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The Preston Chronicle
Saturday April 7 1838
Easter Quarter Sessions
John Stansfield was indicted for stealing at Colne, on the 16th February, five sheets, and thirty pounds weight of sheeting, the property of David Clegg.
Mr. Hulton for the prosecution, stated. that on the day of the robbery, the stolen property was hanging out to dry, at the door of the prosecutor, who is a sizer; the prisoner was seen near the premises, and shortly after it was missing, it was proved to have been sold to a woman living at Colne waterside.
The prisoner in his defence, said that a man had given him the articles to sell, and had paid him threepence for selling them. The chairman summed up the evidence, and the jury found the prisoner guilty. To be imprisoned and kept to hard labour for twelve calendar months.
The Burnley Gang of Housebreakers
Henry Sellars, 21, was charged with burglariously breaking and entering the dwelling-house of Elizabeth Greenwood, at Habergham Eaves, and stealing therefrom two purses, a great number of silver and gold coins, a quantity of silver plate, a desk containing various articles, two keys, a quantity of wines and spirits, and other articles, her property; also the house of Robert Artingdale, Esq., and stealing therefrom a quantity of silver plate, clothes, linen, and other articles; also the house of James Campbell, and stealing therefrom a quantity of cheese, some spirits, money, tobacco, and other articles: also the dwelling-house of John Sellars, and stealing therefrom a great coat, a hen, some Irish linen, stockings, trowsers, and other articles.
The prisoner pleaded guilty to all three indictments severally.
Thomas Chester, 21, and William Atkinson, 34: were then put to the bar; Chester wascharged (along with Henry Sellars) with burglariously breaking into and entering the dwelling-house of Robert Artingdale, Esp., and stealing therefrom a quantity of silver plate, a tortoise shell pencil case, a snuff box, some wearing apparel, and other articles: also with receiving from Henry Sellars, a fustian coat, the property of James Campbell, knowing the same to have been stolen. Ainsworth was charged with stealing at Habergham Eaves, a quantity of worsted yarn, the property of John Massey and others; also with receiving from Henry Sellars, one black silk handkerchief, knowing it to have been stolen.
The prisoners, Atkinson and Chester, pleaded not guilty. Mr Hulton appeared for the prosecution, and Mr. J. Addison defended the prisoner Atkinson.
The case was first gone into as against the prisoner Chester, for the robbery at the house of Mr Artingdale, of Habergham Eaves, and against the prisoner Atkinson, for receiving a small silk handkerchief, part of the stolen property.
Witnesses were called to prove that the house of Mr. Artingdale was broken into on the night of the tenth of January, and the articles laid in the indictment were stolen therefrom.
Mr. Chaffers, constable of Burnley, and Mr. Asquith, constable of Colne, proved taking the prisoners into custody, when several articles were found in the possession of the prisoners charged with the burglary, and a black silk handkerchief at the house of the prisoner Atkinson, the handkerchief being sworn to as the one taken from the house of the prosecutor. A long string of circumstantial evidence was gone into, to prove the connexion between the prisoners Sellers and Chester, and Atkinson.
The case against Atkinson appeared very slight; it appeared that the handkerchief purchased by him was a very ordinary one, and that he had given sixpence for it. When asked by the Police whether he had bought such a handkerchief, he at once admitted that he bought one of Sellars, and at once produced it.
Mr. Addison addressed the jury in a very able defence for the prisoner, and called a number of witnesses, who gave him an excellent character.
The prisoner Chester, in his defence, denied that he had anything to do with the robbery, but confessed that the articles foun in his possession had been received from Sellars.
The learned Chairman having lucidly summed up the evidence, the jury deliberated for a short time, and pronounced a verdict of guilty against Chester, and not guilty as to Atkinson. There was a previous conviction against Chester.
William Atkinson was then put on his trial, charged with stealing on the 12th October last, a barrel; the property of Archibald Haddin, the landlord of the Canteen public house, Burnley Barracks.
Mr. Hulton stated the case, and called Mr. Haddin, the prosecutor, who stated that in October last, when delivering some empty barrels to his brewer, he missed one barrel; the prisoner had been in the habit of visiting witness' house; the barrel missed was one that he had received from Mr. Dalton.
Cross-examined by Mr. J. Addison: He never sold a barrel of ale in one of Mr. Dalton's barrels; witness dealt with other persons besides Dalton; the barrel missed was taken from within the barrack walls, and two sentries were placed at the gates; if any one had taken out a barrel, the sentinels must have seen him; the prisoner had a wooden leg.
Mr. Chaffers, constable of Burnley, stated that he found a barrel at the house of the prisoner, in January last; it appeared to have been in use. Witness produced the barrel.
Cross-examined by Mr. Addison.-There appeared to have been a name on the barrel which was scratched out; it might have been used as a water tub; witness thought it had not been in use more than two years; could not say decidedly whether the mark on the barrle was part of a "D" or not.
William Yates, a constable of Burnley, proved that he took the barrel produced from the house of the prisoner Atkinson.
Mr. Haddin being re-called, said he could not recognise the barrel produced.
