11th September 1828
Reference Numbert18280911-66

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1623. JOHN CLARK was indicted for stealing, on the 3d of September , 1 half-sovereign, 5 shillings, and 4 sixpences, the monies of William Cavers , from his person .

WILLIAM CAVERS. I am a gun-implement maker . I was at Bartholomew-fair , with my son, between seven and eight o'clock in the evening, and lost half a sovereign, and 7s. in silver - there were four sixpences, I believe: the mo

ney was loose in my trousers pocket - I was inside Wombwell's booth; I felt somebody at my pocket, turned round, and saw the prisoner - I found his hand near my pocket; he was drawing his hand from my pocket - my money was safe ten minutes before; I was sure it was the prisoner's hand that came from my pocket, for nobody else was near me, except my two children, one of whom was in my arms, or I could have taken him in a moment; I put the child down in a minutes and a half, and was going to secure him, but he had disappeared: I went to the door, to inquire for an officer - the people at the door said they kept no officer; I said I had been robbed by a person who I knew - I am certain the prisoner is the person whose hand I found coming from my pocket - I remained there a quarter of an hour, and then found him in the same booth.

Cross-examined by MR. CHURCHILL. Q. You turned round and saw somebody near you? A. It was the prisoner; there might be one hundred or one hundred and fifty people in the booth, but nobody except the prisoner was near me, for I did not like to trust my children in the crowd, who were following the keeper, as he gave a description of the beast - I explained them to my children myself; the prisoner's hand was in my pocket - I felt it there; I did not see it in my pocket - I saw his face: I cannot say whether he went out of the booth, but he disappeared in an instant; I cannot say whether he ran, for the child, being on my shoulder, was a total eclipse to me. When I went to inquire at the door for an officer, the people said "People who come to the fair, must take care of themselves."

CHARLES CAVERS . I am the prosecutor's son, and am eleven years old: my little brother was on my father's shoulder - the prisoner was talking to us, and telling us the nature of the wild beast - we were looking at the elephant and he was walking round us for a good bit; my father turned round and caught his hand pretty nearly close to his pocket - I am sure it was his hand, nobody else was near; the people were quite on the other side of the booth - I did not know the prisoner before.

Cross-examined. Q. How many people's hands were pretty near your pockets that night? A. I saw none but the prisoner's - we were quite away from the crowd; the prisoner was on my father's left side, drawing his hand from his pocket - I saw that.

JOHN LACEY HAWKINS . I apprehended the prisoner going out of the fair, in Duke-street; I found him in the prosecutor's custody out of the booth, and took him to the Compter - I found 5s. 6d. in his pocket.

Prisoner's Defence. I was standing by the side of the gentleman; he said "What, do you want to pick my pocket? I shall keep you, for the other one I have lost."

WILLIAM CAVERS . Before I took him, I asked my son if he should know him; he said Yes, and as I came out of the booth, I felt a touch at my pocket; I turned round and seized the prisoner, and in about two minutes I was surrounded by eight or ten persons, and thought I should have been overpowered by them - he declared he was nothing but a gentleman.

Cross-examined. Q. How came you to say, you should keep him, for the other you had lost? A. I said no such thing: immediately I seized him, he said "It was not me you have made some mistake, I am a gentleman;" I said I would keep him till I had proof that he was so, for he was the person whose hand was in my pocket - that was the second attempt.

GUILTY . Aged 34.

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