James Newland

Level 135

C H on 31st March 2024

Old Bailey Online WILLIAM PRIOR. JAMES NEWLAND. Theft; simple larceny (from 1827), Theft; receiving. 28th November 1842 Text type Trial account Defendants WILLIAM PRIOR, JAMES NEWLAND Offences Theft > Simple larceny, Theft > Receiving Session Date 28th November 1842 Reference Number t18421128-96 Verdicts Guilty, Guilty Punishments Transportation 96. WILLIAM PRIOR was indicted for stealing, on the 27th of Oct., 1 firkin, value 1s.; and 84lbs. weight of butter, 2l. 10s.; the goods of Henry Taylor; and JAMES NEWLAND , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c. MR. DOANE conducted the Prosecution, JOHN FLYNN . I am in the service of Messrs. Jones, of Fishmongers' Hallwharf—about six o'clock in the evening of the 27th of Oct. I assisted in loading one of Mr. Taylor's carts with twenty-five firkins of butter—Joseph Woodham was carman. Cross-examined by MR. SORRY. Q. WHEN DID you hear of this loss? A, On the following day. JOSEPH WOODHAM . I am servant to Henry Taylor, a grocer. About six o'clock in the evening of the 27th I went to Fishmonger's Hall-wharf—I got 25 firkins of butter, and I then went to Mr. Rutts, the cheesemonger, just by Tooley-street—I left the cart while I went hi for some cheeses—I did not miss the firkin till I got home. JOHN GRIFFITHS DUNKS . I am a labourer at St. Katherine's docks. On Thursday evening, the 27th of Oct I was at the end of Tooley-street, near London-bridge—I saw a cart containing some casks—Prior and another person went to it—Prior turned his back to the cart, and his companion put a cask on his shoulder—they went to a cab-stand, put it into a cab and drove off—I went behind the cab and laid hold of it, it went on to the corner of King Ed ward-street, close to Wbitechapel-road—the cab stopped about fifty yards from No. 12—Prior's companion got out and went to No. 12—he then returned and tqld Prior to bring the cab up—they then went Up to No. 12—I then saw Newland in the passage of No. 12 with a light in his hand—Prior and his companion took the cask into the house—the cab was then discharged—they all three went in, and the door was closed—I was there two or three minutes—they then all came out and went to a beer-shop exactly opposite—t then went to a policeman in Whitechapcl-road, and told him what I had seen—he went to get further assistance, and told me to stop there—while the policeman was gone, Prior and his companion came out—I followed them, and when assistance came up, Prior was taken, the other ran away—I then went with the policeman to the passage of No. 12, King Edward-street—the parlour-door was open about half an inch—I heard the knocking of a hammer. in the room, and directly the policeman said, "I hear the knocking of a hammer" the door was closed—he forced it open—we went and found Newland there—I saw a hammer and gimlet, and the firkin—the hoops were lying on the floor—Newland said at the station, that it was thrown into the passage. Cross-examined by MR. PAYNE. Q. That is not a part of the Court you are used to, is it? A. I have never been in any other part of the Court but the witness-box—I was at the Thames Police Court, where I was fined 51. for committing an assault on my wife—that is the only time I have been in custody—I did not pay, and went to prison—I was before a magistrate for picking a man's hat up—I was discharged—I never was charged at the Thames police about tobacco—I work in the St. Katherine's docks for Mr. Hunter, a wharfinger—I have worked for him five years as extra labourer—I never was taken up for deserting my wife and children—the parties got into the cab at the foot of the bridge, about a mile and a half from King Edward-street—I put myself in the middle of the road—when I saw Newland with the candle I was about five yards from the door—I swear I saw all three go into the beer-shop. Cross-examined by MR. HORRY. Q. Had you been at work this day? A. I had been at work from eight till four o'clock the day before—I had worked for Mr. Hunter four days in the week before—I live near St. George's church—I was going to Bow, I had got a child lying dead there, and was going to see it—I stopped for a minute or two at the end of Tooley-street, and there were several carts going by—I was seven or eight yards from the cart when the firkin was taken—it attracted my attention—I stopped till they passed me, and then watched them—they took the last cab—I did not take particular notice of the driver—it drove off directly the firkin was put in—I went behind the cab all the way—I saw a policeman in Fenchurch-street, I called to him, and he did not hear me—there were carts passing—I did not leave the cab to call him—they went down Osborn-street, Montague-street, and then turned to King Edward-street—I did not notice any person near where the cab stopped—I was close to it when it stopped—it was about fifty yards from No. 12—I then left it, and watched the first man that got out—Prior remained with the cab—I followed the other man down the street again to the cab—I did not notice any one passing—there was a chandler's shop open at the bottom of King Edward-street—I was not far from the cab when I heard the man say, "Bring the cab to No. 12"—the cab was then paid and went away—I staid outside the house two or three minutes—the men came out and went to the beer-shop—I came back to Whitecbapel-road for the policeman and found one—we then met Prior and be was taken—the other man got away—Whitechapel-road if about 150 yards from King Edward-street—Prior had a washed shooting jacket on. MR. DOANE. Q. Your brother-in-law had been fighting? Yes, and I was taken for a breach of the peace. ROBERT JOHN O'BRIEN (police-constable H 195.) On Thursday evening the 27th of Oct. I was in Whitechapel-road, and saw Dunks about 200 yards from King Edward-street—he told me what he had observed—we got another officer and met Prior and another man not in custody—Dunks pointed them out, they were going towards Mile-end-gate—I got the assistance of an officer—I told him to take one, and I would take the other—Prior then looked back and saw us—he quickened his pace—I overtook him, and the other officer lost the other man—I then went to No. 12, King Edward-street, and forced the door open—I went in and heard a hammer—I said, "Here goes a hammer"—the door was then shut to—I pushed it open, and saw Newland—the firkin was on the floor, and three hoops off it—he had got a hammer in his hand, and a gimlet with butter on it—the parlour is at the back of the shop—it seems a private house—I asked Newland what he had got—he said, this cask was thrown into his passage, and he was about seeing what it contained. Cross-examined by MR. HORRT. Q. Have you never said that Prior and the other man were walking quickly? A. Yes, but when he saw me he walked quicker, when he saw me run he began to run—I do not recollect saying he ran three or four steps. Cross-examined by MR. PAYNE. Q. IS not this house used as a green-grocer's shop? A. I do not know—I could not see at that hour—the street door was open—it seemed a straight passage to the parlour door—the floor of the passage seemed lower than the pavement—if a tub were laid on the threshold it would roll. (Property produced and sworn to.) (Robert Simmons, baker, Collingwood-street, Mile End; Charles Harding, chandler, Wellington-street, Whitechapel; John Vince, builder, Duke-street, Bethnal-green; Joseph Jacobs, licensed victualler, Duke-street, Mile End; Christian Lawson, grocer, North-street; gave Prior a good character; James Young, weaver, Cannon-street, Bethnal-green; William Hankins, wearer, King Edward-street; William Vanner, weaver, King Edward-street; John Perryi James-street Bethnal-green, gave Newland a good character. PRIOR— GUILTY . Aged 18. NEWLAND— GUILTY . Aged 35. Transported for Seven Years.