Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 30 November 2022), July 1869, trial of JAMES MARTIN (22) (t18690712-630).

JAMES MARTIN, Theft > burglary, 12th July 1869.

630. JAMES MARTIN (22) , Burglary in the dwelling-house of Thomas Hughes, with intent to steal.

MR. BRINDLET. conducted the Prosecution.

THOMAS HUGHES . I live at 10 1/2, New Inn Yard, and keep a beer-house—on the morning of 30th June, about 3 o'clock, I was disturbed by the police, and came down stairs—I found the police outside, with the prisoner in custody—I examined the cellar-flap, and found it partly raised—it was fastened by three bolts underneath—I found it partially raised—I had seen it safe the night before, at 12.30.

STEPHEN MERBONY . (Policeman G 193). On the morning of 30th June, I was in the New Inn Yard—I saw the prisoner there, with two others, near Mr. Hughes' beer-house—the prisoner was in a stooping position, over the cellar-flap—the men all ran away when they saw me—I followed, and sprung my rattle—the prisoner was stopped by policeman 90 H—I went back to the house, and called up the prosecutor, and then the flap was examined—I took the prisoner to the station.

Prisoner. Q. Which way did I run? A. From Bateman's Row towards Shoreditch Church—you did not turn round and ask what I wanted you for.

JOHN CRUDGE . (Policeman H 90). I met the prisoner on this morning, running from Bateman's Row up Shoreditch, followed by the last witness—I took him to the station with the last witness.

MAXWELL ALLINGHAM . (Police Sergeant G 15). I saw the prisoner stopped by the last witness—on the 29th June, about 3.45, I saw the prisoner and two men loitering about in the Curtain Road, up one street and down another—they went to a coffee-shop in Shoreditch—I went in after them—I searched the prisoner, and found a cotton handkerchief similar to this one (produced)—it was not hemmed—I heard the rattle the next morning—I went into the cellar of the house where the flap was raised, and found this handkerchief on the kitchen table, wrapped up in a piece of paper.

Prisoner. Q. Did you find that handkerchief on me? A. One similar to it—I believe it to be the one.

THOMAS HUGHES . (re-examined). I know nothing of this handkerchief at all—it is not mine—I did not see it there the night before—it was found in the kitchen, not in the cellar.

Prisoner's Defence. I am innocent of this charge. At the Police Court I was charged with attempted burglary, and then I was committed for trial here on a different charge altogether. I was coming down Curtain Road, and the two constables came up. One of them hit me in the eye and knocked me about, and then took me in charge.

GUILTY .

He was further charged with having been before convicted in March, 1865, to which he

PLEADED GUILTY.**— Seven Years' Penal Servitude.