Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 20 May 2018), September 1794, trial of THOMAS GRAHAM (t17940917-94).

THOMAS GRAHAM, Theft > grand larceny, 17th September 1794.

552. THOMAS GRAHAM was indicted for feloniously stealing, on the 6th of August , ten pair of cotton stockings, value 10s. six pair of mens leather gloves, value 6d. two yards and a half of black silk, value 2s. seven yards of Irish linen cloth, value 7s. a yard of cambrick, value 2s. fourteen yards of black silk lace, value 7s. and four pair of black silk stockings, value 4s. the goods of Henry Wigley and Samuel Bishop .(The Case opened by Mr. Knapp.)

THOMAS WIGLEY sworn.

I have a partner; his name is Samuel Bishop, hosier and haberdasher in Great Portland-street . I know the prisoner at the bar; he was my shop man nine months; from information I received on the 5th of August I searched his box on the 6th. On Wednesday, the 6th of August, I applied to a constable; his name is Hodgkins; but he would not do it without a warrant.

Q. Who attended with you? - John Warren. We got two search warrants, and we searched his room where he usually slept, and in his box; I knew it to be his box; he gave the constable the key. I was present when the man searched the prisoner in the dining room, and he found on the prisoner some duplicates.

Q. Where did you get the key? - We went up stairs to his room, and he gave the key to the constable; I was in the room the time the box was searched, and when it was opened, in the box I found some cotton stockings, ten pair, and two different lengths of Irish cloth.

Q. Do you know how many yards they made together? - I cannot say exactly to swear to; there was a memorandum taken at the time, and the constable has got it; and a length of cambrick, and I think these ten pair of men's York tanned gloves, and a length of black silk mode, and some more duplicates.

Q. Did you look at these things that you took out of this box of the prisoner? - Yes; the constable took them into his charge, and he has had them in his possession ever since.

Q. Had you resort to your stock to see that you had lost all these things? - One article in particular I had; that is the four pair of womens cotton stockings.

Q. Any thing else did you find missing? - Nothing else.

Q. Before you went up stairs he was searched in the dining room? - He was.

Q. What was found on him there? - Some duplicates. He was searched there by Warren.

Q. What else was found on him besides duplicates? - I don't recollect any thing else was found on him but duplicates.

Q. In consequence of this I suppose he was taken into custody, and taken before a magistrate and committed? - Before we took him to the magistrate we searched a woman's apartment, and there we found several things my property.

Q. Did the prisoner lodge in that apartment? - No, he lodged at home.

Mr. Knowlys. Is there any other person intersted in the business except Mr. Samuel Bishop? - I have no other partner.

Q. How lately before this had you taken stock? - I had not taken stock since Christmas last.

Q. Your stock as a haberdasher is very variable stock? - Yes.

Q. I would ask you whether before this had you missed any thing from your shop? - We had frequently.

Q. Had you missed any of these articles? - One article in particular we had missed.

Q. The cotton stockings? - No; I did not miss the cotton stockings till I found them in the box; I missed the black lace particularly; I know it of my own knowledge.

Q. This man was employed to buy and sell? - He has frequently bought things in the shop, as they were brought down by different manufacturers in my absence, but he never went out to buy.

Q. With respect to some little small articles that he wanted for his own wear, don't you indulge your shop people in purchasing in these articles for their own use? - But it is customary for them to put them down in the book at the cost price, and they have them at the cost price.

Q. I believe he was very well connected and related, and you had a very good character with him? - He has very reputable connections.

JOHN WARREN sworn.

I am a constable; I went with a search warrant to Mr. Wigley's the 6th of August last; I saw the prisoner at the bar behind the counter, and he went up stairs into the dining room, and I searched him.

Q. Did you desire him to go up into the dining room? - Mr. Wigley did; because there were people in the shop, and he wished to keep it as secret as possibly he could: I searched him and found four or five duplicates in the fob of his breeches; I found a smelling bottle, a knife, and a key, which he told me was the key of his box. After that happened we proceeded up stairs, up into the garret where he slept. Mr. Wigley told me so. He was present when the box was unlocked and searched, and in his box I found these articles: he was very sorry for what he had done, and begged his master to forgive him. I took him and the things in a coach, and I executed the other warrant in Castle-street, Oxford market, and there I found a vast number of duplicates on a woman of the name of Harrington. I had a search warrant to search this apartment also. I found I believe twenty-nine duplicates in all in his box and in his fob.

Q. After you had made your search you went to Mrs. Harrington's. I did, and found thirty-six duplicates there; and after that we went to the pawnbroker's, and there we found every thing correspond.

Where did you find them? - In a black pocket book in her pocket. I have got thirty of these duplicates, and the rest I gave to the prosecutor.

Prosecutor. These are all goods of mine; but these four pair of stockings I can speak to particularly; they have lace clocks, which is not a common thing in a cotton stocking, and the rest I believe to be mine all of them. These four pair of stockings, a few days before, I sent two dozen to a customer by him, and the customer bought twelve of them, and twelve were returned; and when I found these stockings; I went down and looked in the paper, and there was only eight pair there.

Mr. Knowlys. There is no marks, I take it, on any of them? - There is not.

Q. Have you any mark on any one of them? - There is no mark, no otherwise than the particular clocks of these four pair of stockings; they are a very scarce article, and never made except to an order.

Q. These were for sale in the shop. How many days had past since he had carried out two dozen pair to the lady? - It must be within a week.

Q. It is impossible for you to say that from the other dozen, four pair might not have been sold by other persons in the shop; and you certainly don't mean to say, that there are not other shops that have genteel custom in town, but have the same sort of stockings.

WILLIAM NORRIS sworn.

I am a pawnbroker. I live with Mr. Everett, in Berner's-street, Oxford-road; I produce some things I received of Elizabeth Harrington; I lent half a guinea on them the 26th of March.

JONATHAN BAKER sworn.

I have got two pair of silk stockings, pawned the 4th of August; I live with Mr. Hall in Berwick-street. They were pawned by a woman of the name of Harrington.

JAMES HILL sworn.

I produce some black lace; I live in Upper Rathbone-place, a pawnbroker. It was pawned on the 4th of April, by Elizabeth Harrington.

Warren. I have got the three duplicates; I found them on her the 6th of August.

The prisoner called three witnesses, who gave him a good character.

GUILTY . (Aged 22.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.