19th February 1800
Reference Numbert18000219-35
VerdictGuilty > with recommendation

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194. WILLIAM INNES was indicted for breaking and entering the dwelling-house of Edward Buttenshaw , about the hour of seven in the night of the 10th of February , and burglariously stealing twenty-six yards of linen cloth, value 4l. the property of the said Edward .

EDWARD BUTTENSHAW sworn. - I am a linendraper in the Minories : On Monday the 10th of this month, about half past seven in the evening, as I was sitting in the parlour, behind the shop, I heard a violent breaking of the glass, in the window of my shop; I ran to the door, and saw some persons bringing back the prisoner at the bar; they informed me, that they saw him give a piece of Irish cloth to another man, who ran away with it; I secured the prisoner, and in about five minutes my young man returned with the cloth; the cloth has my private mark upon it, it is in the possession of the officer.

Q. Was the window so broke, that a piece of cloth might have been taken out? - A. Yes, almost the whole of the square was broke out; it had not been put in above a fortnight; I had it cut to pieces one night before.

EDWARD CAREY sworn. - I belong to the navy: I was coming from Tower-hill; I heard a smash of glass about half past seven in the evening; upon looking forward, I saw two men in the road, one of them had a piece of linen; I saw him give it to the other man that was with him, and, in a low tone of voice, said, take hold, take hold; the other immediately took it, and set off; the prisoner then came towards me on the pavement; it struck me that he had stole it, and I immediately laid hold of him, and took him back to the shop; I saw the broken square of glass in the window as I went past; I am not certain, but I think I saw him run from the shop into the road; I saw him about ten yards from the window; the prosecutor claimed the cloth when it was brought back.

WILLIAM LIVINGSTON sworn. - I am an artist.

Q. In what way? - A. Drawing: On Monday evening, the 10th of this month, about half past seven in the evening, I was coming up the Minories from Tower-hill, when I was within twelve yards of Mr. Buttenshaw's house, I heard a great noise of breaking the glass, and in two minutes saw the prisoner meet a man in the middle of the crossing, and give him a piece of cloth; he came towards Mr. Carey and me, and upon seeing him give the cloth to the other man, I supposed he was the person that stole it; I went after him some short distance back, when Mr. Carey collared him; I took hold on the other side, and brought him back to Mr. Buttenshaw's.

Q. How far was the prisoner from where you heard the noise of breaking the glass? - A. I suppose five or ten yards, I did not take notice of the window.

- BUTTON sworn. - I am servant to Mr. Buttenshaw: I was in the back part of the shop, on the 10th of February, in the evening; I heard a violent breaking of the glass; I immediately ran forward to the door, and when I opened the door, I saw a very tall man running on the other side, crossing the road, not the prisoner; he ran down the Minories, about two hundred yards; I immediately pursued him all the way, he crossed Rosemary-lane, into Queen-street, and when he found that I gained upon him, he threw away a piece of Irish cloth that he had under his arm, it was Mr. Buttenshaw's cloth; I brought it back, and gave it to the constable.

Q. In what state was the pane of glass? - A. Hardly a bit of glass remaining in it.

William Cox the constable produced the property.

Prosecutor. This is my cloth, it cost me three shillings and three halfpence a yard, it is worth four pounds, it has my private mark upon it; about half an hour before, I had removed it to a small distance from the glass, and placed a candle between.

Prisoner's defence. I was going down the Minories, and the gentlemen heard the window broke, and they laid hold of me, and said I broke it.

GUILTY Death . (Aged 50.)

The prisoner was recommended to his Majesty's mercy by the prosecutor .

Tried by the London Jury, before Mr. RECORDER.

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