18th September 1802
Reference Numbert18020918-9
VerdictGuilty > lesser offence
SentenceImprisonment > newgate; Corporal > public whipping

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594. DAVID KINGSTON was indicted for feloniously breaking and entering the dwelling-house of Charles Gearing , no person being therein, about the hour of six, on the day of the 17th of July , and feloniously stealing, two shirts, value 10s. the property of John Little .

JOHN LITTLE sworn. - I am a sailor , and lodge at No. 15, Robinhood-court; I gave the shirts to my sister-in-law to wash, and she had liberty of Charles Gearing 's wife to hang them up in her room: on Saturday, the 17th of July, about six o'clock in the evening, they were missed; I saw them again when they were taken from the prisoner's pocket; I heard an alarm given, and followed him to the counter, where I saw them taken out of his pocket; they are not finished at the arms; the landlord's name is Bennett, but he does not live in the house; it is let out in tenements; the prisoner appeared to be sober.

JAMES WADE sworn. - I left off work at six o'clock on the evening of the 17th of July, and had just turned into the house, No. 18, Robinhood-court, where I live, and heard the cry of stop thief; I saw the prisoner run into the workhouse passage, Shoe-lane, and another man took him; I followed them back to the house he had taken the shirts from, and he attempted to take one out of his right-hand pocket, and drop it, which I stopped him doing; he said he would give me back my property, and did not mean to hurt me, thinking I belonged to them; I took them, and shewed them to Mr. Little; he said he hoped I would shew him lenity, and admitted it was a very bad thing he had done; I had made him no promise of favour.

ALICE HOTHRAM sworn. - I am sister-in-law to John Little , and lodge at No. 15, Robinhood-court ; the shirts were in Charles Gearing 's room; I had the washing of them, and put them there to dry; I was in the two pair, and heard a noise in Gearing's room; I came down stairs, and saw a man come out of the room with the shirts in his pocket; he went down stairs; I followed him, and gave the alarm; my brother's shirts were brought back; Gearing's wife rented the room at the time; I don't know whether Gearing ever lived in it.

ELIZABETH HILSTON sworn. - I live at No. 11; I was helping to wash the shirts, which were hung up in Mrs. Gearing's room; he is on board ship, and has been these seven years; I was not present when they were stolen.

WILLIAM RATCLIFF sworn. - I took the prisoner, and found the two shirts on him; I delivered them to the keeper of the Compter.(The shirts produced and identified.)

Prisoner's defence. I was in a state of intoxication if I did do it; when I was a boy, I fell out of a three pair of stairs window, and have a plate in my head; if I drink any thing, I don't know what I do; therefore I leave myself to the mercy of the Court.

The prisoner called two witnesses, who gave him a good character.

GUILTY, aged 37.

Of stealing, but not of the breaking and entering the dwelling-house .

Six months in Newgate , and publicly whipped .

London Jury, before Mr. Recorder.

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