Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 26 October 2021), February 1787, trial of DANIEL BRIAN (t17870221-27).

DANIEL BRIAN, Theft > theft from a specified place, 21st February 1787.

263. DANIEL BRIAN was indicted for feloniously stealing, on the 7th of February , one breakfast cloth, value 1 s. fourteen shifts, value 30 s. one white quilted petticoat, value 3 s. one flannel petticoat, value 1 s. one pair of stays, value 1 s. one cotton gown, value 10 s. a frock, value 2 s. two other frocks, value 5 s. two other frocks, value 2 s. three pair of stockings, value 1 s. three pair of sleeves, value 1 s. the property of Susannah Walker , in her dwelling house .

SUSANNAH WALKER sworn.

I live at Clapton ; I keep a boarding-schoolfor ladies there; on the 7th of February I lost the things mentioned in the indictment.

(Looks at the inventory.)

When did you write that inventory? - Two or three days after the robbery.

(The things enumerated.)

Court. From what part of the dwelling house did you lose them? - From the hall, about one o'clock in the afternoon; they were linen put up for the washerwoman; I had not seen them myself that day: I never saw the prisoner till at the public office.

JANE PROCTER sworn.

I live with Mrs. Walker, as a servant; on the 7th of this month, some linen was taken from the hall; I saw them, flung down stairs into the hall, about one o'clock that day; I saw an account taken of them; and I know the particulars contained in the inventory were put in the bundle, and were the same as Mrs. Walker has mentioned; I saw them at Justice Wilmot's office; I opened the bundle there, and saw they were the things that were lost: I know nothing of the prisoner.

WILLIAM STYLES sworn.

I am a brick-maker; I was at work; and two young men came through the brickfield, one had a bundle under his arm; seeing something white under his arm, I thought it was an apron; it was between two and three o'clock on Wednesday 7th of February; they were going towards Haggerston; we thought if we run after them they would run away, but we did run after them; and I took one of them by the collar; the other got the bundle; the prisoner came up the same lane to their assistance; he came up the same lane, and I ran past him; while I was disputing with the man I had hold of, the prisoner said, Jack, what is the matter? come across the road and give me the bundle, I will not be stopped, nor go back for any one; the prisoner said, Jack, go and fetch your mother, for these things are for her to wash; then we detained the prisoner at the officer's house at the Black Bull, at Haggerston, and the bundle; and in the evening we went to the Justice's.

Court. The prisoner was not one of the first two? - No.

Did you see Mrs. Proctor that night? - Not that night; the prisoner was committed that night; I did not see Mrs. Proctor till the Monday following.

THOMAS WILKINS sworn.

There were nine of us working in the field for Mr. Samuel Scott ; on Wednesday the 7th of February, between two and three, I saw two men coming across the field; and up the lane I saw something white like an apron, which was a large bundle under the arm of one of them; and we pursued them up the lane with the bundle; the last witness took the man that had the bundle, and the others ran away; then the prisoner came up the same lane, to assist in the lane where the other was stopped; the prisoner says, Jack, what is the matter? come over the road, and give me the bundle, I will not be stopped by any body; the things are your mother's, and are going to be washed; he went to fetch his mother, but he never returned again; we took the prisoner and the bundle to Mr. Davis, at the Bull, at Haggerston, and then to the Justice's with the bundle.

When was you before the Justice? - On the Saturday, but nobody was sitting; then we went on the Monday morning, and then I saw Mrs. Walker; I never saw the prisoner, or the other lads before.

(The things produced and deposed to.)

- ARMSTRONG sworn.

Count. You are one of Mr. Wilmot's men? - Yes.

Do you remember the prisoner being brought to the office? - I did; I saw theprisoner and Mr. Davis going to the office in the morning, and in the evening of the 7th of February, which was Wednesday, when I came to the office the things were opened, and the Justice ordered me to take care of them, and I have had them ever since under lock and key.

Mrs. Walker. I looked over the things in the parlour at the Justice's; I knew them to be my property.

Jane Proctor . I looked over the things and know them to be Mrs. Walker's property.

Armstrong. I saw the prisoner and others near Shoreditch church this same day the robbery was committed in company; and there was another that I knew well; they were going towards Hackney-road; I saw the prisoner in the evening at Mr. Wilmot's office, and the things were there also; they laid open in the office; when I came the Magistrate took the marks, and they were advertised; and the lady came, and she owned them.

Court. Did you see the linen in that bundle put up in the presence of Davis? - Yes, I have had it ever since under lock and key; they were looked over by the lady and the maid; I was not present; it was requested that nobody but the ladies might be in the parlour; they were delivered back to me in about a quarter of an hour after.

Court to Wilkins. Davis opened the bundle in his own house? - Yes.

Court to Mrs. Walker. Do you remember this bundle being taken into the parlour? - Yes, it was brought in by the officer; I opened the bundle and looked over the things, and I believe them to be my property.

Mrs. Proctor. I was present in the parlour, and know the things.

Court. When you had looked them over were they put in again? - Yes, they were tied up again; all those that I looked at; Armstrong had the bundle.

PRISONER's DEFENCE.

I was going across the field, and two men were coming past; I thought I knew one of them, and I saw these three men run after them; I ran up to see what was the matter; I said, Jack, what is the matter? he said, he had some things to take to a washerwoman for his mother, and these men would not let him; and I said, I will take care of the things while you fetch your mother; he went away, and never returned; and they kept me.

The prisoner called one witness to his character.

GUILTY , Death .

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