John Spencer

135

C H on 18th March 2024

Old Bailey Online JOHN MAGRAW. SAMUEL DRAPER. JOHN SPENCER. Theft; theft from a specified place. 29th November 1832. Text type Trial account Defendants JOHN MAGRAW, SAMUEL DRAPER, JOHN SPENCER Offences Theft > Theft from place Session Date 29th November 1832 Reference Number t18321129-12 Verdicts Guilty, Guilty, Guilty Punishments Transportation 12. JOHN MAGRAW , SAMUEL DRAPER , and JOHN SPENCER were indicted for feloniously breaking and entering the warehouse of William Morrice , on the 2nd of November , and stealing therein, 220 lbs. of coffee, value 11l., 2 bottles, value 4d., and 3 pints of wine, value 10s., his property; and that the said John Magraw, had been before convicted of felony . WILLIAM MORRICE . I live in Finsbury-circus - my warehouse is in St. Mary-axe, in the parish of St. Mary-Undershaft ; I am a wine-merchant . I had some coffee in my warehouse on the 22nd of November; I am not quite certain whether I was there that day - I was sent for the same evening, and perceived a quantity of coffee taken out of a cask, and put into a bag; I had given no order for that - there were between 2 cwt. and 3 cwt.; I have a wine warehouse at the back, and there I found a bottle with the cork knocked off, and the wine drank - I have seen Draper frequently; I do not know how he was employed - I found Magraw secured in the warehouse, and two bottles of sherry close by him; he had no business there - the sherry had not been drawn: it laid close to the coffee, which was not the proper place; on searching further, we found a dark-lantern and chisel - the entry had been made by picklock keys. JOHN WILLIAM KNIGHT . I am twelve years old - I live in Three Cradle-street, nearly opposite Morrice's warehouse. I came out about seven o'clock, to get a penny worth of biscuits for my schoolmaster's little boy, and saw Draper at the gate of the warehouse, by the lock - I went back to school with the biscuits, and about eight o'clock I came out of the school, which is over the prosecutor's warehouse; I saw Draper standing at the corner of the court - he went away for about five minutes, and then he came back; I was standing at the corner of the court - he went back, and came over to the gate of the warehouse; I thought he was making water at first, but I heard the padlock struck up against the door several times: the door was secured by two padlocks and bars - I then went, and called Mr. Purser, who has the care of the warehouse, and lives two or three doors from it; I went on to the corner of the court, and heard the locks knock up against the door again, and then Draper went away; I saw him run from Mr. Purser. EDWARD CROOK . I am a watchman of Aldgate ward. On the 22nd of November, about a quarter before nine o'clock in the evening, I heard a cry of Watch! and Stop thief! I was in St. Mary-axe, at the bottom of Cradle-court - I got into the middle of the road, and saw Draper running down, as fast as he could run; I stopped him, and took him to the watch-house on suspicion; he said nothing- Purser was pursuing, calling Stop thief! and was not four yards behind him when I stopped him. JOHN PURSER . I am in the employ of Mr. Morrice. I was at the warehouse at a quarter or twenty minutes after five o'clock, and left it all safe; John Knight came and gave me information - I went to the warehouse directly, and found a padlock missing from the gate; it was fastened - the warehouse could not be entered without undoing the lock; I saw Draper standing at the door - as soon as he went away I followed him; he walked quickly; I caught hold of him by the coat - he struck me, and broke from me, threw the lock and key down the area, and then ran away - I afterwards saw the padlock and key brought up; the padlock belonged to the warehouse, but the key in it was a skeleton one; he ran away as hard as he could - I never lost sight of him; Crook stopped him: I went to the warehouse, and found a bag of coffee which had been filled from a cask, which stood there - there were 220 lbs. or more; it was quite safe when I left - I searched, and found the other two prisoners in the warehouse; they had no business there - they had no means of getting in, but by opening the gate; on going farther up the warehouse I found another bag, with 70lbs. or 80lbs. of coffee; I am sure it had no coffee in it when I left it - I found two bottles of wine alongside the bag, which had not been opened, and there was one bottle with the neck knocked off, and the wine gone. JAMES COOPER . I am constable of Lime-street. On Thursday evening, the 22nd of November, about half-past eight or a quarter to nine o'clock. I was at my own house, and heard the cry of Stop thief! I live at No. 49, St. Maryaxe; I came out, saw Purser and others running, and in about a minute, as I followed them, Crook and Purser were returning with Draper - I pursued till he was lodged in the watch-house; in going along, in consequence of what I heard, I went to Mr. Lindo's, No. 14, St. Mary-axe, and asked for the lock and key; Mr. Lindo gave me a padlock and two skeleton-keys - I did not see where he got them from; Purser claimed the padlock - I went into the warehouse, and found Spencer; as we entered the premises he cried out, "Here I am master;" he did not say how he came there: we found two bags of coffee and two bottles of wine, and on searching the farther end of the warehouse we found Magraw concealed in some hampers - I have the padlock and keys; we searched further, and found a dark-lantern, and a chisel. JANE HARRINGTON . I am servant to Mr. Lindo. I found the padlock and keys in the front area - I had heard them thrown down against the shutters in the area; I went out, and found the padlock with one key in it, and another key a short distance from it; I heard the cry of Stop thief! and went to the street-door in a minute or so, and gave them into Mr. Lindo's hands; he gave them to Cooper. ROBERT REGARLSFORD . I am ward-beadle. Draper was brought to Lime-street, watch-house; Stevenson came in - I went with him to the warehouse, and found the other two prisoners there. ABRAHAM DRAPER . I am constable of the night; the prisoners were given into my charge; I searched them, and found nothing material about them. WILLIAM ROBINS . I am foreman of St. Katharine's-dock. I know that Magraw was convicted of stealing coffee - I was present at the trial in April last; I have not a doubt of his being the person; he received a good character, and was confined for two months. JOHN PURSER . I am quite certain this is the padlock; I did not examine to see if the other padlock had been picked. ROBERT REGARLSFORD. I opened the padlock by a picklock-key, which I found would open it. Magraw's Defence. I went in the warehouse in the day time, and went to sleep Draper's Defence (written). I was coming up St. Mary-axe, and I had occasion to stop at Mr. Morrice's warehouse door, which is a place much frequented; when I came away, a man overtook me, and accused me of taking the lock off the door, and likewise stated that he saw me throw the lock and two keys away, which is utterly false. Magraw. I had a good character after I came out of my trouble, and hope you will be as lenient as possible, having a wife to maintain. MAGRAW - GUILTY . Aged 27. DRAPER - GUILTY . Aged 32. SPENCER - GUILTY . Aged 22. Transported for Life .

338

Penny-Lyn Beale on 29th August 2020

New South Wales, Australia, Convict Indents, 1788-1842. John Spencer No; 1474 - 77 Age; 29. Est birth Year; 1804 Single; Read & Write. Religion: Protestant Native Place: London Calling; Warehouseman and Church Singer Date of Trial: 29 Nov 1832. London Offence; Warehouse Breaking Sentence; Life Height; 5 ft. 5 inches Complexion: Hair: Brown Eyes; Hazel Noted against his name; Died at Wingello on the 2nd November 1837