11th May 1835
Reference Numbert18350511-1310
VerdictGuilty > unknown; Not Guilty > unknown

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1310. FREDERICK ALLEN and EDWIN CHAPMAN were indicted for stealing, on the 14th of May, 98lbs. weight of sugar, value 50l., the goods of William Dadds and another, the masters and employers of the said Frederick Allen.

MR. DOANE conducted the Prosecution.

ROBERT DADDS . I carry on business with my brother William; we are wholesale grocers, and live in Leadenhall-street. On the 14th of May, this hogshead of sugar was sent out, but I did not see it—I received information, and went to Gray's-inn-lane, where I found Allen, with our cart and horse—I heard that an accident had happened—the hogshead was in the road—I looked into the cart, and saw Allen in the act of removing a bag of sugar to the front of it—he was ourcarman—I asked what he had got there—he said the sugar which he had picked up out of the road—I examined the hogshead, and on looking to the drawing-hole, I perceived the tin was off, which caused my suspicion—the hogshead was perfect except that—I gave Allen into custody after he returned to our house—the bag contained 98lbs. of sugar, worth about 2l. 10s.

WILLIAM JOHN JACKSON . I am warehouseman to Messrs. Dadds. On the 14th of May, about half-past six o'clock, I saw a hogshead of sugar weighed; it was fifteen hundredweight three quarters—I gave it to Allen, to take to Euston-square—I did not see him again—at a quarter-past eleven o'clock the same night I saw the hogshead of sugar, and I weighed it again the next morning—I had seen the hogshead put into Allen's cart; there was nothing else in the cart; there was no bag—when I weighed the hogshead again, it weighed fifteen hundredweight all but fourteen pounds; there was a deficiency of ninety-eight pounds—I took the bag of sugar out of the cart myself, when it came back, with the officer—the sugar in the bag weighed ninety-eight pounds—Allen told me he had picked it up in the cart, and put it into the bag—I recollect, when the hogshead went out, the drawing-hole was quite perfect, and a square piece of tin was nailed over it—I did not see the tin again; it was off the hogshead.

Cross-examined by MR. PHILLIPS. Q. Where did you put the sugar that night? A. In the warehouse.—Mr. Dadds had the key; I gave it him that night—there is but one key—there were some boxes of fruit in the cart, and two more hogsheads of sugar, of very different qualities; but there was only one hogshead in when the accident happened—I was not there at the time—in the progress of the journey, the hogsheads might have knocked one against another—Allen never denied that the sugar had been in the hogshead; he said it fell out, and he picked it up—he had been two or three months in the prosecutor's employ.

MR. DOANE. Q. You having seen the drawing-hole, in your opinion, if the two hogsheads had knocked together, would it have forced open that hole? A. No; the sugar did not appear as if it had been in the road; there was no dirt on it; it was a very wet night.

THOMAS ELLIS (police-constable G 103.) I recollect the accident happening to the cart, in Gray's-inn-lane. I went to the spot, and saw Allen in a short time—I asked him who the man was that was hurt—I had before seen Chapman being carried to the doctor's—Allen said it was a poor

man whom he had picked up on the road, and given him a lift—I saw one hogshead of sugar—I assisted in getting the horse, who had run away—after that, I said to Allen, "You had better get into the cart and remove these plums before I let the tail-board down"—after he had removed part, I saw a sack, with something in it; he drew it towards the front of the cart—Mr. Dadds came up, and asked what that was; Allen said, gome sugar, which had fallen out, and he had picked it up in the road—I saw the sugar; it certainly did not appear as if it had been in the road—I then went with the cart to the prosecutor's—Allen there said, it had got out of the hogshead into the cart, and he picked it up in the cart—he was then given into my custody—I told the warehouseman to bring me a piece of string and some sealing-wax; and the bag was sealed up till the morning—I saw it next morning, and saw the hogshead weighed.

Cross-examined. Q. Was not the cart in the road? A. Yes; it was tilted up, the shafts were up in the air.

JOSEPH WEBB . I live in Pinder's-place, Gray's-inn-road. On the evening of the 14th of May, I was in Gray's-inn-road; I saw the cart, with the horse hanging up; there was a hogshead of sugar and two boxes in it—I went up to give assistance—Allen said there was a man behind, that the hogshead was upon him; and he was sure he was killed—we cut the tarpaulin to get the hogshead out, and Chapman, who was under it, was taken to the doctor's, insensible—I saw the hogshead taken out of the cart, and placed in the road—I was there the whole time the cart was in the road—no sugar came out into the road there was no tin over the hole then—when Mr. Dadds came up, Allen said he had got some sugar in the bag, which he had picked up out of the street, and then he said he picked it up out of the cart.

Cross-examined. Q. Did he say both things in the same place? A. Yes—I have heard the policeman say that it was after he got to the prosecutor's that he said he picked it up out of the cart—I am sure he said "street" to me—I do not know whether Mr. Dadds was close to me at the time he said it—he was on the spot—I and others were assisting to get the wounded man out; I cannot say whether Mr. Dadds was near enough to hear it—it was Mr. Dadds who put the question to him—I saw the hole in the cask—if any sugar came out it could not be above a pound or a pound and a half—not such a quantity as this produced.

Allen's Defence. Webb is a false-swearing man—I leave the rest to my Counsel.

(John Hughes, a cow-keeper; and Sarah Cresswell, of Christiana-street, St. George's, gave Allen a good character.)

ALLEN— GUILTY . Aged 21.— Transported for Seven Years.


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