5th January 1863
Reference Numbert18630105-249
VerdictGuilty > unknown
SentenceNo Punishment > sentence respited

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249. JOSEPH WHITEHEAD (22) , Stealing 1 box and 18l. in money, the property of William Holland.

Mr. LEWIS conducted the Prosecution.

CHARLES KNIGHT . I am clerk to Mr. Holland, a distiller, of Deptford—on 20th December, a man, not the prisoner, came there; and from what he said I expected some one would come there next day—on the 21st he came again with the prisoner to order some gin—they asked if we did not sell less than two gallons—I said, "No," and they went away together—they came again about 4 the same afternoon, and ordered two gallons of gin, to be sent to 18, Albany-road, Old Kent-road—I booked the order, and the prisoner asked me to show him over the distillery; I said, "Certainly"—the cash-box was at my elbow while I booked the order, and the other man could reach it; he had an Inverness cape on—I heard him behind me when the prisoner asked to be shown over the distillery—the prisoner stood where he was while I was finishing the order, and the other man walked out, and got out of my sight—the prisoner then said, "Well, I will not see it to-day, some other time"—I had used the cash-box half an hour before they came in, and put some cash into it—I had occasion to go to it half an hour after they left, nobody having been to it in the mean time—I then found a different cash-box, empty—there had been about 18l. in mine in cash, and some bills worth from 1,000l. to 1,500l.—I went the same night to 18, Albany-road, but no such person was known—on the Sunday week following I met the prisoner at the Elephant and Castle, and gave him in custody—I said, "I charge you with stealing a cash-box;" he said, "I know nothing about it"—when the first man came in on the day before, the cash-box was in the counting-house, and he could see it.

Cross-examined by MR. PATER. Q. Has the counting-house two entrance? A. No; only one, from the public street—you cannot obtain entrance except the yard—any one wishing to give an order would enter the yard to access to the counting-house—there are about six men engaged in the distillery, and one clerk besides me—I am positive of the prisoner—they called together at 11, and again at 4—it was about half-past 3 when I used the cash-box—it had no compartments; the money was loose in it—there is an attorney conducting this case—I went to the cash-box again an hour afterwards, half an hoar after they came in—I never left it from half-Past 3 till half-past 4, and no person entered the counting-house during that time—it was on a desk; there was no railing to protect it—the counting-house is used by the other clerk—my employer carries on his business at

Deptford-bridge—there is one window in front of the counting-house—I stood at the door when the prisoner left; I did not go out.

MR. LEWIS. Q. Did you send the gin to 18, Albany-road? A. No—I have had no complaint of it not being sent—I went the same evening, and found that nobody of that name lived there.

WILLIAM BETTS . I am a potman, of Tanner's-hill. I heard of the robbery of the cash-box from Mr. Holland's on the same day, Friday—I was then in service at the Royal Albert public-house, New Cross-road, about 300 yards from Mr. Holland's distillery—on that Friday, about 2 o'clock, four men came to my master's house—they had a horse and cart outside—I did not see them come in it or go away in it—they were there about an hour, to the best of my knowledge—the prisoner is one of them; I have no doubt of him—I went in once, and attended on them.

Cross-examined. Q. Was the only opportunity you had of seeing him when you entered the room once for a few minutes? A. Yes—I had never seen him before—I heard of the robbery the same day—Mr. Spears, of Deptford, spoke to me about it casually.

THOMAS JOHNSON (Policeman, P 8). On 30th Nov. Mr. Knight gave the prisoner into my charge—he was told the charge in my presence, and said that he knew nothing about it—he was asked for his address, and he said, "I refuse to give it"—he was searched, and threepence was found on him.

Cross-examined. Q. Where was he taken? A. At the Elephant and Castle, Newington—that is about three miles from Deptford-bridge.

GUILTY .—Police-sergeant WHITE (D 16) stated that the prisoner had been convicted of being found concealed in a lady's bedroom with burglarious instruments, when he was sentenced to three month's imprisonment; and that he was the associate of the most desperate burglars and skeleton key thieves in Seven Dials.— Judgment respited.

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