Thomas Smith

342

Maureen Withey on 10th May 2020

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 10 May 2020), January 1787, trial of THOMAS SMITH (t17870110-7). THOMAS SMITH, Theft > burglary, 10th January 1787. 165. THOMAS SMITH was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Mitchell , on the 1st day of January , about the hour of ten in the night, and burglariously stealing therein, one piece of worsted carpeting, value 1 d. a packing cloth, value 2 d. a woollen blanket, value 4 d. a callico sheet, value 6 d. a child's flannel petticoat, value 2 d. a stuff ditto, value 3 d. a linen bed gown, value 4 d. and one pair of worsted mittens, value 2 d. the property of the said Thomas Mitchell , in his dwelling house . MARY MITCHELL sworn. I am wife of Thomas Mitchell ; I live at No. 4, Ferguson's-rents, Westminster ; on the 1st of January, about eight in the evening, I went to my mother's, and took the child with me, and about half after nine, I returned, and put the child to bed; I left the street door open, but my room door was locked, and I had the key with me; there are other people lodge in the house, but whether they were at home I cannot say; I put my child to bed at half past nine, and staid while it was asleep, and went back to my mother's; and I returned as the watch was going ten, and found every thing safe, and the child asleep; I took a halfpenny off the mantle-piece, and I went back again to my mother's; I was going to sit up with her; she was very ill; and about half after ten, a woman came and told me my house was broke open, and the child crying; the child is two years old the 5th of last August; it is my brother's child; I keep it through charity; I am sure I locked my door each time; I always try it; when I came back again I found my door fast as I left it, and in the yard I found the prisoner, and two patrols one with the things under his arm and the other held the prisoner by the collar; he said, he caught him leaning in the window; the window which I had fastened down with a piece of gimblet was open there was a hole broke in the sash, one piece of gimblet on the floor; and the prisoner was in the window; I am per- sure this window was fast when I went out; I felt it with my own hands. When had you fastened it? - I fastened it on Saturday, but on the Monday evening I felt at the window when I let my bed down, and it was fast with this piece of gimblet; I lost the things mentioned in the indictment: there was a great coarse cloth that has been a packing cloth; I used it to cover my bed for a quilt, and no other; an old blanket, and a piece of old carpet, and an old callico sheet mended by me, and the other things, and a pair of yellow mitts, which were two odd ones; I said to the prisoner, oh, you villain, what could you think of robbing people poorer than yourself, I will fetch my husband to you; he said, fetch Tom Mitchell to me, he will not hurt me. Did you know the prisoner? - I never saw him till the Sunday night he came to enquire after my husband; he said, he wanted to borrow a deck of cards, and I said, two or three times, a deck of cards! you mean a pack of cards; and I said, it was an odd time to come for cards; and I said, the pack we have are my mother's; and he wished me a good night; he had been at work with my husband as a bricklayer's labourer ; I knew him no otherwise; the prisoner and the things were taken to the watch-house; I never had the things since. ELIZABETH SANSUM sworn. I live next house to Mrs. Mitchell; I came out about half after ten to shut my windows, and I saw a man on the opposite side of the window with a pipe in his mouth; I suspected him, so I stopped at my door, and in about ten minutes I saw the prisoner come out of Mrs. Mitchell's with the clothes under his arm. How did he come out? - He came out of the door with the things under his arm. Did he come out of the door? - Yes, out of the door into the street. Is the door you speak of the street door? - Yes, he came by my door; I did not know the prisoner; but I knew he was not any of Mr. Mitchell's lodgers, and therefore I took notice of him; he went up Perkins's-rents to go up Peter-street; so I thought to myself when he got to the watch box, I would have him stopped, because seeing a man on the other side of the way I was afraid of speaking, and then I saw him coming back with the two patrols; they brought him back, and I said, he had taken them out of that house; he went into the yard with me, and shewed the patrols where he had taken the things, and pushed up the window, and wanted to put the things in at the window again; I went and fetched Mr. and Mrs. Mitchell from her mother's, and the prisoner was taken to the watch-house. Court. Did you hear any conversation between the prisoner and Mitchell? - No other than Mitchell said, how could you serve me so; I did not hear the prisoner say any thing in