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Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 20 February 2019), January 1783 (17830115).| Print-friendly version | Report an error
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Being the SECOND SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.
Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
BEFORE the Right Honourable NATHANIEL NEWNHAM , Esq; LORD MAYOR of the City of London; The Hon. EDWARD WILLES , Esq; one of the Justices of his Majesty's Court of King's Bench; The Hon. Sir WILLIAM HENRY ASHURST, Knt. one other of the Justices of the said Court; The Hon. JAMES ADAIR , Esq; Serjeant at Law, Recorder of the said City, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
London Jury
Thomas Fletcher served the last day in the room of John Simpson as far as the trial of Eyres and others, and then John Rose served the remainder in the room of the said: Thomas Fletcher .
First Middlesex Jury
John Clarke served the third day in the room of Hezekiah Green .
Second Middlesex Jury
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86. JOHN MERCHANT was indicted for feloniously assaulting Thomas Delaporte on the king's highway on the 13th of August last, putting him in corporal fear and danger of his life, and taking from his person and against his will, three pieces of gold coin of this realm called guineas, value 3 l. 3 s. his goods and monies .
On the 13th of August, I was robbed about a quarter before nine in the evening, in Kingsland-road ; I was going home to Newington, upon the box of the stage; just beyond the King's Head, I heard a very great noise of a person coming out of the fields, and calling damn your eyes you bloody buggerrer where are you going, that instant the prisoner caught hold of the horses heads, and halloo'd out, stop! the coach stopped directly; two men got into the coach, there were five in all; the others were standing by: after the two that went into the coach, came out of the coach, they came to me.
Court. Who were the two, was the prisoner one? - No, Milbourne the evidence, and Stunnell who has been executed, Milbourne struck me on the thigh, and he said what is this, give us it, on which I gave him my money; I gave him three guineas, and about eighteen-pence in silver, it was all the money I had in my pocket.
Where was the prisoner at the bar at that time? - At the horses head, holding the horses.
What sort of night was it? - It had been raining that day, but it was a very fine night.
What sort of light was it? - It was a very good light.
How was the prisoner dressed? - The prisoner was dressed in a light coloured coat, he had a flapped hat on I think; he stood by the horses heads all the time.
How long was this about? - About ten minutes.
He never left the horses heads? - No.
Four horses, or a pair? - Two.
Did he say any thing? - He said nothing while we were robbing; when I gave Milbourne my money, another coach came up, and they run to stop that coach; the prisoner kept with us all the time they were robbing that coach; we asked him whether we might go on, he said no you shall net.
How was he armed? - He appeared to have a cutlass.
Appeared to have? - It was like a cutlass.
He had a drawn weapon? - Yes.
You were on the box? - Yes.
The box is pretty high, is it not? - No, not to the common stages.
When you set upon the box, and he stood at the horses heads with a flapped hat on; could you see him? - I could, because he looked up at me all the time they were robbing the other coach.
Have you any doubts as to his person? - None at all.
How long after was it before he was taken? - About a month ago.
That was four months after the robbery? - Yes.
Had you ever seen him before? - No.
Did you ever see him till he was taken? - Never.
Was there any thing remarkable about him that made such an impression on you, that you could remember a man you had never seen before, at the distance of four months? - He looked at me, I never took my eyes off him, I looked at him; and I mentioned to the coachman afterwards, says I, if that fellow is taken seven years afterwards, I should know him.
Where did you see him afterwards? - At the publick office.
Were there other people with him? - No.
He was single? - Yes.
Before you saw him at the publick office, did you hear what he was taken up for? - I heard he was taken up, one Merchant; the coachman told me he was taken up: I was sent for to the Justices.
You did not know his name before? - No, I did not, only by Milbourne who had given information of him before, and I heard he was taken up.
Upon your oath, at that distance of time, if you had not heard he was taken up on this charge, and had you seen him any
You have no doubt at all as to his person? - None at all.
You declared immediately that you knew him? - Yes, the Justice bid me look round and see if I knew any man there, I looked round and pitched upon the prisoner.
Why you said there was but one prisoner for you to look at? - There was several people standing with him.
Prisoner's Counsel. I understood you never saw this man before? - Never.
What was the situation of the man at the horses? - He was in the front of the horses holding the reins, rather of one side, he appeared only to hold the rein of the side I stood on.
You was a little frightened I take it? - Not at all.
Not when the man struck you on the thigh? - I just looked at him.
Because you said you did not take your eye off the prisoner? - I just looked at the man when he struck me; I turned my head not a second, and gave him the money.
You had no curiosity to see what become of the other two men? - No, I sat looking at the prisoner, and I saw the side glimpse of them.
You did not observe the other two men? - There were two in the coach, one of them came and cut at me with a cutlass; that did not frighten me.
Did not you look at him? - No.
What are you? - I am clerk to a merchant .
Now this Milbourne was the person that gave information of this man, did he describe to you how he was dressed? - No, not at all; he was dressed in a light coloured coat.
A great coat? - I do not know.
A flapped hat? - Yes, a kind of a flapped hat.
What do you mean by that? - A cocked hat flapped over the front; he stood at the distance of the head of the horses the whole time.
Then you swear to the face? - Yes.
That is the only thing you can swear to? - Yes.
And that you only saw from the eyes downward? - Yes.
What is there remarkable in that man's face? - Because he is thin, rather thin and long visaged.
You could not see but half his visage, then the only thing that you took notice of was the thinness of his face? - Only his thinness and paleness.
Court. Can you give any reason why you should keep your eyes fixed the whole time on this man that stood at the horses heads, rather than to the people that were at the coach doors? - Because he kept his post, and I should have been more able to have sworn to him; the man that struck at me with the cutlass, went immediately to the back of the coach.
I am the coachman, but I was in the coach, a young man drove it; I saw the prisoner, but had only a side view of him as he let go the horses heads and passed by; I had a glimpse of him, I could not punctually swear to him; I could see the colour of his cloaths, and the size of his face, but not so as to swear to him.
Do you know who were the men that came into the coach? - Milbourne and Stunnell; I can only speak with certainty as to them, Milbourne took my money.
Court. Give your own account of this robbery? - We met on a Tuesday some time in August, I cannot tell the day of the month, at a publick-house near Spital-field's, where we spent the afternoon in drinking, then we agreed to go all out together, this was the first time I had seen the prisoner since he had been at sea, we agreed, he coming anew to us again to go out something further than we usually did; so we went the back way to Hagger-stone, and we saw a coach coming along,
Court. How long might you be with the coach? - We were with the coach about five minutes.
Did you observe who were on the box? - After I had robbed one of the Gentlemen on the inside, I shut the door, I saw a young man on the coach-box, I said halloo, what have you got, and I clapped my hand on his thigh, and he said you shall have it, and he gave me three or four guineas and a shilling or two.
Did the young man appear to be much frightened? - No, he did not, he appeared very calm.
Did you observe where Caddie and the prisoner was then? - He had left the prisoner during this time, as there was another coach came by; and we likewise robbed that; the prisoner stood all the while at the horses head, till the coach went on.
How long might you be robbing the witness Delaport? - About two minutes, not more.
Did he look attentively at you during that time? - I had a handkerchief over my face.
Did you observe whether he looked at you? - I looked down all the while, so that I could not see what he looked at.
How long was it before you left the coach intirely? - About five minutes.
Prisoners Councel. How long after this robbery was you taken up? - About ten days or a fortnight.
You was taken up for that very robbery? - I was taken up on suspicion of Mr. Hurd's murder.
Then it was when you found your neck was in danger, you turned evidence I think? - I was in no danger, I could not be sworn to, they never saw me until I was admitted an evidence.
The fate of most of your friends is, that they have been hanged? - Yes.
Now this man was was never taken up till now? - No.
Where did they find you, I thought you was to go out of town? - I did go out of town, and came back again, I could not get work sufficient to maintain me.
I thought so, how long have you been in town? - About two months.
Then business could be done better in London, and then this man was taken up? - Yes.
You had part of the reward of the others, I hope had not you? - I had what the Court was pleased to order me.
Now if this man should be convicted, you will have some more money? - I speak the truth, I am compelled to do it. - You went into the country where you might have staid, but you did not, and wanting money you came to town again? - I wanted no money, I came to town because I can ear double as much.
Aye, get more money in town, it was not through necessity or want of money then; but however, not till you come to town was this man taken up? - No.
And you will not tell us how much you expect if this man should be convicted? - I expect nothing.
Yes you do? - That is more than you can say, I am compelled to do it.
When had you a meeting with these men? - I saw them at the magistrates, and when they went to find the bills, I never saw them since.
You had a little conversation with them, had not you? - Yes I had conversation.
You told the whole story to them? - No.
Did not they ask you some questions, did not you give the whole history before the magistrate? - Yes.
Delaport was there? - Yes.
He heard the whole of it? - Yes.
Perhaps you was examined first? - No.
You say you had not seen the prisoner since he came from sea? - No.
Was you the captain? - There was no particular captain.
During the whole of the robbery of that coach, two men held the horses? - Two men first stopped it, and Caddie left it; Merchant still continued. - When Caddie left it, this robbery was not compleated.
You was not frightened? - I cannot say I was.
Court. Was this one of the robberies, of which you gave an account to the magistrates at the time you made your general discovery? - Yes my Lord it was.
Did you name Merchant as one of the persons concerned then? - Yes, my Lord, I did.
Court. Is the first examination of Milbourne here? - No.
PRISONER's DEFENCE.
I leave it to my councel.
Court to Milbourne. How long had the prisoner been at sea? - About two and twenty months.
Who perswaded him to come back to his old companions? - It was Stunnell's father.
Councel to Milbourne. Why do not you go to sea? - I hope I can live on land.
- JONES sworn.
I am a serjeant in the Guards, I have known the prisoner about fifteen or sixteen years; a very good character, a hard working lad, he was a plaisterer .
Court. Where has he been for the last three years? - In Lond on.
What all the time? - Yes.
Have you seen him often during that time? - Yes, several times every week, almost sometimes once a fortnight.
Who are you? - Serjeant Jones, I belong to the second regiment of the Guards. To the best of my knowledge he has not been out of London.
Has not he been two years at sea? - I do not remember he was.
Do not remember? - I cannot say whether he was or not, it was sometimes three weeks or a month when I saw him.
Then he could not have been for any length of time at sea, it cannot be true? - He might be at sea.
Might he? - I have seen him frequently.
So you that have seen him every week, or a fortnight for three years, cannot say whether he has been at sea two years during that time? - I cannot say he has.
The prisoner called two other witnesses, who gave him a good character.
GUILTY , ( Death .)
Tried by the first Middlesex Jury, before Mr. RECORDER.
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|Guilty > lesser offence; Guilty; Not Guilty
|Miscellaneous > fine; Imprisonment > hard labour; Imprisonment > hard labour
87. MARY CASEY was indicted for feloniously stealing on the 24th of December last, one leather trunk, value 10 s. two silk gowns, value 20 s. one linen gown, value 10 s. two cotton petticoats, value 6 s. one stuff petticoat, value 5 s. one muslin apron, value 12 d. two linen aprons, value 12 d. one gauze neck handkerchief, value 12 d, six shifts, value 6 s. one child's silk skirt value 1 s. one cotton skirt, value 6 d. one yard and a half of crimson stuff, value 6 d, one man's cloth coat, value 5 s. one silkThomas Kirby , in the dwelling-house of Patrick Murphy : And CATHERINE CASEY , wife of William Casey , and CATHERINE CASEY the younger , were indicted for receiving the same goods, chattles and monies, well knowing the same to be stolen .
I live in the house of Patrick Murphy , my landlord he lives next door, my husband is abroad, I have the ground floor, and other persons live up stairs. I believe they have their own goods.
Court. How do you take your lodgings? - Yearly.
Court. Give an account of this robbery? - On Christmas evening, I was in the market, and when I returned, I found the lock of my room door broke open.
Court. There is only one common outside door to the house? - That is all, my Lord.
What was missing out of your room? - All I had, they took every halfpenny worth.
What were those things? - They were my wearing apparel, they were in a leather trunk.
Court. Describe them (the thing described as in the indictment.)
What ground have you for charging the prisoner with this robbery. - Elizabeth Smith saw Poll Casey with the trunk on her head.
Court. What time did you leave the house? - About five in the morning, I returned between ten and eleven at night, I stand at Covent-Garden.
Did you know the prisoners before? - Yes, I know them by being in the market.
I know the prisoner, I know nothing of the robbery, I was coming home from my day's work on Christmas Eve; I saw the trunk on Mary Casey 's head, I did not know it was a robbery till the next morning.
How near was it to Catherine Kirby 's house. - I suppose about as far from the door is down to the bottom of the yard.
What hour was it? - Between eight and nine in the evening.
I took a silk gown on Christmas Eve, of Mary Casey , I lent her 5 s. on it, I am positive she is the woman, I knew her before.
(The gown produced and deposed to by the prosecutrix.)
RICHRD SWEET sworn.
