Preston Guardian
Saturday April 7 1832
Preston Quarter Sessions
James Sherry, aged 20, was charged with stealing at Burnley, on the 14th January last, two shillings and sixpence, the monies of William Whittaker, an innkeeper. The prisoner, it was stated in evidence, asked for change of a half-crown from the prosecutor's wife, and having received it in two shillings and a sixpence, he enquired if they could give it him in sixpences. She asked him if he had returned the first change, which she was not sure of, and he said he had. She then took up his half-crown and gave him the second change. She afterwards found that she was half-a-crown short. It was proved that he was changing half-crowns on the same day, or attempting to change them, in a similar way, with other parties. The counsel for the prisoner contended that there was no case of larceny made out, as the fact of his receiving the change on pretence that he would give a half-crown piece in return, did not constitute the offence, but amounted merely to receiving money under false pretences. He cited several cases in favur of this plea. The prisoner received a good character. After a consultation of considerable length the jury found a verdict of guilty. The Chairman said, that in consequence of the long imprisonment he had already suffered, the court should remand him to one months' imprisonment
Henry Wadsworth, 27 and James Barker, 48, were jointly indicted, the former charged with breaking into a warehouse, at Colne, and stealing ten pieces of cotton cloth, the property of Thomas Thornber and Nicholas England; and the latter with receiving the 10 pieces, and one other piece, knowing the same to be stolen. Thomas Greenwood, who had been apprehended for receiving the same, was admitted approved against the prisoners. There was nothing extraordinary in the evidence. The pieces, it appeared, were offered for sale to Barker, and were bought at a price something below what they would have fetched in the market. Some of the marks which had originally been on the pieces had been torn or cut off. The case as affecting the other. The prisoner Barker is himself a manufacturer of some standing, and received a good character from several respectable witnesses. The jury found both prisoners guilty.
Henry Wadsworth, the above prisoner was then charged, on another indictment, with stealing, in February, from the warehouse of Mr. Smith, at Briercliffe, twenty three cotton pieces, the property of William Smith. The indictment contained a count for breaking into the prosecutor's warehouse. To the style of thereof, the defendant's counsel objected as he considered the venue not to be well laid. Briercliffe is only termed part of a township, namely Briercliffe with Entwistle.
The court confirmed the objection so taken, and the first count in the indictment was quashed, but the prisoner was tried on the general counts of the indictment for stealing only. Prisoner found guilty of stealing.
James Barker was again ordered to the bar, charged on another indictment with receiving at Colne, 23 pieces of cotton, the property of William Smith.
Thomas Greenwood, who turned the King's evidence, proved his having sold the pieces to the prisoner, on the 15th October last for 2s. 9d. per piece.
Mr. Smith, the prosecutor, swore to the pieces being his property, and that they were worth about 4s. per piece.
The clerk to the committing magistrates being sworn to the depositions, the voluntary examination of the prisoner was then read, stating that he had never had any dealings with Greenwood before this.
The jury found the prisoner guilty, and the court sentenced the prisoner on the above indictment to 7 years transportation, and 7 years further on the previous indictment.
N.B. -The prisoner Wadsworth, in the former case, was also transported 14 years - seven years on each indictment.
Anthony Clarke, only 10 years of age, and Jas. Thomas, 13, were indcited for stealing at Burnley, in February, a brass weight, the property of Paul Veevers, and Thomas was further charged with stealing a lead weight, the property of Oliver Tillotson. The Chairman, on summing up, lamented that there was no power in magistrates to deal with cases of persons so young as the prisoners at the bar, in a summary manner, so as to supersede the necessity of bringing such cases before the court. He wished the law were altered in this respect, but as it stood, the must act under it. Both the prisoners were found guilty, and it was stated that there was another charge against Thomas of a similar nature. The Chairman sentenced them to 2 months' imprisonment and to be whipped
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