Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 16 September 2021), November 1833, trial of BENJAMIN UNDERWOOD THOMAS SMITH (t18331128-78).

BENJAMIN UNDERWOOD, THOMAS SMITH, Theft > theft from a specified place, 28th November 1833.

81. BENJAMIN UNDERWOOD and THOMAS SMITH were indicted for stealing, on the 12th of November , 48lbs of lead pipe, value 5s.; the goods of James Farren , and fixed to his dwelling house , &c.

WILLIAM KENT . This house is a beer shop, No. 99, Holborn-hill ; it is the dwelling house of Mr. James Farren ; about seven o'clock in the evening of the 12th of November, I was up stairs on the lead flat over the yard; I heard some persons come into the yard, and some water splashing; it struck me they were cutting the water pipe; I looked over and saw one man on the look out, and another at the pipe; I ran down and saw the prisoner Smith come in, out of the yard and turn into the tap room; I waited for the other prisoner to come from the yard, but he did not; I then took a candle, went into the yard, and found him; I saw this pipe cut off; I had seen the two prisoners once or twice before.

BENJAMIN CATMULL . I am an officer; I took the prisoners, and have the lead; I found this saw in the privy; it seems to have cut lead.

Smith. Q. Did you ever know me in custody before? A. I believe you have been: you had better say nothing.

Smith's Defence. I went to take part of a pint of beer, and was taken into custody.

WILLIAM KENT . I saw him come out of the yard.

Mr. Nicholl's, of Saffron-hill, gave Underwood a good character.

UNDERWOOD - GUILTY . Aged 17.

Confined Six Months .

SMITH - GUILTY . Aged 18.

Transported for Seven Years .