Henry Stephens

135

C H on 28th February 2024

Old Bailey Online FRANCIS LAWS. HENRY STEVENS. Theft; grand larceny (to 1827), Theft; receiving. 16th February 1826 Text type Trial account Defendants FRANCIS LAWS, HENRY STEVENS Offences Theft > Grand larceny, Theft > Receiving Session Date 16th February 1826 Reference Number t18260216-153 Verdicts Guilty, Guilty Punishments Transportation, Transportation 514. FRANCIS LAWS was indicted for stealing, on the 3d of February , 1 cask, value 5s., and 27 gallons of Holland Geneva, value 30l. , the goods of Richard Stones ; and HENRY STEVENS was indicted for feloniously receiving the same, well knowing it to have been stolen . ANOTHER COUNT, stating it to be the property of William Johnson and John Tabor . MESSRS. ALLEY and FISH conducted the prosecution. RICHARD STONES . I live in Church-lane, and am a master carman . I was employed by Messrs. Tabor and Johnson, to carry some wine and Hollands over the water, on the 3d of February - I gave the papers to Laws, who was to drive the cart, about one o'clock that day, to go to get the wine from the London Docks - he was to call at Messrs. Tabor and Johnson's, in Savage-gardens, Crutched-friars, for the Hollands, I did not see him again till about half-past eleven o'clock the next day, when I met him at the docks - he said, "Master, this is a bad job - I suppose you have heard of it?" I said I had, and asked him how it happened - he said he had his tail rope cut on London-bridge, and somebody had taken the cask of Hollands out. I asked him to go with me to Mr. Johnson to explain it - he went. I went in while he waited, and told Mr. Johnson what I had heard. I afterwards asked the prisoner how it was to be paid for, and told him I should have to make it good. I have paid upwards of 30l. to Messrs. Tabor and Johnson for it. Cross-examined by MR. BRODRICK. Q. How long has this man been in your employ? A. He never was in my employ, except by my hiring him when I was busy - I do not know where he lived. Messrs. Tabor and Johnson's cellars are in Savage-gardens; I heard of the loss the next day, about half-past eight o'clock in the morning. I never saw the Hollands till I was at Lambeth-street; I do not know whether the prisoner keeps the cart - there are two names on it - it is one of the town carts that ply for hire. COURT. Q. Was it hired for you? A. Yes - I was employed to cart the wine, and not having a cart I employed him; I was to be paid for the cartage, and was to pay Laws. EDWARD STONES . I am the prosecutor's brother. I was present on the 3d of February when two pipes of wine were delivered to Laws at the London Docks - he took them into his cart, and I did not see him again till the next day, about twelve o'clock, at the London Docks. I got a warrant next day (Sunday morning), and searched the premises of Stevens, at the corner of Buckley-street, Whitechapel - Fortune, Foster, and Dalton were with me - we found the cask in the cellar - it was taken to Lambeth-street; I do not know that it contained Hollands. Cross-examined. Q. Were you in the docks on Friday? A. Yes. Laws' cart left the docks about half-past three o'clock, and was to call at Messrs. Tabor and Johnson's afterwards. The wine was permitted there, and should, in the regular course of things, have been delivered there. WILLIAM TURNER . I am servant to Messrs. Johnson and Tabor, of Savage-gardens. On Friday, the 3d of February, the prisoner Laws came to their warehouse about half-past three o'clock, with two pipes of wine - he left one there, and was to take the other to Symond's wharf, in the Borough; he took with him a cask containing twenty-seven gallons and three pints of spirits; there was a permit nailed under a small tin on the head of the cask, so that it could not rub off. He went from our warehouse about half-past four or twenty minutes before five o'clock, and if he had gone at a fair pace he might have got to the Borough at half-past five o'clock. I saw the same cask afterwards at Lambeth-street office, on the 6th - the permit was not on it - it had Hollands in it, but I cannot say that it was the same. Cross-examined. Q. Was it dusk? A. No - I do not think it would be dusk before he got over the water; he might have got to Symond's wharf in about an hour, but there are stoppages sometimes; he might have gone down Thames-street, but I should not have gone that way, because there are frequent stoppages there, and so there are in Tooley-street, and on London-bridge. MOSES FORTUNE . I am a Police officer of Lambeth-street. I received a warrant to search Stevens' house - I went there about twelve o'clock in the morning of Sunday, the 5th of February, with two officers - I knocked at the door, and as we are frequently in the habit of going to see that they are shut up, the door was opened; I walked in, and looked into the tap-room, where I saw three persons; I asked what they did there, and they said they were lodgers. I called Stevens aside, and asked if he had not a cask of Hollands, of such a size as I described, in his house; he said he had one brought there the night before that, but it turned out to be Friday night, and the person had asked his leave to deposit it there till Monday morning, as it was too late to take it to the in it was to go to - he said he knew the two men who had brought it, and he gave their names to my brother officers. I told him I must see it, as I understood it had been stolen - he said,"I will show it to you immediately;" he then got some keys from the bar, took a candle, and went into the cellar, and shewed it to me and Mr. Stones, one of the proprietors, who identified the cask, which I took into my custody. Mr. Stevens was very desirous of seeing the Magistrate that morning; he let him go, as some gentleman passed his word for his appearance the next day. His house is directly in a contray way to the Borough. Cross-examined by Mr. ANDREWS. Q. Who granted the warrant? A. Mr. Wyat. He came next day according to his promise. I believe he has kept that house