Mary Casey , and the mother, and the youngest daughter brought these two gowns, two petticoats, a frock, and a cloak, and two pair of stockings, a table cloth, and two shirts. (These things produced and deposed to by the prosecutrix.) The things were brought at three different times, the first time about ten in the evening, and then the other two, about half an hour after each other.
Court. What sort of trunk was yours? - It was made of wood, but covered with leather; it was a lead colour.
Court to Smith. What sort of a box was it you saw the prisoner with? - I took it to be a trunk, I could but just see the glance of it on her head, I cannot be particular to the size of it, I do not know what it was made of, I think it was a hairy trunk, I never saw it before.
What size was it? - I do not know, it was a light coloured hair trunk.
I took the old woman, and searching her I found a guinea on her, and these cloaths
Court to Prosecutrix. You do not swear to that guinea? - No, my Lord.
PRISONER MARY CASEY 's DEFENCE.
I work very hard for what I have, my cloaths that he took from me I worked for very hard.
PRISONER CATHERINE CASEY 's DEFENCE.
Please you my Lord to grant me the favour of having my money which he took out of my pocket: I knew no more about it then the baby that sits in the womans arms that is out in the street.
PRISONER CATHERINE CASEY the younger's DEFENCE.
I have nothing to say. Macdonald the justice said he sent the little one down to trial, only to shew the court the nature of the case.
Court. How old is that child? - She will be ten years old the 29th of March.
Of stealing, but not in the dwelling-house .
To be fined one shilling , and confined to hard labour twelve months in the house of Correction .
CATHERINE CASEY the Elder, GUILTY , Of receiving.
To be fined one shilling, and confined to hard labour two years in the house of Correction .
CATHERINE CASEY the Younger, NOT GUILTY .
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|Guilty > lesser offence
|Miscellaneous > fine; Imprisonment > hard labour
88. MARY PILE was indicted for that she on the 27th of December last, about the hour of four in the night in the dwelling house of John Aldridge , one linen apron, value 5 s. five caps, value 40 s. one muslin handkerchief, value 3 s. the goods and chattles of Elizabeth Parrott , spinster; one metal watch, value 3 l. one steel chain, value 1 d. and 16 s. in monies numbered, the goods chattles and monies of Benjamin Blackman , did steal, take, and carry away; and afterwards about the hour of four in the night on the same day, with force and arms, the same dwelling house of the said John Aldridge , then and there feloniously did break to get out of the same against the statute .
I keep the Plow , Kensington Gravel-pits ; on Saturday morning 28th of December, the things were missed; the prisoner came on the night before between five and six in the evening, she came to lodge; she was in men's clothes then, as she is now; she had laid there about a fortnight or three weeks back; she said she was going to Oxford; I lost nothing: she robbed a waggoner , whose name is Benjamin Blackman , of his watch and sixteen shillings; and the servant girls clothes, to the tune of 5 or 6 l. worth: my servant maid called me up next morning about five o'clock, and asked me if I knew the name of the person that lay along with Ben. the waggoner, for he had been robbed of his watch and money; I dressed myself and pursued her.
Court. What situation was your house in when you got up? - The fore door was open, one of the waggoners got up first, his name is John Parker , he is not here; and the waggoner who went to bed to the prisoner locked the dining room door; I went as far as Welwyn after the prisoner; she was taken the Sunday following in Parker's-lane, by one of the runners: the prisoner supped at my house that night, and read the news-paper, and had some rum and water.
I am a waggoner; I came to Mr. Alridge's
Court. Are you sure that you locked the door? - Yes, and I left the key in the lock.
Court. Were any of your things found on the prisoner when she was taken? - No, not that I know of; I have never heard of my property again.
I am servant to Mr. Aldridge; I lost three caps, one muslin apron, one handkerchief, and three more handkerchiefs; these things were in the dining room, shut up in a chest; I lighted the prisoner to bed, which was in the dining room.
Court. What is the value of these things? - I cannot justly say.
What were these things in? - They were in two band boxes.
When did you miss these things? - I missed them in the morning between eight and nine.
Were any of these things found on the prisoner when she was taken? - No, my Lord.
You never heard of them? - No.
PRISONER's DEFENCE.
I know nothing of the house, I never was there in my life; they swore to me in brown cloaths; I came up but on Saturday from home from my friends, I ran away, and they took me with some more women; I have no other cloaths but these that were my brother's: and that person that stands there now, said, he knew nothing of my face at the Justices, but now I suppose he is come to swear against me. I have no witnesses, I have nobody but God and myself, I hope he will help me through it, notwithstanding all the false swearing in the world, I hope none of it will hurt me.
Of stealing, but Not Guilty of the burglary.
To be fined 1 s. and confined to hard labour twelve months in the House of Correction .
|Reference Number
|Guilty; Guilty
|Miscellaneous > fine; Imprisonment > hard labour; Miscellaneous > fine; Imprisonment > hard labour
89. EDMUND SHARP was indicted for feloniously stealing, on the 14th of December last, four trusses of hay, value 6 s. the goods of Thomas Allowley and JOHN LEO was indicted for receiving the same, knowing them to be stolen .
The prisoner Sharp was my servant , he used to go out with a team, and take hay and corn with him to bait the horses; I lost some hay about the 14th of December, two trusses were lost in one week, and the next, the week following the prisoner has owned to the whole of it himself.
Court. You lost the hay by one truss at a time? - So he says, my Lord, he may have taken forty trusses, he says he sold only four trusses.
Prisoner's Counsel. You have spoke of the prisoner Sharp's confession? - Yes.
How was that confession obtained? - He confessed that he sold this particular hay on these nights.
What was said to him to induce him to make this confession? - I do not know.
Was not he threatned to be sent for a soldier? - Not in my hearing.
Was you present when he made the first confession? - No, the first confession was in the watch-house.
Court. What is the value of a truss of hay? - About twenty-pence.
I am superintendant over the Newington Green roads, the patrole; on the third of December, there was a truss of hay left in the watch-box by the prisoner Sharp, and there was another truss left on the 5th, another on the 7th, and another on the 10th.
Court. What purpose were they left for? - They were left for the prisoner Leo, who is one of the horse patrole men .
Prisoner's Counsel. You are an accomplice are not you? - An accomplice, Sir!
Court. Do you know that they were left? - No, Sir, I saw the prisoner Leo pay the waggoner for one of the trusses; he said he left them in the morning about two o'clock.
Court. Who was present when they were left? - Nobody that I know of, the prisoner Leo had the key of the box, and he left it under the box at two o'clock, and Sharp took the key out from under the box, and put in the trusses of hay, that he confessed himself, I went up when Leo was paying Sharp for the hay; he did not say it was for the hay, I cannot tell whether it was sixpence or one shilling that he gave him, but the man says a shilling; I heard Sharp mention it before the justice, I saw the hay there every night, but I did not know where it came from, till the last truss, then I heard it was Mr. Allowley's waggoner; Sharp confessed he had taken the hay, and sold it to Leo, and that he gave him 6 d. for the first truss, and one shilling for the last.
Court. Did he say whose hay this was? - He said it was his master's Mr. Allowley's.
Prisoner's Counsel. - You was saying something about some hay that you saw? - I saw it, I saw four trusses at separate times whole trusses in the watch-box one night; then John Leo took it out when he went home at night, and carried it home with him.
When did you see the first truss of hay? - The third of last month in the watch-box between six and seven in the evening, I did not see how it came these, the prisoner Leo took it away, I saw him:
When was it that Leo, and you quarreled together? - We never had any quarrel, only when I went on the road at first, he told some of the commissioners, that I was afraid to ride on the road.
And had not you a quarrel on that account? - I told him I was not afraid to ride on the road, nor to face him, or a better man.
You stripped to fight, did not you? - No, Sir, I told him I would meet him the next day, at eleven o'clock.
Then there was ill-blood between you? - No.
Then you go to fight with people without ill-blood? - I do not like to be robbed, nor to see people robbed.
I believe Leo has lived in that neighbourhood a long time? - I do not know any thing of him, I never saw him before he came on the road.
So you would have the jury believe that he having spoken of you as not doing your duty, he should let you see this hay there, in order that you might come to be an evidence against him? - This was two months before.
I heard Sharp, Mr. Allowley's Carter confess to his stealing Mr. Allowley's hay, and leaving it in the watch-box, and he said that Leo gave him sixpence for the first trust, but I did not hear him say what he gave him for the rest.
Prisoner's Counsel. Was you present when the first confession was made? - The only confession that I heard was before the justice.
I believe you are an inhabitant of Islington? - Yes, Sir.
Lived there a good many years? - I was born there.
The prisoner Leo lived there? - He worked there.
Was pretty well respected as an honest man? - Very well before this.
So well that he was appointed to the patrole? - So I have heard.
And has been instrumental too in taking some people I believe? - So I have heard, that he took Thompson.
Prisoner Sharp. I have no witnesses.
Prisoner Leo. I leave it to my Counsel.
The prisoner Leo called nine witnesses, who all gave him a very good character.
To be fined 1 s. and confined to hard labour for six months in the house of correction .
To be fined 1 s. and confined to hard labour two years in the house of correction .
Tried by the first Middlesex Jury before Mr. JUSTICE ASHURST.
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|Not Guilty
90. FRANCES BIGGS was indicted for burglariously breaking, and entering the dwelling house of Farrel Mackone , on the 21st of November at the hour of eight in the night and feloniously stealing nine cloath coats value 3 l. one surtout coat value 14 s. 3 pair of shalloon waistcoat sleeves, value 9 s. the property of the said Farrel, and one tambour waistcoat, value 10 s. the property of Miles Dignam .
I live in Rosemary lane, in the Parish of St. Botolph, Aldgate , in Middlesex, on the 21st of November, I went out about a quarter after seven. I left nobody in the house, I locked the door, and returning for a waistcoat that I wanted, I found I was robbed of coats and waistcoats, and the door was wide open; it appeared to have been opened by false keys or pick lock keys, it did not appear to be broke; I lost nine close coats one surtout coat, two waistcoats thirty one pair of sleeves; I do not keep a shop, I buy for dealers that come out of the country, I lost nothing else; I went among the pawn brokers to seek for my things; the prisoner having no means to dispose of the things, sent to me on the 23d, and asked me if I was robbed, I said yes, I told her what kind of goods I had lost, says she make yourself very easy for I have got them all, I was very glad to hear it, she said I have lent 15 s. 6 d. on them, and as you have been at the expence of printing the bills, I shall forgive you the rest upon letting me have half a guinea; I did not contradict her, though I had had no bills printed.
Court. What was the value of the whole things? - Four pound I put my hand in my pocket, and I gave her half a guinea, in the course of five or six minutes I was very uneasy to see the goods, then she called in a man and gave him a key out of her pocket, and told him to go and fetch them, in a little time the man came back, and brought no goods; he said your daughter said I suppose you made my mother drunk and stole the key from her, and that you mean to hang us all; the prisoner and me then went for the goods ourselves, she desired me to come with her and she would produce them; she told me to stop at the sign of the King of Prussia, in Salt Petre Bank, and she would bring me the goods presently; I waited, and in a very little time I was very uneasy, I thought I had lost both the half guinea and the goods; but in a few minutes the goods were brought on a man's back tied up in a patchwork counterpane; the prisoner was with him, I then missed part of my property which were not there, there were two coats missing,
Court. You went home and left her? - Yes, when I came next day she told me, if I was to come so often she never could produce either the thieves or the goods, for my coming so often kept them away, and would raise a suspicion; when I went afterwards, she said sessions was coming on; and as I had compounded felony with her, if she went to bloody Newgate, I should go with her. I went to Whitechapel court, and gave information, the man that was with her was very rude and stripped to fight; we took her to the justice, and she produced a couple of girls, which she said brought her the goods to sell; but as she could produce no witnesses, she was fully committed, the justice would not admit her as evidence against them.
PRISONER's DEFENCE.
On the same night this man lost his goods, the goods were brought to my place to be sold; I buy and sell old cloaths as well as he: There were eight coats and two waistcoats, the people asked me a guinea and half for the goods, I looked at them, and thought they were too cheap; I stopped the goods, and would not part with them; my daughter lay in on Friday, I could not come out, on the Saturday morning, I was going to advertise them, and I called into the Blue Boar, and there I heard Mr. Clark say to one Jerry Leary that is a dealer in the lane, has Farrel Mackone heard of his goods; I asked if he had lost any, they said, yes; I went to the Rosemary Branch; and the master said it was so; I said I believe I have them says I, God forbid I should keep them, I sent for him, and asked him if he had been robbed, he said he missed eight or ten coats and two waistcoats, and some livery sleeves; I said, as for the livery sleeves and a spotted coat I never saw, I saw eight coats and two waistcoats, and if you come with me you shall have them; he thanked me very much, and called for a quartern of shrub and paid for it; and he would give half a guinea for my goods, I gave him change out of a guinea in silver; he came on the Sunday, he treated me with a pint of beer, and a glass of rasberry: on the Wednesday after he came to me, he had two or three pots of beer, and always prayed to God to bless me for what I had done for him; he kept coming to me twice a week for three weeks; and then he took me up; and when he took me up, he said, if I would give him two guineas, for his spotted coat, and the sleeves, he world forgive me: I said I have no money, my witnesses are sick.
