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From the Kent Herald, 19 August 1824.
John Mumford was indicted for stealing a trunk, containing several articles of
wearing apparel, the property of Peter Barlow, from the house of John Ralph, at
Greenwich. The prosecutor is a mathematical teacher at the Castle School,
Woolwich, and on the 22nd of July last, deputed the prisoner, who was a driver
of one of the vans called Coburge, to fetch his trunk from the "George" public
house, Limekiln Lane, Greenwich, giving him at the same time his card of
address, as a token to the landlord of the "George." The next day a man called
at the said public house, exhibited Mr. Barlow's card, and receiving the trunks.
It was admitted that the prisoner was not the man who lifted the trunk, but a
witness of the name of Atkinson swore that he saw the prisoner and two other men
in Greenwich Park with the trunk, roquelaure, and green coat. Other Witnesses
depose that they saw the prisoner and three men with the trunk and great coats
at the "Rose and Crown;" they were one company, drinking and smoking together,
and on going away the prisoner placed the trunk under one of these men's arms,
and threw the cloaks over his own.
The following is a specimen of the cross-examination of one of the witnesses,
Gosling, a Greenwich coachman:-
Mr. Andrews:- Now, Golsing, have you not stood there (pointing to the dock)
before?
Never, to my knowledge.
Have you been tried here?
I never was in this town before in my life.
Have you never been tried for a felony anyway?
Not to my knowledge.
On your oath, have you not been in prison?
Oh! In several, in many parts of the kingdom.
Name me one or two?
I can't exactly recollect; I am not particular.
Well, for what crime?
Why, for debt, I take it - (with a grinning laugh.)
On your oath were you not tried for a felony once in your life?
Not to my knowledge.
Recollect yourself, Sir?
I have heard of such a thing when I was 15 years of age.
Were you in gaol for it?
I was at the Old Bailey.
Now, sir, on your oath, have you not been on board the Hulk at Woolwich?
Oh, yes, very often.
But sentenced to be sent there?
Not that I recollect. I never was, indeed.
Well, go along.
I am going.
Mr. Law having closed the case, Mr. Baron Graham observed there was no evidence
to support the indictment for a felony.
Mr. Law considered that a participation in the felony was made out by the
transfer of the card to the person who took away the trunk, and the property
being seen an hour after the robbery with that person in the prisoners company.
Mr. Baron Graham said if the prisoner had been indicted either as an accessory
before the fact or after the fact, the evidence might of been sufficient; but
there was a total failure of showing that he lent virtual aid to the robbery.
The Jury could not upon such evidence finding guilty of the felony.
You see, Mr. Andrews, continued his Lordship, you have not directed your
attention to this; you've been asking several questions of no use to the defencve.
Mr Andrews:- But my lord.
Mr. Baron Graham, smiling:- Don't be angry, Mr. Andrews. I am only surprised at
a gentleman of your experience; but you have a right to conduct the case your
own way.
Mr Andrews:- I assure you, my lord, I am in excellent temper, I wished to have
two strings to my bow.
Mr. Barham Graham:- There is no string here, however.
Mr. Andrews:- Fortunately not for my client.
The jury, under the direction of the Learned Judge, returned a verdict of not
guilty; and the prisoner, on the application of Mr. Law, was ordered to be
detained for the purpose of another indictment preferred against him on a future
day.
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