The Sun.
London, England, 1845-11-04 00:00:00

AEW COURT.
(Before Commissioner BULLOCK.)
Henry Lee was indicted for stealing 10s. in money, and
Tlwßrown fo mat r receiving part of it, the property of Mr.
_ __

Gray, St. ➢lary's, Stoke Nevi%higton.
Geo. Baxter, a bey, was in Church-street, Stoke Newington,
on the 15th Oct., and about two o'clock in the afternoon
saw Lee come out of Mr. Gray's shop, run up to two boys
standing about seven doors off, when all of them ran together.
Brown is one of the two boys, Inglis, the other, was discharged
by the magistrate. I went in and called Mr. Gray and asked
whether he had lost anything. Gray immediately went

after the boys.
NV. Gray, keeps a shop in Stoke Newington. Brown came
into his shop and asked if Simmons, a shoemaker, lived
there ; a little girl was in the shop at the same time, and both
went out together. The money was then quite safe in the
till. I had been in an adjoining parlour about five minutes
only when the witness Baxter came in and asked whether
I had lost anything. I saw the till was half drawn out and
empty, in consequence of which I ran out and saw Lee going
up to two boys, then about seven doors off, and all when
they saw me ran away together. I pursued them, and on
the way got up into a phaeton running in the same direc-
tion ; but soon after Brown threw away some money and I
leaped off the phaeton and pursued him on foot A police-
man caught Brown about a quarter of a mile from my shop.
.John Barnett, constable, apprehended Brown. NV hen
caught, the prisoner said " I'm done."
Mr. Glass was in his garden, where he heard cries of
" Stop him !" and came out to the pavement. Saw no one,
but picked up money, one half-crown and some shillings, to
the amount of about. 9s. Is not sure whether there was more

than one half-crown.
The prisoners, throughout the trial, manifested the utmost
unconcern. Their respective ages are 16 and 17. .

Being convicted, they were ientenced,,to ;,six months' im
prisonment and hard labour.
John Creswell was indicted for feloniously taking and sell
ing tools, benches, lathes, &c., the property of Charles Rice.
C. Face had been a pewterer for 45 years, at 43, Roebuck
terrace, Dover-road, but having retired from business, had
let the house at Roebuck-terrace to the prisoner in March
last at a rent of 45/. There is a detached building at the
back of the yard, not let to the prisoner, in which the pro-
secutor had left a great deal of property. This property was,
the most of it, atited to the business of a,pewterer, Which he
Wished to sell or to let out with the back premises to one en-
gaged in the business. Said nothing of the articles- at all
to the prisoner. Gave him no control over them, no autho-
rity to show them, to any one whatever, but should any per-
son meaning to purchase them call, the prisoner was to send
him to me. Made some remarks about the articles in the Out-
house some two or three months after. No rent was
paid up to Michaelmas', the time at which the prisoner
secretly left the house.
Cross-examined —I believe there was no written agree-
ment between us. The premises in question are across the
the yard, detached. I had the key first; prisoner had it
after. I did not allow him to use these goods. He was to
keep them for my use, and take care that no one took them
away.
Here the prisoner's counsel, Mr. HIIDDLESTON, entered a
legal objection, to the effect that Mr. Rice had said enough
to prove delivery of the goods, and, if so, that unless felo-
nious intention could be proved at the time of the getting of
the key, it did not amount to a felony.
Mr. BAJO:AVM for the prosecution, replied, and
The Learned COMMISSIONER overruled that the question
should go to the jury. Meantime the evidence was pro-
ceeded with.
Mr. Rice cross-examined—Prisoner asked the key about a
fortnight after, that he might put some crates in, and I gave
him it. I got the key afterwards. Nothing was said about
the articles, except about some articles in a box, which I said
were not to be disturbed.
Was the property put under his protection ?—Yes.
For your use?—Never to sell them.
For your use ?—I never said so. I asked for
the key a few days after, but then I saw it was
in the door of the back premises; all the things were
there. I am not sure if I took the key out or left it in
the door. The key passed backwards and forwards two or
three times between me and the prisoner. Prisoner got
the key to meve what he had got in out. I did not ask him
for the key after that. I considered the things safe. The
articles were suited to a pewterer. Cresswell is a beer-shop-
keeper. Prisoner had put several fittings in the shop at his
own expense, and several squares of glass under the agree-
ment that he should receive Is. per square forthe new squares,
and 6d. to take the old. I know Mr. Barnett, but not before
this affair, nor Mr. Church or Basely. I have seen both two
or three days before this. I have not told Barnett that I had
authorised the prisoner to sell the things. I had not called
on prisoner about the 2d of May.
Did prisoner not say he could get 121. 12s. for the
goods?—No.
Did not the prisoner grain some doors and shutters at hi
own expense ?—No ; I painted all before he came in.
Did prisoner not say he might sell the goods for 121. 125.,
get half in money and half in coppers?—No.
Did he say anything of coppers ?—Heat one time said he had
coppers to sell, and asked whether I could get them sold for
him; and he sent me one of the coppers, to show to a gen-
tleman known to me. Some things which had been brought
back to the house, by Mr. Hutson, I allowed the prisoner to
use, but these are not in the indictment. 1 did not tell Mr.
Barnett that I allowed him to sell these things, and I would
allow him two or three pounds for selling them. I knewthat
Barnett had bought the things, and traced them there; said
sornethieg of them, but not what has now been asked.
By prosecutor's CoenesEL—l did not say to Barnett that I
had given prisoner any control whatever over the things.
Mr. Barnett was put into the witness-box=-I am a copper-
smith. I purchased the goods mentioned in the indictment
in the month of May last. I went to the premises in Dover-
road to see them. Prisoner said he had purchased them for
601., and asked me 211 for them. I refused this sum, but ulti-
mately gaVe him 12/. 12s. I purchased them all at one time.
Mr. Rice called on me about the goods. At that time Mr.
Rice said the prisoner might sell the goods, and get 2/. or 3/.
for doing so. I mentioned this to Mr. Rice about a week
ago when before thegrand jury. Mr. Rice replied it is false.
To a Juryman—l do not recollect the former part of the
conversation. Mr. Rice after this sent a policeman to say he
would take it as a favour if I would not mention this, as he
wished to prosecute the prisoner. Church and Basely are in
my employ.
Did they heir this?—Yee.
From Rice hiinselii—No ; 1 said it publicly in my own shop.
Cross-examined by Mr. BALLANTINE—The prisoner never
said he had been authyrieed tv rall the thiuge. The winds 0