answer. Mrs. Mitchell. My husband had been at my mother's from about six o'clock in the evening; he was asleep. JAMES M'GOUGE sworn. I am a patrol; the watch had done crying the half hour past ten, when I took the prisoner; my partner and me were standing at the end of Perkins's-rents, in Great Queen-street; and this man going by I stopped him; he had a bundle under his arm; I said, friend, what have you got here? he made some impertinent answer; I told him he should not go; then he said, they were his own property; I told him heshould not part with me till I knew what they were, and where he got them; he said, if you will come I will shew you where I had them; he went back to this street door and opened it, and went into the yard, and threw up the sash of the window, and was going to throw in the bundle into the window, upon the bed, and I would not let him; then I took the man to the watch-house; I sent a woman to call the man and his wife; I did not see her before, nor hear her. WILLIAM WATSON sworn. I am the other patrol; I was with the last witness, and assisted in taking the prisoner in the night of the 1st day of the new year; my partner and I was going on to Peter-street, in the parish of St. John the Evangelist; we always go two together; and in Peter-street, the corner of Perkins's-rents; I stopped to speak to the watchman, my partner was before; the prisoner came by, and I bid him stop him; my partner asked him what he had got there; he said it was his own property; I said, whether or no, we will take him to the watch-house; then he said, if we would not take him to the watch-house he would take us to the place where he got it; then he went with us to the house, and went very cordially through the house, he went into the back yard, there is a sash window, he threw the sash window up immediately, and wanted to put the bundle in where he took them from; we would not let him; my partner took the things from him, and he gave them to me; then Mrs. Sansum went and fetched the prosecutor and his wife; I heard Mitchell say to the prisoner how could you serve me so, to use me in this manner, to rob them that are poorer than yourself? JOSEPH PERCIVAL sworn. I was constable of the night; on the 1st of January, the prisoner and the property were brought to the watch-house: I took charge of him, and I kept the property. (Produced and deposed to.) PRISONER's DEFENCE. The gentleman and me were working together; we were talking of cards, and I asked him to lend me a deck of cards; on the Sunday following we were both together at the pay table, he promised to lend me a dirty deck of cards; I went into the garret, there was nobody: I was coming down and there came up a young woman and asked me who I wanted; and I said, Tom Mitchell ; and I saw Mrs. Mitchell, and I told her I wanted a deck of cards; she told me that her mother had the cards; and the morning following I was speaking to Tom Mitchell about these cards, and he told me to come down on Monday night as soon as I had had my supper, and I went into the Crown in Pye-street; and I was with a young man that I went for these cards for; I heard the child crying; and I saw this bundle laying up against the back door, and as there was nobody at home, I was going to fetch them home; and the patrol stopped me; I told them they were my own property; so I told him to come along and I would shew him; so I went into the back yard, and I lifted up the sash; I did not ask to put the things in; and then I was stopped; and this man said to me going along, if there were no more Irishmen than you, I would hang you for the sake of the bounty; if not for the sake of the country. Patrol. I did not say so, upon my oath. GUILTY, Death . Tried by the first Middlesex Jury before Mr. Justice WILSON. He was humbly recommended to mercy by the Jury . Court. On what circumstance? Jury. On his being young, and having some little knowledge of his brother colleague, as being a labourer with him. Court. It strikes me that they were very poor people; the things were but of little value, but they were their all. Jury. We think if they had not known him, he might not possibly have gone there. -------------------------------------------------- National Archives. HO 47/9/21 1789 July 21 Letter from James Adair enclosing a list of capital respites, in Newgate on 24 June, to whom no pardon has yet been granted, and on which his recommendations are noted against each name. Adair mentions that he is at a loss as to what to suggest for James Carse, convicted of murder, but periodically insane. List of capital convicts in Newgate, 24 June 1789. January Sessions, 1787 14. Thomas Smith, for a burglary in the dwelling house of Thomas Mitchell and stealing goods, value 8/5. Recommendation: transportation for life.

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Dennis Nightingale on 2nd May 2015

Born - Ireland. Single.