Court. Do you say that you was not taken up for three weeks afterwards? - Yes, my Lord.
Court to Prosecutor. Is that so, was you three weeks before you took her up? - I do not know how long it was.
I understood you said you took her up the next? - It was the next day that she produced the things.
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
91. JOHN KELLY was indicted for feloniously assaulting Edward Adamson on the King's highway, on the 8th of January instant, and putting him in fear and danger of his life, and taking from his person and against his will, a pair of copper shoe buckles plated with silver, value 6 d. one copper farthing, and a silver sixpence, his goods and monies .
EDWARD ADAMSON , a Negro, sworn.
I know the prisoner; I was robbed onHorse-ferry, Limehouse , I lost a six-pence, a farthing, and the buckles out of my shoes; the prisoner at the bar was the person that robbed me, I never saw him before, it was a grey light, there was a little glimmer of the moon, but in a cloud as it were.
Court. Can you be sure of the person of the man, never having seen him before? - I swore to the man before he was searched, before the buckles my property were found upon him.
In what way did he rob you? - I had been out a little while in the evening, and as I was returning home, just as I came by Mr. Turner's stable door, one man passed me and stopped, I then suspected my danger, seeing this man and another appear at the same time, there were three men in the whole; I was going to pass them, they offered to give me the wall; I saw the prisoner jog the other man with his elbow just as he was a-breast of me, and the other man jumped behind me, and this man before me, each of them put a knife to my neck, saying, you bugger if you speak a word, your head is off that minute; I told them, says I, gentlemen I will not; with that, this man asked me what money I had, I told him I had but one six-pence, and one crooked farthing, he asked me where it was, I went to put my hand into my pocket to take it out for him, and he pushed my hand away and took it himself; then he spoke another word that I really did not understand then, but I soon understood that it was to see if I had a watch; I told him, the 31st of July last I lost a watch, and I had never a one; he asked me what I had got here: I had a pair of buck skin breeches with leather strings; then he went down to my shoes, and says, what are these? I said they are a pair of plate, in my fright that I was in; says the prisoner that is what we want, I recovered myself from my fright, and says I, gentlemen they are only plated; nevertheless he took them out of my shoes; then he arose from my feet, and clapped his knife to my neck; the other man every now and then jogging his hand to appear to be in earnest: after that says the prisoner at the bar, now says he if you do not swear by the bible, that you will not speak a word about it for half an hour, I will cut your head off now; I said I would not; the other man said to him give him the six-pence, he said he would not: after the prisoner with drew the knife from my neck, the other man kept his knife to my neck till I was obliged to make the same promise upon the same oath; then he turned about to go both together towards the man that stood alone while they were plundering of me; I let them go a little way, till I thought I had room enough to retreat in case of a second attack; I then cried out, Stop thief! a gentleman and a little lad coming along at the same time, I said, Sir, I have been robbed by them rascals that passed by this minute, and if you will go along with me I do not doubt but I will take one of them yet; the gentleman promised he would, we both turned back together; the prisoner and the other were then gone partly out of sight, the other man stood his ground, I came up to him; I had a good solid cane in my hand, and I began to be-labour him; the gentleman retreated with all possible speed as soon as he saw I had began to engage him; missing the gentleman, I followed him as quick as possible, fearing the return of the other men, and I ran away towards the corner; the man that I belaboured, followed me saying he would have satisfaction, I told him I was going to justice Sherwood's, and there I would give him what satisfaction he demanded, but that I expected before I went there to take one of the other men along with me, I set off with all speed, running round the narrow street, I met this man coming towards the end of the street, as soon as I met him, I looked at him very stedfastly, and he at me, as soon as I found I was right in the man, a took a step or two back, being determined
I am a Bricklayer by trade; I was set watch over a common sewer that was open at Ratcliffe-cross, I heard the cry of, Stop thief! I saw nobody but the prisoner upon the full run, I catched him by the collar; he had this stick in his hand, and was going to knock me down: it was that gentleman there. (Pointing to the prisoner.)
I searched him, and I found this knife in his waistcoat pocket (a clasp knife produced,) and his protection, he told the justice he was running to make his escape from the press-gang; I searched him again, he said he would pull off his shirt, and under his left arm next his skin, I found one of the buckles.
(The buckle produced and deposed to by the prosecutor.)
Court to Prosecutor. What do you know the buckle by particularly? - I was coming up a pair of stairs and was like to slip, and I almost straightened it, I laid it on a heater and tried to bend it, and broke that piece out of the chape.
Prisoner to Heaton. In what situation was I when you took me? - He was running very hard, and there was no other creature in the street.
PRISONER's DEFENCE.
It was a dark night, I was coming from Limehouse; it rained very hard, and I had my coat buttoned about me, and that buckle was in my surtoot pocket, and walking smart it hit against my knee, and I put it into my bosom.
GUILTY , ( Death .)
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Guilty > lesser offence
|Miscellaneous > fine; Imprisonment > house of correction
92. JOHN MOORE was indicted for feloniously stealing on the 9th of December last, one lump of sugar containing twenty-three pounds and an half, value 18 s. the goods of Thomas Adams , privily in his shop .
I know the prisoner; I live in Lamb-street, Spitalfields , I keep a grocer's shop: about the 9th of December the prisoner came into my shop and took out a lump of sugar, I did not see him, another witness saw him go out with it; he came into the shop slyly, and went out again, he asked for nothing.
Court. What is the value of the sugar? - 18 s.
Who took him? - A person stopped him that is not here; he dropped the sugar down in the street, and the witness that saw him go out with it, picked it up.
I was going into Mr. Adams's shop, and the prisoner was standing at my left hand, and he whipped up the sugar and ran away with it.
Court. Did he see that your eyes were upon him? - Yes, I believe he did, I asked him what he had there; he dropped the sugar and run, and cried out, Stop thief! I did not take him; I am sure of the boy , I never saw him before; I saw him directly after.
PRISONER's DEFENCE.
I heard an out cry, and a boy run past me, and a gentleman came and laid hold of
Court. What age are you? - Going on thirteen.
GUILTY, Of stealing but not privately .
To be fined 1 s. and confined six months in the house of Correction .
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Miscellaneous > fine; Imprisonment > hard labour
93. ANN HOLT was indicted for feloniously stealing on the 25th of November last, a wooden box, value 6 d. three stuff petticoats, value 15 s. a flannel petticoat, value 12 d. a pair of green cuffs, value 6 d. seven muslin handkerchiefs, value 1 s. 6 d. one silk handkerchief, value 1 s. three silk ribbons, value 6 d. one pair of laced robins, value 6 d. one other pair of laced robins, value 3 d. and one scarlet cloak, value 1 s. 6 d. the goods of Mary Shepherd , spinster .
On the 25th of November last I lost the things mentioned in the indictment.
What is the value of those things as near as you can guess? - I do not know.
Court. Were they worth a guinea or two guineas in the whole? - A guinea.
Where were those things? - In my father's house, in Wells street, Hackney , the prisoner was seen go along with the box by the watchman.
The prisoner brought the box to the house where I live, and broke it open, and took the property out of the box, I saw her.
Court. Why did not you stop her? - I had no suspicion of any such thing.
Did not you think it suspicious, when you saw her break open the box? - No.
What did you suppose she was breaking open the box for? - She said she had lost the key.
You did not know whose box it was? - No, far from it.
Did she belong to the house? - They took her in out of charity, filled her belly and gave her shelter, the box was broke open in the house where I dwell, and I burnt the lid of it to light my fire, the remainder is in court.
I am watchman, the prisoner came past me, and said, her sister was just come to London, and she had got her box, and she was gone round the other way; so I went with her, knowing her to be a neighbour, I did not mistrust her.
I took the prisoner at Billinsgate; I accused her of the robbery, and she owned it to me, she said she was very sorry that she had done it.
Court. Did you make any promises to her to induce her to confess? - No, she confessed without, she said, she had pawned one of the petticoats for 5 s. in Kent-street; I fetched it away, it is here, I went to the lodging house, where she had broke the box open, there I took the box, and the woman shewed me to the pawnbroker's where the other petticoat was.
(The box and two petticoats produced and deposed to.)
PRISONER's DEFENCE.
They took me home, my father did to his house, we was very much in liuqor drinking, I took my shoes off my feet for more liquor, I offered to pay whatever the
GUILTY , To be fined 1 s. and confined to hard labour six months in the house of correction .
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
94. FRANCIS SPARKES was indicted for feloniously stealing on the 16th of December last, two coach glasses, value 30 s. three chariot glasses, value 50 s. and a broken glass belonging to a chaise, value 5 s. the property of Charles Rainsford , Esquire .
I am servant to Mr. Rainsford; on the 15th of last month my master lost five old coach glasses, and a half one which was broke the day before, they were worth 15 s. a-piece, when I came to the stable in the morning, the coach house was broke open, and the frames left in the carriage, and the glasses taken out; the next morning I heard a man was taken up with some coach glasses in a green bag.
Court. Did you see the glasses in the watch-house? - No, not till they came to the Rotation office in Litchfield-street. (The glasses produced and deposed to.) The man was taken from the watch-house to the office in a coach, and the glasses too, I went with him.
Court. Can you swear to the glasses! - Only that they fit the frames.
Court. Look at them, and see whether you can take upon you to swear to them. - It is hard swearing to glass, but I believe them to be the same.
Did the prisoner say any thing before the justice? - He said, he had them of a man at the end of Welbeck-street to put them in frames for him, a man that was going into business.
Court. Are these glasses of any uncommon size? - No, my Lord.
Are they the exact number that your master lost? - Yes.
When was the prisoner taken up? - He was taken up about five in the morning, in Charlotte-street, near Portland-street, that is not far off.
Court. How many streets distance? - Just across Portland-place a little way.
I am a lamp-lighter; I took the prisoner in Charlotte Mews, about five, the clock had not struck; he was standing still, I was going to alter the lamp, and I said, what do you say, he said, I am calling my boy, I thought he was a chimney sweeper, he was coming out with these glasses and a great coat; I asked him what he had there, he said, it was some glass he was going to polish, says I, friend you must stop a little, it is our orders to stop any suspicious person, the same as a constable or watchman; he took the glass to the watch-house, and the account that he gave of it there was, that he had it from a man to polish; but he could not tell the man's name, nor the number of the house, nor any thing.
PRISONER's DEFENCE.
The person I received these glasses of came to my house the day before I was taken into custody, he asked me to make some frames, and to come between five and six for them, it was in Welbeck-street, at a public house where I had been before, he was was to meet me there; he met me about half an hour after five, as nigh as I can guess, he gave me the glasses in a green bag, he left me just as that man stopped me in the street, I was stopping to rest myself, I said, I had some plate glasses, and was going to make some frames for them, I was taken to the watch-house; I could not find the man that gave them to me, he said he would come to my house as soon as I was there.
Court. Is Charlotte Mews in the way? - Yes.
Is it a thoroughfare?
Prisoner. I was not in the Mews, I stopped at the corner, resting myself at a shop window; I have no witnesses.
Court to Curtis. Was he in the Mews? - He was as far as I am from you.
To be transported for seven years .
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Guilty; Not Guilty
100. RICHARD PHILLIMORE and DANIEL OAKLEY were indicted for that they, together with one Richard Jennings not in custody, on the 28th of December last, six weather sheep, value 6 l. the goods of Bright Heming , feloniously did steal, take and carry away , against the king's peace.
I live at Kilburn Wells; on the 28th of December I had information brought to me, that a covered cart had just passed through the turnpike gate loaded with some thing that it should not; I ordered my servant to saddle my horse, and take another horse for himself, and follow me without a saddle; he followed me immediately, I went out and overtook the cart about half a mile off, I kept a small distance before till I came to Padington turnpike, I called the turnpikeman out of the house, and desired him not to leave the gate as I had information against a cart; I then stopped the cart, and the prisoner Phillimore set on the front of the cart, I never saw him before; I insisted on seeing what was in the cart, I think he told me I might; I was attempting to get into the cart, and he jumped off the other side of the horse, and ran away, my servant pursued him and overtook him in about a minute, his name is William Wilks , he was out of my sight, I got into the cart, and under some straw I found half a dozen fine fat large sheep all alive, with their legs tied: I asked him what made him run away from his cart, he said, the cart did not belong to him, I asked him where he had these sheep, he said, he did not know what the cart was loaded with, he said, he had been at Watford that day, and coming along the road, two men asked him to ride, and they got down and bid him go on to Padington, and they would meet him; I told him, I believed I was the person appointed to meet him at Padington I tied him, and put him into the cart with the sheep, and took care that he should not hurt them, I took him to the first stand of coaches, and took him to Bow street; and the next morning the prisoner voluntarily confessed placing the sheep in the cart himself, and impeached his accomplices.
