Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 23 May 2018), September 1794, trial of CHARLES SMITH (t17940917-84).

CHARLES SMITH, Theft > grand larceny, 17th September 1794.

542. CHARLES SMITH was indicted for stealing, on the 27th of August , a quart pewter pot, value 15d. two pint pewter pots, value 10d. the goods of Mary Brown .

MARY BROWN sworn.

I am a widow ; I keep the Queen's-Head, in the Strand ; I was robbed of two pint pots, and one quart.

DEBORAH HALL sworn.

I am servant to the last witness. The prisoner opened the door with his left hand, and I took him with my right; it was the 27th of August, on Thursday, between seven and eight in the evening; I took hold of him, and I found the pot in his pocket.

Q. How came you to examine his pocket? - My fellow servant told me of it; James Ponton brought him back as he was going out at the door; he took out one pot himself, a pint pot on his right hand.

Q. Did you see any quart pot taken from him? - Not till my mistress asked him if he had got no more; and he said yes; then he produced the pot and the pint; he had one in his right hand pocket, and one in his left.

Q. To whom did they belong? - To my mistress.

Q. Was her name on them? - Yes; and the name of the house.

Q. Had he had any liquor there that day? - He had a glass of ale, and paid for it, and did not drink the ale; he was not there ten minutes before he did the robbery.

Prisoner. Did you see me produce the quart pot? - I did not; my mistress did; I found a pint pot in your right hand pocket.

JAMES PONTON sworn.

I am servant to my mistress; I am the pot boy; I stopped the man; I detected him putting the pot in his pocket; I see him produce two pint pots and a quart pot.

Q. To whom did these pots belong? - To Mrs. Brown, my mistress.

Q. Where did the first pint pot come from? - From his right hand pocket.

Q. Where did the other pots come from? - One came from under his apron; we thought it was in his breeches; the pot was very warm; and the other was in his coat pocket.

Prisoner. Was there not a crowd of hackney coachmen in the house? - There were but three in the house.

Prosecutrix. I have kept the pots; there is one pot that was produced after I came to him, and there was one laid on the table before I came to him.

Q. Were these three pots kept separate? - Yes; they were kept tied up with my own hand, and ever since in my own possession; I have them now; they are mine.

Q. Is there the name of the house on them? - Yes; the Queen's Head, in the Strand.

Q. How long have you kept that house? - Four years.

Q. There were no pots in that house but what were your's? - No.

Q. Nor ever sold any? - No.

Q. Can you say that any were missing? - I could not tell that they were missing; I cannot tell justly the number I have.

Prisoner. Though I am innocent of what is alledged against me in the indictment, yet I am willing to serve his Majesty, if the Court will grant me that indulgence.

GUILTY. (Aged 28.)

Judgment respited .

Tried by the Second Middlesex Jury before Mr. RECORDER.