Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 23 April 2021), February 1793, trial of FRANCIS NEALE (t17930220-53).

FRANCIS NEALE, Theft > grand larceny, 20th February 1793.

247. FRANCIS NEALE was indicted for feloniously stealing, on the 12th of January , two pewter quart pots, value 3 s. one pewter pint pot, value 12 d. the goods of William Chapple .

WILLIAM CHAPPLE sworn.

I keep a public house , the Black Dog, the corner of Long-alley, Brown-street, Moorfields ; I lost two pewter quart pots and a pint pot. I missed them the 12th of January, and I found them myself in a dust cart the same day between two and three in the afternoon; the prisoner was employed by me to take the dust out of the cellar, he was the driver of the cart, they were covered over with dust; these men had fetched my dust away for four or five months, the man came this day to take the dust, and the boy told the maid to tell me that he had got a pot; I took them out of the cart and put them in the bar, and marked them separate at the time; in consequence of the information I also went down into the cellar, the moment I was down the cellar stairs the man that was employed by this man takes the pot out of the basket, and runs and put it down in the yard by the side of the cellar.

JOSEPH DOWLING sworn.

I am a looking glass grinder; I was going past Mr. Chapple's door between one and two o'clock, on the 12th of January, I asked what was the matter, and they said the dustman had been thieving some pots, Mr. Chapple said that the prisoner was in the cellar; and Mr. Chapple was contesting with him to get into the tap room, persuading him to go up stairs, he had been taking a pot out of his basket, and he drove him up stairs before him; when he came up stairs the publican said perhaps he had got some in his cart already, so he jumped into thecart and he takes the broomstick and he stirs about a pot which he gave into my hand, he found a quart pot in the dust, and a pint pot, and he was for sending for a constable to give charge of him; and this prisoner tried to make his escape down Long-alley, the landlord pursued him, and brought him back into the tap room, and he said he should not stir from there till such times as he had given charge of him; the constable came, and he charged him with him, and he was afterwards committed.

Court to Chapple. Did you see the pot taken out of the basket in the cellar? - Yes, this man the prisoner was filling in and the other man stood by.

Q. Did you go into the cellar before you went into the cart or after? - Before.

Q. Who had the basket? - It stood at the bottom of the stairs.

Q. Whose basket was it? - It stood at the bottom of the stairs. This man's partner, took this quart pot, out of the basket; I saw him do it, and ran into the back yard, and put it down on the pavement; that basket belonged to him; the basket was not in either of their hands, it was on the ground standing.

RICHARD MORBY sworn.

I was pot boy there, I was in the cellar and they were making a scuffling with the pots, both of them; they told me to go out to get an old birch broom to sweep the dirt up, they had a new broom and that would not do for them they said, I turned, and just as I turned, I saw the prisoner put an hand and take a pot, and put it into the basket, it was a quart pot; and I went up and the maid, and she went up and told master, and master came down directly.

Q. Do you keep these pots in the cellar? - There were six dozen in the cellar.

Court to Chapple. Have you kept these pots from that time to this? - They have never been used, they have been tied together ever since; there is my name, and the name of the place, and the sign on them all.

Prisoner. I went to take this gentleman's rubbish away, and there was another man with me, and he filled the basket while I was at the cart; and what he put in I don't know, for I never saw any thing of the kind, nor never touched any thing of the kind.

Court to Morby. Was it this pot the pot in the basket, or was it the other? - It was this.

Court to Chapple. Were these the servants of the dustman? - They were, and I went to the master afterwards and he gave them a very good character.

GUILTY . (Aged 30.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.