Court. There was no threat or promises? - No my Lord; he said that one Compton, and William Jennings , and Daniel Oakley brought the sheep to him in the cart.
Then he did not say that he took the sheep himself? - He said the cart stood in the lane, and never was out of the track of the lane; and that Oakley, and Jennings, and Compton, brought the sheep to him, and he placed them in the cart and drove them away.
Did he tell how they came to bring them to him? - No, he did not.
You were present when he confessed this? - Yes.
He did not say he was with them when the sheep were taken? - No, he said he did not know what he was to do, till he came to such a place with the cart.
Did he say where he was to carry them? - No.
Prisoner's Counsel. This confession that you speak of, was on the Sunday morning before the justice? - Yes.
Sampson Wright asked him where he had the sheep, says he, Sir I will tell you every thing I know; that began the confession.
Then if I understand you rightly, he spoke of himself as an innocent person? - I cannot say that he spoke of himself so; he said they brought the sheep to him, and he placed them in the cart to drive them away.
Was there nothing at all to induce him? - No, it was intirely voluntary.
I am servant to Mr. Errington; when the cart was stopped it was about eight in the evening; I cannot remember the day, nor the month; we went down from Kilburne to Padington; when the cart was stopped, the prisoner Phillimore jumped out; my master had an information against this cart, and insisted on seeing what was in it, that man said he met it; he immediately jumped off the other side of the cart and ran away, my master bid me catch him, I brought him back, he ran about sixty yards, he was never out of my sight; when I laid hold of him, he asked me what I was going to do with him, I said, to take him back again to the cart; he gave but very little account of himself at that time; I was as close to the cart as I could be, when my master examined it; it stopped close to the gate, there is a lamp at the gate; there were six sheep all alive, with their legs tied in the cart covered with straw; we tied the man's hands and put him into the cart, and drove him to the justices on the Sunday morning.
Prisoner's Counsel. This happened between eight and nine at night? - Yes, nine.
A very dark night I think, was not it? - Yes.
You was on the near side of the cart, and the man jumped down from off the other side? - Yes.
Then you never saw who that man was, till you overtook a person and brought him back; how do you know that the man you overtook, was that man that jumped off? - He was, the man was never out of my sight.
You could not see through the cart? - I could see under the cart.
Court. But you could see that the person that ran away, was the same that you brought back again? - Yes.
On Sunday morning my man going round to see the sheep, came to me about twelve, and told me we had lost six sheep; I saw the sheep in the stable at Mr. Errington's, at Kilburn Wells, they were my sheep, I knew them by their marks.
Court. Did you yourself count over the number of sheep that you ought to have had in your field? - I did not.
Prisoner's Counsel. Then all that you know of this matter is, that the sheep that you saw had the same mark that your sheep had? - Certainly.
Many other people may have the same mark as well as you? - Yes they may, but they have not, every farmer has his own mark.
Then you could not have sworn to them to be your sheep? - Yes.
What, merely by the sheep? - Yes, and by the countenance of the sheep, and the colour of them.
That is another thing? - It is very clear that they were my sheep.
Prisoner's Counsel. I think you say of your own knowledge you did not know how many sheep you had? - It is impossible, if you doubt any thing ask my servant who did tell them.
I shall ask him likewise.
Court to Hemmings. You have no doubt they were your sheep? - None in the world.
Court to Errington. What did you do with the sheep? - I left the sheep locked up,
You are a shepherd? - Yes.
How long have you lived with Mr. Hemmings? - Twelve months.
Have you the care of his sheep? - Yes.
Do you recollect losing any of the sheep? - I missed six of them on a Sunday morning, I cannot tell the day of the month, nor the month.
What did you do in consequence of missing these sheep? - I missed six, out of sixty-two, I searched round the field; there are more sheep just by, I went to see there for them, I searched in the lanes, I saw the track of a cart into another man's ground, in and out again, the cart might have stood there for a couple of hours by the look of it, that was about 200 yards from my master's, the field belonged to one Mr. Millett.
Was there any track of a cart in your grounds? - No, there was the track of a horse, the cart came just by the gate; it was some distance by the seem of it, where they landed the sheep.
Where did you first see these sheep? - At Mr. Errington's, at Kilburn Wells, I saw the sheep when they were brought back again, I did not see them till I had sent to my master, I saw them after, I knew them by the marks, and by the countenance of the sheep.
Should you have known these sheep if you had seen them in any other place? - Yes, I should.
Can you swear they are your master's property? - I can.
How long have you looked after these sheep? - Ever since just the beginning of hay time.
Court. Was it the same day that you missed them, that you found them at Errington's? - Yes.
Prisoner's Counsel. You counted your sheep on the Sunday morning? - Yes.
How many did you count? - Sixty-two.
When you came to Kilburn Wells, did you say how many you had lost? - Six.
You say you know these sheep by the marks, and by the countenance? - Yes.
Do you mean to say that you know they are Dorsetshire sheep? - Yes, I know by the countenance they are Dorsetshire sheep, and by the mark, that they are my master's sheep.
On the Saturday morning that the sheep was stole out, Daniel Oakley came to my room in Portpool-lane, and he called me up about half past six, he said will you go and have any beer Tom, says I must have a pint with my breakfast, and I got up and went down to the Green Man, there was Phillimore and Jennings, the butcher and Oakley, and they asked me to drink, and I drank along with them, we had four or five pots or more, and Phillimore said to me, says he, Tom will you walk, says I, I do not care if I do; the butcher went home he did not go along with us, Phillimore and Oakley and I went round the fields and came to Padington, we went to to the Coach and Horses, and they got some victuals and drink; Phillimore came out of the house and said,
"Damn me says he, I will go into London and fetch a cart and horse, if you will go along with Oakley and take a walk and come back," said he would go to London and fetch a cart if we would go and steal some sheep, he left us, and just as we came up to the turnpike gate, we saw Phillimore and the butcher; the butcher was driving the cart, they took the horse to the watering trough at Padington, we went into the house and called for a quartern of gin, we drank it and Phillimore came in, and he had a glass of gin, he paid for it, we went out directly, the butcher drove the cart along the Harrow on the Hill road, Phillimore said, get up into the cart, and he drove it
Prisoner Phillimore. I leave it to my counsel.
The Prisoner Phillimore brought two witnesses, who gave him a good character.
Court to Jury. With respect to Oakley, I have not called on him to make any defence, there being no evidence against him, but that of Compton alone, who is the accomplice; there is no one circumstance proved by any witnesses except Compton, which connects Oakley at all with his business. The evidence of an accomplice alone, the wisdom and justice of the law will not permit to convict any man, an accomplice not being in contemplation of law, or of common sense, so deserving of credit, that for his sake the life of any person should be taken away; and therefore, though the law does not wholly reject such evidence, yet it takes a middle course, and will not suffer that to be the only evidence on which a man is to be convicted; but only to explain or connect circumstances which are left to the jury.
RICHARD PHILLIMORE , GUILTY , ( Death .)
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
101. DANIEL OAKLEY was again indicted for feloniously stealing on the 29th of December last, two hempen sacks, value 3 s. the goods of John Mason .
On Sunday the 29th of December last, I went to apprehend Oakley for sheep-stealing, and I seached his room, I found at the door near the landing place, there was there two sacks, he said they were picked up in a ditch going up to Hampstead; one of these sacks is marked Mason at full length, Shooter's-hill; the other is marked with two single letters on one side, and the other side Mason. The sacks deposed to by Mr. Mason.
Court to Mr. Mason. When were the sacks there? - They were there on the Tuesday.
I saw the sacks in the barn the night before, and the next morning they were gone, I missed the sacks the next morning.
Prisoner's Defence. I found the sacks.
GUILTY , Transported 7 Years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Miscellaneous > fine; Imprisonment > hard labour
106. SAMUEL LAMB was indicted for feloniously stealing on the 2d of January instant, one phaeton seat made of cloth and flocks, value 21 s. the property of Robert Thompson .
I am a coach-maker , I live in Long Acre and Drury-lane ; on the 2d of this month I lost a phaeton seat from my front shop in Drury-lane, it was made of fine cloth and stuffed with flocks; it was of about a guinea value.
Court. Why, was it new? - Yes, quite new: about three o'clock on the day I lost it, Justice Walker sent to me to know whether I had lost a seat; the prisoner at the bar was taken, my foreman looked round the shop and missed this seat; I went to the Justice's at six in the evening, and saw it was my property.
Court. How do you know it? - I know it by the cloth and the lace.
You can swear it was your seat? - Yes, I had it in my hand about twelve, and it was taken about two.
Who was it making for? - It was for a phaeton I had for my own use.
I am a labourer; I suspected this lad, I saw him about a quarter past two in Short's Gardens, Drury-lane, with the seat; I asked him where he was going to carry it, he said to his master in the Acre, I went after him, and I saw where he carried it, into one Crony's, and he offered it there for sale, but I did not hear any money bid for it.
Court. What was Crony? - He sells old rags and other things, he lives in Short's Gardens; I took him to my master, Mr. Mountain, he is a coach-master: the prisoner said he found it in Scotland yard on a dunghill.
(The seat produced and deposed to.)
PRISONER's DEFENCE.
I had it, and he took it away from me; he said, if I had any money he would let me go again; I have not a friend in the world, I am eighteen years of age, I am a
To be fined 1 s. and confined to hard labour six months in the house of correction .
Tried by the second Middlesex Jury before Mr. Justice WILLES.
|Reference Number
|Not Guilty
107. CATHERINE SPENCER, otherwise KEMP , with one SAMUEL WALLIS , not in custody, for feloniously and burglariously breaking and entering the dwelling-house of James Hammerton , at the hour of one in the night, on the 24th of December last, and burglariously stealing therein, one bushel of apples called golden pippins, value 8 s. one hempen sack, value 1 s. one pair of linen sheets, value 5 s. one cloth waistcoat, value 1 s. and one linen curtain, value 6 d. the property of the said James .
(The witnesses examined apart at the desire of the prisoner.)
I live in the Rope-walk, St. Mary le Bone , my house was broke open on Christmas eve, between twelve and one, we were out when the house was broke open, my wife left the house last, I lost the things mentioned in the indictment, I went to look for the watch, and they had got one Wallis with a bag, and I saw him in the round-house.
Court. But what have you to say against the prisoner? - I did not see her in company with the man, but other people have.
Mrs. HAMMERTON sworn.
I went out at two o'clock, and I locked up my house, and when I returned between twelve and one, my house was broke open, and my property all gone: I lost all the things that my husband had mentioned, I know nothing of the prisoner.
On the 24th of last December I had been out as assistant patrol belonging to Sir Sampson Wright, and coming down Tottenham-court road, near Chapel-street, I met a man with a sack on his back, about ten minutes after twelve, I was going home off duty; I asked what he had got, he said apples; I felt on them, and thought they were apples, onions, or potatoes, I asked him where he brought them from, he hesitated a little, and I ordered him to lay them down; he did so, and I collared him and called the watchman: then up came a woman, I think it was the prisoner, but I cannot be positive to her, she was in a great flurry, and she asked if I had seen a child go past without a hat, I said no, I suspected the woman belonged to the man; she went past, and the man called out, Sister! sister! she came back, and I let go the man, for fear I should have to encounter with them both, and he ran away: the watch was not come all this time, I called to him again to take care of the sack; I followed the man and retook him, and carried him to the watch-house.
I am a watchman; I went to the assistance of the patrol, who bid me take care of the sack, and the prisoner was just by, I am very clear it was this woman; she said watchman take care of the sack, whilst the man is running after my brother.
Court. What is become of the man? - He made his escape as I was informed.
I am serjeant of the watch; Wallis said at the watch-house, he should have had no thoughts of committing the robbery, if the prisoner had not persuaded him to it.
Court. Did the woman say any thing? - She did not acknowledge to it at all.
Court to Jury. There is no evidence against the prisoner: for the only evidence that in any degree affects her, is, that while the watch had hold of a man, this
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Guilty > theft under 40s
|Miscellaneous > fine; Imprisonment > house of correction
108. MARY WILLIAMS was indicted for feloniously stealing on the 5th of December last, two cotton petticoats, value 2 s. one linen shift, value 5 s. one pair of cotton pockets, value 6 d. one flannel petticoat, value 1 s. one cotton gown, value 6 s. one bombazeen gown and petticoat, value 10 s. one scarlet cardinal, value 5 s. one pair of linen sheets, value 5 s. one cotton bed quilt, value 2 s. one silk cloak, value 2 s. one silk teresa, value 2 s. one silk apron, value 2 s. one silk hat, value 1 s. the goods of Mary Hood , spinster , in her dwelling house .
I keep a cloaths shop in Monmouth-street ; I did not know the prisoner before; on the 5th of December, I lost all the things that are mentioned in the indictment, they were all my own wearing apparel, they were in a drawer in my bed chamber, on the first floor, I missed them between five and six in the evening, I was at home.
Court. How could any body get into your bed chamber? - I believe by a false key.
Does it communicate to the shop? - There is a passage from the street up to the stair case.
