The Proceedings of the Old Bailey

 

810.   JOHN TUCKER was indicted for feloniously stealing, on the 3d day of October , four hundred and ninety yards of linen, value 30 l. one hundred and thirty yards of cambrick, value 20 l. ten yards of muslin, value 28 s. forty muslin handkerchiefs, value 3 l. one cotton towel, value 1 s. and twenty yards of printed callico, value 3 l. the property of   George Jeremy and   Henry Small : and   STEPHEN TUCKER and   MARY TUCKER were indicted for feloniously receiving on the 4th of October , four hundred and ninety yards of linen, value 30 l. one hundred and thirty yards of cambrick, value 20 l. forty muslin handkerchiefs, value 3 l. one cotton towel, value 1 s. and twenty yards of printed callico, value 3 l. part of the said goods, knowing them to have been stolen .

(The case opened by Mr. Silvester.)

  GEORGE JEREMY sworn.

I am a linen draper in  Tavistock-street , in partnership with   Henry Small ; this young man lived with me between five and six months; and on the 3d of October, having missed some cambricks, and not finding them; on searching thoroughly, I found a piece of muslin in   John Tucker 's box; in consequence of which, I sent him to the watch house that night, and the next morning he confessed.

Were any promises made to him, or threats? - No.

Mr. Garrow, Prisoner's Counsel. Was not he told that if you recovered your property, you would not hurt him? - No.

Are you sure of that? - Yes, I am positive; he confessed to the eight pieces of cambrick then missing, and five or six pieces of Irish, and three or four quantities of muslin handkerchiefs; after he confessed that these goods were at his father's and mother's house, I immediately went with two friends, and made the mother acquainted with what I came about; I requested she should give me the goods which her son confessed she had got, the mother lives in James-street, Hay-market; she asked me what I wanted? I told her the whole of my goods; she requested to know how many pieces of Irish? I told her I did not mention any number, but requested to have the whole; she went up stairs, and brought down eleven pieces of Irish; I asked her whether that was the whole? and she said it was; I told her I thought it was not, for there was a quantity of cambrick which I knew she had; she expressed herself a good deal astonished that she had not brought it down, for she said she intended it; she fetched it down; I asked her if she had any thing else? she answered no; I asked her if she had any more goods? and she said not; and on taking down the bed, I found several pieces of cambrick, Irish cloth, and some muslins; they were in the bed; it was a turn-up bed; there were some trunks, and I requested to know what there was in the trunks? and she said there was not any thing in the trunks, that the trunks belonged to her; I requested to have the keys of the trunks; and when they were opened, I found Irish cloths, cambricks, and muslins: on examining, I found they were quite full of goods; by this time, Atkins the constable arrived; and we searched the whole house, but we did not to my recollection, find any thing else besides what I have now mentioned.

She keeps a cook's shop I believe? - A kind of cook's shop or eating house.

Do you know whether her husband lives with her? - I believe he sleeps there; he is

a coachman I believe; we brought home the goods on Sunday, the 4th of October; and the following day we appeared in Bow-street; and there it came out from the confession of the young man.

Court. Was the mother present? - No.

Then that is not evidence against her? - In consequence of that, Atkins and we went down to the father's house, requesting her to give up the duplicates; and to the best of my recollection, she said she had none; on searching, we found I think four duplicates in number, in one of the rooms; Mr. Atkins then thought it was necessary to take the mother-in-law into custody; and we brought her up into Bow-street; and I requested to see the duplicates, and the amount of them; I found the amount to be only thirteen pounds; I said it was not the whole of them; on which Mr. Atkins, and Mrs. Tucker, and myself, went down to James-street: and she immediately got on a chair, and took down a teapot, where there were thirty duplicates; I saw her do it; there were from twenty-six to thirty duplicates; we then went back to Bow-street, where they remained to be re-examined,   John Tucker , and   Mary Tucker , and the husband.

Court. When she took down the duplicates from the tea-pot, had she been at Bow-street then? - No, she had not.

Were the things found in the trunk and boxes, your property? - The greatest part of them; there is my own writing on several.

Mr. Garrow, Prisoner's Counsel. I believe this young man came to you from Mr. Mann's? - The last place he lived in before he came to me, he had lived there seven or eight months; I heard a very good character of him from Mr. Mann; I had a very good opinion of him, as good an opinion as I had of the rest of the young men in the house.

You thought him an honest man? - I did.

Did you observe that several of these pieces were in the same manner you kept them tied up in your shop? - Yes.

In the same manner in which if any body had purchased of you fairly, they would have had them? - Yes.

This young man was in the habit of carrying out goods? - Yes, he was; but I do not know that he ever waited on three customers of his own; I believe to one; not more than one.

Do you recollect whether on any of these occasions, either to customers of your's or his own, he represented to you, that the lady wished to have the goods left till the next morning? - I cannot call that to recollection.

Was he about to leave you? - He was.

Did you understand whether he proposed to go into business for himself? - I never understood any thing of that kind.

