Robert Wheeler

135

C H on 14th February 2024

ROBERT WHEELER. GEORGE WILSON. Theft; theft from a specified place. 12th December 1836 Text type Trial account Defendants ROBERT WHEELER, GEORGE WILSON Offences Theft > Theft from place Session Date 12th December 1836 Reference Number t18361212-232 Verdicts Guilty, Not guilty Punishments Transportation 232. ROBERT WHEELER and GEORGE WILSON were indicted for stealing, on the 24th of November, 1 sink, value 2l.; 33 feet of leaden pipe, value 5l.; 1 pump, value 4l. 4s.; and 560lbs. weight of lead, value 7l.; the goods of Edward Colebatch, and others; and fixed to a certain building; against the Statute, &c.—2nd COUNT, not stating them to be fixtures. MESSRS. BODKIN and CHAMBERS conducted the Prosecution. THOMAS FRY ( police-constable N 173.) I was on duty on the morning of the 24th of November, near Grove-street Fields, Hackney, near the house which has been occupied by Mr. Creswell—about half-past eight o'clock I saw a cart come from the house with the carman and the two prisoners—the two prisoners were pushing it behind, till it came out of the premises—I inquired if them what it was—Wheeler said, "It is all right"—I was to let nothing pass without I saw him—the prisoners them went back into the premises, while I was looking at the name on the cart—I followed, and took the carman into custody—there was a quantity of sheet lead in the cart, a pump, a leaden sink, and some pipe cut up; and afterwards I found a screw-driver, a hammer, a chopper, and a crow-bar in the cart—about two o'clock that day I saw the prisoners again at the top of Old-street-road, just by Shoreditch Church—I was then with the cart, which had the things in it—Wheeler came up to the cart and asked what we were going to do with the property—I told him I was going to bring it down to the office, and he directly made answer that he had a paper to show that the property was his—I told them they must come along with me, and they came. Cross-examined by MR. PAYNE. Q. I think when you first saw the cart it was in the morning? A. Yes, about half-past eight o'clock—I took the carman into custody then—that was about three miles and three-quarters from the office—I was not till two o'clock driving it to the office—we had left it in the care of a person, and gave the horse something to eat—we locked the carman up—one of my brother officers was driving—we both had our police-dresses on when the prisoners came up to us. CHARLES CAPON . I am a carman in the employ of Mr. Pope, and live in Great Sutton-street, Clerkenwell. On the morning of the 24th of November the two prisoners came to me, about a quarter past seven o'clock, and asked if they could have a light cart—I told them they could, and asked where it was going—they said, "To Hackney-road"—I harnessed the home and put it in was going—they said, "Are you going with me?"—they said, "Yes"—they got into the cart, and took me to the house in Grove-street—Wheeler said he was going for a load of ten or twelve hundred weight; they assisted in loading as well as me—they put the things in which were afterwards found in it—what I put in was by their order—I did not help take up the lead on the roof, or the sink, or pump—I only helped to put the things in as they brought them out—I took the cart inside the gates—the gates were open when I went in, and I believe they were then shut—they opened them to let me out—the policeman stopped me, and took charge of the cart and its contents. DENNIS CAIN . I am a labourer. I was standing by Shoreditch Church, looking for a job—and the prisoner Wilson came up to me and asked whether I wanted a job—I said "Yes"—he took me to a house in Hackney-road, and told me to take the pump up, and I took the pipe of it up, and he and I broke it in pieces—I worked there several hours that day—I did not see Wheeler there that day—Wilson told me to come next morning, and I went at seven o'clock—Wheeler came there afterwards, and Capon and Wilson—I saw them loading the cart—they put the pump and the lead in, which I had taken up the day before—while the cart was waiting Wilson and I went on the top of the house, and I pulled a piece of lead from the roof by his directions—I rolled it up, it was taken down, and put into the cart—the carman came to help us down with it—all four of us were employed—I and the carman put it into the cart—Wheeler told me to help with the cart, and I helped to push it out—they gave me the key of the gate, and