West Briton, 12 Mar, 1841


HOUSEBREAKING

RICHARD MAUNDER, 27, was charged with having broken into the dwelling house of Ambrose DAWE, of Calstock, and stolen there-from several articles of wearing apparel and other things belonging to the prosecutor.
Mr. STOKES appeared for the prosecutor, and Mr. CHILDS for the defence. Ambrose DAWE examined - I am a miner living at Calstock; on the 5th of March, I saw the prisoner at my house in the middle of the day; my wife called me as I was then in bed. I asked the prisoner to dine with me; I went to work about a quarter past twelve; left my jacket, and shirt, and
handkerchief, and knife, in my bed-room. I left two razors in the room; and a snuff box somewhere in the house. I afterwards returned to my house at night, and then I found these things missing. I left my wife in the house when I went to work, sitting by the fire. Cross-Examined - I live in the Harrow-barrow. There are no houses within a hundred yards of mine. I had seen the prisoner many times before that day. Sarah Dawe was next examined, and corroborated the evidence of her husband so far as he had related. She then said, after my husband went from his dinner, the prisoner asked who lived next door. I told him nobody at present. He then asked how my mistress and master got on - we had lived in service together. He went away about a quarter before one. I went away about half an hour after. When I left my house, I locked the door and took the key with me. The window nearest the ground was fastened. A board was put into it where there was a pane broken and it was fastened. I remarked the prisoner's shoes before he went away. I returned about two hours afterwards - at nearly five o'clock. I observed nothing particular on coming back to my house. When I unlocked the door, I found some one had broken in. The board of the window was lying in the window seat, but the window was fastened. I missed bread and bacon. I then missed up stairs, a jacket, a shirt, a pocket handkerchief, and the next morning two razors and a pocket knife. I observed a footstep which I thought the prisoner's, outside the window; in consequence of that I caused him to be apprehended. Cross-examined by Mr. CHILDS - I did not tell the prisoner that I was going to my mother's house. My house is in a thoroughfare. By Mr. STOKES - He could not have taken these things from the window, but the window might have been broken open by the removal of the wooden pane. My house is on the parish road. This window faced a field, but not the road. That window cannot be seen from the road. Henry BULLEN examined. I am a constable of Callington. After the 5th of March I was applied to by the prosecutor to go to the house of Peake GARLAND, the father-in-law of the prisoner. I found a knife on the prisoner's bed in a jacket. The prisoner afterwards told me that was his jacket. I kept possession of that knife. When I apprehended the prisoner, I took off his boots. I went back to Dawe's house, and saw foot prints directly under the window where the wooden pane was. I compared the boots with the foot marks and they corresponded exactly. The mark was very remarkable. I have had the boots ever since. The witness then produced the boots and the knife. Richard Peake GARLAND examined. I am the father-in-law of the prisoner. He
lodged with me till the 6th of this month. I produce some things which I found on last Sunday morning about a quarter of a mile from my house. I went to the hedge in consequence of seeing footmarks like the prisoner's. Ambrose Dawe was examined and identified the articles produced as his property. Sarah Dawe stated that the shoe produced was like that which she observed on the prisoner's foot, while he was sitting in her house. The constable also stated that he had measured the marks on the ground. Benjamin COOKE examined. I saw the prisoner on the 6th of March about a quarter of a mile from prosecutor's house going towards it. Had observed the prisoner's foot marks, and made a comparison the morning after the robbery with some near the house. They exactly corresponded. Garland stated that this shoe resembled the foot marks leading to the hedge where he found the clothes. - Guilty.



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