Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 23 April 2021), November 1851, trial of SUSANNAH BASTIONGS WILLIAM BASTIONGS (t18511124-34).

SUSANNAH BASTIONGS, WILLIAM BASTIONGS, Theft > stealing from master, 24th November 1851.

34. SUSANNAH BASTIONGS and WILLIAM BASTIONGS , stealing 21 cigars and 1 1/2 lb. of tobacco, value 3s.; the goods of William McDonald, the master of Susannah Bastiongs.—2nd COUNT, William Bastiongs feloniously receiving the same.

MR. CAARTEEN conducted the Prosecution.

WILLIAM MCDONALD . I am a publican, and live in Newgate-street-Susannah Bastiongs lived with me as servant—on the 9th of Nov., between

9 and 10 o'clock in the evening, I went down-stairs to my back-parlour—I saw William Bastiongs there—I asked him to walk with me into the bar-parlour—I there asked him to give me the parcel he had in his coat pocket—he said he had no parcel—I said, "You have; and if it is too much trouble for you to take it out, I must assist you"—I took it out, and found in it eight or nine cigars, thirteen screws of tobacco and some bread and meat—I took him into the back-parlour and called the female prisoner down—I asked her if she knew the man—she said, "No"—I asked her if she bad ever seen that parcel before (that was the parcel that I had taken from the man's pocket, it was then lying on the table) she said, "No"—I had seen this man once before—Susannah Bastiongs met with an accident and went away—I did not take her wages, and she sent this man for her wages, 20s., which we gave him.

Cross-examined by MR. O'BRIEN. Q. You gave the man in custody, and the woman?—A. No, she followed us to the station-house and I gave her in custody there—I knew she would follow us—when I said I should give this young man into custody, she said, "I shall go and see him righted"—she had been in my service about five months—I heard her say that these were cigars that had been left by her brother-in-law to be given to this man—her box was searched afterwards and some more cigars were found there—I think eighteen.

CHARLES DOWDING . I am a meat-salesman, and live in Newgate-market—I am brother-in-law to Mr. M'Donald—I was at his house on the evening of the 9th of Nov.—I saw the female prisoner come down from the kitchen to the back-parlour—she went to a settle and gave a parcel to the man prisoner, who was sitting there—my brother-in-law came down in about twenty minutes—I heard him ask the male prisoner for the parcel—I did not see it taken from him—I saw it afterwards, it was the same parcel.

Cross-examined. Q. I suppose you knew this woman? A. I have seen her—she knew me—there were several persons there.

EDWIN PINNY (City policeman, 286.) I received the male prisoner in custody, on the evening of the 9th of Nov.—this parcel was given to me, this is it—it contains what was given to me then, and the cigars found in the box, fifteen in number.

WILLIAM M'DONALD re-examined. These cigars are the same as others I have—here are some papers of tobacco—they are the same that I have, but other persons might have the same—the woman said that her brother-in-law, who had left them, had gone to sea.

COURT. Q. Where do you keep your cigars? In a cigar-box in the bar-parlour—I had a large quantity, something like twenty pounds of them, but I keep one box filled on the parlour table, which held, perhaps, one pound or one pound and a half—I kept that filled from the stock boxes—I have lost half a pound at a time from the box, and altogether I have lost fourteen or fifteen pounds of cigars—the female prisoner cleaned that room every morning.

Cross-examined. Q. Have yon no bar-maids? Yes, two—they had access to that room.

SUSANNAH BASTIONGSGUILTY of Stealing. Aged 39.— Confined Six Months.

WILLIAM BASTIONGS— GUILTY of Receiving. Aged 28.— Confined four Months.