for two years or more. I do not think I asked him the men's names; I examined the cask - there was no tin or permit on it; there was a chalk mark on one of the beads - I do not know whether it was a letter or a figure; Foster went into the cellar with me, but I do not think either or them heard the account which Stevens gave me, because I called him aside. Mr. ALLEY. Q. As there were customers in the house you did not, out of delicacy, ask him before them? A. No. I do not know what conversation passed between him and Foster; it was a person named Plant who passed his word for his appearance. I told him I had a search-warrant before I saw the cask. COURT. Q. The permit, you say, was gone, and the tin also, if ever there was one? A. Yes - I saw on the head of the cask marks of nails, and there is the corner of a piece of paper under one of the nails; there are marks of nails that would have suited the permit, and the direction; Laws and another man (who was discharged) came to the house while I was in the cellar, and were secured by my brother officers - they were locked up, and examined on the Monday; there were three or four persons in the house. I do not know whether a publican takes off the permit from a cask, and puts it on his file. WILLIAM FOSTER . I am an officer. I went to the house on the Sunday, and went into the cellar with Stevens; I asked how he came by that cask - he said it was brought by two men who lived in the neighbourhood; I asked him their names, and he said Dalton and Laws; I told him I knew the two men perfectly well; Dalton, I believe, is a carman, and has got a cart of his own. I know his brother, but I do not know whose service he is in. COURT. Q. Did he mention what Laws it was? A. When I came out of the cellar Laws and Dalton were standing together - I took the handcuffs out of my pocket, and put them on them; they asked what it was for - I told them I would tell them at the office. I then looked round, and said, "These are the two men you mean," and he said Yes. I took them to the office - they asked what they were brought there for; I told them about some Hollands, and Laws said his tail rope had been cut on London-bridge, and he had lost it; Dalton said, "I know nothing about it" - to which Laws made no answer; Stevens was not there then - he was admitted to bail. Cross-examined. Q. Who spoke first to Stevens? A. Fortune did - I did not hear what he said. I followed them down to the cellar. There were four or five persons in the tap-room. I suppose Laws came in while we were in the cellar - he was not there when we went down. - Stevens told us in the cellar that Laws and Dalton brought it - he did not refer to a man up stairs, and say he brought it. The Magistrate allowed him to go, and appear on the Monday. Stevens charged Dalton as one of the men, but he was discharged on the Thursday. EBENEZA DALTON . I am an officer of Lambeth-street. I accompained my brother officers to search Stevens' house on the 5th of February. COURT. Q. How much out of the way would it be to go to his house, when the party was to go over London-bridge, to Symonds' wharf? A. Quite a contrary way. - Fortune and Foster were in the cellar, and I stopped up stairs in the parlour. The prisoner Laws and three more knocked at the door, and I unbolted it; they asked if they could have a pot of beer; I told them Yes, and desired them to go into the tap-room, which they did - I had every reason to believe that two of the men were persons suspected of stealing the spirits. Foster came up in a few minutes, and took Dalton and Laws into custody. JOHN PRIESTLY . I am a carman out of work. I was in Whitechapel with James Stains on the 3d of February; I did not see Laws there - I did not come up Red Lion-street, nor did I see any horse and cart there. I have been examined by a gentleman who is here as to what happened. I was going along, but I did not see the prisoner. I saw carts and horses passing by, but I took no notice of any of them. JAMES STAINS . I am a carman. I was in Whitechapel on Friday afternoon, the 3d of February - Priestly was walking a little way before me - I did not observe any thing particular; I did not see any cart carrying any cask, nor notice any cart going into Red Lion-street - it was dark, and I could not see. I told a gentleman who is here that I thought I saw a cart go down there, but I could not swear to it. I gave him a true account of what I saw. JOSEPH BROWN . I am a carman, and have known Laws some time - I saw him between five and six o'clock on Friday afternoon, the 3d of February, driving a cart in Red Lion-street, Whitechapel; it had in it three casks, and one case, which appeared to be a case of wine. If I were going from Savage-gardens to London-bridge I should not go through Red Lion-street. WILLIAM TURNER re-examined. Q. What was in the cart? A. A pipe of wine and three casks of spirits. HENRY JOHNSON . I am clerk to Messrs. John Tabor and William Johnson - they have no other partners; they have cellars in Savage-gardens and Crutched-friars. LAWS's Defence (written). I had the misfortune to lose the cask on London-bridge - I did not miss it till I got to Tooley-street, when I found the tail rope had been cut; I could learn nothing about it, and when I got to Symonds' wharf I told them of my loss; I went to Mr. Stone early in the morning, but he was out - I met him on the docks at ten o'clock, and told him. I ascertained upon inquiry that a cask had been left at Mr. Stevens', and went there immediately, when Mr. Dalton opened the door. STEVENS' Defence. When the officers came I gave them every information in my power; I told them two men certainly had left it there on the Friday afternoon; if I had had any idea it was stolen, I had time to have made away with it; I took it as smuggled goods, not having any permit. I have kept the house ten months. Seventeen witnesses gave Stevens and excellent character. LAWS - GUILTY . Aged 26. Transported for Seven Years . STEVENS - GUILTY . Aged 34. Transported for Fourteen Years .