3rd March 1856
Reference Numbert18560303-352
VerdictGuilty > unknown; Not Guilty > unknown; Guilty > unknown

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352. JOHN JONES, JOHN WILLIAMS , and RICHARD WILSON , feloniously breaking and entering the dwelling house of John Faulkner, and stealing 1 iron box, 7 spoons, and other articles, value 20l., his goods.

MR. METCALFE conducted the Prosecution.

JOHN FAULKNER . I live at No. 3, Eden-grove, Holloway. On the morning of Christmas Day, about a quarter past 10 o'clock, I left my house—I had locked the doors myself, and the outer gate and the windows were all fast—I returned at half past 10 o'clock at night—I came to the outer gate—I found it had been unlocked, and was open—I went up the steps, and put my key into the house door, to unlock it—I found it had been unlocked, and was left unlocked—I went in, and found the back parlour and front parlour in confusion—the drawers had been broken open—I missed an iron safe from my bedroom—it had been safe in the morning, and had deeds and papers in it—I missed seven silver spoons and some other articles—I found the house, had been broken into by the front kitchen window, and the window shutters had been forced back—my house is in the parish of St. Mary, Islington.

COURT. Q. Have you a garden in front? A. Yes, twelve or thirteen feet deep—the window of the kitchen it level with the pavement—there is a sort of dip before it.

WILLIAM PITTMAN . I live at No. 1, Burnard-terrace, Edengrove, about 100 yards from Mr. Faulkner. On the morning of Christmas Day I saw a dog cart—a person was driving it backwards and forwards by my window—it was about half past 10 o'clock—I think Wilson was the driver, but I am not prepared to swear it—soon after the people had gone to Church I saw the cart coming back facing me, and I saw three men, Jones and two others—the cart was then coming back in the direction of the prosecutor's house, and the three men were coming from the house to meet the cart—they were coming from the direction of the house—they were all dressed very respectably, in black—there is a shut up house with two entrances, and Jones placed his back against that door which was facing me—he was talking to the others—they all stopped facing my window, as they seemed to come in a direction from Mr. Faulkner's—I was shaving myself at my window opposite—the dog cart came to them, and they had further conversation for ten minutes—there were then four men—the width of the street from my window is about twenty-five yards—the three men went towards the prosecutor's house—the dog cart waited a little time, and then it went in the same direction, and I saw no more—I went to the Thames police station, to recognise Jones—I think that was on the Monday, five or six days after.

Cross-examined by MR. W. J. PAYNE. Q. How far is your house from Mr. Faulkner's? A. I should think about 100 yards—I was at my window, and a person came and stood with his back to the railings opposite me—he might see me if he looked—I do not know that he did—I laid my razor down when I saw the four men—there was only a half blind between us—I had never seen that person before—I saw him at the police court some days afterwards—he was in the cell with five or six or seven others—I was asked if I knew either of those prisoners—I said, "Yes, that is one"—the prosecutor took me there to see if I knew either of the men—it might be more than four or five days aftewards that I went—it was not so late as 20th Jan.—it was a mouse coloured horse that was in the dog cart.

Cross-examined by MR. DALEY. Q. Would you say it was a black hone that had been clipped? A. No, I do not think it had—I have seen a mouse coloured horse that had not been clipped—I had one that turned mouse coloured—I had it six or seven years—it was born black, and turned mouse coloured—I can undertake to say that the horse in the dog cart was not a bay horse.

MARY WITTINGHAM . I live at Claremont-cottage, exactly opposite Mr. Faulkner. On the morning of Christmas Day I saw a dog cart opposite Mr. Faulkner's house—it was drawn up close to the kerb stone—it was about half past 11 o'clock when I first saw it—there was one man sitting in it, holding the reins and whip—I cannot tell who it was, I did not see him face—I have no belief as to who it was—I saw Jones standing by the shaft of the cart, with his face towards the horse—I had an opportunity of seeing him for the half hour they were there—I saw one man in the garden just by the side of the gate—when I first saw him, he was going towards the kitchen window—I did not see anything particular after that till they opened the street door, and came out, bringing a chest—two men did that, one had got one handle, and the other the other—it appeared to be an iron chest—they placed it in the dog cart—one of them then returned up the steps, and pulled the door just to—they then all four stood by the cart, with their faces towards the cart—the man that had been in the cart had got out when they brought the chest outside the gate—they put the chest into the cart, and then put themselves to rights, and got into the cart—the man who had been in the cart, holding the reins and whip, got up behind, and to the best of my belief it was Jones drove the cart away towards the Holloway road—I have since seen a cart at Hoxton, and I should say that was decidedly the same cart that I saw on Christmas Day, and I have every reason to believe the horse I saw was the same, but he was in a different condition—he was very dark, I should say nearly black—I do not recognise either of the other prisoners, except that the back and shoulders of Wilson look like the man that sat in the cart—I said so at the police court.