told me they were going to build two or three houses—they told me not to open the gate at all, but to keep the key—I was afterwards directed to go and pull down a fencewall with a crow-bar, and was taken into custody while I was about it. COURT. Q. Did you ask Wilson who Wheeler was? A. Yes, and he said he was his master—Wheeler was there. Cross-examined by MR. PAYNE. Q. Where do you live? A. Up in Shoreditch—I cannot tell you where I live—I am a stranger, and do not know the place at all—I was not working at this house five days—only one day and part of another—I was there from ten o'clock until night, working at these things all the time—Wheeler told me he was going to build two or three houses up—I do not know what the wall was made of that I pulled down—it was a small brick one, with wood at the top—he told me to knock that down—the crow-bar was used to throw down the bricks with—I did not see any other house there, only this big one and a small one—I had never seen Wilson before. GEORGE RICKMAN . I am servant to Mr. Tyars, who lives at Homerton. I occupy a house of his, adjoining the house in question, which is rather a private situation—it is a large house, and was formerly Mr. Barnes's school—when persons are inside the gate nobody passing can see what they are doing—my cottage commands a view of the ground—on the 24th of November, about a quarter after eight o'clock in the morning, I saw both the prisoner at the house, assisting in loading a cart—there was a range and some lead in it when I first saw it—I saw lead, part of a pump, and some copper, and the lead which came off the top of the house, put into it—the labourers and the two prisoners assisted in putting it in—the cart was standing inside, and the gates were shut—I continued to watch, and saw Wilson on the top of the house with a crow-bar—Cain had it first, and Wilson took it out of his hand, and wrenched the lead from the side of the chimney—it was folded up and let down through the trap-door—I afterwards saw lead put into the cart—it appeared done in a workmanlike way—they were very little time about it—I told a policeman what I had seen—the house is near the Three Colts, in Grove-street. Cross-examined by MR. PAYNE. Q. Did you know Mr. Creswell lived here? A. Yes, I do—I cannot tell exactly how long it is since he left—I have been living at my house about two months—Mr. Creswell went away before I came—I lived in the neighbourhood before, about a mile from the cottage, but I was always up there two or three times a day—I cannot tell how long it is since Creswell left. GEORGE FREDERICK TAYLOR . I am a plumber, and live at Hackney. I recollect helping to repair the pump at Mr. Barnes's school in April last—I believe the pipe was in good condition then—my father repaired it—I have seen in here to-day—it is not in a sound state now, as it is cut all to pieces think there could be no necessity for removing it from the house. COURT. Q. Was there any possible assignable reason for taking it down; did it want taking down? A. No. Cross-examined by MR. PAYNE. Q. Was there any thing to prevent a person, who chose to have a new one, sending that away? A. No. Mr. GEORGE COLEBATCH. I am surveyor to the trustees of Sir John Cass's Charity. Mr. Edward Colebatch is one of the trustees—the charity is a school in Portsoken ward—I know the house formerly occupied by Mr. Creswell—it belongs to that estate—I have been serveral times before the trustees—my attention was called to this house on the 25th of November—I examined the house on the 25th of November last, and saw the centre part of the roof stripped—it was rainy weather, and it would let the water into the house—I examined the lead in the cart, at the police-office, and to the best of my judgment it corresponded with the quantity taken from the roof—there was no occasion to take it off—it was in good condition—there was a piece of one of the hips at the back of the house, and there was a small piece of it in the cart—the pipe of the pump was cut through—it was a good substantial pump, and the pipe was quite sound—I was at the house on the 15th of October last—the pipe was then under ground, fixed to the pump—there was twenty-six feet of it—there was a portion out of the ground, perhaps three feet—it has been since cut into pieces—it will take 20l. or 30l. to repair the mischief that has been done—the wood-work of the sink in the kitchen had been pulled down, and moved into the middle of the kitchen, and