Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 08 December 2022), June 1785, trial of JAMES M'INTOSH (t17850629-66).

JAMES M'INTOSH, Theft > theft from a specified place, 29th June 1785.

673. JAMES M'INTOSH was indicted for feloniously stealing, on the 7th of June , one silver milk pot, value 2 l. 12 s. 6 d. five silver tea spoons, value 18 s. a pair of tea tongs, value 12 s. a pair of stone shoe buckles, value 21 s. one paste buckle for the arm, value 10 s. 6 d. a pair of scissars tipped with silver, value 4 s. a miniature picture set in gold, value 3 l. 13 s. 6 d. a pen knife, value 12 d. a laylock silk gown and petticoat, value 4 l. 4 s. a morone silk gown, value 42 s. a blue and white striped gown, value 42 s. a white corded dimity muslin gown, value 27 s. 6 d. a muslin jacket and coat, value 30 s. 6 d. a callico gown and coat, value 52 s. 6 d. a red striped cotton gown, value 21 s. a blue stuff flounced petticoat , value 12 s. a pair of sheets, value 15 s. a pair of pillow cases, value 5 s. six yards of cloth, value 12 s. five dimity under petticoats, value 14 s. three aprons, value 8 s. five neck handkerchiefs, value 8 s. eight pair of cotton stockings, value 20 s. a pair of silk stockings, value 5 s. a shawl, value 12 s. another shawl, value 10 s. a pair of muslin ruffles, value 10 s. two linen shifts, value 10 s. four linen handkerchiefs, value 2 s. four yards of black lace, value 22 s. a dressing gown, value 10 s. a muslin apron, value 5 s. a glass pepper caster with a plated top, value 2 s. one pair of stays, value 18 s. a tea chest, value 3 s. two tin cannisters, value 2 s. a pair of shoes, value 2 s. two linen bed gowns, value 5 s. two muslin handkerchiefs, value 3 s. a Spanish dollar, value 4 s. 6 d. and twelve guineas, value 12 l. 12 s. in monies numbered, the property of Margaret M'Farlen , in the dwelling house of Robert Munday .

(The Case opened by Mr. Garrow.)

MARGARET M'FARLEN sworn.

I lodge at Mr. Munday's Lisle-street, Leicester-fields , I went out in the evening a little before six, I left every drawer shut , and every thing properly locked up, and I double locked the door of my apartment and took my key, I left at home Miss Munday, and the prisoner who was apprentice to Mr. Munday, who was a taylor, and did not live at home, he was in the Fleet; he has never been at home since I was there, I came home about eleven, and desired them to lend me a light, and when I went up I found this picklock key in my door, I went in and found every thing gone and the drawers empty in my room; I then run to the little trunk where I had a little property of money, that I had saved to pay some money, it was all gone, and every thing but a half guinea which they dropped; I am sure there were twelve guineas, there might be more, there was a very nice silver milk jug, five silver tea spoons, and a pair of tea tongs, there was a pepper caster with a plated top; there was a lay lock silk gown and coat, and other things, the milk pot was worth two pounds twelve shillings; the next day I was engaged at Westminster Abbey, I gave information and the prisoner was taken up in consequence of it, and on the Friday I saw him at Litchfield-street, he was then dressed in a pair of new olive coloured breeches a new dark waistcoat, new bat and new stockings, and new plated buckles, I never saw him in any such clothes before, for he was very much distressed, and had not a shilling at any time, for his master could not give him any money, I lost in money and cloths as I reckon, the lowest is fifty pounds.

SARAH MUNDAY sworn.

Mr. Garrow. Speak out and remember you have just taken an oath? - The prisoner was apprentice to my father, I remember Miss M'Farlen going out about six, the prisoner was at home, I went out after seven and left the prisoner at home then in the parlour; there was a gentleman in the house that lodges in the one pair of stairs.

Had you heard any noise like the breaking open any places before you went out at seven? - I had been ill in bed, and I had business to go out upon.

How near was your apartment to her's? - Mine is in the parlour, and the lady's is up two pair of stairs, I returned at eleven, and I did not find the prisoner at home; I did not go up stairs till Miss M'Farlen called me, I saw her first at the street door, or in my apartment which is the parlour, I did not let her in.

When she came in, did you tell her any thing about the state of her apartment? - I did not know anything till she called me up stairs.

Did the prisoner come home again that evening? - No.

When did you first see him again? - After he was in custody.

How was he dressed when he was in custody? - In a green coat.

Had he anything new on? - Not that I perceived, I heard that he had new things on.

Had you seen any of those things which he had on when he was in custody, before this robbery, upon your oath? - Not to my knowledge, that is all I know about it, the prosecutrix said, if the prisoner would give up the property, she would drop the prosecution, and my father and me, and two or three more went down to Tothill-fields.

JUDITH SHAW sworn.

I live in Princess-street, Leicester-fields facing Lisle-street, it has the whole command of the street, and every body coming in and going out; I remember the prisoner at the bar, and on the 7th of June, I saw him go into Mr. Munday's house, I suppose it to be past seven o'clock, I saw he had a green coat on, I was resting my eyes, it was near eight, and presently I saw him come out of the door with a large bundle, and he looked about and beckoned to somebody behind him who was something taller than this lad; he went first and the other followed him with another bundle in his arm not so big; they went towards Sydney's-alley , I thought they could not be taylor's clothes going home, I thought it would be very wrong to carry them home in a wet evening.

Are you quite sure that it was the prisoner? - Upon my word and my oath I have no doubt about it, I told him before the Justice, says he, I had no bundle, nor had nobody with me, this was about eight, he was about a quarter of an hour in the house.

JANE TEW sworn.

I live in Lisle-street, opposite Mr. Munday's house, I know the prisoner, I saw him on the evening on the 7th of June, between seven and eight come along the street and go into the house, and in about a minute or two he came out again, and called a young man of the name of Joe, I think to the best of my knowledge he had a green coat, he had no bundle at that time, I saw no more of him they went in together.

ELLIS ROBERTS sworn.

I apprehended the prisoner at the Bull and Mouth in Drury-lane, I searched him and found seven shillings in his pocket, he was dressed in a green coat, with new velvet breeches and waistcoat, new stockings, and a pair of new buckles, and this new hat he had on, I have known the lad for a couple of years, I keep a public house just by there, and He frequented the house, his father and all his relations.

PRISONER's DEFENCE.

I am entirely innocent of the affair, and the money that I bought that coat with, was a guinea my master gave me to get it out of pledge.

ROBERT MUNDAY sworn.

I am the master of the lad, I have known him from an infant of a week old, I had him at school for a considerable time, I cannot say that he has not been guilty of juvenile follies; as to honesty, I have sent him frequently home with clothes.

What has been his general character? - A very good one.

Mrs. SYBELIOUS sworn.

I am a lodger in the house, for three months, I believe I have heard he has been guilty of little wildness and follies, but I have intrusted him with the keys of my room and money, I gave him a pair of velvet breeches, they were my husband's who died about half a year ago, they were a very good pair almost new.

Mr. Garrow. When did you give them? - About a month before he altered them and wore them.

The prisoner called one witness to his character.

Sarah Munday . I know the lady that lodges in our house gave the prisoner a pair of breeches.

Mrs. Sybelious . They were black, and he dyed some wood to make them more black, it was brazil, and it made them brown.

Prosecutrix. These were olive breeches.

Roberts. They were new olive breeches .

Munday. He had a guinea from me.

GUILTY , Death .

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