9th July 1838
Reference Numbert18380709-1748
VerdictNot Guilty > unknown

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1748. JOHN HANDS and CHARLES DIXON were indicted for burglariously breaking and entering the dwelling house of George Brown, about the hour of twelve in the night of the 27th of April, with intent to steal, and stealing therein 3361bs. weight of whalebone, value 30l. the goods of the said George Brown.—2nd COUNT, calling it a warehouse instead of a dwelling house.

MESSRS. PHILLIPS and CHAMBERS conducted the Prosecution.

GEORGE BROWN . I live at No. 10, Foster-street, Half-moon-street, in the parish of St. Botolph, Bishopsgate. On Friday night, the 27th of April, I fastened up my warehouse, between eight and nine o'clock—it is separated from my house, and no one sleeps in my warehouse—the next morning I went to my warehouse about six o'clock—it was not fastened as I had left it—the front door was closed to, but unbolted—I bolted it inside when I left it and then I went through the yard to my own house—I fancied that some of my own people had concealed themselves in the warehouse, and then unbolted the front door and gone out and pulled the door to after them—I had fastened the door with an iron poker and two bolts—the poker was taken out and laid on the bench—I missed twenty-eight bundler of whalebone—on that night fortnight I saw some of the whalebone I had lost at the Spitalfields station—a man of the name of Marsh was in my employ at the time I lost the whalebone, and James Moneghan also.

JAMES MONEGHAN . I was in the employ of Mr. Brown, the prosector and am his nephew. On the 11th of May I went to the house of a man named Robert Marsh—I went with Marsh, in a cab, to the bottom of a street, and in a little time the prisoner Dixon came—I had before Dixon came had some conversation with Marsh about the whalebone—when Dixon came up Marsh was present—when Dixon came up he addressed me in the presence of Marsh, and said to me, "Give me the money; I will give you the bone"—I said I would not before I got the bone—Dixon said he could not trust me more than I could trust him; how did he know that there was not somebody watching—he then told us to get into the cab—Marsh, Dixon, and I got into the cab, and we went to Bell-lane, Spitalfields—I observed, while Dixon was in the cab, that he was looking out at the cab door all the while—when wearrived opposite the door of No. 2, Bell-lane, it was about a quarter before eleven o'clock at night—the street door was open, I think—Dixon took me in, and into a dark room—he laid hold of me, and put my hand on the bone—he said, "Now are you satisfied! here is the bone; give me the money"—I said, "Yes," and I gave him 10l.—my uncle had given me 12l., but he told me to keep back as much as I could—there was some higgling about the additional 2l.—Dixon said he would not let me have the bone without I gave him the other 2l.—I said to Marsh, who was present, "Don't you think I deserve 2l. for my trouble Bob?"—Dixon said he would give me 1l.—I said, "No; I will have 2l.—I kept the 2l., and was in the act of removing the bone away, when the policeman took me and the bone—I was taken to Worship-street the next day.

GEORGE CHRISTOPHER HYMNS . I live in Harp-alley, Long-alley, Moorfields. I know Robert Marsh and the two prisoners—I was at the Robin Hood and Little John public-house, in Skinner-street, Bishopsgate, about twenty minutes past nine o'clock, on the night of the 27th of April, when Marsh and the two prisoners were there—I know Mr. Brown's premises—I and my father used to work there—his warehouse is fifty or sixty yards from the Robin Hood and Little John—Marsh staid there till about twenty minutes to ten o'clock—he then went out, and the two prisoners went out about ten minutes after Marsh did—the prisoners came back in about five

minutes, or rather better, and then Dixon changed his hat for a cap with a young man in the tap-room, and then Hands changed his hat for a cap with a man of the name of Herbert—Dixon then said to the inan he changed with, that he was going after some whalebone in Foster-street—Hands was dose to him—Marsh was not there then—the prisoners then went away, amd in about a quarter of an hour or twenty minutes I went out to go home—in my way home I saw the two prisoners at the corner of Long-alley, which is about sixty yards from the public-house, and twenty or thirty yards from Mr. Brown's premises—there is a way from the corner of Long-alley to Mr. Brown's premises, up Peter—street—the prisoners had the caps on their heads, and I observed under the side of Dixon's coat a dark cloth—it seemed a kind of towel cloth, or wrapper—I heard Hands say to Dixon, "Come, on, Charley; we shall be too late"—they then went on, towards Peter-street, in the line to where Mr. Brown lived.

