William Eldred 19, George White 21 and James Thurley, 18, Labourers, were indicted for burglariously entering the dwelling-house of John Harris, at Hatfield Broad Oak, and stealing therefrom a coat belonging to John Simpson, and two knives, the property of John Harris. Mr Knox conducted the prosecution, and called Sarah Harris, who stated she was the. Daughter of the prosecutor, who lived at Hatfield Broad Oak. She was sitting up at two o'clock in the morning of the '? th March; her father was in bed; there was no candle burning. The house was fastened at eight o'clock in the evening, there was a half glass door in the room in which the witness and the servant were sitting; saw through the door the three prisoners, knew White very well, he had a candle; he shoved the door partly open and witness banged it in his face; they then went away towards the cellar; where they had got in at a hole made in the wall, which was not there the previous night. Witness awoke John Simpson and her father, a new coat and two knives were taken away, witness was positive she knew all the prisoners at the time. John,Harris the prosecutor, stated he went to bed about eight o'clock on the night of the ?th March; his daughter was not well and sat up. She called him up about two o'clock in the morning, found a large hole in the wall of the cellar, could not say what property was stolen. Mary Lannam, the servant, deposed that she sat up with prosecutors daughter on the morning of '? th March. George White came to the parlour door with a candle in his hand about two o'clock, had known White five or six years, heard footsteps of the other prisoners in the keeping ????????? but did not see them. Superintendent Redin was at examination of prisoners apprehended. While on this charge at Dunmow ???????? house, but found nothing on him. Thurley, in his defense, said he was in bed at the time. Eldred denied any knowledge of the robbery. White called the following witness to prove an alibi. Mark Gotts. said he lived at Bulphan Fen which he believes is 20 or 30 miles from Hatfield Broad Oak; remembered White's seeming to work for him in March. Settled with him on Saturday the ? th , he continued with witness till 31 st. It was past six o'clock in the evening when witness paid prisoner on the '?th. Martha Ansell of Bulphan, stated that her husband keeps a beer shop, had known White two years, saw him on 23rd, 25th, and ? th of March, he stayed at the house each night till it was time to ???????. Samuel Mann deposed that his father lived at Bulphan Hall, had known White two years; saw him on 25th March at Mr Gotts farm; about seven in the evening, called him up at five o'clock the next morning, he slept by permission in the cow-house. Mr Knox said he was bound to admit the defense set up; and as the witnesses appeared to be mistaken in their identity of White, he could not ask for a conviction of the other prisoners. The prisoners Eldred & Thurley were further indicted for burglariously entering the dwelling-house of Louise Palmer, at Great Hallingbury, and stealing thereout 3 and a half gallons of wine, 15 bottles, 6lbs of cheese, 3lbs of bread, and money in copper amounting to 10 sh. Mr Knox also in this case conducted the prosecution. Louise Palmer examined, I am a widow living at Great Hallingbury and keep the George Inn. I was at home on Friday 31st March. I secured the house before going to bed, about ten o'clock, and was last up, the other inmates consisted of my daughter, maid servant a visitor and his wife, and a lodger. I was awoke about one o'clock in the morning by a noise of persons in the house below me. I instantly gave an alarm and some time afterwards went into the cellar, where I saw the prisoner Eldred in the custody of William Clark and William Radley. Police constable Campbell the next day produced some bottles of wine, some bread, and cheese, and some half pence, the former articles I can identify. The bar was broken open and the till emptied of it's contents, the locks of the liquor cupboard and bureau had also been forced, and the things were lying about in a very disordered state, there were in all five locks broken. William Clark stated, I am an accountant living in London. On the 31 st March I and my wife were on a visit at Mrs Palmer's, we went to bed about ten o'clock. Prosectrix gave me an alarm that persons were in the house about one o'clock, having procured a light from her, I went down stairs, the door between the tap-room and the bar was broken open and the things lying in disorder at the bar. I went down the cellar, and saw a man in the act of getting through a hole, which had been made in the wall. I seized him by the legs, and detained him until assistance arrived, It was the prisoner Eldred. I afterwards went into the garden, and found some bread and cheese, and a few halfpence lying on the ground, there were also footmarks of two or three persons across the garden, towards a low hedge, where a person might easily get over. Three or four halfpence were picked up on the other side of the hedge. Inspector Wm. Campbell, deposed. I received a warrant for the apprehension of Thurley upon this charge, and was engaged a long time in searching for him. On my return to my lodgings on the 10th April, Thurley came to see me and said " I came to give myself up to you, for I was at Mrs Palmer's with Eldred ". The next morning he further communicated that he William Eldred, Benjamin Eldred and Julius and George