Andrew Lust

Old Bailey Online ANDREW LUST. Theft; theft from a specified place. 26th October 1796 Text type Trial account Defendants ANDREW LUST Offences Theft > Theft from place Session Date 26th October 1796 Reference Number t17961026-15 Verdicts Guilty Punishments Transportation 585. ANDREW LUST . otherwise WILSON , was indicted for feloniously stealing, on the 13th of September , fifty yards of cotton quilting, value 15l. and twenty-five yards of cotton dimity, value 4l. the property of George Gould , James Stubbington Penny , William West and James Gould , the same being exposed to be bleached in a calico ground, called a bleaching croft .(The indictment was opened by Mr. Raine, and the case by Mr. Knowlys.)(The witnesses were examined apart of the request of the prisoner.) JAMES FALKNER sworn. Examined by Mr. Raine. Q. Are you foreman to Messrs. Gould and company? - A. Yes; they are calico-printers at Isleworth ; I laid these goods down on Friday the 10th of September, in a field belonging to Mr. Gould, quiltings and dimities, they were cotton, I laid them near the bottom of the bleaching-field, belonging to Messrs. Gould, Penny, West, and Gould; I laid several lengths of goods down on the Friday, between five and six in the evening; on the Monday following, about seven o'clock in the morning, I missed two pieces of quiltings, and half a piece of dimity, they ran nearly twenty-five yards a-piece, and the half piece of dimity about twenty-five yards; the whole piece of dimity was about fifty-two yards; in consequence of missing them, I acquainted my master the ground had been robbed, and we went to search if we could find the goods hid any where near the place; upon searching before breakfast, we could find nothing; after breakfast, we went to search again, and going up a blind lane, we found them in a ditch covered with brambles, which grew up on one side and the other, so that they met from one hedge to the other; in that ditch, I found a bag, containing two pieces of quilting, and half a piece of dimity. Q. Did the two pieces make fifty yards? - A. Yes, and the half piece-about twenty-five; I sent a man to acquaint my master, and Mr. Penny and another man came, there was a man set to watch, and I left it. Q.What is his name? - A. I believe the first watch was Allen; the man that was there at the time the bag was found was Hollis; I took the goods out of the bag on the Tuesday. Q. Where did you find the goods you took from the bag? - A. In the ditch; they lay there all Monday night; I took them out between ten and eleven o'clock, and went and fetched blankets and wrappers nearly of the same size, and the same weight, and put in the bag, and put it in the same place, as near as I could guess; I took the others out, because they were in a state of spoiling, they smelt very strong; I left it in the same place, and left Mark Hollis to watch, and I came away; on the Tuesday morning, between seven and eight o'clock, I heard a pistol fire, and I ran to his assistance, and I saw the prisoner with him, he was then in his custody. Q.Where was the bag at this time? - A. I did not see the bag, the prisoner was at some distance from the place, I believe about 200 yards, or not so much, or more, I cannot justly say. Q. Was this any thing like a thoroughfare, where the bag was deposited? - A. No, it had been a throughfare; it was entirely over-grown with brambles, you cannot get at it without tearing yourself, I could not get to the bag without crawling under the bushes. Cross-examined by Mr. Knapp. Q. You laid down half a piece of dimity? - A. I laid a whole piece down, half a piece was gone. Q. What was it you lost, what quantity? - A. Three pieces, twenty-five yards each. Q. That was on the Friday? - A. Yes. Q. You never went to the place again till Monday? - A. No. Q. What was the value of them? - A. I don't know. Q. How did you lay them down? - A. On the pins, for bleaching. Q. Allen first watched? - A. Yes. Q. He is not here? - A. No. Q. When the pistol was fired, the prisoner was 200 yards from the place? - A. Yes. Q. This had been a throughfare? - A.Not in my time, it had the appearance of it. Q. A person might get through? - A. Yes. Q. The goods were first left under the care of Allen? - A. Yes. Q. On the Tuesday, you took the goods out? - A. Yes. Q. Who did you deliver them up to? - A.Mr. Gould, my master. Q. Is he here? - A. No. Q. Any body else, from Friday to Tuesday, might have taken them? - A. I don't know. Court. Q. What time did you hear the pistol fire? - A. Between seven and eight in the evening. Court. Q. Was it dark then? - A. The moon gave a light, it was cloudy. Mr. Raine. Q. Was there any foot-path near where this lane was? - A. Yes; on the other side of the hedge. MARK HOLLIS sworn. Examined by Mr. Knowlys. Q. Were you servant to Messrs, Gould and Penny? - A. Yes. Q. Were you acquainted with your masters having lost the calico? - A. Yes; on Monday morning. Q.Did you go to the place where it was found? - A. Yes. Q. Were you set to watch there? - A. I was; from about the hour of seven o'clock on Monday night; I watched all Monday night; on Tuesday night, I went again, about half after six in the evening. Q.Whereabouts were you placed to watch? - A. I had an old bit of a sword, with two edges; I cut a hole in the bushes, and hid myself in the hole, about four or five yards from the things. Q. Is this a very easy place to get at? - A. A very bad place. Q.Tell us the whole that you observed? - A. As I was waiting there, I saw the prisoner go along the path the outside of the lane, the man was singing; there were two men with me; after the man was gone by, he went past the hedge where I was, and was going from me; I stooped down; after he passed me, I went up the lane to see if I could see any thing of them, and I saw the prisoner in the field; I told one of the men to go and get his supper, and come at twelve o'clock to relieve me; I went down into the bushes again, and saw the prisoner came back, and go down into the lane; the man looked sharp about him, to see if there was any body in the place. Q. By the man you mean the