William Cook

135

C H on 11th March 2024

Old Bailey Online WILLIAM COOK. Theft; simple larceny (from 1827). 15th April 1830. Text type Trial account Defendants WILLIAM COOK Offences Theft > Simple larceny Session Date 15th April 1830 Reference Number t18300415-34 Verdicts Guilty Punishments Transportation 702. WILLIAM COOK was indicted for stealing, on the 17th of March , 1 butter-firkin, value 6d., and 67 lbs. of butter, value 2l. 9s., the goods of James Randall and others . MR. JOHN HOWELL . I am a malt-factor, coal merchant, and wharfinger , in partnership with James Randall and another, at Queenhithe - I was not present when this happened. JOHN HARRIS . I am a constable of Vintry-ward. I know nothing about the prisoner; I was bound over against two men, against whom the bill has been thrown out - I observed the prisoner opposite my house, No. 22, Queen-street, Cheapside, on the 17th of March, about half-past two o'clock, alone; I afterwards saw him with two others in Queen-street - they had nothing with them; the prisoner crossed over to Maiden-lane, and attempted a restcule - I never saw him in possession of a firkin; I assisted Smith in taking him the same day. Cross-examined by MR. PHILLIPS. Q. For what you know the two others might have employed him to carry something? A. No they did not, for I was following them, and know they were connected together. JOHN BENSON . I am a constable of Vintry-ward.I was called by Harris - we followed the prisoner and two others; I followed the prisoner, and saw him go alone into Mr. Howell's warehouse, Queenhithe - the other two were standing outside; I went into the counting-house, and gave information - I came out, and directly after the prisoner ran by me at a quick step; he had got nothing then - I had not seen him come out of the warehouse; it was a few minutes after he had gone in - I saw a firkin of butter in the possession of Evans, the constable, in about ten minutes; I am positive I saw the prisoner go into the warehouse. Cross-examined. Q. Did you see the firkin in the prisoner's possession? A. I did not - I believe I gave the same evidence before the Alderman. Q. Did you tell the Alderman you saw the prisoner enter the warehouse? A. My deposition was not taken before the Alderman; it was taken by Mr. Payne, and read over in the Alderman's presence - I was bound over to prosecute; after I saw the prisoner enter the warehouse, he ran past me - he had nothing then; Evans is not here. RICHARD GRANGE . I am warehouseman to Messrs. Randall and Co. On the 17th of March, between two and three o'clock, we received ten firkins of butter, which were lodged in the warehouse, and between three and four I missed one; I saw it about four in Thames-street, about a hundred yards from the warehouse, in possession of the officers - I had not seen the prisoner near the warehouse; inquiry was made if we had missed a firkin, I looked and missed one - I know that to be the same; it has the same brand mark, and is worth 2l. 9s. - I had been engaged in the warehouse on the same floor as the butter lay; but had seen no stranger there. Cross-examined. Q. Have you many persons employed in the warehouse? A. We have four, and at times, five regular hands - many people come on business; people are not allowed to come unless they bring goods; I saw every body that came with goods - I receive the notes for them - I do not see every body who comes unless they bring notes for goods, as I sign the notes - the warehouse door is open at the square, and people might come in to make inquiry; I suppose I was about twenty feet from the firkin - I am not always in one place - I was not more than twenty or thirty yards from it, I suppose. WILLIAM SMITH . I am beadle of Queenhithe. On the 17th of March, I was going down Bread-street-hill, and saw Lawrence stop the prisoner, with a tub of butter on his shoulder, forty or fifty yards from Messrs. Randall's warehouse - he asked him where he was going with it; he said a man had given it to him to carry for him; and he would go back and show him the person - he immediately put the tub of butter on the pavement - Lawrence went with him; I minded the tub till I saw him run away; I then followed him to Garlick-hill, calling Stop thief! and stopped him; he had been out of my sight for about a minute, as he turned into a small passage - I have no doubt of his being the man; I saw nobody with him - the butter weighed 29lbs., and was claimed by Grange, as his masters. MR. PHILLIPS to JOHN BENSON. Q. You saw him after he came from the warehouse without any thing? A. Yes, he was then about ten yards from the warehouse; he was running very fast then. NATHANIEL LAWRENCE . I am the street-keeper, and live in Trinity-lane, On the 17th of March, between three and four o'clock in the afternoon, I saw the prisoner coming up a passage opposite to Bread-street-hill, in a direction from Messrs. Randall's wharf, with a tub on his back; I hit it with my stick, and said, "Mate, what have you got here?" he said it was all right; I asked him to show me the bill of parcels - he then put the tub off his shoulder, and said if I would go with him he would show me the person who sent him with it; I crossed the street with him, went down the same passage, and the moment he got to the archway he took to his heels and ran away - I saw plenty of officers about, and called, Stop thief! they followed him, and I went back to mind the butter - he was secured in five minutes; I have no doubt of his being the person - the tub and butter are here. RICHARD GRANGE . This is the firkin; it has the ink marks W. A. the same as the others. Cross-examined. Q. Had you received many tubs from the same person? A. A great quantity at different times, but not on that day, or perhaps for a week before; we do not send them out at all - we are in the habit of shipping a number with the same mark, at different times; we received these ten from Lilwall and Co., of Lime-street - we received no others from them that day; we have at other times - I cannot swear we had received none within four days; we always ship them to Kent and Sussex - we send none by land carriage; I know this to be one of the ten sent that day. Q. Suppose you met that cask by itself, would you have known it from any others of the same firm? A. No. COURT. Q. Had you any other from that firm except the ten on that day? A. No, I think not; the mark was put on it before it came to us. MR PHILLIPS. Q. Will you swear positively you bad no others of the