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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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