behind me, came up and opened the door; there was nobody in the house. I went out about half after one; she came to me about an hour and an half after, and we walked up to Islington; when my wife had opened the door I took him in; when I came into the parlour I saw a table-cloth spread upon the oil-cloth, and the sundry things, mentioned in the indictment, laid upon it; they had been taken out of a drawer in the same room.

When had you seen them in the drawer before? - I suppose three or four days; when I took him in and found these things laid upon on the table-cloth I held him by the throat and asked him if these things were his? He made no answer; the sash was pulled down; there was a pane of glass in the sash broke. I suppose they got the window open by breaking the pane of glass and putting an hand in and opening the fastening to the sash; the pane, which was broken, was immediately under the fastening.

The other two got away? - Yes. I had not the same presence of mind as I had when I seised this, or they would have stood no better chance than this man.

Was it dark then? - It was light enough to see him.

Was it by day-light or the light of the lamps you saw him? - By the day-light.

You could see him plain enough by the day-light to know him? - Yes.

THOMAS HUDSON sworn.

I live in the same court. I came home about a quarter after seven; there was an uproar in the court. I went into Mr. Walton's house he had the prisoner by the collar. I fetched a constable and we took the prisoner to the compter; going into the compter there is a bench; I saw him put his hand to the bench and put down this key (producing it.)

CHRISTOPHER THOMAS sworn.

I am a constable. I searched the prisoner but did not find any thing upon him; the clothes were delivered to me by Mr. and

Mrs. Walton; they have been in my custody ever since (producing them.)

Mrs. WALTON sworn.

I found the table-cloth spread on the floor of the parlour, I went in first by myself and found all these things upon it; they are my husband's property; I left them all in the drawers when I went out.

Cross Examination.

Does your husband rent this house? - Yes

Is it a large or a small one? - A small one.

Have you any lodgers? - Only one; he went out at six in the morning, and went with his master into the country to remove some furniture, and did not come home till the Monday night.

PRISONER's DEFENCE.

As I was coming from the other end of the town; I had occasion to go through this court. This gentleman laid hold of me by the collar, and used this expression, that he never hung one, but by G - d he would hang me.

To Walton. Are you sure the prisoner jumped out of the window? - Yes, I was but about three yards and a quarter from the window. I seised him directly.

NOT GUILTY of burglariously breaking and entering the dwelling-house, but GUILTY of stealing the goods to the value of five shillings . N. 3 years .

Tried by the London Jury before Mr. RECORDER.


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