Cross-examined by MR. PAYNE. Q. Whose employ are you in? A. My father-in-law's—he is a bricklayer—I have been employed by him about eleven months—before that I was in the employ of Mr. Self, of Watling-street—before that I was out of a situation for a long time—I was in Bridewell for three months, as I was enticed away by a young man to pick pockets—that is the only time I was in custody—I was not in Mr. Brown's employ, only doing bits of jobs with my father—I know his premises well—I had been on them once or twice—I knew Marsh some time—I know nothing of Moneghan.

COURT. Q. Did you give information immediately when you found they were going to Foster-street? A. No—Mr. Brown came to me—there was a man of the name of John Groom in the public-house when this robbery was talked of—I spoke to him, and he said, "Never mind, let them get their living in the best way they can"—Groom was a kind of pot-boy in a house in Long-alley, but he did something, and is gone away—there was Herbert and Atterbury, and others in the public-house—I do not know what has become of Marsh—I have not seen him since the night the robbery was done—I do not know what the prisoners were waiting for from the time they went out of the public-house till I saw them—I am quite sure I did not get nearer to the prosecutor's premises than within thirty yards—I went straight home, and told my father-in-law of it.

Hands. I never was at the Robin Hood that night—I never met this witness at the corner of Long-alley—I never changed my hat with any one—Herbert is now in the Compter for stealing lead.

GEORGE DEVEREUX BOLTON (police-constable H 49.) About eleven o'clock on the night of the 11th of May, I saw a man with a horse and cab—I stopped opposite No. 2, Bell-lane—I did not see anybody go into that house—I looked in, and I saw Moneghan and another person come to the door—I could not ascertain who that other person was—they came to the door, looked out, and then went in again, leaving the door open—I went over to the house, and saw Moneghan in the act of removing a bag, which was very bulky, out of the front room in the dark, into the passage—there were a number of persons outside round the door, but no other (person in the passage—I had some conversation with Moneghan, and kept him in custody—he gave me an account of the whalebone, and what he gave for it.

JAMES WALTON (police-sergeant H 3.) On the night of the 11th of

May, about eleven o'clock, I went to No. 2, Bell-lane. I found a bag containing whalebone in the passage—I went into the parlour—there was no light in the parlour—I had my lantern before me—I found in the parlour two more bags, which also contained whalebone—I took the three bags to the station, and have kept them ever since—these are them—(producing them.)

JOHN FOWLS . I live in Brook-street, Ratcliffe. I drive a cab. On the 11th of May the witness Monegban came to me first, on the Bishopsgate-street rank—he said he wanted a cab—when we got near the corner of Bell-lane he told me to stop, and we were joined by two persons—the whole three then got into the cab—I drove to Whitechapel, and at last stopped at No. 2, Bell-lane, by their direction—they all three went into the house—I did not see any policeman watching then, but there was one almost directly afterwards—in about a quarter of an hour after the three persons went into the house, two of them came to the door again, and when they had gone in, I saw Moneghan come with a bag, almost to the door, and the policeman took him.

JOHN ALLEN (police-constable H 34.) I took the prisoner Dixon into custody on the 24th of June, in Austin-street, Bethnal-green. I asked him if his name was not Dixon—he said, "No, my name is John Martin"—said I had information of the whalebone robbery, and I believed he was concerned in it, he said he knew nothing of it.

DANIEL PAMPLETT . I am a City-patrol. I knew Dixon before the 24th of June—on that day he was brought to Bishopsgate watch-honse—I was called out of bed, and came down to see that it was him—he was sitting with his hat right over his eyes, and was hanging hit head down—I said, "Hold up your head"—I took off his hat, and said "It is Dixon"—he used to have two beautiful curls, one on each side; and they were then both cut off—I believe he said, "My name is Dixon"—I had seen him a short time before the 11th of May, at the corner of Sun-street, and he ran away—he knew I was after him, as I had been to his mother's house, where I knew he resided—I wanted him for this robbery—I received information, and went to Chatham on the 28th of June, and found Hands and took him—I told him what I wanted him for—he said he knew nothing about it.

(Property produced and sworn to.) NOT GUILTY .

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