Central Criminal Court - Old Bailey
Saturday, 16th May 1840
THOMAS ATKINS was indicted for stealing, on the 12th of May, 3 oz. weight of silver filings, value 13s., the goods of Sebastian Garrard and others, his masters.
Sebastian Garrard. I am one of the firm of Sebastian Garrard and Co., silversmiths in the Haymarket. The prisoner was in our employ—we have from day to day a quantity of silver filings accumulated—my attention was called on several occasions to a deficiency in the filings, in reference to the business done, and on Wednesday the prisoner was given in charge —when I came to business in the morning, he told me he was very sorry for what had happened, and if I would forgive him, nothing of the sort should happen again—I had made him no promise—none of the servants have permission to take the silver filings—I lost 1200 ounces last year.
Edward Wallis. I was in the prosecutor's service—there had been silver filings missing—there are about eighty persons in the employ—none of the servants have the privilege of having the silver filings. On Tuesday, May the 12th, I saw the prisoner go up to Mr. Hearn's shop-door, in Jerusalem-passage—directly he saw me he retired from it—my suspicions were aroused, and I concealed myself under a public-house window, nearly opposite Mr. Hearn's shop—the prisoner caught sight of me, and retired—in about half-an-hour I saw him come out of the house where I lodged, which is just by Jerusalem-passage—he beckoned me out of the house—I followed him into the street, and he said to me, "What is the matter?"—I pretended I did not know what he meant—he said, "You have been into the passage "—I said, "And so have you, with two ounces and eighteen dwts. of silver "—(I had in the mean time made inquiry at Hearns's)—he said, "I have," and begged and prayed of me not to make it known to my employers.
Prisoner. I did not say the property belonged to my employers, but begged him not to mention it to them.
John Hearn. I am a refiner, and live in Jerusalem-passage, St. John's-square. On Tuesday, May 12th, the prisoner came to my shop, about eight o'clock at night, with some silver filings, wrapped in brown paper, and requested I would melt it for him, and he would call in an hour, or if I could not do it, he would call in the morning—I said I would do it at once—previous to his calling for the money Wallis came, and made inquiry, in consequence of which I showed him the silver—it had then been melted—I did not know that he was in the prosecutor's service—a few minutes after Wallis left the shop the prisoner came in, and asked if it was ready—I told him " Yes," that I had melted it, but it was stopped, and I did not pay him for it—I should have allowed him 4s. 6d. an ounce without assaying—it was not worth assaying.
Walter Thorburn. I am a policeman. The prisoner was given into my charge—on going to the station-house I asked him if he had taken the silver filings—he said he had, but he was not the only man in the shop that took the filings—I made him no promise or threat.
Prisoner's Defence. Nothing was found on me; as to the silver, nobody can say I took it off the premises—other people had the same chance of taking things as I had—it was not in the same state, and they cannot swear to it.
GUILTY. Aged 37.—Transported for Seven Years.
Source: Central Criminal Court - Minutes of Evidence - Henry Buckler - 1840