White, went into the cellar, and remained there more than an hour, that they heard footsteps above them, and they then to use his own expression "bolted". Superintendent Redin proved that whilst the prisoner Thurley was in custody, he admitted that he was at Mrs Paimer's house, and stated that the waistcoat he then had on was purchased with a portion of the money. The prisoner, with the greatest of effrontery denied the truth of all the statements made by several witnesses and appeared greatly enraged at the evidence they gave. Benjamin Eldred, the father of the prisoner of that name stated, I have known Thurley since he was a child. About two o'clock in the morning of 1st April he came to my house and called me outside. After my daughter had been down stairs, I went and spoke to him, and asked him what he was doing at that time of night. He replied " We are done for they have Win ( meaning my son) I tried to pull him through the hole, but could not". I asked him where they had been, he said to Mrs Palmer's, at the George. He offered me money but I refused to take it. He said he had left his hat and things behind, which were sure to be known and they would be after him in less than two hours. Emma Eldred daughter of the last witness proved that she opened the window to speak to Thurley, and retrieved from him her brothers smock frock, she asked him where they had been he replied " We have broken into Mrs Palmer's at the George" Thurley in the most violent manner asserted that he was not the person who held the conversation above described. Emma Wilson a child whose parents live near the premisses of the prosecutor proved finding a hat by the George, on the morning of the 1st April, which was handed over to the police and was identified by Superintendent Redin(who previously had Thurley in his custody several day's ) as belonging to the prisoner. Mary Wilson at whose house Campbell lodged, corroborated his evidence, with respect to Thurley surrendering himself into custody. Thurley said in his defense, that he was innocent as a child. Eldred said nothing. The jury without hesitation pronounced both prisoners Guilty. His lordship in passing sentence, said they had been found guilty upon the clearest evidence of the offense of breaking and entering at the midnight hour the dwelling of the prosectrix and plundering it. It was a most serious offence, very much aggravated by the time the prisoners had maintained during there trial, for it showed that they were utterly lost of all feelings of penitence, but there determined to face out the clearest evidence that could be bought It was necessary for example and for the protection of the public, that they should be transported for 10 years.
[THURLEYONLINE]
Trial of James Thurley (#41)
William Eldred 19, George White 21 and James Thurley, 18, Labourers, were indicted for burglariously entering the dwelling-house of John Harris, at Hatfield Broad Oak, and stealing therefrom a coat belonging to John Simpson, and two knives, the property of John Harris. Mr Knox conducted the prosecution, and called Sarah Harris, who stated she was the. Daughter of the prosecutor, who lived at Hatfield Broad Oak. She was sitting up at two o'clock in the morning of the '? th March; her father was in bed; there was no candle burning. The house was fastened at eight o'clock in the evening, there was a half glass door in the room in which the witness and the servant were sitting; saw through the door the three prisoners, knew White very well, he had a candle; he shoved the door partly open and witness banged it in his face; they then went away towards the cellar; where they had got in at a hole made in the wall, which was not there the previous night. Witness awoke John Simpson and her father, a new coat and two knives were taken away, witness was positive she knew all the prisoners at the time. John,Harris the prosecutor, stated he went to bed about eight o'clock on the night of the ?th March; his daughter was not well and sat up. She called him up about two o'clock in the morning, found a large hole in the wall of the cellar, could not say what property was stolen. Mary Lannam, the servant, deposed that she sat up with prosecutors daughter on the morning of '? th March. George White came to the parlour door with a candle in his hand about two o'clock, had known White five or six years, heard footsteps of the other prisoners in the keeping ????????? but did not see them. Superintendent Redin was at examination of prisoners apprehended. While on this charge at Dunmow ???????? house, but found nothing on him. Thurley, in his defense, said he was in bed at the time. Eldred denied any knowledge of the robbery. White called the following witness to prove an alibi. Mark Gotts. said he lived at Bulphan Fen which he believes is 20 or 30 miles from Hatfield Broad Oak; remembered White's seeming to work for him in March. Settled with him on Saturday the ? th , he continued with witness till 31 st. It was past six o'clock in the evening when witness paid prisoner on the '?th. Martha Ansell of Bulphan, stated that her husband keeps a beer shop, had known White two years, saw him on 23rd, 25th, and ? th of March, he stayed at the house each night till it was time to ???????. Samuel Mann deposed that his father lived at Bulphan Hall, had known White two years; saw him on 25th March at Mr Gotts farm; about seven in the evening, called him up at five o'clock the next morning, he slept by permission