the pump torn away—it had been taken to pieces to remove the pump I imagine—I think this is the same sort of lead as was on the flat—it was laid down at the same time—I should think there was no pretence for removing this lead to reinstate it—the weight of the lead is seven pounds to a foot—I consider that heavy. Cross-examined by MR. PAYNE. Q. Is it not lead which ought to be replaced by better? A. It might in the course of time—I do not know how long the lead had been on—I do not know how long the house has been built—I was on the roof in February—I have not been on it since—it was in very good condition then—there are holes in it now—I cannot tell whether they might be nail holes or whether it was done by violence, as wear and tear—I should say it did not require replacing by better on the 24th of November—I should think that time would not have that effect—it would not require it to be changed in that time—I cannot tell whether the holes came by worms or not—I saw Mr. Creswell there last on the 7th of September—I met him at the house to look over it—I believe he was the tenant of the trustees—I have not seen a lease. MR. BODKIN. Q. Are the holes small? A. Yes—I noticed them at the police-office—supposing them to have been there on the 24th of November, they might have been soldered over—there was no occasion to take it up. MR. EDWARD COLEBATCH . I am one of the trustees of Sir John Cass's charity. There are other trustees—the house in question belongs to that estate. Cross-examined. Q. How are you appointed? A. I was nominated by the former trustees—my name is in the deed—the trustees have received rent for the premises—I have not received it, but the receivers have. HENRY JOHN WHITE . I am receiver to Sir John Cass's trustees. I have received rent on their account for the house formerly occupied by Mr. Creswell, up to Michaelmas last—the last tenant, Mr. Creswell, is in the Fleet prison. Cross-examined by MR. PAYNE. Q. On what did you receive the rent? A. It was distrained for—I received it as receiver to the trustees—I was not present when it was distrained for—I have been present at all the meetings of the trustees—I have seen Mr. Colebatch act as trustee scores of times—he is one of the persons from whom I received my appointment—my appointment is minute of the board—I have no official document——the trustees give me my instructions—those who are at the board at the time—I have frequently received instructions from Mr. Colebatch, and on those instructions have frequently received rent for this house—Creswell paid 40l. a year—I know nothing of an under-letting to Wheeler. MR. EDWARD COLEBATCH re-examined. Q. Had Mr. Creswell lease of the house? A. An agreement. (MR. PAYNE, on behalf of the prisoner Wheeler, stated, that he had not done more than he supposed he had a right to do, in the exercise of his discretion for the purpose of improving the premises, he having taken the premises of Creswell by an agreement, and therefore he could not be guilty of felony.) (MR. ESPINASS, on behalf of Wilson, stated, that he had been employed by Wheeler as a workman, and was not aware he was doing any thing improper.) HENRY MASSEY . This agreement is my writing (looking at it)—it is between Mr. Creswell and Mr. Wheeler—it was executed at the Fleet—I have been a clerk to a notary at Charing-cross—I am not any thing at present—I believe Wilson is a carpenter—I heard so through Wheeler—Wilson was present when the agreement was signed. MR. BODKIN. Q. Where do you live? A. No. 16, North-street, Westminster. I was clerk to John Wyndham in March last—I have been writing for the houses of Lords and Commons since, till the Session closed—I did not go with the prisoners to see the agreement signed—I used to go to the Fleet to see a friend, and was recommended to Mr. Creswell by my friend to draw up the agreement—this is my hand-writing—it is a negotiation between Creswell and signed—I did not know Wheeler before—I do not know for what term they took the premises—I drew up the agreement from a rough statement given me by Mr. Creswell—there was no term mentioned in it. (The agreement being read, was dated November 26, 1836, by which Wheeler agreed to take the premises of Mr. Creswell, at the rent of £60. per annum; it described Wheeler as living at Shepherd's bush.) JOSEPH BALE . I am a bricklayer, and live in Pilgrim-street, Walworth, near Camberwell turnpike, I have known Wheeler four or five years—he a carpenter and