5th September 1833
Reference Numbert18330905-14
VerdictGuilty > lesser offence

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Second Middlesex Jury, before Mr. Justice Patteson.

1215. TIMOTHY BOWSER was indicted for feloniously breaking and entering the dwelling-house of James Carpenter , on the 14th of August , and stealing therein two live tame rabbits, value 4s., his property .

JAMES CARPENTER. I keep the Bricklayers Arms, North-street, Marylebone - I keep rabbits in my back kitchen, which is part of the dwelling-house; it is under a lead flat adjoining the house; there is a space of a yard and a half between the back-door of the house, and the kitchen, it is a passage covered with lead; it has a wall on one side, and it is open on the other - I missed two rabbits about eleven o'clock at night, on Wednesday, the 14th of August, after I had shut the house up - I had seen them at three o'clock that afternoon in the back kitchen - nobody slept in the back kitchen; I locked the back kitchen up at three o'clock that afternoon, and at eleven o'clock at night on going to feed them, the lock was off, and the two rabbits gone - the key hung up in the bar; the lodgers use it as well as I do - I found the padlock off and laying on the kitchen dresser, and the door wide open - a small poker which used to

be in the tap-room, laid on the drawer; the door was not at all injured - the staple of the lock was not broken, but the lock knocked off - I saw the rabbits next day in the possession of Brain, in Stingo-lane; one was spotted, and the other's ears lop down instead of standing up - I have had them about three months - I have no doubt of their being mine - they are worth about 2s. each.

JOHN SHORAY . I live in Grafton-court, Marylebone, right facing the Bricklayers Arms. I know the prisoner by sight - I saw him with a lot more in Mr. Carpenter's house; I cannot tell on what day, it was about a quarter to eleven o'clock - he went out of the tap-room and came back again in about three or four minutes; he had nothing with him - I did not see anything in his hands; I did not take any notice of him - he stood in the taproom, and then we all went out together about eleven o'clock, as it was time to shut up, and he ran across the road out of the tap-room with two rabbits, one under his arm, and one in his hand; he ran across the road with them - he ran into the back yard from the tap-room - I did not see him come out of the back yard, but he got out into the street in two or three minutes, and ran across the road - I knew the rabbits to be Carpenter's; I had seen them before - they were kept in the back kitchen - he had nothing in his hand when he went out of the tap-room.

WILLIAM BRAIN . I live in Stingo-lane, half a mile from the Bricklayer's Arms - I know the prisoner by sight; he came to my house on the 15th of August; he brought two rabbits - I was not at home, he came again in an hour's time, when I was at home, and asked me to buy them, he said, he had won them the previous night, at a raffle, and asked me 4s. for them; I said, I was rather overstocked and did not want them; after standing a little while, he said "I have no where to put them, what will you give me for them," I said 3s., and after a short time he took the 3s. and went away - I heard in the afternoon that Mr. Carpenter had lost some; I fetched him to my place; he saw them and claimed them, that was the same evening - I have them here.

Prisoner. I said I bought them of a man who said he had won them at a raffle. Witness. I understood him to say he had won them himself.

DANIEL DUTCH . I went with the prosecutor in search of the prisoner, on Thursday, the 15th of August, and found him in the skittle ground at the Rock, public-house, Lisson-grove; Carpenter pointed him out, and I took him, and told him it was for stealing two rabbits; he said, "Very well, I will go with you."(Property produced and sworn to.)

Prisoners Defence. I bought them in Mr. Carpenter's tap room, of a man who said he won them at a raffle, that he wanted money, and I gave him half-a-crown for them - I never went into the back yard at all.

GUILTY of stealing only . Aged 20.

Transported for Seven Years .

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