William Astley, foreman to the executors of the late Mr. Dutton, brewer of Burnley, stated that the barrel in question appeared to be one belonging to their establishment.
This being the case for the prosecution.
Mr. J. Addison addressed the jury for the prisoner, and made out a very strong case in his favour.
The Chairman having summed up, the jury deliberated for a few moments, and returned a verdict of acquittal in favour of the prisoner. At a subsequent period of the day, Atkinson was again placed at the bar, charged with receiving, knowing it to be stolen, a quantity of worsted yarn, the property of John Massey and Sons, worsted spinners, of Burnley and Habergham Eaves. Mr. Ashworth, foreman to Mr. Massey, the prosecutor, being examined, stated, that on the day laid in the indictment, the works were broken into, and about one hundred and fifty pounds of worsted yarn were stolen therefrom.
Mr. Chaffers, constable of Burnley, proved that he found at the prisoner's house, a quantity, about five or six pounds, of worsted yarn, which he now produced; the prisoner stated at the time that he had bought it off a hawker.
Mr. James Massey, nephew of the prosecutor, stated that the yarn produced was part of that which had been stolen; for particular reasons he knew it to been manufactured by the prosecutor.
Cross-examined by Mr. J. Addison.-Had sold yarn of the same kind several months ago; did not know but that the yarn produced might be some of it; was quite certain that it had, at some time or other, been manufactured at Massey's establishment.
Mr. J. Addison addressed the jury for the defence, after which the Chairman having with considerable pains summed up the evidence, the jury, after an instant's consideration, acquitted the prisoner, and he was shortly after ordered to be discharged.
The prisoners Sellars and Chester were then put to the bar, to receive sentence.
The Chairman addressed the prisoners at some length, and after commenting at some length upon the length of time to which their career of crime had extended, and the enormity and number of the crimes of which they had been convited, sentenced them to be each transported beyond the seas for the term of their natural lives.
William Whalley, 34, a very respectable looking man, was charged with stealing, on the 16th of March, nine gallons of ale and a barrel, the property f Messrs. Martin and Beevors brewers, of Burnley.
Mr. J. Addison appeared for the prosecution.
Mr. W. Astley, the manager of the brewery, stated that on the day of the robbery, a nine gallons cask of ale was missing, and directions were given to a person named Longworth to follow the cask.
Cross-examined by Mr. Segar.- The prisoner had been in the employment of the firm for ten or twelve years, and nothing was ever known against him before the present transaction; he had frequently been trusted to sell ale: several deprodations had been committed at the brewery in the way of stealing ale; would not tell the names of the persons who were the guilty parties; a person had been apprehended lately for stealing on the premises.
Alexander Blundell, stated that he had seen the cask in question safe on the evening of the 15th of March; on examining the place the next morning, he found it was missing; the prisoner's cart which was loaded the night before, had then gone off; when the cart was loaded in the evening, there was not a nine gallon cask upon it.
Cross-examined.- The prisoner had borne a very good character up to the present time.
Henry Longworth was a brewer in the service of the prosecutor; followed the prisoner on the morning of the 16th of March, he overtook him driving his cart, but witness did not take it off the cart or otherwise interfere with it. There was then a nine gallons cask of ale upon it.
Cross-examined by Mr. Segar.- The prisoner had always borne a good character.
Mr. Segar address the jury in an ingenious and eloquent address for the prisoner, and endeavoured to show that he was the victim of a conspiracy by his fellow workmen, and that the cask seen upon the prisoner's cart, was an empty spirit cask.
Several witnesses were called to prove discrepancies in the evidence for the prosecution, and others to give the prisoner a good character.
The Chairman having charged the jury at considerable length, the jury, after a few minutes deliberation, pronounced a verdict of not guilty.
The prisoner was again indicted for stealing, on the 3rd of march last, a cask, containing nine gallons of ale, the property of his employers, Messrs. Markland and Co., of Blackburn.
Mr. J. Addison stated the case for the prosecution, and called evidence to show, that on the third of March, a cask containing nine gallons of ale, was on the premises, which was afterwards missed, and on the fourteenth of March, an empty cask was brought back by the prisoner, which was the same which contained the ale alleged to be stolen.
It was elicited, on cross examination by Mr. Segar, that other carters were employed in the service of the prosecutors, and that it was the business of the prisoner to bring back any empty casks which were given to him by the customers.
After a lengthened enquiry, Mr. Segar addressed the jury on behalf of the prisoner, and the jury found a verdict of not guilty. He was immediately discharged.
The Grang Jury, at this stage of the proceedings, came into court with the last bill, and the Chairman in discharging them, returned the thanks of the county for their services.
Thomas Hodgeon, 22, charged with stealing from the person at Burnley, was called up, and told that in consequence of the absence of two material witnesses, he should be discharged for the present upon his recognizances.
Thomas Whittam, 22, pleaded guilty to stealing, at Colne, in February last, a number of joiner's tools, the property of Robert Dyson. He was sentenced to be imprisoned to hard labour for two calendar months.
Henry Ashworth, alias Molyneux, 19, pleaded guilty to stealing, at colne, on the 23rd of January, two cloaks the property of Sarah Dobson. To be imprisoned to hard labour for six calendar months.
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