Cross-examined by MR. W. J. PAYNE. Q. Were you at the first floor window? A. Yes—I had never seen the persons who were by the dog cart before—I can see the four top panes of the prosecutor's kitchen window from my house—there is a box tree which prevents my seeing the lower part—I was watching them the whole time—I saw some one in the garden, and I saw some men come out of the door—I expected there was something wrong, but I was not aware that I could give them into custody on suspicion—I named it to my landlord, but he had no faith in such a thing—he said it was impossible—I was examined before the Magistrate on 9th Feb., and after that I saw these men at the police office—I should say the horse in the cart was dark brown, or nearly black.

COURT. Q. Were you examined more tnan once? A. Yes—I only signed one deposition—I believe that was on 9th Feb.—it was a long time after Christmas that I went to the police office—I was there the day that Mr. Pitman went, but he was there before me.

COURT to MR. PITTMAN. Q. How soon afterwards did you see Jones again? A. I think the latter end of Jan.—I think four or five days before I went before the Magistrate.

HARRIET GUTTERIDGE . I am the wife of James Gutteridge, and live at No. 10, Burnard-terrace, Eden-grove. On the morning of Christmas Day, between

11 and 12 o'clock, I passed Mr. Faulkner's—I saw a dog cart standing at his door, and Wilson was in it—I noticed him, because he resembles a person I know very well, I at first thought it was him—I saw a stout man at the head of the horse—I could not swear to the face of that man, but I can to his figure—I had to wait at the corner of Cornwall-place for an omnibus—while I was standing there the dog cart passed me, and there were then four men in it—I have seen the same dog cart since, and the horse.

Cross-examined by MR. DALEY. Q. You only saw Wilson once? A. I saw him twice—he was in the same seat, in the back of the cart, and his face resting on his hand—it is months ago since I saw the person who resembles him—it was before Christmas—when I saw Wilson the second time, the horse was trotting—when I went to the police court Mrs. Wittingham was with me—I had no particular reason for noticing Wilson, except that he resembled a person.

Q. Did you ever say that you noticed him because he was laughing? A. He was smiling, and I thought he was smiling at the persons there—I heard him laugh, which made me look at him, and I saw he was like a man I knew—the man I know is about twentyfive, he has little whiskers—his eyes are blue—when I got to the police court I believe the person with me said that the men had not got the same clothes on, before I identified them—the policeman said they had some of the men in custody.

NATHAN GILBEBT (policeman, M 215). I know all the prisoners by sight—they are companions—I have seen them together—on Christmas Day I saw them all three, about 10 o'clock in the morning—I saw Jones and Wilson in Mr. Perry's yard—he is a livery stable keeper, in Swan-street, Trinity-street, in the Borough—Jones came out and went up Trinity-street he afterwards came back, and just as He came back, Wilson drove the dog cart, with a black horse, out of Mr. Perry's yard—he went into Swan-street and Jones got up into the cart—they drove to Stone's End, and into Blackman-street, then Williams got up in the cart, and they all drove away together—I have since seen the cart at Mr. Perry's—it was the same cart that I saw driven out.

THOMAS RICHARDS . I was a serjeant of the M division, and am superannuated—I have known all the prisoners the last five years—I have seen Jones and Williams together frequently till within the last three or four months.




(Jones and Wilson were further charged with having been before convicted,)

JONATHAN WHICHER (police sergeant, A 27). I produce a certificate (This certified the conviction of James Punt Borritt in this Court in Feb., 1852, for being at large before the expiration of the term for which he had been ordered to be transported for life, and previous to that to be confined for six months)—Jones is the man—I know him well, he has been two or three times in custody.

THOMAS RICHARDS re-examined. I produce a certificate (This certified the conviction of Thomas Richards, in Dec., 1853, at the Surrey Sessions, of house breaking, after a former conviction, and that he was sentenced to six years penal servitude)—I was present—Wilson is the man—he had been twice before convicted—he escaped from servitude, and had not a ticket of leave.

JONES—GUILTY. Aged 55.— Transported for Fifteen Years.

WILSON—GUILTY.—(See next page.)

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