Was the room door locked? - I believe it was, I had the key in my pocket.
Was your drawers locked? - No.
How long ago had you seen those things? I cannot say.
What reason have you to suspect the prisoner? - I was sitting at work in the parlour between five and six, and I thought by the noise in the street, that the street door was left open, I told a little girl about nine years old, to look to see if it was open, and she said it was, and I bid her shut it; I heard a noise in the room over head, and I went up stairs, and I heard a bustle on the stairs like two or three people, but I believe there was only one; I had a light and the person had none; I saw the skirts of a woman, she went up two pair of stairs; I went to my room and saw the door on the jar, and I flung it open, and I saw the drawers open and the cloaths gone; I screamed out, and said I was robbed; and one Mrs. Mary Clarke came out of the two pair of stairs, and cried out, my God! here is a thief; I said I am robbed, hold her fast; I stood at my room door; Mrs. Clarke took hold of the woman, which was the prisoner at the bar, I saw her bring her down.
What things did you find on her? - Nothing at all; the cloaths were all flung on the three pair of stairs, they were loose; the prisoner said she wanted one Mrs. Platt, and knew nothing of the things, nor had been in my room.
Did such a person lodge up two pair of stairs? - No.
(The things produced and deposed to.)
Court to Prosecutrix. What are the things worth? - Thirty-nine shillings.
I live in the second floor; I was sitting in my room, and I heard a foot pass by, and some body tapped at my door, and said, Madam, are you within; that was the prisoner; I opened the door, and took the candle, and the prisoner passed me, and went to go down the stairs, and as I cast my eyes on the garret stairs, I saw the things mentioned in the indictment, on the garret stairs, and I cried out, my God! here is a thief; and I stepped down four or five stairs and laid hold of the prisoner; that moment I heard Mrs. Hood cry out, she was
Court. You did search her then? - We did, because the officer desired we would.
I live in the garret; I heard Mrs. Clarke come out of her room, and cry out, my God! who does these things belong to, here is a thief I am sure; I ran down stairs, the things were on the garret stairs, and I pushed them with my hand to go by, because I would not tread on them: the prisoner was searched, and five keys were found on her, the officer has the keys: when she was examined before the Justice, she said, that we had tore the apron off her sides; when she was taken, she said, the apron was not hers.
I was present when the prisoner was searched, I found nothing in her pockets; I desired two women to take her into another room, and to strip her; as they were stripping her, I heard some keys rattle; I found two keys on the floor, when I went into the room, and I began searching her, she had got her things off, and I perceived a key hanging in the bosom of her shift, which key unlocked Mrs. Hood's room door.
PRISONER's DEFENCE.
I have witness to prove that I lost the key of my own door, I had that made, and I had these keys about me, to try if they would open my door.
Court. How came you on this stair case at that time of night? - I wanted a person that lives but two doors off, one Mrs. Platt, she is boot closer; the woman's name was Clarke, and I understood it was Platt, which is alike in found; I have witnesses.
Court. Mrs. Hood and Mrs. Clarke.
Do either of you know such a person as Mrs. Platt? - No.
I am a master Locksmith in Leicester-street.
Do you keep an open shop? - Yes.
What is the prisoner? - She was a lodger in the house that I live in; she goes out at charing and washing , and sometimes works needle-work; I have known her about five or six months: About two months ago she came to me, and told me one Saturday, that she had lost the key of her room, and her landlord was very angry with her for losing it, and she desired me to make a key for her.
What might she pay for her lodging there? - I was informed she paid 3 s. a week, I made a key for her, (looks at the key) I believe this to be the key, I have made an hundred since I made this.
Have you tried that key to the lock? - She came to me and said she had got three or four keys, and none of them would do, and desired me to make another.
Court. It is a pity but this key had been tried by the lock of her room door.
What is her general character? - I never heard any thing particular about her.
I know the prisoner, she is a lodger of mine in the two pair of stairs backroom in the house that the last witness lives in; I know she lost the key of the room door, and got some keys to try to open it, and went to the locksmith's to have a key made; she bears a very good character and works very hard for her bread, a very industrious sober woman, I have known her twelve or fourteen years, she has lived in the neighbourhood all her life.
Was her pocket in the regular place or did it hang behind? It was hung behind.
That is not the regular place where women hang their pockets? - No.
I am a Painter and Glazier, I can only say what the last witness said.
Court. What is that? - That the prisoner bears a fair character, and lives in the neighbourhood.
How does she get her living? - Needlework in part.
What else? - She goes out to work.
How long has her husband been dead? Near two months.
What business did he follow? - He was a taylor.
Has she any children? - One girl.
How old? - Nine years old.
Court to Prisoner. Does she live with you.
Prisoner. She is with a gentlewoman that keeps her, and I do what I can.
Of stealing to the value of 39 s.
To be fined 1 s. and imprisoned 6 months in the house of correction .
Tried by the second Middlesex Jury before Mr. Justice WILLES.
|Reference Number
|Guilty > lesser offence
|Corporal > private whipping; Imprisonment > hard labour
110. ELIZABETH NATION was indicted for feloniously stealing on the 12th of December last, eight yards and an half of lawn, value 15 s. the goods of Benjamin Dixon , Marcus Dixon , and James Thornber , privily in their shop .
I keep a linen drapers shop at King Edward's Stairs, Wapping .
Who are your partners? - Benjamin Dixon , and Marcus Dixon .
You have no other partners? - No. On the 12th of December I lost a quantity of lawn; the prisoner at the bar was accused by one of our young men in the shop named Francis Jones : I was backwards when she came in, but was called in; she denied what the young man accused her of, and offered to be searched, and began pulling off her cloak and handkerchief, and opening her gown; and desired she might be taken into any room with a woman servant to be searched: as she protested so much innocence I thought the young man was mistaken; she seemed much agitated and desirous of knowing the name of the young man as he had accused her wrongfully that he might make her satisfaction: I asked her if she had it or not, she said she had not: I desired her to go about her business: she went away and crossed the way and stopped to speak to the woman that sold apples, and began telling her, as I imagined, how she was used in the shop: The young man then told me, that he was sure she had it, in consequence of that, I called our waterman that was in the back part of the shop that she had not seen, and sent him to watch her; he followed her from one publick house to another, and in the second he detected her offering the piece of lawn to sale, he brought her back to the shop with the lawn on her; the lawn is mine, it has my private mark on it; it cost about 15 s. there were 8 yards and half, I have not measured it.
(The lawn produced and deposed to.)
I am shopman to the last witness, the prisoner came to me on the 12th of December, and desired I would shew her some lawn for a cap, from 3 s. to 3 s. 6 d. she looked them over, and catched up one piece, which she asked me the price of, I told her 4 s. 10 d. a yard, accordingly she opened it out, and bid me 3 s. I said it was nothing like the money it cost; accordingly while she was beating me down, she took an opportunity of slipping a piece under her clothes.
How soon was it before you charged her with it? - I immediately called out to Samuel Reames the apprentice, desiring him to come and tell the lady the price, as I had been but a little while in the shop; I did that only through policy; as soon as ever he came, I wrote
"Mr. Reames she has got a parcel, I saw her take it:" he immediately went round to the other side of the counter and charged her with it; she began to be very abusive; I told her if she would quietly give it up no more should be said, she still persisted in denying it; then Mr. Reames called Mr. Thornber, she pulled off part of her clothes, and Mr. Thornber let her go: This is the lawn, there is eight yards and half.
I am waterman to Mr. Thornber, he desired me to follow the prisoner, I did so, and she went to the Sun, and then to the Ship; and there I saw her go in and sit down on the box; and she went backwards, and then she had the piece of lawn in her hand, and she pulled out the selvage.
I have two distressed children, and my husband was lost in the Royal George; I have lived in the best of families; I am innocent of the affair.
Of stealing but not privily .
To be privately whipped and confined to hard labour six months in the house of correction .
Tried by the second Middlesex Jury before Mr. Justice WILLES.
|Reference Number
|Not Guilty
112. PATRICK DUNCANON was indicted for feloniously stealing on the 24th of December last, one lump of refined sugar, weight 25 lb. value 20 s. the property of Benjamin Travers and Co.
On the 24th of December last, about seven in the evening, one of my servants, John Sherman , informed me, that one of my servant s was a thief, and if I would follow him into the warehouse he would give me ample proof; I went with him, and he shewed me a bag, with a lump of refined sugar concealed in it, behind a hogshead of sugar.
I was down at the servants necessary, up from which there are stairs to the warehouse, it is in the cellar under the mill; and I heard something fall, and as I came up, I saw the prisoner hiding himself behind the hogshead; he came out from between the hogsheads, and picked up some paper, and went down to the necessary; I went to see what he had put there, and I found a bag with a lump of sugar, and I left it there, and went to the compting-house and told my master.
How many servants has your master? - Seventeen or eighteen.
Do you remember a quarrel between you and the prisoner? - Yes.
When you first heard the noise, where was you? - I was about twelve feet lower.
Was it a little noise? - A little noise.
LEAR ANDERSON , a German, sworn.
An INTERPRETER sworn.
Where was you when you saw the prisoner carry the loaf up stairs? - In the hall, the place that goes to the kitchen.
Is that below the warehouse, or above? It is above.
Is the hall on the same side on the warehouse? - The hall is joining to the warehouse, sand I was in the hall myself.
Has that hall a view of the stairs leading up to the warehouse? - Yes.
Was the lump open or in a sack? - It was in a bag, I went directly and looked into the bag.
What became of the prisoner? - He went to the kitchen, which is on the same floor with the warehouse.
Where did you first see Sherman? - In the hall, he was not below stairs that I saw.
Then you did not see Sherman come up stairs at all? - No.
Nor he did not see the prisoner pick up some paper, and go down to the necessary? No.
I saw the prisoner in the lump room, where the fine sugar lays, twice, about seven in the evening, and there he put the lamp into a basket, and put it by the pully hole.
Prisoner's Council. Are they not all Germans in your masters house, but the prisoner at the bar? - All but the prisoner, and one more.
Had not you a quarrel with the prisoner as well as Sherman? - No.
Court to Prosecutor. Can you explain the situation of the warehouses yourself? - They are two different buildings, under distinct roofs; the sugar house, where the goods are deposited, is a compleat building of itself; the lump room is up one pair of stairs, the mill warehouse, is a building that adjoins; underneath the mill warehouse, there is a cellar where the mens necessary is: there was a lump of fine sugar in the bag, weighing about 25 lb. it was our sugar: I questioned the prisoner about it, and he denied knowing any thing of it.
Court. You would have done better after you had this hint, if you had waited to see whether the man carried this lump away.
The prisoner called two witnesses who gave him a good character.
Tried by the London Jury, before Mr. RECORDER.
|Reference Number
|Guilty > with recommendation
113. ANN DEAN (wife of John Dean ) was indicted for feloniously stealing on the 14th of December last, one piece of muslin, containing twenty yards, value 5 l. the property of William Capper , privily in his shop .
I was in the shop when the prisoner came in, it was a little before five, she asked to look at some printed linens, she went out without buying any; she staid about a quarter of an hour, she went out of the shop, and Mr. Capper's brother followed her.
What did he follow her for? - He suspected she had something with her.
Did you observe her take any thing? - No.
I observed as the prisoner went out of my brother's shop, something dragged after her from under her petticoat, I followed her into a publick-house a few doors off; I saw a piece of muslin partly under her cloak, and part of it was exposed; the muslin had been in the shop before: moving her cloak, I took it from her; she had a little child, which she said, dragged it out after it; when she went out she had the child in one hand, and bid it kiss the other hand, and say tah, which it did; so that it was impossible that the child could take it.
Court. Was the muslin on the same side that the child was, or on the other? -
Then it was not the child that was dragging it out? - No.
When did you see the muslin before? - I do not recollect when: twenty yards is a piece, it is valued at 5 l.
(The muslin deposed to by the Prosecutor, who saw it that afternoon.)
PRISONER's DEFENCE.
I went into the gentleman's shop, and asked him for a remnant of cotton to make my child a frock, and he had no remnants: the child was dragging the muslin across the shop; I have no witnesses.
GUILTY, ( Death .)
She was humbly recommended to mercy y the Jury .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|No Punishment > sentence respited; Miscellaneous > fine; Imprisonment > newgate
114. WILLIAM FOY and EDWARD WELLS were indicted for feloniously stealing on the 21st of December last, one worsted waistcoat, value 15 s. one one pair of corderoy breeches, value 15 s. the goods of William Ubley .
I am a woollen draper and salesman in Houndsditch , opposite Aldgate church; on the 21st of December I had been out, I returned between three and four, and saw the two prisoners at the bar in my shop; the prisoner Wells stood by the window, and the prisoner Foy was at the further end of the shop; Wells was towards the door, and was looking at a a waistcoat; my man was standing by Foy with a candle, I asked him what was the matter, he said Foy had been trying on these corderoy breeches, and had lost one of his shoes, I said it was a very extraordinary affair indeed; it seemed to me to be a deception: I told Foy if he would go and come again in half an hour, we would make further enquiry about his shoe; he said he was going to the Bell Alehouse, and would call as he came back.
