John Marlborough

135

C H on 11th April 2024

Old Bailey Online SAMUEL PALMER. JOHN MARLBOROUGH. Theft; grand larceny (to 1827), Theft; receiving. 26th May 1790 Text type Trial account Defendants SAMUEL PALMER, JOHN MARLBOROUGH Offences Theft > Grand larceny, Theft > Receiving Session Date 26th May 1790 Reference Number t17900526-78 Verdicts Guilty, Guilty > With recommendation Punishments Transportation, Transportation 516. SAMUEL PALMER was indicted for stealing, on the 1st of May last, eight bushels of oats, value 14 s. a hempen sack, value 1 s. the property of Richard Mountain . Another Count, for stealing the same goods, laying them to be the property of Richard Hodges . And JOHN MARLBOROUGH was indicted for feloniously receiving the said goods, on the same day, knowing them to be stolen . RICHARD HODGES sworn. I am a wharfinger at Northumberland wharf, Scotland-yard: I keep carts and horses. On the 1st of May, about six in the morning, I sent a load of corn to Castle-street, Oxford-market: the carman's name was Robert Stevens . Mr. Garrow, Prisoner's Counsel. Let Stevens go out of court? - There were thirty sacks; that is fifteen quarters; I saw it delivered in the cart, all right; I told it myself. Whose corn was it? - Mr. Mountain's; I carted it for him; he was to deliver it to a gentleman, Mr. Akers, in Castle-street: Palmer was a carman with me; I had discharged him; and he was then what we call a trouncer. About five or six in the evening, I sent another load by a carman of the name of Blackhall; there were thirty sacks, fifteen quarters, to go to Mr. Carr, in Oxford-street, the stable keeper: Palmer was trouncer with that cart: that was likewise Mr. Richard Mountain's: I saw the prisoners sign their confessions; there was no promise. Mr. Garrow. Malborough attended to give evidence against Palmer? - Yes; he was obliged to attend; they were all taken up. WILLIAM DARMER sworn. I am a cooper, in Mary-le-bone-street, Golden-square. On Saturday, the 1st of May, between six and seven, I saw one of Mr. Hodges's carts coming up Oxford-street loaded with sacks: I saw the prisoner Palmer bring one sack loaded with corn or sugar (God knows what it was; it might be saw-dust) and carry it into Marlborough's house; the cart went on, and stopped about ten yards up Francis-street, while the man came our. In the afternoon, between four and five, I saw another of Mr. Hodges's carts; I was coming into my house; it was loaded with sacks in the same manner, and this same man, he did not take it from the cart; that I do really believe; for the carman put it on his shoulder; but he brought it from the cart to Marlborough's house; I saw him come out; the cart and he went up Francis-street likewise: as to Marlborough, I know nothing of him; but he certainly carried the sacks into that house; what was in them, God knows, whether corn or saw-dust. Mr. Garrow. You did not examine at either of the times, what number of sacks were left in the cart? - No. Whether this was a sack picked up in the road, after the compliment was compleat, you cannot say? - I cannot. What is a trouncer? - When I have had coals come in, they have asked me if the trouncers should trim them; that is all I know: I recollect, in putting it down, it fell in the street; I thought the carmen were worse than him, for they gave it to him. ROBERT STEVENS sworn. Mr. Garrow. I submit whether there is enough to let in this fellow? Court. His evidence is certainly competent. Stevens. I used to work at the coal-wharf: I was the first carman, on the 1st of May, I had a load of oats, fifteen quarters, to carry to Castle-street, Oxford-market. Did you go with it safe there? - I went up Mary-le-bone-street, and the other partner with me took a sack off his cart, and told me to go on. Where did he carry it to? - I do not know. You mean Palmer? - Yes. You was the carman, and he the trouncer? - Yes. When you came to unload, how many sacks had you? - He told thirty full sacks. Were there thirty full sacks? - I do not know; I did not tell them when they were loaded. Had you taken up any sack in the way? - No. Was the sack that was taken from your cart, one of those that were loaded at Mr. Hodges's wharf? - Yes. Mr. Garrow. How long have you been a thief? - I never was in gaol before. You did not help to take it off? - No, Sir. That you are quite sure of? - Yes. He did it without your consent, I warrant you? - Yes. You were to carry the thirty sacks? - Yes. And you carried him thirty? - Yes. So they took you up for this? - Yes. And