26th February 1849
Reference Numbert18490226-684
VerdictGuilty > with recommendation

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684. HENRY CUMINE BURCHETT , stealing 228 lbs. of rope, value 18s.; the goods of Richard Henry Maloney, in a vessel in a port, &c.

JOHN SHEPPARD I am a constable of the East and West India Docks—I stopped Habgood at the gate on 31st Jan.—he had a truck laden with 228 lbs. of old rope—I would not let him go through—he had this pass, but I told him to go and fetch the Captain—he went back and brought the prisoner, and said he got it from him—the prisoner said, "It is all right"—I said, "I won't take your word for it; I will go and see the Captain myself"—I went on board the brig Betsy—(the pass describes it as having come from that ship)—I met the Captain on the quay, and went on board again, in consequence of what he said—the prisoner had then absconded—he was afterwards brought to the police-office in the Docks—I told him he was charged with stealing the rope—he acknowledged that he had altered the pass, and said he was induced to do so by the apprentice—I saw the rope; it was 228 lbs.

JOHN HABOOD I am a dealer in marine-stores; I live in Robin Hood-lane, Poplar. On Wednesday, 31st Jan., I was stopped at the gate of the Docks—I had been on board the Betsy—I saw the prisoner, and no one else—I asked him if he was the person that bad some rope to sell—he said he was—I went to the forecastle with him, and he showed me this lot of ropehe wanted 10s. for it—I gave him 5s. 6d.—I asked him for the Captain's pass to take it out, and he gave me this pass—I was stopped—I went back to the prisoner and said I was stopped at the gate—he went and told the gate-keeper it was all right—he would not allow it to pass—this is the rope—a shipkeeper from another ship had come to me, by the prisoner's orders, and told me there was some rope to sell.

RICHARD HINRY MALONET I am master of the Betsy—the prisoner was put on board to take care of it—this rope belongs to me, I had seen it safe on the evening previous to the sale—I told him to get it all collected, as I intended to sell it the next morning—I left a pass for two empty casks on the hamper.

Prisoner's Defence, On the 30th Jan., the apprentice came and said that the Captain had given orders for me to sleep on board; he left in the morning, and said a man would come for this rope; he told me there was a pass there, and to put the old rope on it; this man came on board, and I asked whether he was the man to buy the rope, he said, "Yes;" he was stopped at the gate, and after that I went home; the next morning I went down to the station.

RICHARD HENRT MALONEY re-examined. There was an apprentice on board who represented the prisoner as his cousin—he asked me to let the prisoner be on board the ship to look after it for his victuals—I agreed to it—this pass is my writing, but there is an alteration on it.

GUILTY Aged 19.—Recommended to mercy Confined Six Months.

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