Court. Did he go without his shoe? - I gave him an old slipper of mine, and he was to call again: at the end of the compter, where he stood to try on the breeches, there was a pile of goods, and some mourning, and other goods; about an hour and a half after he was gone, I went to take the suit of mourning home, and I found that the waistcoat and breeches had been drawn out: I said to my man, while this man has been amusing you to look for his shoe, he has stole this waistcoat and breeches; I sent him round to the pawnbrokers, and in the Minories; the same evening, we found the waistcoat and breeches were pawned by two men for 14 s. I gave the 14 s. and took them away as my property; I told the pawnbroker to send for me if the two men came again. On the 4th of this month, on Saturday in the evening, he sent me word the two men were in the shop that pawned the waistcoat and breeches, I went, and saw they were the same men that were in my shop when they were lost: I am sure of that now.
Court. Did the prisoners seem to have any knowledge of each other while they were in the shop? - I cannot say.
Did they go out together? - No, Wells went out first.
Did you charge them with it when you saw them at the pawnbrokers? - I charged the peace officer with them, and took them up, they did not say any thing: the waistcoat and breeches are in court; they have been in possession of the gentleman they were made for; he is not here, but I know they are the same, because they were all dirty, for the prisoner Foy shifted them into his pocket with his shoe.
Court. What do you know them by? - I know them because they are muddy.
Is not it common stuff? - Yes, there is a great deal of it made use of.
I was in the shop when the prisoners came in; Foy came in first, and Wells afterwards.
Did they appear to have any connection while they were in the shop? - No, none at all: between three and four on the 21st of December, the prisoner Foy came in, and asked me for a pair of corderoy breeches; the first pair did not fit, the second did; then Wells came in, and asked me for a waistcoat, I shewed him one; when Foy was putting on his own breeches, he made an excuse he had lost his shoe; I said, I thought that was extraordinary; so he said, he told me to get a candle, he said, he must have his shoe; I did not chuse to go for a candle, I called the maid; still he could not find his shoe; I asked him if he had not his shoe in his pocket, he said, no, and seemed very much affronted; he said, he was going to the Bell, and would call in half an hour: between four and five, we missed the things.
(The waistcoat and breeches deposed to by this witness, who said he knew them by being dirty.)
I am a pawnbroker; the waistcoat and breeches were brought to my shop by the two prisoners at the bar, on Saturday night the 21st of December, between five and six; the prisoners were together; Foy pawned them, the other was behind.
Prisoner Wells. Do not be too sure Sir, mind you are upon your oath. - I think it was the other prisoner, but I am not quite sure; he stood behind and it was rather dark; I think it was him, he stood behind in the dark; the shade of one man, makes the other not so plain to be seen at candle light.
What name were they pawned in? - William Jackson .
Should you know the things again if you saw them? - I took particular notice of the breeches when I delivered them, by a round spot of dirt; and the lining of the waistcoat is dirted, as having dropped, (looks at them,) here is a round spot; they are the same; I know the breeches more particularly than the waistcoat; I did not take such particular notice of the waistcoat: the same evening Mr. Ubley came and redeemed them: Foy said he had just bought them.
Prisoners Council. You expected to be here as a witness? - Yes.
And therefore put no mark on the things? Yes, there was the mark of mud.
You never saw any mud on breeches before? - Yes, but this is a particular round spot.
You are often a witness in courts of justice? - Not often.
Once in a sessions; you will know better then for the future. - I never wish to know what will effect the lives of men, more than the truth.
You did not know these men before? - No.
How long were they in the shop? - Not ten minutes; their were other people in the shop; if you have ever been in a pawnbroker's shop, there are little closets like.
No I never was. - Every man has his box, or it will hold two, I believe it would hold three.
It will not hold two in front, I suppose? One man in front, and a little side view behind.
Now, this business was not long with him? - Not a great while.
You looked at them, and saw they were new; how much were they worth? - I do not know how much they were worth.
Yes, you must? - I knew they were worth 14 s. I asked them their names, and where they lived.
Then the only opportunity you had of seeing these men, was in this little snug
Court to Ubley. Do you know the persons of both the prisoners? - I know they are the same men that were in the shop.
Had you any conversation with Wells, to make you take particular notice of him? He stood near the door, I did not speak to him.
Are you positive as to his person? are you positive they are the same two men? - I found these two men at the pawnbroker's, these are the same men that I saw there; I am sure Wells is the same man.
Court to Rookes. Do you know the person of Wells, in particular? - Yes, perfectly well.
Your attention was taken up with Foy? I had attention on both, as I was dealing with both.
Prisoner Wells's Council. Do you take notice so much of every man that comes to your shop, so as to swear to him again? - Yes.
What, do you mean to tell the jury that you take such particular notice of every man that comes into your shop? - I know the prisoners by their features.
Is there any thing remarkable in that man's features? - I know them to be the same persons that were in the shop.
How long had you conversation with them now? - They might be in the shop two minutes.
And never saw the men before? - Not to my knowledge.
And these two men never spoke to each other? - No.
Nor took the least notice? - No.
Who has told you to be positive now? No one has told me to be positive, I need not that caution.
There was nothing to fix your attention? Nothing particular.
Had he his hat on or what? - Both their hats on.
Hats taken off? - No.
Was it day-light? - Yes, Sir, it was daylight.
PRISONER FOY's DEFENCE.
I have been from Bath about five weeks, I have a wife and five small children.
The prisoner Wells called five witnesses who gave him a good character.
Sentence respited, being unable to be brought up through illness .
To be fined 6 s. 8 d. and imprisoned in Newgate six months .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty > theft under 40s
|Miscellaneous > fine; Imprisonment > hard labour
115. ANN BRIDGEN, (wife of James Bridgen ) otherwise Ann Fuller was indicted for feloniously stealing on the 3d of December last, four womens silk gowns, value 4 l. one cotton bed gown, value 10 s. ten yards of white flannel, value 10 s. three yards of sattin, value 3 s. and three pair of cotton stockings, value 2 s. the property of William Adeane , in his dwelling-house .
I am wife of William Adeane , the prisoner at the bar lived with me as a servant six weeks, I had a good character with her: I lost the things mentioned in the indictment from a drawer in the prisoner's room, which to the best of my knowledge was locked. [The prisoner fell into a fit, and continued in it some time after she recovered the witness went on] She got up before any of the family and went away, I had advanced her wages a fortnight after she came to me; I owed her only one shilling; she was usually first up in the morning, the other servant gets up about half an hour afterwards; she came down stairs, and found the street door open, and the window shut: I heard of part of the things
I sell fruit, the prisoner came to a publick house upon Mutton-hill, to enquire for a young woman about six o'clock the 21st of December, she had a bundle with her, the young woman was there, her name is Amey Walker, the prisoner untied a bundle of things, and took out a silk gown, and asked this young woman to go and pledge it for her, and Walker asked me to go and pledge it for her; I said if you will go with me I will go; we pawned it at Mr. Lowes, on Clerkenwell Green for 5 s. it was a striped silk.
(The gown produced and deposed to.)
I am apprentice to Mr. Lowe the pawnbroker, this gown was pawned at our shop, by Frances Rigby for 5 s.
Court. What was the gown worth? - It was worth rather more than that.
I am a coachmaker, I was going into the city last Monday with Mr. Davies; and on Mutton-hill we met the prisoner, and Mr. Davis said there is the servant that robbed Mrs. Adeane; and he said he would go for a constable if I would dodge her; he brought a constable and she was apprehended; after which we went to the houses and found the different things by her own direction; some were found on Clerkenwell Green, at Mr. Lowes; some in Leather-lane, and some in the Strand; and at the corner of Stonecutter-street, Fleet Market, there we found a variety of things.
(The gowns produced and deposedt to.)
PRISONER's DEFENCE.
I am not guilty of taking the things, my mistress has challenged me with, I have not any friends, I have been confined, I had nobody to send for them; my mistress promised me she would not hurt me.
Court to Prosecutrix. What is the value of these three silk gowns: - When she took them from me, I valued them at three guineas.
Court. Why the pawnbroker says one of them was not worth much more than 5 s. And five yards of flannel there was that was found.
Court. You seem very eager to have this prisoner capitally convicted, which you need not, there is no reward in this case: Can you swear to flannel? - Yes, my Lord, I can produce more of the same sort.
Court. Is there any private mark on it that you know it by? - No.
Court. Was there any promise made at the time when she told you where things were? - No, my Lord, none at all.
Court to Jury. Gentlemen, the subject matter of your consideration, is the three gowns, one of them is pawned for 5 s. There is no doubt at all about the guilt of this woman as a servant, she certainly betrayed her confidence: This indictment is is laid for stealing goods in a dwelling-house above the value of 40 s. Here are only three gowns proved; one of which was pawned for 5 s. and the pawnbroker says it was not worth much more; therefore I think you may reduce the value to 39 s.
GUILTY Of stealing to the value of 39 s.
Court. I always would punish servants who betray the confidence which is placed in them, therefore let the prisoner be fined 1 s. and confined to hard labour 18 months in the house of correction .
Tried by the second Middlesex Jury before Mr. Justice WILLES.
|Reference Number
|Corporal > private whipping; Imprisonment > hard labour
SARAH HOWES was indicted for feloniously stealing on the 9th of January instant, one pair of metal candlesticks plated with silver, value 20 s. the goods of Andrew Strahan , Esq .
On Thursday night last, between twelve and one, I was informed somebody had got into my house, and was gone up stairs, I went up two pair of stairs, and found the prisoner in custody of my man servant.
I am servant to Mr. Strahan, last Thursday I went for a coach at twelve o'clock, and as I was going out of the gate, I saw a woman at the gate, which I believe to be the prisoner; and when I came in with the coach, I was informed by the housekeeper, that there was a woman up stairs; I went up stairs along with William Smith , and found the prisoner up two pair of stairs, she was in the passage with the candlesticks on her; they were a pair of plated candlesticks, the property of Mr. Andrew Strahan , I never saw the prisoner before it was a little after twelve at night.
(The candlesticks produced and deposed to.)
Court. What is the value of these things? About 20 s.
PRISONER's DEFENCE.
There was a coach at the door, and the coachman told me to go up into the two pair of stairs, and there I should find this pair of candlesticks, and to bring them down.
To be privately whipped , and confined to hard labour 6 months in the house of correction .
Tried by the London Jury before Mr. Justice ASHURST.
|Reference Number
98. JOHN GARROD was indicted for feloniously stealing on the 9th of December last, one canvas bag, value 4 d. and 90 lb. weight of Pimento, value 4 l. the goods of William Purdy .
On Monday the 9th of December, between four and five in the evening, I saw the prisoner go up the gateway that leads to the dwelling-house belonging to Messrs. Gale and Stephenson; Mr. Purdy rents a warehouse there, and in about five minutes I saw the prisoner bring a bag of Pimento on his back from that place; I stopped him at the gateway a little beyond the bottom of the gateway; and asked him what he had got there; he dropped the bag of Pimento, and plunged me down with his arm, and ran away: I immediately got up and pursued him, and cried out, Stop thief! one John Sexton stopped him at the bottom of Love-lane near Billingsgate; I never lost sight of him.
What became of the bag? - It was there when I brought him back, and we took it to Mr. Purdy's house, it contained Pimento near 100 lb. weight.
Was there any mark on the bag? - I. M. in one, that is the mark that is on the bag, I knew the bag before perfectly well; it was Mr. Purdy's bag, I have no doubt of it; it had been in the warehouse, we looked it out and others, for the inspection of some coopers, it lay under shelter in the yard before the warehouse.
Who was the bag delivered to when it was taken to Mr. Purdy's? - It was put into the house, and a Mr. John Harris , took it before my Lord Mayor, I believe.
Prisoner. If he did not loose sight of me, when I turned the corner? - No,
Prisoner. Must not he loose sight of me when it was dark, and he was down? - I got up directly, it was not dark.
Prisoner. When that other man took me, he was a great way behind me, he did
I stopped the prisoner, I was turning up Love-lane, I heard the cry of, Stop thief! I caught him at the top of the lane, and I waited at the end of the lane to see what was the matter; I saw the prisoner came running down the lane, and that gentleman the last witness after him, as hard as ever he could?
How long was it before Mr. Jacobs came up? - About a minute, we took him down towards Billingsgate, and turned down a lane, and I saw the bag lay in Little Tower-street; and the gentleman bid me hold him right; and we took him to Mr. Purdy's house, and there the bag was left.
Court to Mr. Purdy. Whose custody has the bag been in ever since? - It has been in my house ever since; I was not present when it was brought back.
Who shewed you the bag? - My lad Jacobs.
Court to Jacobs. Was the bag that you shewed Mr. Purdy that evening the same that the prisoner dropped? - Yes, my Lord.
Court to Purdy. Is the bag produced in Court, the bag which you lost? - It is.
You have no doubt? - Not the least doubt in the world.
