JOSEPH DUNNAGE, THOMAS BROWN.
30th April 1783
Reference Numbert17830430-23
VerdictGuilty > lesser offence
SentenceTransportation

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260. JOSEPH DUNNAGE and THOMAS BROWN were indicted for feloniously stealing, on the 12th of March last, one chariot door glass window, value 22 s. the goods of John Smalley , privately in his coach house .

JOHN SMALLEY sworn.

I live servant with Mrs. Newdick in Milk-street, I was her coachman, but now she has laid down her carriage, I am her footman ; the chariot was mine, I let it out on a jobb, it stands in my coach house, in Finsbury-yard , I think it was the beginning of March when I lost the glass; on the 13th of March in the morning, I was told some body had been at my glasses again, I went to see between eight and nine in the morning, and I saw the frame which was carried into a compting house, and the broken glass; the glass was gone, and the strap cut; the glass.

Court. Did you make any observations on the coach house door? - Yes, the coach house doors are very tall ones; they open in one, and the fastening is in the middle of the door; we thought they had stretched one door so much, that the other could get in, but there was nothing appeared on the outside; the frame was in the coach house, by the chariot, on the ground.

JAMES FROST sworn.

On the 17th of March, between seven and eight, I was informed by a publican opposite, that two men were attempting to rob the coach house, and I went and saw the prisoner Dunnage standing two yards from the coach house door, accordingly I took hold of him; I was my while I looked in the coach house, I went to the coach house door, hearing a noise among he carriages I got a light, and Brown was behind a one horse chaise of mine, at the further part of the coach house; both the doors of this chaise of the prosecutor's were standing open, and the glass lay on the ground; I went into the back part of the coach house.

Court. I it all open withinside? - There is room for six carriages; the prosecutor has half of it, there is a post in the middle that is a guide, his part is not separated from mine; there are two doors; I suppose these people got in, by violently putting at the bottom of the door.

MARY WORRALL sworn.

On the 12th of March last, about half past seven I was looking out of my window, and I saw the prisoners in the yard; and one said to the other, let us go away; that was Dunnage; they went round, and came again, and I saw, by the help of one, the other got into the coach house by pulling the bottom of the door open.

Court. Did you know the two men? - Not then, I saw them afterwards, they are the same two men.

Did they both go in, or only one? -

Only one, that was Brown, Dunnage staid without side.

PRISONER DUNNAGE'S DEFENCE.

I live in Rope-maker's-alley; I stopt to make water, and they came and took hold of me; I had serjeant Newman here to speak for me, but he is gone on duty.

PRISONER BROWN's DEFENCE.

I know the coachman, and I went to see for him to help me to something, I was much disguised in liquor, and I fell fast a sleep.

Court. What way of life have you been in? - A post boy; Dunnage is a sailor.

Court to Jury. Gentlemen, you under stand that stealing privately these sort of articles, which are properly deposited in particular places, if above the value of 5 s. is offence. Now if any man removes from the place where it food, and where it ought to be, any sort of personal property belonging to another, with a design to steal it, he has then com pleated the felonious purpose, and whether he his the good fortune to take it of or no, makes no sort of difference. In the present case, as to whose coach house this was, for it seems to be held in common by two persons; and it is charged in the indictment, to be the coach house of Smalley the prosecutor; and it seems that though not actually divided, yet it was in point of enjoyment divided for occupation; it is a very nice point to be sure, where a man's life is at sta Another thing is, this is a charge of stealing privately, in this coach house; now privately stealing is as opposed to entering by force, burglary, or breaking a house; wheresoever there has been actual force used to get into a place, in which the charge is, that the party has stolen privately, the force used removes that part of the charge; now here, there are circumstances of force, and therefore what was stolen, could not be considered after that, to be stealing privately.

JOSEPH DUNNAGE , THOMAS BROWN ,

GUILTY

Of stealing, but not privately.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron EYRE .


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