Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 24 September 2020), April 1816, trial of PHILIP STREET (t18160403-105).

PHILIP STREET, Theft > burglary, 3rd April 1816.

391. PHILIP STREET was again indicted for burglariously breaking and entering the dwelling-house of Archibald John Primrose , esq. commonly called the Earl of Roseberry ; about nine o'clock in the night of the 5th of February , with intent to steal, and for burglariously stealing therein, two coats, value 4l. and one saddle cloth, value 3s. his property; and one box, value 5s. one shirt, value 3s. one waistcoat, value 5s. five pair of stockings, value 9s. a handkerchief, value 1s, and a pair of spurs, value 1s. 6d. the property of Charles House .

CHARLES HOUSE . I am postillion to Lord Roseherry, whose stables is in South Portland Mews; there is a thoroughfare from the stables into the house; his Lordship can go from the house into the stables without going into the street. I went out at about half past nine o'clock, and left the stables fast. I returned at about half past ten o'clock, and found the door open. I found a tobacco-pipe and two matches behind the door. When I went up stairs, I missed the property in question; part belonged to my master and the remainder to myself.

JAMES MARSH . I am coachman to Lord Roseberry. I left the stables about nine o'clock; the box coat and surtout coat were mine.

EDWARD HUTCHINS proved the prisoner lodged in his house.

SAMUEL WILLIAM PYALL . I went to the prisoner's lodgings on the 15th of March, between eleven and twelve o'clock at night. I found a great number of things, and among them I found the things which were owned by Charles House , together with the pick-lock keys and crow bar, which I produced in the last case.

(Property produced, and sworn to.)

MR. ADOLPHUS. On the part of the prisoner, objected. that Lord Roseberry was improperly defined as an Esquire, and commonly called a Lord, because in reality he was a Peer of the Realm, and therefore non constat that he an Esquire; and thefore the prisoner could not be convicted on such an indictment.

THE COURT. Considered that it was a point which had not as yet been determinated and therefore would reserve it for the consideration of the Twelve Judges, in the event that the Jury should think the evidence sufficiently strong to pronounce the prisoner guilty.

The Jury found the prisoner

GUILTY - DEATH , aged 33.

First Middlesex Jury, before Mr. Recorder.