17th February 1825
Reference Numbert18250217-125
VerdictGuilty > lesser offence; Guilty > lesser offence; Not Guilty

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Before Mr. Justice Gaselee.

509. JOHN BURT , JOHN SAWGOOD , and JAMES TAYLOR , were indicted for a burglary in the dwelling-house of Joseph Lee , on the night of the 10th of February , and stealing 45 lbs. wt. of beef, value 40 s.; two tongues, value 10 s.; eighteen polonies, value 1 s. 6 d.; twenty-four savaloys, value 3 s.; 100 lbs. wt. of ham, value 5 l.; 40 lbs. wt. of German sausage, value 40 s.; and two iron skewers, value 1 s. ; the goods of Charles Canfor .

HUGH BIDWELL . I am shopman to Charles Canfor, who keeps a ham-shop , in Plumber's-row, City-road . He does not reside there. The party-wall of Mr. Joseph Lee's house forms the side of the shop, which he rents of Lee; there is no communication between the house and shop; the back door opens into Lee's yard, which is inclosed with the shop by a wooden fence; there is no room over the shop, but Lee's cellars come under it. On the 10th of February, I left the shop, and bolted the front door inside, and fastened the back door outside by a secret way. I went to master's house, in Leadenhall-street, returned about eight o'clock in the morning, and found every thing gone. The front door was partly open, and the pannel broken. I missed the provisions stated in the indictment, which were all safe in the shop the night before they were worth 10 l. or 12 l. A shirt, which hung behind the door, was taken. I have since seen some hams, two tongues, and two skewers: one skewer had been in a round, and the other in a brisket of beef; I knew the skewers.

JOSEPH BIRCH . I am an officer. On Monday, the 14th of February, about nine o'clock in the morning, Johnson called on me - I went with him to Sawgood's father's house, in Hoxton-market-place; I asked if the son was at home: his mother denied him, but I found him in the back room, with the prisoner Burt - we took from the table several German sausages, two tongues, a round of beef, and a piece or two of brisket - two skewers were in the beef; and Sawgood gave me some polonies and hams from the cupboard. We had only said that we wanted them; we took them to the watch-house, and about half-past 12 o'clock I took Taylor, at the Bishop Blaze, public-house, about half a mile from Sawgood's. Burt said he knew nothing about the hams - that he had asked Sawgood to let him sleep there the night before.

JOHN JOHNSON . I am an officer, and went to Sawgood's in consequence of information. Birch's account is correct. We found nothing on Taylor.

THOMAS CROFT . I keep the Bishop Blaze, public-house. Burt was at my house about ten o'clock on the 11th of February, and I believe the other two were there, but am not sure. Next morning (Saturday) Burt came between nine and ten o'clock; whether either, or both the others were with him I cannot tell, for there were several of them together - they brought ham, cut into slices, with them, and remained there an hour or more; they had some porter - I took them some knives and a plate: they went away. Burt came again at night, and I think the others. On Monday, a little after twelve o'clock, in consequence of what my pot-boy said, I called Taylor out of the taproom, and showed him some ham which was left in the kitchen chair on Sunday night, and asked if he knew any thing of it (I had just then heard of this robbery) - he said it did not belong to him, but he knew to whom it did belong; I desired him to take it off my premises, as I suspected something wrong about it; he said he expected the young man there about dinner time. He went away with it, returned, and the officer took him.

JAMES ASHLEY . I am pot-boy at this public-house. - On Saturday morning, between ten and eleven o'clock, Burt and several others were in the tap-room, eating ham;

I saw Burt and Sawgood in the tap-room that Saturday night, talking together; I heard them talking about some sausages, which they said they should bring down that night. On Sunday morning I saw Burt and Sawgood eating ham in the tap-room; they must have brought it with them. I saw Taylor on Monday morning - he told me that Burt and Sawgood were taken up for thieving ham; I asked him if what was in the kitchen was part of it: he said Yes; I said, "What must we do? it must not be in the kitchen" - he said, "No, put it away, and if anybody asks for it, say you don't know who brought it." He was taken up.

ELIZA ASHLEY . I am sixteen years old, and live at the Bishop Blaze. On Sunday se'nnight, in the evening, Burt and Taylor were there with several others: they came in together at eleven o'clock: Burt and several more were eating ham. Taylor gave me one ham, and part of another, in the tap-room, at eleven o'clock on Saturday night, to put into the kitchen for him till he went home - Burt and several others were there; I put them into the kitchen. Taylor came on Monday, and spoke to the pot-boy, who went and told master, who spoke to Taylor - he then took the hams away.

BENJAMIN SAUNDERS . I am foreman to Mr. Canfor. - I left the shop about half-past nine o'clock on Friday - the property was safe then. I know these skewers, one is bent, and the other has a broken point: I described them before I saw them. I have no mark on any thing else.

BURT'S Defence. I slept at home on the night of the robbery, and went out about ten o'clock in the morning, and met Sawgood - he asked me to have a pint of beer, and when I got there he had some ham and beef. I went there again between nine and ten o'clock, and had a pint of beer. On Sunday I was out nearly all day, and being late I went and slept at Sawgood's, as my father would not let me in. I went up, and saw the ham and beef - he said a man met him in the Curtain-road, and asked him to take care of it till morning. When I was getting up the officers came.

SAWGOOD'S Defence. On Friday night I was at the Bishop Blaze - I returned home about eleven o'clock; my father let me in - I remained there till morning, when I went out; I met Burt, and went to the Bishop Blaze, and had a pint of beer. I went there again on Saturday - a few words arose between me and Burt; I went home at night, and met a man, who asked the way to Old-street; and when we came to Boot-street, leading to where I live, he said he had a few things, and if I would take care of them till Saturday morning, he would satisfy me - I said I did not like to take things up stairs without my father's knowledge; he said, "Never mind, there will be no trouble about them" - he went, and brought me these things in a bag, and gave me a small ham, just out, for myself - I took them up, and placed them on a table, which would not hold them all - I put the rest in the cupboard, and on Sunday morning I cut some slices off the ham he gave me, and took them to the Bishop Blaze. I got Taylor to take care of a small one. Burt came and slept with me that night - he asked what these things were, and I told him. When the officer came in the morning my mother said I was not at home, she thought; but she called out, John, and I answered. The officer came and took the things off the table; I said there was more in the cupboard.

TAYLOR'S Defence. He left a ham in my care, and, as he did not come at night, I left it with the servant.

Six witnesses gave Burt a good character.

BURT - GUILTY . Aged 19.


Of stealing only.

Transported for Seven Years .


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