29th October 1829
Reference Numbert18291029-134
VerdictGuilty > with recommendation

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1975. BENJAMIN BARTINGTON was indicted for that he, on the 7th of October , at St. Peter, Cornhill , being in the dwelling-house of Charles Wilson , did steal therein 1 watch, value 2l., the goods of Sarah Hanley ; 1 snuffbox, value 4s. 6d., and 1 hat, value 8s., the goods of Frederick Wilson ; 1 pair of boots, value 3s., the goods of John Robson ; 2 pocket-books, value 10s.; 18 knives, value 10s.; 18 forks, value 10s.; 1 rule, value 8s.; 1 cribbage-board, value 1s.; 1 pencil-case, value 4s. 6d.; 1 book, value 2s.; 1 coat, value 5s.; 1 stone bottle, value 1s. 4d.; 2 gallons of brandy, value 2l. 12s.; 2 half-crowns, 20 shillings, 9 sixpences, and 2 bills of exchange for payment of and value 50l. each, the property of the said Charles Wilson; and afterwards, about one o'clock in the night of the same day, burglariously did break out of the said dwelling-house; against the Statute .

JOHN GRIMES . I am an officer of Leadenhall-market. I have known the prisoner some time - I apprehended him on the Friday after this robbery, which was on the 9th of October; on searching him, I found a pocketbook, a watch, a rule, a snuff-box, and 15s. 6d. in silver; after searching him, having heard of this robbery, I made a search at Mr. Brown's, his master's, and found a great coat, a pair of boots, a hat in a box, containing several books, which I produce; he was Brown's apprentice.

Cross-examined by MR. PHILLIPS. Q. Do these goods refer to this indictment? A. Yes.

CHARLES WILSON. I lived at No. 88, Gracechurch-street , in the parish of St. Peter, Cornhill - it is my dwelling-house. I left home some days previous to the 7th of October - I received a letter on the 9th, informing me I was robbed; I came to town on Monday morning, the 10th or 11th, and missed the property stated in the indictment; I observed that the wood work of one of the locks leading to the shop had been cut away, but not sufficiently to remove the iron work - a window leading to the shop had the wood work removed; I have not a doubt the party had got out of the house by breaking the window open - he had not got in that way; there was no external mark of violence at all: I missed property, including the bills of exchange, to the value of 100l. - I knew the prisoner by sight - he had been on my premises; he was apprenticed to Mr. Brown, a neighbour, who lived about thirty yards

from me, in Half Moon-passage; among other things, I missed this rule - I had left it on the premises, and this pocket-book I can swear to, and this pencil-case - they were in the parlour; I am positive they were safe when I left town - the property was produced by the officer when I came home.

Cross-examined. Q.How soon after the robbery did you see the house? A. On the Monday morning, four or five days after - how it was entered I cannot tell; the bills of exchange were not due at the time - they are worth 100l. - I lost three, but the other was over due, and 12l. had been paid on it - the other two were for 50l. each; the amount of the other property taken out was 15l. or 20l; I believe it is all here - I have no partner.

JOHN ROBSON . I was foreman to Mr. Wilson at the time of the robbery; he keeps a wine-vaults . On the morning of the 8th of October, about half-past five o'clock, I came down stairs to open the bar, and found a great portion of the wood cut from the lock, but it was fast; I opened it, found a drawer open, and a door, leading to Half Moon-alley, was unbolted - a person came in and had a glass of gin, and I found both the tills emptied; I went and told the housekeeper, and alarmed the house - a great coat, watch, and several things were missed; the poker stood under the parlour window; we could trace footmarks under the window on a chair; it appeared somebody had been in the house and broken out; how he got in I could not tell - it is a public-house; I missed a great coat, and a pair of boots of mine from the bar, and found them at the Mausion-house.

Cross-examined. Q.You are the bar-man? A. Yes- people have access to the house in the course of the day; I saw my great coat in the officer's hands on the day of the robbery.

FREDERICK WILSON . I am the prosecutor's nephew. I was alarmed on the 8th by the door bell ringing - I came down at six o'clock in the morning, and found the property gone.

DANIEL BENNETT . I live at this house as waiter. I was alarmed about half-past six o'clock in the morning -I had shut the house up safe at night, and in the morning one of the bolts of the door leading to Half Moon-alley, was unbolted.

Cross-examined. Q. How many servants are there in the house? A. Three - the bar-man, myself, and a maid servant; she is not here - I went to bed about ten minutes past eleven o'clock; the maid servant and housekeeper sat up after me - what they did when I was in bed I cannot tell.

BENJAMIN ALDRED . I am an officer. I was going through Leadenhall-market on Saturday morning, a little after ning o'clock - Mr. Brown called me aside; I went over to a place on the opposite side, and on searching among the baskets I found a two gallon bottle, which appeared to have brandy in it - I took it to the Mansion-house, and locked it up; Wilson arrived on Monday, and on looking over the things with Grimes I found in the pocket-book seven duplicates of articles pawned at Matthews, in the Minories.

CHARLES WILSON. These duplicates are not mine, nor Frederick Wilson's.

SARAH HANLEY . I am housekeeper to Mr. Wilson. I was alarmed on the 8th of October by John Robson - I know nothing of the prisoner - the watch produced is mine, and was left on the parlour mantel-piece that night - this is it; the other things were all in the house on the 8th - the robbery must have been done in the night.

Cross-examined. Q.It was quite day-light when you got up? A. Yes.

JOHN GRIMES . I found that watch on the prisoner's person, in his fob.

Cross-examined. Q. Where did you see him? A. In Leadenhall-market, at his master's house; I said before that I found the watch on him on the 9th.

CHARLES WILSON . The pocket-book and other things are my property - the thieves had evidently broken out of the house, from the appearance of the premises.

Cross-examined. Q. You did not see it for five days after? A. No - I speak from the nature of the fastenings.

Prisoner's Defence. On Friday morning I was in the coffee-house in Leadenhall-market, taking a cup of coffee- as I came out a person, apparently a poulterer, asked me to let him leave the things at our shop till he called for them in the evening; I said I had no objection, not knowing they were stolen.

RICHARD BROWN . I am a Submonger, and live in Leadenhall-market - the prisoner was my apprentice between four and five years; he bore a good character.

COURT. Q.Did you know any thing of the pocketbook and rule? A. Not till they were found; I know nothing of the great coat or boots - the prisoner must have taken them there; I cannot say how they got on my premises - there is only myself and son occupy the premises besides the prisoner; one of us must have placed them there.

Prisoner to JOHN GRIMES . Q.In what part of Brown's premises did you find the goods? A. Part were in Brown's shop and the counting-house; they were secreted there.

Three witnesses gave the prisoner a good character.

GUILTY - DEATH . Aged 20.

Recommended to Mercy by the Prosecutor and Jury, on account of his youth and good character.

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