you was sent to gaol? - Yes, worse luck. Was afraid of being hanged, if you did not tell this story? - I tell no more than the truth. Jury. Do you say that he took that sack without your knowledge? - I did not know he took it off; he told me to stop the cart, and I stopped. Do not you always walk together? - Yes. Is not the cart always tied? - I did not help him to take it off. Who did? Darmer. A man or boy, God knows which it was, helped him; he could not take it off himself. WALTER BLACKHALL sworn. I was a carman belonging to Mr. Hodges; I was an odd man there for two hours; I drove this cart in the afternoon, to go to Mr. Akers, the stable-keeper, in Oxford-road: I stopped just as I turned into Francis-street, I think, as you go into Golden square, for my horses to stale. Mr. Garrow. And for you to steal? - No, Gentlemen, I did not: I turned my head round, and I saw Samuel Palmer with a sack out behind; but where he carried it to, I cannot say. Was it one of your sacks? - I cannot say; I did not see where he took it. Did you stop? - No; I went on with my cart. Mr. Garrow. Did he steal this without your knowledge? - I do not know upon my word; I did not see where he took it from. Who helped him off with it? - I cannot say. Upon your oath, did not you? - No, I did not. Will you swear that positively? - Yes, I will, and take my oath positively. What, you did not know what was going forward? - No, I did not indeed; I will tell the truth as nigh as I can. You really mean to say you did not know what was going forward? - I did not. Did you tell the gentleman that you had lost a sack? - No; I did not know whether I had or not. Now, Mr. Honesty, how came you not to tell there was a sack lost? - I could not tell that, because I did not know whether there was or not. You do not know now? - No. Did not the gentleman give you a bill for the thirty sacks? - He gave the other man the bill; I saw the man put a sack from my cart. Do you usually let a man take a sack? - I never did in my life, not before this time, nor at this time; I was not sure that he took it from my cart. You said this moment, that you saw him taking it from your cart? - I saw him with the sack on his back; I did not know any thing at all more than seeing the man with the sack on his back; I was along with the cart. They sent you to gaol? - Yes. That was very wicked of them? - I cannot tell that. THOMAS HODGES sworn. I went to Marlborough's house, in Mary-le-bone-street, on Saturday night, the 1st of May: I know nothing of the transaction in the morning. On Saturday evening, there was a cart went out, drove by Blackhall, to Mr. Akers's, in Oxford-street; there was a sack short when the cart came back; we sent notes with them; they sent back a note for twenty-nine and a half; I immediately went to Mr. Akers; and Mr. Akers's foreman gave me information; I found a sack short; I reckoned the sacks when they came back, and there was a sack short; and after some time, there was a letter came down, which led me to Marlborough's house: I fetched a constable, and took the carmen into custody; I went with the carman, Stevens: he said he thought he could inform me of the house; and went to Marlborough's house, and found four sacks, seemingly oats, and a large basket and an orange chest; Marlborough keeps a horse and cart, and moves goods, and keeps a fruit-shop; the sacks were marked the same as Mr. Mountain's, R. M.; I told him what the carman had confessed; that he had bought two sacks of Samuel Palmer , and given five shillings a sack for them. On Monday morning we went to Mr. Hyde's; and Marlborough confessed, which was taken in writing; I saw him sign it; on the Saturday night he told me he had bought two sacks of Samuel Palmer , that same day, and given five shillings a sack; I suppose then the oats sold for sixteen shillings. RICHARD MOUNTAIN sworn. It cost fifteen and six-pence on board the ship; then there is lighterage and cartage to it. One sack is but half that value? - No. Mr. Garrow. What did you charge it to Mr. Akers? - I could tell you; but it is not a fair question; but I charged him sixteen shillings and six-pence. Joseph William Carrington called, but did not answer. Prisoner Palmer. I leave it to my counsel. Prisoner Marlborough. I leave it to my counsel. SAMUEL PALMER , GUILTY , Transported for seven years . JOHN MARLBOROUGH , GUILTY , Transported for fourteen years . John Marlborough was recommended to mercy by the jury, from motives of compassion, having a large family, and his wife laying in.