OHN WELLING, Theft > simple larceny, 26th October 1835.

Reference Number: t18351026-2285

Offence: Theft > simple larceny

Verdict: Guilty > other

Punishment: Transportation

See original

2285. JOHN WELLING was again indicted for stealing, on the 22nd of

October, at St. Giles's Camberwell, 1 till, value 2s.; 4 shillilngs and

2 sixpences; the goods and monies of George Mussell.

GEORGE MUSSELL . I live in Church-street, Camberwell. On the 22nd of

October, about half-past eight o'clock in the evening. I heard a noise

in the shop—I went in immediately, and found the till on the floor—I had

seen it about five minutes before—there was then five or six shillings

in it—nobody had been in the shop after I saw it safe, to my

knowledge—when I got into the shop I saw the prisoner outside the door,

collared by the witness—he struggled to get away—the money was in the

till, which was on the floor.

Cross-examined by MR. PAYNE. Q. How far were you from the persons who were

struggling? A. Close to them—I did not lay hold off the prisoner, as the

witness was sufficiently strong; but he got away—I did not feel inclined

to lay hold of him—I was standing at the door—I saw him for about two

minutes—I did not lose any money—I had never seen the prisoner before—I

was by his side—I do not recollect saying anything to him—I was much

agitated at the time—I can swear to him—there was a lamp-post immediately

opposite.

JAMES MAYES . I was standing close by the prosecutor's shop, at about

half-past eight o'clock in the evening, and saw a person go into the

shop—it was the prisoner, I am sure—I watched him, and saw him reach

over the counter, and take the till out—I stopped him at the door with

it—I took hold of him, and he made his escape—I have not the least doubt

of him, and swear positively he is the man.

Cross-examined. Q. Had you ever seen him before? A. No—I was walking with

a man, who is not here—he saw all this—I struggled with the prisoner for

about two minutes—the prosecutor came in the mean time—he did not attempt

to lay hold of him—I was close to the shop, looking in at the window—there

was a gas-light in the shop—I swear I distinctly saw his features—it

lasted about five minutes altogether—I did not follow him when he got

away.

Prisoner's Defence. I was going home, and the policeman came up to me, and

asked me to go back to the shop—I walked back with him—I know nothing of

it whatever—I had been to order some goods, which I had to take to a

lady's house.

GEORGE MUSELL . There was 10d. in the till besides the silver—a

policeman took the prisoner—he is not here.

GUILTY . Aged 20.�?Transported for Seven Years.

Before Mr. Justice Gaselee.