Charles Marshall

Level 347

Maureen Withey on 15th November 2019

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 15 November 2019), February 1822, trial of CHARLES MARSHALL , alias ANDERSON (t18220220-22). CHARLES MARSHALL, Theft > burglary, 20th February 1822. 347. CHARLES MARSHALL , alias ANDERSON was indicted for burglariously breaking and entering the dwelling-house of Ezra Gardiner , at St. Sepulchre, about three o'clock in the night of the 17th of January , with intent to steal, and stealing therein, 406 lbs. of tea, value 126 l.; one watch, value 25 s.; one key, value 5 s., and the sum of 12 l., in copper monies numbered , his property. EZRA GARDINER . I am a grocer , and live in Long-lane, Smithfield, in the parish of St. Sepulchre , and rent the whole house. I went to bed on the 17th of January, about twelve o'clock; my brother was the last person up, but when I went to bed, the outer doors were secured. I had 292 lbs. of black tea, and 114 lbs. of green tea in the stock, at three o'clock in the afternoon, it was in the shop - my silver watch and key hung over the fire place at supper time, I left them there at night. The tea was worth 126 l., and the watch 50 s. - I had 4 l. or 5 l., in loose copper money in the till, I got up a little before seven o'clock in the morning, it was daylight - I had heard no noise in the night, I was the first person that came down. I found the shop door wide open, and a mat against it; no force had been applied, it must have been done with a picklock - the tea was in five chests, three black and two green. On going into the shop, I found the cannisters in disorder, and one of them empty, which was half full when I went to bed. I found the yard door, at the back of the house, had been opened from within, and on going into the yard, I found the yard door, which leads into Three Fox-court, broken open by a crow-bar. I had had it nailed up ever since I had been in the house, it had the marks of a crowbar. I found some person had got over the wall and down on a dust hole, and from there, crept through the iron rails, into my back kitchen window - they could then open the back door of the house, and the shop door. On going into the house again, I found the back parlour had been entered, and from 8 l. to 9 l., in 5 s. papers of copper taken from a desk, which was generally open, the watch also was taken from the same parlour. The prisoner is a strange to me. On going down Three Fox-court, I met a carman, who gave me the till which had been stolen that night, and on going further down the court, I met Okell. The same morning, about eight o'clock, I saw my watch in the possession of Forbes. I saw three bags of tea, of a similar quality to what I lost, and two of the bags are like those in my house, but the tea was not in them in my house; one is a rice bag, and rice was strewed about my shop, and on emptying that bag, I found rice mixed with the tea at the bottom of it - I cannot say whether the kitchen window was secure. ROBERT ARCHER GARDINER . I am brother of the last witness. I went to bed about half an hour after him, and was the last person up. The back parlour and the shop door were secure, I locked the back parlour door myself; the watch was then safe, the clock struck one, as I got into bed, and I thought I heard the back door go; I listened, a quarter of an hour, heard no more, and went to sleep; my brother awoke me at seven o'clock, and I found the things as he has described. JOHN FORBES . I am a constable. The prosecutor's house is in the city. About a quarter before one o'clock in the morning, of the 18th, or the night of the 17th of January, I was at the watch-house, in Cow-cross-street; Okell, the patrol, came to the door with another person, with three bags of tea, which Mr. Gardiner afterwards claimed. I went out with two patrols, without their coats, and on entering the pig-market, I saw the prisoner apparently rising up from one of the pens; I went up and seized him, he made a very strong resistance, and said he would not be taken, for he had done nothing - we took him to the watch-house, as we went, I saw him put his left hand towards his pocket; I told Okell to secure his left hand and I laid hold of his right, we confined both his hands, and took him to the watch-house - upon searching him, we found a watch in his left side breast pocket, which Mr. Gardiner claimed, the glass was broken, but the watch was going - I asked him how he came to carry his watch in that pocket, he made no answer, but said it was his own; I asked the maker's name and number, he said he did not know, and that he had no mark on it - he said there was a person who could describe it, and knew it to be his; he did not name the person, nor produce any such person. In his other pocket, I found a drop latch, a common small box key, and a letter addressed to Mr. C. Marshall, No. 10, Lower Hart-street, Covent Garden. I went to that place the next day, and found the latch key opened the door. I locked him up, and between seven and eight o'clock, saw Mr. Gardiner, and asked him to describe the watch, which he did before I produced it. Cross-examined. Q. How far is the pig-market from the prosecutor's - A. Within one hundred yards - he was up three or four pens. THOMAS OKELL . I am a patrol. I was going my rounds between three and four o'clock, in Three Fox-court, and saw a carman cleaning his horses, and as he took his horses to water, he perceived three bags in his stable, and told me. I took two, and he brought the other to the watch-house with me; my two weighed above 70 lbs.; they contained tea, which Mr. Gardiner claimed in the morning; the other weighed 29 lbs. In the morning, Mr. Gardiner shewed me his premises, the door leading to Three Fox-court, was forced open; that appeared to be the way they had got in. I went with Forbes to the pens in Smithfield, and saw the prisoner there - Forbes's account is correct. I saw the watch taken from his left hand inside coat pocket. Cross-examined. Q. How far was the tea found from the pens - A. Near two hundred yards. The stable is not above twenty yards from Gardiner's. JOHN NEWTON. I am a beadle. Okell brought the tea to the watch-house; it weighed 104 lbs. and a half, with the bags. The prosecutor claimed it. HENRY TURNPENNY . I belong to the day patrol. On the 18th of January, I was sent for, and examined thepremises, which were in the state represented by the watchman. The yard door was forced open with a crow. MR. GARDINER. I find a quantity of rice in one of the bags, there is rice and tea mixed with it now. (Watch produced and sworn to.) Prisoner's Defence. I had been drinking in Brick-lane, was returning home, up Sun-street, came across Finsbury-square, along Long-lane, and was taken ill in my bowels; I crossed the pig market, and got into the pens; I found something laying there, picked it carefully up, and saw it was a watch - I put it in my coat pocket, remained there a few minutes, and was buttoning my clothes up, when Forbes came and secured me; all the resistance I made was saying I had done nothing, I did not see why I should go to the watch-house; they took me to the watch-house, and being flurried and agitated, I said the watch was mine. I believe Forbes has stated right. JOHN FORBES re-examined. The watch was in the same state it is now - it was a dry morning; he appeared perfectly sober. I went and examined the pens with a lantern, there was nothing to induce me to suppose he had been there for a necessary occasion; I saw him getting up apparently as if looking round. There was nobody else there. GUILTY - DEATH . Aged 19. Recommended to Mercy, by the Prosecutor and Jury, on account of his youth, and hoping it to be his first offence. London Jury, before Mr. Common Sergeant.

Level 347

Maureen Withey on 26th July 2019

Hobart Town Gazette, 4 Mar 1825 Absconded prisoners Charles Marshall, alias Anderson, 392, 5 ft. 5 in. dark brown hair, dark brown eyes, 24 years of age, baker, tried at London Feb. 20,1822, sentence life, arrived in this Colony per Morley 1823, native place Covent Garden, M. B. M. X. on left arm, absconded from the service of Mr. J. B. Bridekirk Dec. 25,1824.—£2 Reward.