26th October 1826
Reference Numbert18261026-108
VerdictGuilty; Guilty

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1900. JAMES DAY and WILLIAM SMITH were indicted for stealing, on the 8th of October , 1 set of harness, value 2l.; 1 saddle, value 20s., and 1 bridle, value 5s. , the goods of Robert Wroots .

RICHARD FLIGHT . I am a carman. Robert Wroots is a linen-draper , and has a stable in a small mews in Wells-street - I occupy part of the same stable and coach-house. I locked the stable door one Saturday night in October, between nine and ten o'clock - I cannot say what day; I left the set of harness, saddle, and bridle all safe - I heard in the morning that the stable had been broken open, came down, and missed the articles stated; they belonged to Mr. Wroot - I saw them again at the watch-house; the prisoners were strangers.

JOHN WAUGH . I was coming down Union-street, about half-past six o'clock on Sunday morning, the 8th of October, about one hundred yards from the mews; I saw the two prisoners, and watched them - they went up the mews, and appeared to go towards the prosecutor's stable; I

waited about ten minutes, when they came out, and Day had this bag with the harness and saddle in it; Smith had the bridle - I went and told Mr. Bell; I saw Day throw away the bag; I went and took it up; they were in company together.

Cross-examined by MR. PHILLIPS. Q. Did you see Smith throw anything away? A. No; he had the bridle in his bosom - I might be twenty or thirty yards from them.

COURT. Q. Were you near enough to see him? A. Yes; I passed them when they were crossing the mews - they went in with nothing, and came out with these articles.

ABRAHAM BELL . I had just finished taking down my shutters, at the corner of Mortimer-street, when Waugh gave me information; I ran out, and saw the prisoners going down Mortimer-street, one on each side; Day was carrying this bag; I ran after them, and he threw it down - I pursued him down Titchfield-street, and into another street, where I collared him, without losing sight of him - I called Stop thief! and another person took Smith; I am quite sure that Smith run at the same time the other did - I saw him again at the watch-house.

Cross-examined. Q. Were their backs towards you? A. Yes; my observation was chiefly directed to the man with the bag.

COURT. Q. How was the man dressed who ran away? A. He had a blue round-frock on, like a butcher's-frock; Day had a fustian jacket and trousers. When I got to the watch-house I found Smith there, in the same dress as the man who ran away, but I had not seen his face.

JOHN MILLER . I am a watchman. I was coming off duty at half-past six o'clock - I heard a cry of Stop thief! in Margaret-street, and saw Smith running towards me - he was the first person running; I took him into custody when he had run down Margaret-court - he had a bridle in his hand, which he threw on some rails.

THOMAS BUBB . I am a watchman. I heard the cry of Stop thief! and saw Smith running in Margaret-street; he made into Margaret-court, and I followed him; when he had run about ten yards he threw this crow-bar from him; I took it to the stable door; it fits two marks there exactly - I have not the least doubt it was opened with it.

HENRY STOWELL . I am an officer. I went, and tried this crow-bar at the door - it fits the marks exactly.

ROBERT WROOTS . This is my property - I had left it in the stable, which I rent - Mr. Flight has a part of it.

DAY'S Defence. I was looking for work, and met this young man - we saw this harness on a dung-hill; we went on, and I said to him, "That is no good laying there - we may as well take it to some office," and we were going to take it there.

SMITH'S Defence. We saw these things, and were taking them to an office; I put the bridle into my hat, and the bar into my pocket.

DAY - GUILTY . Aged 25.

SMITH - GUILTY . Aged 27.

Transported for Seven Years .

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