Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 26 October 2021), May 1833, trial of THOMAS SMITH (t18330516-101).

THOMAS SMITH, Theft > simple larceny, 16th May 1833.

985. THOMAS SMITH was indicted for stealing, on the 4th of May , 144 yards of calico, value 2l. 6s.; 56 yards of printed cotton, value 1l. 12s.; and 1 wrapper, value 6d. the goods of James Ricon Oliver and others.

WILLIAM JONES . I am carman to Mr. James Ricon Oliver and his partners; they carry on business in Alderman-bury. On the 4th of May I had a number of packages to take in the cart to the Horse and Groom-yard, St. John-street - I arrived there, but the yard was full of carts, and I could not get down - I took out one package, and went up the yard with it; I returned soon afterwards, and missed one package from my van, containing the articles stated - it was brought back soon after with the prisoner in custody - this is it.

Cross-examined by MR. CLARKSON. Q. Did you know the prisoner before. A. No, Sir - I did not see a woman near my van - I know Jerusalem-passage, but I don't know of any green-grocer's shop there - there was a tall man standing by my van when I left.

SAMUEL OLNEY . I keep the Horse and Groom-inn. I heard of the loss of this package; I went out instantly down the Woodbridge estate - I saw the prisoner carrying this package, I asked him politely if he would walk back with me into St. John-street; he said no, that he was employed to carry it by a man - he then threw it down, and said I am d-d if I carry it any further - I collared him, and he struggled with me; I was a minute or more before I could get him to come back with me; he then said I was a hard-hearted young man, and he wished me to let him go - I brought him back, and gave him to the officer.

Cross-examined. Q. Did you not seize him by the throat? A. No - I did not tell him it was stolen at first, but I asked him to turn back - I had not seen a tall man about the van; I could not, as I was in the warehouse - Iheld the prisoner tight, and might have got my knuckles into his neck - I did not hear him say that a woman had seen it given to him, he said he was going to Percival-street with it.

Prisoner's Defence. I did not throw it down till he took hold of my collar and tore my shirt - I said you are not the young man that hired me to carry it; he said "You come back with me," I said I did not know why I should - I had been hired by a tall young man to carry it to Percival-street - I am a porter in the City.

GUILTY . Aged 31. - Transported for Seven Years .