What day of the week was it, when he was first taken into custody? - I believe it was Saturday night or Sunday morning, about half past twelve.

The mother was not taken into custody till Monday? - No.

Do you recollect her coming first to the watch-house, and afterwards to your house to see the young man? - Yes; that was on Sunday morning, about nine, ten, or eleven.

She was, I believe, twice at your house? - No, I believe not.

She was then apprized, I suppose, of the charge against her son? - That he was at the watch-house.

On some suspicion of his dishonesty? - Yes, I believe it was.

When did you go to her house? - Three or four hours after.

Then, she had time enough to have destroyed the duplicates, if she chose it? - She certainly had.

Was not there a bank note found upon him? - There was; he said he generally received the money for them what was pawned.

There was a quantity of gold found upon him? - There were four guineas and a few shillings, to the best of my recollection.

Did he say that in the hearing of his mother? - I do not know for a certainty.

Were any of these articles altered, or played any tricks with? - Some of the cambricks; the marks had been, in a great measure, put out, and others put into their place.

That could not be the work of a woman? - That I cannot say.

Did this young man represent himself to be buying goods in the city, on credit, by which he would lay in a stock, to get some money among the customers, and to set up bye and bye? - I never understood it, any further than from the mother.

Was that in his presence? - I cannot say; I never understood it, either from the mother or any other person.

Journeymen in these trades, do sell a little on their own account? - I believe it is never allowed; the woman told me that her son-in-law had brought them there, and that he had once or twice represented it to her, that that was the mode by which he came by them.

Do you recollect her ever saying that in the presence of the young man, and whether he did not admit that to be the consequence? - I do not recollect that he did confess it before her.

Did he at any other time, when she was not present? - Yes, he did.

It was not likely his mother in law, whom he was not plundering, should suspect him any more than you? - It was not.

Mr. Silvester. What was found in the house, to what value? - About one hundred and fifty pounds.

And what is the value of the cambrick? - About thirty or forty pounds.

Mr. Garrow. This woman was once admitted to go about her business and come back again? - Not to my knowledge.

Did not she come voluntarily to the office at five o'clock on the Monday? - I believe she was in custody at that time.

  PETER WOOLLY sworn.

I called on Mr. Jeremy, the 4th of October, at two o'clock; I went with him to the house, and saw the whole transaction; I have heard what Mr. Jeremy has said; I was present the whole time.

  JOHN ATKINS sworn.

On the 4th of October, on Sunday, a gentleman came to the office for an officer; I went down to James-street, to Mr. Tucker's house, a cook's shop, there; one gentleman was at the door, and two up stairs; they had some things on the bed, and there was a box, which was full of things: we took away the things, and down stairs we found a coverlid; there was a bed, and the father very voluntarily said they were all the things; and the gentleman let him stay; and I took his word till the next morning; and I met him in Chandos-street, coming to the office on Monday; I fetched the woman into custody, by order of the magistrates; the magistrates were gone, and I let her go till the evening.

Mr. Garrow. She was left at home on the Sunday, and on the Monday you let her go again? - Yes, and in the evening I went to her house; I asked her for the keys, and she gave them to me; I went into the room with her, there I found four duplicates; she said there were some tickets; and I found three in the box, and one in her pocket; I asked her if they were all; and she said, yes, they were of the things in pawn for thirteen pounds odd; then I went to Mr. Priestman's, the pawnbroker.

What did she say? - She said; says she, what could a parent do? and says she, immediately, if you will go along with me, I will shew you; then we went to her house, and she got on a chair, and in a tea pot I found almost thirty duplicates, some were for her own things.

Mr. Garrow. On the Sunday she was left intirely at home? - Yes, on the Monday she was admitted to go, and come back again.

Therefore she had obtained time to burn all these, if she thought it necessary? - No doubt of that.

At the time you stated the amount of these, there was no charge against her, but against her son? - No.

And then she immediately said, good God, what could a parent do? - Yes; the

father came an hour before his time to Mr. Jeremy's house.

(The several pawnbrokers produced the things.)

Prosecutor. The greatest part of them are mine.

Prisoner   John Tucker . I wish to say that my mother is totally innocent; I imposed upon her, by telling her I obtained them in the city; and she asked me at different times, how I came by them; and I always told her that I had bought them; and she asked me whether I was sure of it, that I came by them honestly, and I told her that I came by them honestly; I have nothing else to say.

Prisoner   Stephen Tucker . I know nothing about it.

MARY TUCKER's DEFENCE.

I have often asked him if they were his own property; he has answered me, indeed mother, they are.

(The prisoner Stephen and   Mary Tucker called eight witnesses, who gave them a very good character.)

(The prisoner   John Tucker called one witness to his character.)

  JOHN TUCKER GUILTY ,

Transported for seven years .

  STEPHEN TUCKER NOT GUILTY .

  MARY TUCKER GUILTY ,

Transported for fourteen years .

811. The three prisoners were again indicted for stealing various other articles , but the prosecutor giving no evidence, the three prisoners were all found

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.