Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 18 January 2022), May 1809, trial of JOHN CLARK MARY TURNER (t18090517-74).

JOHN CLARK, MARY TURNER, Theft > theft from a specified place, 17th May 1809.

519. JOHN CLARK , and MARY TURNER , were indicted for feloniously stealing on the 18th of April , twenty-eight pounds weight of lead, value 7 s. the property of Dennis Foley , affixed to his house .

DENNIS FOLEY . Q. Did you loose any lead from your house - A. It is a house that I let out in lodgings, No. 2, in Chick-lane . The whole of the leaden pipe that was fastened against the wall of the cellar was taken away. I only had the house three weeks when I was robbed of it. I saw the leaden pipe at Hatton-Garden.

Q. Are you quite sure it was the lead pipe affixed in the cellar when you took the house - A. Yes; half of the pipe was taken at one time, and half at another; I saw it in the cellar two days before the last part was stolen,

Q. Do you know the two prisoners - A. Yes, they both lodged in the house. We found six or seven feet of the lead on them, when I took the officer up stairs in the room.

Q. Did they both lodge in one room - A. The woman said the man lodged with her; I found the lead in a basket, and an old cloak over it. They were both in the room.

Q. Did you see the pipe fitted to the cellar, where it should have been - A. Yes; it appeared to come from that place in the cellar.

JOHN BARNWELL . I am a constable. Dennis Foley applied to me; I went to his house, No. 2, Chick-lane; in the cellar it appeared there had been about twenty-eight feet of leaden pipe taken; there was part taken away on the Sunday; and this was on the Tuesday. I went up to the apartment of Mary Turner ; I found her and John Clark together in the three pair of stairs front room.

Q. Did you find the lead there - A. Yes; there was about twenty-six pounds of it; about eight feet in length, it was tied up in one of her aprons in a basket under the table, covered over with a cloak; I asked her how it came there, she said she did not know.

Q. Was there more than one bed in the room - A. I did not examine it, there was but one bedstead; the man said he knew nothing at all how it came there. I took these pieces of pipe down into the cellar, to see whether it fitted the place where it was taken from; it fitted, and was exactly of the same size of the remainder of the pipe; it had been twisted off. I then took the prisoners to Hatton-Garden.

JOHN KERL . I am a labouring man. I went down into the cellar for a kettle of water, this woman was down in the cellar and the man by the side of her; shewould not let me come to the pipe, she filled my kettle with her own stone bottle. This was on Tuesday. I went up stairs and told my wife, she went down and told Mr. Foley of it, and the constable was fetched in less than half an hour. The cellar was dark, but I knew the woman, and the man was with her.

MRS. KERL. My husband told me there was a man and a woman down stairs; I went down stairs, I met the woman on the first pair; she called John, the man was coming up on the stairs, I observed something under his arm, I could not make out what it was; I had missed some part of the pipe on the Sunday; I went and told my landlord; after that I went down in the cellar, and I found the rest of the pipe was gone. I am sure he was the man, because I met him coming up the stairs; he did not move out of the house till I went for the landlord.

The property produced and identified.

Clark's Defence. On the 18th of April I came home in the afternoon, I went up stairs, Mary Turner was at work, and a lodger of the name of Kelly was in the room; I stopped in the room and never went up or down stairs till the constable came.

Turner's Defence. There was nobody in this place but this man; he has been at my place nine months backwards and forwards; I am very neglectful of leaving my door open; when I came up and saw the constable searching my place, I was surprised. If any body brought it up Clark must have brought it up.

The prisoners called one witness, each, who gave them a good character.

CLARK, GUILTY , aged 64.

TURNER, GUILTY , aged 35.

Confined Six Months in the House of Correction, there kept to Hard Labour , and fined 1 s .

Second Middlesex jury, before Mr. Common Serjeant.