Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 03 December 2023), September 1837, trial of JAMES MOORE WILLIAM GILES (t18370918-2238a).

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JAMES MOORE, WILLIAM GILES, Theft > burglary, 18th September 1837.

2238. JAMES MOORE and WILLIAM GILES were again indicted for burglariously breaking and entering the dwelling-house of Joseph Prendergast, at Lewisham, about two o'clock in the night of the 5th of August, with intent to steal, and stealing therein, 1 flute, value 3l.; and 1 hat, value 2s. 6d., the foods of Alexander Cavell the younger; and 1 flute, value 5l., the goods of Joseph Martyn; and that Giles had been before convicted of felony.

MR. PRENDERGAT conducted the Prosecution.

ELIZABETH PRENDERGAST. I am the wife of the Rev. Joseph Prendergast, and live at Lewisham, in Kent. On Saturday, the 5th of August, I saw the house secured before I went to bed—there is a door from the private dining-room—that room where the boys dine—there is a door into the play-ground from that room, and a window towards the gar den I know that window and door were secure—next morning(Sunday)about six o'clock, when our man King came, he gave an alarm—I got up and come down the first—I went into the school-dining-room, and found the window-sash taken wholly out and removed—it is a small window—I inquired for the flutes and violins, and things on that sort, and the man produced some bundles form the play-ground—one bundle contained four flutes, tied in a yellow silk handkerchief, and there was a violin in a green bag—this property had been in the school-dinning-room the night before—the violin was generally kept on the sideboard—there were some shoes ready to be taken away—some outside the window, some in the play ground; and some on the table—they belong to the young gentlemen, who had left them below on Saturday night—they had been moved from where they were the night before—I saw a hat which Joseph Martyn found, and delivered to me, and I gave it to the policeman—there were four flutes—it was broad daylight when I was alarmed.

PETER KING . On the morning of the 6th of August I went to Mr. Prendergast's house, about six o'clock—it was quite light then—I saw two young lads there outside the school-dinning-room—one had got a parcel under his arm, and the other another parcel—they put them down directly, and ran away—I pursued them, but lost them—I saw the bundles after wards in the same place, and picked them up under the window—I put them in at the window—I did not know what was in them—they are the bundles Mrs. Prendergast saw—I saw a violin in one—I saw the sash-window laid against the side of the school-room outside—there were two lads

—one was bigger than the other, but I could not swear to them—I have very little belief about them.

ALEXANDER CAVELL . I am a pupil at Mr. Prendergast's school—I went into the school-room at near eight o'clock on Sunday morning—this flute belongs to me—I found it in the school-dining-room when I came down—I had left it in a box the night before—there was a hat gone belonging to me, which had been in the school-dining-room—the policeman has since produced it to me—-there was a strange hat left behind—the value of my flute is about 3l.

MRS. PRENDERGAST. That is one of the flutes which was handed in at the window by King, in the yellow handkerchief.

JOSEPH MARTYN . I was at the school, and was alarmed about half-past six o'clock, or a quarter to seven—I had a flute in my box the night be fore, locked up in the flute-box—this is it—(looking at it)—when I came down in the morning it was lying on the table—it is worth about 5l—I saw a hat there, with a piece of candle and a black silk handkerchief in it—I gave it to Mrs. Prendergast.

HENRY MUMFORD . I am a constable of Lewisham. In consequence of the alarm I went to the house of Mr. Prendergast—I observed the school dining-room window—it appeared to have been taken out by a chisel—there were traces of a chisel—I received a hat from Mrs. Prendergast, containing the black silk handkerchief and lucifer matches, and a piece of candle—the candle, I think, was not in the hat when it was delivered to me but it was delivered to me by somebody else at the same time—Mrs. Prendergast delivered the lucifer-matches to me with the hat—I have tried the hat on the prisoners, and it will fit Moore.

JAMES WILD (police-constable R 141.) I produce a hat, which I found on Moore's head on Saturday, the 26th of August, when he was in the station-house—I asked him how long he had had it—he said two or three months, and that he bought it of a Jew in Rosemary-lane.

ALEXANDER CAVELL re-examined. This is my hat—I know it by it's having a half-buckle here—the maker's name was in it, but it is torn off; and there is "water-proof, London," done underneath, where it is torn of—it fits me (trying it on.)

HENRY THOMAS DALLEY . I am a police-sergeant. I apprehend these prisoners on the 21st of August, in the afternoon—I had seen Moore save ral times before—I looked at his hat—on the 21st or 22nd of May last I took it into my band on purpose to examine it; and, to the best of my belief this hat which was left on the premises is the hat—it has every appearance of it—I saw him with this other hat on when I took him into custody, and I made an observation that it was a different hat—I had not then received in formation of this robbery.

moore‘s Defence. He took that old hat to my mother, and wanted her to come to the office and swear it was mine.

MOORE— GUILTY* of housebreaking and stealing under the value of 5l . Aged 17.— Transported for Fifteen Years.

GILES— NOT GUILTY .

Before Mr. Recorder.