The Proceedings of the Old Bailey

 

431.   JOHN LYNCH and   JAMES FARRELL were indicted for burglaririously and feloniously breaking and entering the dwelling house of   John Campbell , at the hour of nine in the night, on the 14th day of March last, and feloniously stealing therein seven pair of corderoy breeches unmade, value 3 l. 13 s. three muslin neck-cloths, value 7 s. four linen shirts, value 12 s. two linen aprons, value 4 s. one velvet waistcoat, value 1 s. three muslin neck-cloths, value 5 s. one linen shift, value 2 s. one pair of corderoy breeches, value 1 s. the property of the said John .

The witnesses examined apart at the request of the prisoner.

  JOHN CAMPBELL sworn.

Examined by Mr. Peat, Council for the Prosecution.

I live in  Morris-court, St. John's, Wapping , my wife works for a slopman; on the 14th of March last I went out to have a bit of supper.

Did you leave any body at home? - No.

In what situation did you leave the house? - I locked the door fast, and bolted the windows of my lower apartments.

Where did you go? - About two hundred yards, while I was there between eight and nine, they sent a girl for us, and told us we were wanted at home, my wife and me went home directly, and when I went home there were a number of people in the court, and I asked them what was the matter, they said there were some thieves broke into the house, I put the key into the door, the door was locked as I left it, I looked up, and I saw people going into the window on a ladder, that was as I was opening the door, when I went into the house I found the parlour door was broke open.

Were there any lodgers in the house at that time? - No.

Did you examine the parlour? - Yes, I saw all the drawers out, and they told me the things were taken up to the one pair of stairs fore room, and tied up in a bundle,   William Whiteway was one of the persons that told me so, I afterwards went up stairs, and found the things there, they were all taken out of the drawers, they were loose and laying about the floor, all the things that were laying on the floor were taken out of the parlour.

Are you sure of that? - Yes.

Whose house is this? - The owner of the house is one Callicot, I rent the house.

There were no lodgers in the house at that time? - None, they went away the week before.

What state were the windows in up stairs? - I cannot say, I know the sash was down before.

How do you know? - Because I was in the chamber before I went out, the window was properly fast, and I saw it was properly fast.

I am asking you about the first floor? - I fastened the chamber door and windows as well as the lower apartments.

Did you lock the room door? - Yes.

Was that door broke open? - No.

Did you find it locked when you went up? - No, it is a spring lock; and the people that got in at the window opened the door.

  WILLIAM WHITEWAY sworn.

I am an officer of the parish where this matter was said to be done, I was sent for about nine in the evening on the 14th of March, the house was all fast then, the one pair of stairs window was open, we could not get in at the front door, I got in at a neighbour's house, and got in at the back door, there were a number of people about the house, and the prisoners were in custody, I searched the prisoners and found nothing upon them, as soon as I could get into the house I went into the one pair of stairs, and there I found these things bundled up in this apron, the people first got in by the help of a ladder, and they let me in at the back door, these things have been in my possession ever since.

  ALEXANDER SINCLAIR sworn.

I live next door to Campbell, and on the 14th of March, about a quarter after eight, coming up the court where Campbell lives, I saw my father, sister, and brother out at the door, and I understood from them that there was somebody in Mr. Campbell's house, I stood at the door for about ten minutes, and Linch came out of the window.

Court. How did he come out of the window? - Dropped out of the one pair of stairs window.

Did he drop any thing out upon you? - No.

How high is the window? - It is a one pair of stairs window, I suppose about eight or ten foot, my brother and father run after him, and I staid in the court, and in about eight or ten minutes after Farrell came out of the window, I took him, and he was not out of my custody till he was secured, he threw a dark lanthorn at me, he dropped out of the window, and he made a blow at me, I took him right under the chin, and I knocked him down, and delivered him to Mr. Whiteway the officer, then I knocked him down a second time, till my father came and gave me some assistance, he swore many oaths that he would do for me.

GEORGE SINCLAIR sworn.

On the 14th of March on a Sunday night, I and my daughter and son-in-law, sat in the house, they are wooden houses, and we heard an uncommon noise, such as tumbling of chests and throwing of tables down, and such things, so my daughter says, there is a very uncommon noise in Mr. Campbell's house, so there is, says I, it is nothing to us; presently there came another uncommon noise, like as throwing down a chest, and then we came out of the door, and it was backward, and I could see a light, and I said there is somebody there, sure enough, so we all came into the street, and I went and lifted up the latch and said, are you at home Mr. Campbell? yes, says one of these two men, we are at home, as bold as can be.

