2nd April 1838
Reference Numbert18380402-1019
VerdictGuilty > unknown

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1019. JULIAN SOMERVILLE, alias Francis Alexander Randall was indicted for stealing, on the 17th of March, 661bs. weight of tea, value 15l., and 1 tea-chest, value 15s.; the goods of Daniel Deacon, and others.

JOSEPH WILLIAM LOVERING . I am a carman in the service of Daniel Deacon, and others. I was driving a wagon of theirs on the 17th of March, about nine o'clock at night, through Oxford-street—I stopped at Charles-street, went to the back of the wagon, and missed a chest of tea, which I had from Fickson & Co., in Queen-street—it was directed to go by Daniel Deacon—it had been on the front of the wagon—my mate was asleep on the top of the wagon.

GEORGE UNSWORTH . I live in Hanway-street, and am a china-dealer On that Saturday, about nine o'clock, I was in Oxford-street, and saw the prisoner reach a box from the wagon—I am certain he is the man—in crossing the road a driver of an omnibus called to him, and a hat fell—he did not stop, but went on—I followed him through Hanway-street—I there saw a policeman—I told him, and the tea was taken on the prisoner's shoulders.

Cross-examined by MR. CLARKSON. Q. Which side of the street were

you? A. On Hanway-street side—the wagon was on the opposite side about seven or eight yards from me—the wagon was close to the pavement on the other side, three doors from Charles-street, and nearly opposite Hanway-street—it was light enough to see the prisoner for he passed me within a yard—I saw a hat fall, and when he passed me his head was bare, that I am quite positive of—I saw another person pick up the hat, it was a black one—the person who had the chest of tea, went up through Hanway street—it winds up to Tottenham-court-road, so that a person cannot see from one end to the other—I never lost sight of the prisoner—the same policeman is here now—I saw no other vehicle passing besides the omnibus.

COURT. Q. How long elapsed between the time of your seeing the man take the chest, and your seeing the prisoner carrying it with his hat of A. Not more than two minutes—I did not lose sight of him the whole time except just the time of the omnibus passing, and it was not above a minute from the time of his passing me, till he was taken.

AARON WOOSTER . I am in the service of Fickson and Co., of Queen-street, grocers. On the 17th of March I sent a chest of tea to Leicester for William Johnson—it was going by Deacon's wagon—Lovering was the wagoner—it contained 60lbs. of tea—this is the chest—(looking at it.)

Cross-examined. Q. How do you know it? A. By the number (1186) on the card, and on the wood.

COURT. Q. Have you any doubt that that is the chest? A. No; one of our clerk's writing is on the card—I am sure of it—it was corded in this way.

MR. CLARKSON. Q. How many hundred chests do you send out in a year? A. I cannot tell—the square ones are all corded in this way—it is the warehouseman's business to make the entries in the books—I am a poster—I carried it from the warehouse, and put it into the wagon—we only sent that one chest off that evening—the warehouseman gives me a note of it, and I give it to the wagoner—I do not always read the addresses, but I did that one, before I nailed it on—I cannot tell what any other address was—his address is "William Johnson, Leicester"—he is not a carrier—I have looked at the direction on the chest to-day.

COURT. Q. You nailed that one on that day? A. Yes; I nailed no other to "William Johnson, Leicester," that day.

JOHN ANSER WHEELER . I am principal clerk to Daniel Deacon, and others. He has other partners.

Cross-examined. Q. How many are there? A. I should think somewhere near twenty—William Johnson, of Leicester, is a customer of ours—this would not be entered in the carman's book till it gets to the wharf, but we are answerable for it from the moment it is delivered to our servant.

EDWARD CAMPION (police-constable E 45.) I took the prisoner with this tea on his shoulder, twenty yards down Great Russell-street.

Cross-examined. Q. What did you find on his head? A. Nothing—no cap—he had the bosom of his coat buttoned, and from the bosom of his coat he took a cap.

MR. CLARKSON to JOSEPH WILLIAM LOVERING. Q. Where was the wagon standing? A. In Oxford-street, on this side of Charles-street—I was at the near hind wheel—my partner is not here—he was lying on some harness asleep—the harness was in the tail of the wagon, a yard or a yard and a half from the chest—it was put in edgeways between the rail and half a

butt of currants—I could not reach it myself to take it off—I was two minutes at the utmost at the tail of the wagon—I called three times to my date when I missed it, and he answered me—I did not lose a hat. Witness for the Defence.

THOMAS MORGAN . I keep the Robin Hood, Shoe-lane. The prisoner was at my house that Saturday evening about six o'clock—he had a small parcel in his hand—I always understood him to be a light porter—he had cap on his head, which he generally wears—I should say this, was the same sort of cap—(looking at one.)

COURT. Q. How long have you lived there? A. Very nearly a year and a half—I am the proprietor.

Prisoner. I am innocent of this charge as any man living—I received at the corner of Great Russell-street, and I had this cap on at the time, and had no other on my head at all.

GUILTY . Aged 46.— Transported for Seven Years.

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