GEORGE BOYER.
18th February 1801
Reference Numbert18010218-14
VerdictNot Guilty

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224. GEORGE BOYER was indicted for feloniously stealing, on the 11th of February , two saws, value 5s. the property of Peter Kelly .

PETER KELLY sworn. - I am a carpenter ; I lost two saws from a house that I am repairing, the corner of John-street, Edgware-road ; I had a man at work for me of the name of Williams, and his two saws were taken as well as mine: On the 11th of February, about one o'clock, I missed them; I had not been at the building since breakfast; one was a hand-saw, and the other a dovetail saw; I saw one of them about two hours after at a pawnbroker's, in Wardour-street, Mr. Layson's; the prisoner was at work in the house, he was making a seassold to stucco the front of the house; he is a master plaisterer; he was at work when I left the house.

WILLIAM NICHOLLS sworn. - I am apprentice to Mr. Layton, pawnbroker, in Wardour-street,(produces two saws): On Wednesday, the 11th of February, the prisoner brought these saws to me, I lent him five shillings upon them; I have no doubt about the prisoner being the same man; I saw him again about three hours after, when he was taken up.

Kelly. This hand-saw is mine, I know it by the maker's name, and I broke a tooth in it when I was setting it; I have had it about a twelvemonth.

Prisoner. Q.What time of the day was it that you say I pawned the saw? - A.From half past one to two o'clock.

Prisoner's defence. I am innocent of the charge; I have witnesses to prove where I was at the time the saw was pawned.

For the Prisoner.

THOMAS JOHNSON sworn. - I am a carpenter; the prisoner is a plaisterer, what we call a task-master; I have not known him for more than two or three months: Yesterday was a week he was at work in the Edgware-road, the corner of John-street; I met him in the New-road, within four hundred yards of his work; I was at work at Lisson-grove at that time, about four hundred yards from the house where he was at work; I met him about ten minutes after twelve, I was going from my own house; I had been home, and found my dinner was not ready, and I went back and worked till one o'clock; he was coming towards town; I spoke to him, and was talking to him about five minutes; he went back with me to my building at Lisson-grove, it is a house that I am building upon speculation; he stopped with me till within about a quarter or ten minutes of one, and then he went away; I was treating with him about some business I wanted done to my house; he was recommended to me by a respectable person; I saw no more of him that day.

WILLIAM GRUBBS sworn. - I am a plumber: Yesterday was a week I was at work in John-street, and passed by the building where the prisoner was at work, in John-street; it was between two and three o'clock, he was erecting a seaffold.

Q. How came you to know it was between two and three? - A.Because I went home to fetch a piece of pipe, and I recollect the clock was nearly two.

Q.Where is your house? - A. In the Harrow-road, Paddington.

Q. And how far was that from where he was at work? - A.About two hundred yards.

Q. If you came from home before two o'clock, and this house only the distance of two hundred yards, you could not be long? - A. No; I saw him, and spoke to him, but am not certain whether it was going or coming back that I spoke to him; I have known him three or four years; he has been, during that time, a task-master.

THOMAS BOYER sworn. - The prisoner is my father; I am a plaisterer, and work for my father; I was at work with my father at the time: On Wednesday, the 11th of February, we went to work at half past ten in the morning, and continued at work till ten minutes after twelve, when we went home to Grafton-court; he is a housekeeper there, and has been two years, to the best of my knowledge, I cannot exactly say; I have a family of my own, I don't live with my father;

my father met Mr. Johnson, and he went with him, and I went home, I was wheeling his wheelbarrow before me; I left it at my own door, thinking he would take it as he went by, and after I had had my dinner, I saw my father take the barrow, and go away with it, that was as near one o'clock as I can say, he went home with it; I followed him in about a quarter of an hour, as near as I can tell; he was getting a barrow of rubbish from the front of the house; I staid with him at his own house till we went up to our job again; we got poles and cords, and went to the house where we were erecting the scaffold; we got there about two o'clock, as near as possible; I was with him the whole time, till he was taken up, about four o'clock.

Q. Is this account true that you have been giving? - A. Yes; as true as God is in heaven.

Q.What age are you? - A.Twenty-seven.

ELIZABETH GREEN sworn. - I live servant with Mr. Collinson, a bricklayer, in the Harrow-road: Yesterday week, the prisoner and his son came to my master to borrow some seaffold poles, between one and two o'clock; I went up to ask my master, and he told me he might take them.

THOMAS SUTER sworn. - I am a plaisterer's labourer: I worked for the prisoner, as my master, on the Monday and Tuesday, and on the Wednesday, between two and three o'clock, I saw him at the corner of Winchester-row; it snowed in the morning, and he said, we should not be able to do any thing to-day, but desired me to call again; after dinner I met him and his son, and he desired me to come to work the next morning; I have known him about seven years, he has been a task-master all that time; I never worked for him but that Monday and Tuesday.

MARY PARROTT sworn. - I lodge in Mr. Boyer's house, I was washing in the kitchen: On Wednesday week I saw Mr. Boyer and his son backwards and forwards during all the morning, mixing the lime, and taking away stuff to their building; I heard him come in at dinner-time, about one, or a few minutes before, he went into his own shed; then he came back, and went into his own parlour to dinner; I was washing in the kitchen all day, and I did not see him after; I have lodged in the house half a year.

The prisoner called four other witnesses, who gave him an excellent character.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Le Blanc.


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