William Clarke

135

C H on 16th February 2024

Old Bailey Online WILLIAM CLARKE. Theft; burglary. 6th December 1797. Text type Trial account Defendants WILLIAM CLARKE Offences Theft > Burglary Session Date 6th December 1797 Reference Number t17971206-56 Verdicts Guilty > Lesser offence Punishments Transportation 58. WILLIAM CLARKE was indicted for breaking and entering the dwelling-house of William Warner , about the hour of eight in the night of the 30th of October, and burglariously stealing, a box rule, value 16d. and six ivory rules, value 6s. the property of the said William Warner. JAMES MACBRIDE sworn. - I am servant to Mr. William Warner, who keeps a house, No. 61 and 62, Snow-hill ; it was No. 61, this property was taken from; he is a brush-maker and turner : Between eight and nine in the evening of Monday, the 30th of October, I heard some glass fall from the shop-window, I was in the shop, and went out and found the prisoner standing with his left hand in the window, and some goods in his right hand; when I spoke to him, he let them fall upon the pavement; I laid hold of him, we had a scuffle in the road, and in the scuffle I tore his coat; he got loose, and ran down Snow-hill, and I after him; I had him down at the end of Cock-lane, I fell over him, and he got up and ran up Cock-lane, I took him in the middle of Cock-lane; I never lost sight of him at all; my young master picked up the things; I saw them again about three minutes after I had brought him back; there were four ivory rules and one box rule; I cannot swear to them, my master can. Q. Was the window safe before you heard the glass fall? - A. Yes. Q. How long had you seen it before? - A. About before an hour, or perhaps more. Q. Did you see any glass about it? - A. I saw the glass in the window when his hand was in the window. Cross-examined by Mr. Alley. Q. Was there any body else in the shop but yourself? - A. There was a little boy, he is not here. Q. You can see into the shop from the street? - A. Yes. Q. There was a light in the shop? - A. Yes. Q. And therefore he must have seen every body that was in the shop? - A.Certainly. Q. Then if the prisoner had broke your window with intent to steal, he might have an opportunity of running away, upon seeing you come out to the door? - A. He might. Q. The foot-way is always very dirty, slippery, and narrow? - A. Yes. Q. Has it not happened continually, that people slip down and break the windows? - A. Yes, sometimes. Q. These things were not in his hand, but upon the ground? - A. They were in his hand when I laid hold of him. Q. You did not swear that before the Magistrate? - A. Yes, I did. Q. If any body had fell against the window, these things would have fell into the street? - A. No they would not, they were lying upon the window-board. Q. Were they an inch from the glass? - A. I cannot swear how far they were from the glass; they were upon the window-board, I am sure it is impossible they could have fell out. Q. You know this is charged as a burglary? - A. Yes. Q. You know the County are to pay you forty pounds, if the prisoner is convicted? - A. No. Q. You never heard such a thing? - A. Yes; I have heard such a thing. Q. Do not you expect it? - A. I expect a share of it, if he is convicted. Q. It must have taken you some time to have come round to the shop-door? - A. Yes. Q. Therefore he had abundant time to have run away before you could have come to the door to catch him? - A. He might. Q. Has Mr. Warner any partner? - A. No. ROBERT WARNER sworn. - I am son to the prosecutor; I was in the back parlour of the other shop, and hearing a cry of stop thief, I ran out to see what was the matter; I saw a man come out of the cellar, that was not the prisoner; I went to the other shop-window, and saw a square of glass broke, and some rules lying about the pavement; there were six ivory rules and a box rule; they had laid on the window-board, they have our shop marks upon them in my father's writing. Q. When had you last been there? - A. About a quarter of an hour before; I picked them up, they are my father's property; I did not see any thing of the prisoner till he was brought back, about five minutes after, by James Macbride; after he was brought back, he said, he did it by accident, he did not do it for the purpose; and he was in liquor at the time. Cross-examined by Mr. Alley. Q. These rules dropped out of the window? - A. Yes. Q. None of them were lost? - A. No. WILLIAM WARNER sworn. - I am the father of the last witness; I was in the country at the time; the rules have my hand-writing upon them, they are all mine; I went into the country that morning; they laid upon a slanting board in the window, with a ledge to keep them up; they were not standing against the glass. Cross-examined by Mr. Alley. Q. If a man's elbow had come against them, it would have swept them out? - A. No; it is impossible they could be swept out. Q. How high was that ledge? - A.About two inches. Q. You fell a great number of rules? - A. Yes. Q. Every thing that is in your shop, you mark with your own hand? - A. Every thing in the turnery way. Q. You will not swear that these had not been sold? - A. Yes, I will. Q. You do not know what were sold while you were away? - A. My servant knows that they were not sold. WILLIAM DODD sworn. - I am a patrole belonging to St. Sepuichre's: I was going up Snow-hill, the prisoner was then in custody in the shop; a charge was given to us, and we searched his pockets, and found some watch-materials in his pocket, which proved to be his own property; he went very quietly with us to the Compter. ROBERT METCALF sworn. - I am a patrole; I know no more than the last witness. Jury. Q. Was he in liquor, or not? - A. I cannot say whether he was or not. Q. Did he appear to be in liquor? - A. He seemed to me to be quite sober. Mr. Alley. Q. Upon your oath, was not the man drunk? - A. He did not seem so to me. Court. Q. Was he sober enough to get up and run away? - A. Yes. Q.(To Robert Warner.) Q. Did he appear to you to be in liquor? - A. A little, but not much; he seemed rather heavy about the eyes, and said he was in liquor; I am an officer in St. Sepulchre's parish, and I took charge of the prisoner, that is all I know. Prisoner's defence. I went out on the Monday after my work, I met with an acquaintance of mine, who said, trade was so slack that he was going to Coventry; it was about four o'clock when I met him, and I staid till eight with him; when I came out of the house, I found myself very much gone in liquor, and upon Snow-hill a man laid hold of me; when I was taken I had my work in my pocket, and the key of my box; I was going home to my father's. The prisoner called five witnesses, who gave him a good character. GUILTY Of stealing only . Transported for seven years . Tried by the London Jury, before Mr. RECORDER.

135

C H on 16th February 2024

Description 21. 5f 6 fair complex dark brown hair grey eyes Mr Luke Mr. a Labourer