Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 24 October 2021), February 1833, trial of THOMAS SMITH (t18330214-194).

THOMAS SMITH, Theft > housebreaking, 14th February 1833.

Before Mr. Baron Bayley.

622. THOMAS SMITH was indicted for feloniously breaking and entering the dwelling-house of Henry Piper , on the 8th of February , at St. Dunstan, Stebouheath, otherwise Stepney, and stealing therein 146 cigars, value 11s., his property .

JAMES MULLENIS. I am a Policeman. On the 8th of February, about half-past eight o'clock in the evening, I was on duty in Mile-end-road, in Beaumont-street ; I saw the prisoner and another at the prosecutor's shop, in Mile-end-road - they went up to the window, and stood there a short time; I saw the other put his hand in, and take out two or three handsful of cigars - he drew them through the hole in the window; he took two or three handsful out of the window, and put them into the prisoner's pocket - they then crossed the road, and looked about; they returned to the window again, and took two or three handsful - they did this two or three times; I was on the opposite side - a lady came along; I begged her to allow me to walk behind her, till I got nearer to the window where they stood; I seized the prisoner, and tried to seize the other, but the prisoner cried out to him, and he got away; I secured the prisoner, searched him at the watch-house, and found twelve dozen and two cigars in his pocket, and two pen-knives, one of which seemed to have a little putty on the edge of the blade; I looked at the window, and saw the putty was fresh cut, to take out the glass - he was detained.

Cross-examined by DOANE. Q. Why not take them before? A. I could not, I was on the other side; I could see all that took place - I did not see them cut the glass; I had been there about five minutes.

MARTHA PIPER . I am eleven years old; I was at home on this night - my father was not at home - a young man was in the yard, but I was the only person in the room. A few minutes before Mullenis came, I heard the noise like glass falling; we had one pane cracked, but none of the glass was out of it - I saw nothing until Mullenis came; there were cigars in the window - Mullenis brought the prisoner with him; the prisoner then had the cigars in his pocket.

HENRY PIPER . I am the brother of Martha Piper . I rent the house; I am a hair-dresser. I had about sixteen dozen cigars in the window; one of the squares of glass was cracked, and puttied up - the glass was all in; I was out when this happened - next day I found the piece of glass was taken quite away; I did not look at it before then - a person could put their hand in through the hole, and reach the cigars.

Cross-examined. Q. How long had the window been cracked? A. More than six months; the putty was very dry, which would make it hold tighter.

Prisoner. It is false.

GUILTY of stealing only .

Transported for Seven Years .