PRISONER's DEFENCE.
I had been at work on the keys all day, and as I was going home, (I quarter at Islington) I asked Mr. Jacobs if they wanted any body to work the next day, he replied no, they did not; it immediately came into my mind that I had an errand to do for cut of my comrades, and ran as fast as I could: while I was running, he cried out, Stop thief! that man stopped me, and hauled me back again to Mr. Purdy's; I never saw the bag, nor know any thing at all about it; I have no witnesses, I am a soldier , I know no use of the Pimento.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > public whipping; Imprisonment > hard labour
99. RICHARD COURT was indicted for feloniously stealing on the 6th of December last, one wicker hamper, value 6 d. two linen cloths value 6 d. a quantity of pork value 3 s. and a peck of apples, value 1 s. the property of John Smith .
I am waggoner of the Hatfield waggon, I lost a hamper which was brought up by the waggon from Berkhamstead, to the Bell Inn Holborn , and left there; when the porter went to look for it, it was lost.
Do you remember who it was directed to? I do not.
Where did you leave it at the Bell? - In the yard, it was unloaded from the waggon I was not with the waggon that journey I only gave it to the waggoner in the country.
Court. How do you know you loaded that hamper in the waggon, as you do not know who it was directed to; was there only one hamper? - No, my Lord, and I put it in the waggon myself.
Court. How come you to recollect so particularly that there was only one hamper? - Because I loaded it myself.
Are you the owner of the waggon? Yes.
What is your man's name? - Robert Crane .
Did you come up with Smith's waggon from Berkhampstead? - Yes.
Did you lose any thing from the waggon that day? - Yes, that hamper that stands there was lost out of the inn yard; I saw it loaded on the waggon, and delivered it to the porter there out of the waggon, and he carried it up into the inn yard, his name is Joseph Williams .
Did you bring up but one hamper? - No, Sir.
Do you know who it was directed to? Mr. Yarrol, Duke Street.
Did you see that direction on it when you was in the waggon? - Yes, Sir, and when I delivered it out.
You do not know what became of it afterward? - No.
I am the porter at the Bell Inn Holborn.
Do you remember the last witness Crane delivering a hamper to you on the 6th of December? - Yes.
Who was it directed to? - Mr. Yarrol, Duke Street, St. James's.
What became of it? - I put it under the shed in the yard where we always put the things out of the waggon.
What became of it afterward? - I missed it about two hours after.
On the 6th of December, about seven or a quarter after I met the prisoner in Turnmil Street with a hamper on his back, I asked him what he had there, he told me, what was that to me, it was Pork; I asked him where he got it, he said from the Borough; I said I thought he could not bring such a load as that from the Borough, I saw this direction upon it, I took the man into custody, and carried him before a magistrate; I opened the hamper to see the contents, and found a letter in it, the magistrate ordered me to go to this Mr. Yarrol's to see whether they had any property to come to town.
What became of the hamper itself at that time? - I have it in my custody.
Ever since these letters, were in the hamper and this direction upon it, (The letter and the direction handed up to the court) what account did the prisoner give of himself? - He said he had brought it from the Borough, that a man had given it to him.
PRISONER's DEFENCE.
I know nothing at all of the hamper, a man asked me to carry it for him, and said he would satisfy me for my trouble I was only come up from Gravesend on the Thursday night.
Court to Crana. Do you know the direction that was on that hamper, if you see it? - Yes.
Look at it? - This is the direction that was on it.
Do you know whose writing it is? - No.
You can read writing? - Yes.
Court to Isaacs. Is that the same direction you took off the hamper? - Yes; the Pork was ordered to be restored to the party, being a perishable commodity.
Prisoner. I have no witnesses.
To be publickly whipped and confined to hard labour for 6 months in the house of correction .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty; Guilty
|Miscellaneous > fine; Imprisonment > house of correction
100. ELIZABETH SHIPLEY and SARAH PEARCE were indicted for feloniously stealing on the 22d of December last, one flock and feather bed, value 10 s. one bolster, value 2 s. one blanket, value 2 s. one rug, value 2 s. one tin boiler, value 1 s. one iron candlestick, value 6 d. one earthenware tea pot, value 6 d. and one earthen dish, value 4 d. the property of Martin Murphy .
ANN MURPHY sworn.
I am wife of Martin Murphy : A house that we rent in a court, was broke open the Monday before Christmas day, and we lost the things mentioned in the indictment; the house was shut up, nobody lived in it at the time that the things were taken: they were little tenements that we rent, and we let them out by the week, and the people were gone out of it: about six o'clock the watchman came and said I was robbed, and the prisoner Shipley was with him, and she said, if I would not be angry, she would tell me where the things were, so I went with her, and she shewed me; and the watchman took custody of the things. (The things deposed to.) I told Shipley I thought she used me very ill; she said she did not think any harm in it.
Court. Did you promise her not to be angry with her? - No.
My husband lives in East Smithfield, at the sign of the Phoenix; these two prisoners came into our house a little before five in the morning, with a bundle, and called for a pint of purl; they said they had no money, and they would leave that tin boiler; I told them I did not think it was worth a pint of purl; the old woman said it was worth 6 d. the young woman said, you foolish bitch it is worth 18 d. then I put the boiler by: the young one had a bolster in her lap, and a quilt, and a blanket; she looked at the bolster, and did not know whether it was flocks or feathers; they said they would tie them up, and go and fetch some more things; they put them under the bench, and went out and fetched a bed; while they were gone, I told the watchman I thought they had stole the things, and desired him to watch where they went to; he followed them, but could not find them; soon after the young woman brought the bed on her back: the watchman took the prisoners in custody.
I am a watchman; I took the prisoners to Andrews's house; I stopped them in the street, by East Smithfield, at half after four; I saw this young woman (Pearce) with a great bundle in her apron, I asked her where she was going, and the old woman replied, would I give her a pinch of snuff, I told her I never took any; but the young woman said, if you know a publick house open, we will have a pint of purl, and I told there was one about two doors off; I thought the things looked so very mean in her apron, they were not worth stopping, and I should see in the house what they were; I took them to the Phoenix; the young woman said she would see what she had in her apron, she did not know; she thought she had but one blanket, and when she came to look, there were two; she then swore she would go and fetch her things, and sell them, for she would have no more goods of her own, she would have ready furnished lodgings; says I, if you have no better goods than these, they are not worth selling; she went and fetched the bed; she said there was a very good wainscot table, and a nest of drawers, and she could not get them out of the window; and the old woman swore she would break the lock: I went in pursuit of them, and met them with the bed; she dropped the bed down at the door before she got into the house, I desired her to take the bed out of the way, that I might come in; I went in with my fellow watchman, she asked for a pint of purl; I asked her to go and fetch the table, she said she would go no more, she was seen by a man in the neighbourhood, who she thought would tell the landlord; she said they were her own goods, and another time she said they belonged to a young man that was cast last sessions, and she was evidence against him: then we took the prisoners, and the goods to the watch-house; we insisted on Pearce's going with
Court. Did you make her any promise to induce her to go? - No, none at all: she shewed us a wrong place; then the prisoner Shipley went voluntarily, and shewed us the place; then we went back to the watch-house, and the old woman asked Pearce where she had the things, and she said about five yards off where she met her first: the first things, the old woman said the young woman had by herself, and the next things the old woman said, she went into the house and put out the bed to the young one; she said she thought they were Pearce's own things, and Bane said they belonged to her.
I saw the prisoners bringing in the first things, and they opened them in the publick house, and looked them all over, and they said they had some more to fetch; in a little time they went and fetched some more, then we thought they had not come honestly by them, and we took them to the watch-house.
Court to Dalton. Did the old woman say, in the presence of the young one, that the young one had the first things at the time she met her? - She asked her where she had them from, and the young one said, she had them five yards off where she met her first.
And the old woman said, the young one had the things in her apron when she met her? - Yes, the young one did not deny it.
(The things deposed to by the Prosecutrix.)
Court. What is the value of the things? About 18 s.
PRISONER PEARCE's DEFENCE.
I live at home with my father; I was out all night in the watch-house, I came out about five o'clock, and I met this old woman in Rosemary-lane, with the bed, and she asked me if I would help her; I was rather in liquor: we had a pint of purl on the tea kettle, and I did not know but it was the old woman's; I knew her two or three years ago; the things were not mine, if they had, I would not have given them house room: the prosecutrix said, if I would give her a crown, she would make it up, I said, I had not a crown, but I would make it up.
PRISONER SHIPLEY's DEFENCE.
I was in Bishop's gate watch-house; I met the other prisoner, and she asked me if I would lend her a hand with these things, as she took the place of the woman: I have had a little relief since I have been confined.
To be fined 1 s. and imprisoned twelve months in the house of Correction .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Miscellaneous > fine; Imprisonment > hard labour
117. ANN AGAR was indicted for feloniously stealing on the 7th of January instant, one mahogany table, value 10 s. the goods of William Blick .
- HOLMAN sworn.
I am servant to Mr. Blick, he lives in High Holborn, at the Bull and Gate Inn ; on the 7th of January, between the hours of eleven and twelve at night, he lost a mahogany table which was in a room just under the gateway, on the left hand side going in; as I was lighting a company up to bed, I saw this woman with this table, a double leaf table, a pretty large table, she carried it herself; it is worth 10 s. the prisoner asked me to give her a hand with the table, and I told her I would if she would let it drop,
I am the chambermaid at the Bull and Gate, I saw the woman in custody of the last witness, I was up stairs with my mistress, and I heard sombody coming up stairs, and the prisoner was up the stairs, I asked her what she wanted, she said she was waiting for a company that were up stairs; I told her to go down stairs and wait at the stairs foot; this was between eleven and twelve; I said I was afraid she was about no good, and desired she might not be parted with, and presently after I saw the prisoner in custody of the waiter, and the table by his side.
PRISONER's DEFENCE.
I was so much toxicated in liquor that I knew nothing of it, it is a common gateway; I have no witnesses, I have no room nor habitation to put the table in; I went into the yard to make water; at the warehouse I lost two duplicates and the shoes off my feet.
To be fined 1 s. and confined to hard labour six months in the house of correction .
Tried by the second Middlesex Jury before Mr. JUSTICE ASHURST.
|Reference Number
|Guilty > theft under 1s
|Corporal > private whipping
95. SARAH ALDRIGE was indicted for feloniously stealing on the 31st of October last two pint pewter pots, value 1 s. 6 s. the goods of Thomas Mitchell .
I keep the Red Lyon, Poppin's Court Fleet Street , I lost two pint pots, they were found on the prisoner.
(The Pots produced and deposed to.)
PRISONER's DEFENCE.
I have nothing to say.
GUILTY. 10 d.
To be privately whipped and discharged .
Tried by the London Jury before Mr. Justice ASHURST.
|Reference Number
|Guilty > theft under 5s; Not Guilty
|Corporal > private whipping; Imprisonment > hard labour
102. ANN SMITH , ELIZABETH WILSON , and ANN GILSON , were indicted for feloniously stealing on the 11th of January , six yards and half of muslin, value 6 s. the goods of William Gibson , privily in his shop .
My husband keeps a shop near the Seven Dials , on Friday last the 10th instant, in the afternoon, I cannot tell the hour; the prisoner Ann Smith came in, and asked to look at some Jaconet muslin.
Did she come in alone? - Yes, and the prisoner Wilson came in while she was in the shop, about five minutes after she came in for a silk and cotton handkerchief, then the prisoner Gilson came in, not many minutes after, they were all in the shop together, I shewed the prisoner Smith the muslin, and she cheapened a remnant, but bought none, Wilson bought a silk and cotton handkerchief at 2 s. 8 d. and Gilson bought one for 2 s. Gilson came in last, and went out first, she paid for her handkerchief and went away; then Wilson bought a handkerchief and went out some time after the prisoner Smith.
While they were in the shop did they converse together, or appear to know one another? - No, my Lord.
How long might Smith be in the shop? Half an hour, she sat down on a stool, she said she was in no hurry, as I was serving another gentlewoman, Gilson was in about ten minutes: I am positive that is she, the muslin is the same I shewed toAnn Smith , and it was never shewed afterwards, it was six yards and half, I am positive I had it when I shewed it to her, and never after, we did not miss it till the officer came to see if we would go to one justice Welche's, that was about eight in the evening.
You never saw it afterward Smith went out of the shop? - No.
Was it shewn to her before the other prisoner went out? - Yes the officer brought the muslin to our shop, then I recollected shewing her the muslin, I saw the muslin at the office; the officer had it in his possession, his name is Macdonald; all the three prisoners were at the office.
Had the muslin your shop mark? - Yes.
(Produces the Muslin.)
I followed the prisoner Smith and Wilson into a publick-house the Rose and Crown, St. Giles's, on Friday last, and Gilson stood at the door, in the street, I followed them into the house and I began to search the old woman, I mistrusted her, and the muslin dropped from the prisoner Smith.
Did you see it drop? - No, but I knew it could not drop from the other.
You cannot tell that you know.
