Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 21 May 2018), June 1785, trial of CORNELIUS MARNEY (t17850629-33).

CORNELIUS MARNEY, Theft > theft from a specified place, 29th June 1785.

640. CORNELIUS MARNEY was indicted for feloniously stealing on the 13th of June , ten iron bars, value 10 s. belonging to Henry Dagge , Esq ; then and there fixed to a certain building of the said Henry, against the statute .

THOMAS SAUSUM sworn.

I know the prisoner, I am watchman at Mr. Dagge's cow-house, the 12th of this month I found a bag of iron bars laid after ten o'clock under the house, I let it lay, expecting the person to come for it; I watched and saw the prisoner come, that is the man, he went under the cow-house, at two in the morning he took it upon his shoulders; I clapped him upon the shoulder, and asked him if he was come for his bag, he said aye; he could give no account at all; I took him into custody.

JOHN EDMONDS sworn.

I am smith to Mr. Dagge, I made these bars, and know they are his; I placed these bars in the green-house copper hole, I tried them there, and they fitted, they are the same I placed; and here are two or three of the bars particularly marked, I can swear to them: I saw them there about a fortnight or three weeks before.

PRISONER's DEFENCE.

I went out to look for a day's work, and I thought it too early, and seeing this shed just by the foot-way, I went in to lay down for an hour or two, and in this shed there was some hay, and I thought to lay down in the hay, and this gentleman desired me not to stir, I said no, I shall not stir, I am going to lay down: but I am as innocent of the fact as a child unborn.

Court to Jury. Gentlemen, this indictment is founded on a statute for stealing a quantity of iron fixed to a dwelling-house, now the fact that is proved is, that it was not fixed to the dwelling-house, but fixed to the cow-house, and afterwards found in the cow-house, and though it is very probable the prisoner was the person who did wrench them: it would have been an offence at common law, but upon this evidence as applied to this indictment you must acquit the prisoner.

NOT GUILTY :

Court. Let him be detained till the gaol delivery.

Tried by the second Middlesex Jury before Mr. Justice HEATH.