builder—I know of his doing work as a builder in the meadow-ground, Peckham, and also in Newport-market, under the Marquis of Salisbury—I worked for him there—I always found him an honest, up-right gentleman—I never heard any complaint against him. MR. BODKIN. Q. Tell me where Wheeler lives? A. He did live at No. 30, Queen's-row Walworth, in November, and for two or three months—I have been there and seen him—he sometimes employs a good many men, according as his business is—not on those premises—there was no workshop there, but there is one being erected—he has been pretty well to do—better at one time than he is now—I knew him in July last—I believe be came out of Whitecross-street prison under the Insolvent Act—I never heard of his pulling down any houses in Bluegate-fields belonging to a Mr. Webster—I did not know him in 1834; oh yes, I did—I never heard of his pulling down any houses in Bluegate-fields—I never heard that he had six, and pulled them down—I do not know of his taking premises in Golden-lane of a Mr. Finch—I was not present at the sale of the materials of those houses—all this is new to me—I do not know of his taking a house in Camden-row, Islington, and stripping it—I was not very intimate with him—if he has any thing to do he employs me—he never employed me to strip the lead off houses—I do not know of his having a house of a Mr. Jacques, in Bethnal-green, and gutting it—I was in the habit of seeing him very often—I never heard of his having any thing to do with there places. MR. PAYNE. Q. Then you know nothing of these imaginations? A. No. JAMES BRYANT . I am a master builder, and live at Peckham. I have known Wheeler about three years and a half—he has been a very respectable man there—he has built houses on the premises, and sold them. MR. BODKIN. Q. Where is that? A. At Peckham—I heard he was in Whitecross-street prison—I cannot tell how long he was there—I had the last witness examined, but did not pay much attention to it—I know nothing of Wheeler's building line at all. JURY. Q. In what part of Peckham do you live? A. Peckham-fields—he rented premises there for three years, near the Infant School—he built one house there, and sold it. MR. BODKIN. Q. Did he build it of old materials? A. I cannot tell—I did not take much notice, but some old materials came there—it was built and sold, and he went away respected. JOHN CORNELIUS PARK . I am a builder, and dealer in building materials of every description, and reside at Walworth. I have known Wheeler for the last eight years—I never heard any thing against him—he bore the character of an honourable man—I think if he had borne a bad character should have heard it. MR. BODKIN. Q. You have been connected with him in business, perhaps. A. I have so—not in taking houses—I deal in building materials—I have not dealt with him in that way; oh yes, I have, true, I did—I bought a house at the top of St. Martin's-lane, the materials at least—I pulled that down, and I bought another of him—he has been in prison since July—I cannot tell how long he was in prison—I should say about three months—he came out under the Act. A JUROR. Q. Do you know Scales, a builder? A. Yes—I have had one transaction with him, and only one—I bought a house of him—I pulled it down, and took the materials away—there was only a part left when I purchased it—I pulled down all there was, and with the sanction of the freecholders—they were residing some distance from London—Messrs. Pugh in the Borough, were the agents. WILLIAM DUNTON . I am a carpenter and builder, in Golden-lane. I have known Wheeler above three years—he is as honest a man as ever I dealt with. MR. BODKIN. Q. Perhaps you recollect the houses being pulled down? A. Yes, by Wheeler's men—I did not help—it is better than two years ago—he did not rebuild any there to my knowledge—I made sashes, frames, and doors for him, and he always paid me—the ground is vacant now. CHARLES CAPER re-examined. I was ordered to go to Cambridge-heath-gate, where they were to meet me, and tell me where to go. WHEELER— GUILTY . Aged 41.— Transported for Seven Years. WILSON— NOT GUILTY . (There witnesses deposed to Wheeler having taken premises of them, and pulled them down; the damage, in one instance, amounted to 500l.) Old Bailey Proceedings Online (www.oldbaileyonline.org, version 9.0) December 1836. Trial of ROBERT WHEELER , GEORGE WILSON (t18361212-232). Available at: https://www.oldbaileyonline.org/record/t18361212-232?text=Cain