Who asked the question? - It was an old woman of eighty-six that asked the question, we stood at the door, and in four minutes out comes the man in the brown coat, hauls open the window, and out he comes, and puts his backside upon the edge of the window and jumped down, my son pursued and stopped him, I lost sight of him before he was taken, he is the same man.

  FRANCIS PEGHAM sworn.

On the 14th of March on the Sunday evening, me and my father and family were sitting by the fire between eight and nine, and by and by we heard a great noise in our neighbour Mr. Campbell's house, that alarmed us a little, a while after we heard another great noise, my wife said they are out, and desired me to go to the door, I went and saw a light through the key-hole, then I went over to a neighbour's house, and asked if they were there, they said, no, says I, I believe there are thieves in the house, the old woman came out of the door with a candle, and she went and shook the door, and lifted the latch up, they made answer in the house, yes, we are at home; as soon as I heard that, I returned to my own door, by and by I heard the sash lift up, and a man came out of the window bodily, and jumped down, that was Linch,

he run away and I after him and called out stop thief, and one John Brown caught him as he passed by.

Was he at any time out of your sight? - No, he was not out of my sight when he catched him.

Was he out of your sight before? - No, never after he came out of the window, I went up to him instantly with Brown and led him up the court again, he said what are you going to do with me, what have I done, I delivered him to Whiteway.

Court. Was the window open when you first saw it? - No.

Prisoner Linch. Whether he did not say before the Justice he lost sight of me three times? - I never said such a word.

The things produced, and deposed to.

PRISONER FARELL's DEFENCE.

My Lord this man says I hove the dark lanthorn at him, and this man says he found it in the room; I was going down Nightingale-lane and I went up this alley, there was a great quantity of people at the same time, this man was standing by me and a man jumps right out of the window and treads upon my shoulders, and knocked me down.

PRISONER LINCH's DEFENCE.

I was coming along and I heard a noise and the people ran and called out stop thief, I run to see what was the matter, the man came and caught hold of me, and said I robbed the house, he said before the Justice that he lost sight of me three times, my witnesses are not here now.

Prisoner Farrel. I have no witnesses.

Court to   George Sinclair . Did you observe this house whether the windows were shut when you first took notice of it? - I saw him pull the windows up, but before that they were shut down as any other window is properly.

What time was it? - Between 8 and 9.

What time did you first hear the noise? - About a quarter before eight.

None before that? - No.

Are you sure you heard no noise before this? - Not an uncommon noise.

What was the earliest that you heard any noise at all? - Why, I tell you about a quarter before eight.

How high is this window from the ground? - About ten or twelve foot.

Is it over the door? - No it does not come over the door, it runs right along side the house.

Is there any getting up into it? - Not without a good deal of help, to stand upon one another's shoulders.

Was the window of such a height that you think one man might get in by standing upon another man's shoulder's? - Yes, I think such a man as the prisoner might.

Court to Whiteway. You got in at the back-door? - Not until I was let in by somebody.

Was you in the house before Campbell came in? - I cannot say.

You said you tried at the front door, and could not get in then? - I was let in by somebody, I cannot say who it was.

Do not you know that you was there before Campbell? - No, I do not know I was, I imagine in the mean time I was try- trying at the back door, that Campbell must come in at the front door.

Campbell. It was so.

Prisoner Farrell. If you remember, this Whiteway swore that he found the things up stairs, he took me before the Justice, he would hang me or any man living for the sake of the reward.

- WILKINSON sworn.

I got in at the chamber window, the window was shoved up, and I put the ladder and got in, I had no light, I believe Sinclair was the next man that came and brought a light, there were some things laying about in this apron, as I went down stairs, Mr.   Campbell the owner of the house came to the door, they were all fast but the window I got in at.

Was the door of that room open or not, when you went in? - It was wide open.

You are sure of that? - I am very clear of it.

Court to Campbell. That opens on a spring lock? - Yes, I left it on a spring lock, I am sure the windows were shut down when I went out.

  JOHN LINCH ,   JAMES FARRELL ,

GUILTY Death .

Tried by the first Middlesex Jury before Mr. RECORDER.