prisoner? - A. Yes; he made a bit of a stoop at the hole, but did not stop; he went up the lane, and went to where the bag was; he took the bag and threw it out, he then went and took it on his shoulder; I then told him he was a dead man, if he went any further; I had a pistol in my hand, and the sword; the prisoner dropped the bag from his shoulder, and turned round and faced me, and asked what he had done; I told him he must go with me to my master; he said for what; he kept looking up and down the lane; I told him he must follow me; I got him to follow me about ten yards, and then he stopped again, and parlied with me, and attempted to close in with me; I told him to keep off, or I would cut him down; he said he was not afraid of me; I said, not I of him; I called Allen, I thought he might be within hearing; he said, I had got no Allen; I said, I had got him, and would take care he should not go away; he then ran from, me; I told him to stop, or I would fire upon him; I attempted to fire, and the pistol slashed in the pan; he kept running on; I told him again I would fire upon him, if he did not stop; I pulled out the other pistol, and fired upon him; he kept on; I told him again I would fire upon him; he then turned round and parlied with me; I followed him till Falkner came up, and then we secured him. Cross-examined by Mr. Knapp. Q. Were you present with Falkner when the linen was put down on the ground of your master? - A. No. Q. You did not know what was in the bag? - A. No; I saw the things in the bag on Monday, what was in the bag on Tuesday, I know not. Q. This cotton was laid down on the Friday, and Falkner did not see it till the Monday? - A. No. Q. Who took it, neither you nor Falkner know? A. I have nothing to do with the things on the ground Q. The prisoner asked you what he had done? - A. Yes; I said he must go to my master.(The things were produced in Court.) JAMES STUBBINGTON PENNY sworn. Examined by Mr. Raine. Q. Who are the partners? - A. George Gould , James Stubbington Penny, William West , and James Gould. (Looks at the goods). Q. Do you know those goods? - A. Yes. Q. What is the value of them? - A. At least, 20l. Q. Are they in a vendible state? - A. It is possible they may be sold, they are not in the state we usually sell them, they are not finished; I have taken an impression off the print, and they correspond to half an hair's breadth. Q. Did you ever see a pattern corresponding with that? - A. No. Q. Have they the King's mark upon them? - A. Yes. Q. Is there any other bleaching ground near? - A. Not for ten miles. Q. There is no other bleaching ground in the district? - A. No. Cross-examined by Mr. Knapp. Q. These are called quilting and dimity, are they cotton? - A. They are called cotton, I am not very well acquainted with the manufacture; as far as I know, they are both cotton. Prisoner's defence. I was at a sale, the 13th of September, in Brentford, and laid out to the amount of 22l. 8s. and gave earnest for them; and after the sale was over, having been standing all day, I walked out to see a friend at Hounslow, when I came there he was gone from there; so I went to the next public-house, and asked them if they knew James Miles, that lived there, they said they did, that he was gone to Kingston-upon-Thames; a man said he saw him in a lane, and I went down the lane, and saw this bag, I went and laid hold of the bag, and the man jumped up, and said he would blow my brains out if I stirred; I had a little money in my pocket, thirty-four guineas and a half; I had not paid for the goods; I did not know what the man meant to do to me, I ran away; I thought if he got my money, he would murder me; I ran away, and he being stronger, overpowered me and took me. Q.(To Penny). Was the prisoner searched? - A. Yes; I did not see him searched. - HONICRAFT sworn. Q.Did you see the prisoner searched? - A. Yes; there were thirty-four guineas and two straps found upon him. Prisoner. I come up to sales to London, and I carry the goods I buy to Queen-street, in the Borough; and leave them till I can pack them up; and I carry these straps for the purpose; when I go to Portsmouth, which I often do, I carry the straps always to carry goods. For the Prisoner. JOHN WATSON sworn. I was at the Cheeqners, Isleworth, the 13th of September; there was a conversation in the taproom, of the calico-ground being robbed, and a watch was supposed to be set in the field; I was going to Hounslow, they desired me not to go that way, for fear I should be stopped; I went across the common field to Hounslow; just at the top of the lane, I met a man, and bid him a good evening; it is the lane going to Hounslow-heath. Q. How far from the premises of Mess. Gould? - A. About a quarter of a mile. Q. Do you know who the man was? - A. No; I do not. Q.Was it the prisoner? - A. I understand it was since. ISAAC PENNY sworn. I live at Isleworth: I know it is a common foot path for any body, to go from Isleworth to Hounslow. Q. Do you know the place where the bag was found? - A. By what I heard say, it was close by the foot-path. Q. Do you know the lane where these things were found? - A. I know the lane perfectly well. Q. Is that lane a common foot path? - A. If a person chose to go in it he might, there is only a little thick hedge. WILLIAM BIGGS sworn. I know the field, one path goes to the right, the other to the left. Q. Do you know where the things were found? - A. No. HENRY SLAUGHTER sworn. Q. Do you know the lane where the things were found? - A. Yes; there is a foot path, people may go through if they chuse it; I have frequently gone through the lane. Q. Do you know where the goods were found? - A. Yes. Q.Has any body shewn you the spot where the things were found? - A. No. SARAH WOOLDRIDGE sworn. My husband is a farmer in the parish of Barrington, in the county of Hampshire, between Petersfield and Portsmouth; I have known the prisoner three years last May; I never knew any dishonesty of him in my life; I have served the house with butter and eggs above these three years. Q.You give him a good character for honesty? - A. Yes. GUILTY . Transported for fourteen years .