EDWARD CHURCHILL, JOHN SMITH.
13th July 1808
Reference Numbert18080713-62
VerdictGuilty; Not Guilty
SentenceTransportation

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535. EDWARD CHURCHILL, alias ROACH , and JOHN SMITH, alias JOHN PAUL SMITH , were indicted for feloniously stealing on the 10th of June , two thousand nine hundred pound weight of tallow, value 84 l. the property of Christian Splidt .

The case was stated by Mr. Alley.

CHRISTIAN BRUGES . Q. You are a servant to Mr. Stroder, sugar baker - A. Yes, in a field behind Cable street, St. George's in the east . The prosecutor's warehouse is in the same field close by Mr. Stroder's; in the room where I sleep at Mr. Stroder's, I had an opportunity of observing the prosecutor's premises. On the 10th of June, I got up in the morning between two and three o'clock; I looked out of the window, I saw the prosecutor's door half open; I saw a man in the warehouse with a light; I then awoke Mark Powell ; in consequence of what I observed I went towards the prosecutor's warehouse; there I saw three men.

Q. Did you see either of the two prisoners - A. No I saw a cart and horse close by the warehouse.

Q. Did you see any body driving the cart - A. Yes but who it was I do not know.

MARK POWELL . Q. Do you remember the morning we are speaking of - A. Yes; between one and two I looked out of the window; I saw a light in the prosecutor's warehouse, the man with the light went backwards and forwards; I saw him hold a light to the others; I saw them carrying something to the cart, the cart stood by Mr. Splidt's garden, about fifty yards from the warehouse door; we went down all of us, and the persons all run away, and then four came back; two men came to the carts and two stood a little behind the cart; there were two small carts, one stood at each cart, one drove away with his cart; at the other cart the man had a whip in his hand, that is Churchill; I knew him before, he had a whip in his hand; I spoke to him, I said what have you got there, he said what is that to you; I laid hold of him; he was never out of custody from that time till this.

Q. Was there any thing in the cart - A. The cart was loaded with the same parcels that is here to day.

SAMUEL BONTON . Q. Your father is foreman to Mr. Smith - A. Yes. I locked the door on the night of this robbery.

THOMAS BONTON . Q. You are a servant to Mr. Smith - A. Yes.

Q. Were you entrusted in the custody of this warehouse where this tallow was kept - A. I was. On the night this happened there were goskins; I left them safe in the warehouse; on the morning I went to the warehouse I found seventeen skins had been taken out; I laid them in thirteen times six.

Q. Were you afterwards shewn the tallow that was in the cart that was produced here to day - A. Yes, that was my master's tallow; that was packed up the night before.

COURT. What is the general weight of a skin of that tallow - A. One hundred three quarters weight; that is worth five or six pound.

The property produced and identified.

Churchill's Defence. I had been to Bow fair; coming home down Whitechapel with some friends, I was going to the Blue coat fields; I went to look at what was the matter; I had not a whip in my hand; they asked me what I wanted; I said the same as you to look on.

Smith said nothing in his defence.

CHURCHILL, GUILTY , aged 36.

Transported for Seven Years .

SMITH, NOT GUILTY .

Second Middlesex Jury, before Mr. Common Serjeant.


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