in the cow-house. Mr Knox said he was bound to admit the defense set up; and as the witnesses appeared to be mistaken in their identity of White, he could not ask for a conviction of the other prisoners. The prisoners Eldred & Thurley were further indicted for burglariously entering the dwelling-house of Louise Palmer, at Great Hallingbury, and stealing thereout 3 and a half gallons of wine, 15 bottles, 6lbs of cheese, 3lbs of bread, and money in copper amounting to 10 sh. Mr Knox also in this case conducted the prosecution. Louise Palmer examined, I am a widow living at Great Hallingbury and keep the George Inn. I was at home on Friday 31st March. I secured the house before going to bed, about ten o'clock, and was last up, the other inmates consisted of my daughter, maid servant a visitor and his wife, and a lodger. I was awoke about one o'clock in the morning by a noise of persons in the house below me. I instantly gave an alarm and some time afterwards went into the cellar, where I saw the prisoner Eldred in the custody of William Clark and William Radley. Police constable Campbell the next day produced some bottles of wine, some bread, and cheese, and some half pence, the former articles I can identify. The bar was broken open and the till emptied of it's contents, the locks of the liquor cupboard and bureau had also been forced, and the things were lying about in a very disordered state, there were in all five locks broken. William Clark stated, I am an accountant living in London. On the 31 st March I and my wife were on a visit at Mrs Palmer's, we went to bed about ten o'clock. Prosectrix gave me an alarm that persons were in the house about one o'clock, having procured a light from her, I went down stairs, the door between the tap-room and the bar was broken open and the things lying in disorder at the bar. I went down the cellar, and saw a man in the act of getting through a hole, which had been made in the wall. I seized him by the legs, and detained him until assistance arrived, It was the prisoner Eldred. I afterwards went into the garden, and found some bread and cheese, and a few halfpence lying on the ground, there were also footmarks of two or three persons across the garden, towards a low hedge, where a person might easily get over. Three or four halfpence were picked up on the other side of the hedge. Inspector Wm. Campbell, deposed. I received a warrant for the apprehension of Thurley upon this charge, and was engaged a long time in searching for him. On my return to my lodgings on the 10th April, Thurley came to see me and said " I came to give myself up to you, for I was at Mrs Palmer's with Eldred ". The next morning he further communicated that he William Eldred, Benjamin Eldred and Julius and George White, went into the cellar, and remained there more than an hour, that they heard footsteps above them, and they then to use his own expression "bolted". Superintendent Redin proved that whilst the prisoner Thurley was in custody, he admitted that he was at Mrs Paimer's house, and stated that the waistcoat he then had on was purchased with a portion of the money. The prisoner, with the greatest of effrontery denied the truth of all the statements made by several witnesses and appeared greatly enraged at the evidence they gave. Benjamin Eldred, the father of the prisoner of that name stated, I have known Thurley since he was a child. About two o'clock in the morning of 1st April he came to my house and called me outside. After my daughter had been down stairs, I went and spoke to him, and asked him what he was doing at that time of night. He replied " We are done for they have Win ( meaning my son) I tried to pull him through the hole, but could not". I asked him where they had been, he said to Mrs Palmer's, at the George. He offered me money but I refused to take it. He said he had left his hat and things behind, which were sure to be known and they would be after him in less than two hours. Emma Eldred daughter of the last witness proved that she opened the window to speak to Thurley, and retrieved from him her brothers smock frock, she asked him where they had been he replied " We have broken into Mrs Palmer's at the George" Thurley in the most violent manner asserted that he was not the person who held the conversation above described. Emma Wilson a child whose parents live near the premisses of the prosecutor proved finding a hat by the George, on the morning of the 1st April, which was handed over to the police and was identified by Superintendent Redin(who previously had Thurley in his custody several day's ) as belonging to the prisoner. Mary Wilson at whose house Campbell lodged, corroborated his evidence, with respect to Thurley surrendering himself into custody. Thurley said in his defense, that he was innocent as a child. Eldred said nothing. The jury without hesitation pronounced both prisoners Guilty. His lordship in passing sentence, said they had been found guilty upon the clearest evidence of the offense of breaking and entering at the midnight hour the dwelling of the prosectrix and plundering it. It was a most serious offence, very much aggravated by the time the prisoners had maintained during there trial, for it showed that they were utterly lost of all feelings of penitence, but there determined to face out the clearest evidence that could be bought It was necessary for example and for the protection of the public, that they should be transported for 10 years.