The Proceedings of the Old Bailey

 

387.   ARCHIBALD BURRIDGE and   DANIEL BEAN were indicted for burglariously and feloniously breaking and entering the dwelling house of   Henry Lord Stawell , about the hour of seven in the night, on the 28th day of March last, and burglariously stealing therein, one oak tray, value 6 d. three silver castors, value 1 l. 10 s. three castor covers, value 6 s. three castor spoons, value 3 s. two silver cruets, value 7 l. one silver cruet frame, value 5 l. six silver cruet spoons, value 12 s. six silver labels, value 6 s. two cruet boxes, value 50 s. two French plate waiters, value 2 s. two French plate salts, value 12 d. and two silver labels, value 3 s. the property of the said Henry Lord Stawell .

The witnesses examined apart at the request of the prisoners.

  STEPHEN RING sworn.

Mr.   Sylvester Council for the Prosecution. Tell your story to the Court concerning this robbery.

Ring. I am a baker; I was going through  Hanover Square , about half after seven in the evening of the 29th of March, in company with   George Logan , I saw the prisoner Burridge stand with one foot on the iron bar that goes across the area, and another on the parlour window of Lord Stawell, he had a tray in his hands, handing it to the man on the other side; the other man was standing against the rails, Bean stood ready to receive it, with his hands against the bar.

Court. Did he stand in any posture that was in the act of receiving it? - He stood in the act of receiving it; when I came up to them, Bean stepped down to me, and asked me the way to Charterhouse Square.

Court. How do you mean stepped down to you? - He walked off the steps, he was upon the steps before the door; then the other that had the tray dropped it down the area; then my companion catched hold of Bean, and said to me, these are thieves; I said, so they are, let us pursue them; Bean got from him, and Burridge jumped over the bars and run away; I and Logar pursued them.

How soon did you take them? - We took them between fifty and sixty yards off.

Did you lose sight of them? - Not at all.

Did you see any body else there? - Yes, three men stood at a distance.

Did they assist you? - No, they ran away.

Mr. Chetwood, Council for the Prisoner.

Was it quite light, Sir? - It was not dark, nor was it quite light, I could see at a great distance.

Had he hold of the rails? - No.

He was in the street then? - Yes, up against the door.

You did not see him do any thing whatever? - No, Sir.

Or receive any thing? - No.

When these prisoners were taken, were they taken running or standing still? - When they found they were pursued close they stood still.

They were standing still? - Yes.

There was nobody but you and your friend? - No.

Are you sure it was Burridge that had his foot on the rails? - Yes.

Did you charge him with it directly? - Yes, they submitted to be searched, but nothing was found.

Did you or your companion make use of this expression, that you had lost several loaves, and you supposed these were the thieves that had stole them? - I did not, my companion did.

Did not you or your friend express that you laid hold of them on suspicion at that time? - No, Sir, not at that time.

Your companion was along with you? - Yes.

Did he say, he believed these were the men that robbed the house or that stole the loaves, which was it? - He did not mention then, that he believed these were the men that had been in the house.

Did not a tall gentleman interfere for them? - He said, they should be taken and examined.

Then there was some doubt even upon your own story at that time, whether they were the real identical people or no? - Yes, Sir.

Did you ever lose sight of the men? - No.

Court. Are you sure upon your oath that they were the men? - Yes.

What did they appear to you to stop for? - We pursued them so close that they found they could not get away.

  GEORGE LOGAN sworn.

I saw Burridge standing with one foot on the window and the other on the rail, Bean stood with his hands to receive a tray of plate, the plate fell, just as it fell he asked my friend the way to Charter-house Square, I said they were thieves, and we pursued them and took them, I never lost sight of them, I am sure these are the same men that were there.

Was it day-light? - No, Sir, it was dusk.

Court to Ring. Did you mean that there was any day-light, or that there was other light? - It was not very dark.

Was there any day-light at the time or not? - It was not very dark, we could pursue them sixty yards.

Was that by the day-light? - Yes, Sir.

Then you mean to say, that there was day-light enough to discern their faces? - Yes.

Court to Logan. What do you say to that, was there any day-light left? - No, Sir.

  WILLIAM HORACE sworn.

I was coming by this evening, the first time, I took notice of these young men one of them was inside the rails, and the other was stood close by the door on the steps, the other let the tray out of his hands.

Are these the two men? - Yes, Sir, they are.

Prisoner's Council. How far was you from them? - About twelve or fifteen yards.

Did you follow them? - I stood opposite the door till my Lord's servants came out, and then we went after them.

Did the servants join the pursuit? - Yes.

They were out of sight from you? - Yes, for a little while.

MARLBOROUGH HARDY sworn.

I am house steward to my Lord Stawell, we were alarmed by the tray falling down into the area, I saw it the best part of an hour before, it was in the front part of the parlour, between the windows on a table, when I was alarmed I went out with a candle there, and I found the tray upside down, with the principal part of the contents that are here under it, I looked up then to the windows, and the sash was up to the top.

(The things deposed to.)

Court. Was any body in the room after you saw the things on the table? - Yes, the under butler.

What time was it when you heard this tray fall? - About twenty minutes past seven.

Mr. Sylvester. What may be the value of the plate? - The value of the whole is twenty-five pounds eight shillings and one penny.

Court. Was it day-light? - No, it was dark.

Was there no day-light left at all? - I cannot say there was, my Lady had had

candles some time, and we had candles below.

Prisoner's Council. It was an under ground room where you sit? - Yes.

And where your Lady sits there were curtains? - Yes.

  TIMOTHY CLINT sworn.

I am under butler, I was in the parlour ten minutes before the alarm, and the plate was there then, and the window was shut, I am sure of it, I pursued the men till they were taken; after the alarm I saw the window open.

Prisoner's Council. Had you any particular reason to take notice whether the window was open or shut? - It was not open.

Do not you think it might have been open and you not have seen it? - No, I shut the blinds that got half way up the window.

PRISONER BURRIDGE'S DEFENCE.

I had been at Kensington after some work, I saw a mob lay hold of this man, and I went, and they said, that is one, they said I should go back, they took me back to the house, and kept me upwards of two hours, and they put me in the watch house.

The prisoner Burridge called one witness to his character.

The prisoner Bean made no defence, but called two witnesses to his character.

  ARCHIBALD BURRIDGE ,   DANIEL BEAN ,

GUILTY. Of stealing the goods in the dwelling house to the value of 25 l. but not guilty of the burglary ; Death .

Tried by the second Middlesex Jury before Mr. RECORDER.