Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 17 May 2022), October 1789, trial of JOHN CARGILL (t17891028-8).

JOHN CARGILL, Theft > grand larceny, 28th October 1789.

748. JOHN CARGILL was indicted for stealing, on the 22d day of October , two silver table forks, value 10 s. two silver table spoons, value 10 s. one pair of buckles, value 10 s. two linen shirts, value 6 s. a pair of leather boots, value 3 s. the property of Michael Stanhope , Esq.

(The indictment opened by Mr. Knowlys.)

MICHAEL STANHOPE , Esq. sworn.

I live at Winchmore-hill ; the prisoner was my servant three weeks; I discharged him the 21st of October; I gave him leave to stay till the next morning; he went about seven; I missed the things in the indictment; (repeats them); they were my property; I was present at the Justice's, when the prisoner was brought; I did not hear him say any thing.

THEOPHILUS BUTCHER sworn.

I attend Mr. Walker's office; on Friday morning, I was at a publick-house next to the office; and one Barnet asked me to lend him a guinea; the prisoner was with him; and the jew, Barnet, pulled out a table-spoon, and a three pronged fork with a crest; I laid, these are the things I want; the prisoner said they were his, and could bring proof; I put them into the prisoner's box, and took him to Justice Wilmot; and found the prosecutor, who owned them; the prisoner told me while I was with him; at last; he said, the other things, a spoon and a fork, were at a pawnbroker's in Shoreditch; there I found a spoon and a fork; the pawnbroker is here; his name is Francis.

- FRANCIS sworn.

I know the prisoner; I saw him on Thursday, the 22d; he came in the forenoon, and asked me if I bought old silver? I said I did; he immediately pulled out a spoon and a fork; he said they were his own? I told him they were not; he said they were, positively; he was a post-chaise boy, but had been out of employ for a year and a half; and only drove for one person at Dunstable, whose name was Palmer; I told him, I suppose you have taken these from Mr. Palmer, or some other place; the spoon is marked with R. H. and numbered; I told him he had better tell the truth, as I must stop them: and I believed I would stop him; he begged I would not; he had a wife and two children; and had been out of employ; says he, I will go and bring the person to prove the property; on that account, I let him go; in the afternoon, as he did not come, I wrote out an advertisement, and sent it to the daily advertiser; this is the draft of the advertisement that was at the daily advertiser on the same day; so far from my wishing to keep any such thing, I have a person in court, that carried it to the office of the daily advertiser; I went round the counter to the man; I thought he had not the appearance of an old thief; and I knew he would certainly be committed; and he might learn what he might not know before; and I thought if I got the property, it might be a means of saving him; these are the things.

(The things deposed to.)

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .