Joseph Burdett

338

Penny-Lyn Beale on 24th November 2024

1794 - Colonial Secretary's Papers. 19 Nov 1794 Mulgrave Place, New South Wales, Australia On list of all grants and leases of land registered in the Colonial Secretary's Office; the grant cancelled in consequence of Burdett being killed by natives

342

Maureen Withey on 1st April 2024

Digitised Indent of ship Albemarle Joseph Burdett, tried at London, 10 Jan 1787, seven years. On 10 Jan 1787, at the Old Bailey, Joseph Burdett, along with several prisoners who had been formerly capitally convicted were pardoned, conditional to transportation for seven years. Original Trial: Joseph Burdett, tried at the Old Bailey, 19 July 1786. 608. JOSEPH BURDETT and JAMES EVANS were indicted for burglariously and feloniously breaking and entering the dwelling house of Jacob Hearn , about the hour of one in the night, on the 14th of July , with intention his goods and chattels, in the same dwelling house then being, feloniously and burglariously to steal . JACOB HEARN sworn. My house was broke open; the cellar and the rest of the house were fast; it was about twelve when I went to bed, and at half past one the flap of the window was found moved out of its place; I found the prisoner Evans laying on the top of the butt; one of the watchmen and myself brought him down, and brought him into the tap-room, and tied his hands; I asked him what he did there, he made no answer; we took him to the compter; I said to Burdett, how came you to do this thing? and he fell a crying. Were these lads drunk or sober? - Sober, and very decent. How was the flap of the cellar window fastened? - With a smallish dog. How was that dog fastened? - I believe it was not much fastened, they might lift it up on the outside. How were the doors fastened? - Locked and bolted, and all very safe; and we came down stairs and unbolted them; there was but one dog, and that they some how or another got up. It was but badly fastened? - No, it was not. Mr. Garrow. Will you describe a little more particularly the nature of this flap, does it project from the street, or is it flat on the pavement? - Flat on the pavement. Then upon this flap there are two doors I suppose? - No, only one. Then there is this put which you call a dog on the pavement; is there any communication from the cellar to your dwelling house? - Yes. How lately before had that been opened to let down any liquor? - Upwards of three weeks; I have been examined before Sir William Plomer , and the Lord Mayor. Then do you recollect telling my Lord Mayor that you really could not tell whether the brewer might not have left the door open? - I am sure it was fast, because I took hold of the bar to see, for we had been alarmed the night before. When you found these lads they were quite clean? - Yes, and very sober; I believe he had the same coat on he has now, and clean and decent; I found no implement of house breaking at all, nothing but a key atop of the cellar stairs; there is a door in the tap-room which we fasten at nights; therefore in order to get at any thing valuable in the house they must break through that door, except going into the cellar; the cellar windows are very shallow, not above four or five feet. When you saw Burdett, you said, I am astonished you should get into scrapes so near home? - His father keeps a public house close to me. I may venture to ask this, which is an odd question to ask of a prosecutor, what is his character? - I heard them say he was a very bad boy; an idle boy. But an honest one? - I never heard much of his honesty; his father said, I am sorry to meet you on this occasion; I shall be very glad to send him abroad. THOMAS MARTIN sworn. My partner called me from my stand, and I went down; and the window of Mr. Hearn's door was open; we found Evans first laying on a butt. Describe how you found him? - He was laying along upon three or four butts; I asked him what he did there; then my partner came down and we took him up stairs. What account did he give of his being there? - He said he fell into the cellar. Was he in liquor? - I did not perceive him in liquor at all. Where did you find the other prisoner? - I found the other prisoner between the butt and the wall in the cellar; when I asked who was there twice, he did not answer; then says I, I will strike you with my staff; I told him, it was him I wanted, and nobody else. Jury. How did you find the flap of the window? - Over the curb, about six or nine inches, I will not say to an inch or two; finding it in that manner we supposed somebody to be in the cellar. Court. It was not lifted up quite? - It was not, it did not lay in the grove or rabbit. DANIEL MOORE sworn. I am a watchman; I was on my duty between one and two in Coleman-street, and a young woman came to the end of the alley and called out watch, and said, they had thieves in the house, I ran immediately for assistance; we went down into the cellar; Martin was there first, and another man; and we found first one man, and then the other. PRISONER BURDETT'S DEFENCE. I leave it to my counsel. PRISONER EVANS'S DEFENCE. As I was coming past, this young man had fallen down into the cellar, and he cried out for help, I went down to him, and he asked me to help him up; he was lame, and tr od upon a brick, and he pulled me down, being very much in liquor. The prisoner Burdett called three witnesses who gave him a good character. JOSEPH BURDETT , JAMES EVANS , GUILTY, Death . They were humbly recommended to mercy by the Jury on account of their youth. Tried by the London Jury before Mr. RECORDER.