same mark in your warehouse that day? A. I know we had none of the same mark, nor any of a former stock. Prisoner's Defence. On the 17th of March the porter of Mr. Randall, who works in the warehouse, said he had seen me come into the warehouse to ask for work, and saw me go out without any thing; is it feasible for a moment that I should have taken the butter? if so the warehouseman or porter must have seen me; Benson says that in about ten minutes after I was taken with the butter; it being so short a time my friends are not here, and I throw myself on the mercy of the Court. JURY TO RICHARD GRANGE . Q. What description of butter is it? A. Limerick; the cask is No. 20, letter A., but we never take notice of the numbers. MR. HOWELL. The casks were marked W. A. in ink; we do not notice the brand marks. The prisoner then handed in a written defence as follows:"I went to Queenhithe to obtain work; a man came up and asked if I wanted a job, and said he would give me one, to take a tub of butter to the Angel, St. Martin's-le-Grand, and he would give me 1s. 6d.; I took it up, and got about one hundred yards when two men met me and asked if I had a bill of parcels; I said No, that a young man at the wharf gave me the goods to carry, and said he would follow me; I put down the tub and told him I would show him the young man; we went to the wharf, and could not find him; then the officer took me; there are two ways leading to the wharf; the officer went one way and I the other." THOMAS KELLY. I am a wine-cooper, and live at No. 46, Golden-lane, St. Luke's. I do not know the prisoner; I was coming up Thames-street on the 17th of last month- I had occasion to stop in the street for a friend who was coming after me, and saw a man ask the prisoner to carry a tub of butter; I both heard him ask him and saw him employ him - they had some altercation about the price of his wages for carrying it, but as far as I could understand they agreed for 1s. 6d.; I have not heard the prisoner's defence read - I stopped there and saw the man get the cask of butter and carry it up the street; my friend joined me, and I walked on - my friend's name was Casey, not Crawley; we had occasion to return in a very short time to the Custom-house, and I saw a crowd of people in the street, and found this man in custody near Queenhithe - a person there seemed to know him; I naturally inquired the cause of the crowd - a person there told me what it was, and I left my address with this man, who seemed to know him, that if any thing should occur they would know where to find me; I did not know the man I left my address with - he knew the prisoner very well; I said, "I saw that man employed not many minutes back to carry a tub of butter, and if any testimony I can give will be of use to him I will give it" - I left my address, and through that I have been led into be brought here; he was in custody of the beadle of the parish - the man I left my address with told me that he knew the prisoner very well. Q. Why not go to the beadle and tell him? A. I could not get near him; I was a good distance from him- I suppose twenty or thirty yards; it was in Thames-street he had hold of the prisoner - I could not make my way up to him; there were a great many people round -I did not like to interfere; I gave my card to tell where I was to be found - I knew he was taken up for this tub of butter; I did not go and tell the beadle what I had seen - I have no motive in coming here. Q. On your oath, where did you see the tub delivered to him? A. I saw him coming up the corner of Queenhithe with it; I do not know where the man delivered it to him - I did not see him deliver it to him; I saw the man agree with him about the price; if I have said I saw it given to him it is wrong. Q. Did you see any tub in the custody of the man who was talking to him about carrying it? A. No, I was not present when it was given to him, but I afterwards saw him carrying it. Q. Then for what you know it might have come out of this warehouse? A. It might. I lodge in Golden-lane now, and am a journeyman wine-cooper; I do not work for any body now, nor did I at the time this happened - I only work occasionally where I can get jobs; I have not been in regular employment for four years. Q. How many days have you been employed for the last four months? A. About ten days, but worked for no one in particular - I buy bottles, and sell them; I have not bottled any wine for the last four months - I buy bottles, and sell them again; I call myself a wine-cooper, because I was bred to it - I still profess to be one, but have not worked at it lately; I have not bottled wine for the last year; I sell bottles to the shops in Golden-lane. Q. Who applied to you to come here to give evidence? A. This man's mother - an elderly woman called on me; she found me through the address I had given the man- she could not know me through any other channel; I was not subpoenaed - I did not see his mother till to-day; she did not then see my card - I do not know where my friend Casey is - he saw this; I did not think it necessany to bring him here - I am not interested; Casey does not live in town - he is a gentleman who bottles wine and porter, and sends it to the East Indies; I do not think his name is in the Directory - he is not a resident here; I do not know where he lives - I have known him a long time; I found him in Thames-street that day - he only comes to town occasionally; I am not on terms of intimacy with him - I have often been employed by him as a porter to see wines and porter shipped, and things of that kind; I never asked where he lived - he pays me the moment I do a job; I have done nothing for him lately - I think it is more than a year or two since; I met him in the street on this day - he said if he had any thing for me to do he would employ me; I was out of employ - he had nothing for me to do; he told me to stop while he went into a gentleman's office, and I stopped - I got a few shillings from him; I believe it was 3s. 6d. - that is what he gave me, neither more nor less; he saw part of this transaction, and was with me when I saw this man in custody - he did not go up to tell the beadle; I told him I had seen a man bargaining with him to take the tub - I did not interfere more than I have stated - I never heard where Casey lives. GUILTY . Aged 28. - Transported for Seven Years .

341

Maureen Withey on 5th January 2020

Tasmanian Convict Descriptions https://stors.tas.gov.au/CON18-1-2$init=CON18-1-2p9