Court Transcript:
EDWARD JONES and WILLIAM COTTERELL , burglariously breaking and entering the dwelling-house of Stephen Warwick with intent to steal.
MR. WILDE conducted the Prosecution.
STEPHEN WARWICK . I live at 1, Northampton-square, in the parish of St. James's, Clerkenwell. On Sunday morning, 19th Nov., about twenty nmiutes past twelve o'clock, I was called up by a police-officer, and found the front kitchen shutter broken open and the sash off, a pane of glass broken, the sash-fastening pulled back, and the sash thrown up—I had seen it fast at half-past eleven—I always go round the house and examine the doors and windows, having been robbed before.
SARAH EXALL . I am servant to Mr. Warwick—I was in the kitchen that night at eleven o'clock—I had previously put the shutters to at five o'clock, and put the bar up between six and seven—the window was then fastened—on Sunday morning the window was broken, and the bottom hinge off—I had slept through the disturbance—the window had not been opened during the day.
JAMES COBBETT (policeman, A 410). On Sunday morning, 19th Nov., about ten minutes past twelve o'clock, I was on duty in Northampton-square, and saw the two prisoners come up Ashby-street, from St. John-street-road—they stayed a minute or two and then got over the prosecutor's railing, and went down the steps into the area—they did not see me—I was standing under a tree in the centre of the square, under the enclosure—I stood there about ten minutes—I heard a pane of glass break and the scrooping of shutters, a curious noise as though any one was wrenching them open—I then went across the road, looked over the railing, and saw Cotterell go from the window into the coal-house under the pavement—I said, "Who is there?" three times, and got no answer—I then called another constable, went over the railing down the area, and saw both the prisoners standing in a corner of the coal-house—I asked Cotterell what he wanted there, and he said he had dropped his hat into the area—I asked Jones what he wanted there—he said he dropped his knife—they said they heard me coming, were frightened, and got into the coal-house out of the way—I examined the window and found it and the shutter broken.
Cross-examined by MR. PARRY. The outside shutter do you mean? A. The shutters are inside—a square of glass was broken opposite the fastening, so that any one could pull the fastening back—the fastening was pulled back and the bottom sash thrown up—the inside shutter was forced in about two inches from the bottom and the screws forced—no person could get in in. the state the shutters were then in—I went into the kitchen, after calling Mr. Warwick—there was a wooden bar across the shutters then still up.
BENJAMIN PHILLIPS (policeman, D 58). I was with Cobbett—he left me outside—I saw Cotterell in the area—I knocked at the door, and Mr. Warwick let me in—while knocking I saw Jones come out of the coal vault, the door of which was standing open—there was no fastening to it—I afterwards went in there and found this dark lantern and a jemmy (produced.)
JAMES COBBETT re-examined. The pane of glass was not wholly taken out, only the bottom part of it—there was room enough for a person's hand to be put in to unfasten the window—it might be done with a chisel or other instrument—you could put your thumb and two or three fingers through—the fracture was close to the fastening.
(MR. PARRY submitted that a sufficient entry was not proved to sustain the charge, no part of the person of the prisoners having been proved to be introduced. The COURT left it to the Jury to say whether the hand was or was not introduced to undo the fastening.)
JONES— GUILTY . Aged 19.
COTTERELL— GUILTY . Aged 18.
Transported for The Years.
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Australian Convict Ship Project
Abt 1829 - Yes, date unknown
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