They said they knew nothing at all about it I found a handkerchief upon the old woman, I found this handkerchief in her pocket, and the muslin was on the ground, the same minute while I was searching Wilson on the ground, then I sent another woman after Gilson, and I found her, and this handkerchief in her pocket, the muslin was just at Smith's heels, Gilson was never in the house, they all deny'd knowing any thing of the muslin.
From Prisoner Wilson. Did you take any property from me only these handkerchiefs? No.
From Prisoner Smith. Did you take any thing from me? - No.
From Prisoner Gilson. Mr. Macdonald, pray Sir did you hear me speak to these ladies? - No.
These three prisoners came into the shop separate; Smith came in and asked for some muslin; Mrs. Gibson shewed it her; Wilson asked for a handkerchief; Gilson came in last, and went out first; she bought a handkerchief.
Court. That is just what your mistress said.
On the 10th of this month, I saw Ann Smith come into Mrs. Gibson's; I belong to the shop; she asked to look at some muslin, she sat down, the muslin was not shewn her directly; I went out of the shop, and was called up again in about two minutes; the other two women were in the shop; I served the handkerchief to one of the women; that is all I know.
I only know the muslin is Mrs. Gibson's; I am shopman to Mr. Thwait, of whom Mrs. Gibson had the muslin.
Court to Mrs. Gibson. Look at that piece of muslin. - I know the muslin, I am sure of it, I am positive I had it in my hand, and shewed it to Ann Smith .
PRISONER SMITH's DEFENCE.
I went into the shop and asked for a bit of muslin, about 7 s. or 7 s. 6 d. a yard; she reached some down, and shewed it me, she asked 10 s. I said it was too high price; she then shewed me another which was 9 s. 6 d. I told her it was too high: I wanted half a yard of ell wide muslin, for two cauls of caps; she measured half a yard and two nails, I asked her the price, she said 3 s. 9 d. I offered her 3 s. 6 d. and she would not take
PRISONER WILSON's DEFENCE.
I came from Northampton on the Tuesday evening; I had an express sent me that my son was very ill, I got him into the hospital; on the Wednesday evening, coming along from the other end of the town, I went into this shop, and bought a silk and cotton handkerchief, they said they would go out and get me one at 2 s. 8 d. I bought one, and came out; I was going to the hospital where my son is now on Mr. Sainsbury's letter; I knew nothing of either of the prisoners at the bar, neither one or the other: I went into the publick house for a little refreshment, he pulled me away, and said, I was a suspicious woman.
Court. What is the value of this muslin? Thirty shillings.
GUILTY, Of stealing to the value of 4 s. 6 d.
To be privately whipped and confined to hard labour twelve months in the house of correction .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Corporal > private whipping; Imprisonment > hard labour
104. MARY WINDSOR was indicted for feloniously stealing on the 19th of December last, in the dwelling house of John Dowfoot , one pair of black velveret breeches, value 5 s. one pair of silver knee buckles, value 2 s. one silver stock buckle, value 2 s. one linen stock, value 3 d. the goods and chattles of the said John Dowfoot ; and one bank note purporting to be signed by J. Greenway; promising to pay to R. Drummond Esq; and Co. or bearer, the sum of 20 l. value 20 l. his property; the said sum of 20 l. payable and secured by the said bank note, being then due and unsatisfied .
On the 19th of December, I saw the prisoner standing in the passage, between eleven and twelve, standing up for shelter if she could; I had shut the street door, and the passage door was open; I imagined she wanted to go into the yard to hide herself from me, I asked her what she wanted, she said, she worked for Mr. Turner, I said, you jade you are come to rob my house, she said, no; I pulled up her cloak to see if she had any thing, and there was my husband's breeches, and his knee buckles, and the bank note under her arm; the bank note was in the breeches pocket, and the buckles in the knees; Mr. Dowfoot looked to see if the note was in the breeches pocket, and shewed it her; the prisoner begged for mercy.
The Fourth Part will be Published in a few Days.
|Reference Number
HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY, and S. BLADON.
Trials at Law, &c. taken with great Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.
N. B. SHORT-HAND taught on an improved Plan.
|Reference Number
Being the SECOND SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.
Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
Continuation of the Trial of Mary Windsor .
My wife opened the door that leads into the shop, with one hand, and had hold of that woman with the other; she said, here is a pretty jade for you; she said, do not you see she has stole your breeches; I looked then, and saw the breeches drop; then it struck me immediately about the bank note, which was sent to me just before I went to bed; I looked for the note, and pulled it out; I said, you jade you would have had a nice Christmas if you had got this: we took her to the Rotation office; then I missed my stock and stock buckle, which I found upon her.
Court. Is the note here? - Yes.
(The note produced.)
Prosecutor. I do no not imagine that she knew any thing of this note, being in my breeches pocket when she stole them.
Court. Do you know any thing of the woman? - I never saw her before.
What might the value of the other things be? - Under 10 s. I believe it is.
PRISONER's DEFENCE.
They never took them from me; I was going up the street, and I met a woman, she asked me where I was going, I said, up the street, she said, would I go with her; she said there was a servant maid owed her a little trifle of money, and I went down there with her; when she came out again, she came in a great hurry, says she, keep that stock and stock buckle, and stay till I return; I staid there about two minutes, and then this gentlewoman came out immediately: I am entirely a stranger in London.
GUILTY , Of stealing the goods, but Not Guilty of stealing the Bank note.
To be privately whipped , and confined to hard labour six months in the house of Correction .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
118. CHARLES BREAWOOD was indicted for feloniously stealing on the 21st of December last, four ounces and a halfPeter Bateman .
On the 21st of December last, a servant of mine came down and informed me I was wanted in my work-shop; my foreman acquainted me with his suspicions of the prisoner whom he had stopped; I sent for an officer, and ordered him to search him; I was present while he was searched; there were four ounces and a half of silver, in a state of working, not finished, nor unfinished.
Court. Was there any thing in this silver that enabled you to know it? - I knew none of it.
What is the prisoner? - His father worked with me three years, and he was apprentice to his father at that time.
How has he been employed lately? - He has a mother; his father died last December was a twelve month; I believe he has been in a gentleman's service since.
Was he working with any body at the business at that time? - Not that I know, I have no particular knowledge of the silver; I gave charge of the prisoner, he was taken before the sitting Magistrate and committed.
Prisoner's Council. You have known this boy some time? - Three years.
Did not he several times come to your house? - Yes.
He had a free intercourse? - Yes.
Did not he inform you that he was out of employment, and should be much obliged to you to get him into employment? - Yes.
Have not you at different times told him that you would exert your self in that way? No sir, I deny it; the boy came backwards and forwards: I employ near 40 men.
Whether this young man did not when you saw him, make application to you to get him into some honest employ? - Once I allow, I never gave my promise more than once.
Did not you understand when that boy came again, it was for that purpose? - No, sir.
- FULLER sworn.
I am foreman to Mr. Bateman, the prisoner came to me, the 20th of last month, between four and five, he brought a silver seal in his hand and applied to me to know if I had one by me that I could finish the while he staid about that size; having one by me of that size, I did it while he stopped, except the polishing which was not my business; I saw no more of him that evening after he was gone, as his unbecoming behaviour in the shop, caused a general suspicion.
Court. Let us know what that unbecoming behaviour was? - Such as putting his hands where they file their linnel and turning it about, which was taken notice of: he came again on the 21st, I asked him whether he had got his seal polished, he said no; the polisher was not in the way then, but he should get it done; I saw him advance towards the box where we keep sundry articles of silver, in an unfinished state, this box stands against a window, which gives light to the place where the pack up their working boxes for their country connections; I left the shop of work, and went into this packing place, and close to the window I stood and saw the prisoner put his hand in that box sundry times, and take it out again and put it into his pocket; I could not see what it was; the prisoner moved from the place, and bid the men of the shop good night; I went down stairs before the prisoner, and went to see for the prosecutor; but he was not in his compting house, I then asked the prisoner to go up again as Mr. Bateman, wanted to speak to him which he did; I sent for the prosecutor, and when he came up, he sent for a constable and searched him, there was found upon him four ounces and half of silver, which had been in that box.
I knew the working of the silver, the prisoner said, if the prosecutor would go into another room, he would speak with
Prisoner's Council. You have known the prisoner some time? - Yes.
He has had frequent access to this house backwards and forwards? - Yes.
And without any degree of suspicion? - Yes, Sir, for me.
Do you mean to intimate by that, that there was any suspicion in the house? - No, Sir, not that I know of.
On the 21st the seal was finished? - No, on the 20th.
Then down to the 20th or 21st, you never had any reason to suspect the prisoner's honesty? - No, sir.
You described a very extraordinary curiosity in looking over the different things in the shop? - Handling them.
Is that a curiosity very extraordinary? - Yes, Sir.
Do not you think the same curiosity would have fallen upon me, or any other man in this court that had come into your shop, to have taken things up, and to have looked at them? - I do not think it would; where there is a great quantity of silver laying about, it causes suspicion.
If any other man had done that, would it have given you a suspicion that he was a thief? - It might.
You spoke of a box that had some silver in it? - I suppose it might have a hundred ounces, or two hundred; it has had three before now.
In what state was that silver? - It is silver in an unfinished state, in all degrees, some forwarder than others.
Did not that box contain silver in your shop, in the same kind of state that all boxes would contain silver in another silversmith's shop? - It might, or it might not.
Then I should suppose if another silversmith's silver was examined in your box, it would be impossible for you to make a distinct severance? - No, Sir, every man would know his own silver.
Can you then swear to this silver? - Part of it I can.
Did you see the prisoner take any part of it yourself? - I saw him put his hand in this box, and take it out, and put it in his pocket; I could not discover what he had in his hand when he put it into his pocket.
Had you any suspicion when he put his hand into the box, and put it into his pocket, that he was doing what was wrong? Yes, Sir.
I am journeyman to Mr. Bateman; on the Saturday before Christmas I was at work, and was going to finish, but my shopmate said, count over your work; I missed a button; the bell was rung; I was ordered into the counting house.
Here is the silver that I took out of the prisoner's pocket, I have had it in my possession ever since.
(The silver produced and deposed to by the Prosecutor.)
Court to Fuller. Do you know the silver? - Upon my oath, Sir, I say these three pieces were in the box at the time he put his hand in.
What reason had you to take particular notice of this? - Two or three of them came under my hands that afternoon, and one of them under the hands of a lad that works under me.
Edward Terris . The button and the studs are my making, and Mr. Bateman's property.
What do you know them by? - I had not finished them before; there is my master's mark on them; and every man knows his own work.
What mark is that? - H. B.
On the 20th of December I wanted a seal, and came to Mr. Bateman's, and asked Fuller whether he had finished it; I carried it down to the polisher's and he was not at home; I said, I could not stay, I had to go into the country; I came for it the next day, and went to the Blue Anchor, and there were three of Mr. Bateman's men intoxicated; and I went over for this seal, and they charged me with having the silver in my pocket; how it came into my pocket I cannot tell.
What are you? - I am a weaver.
Have you had any opportunity to day, of being in company with any of the parties that have given testimony on this trial? - I have seen this gentleman, and this, and the constable; I have seen him several times; and I saw this man here take the silver out at the Pit's Head himself, and shew it to the rest of the company; and I saw this man take the buttons out of his pocket, and shew him; and he shewed it on the table at the Pit's Head; and the buttons were in another paper, though he swore that they never were out of his custody; I saw the man open the paper, and shut the paper; the constable was not in the room at the time; it was not the constable that shewed it; it was this here gentleman in the brown coat; I saw it myself, I will swear to the thing myself.
Court to Edward Wells . Is this true? - No, I have been appraized of this circumstance before I came into court, by a person that is now here; she told me, says she, Mr. Wells, it has been represented to me that you have opened the paper, I said, it was a falsity, nor this paper never has been one minute out of my possession; I kept this paper in my breeches pocket; and Fuller said, you will oblige me to let me look at it; I never quitted the table; I observed to Ferris, says I, keep your hands away, I will have nothing taken out, neither shall there be any opportunity of putting any thing in: I was not one minute away.
Court to Ferris. Was you present when these papers were opened? - Yes.
There was nothing put into the paper, not taken from it? - No, Sir.
The prisoner called four witnesses who gave him a good character.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
105. WILLIAM GODFREY was indicted for that he on the 22d day of October last, did falsely and feloniously make, forge and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and did willingly act and assist in falsely making, forging, and counterfeiting a certain paper writing, purporting to be a promissory note, for the payment of money ; and which said note is in the words and figures following; that is to say,
"No 16 16 0 London, Oct. 19, 1782.
Five weeks after date, I promise to pay to Mr. William Godfrey , or order, the sum of sixteen pounds sixteen shillings, value received, H. Robbins, Russell Court, Drury Lane;" with intent to defraud the said Henry Robbins against the statute.
A second count for uttering the same, with the like intention.
A third count for forging the said note, with intention to defraud James Johnson , the younger.
A forth count for uttering the same, with the like intention.
JAMES JOHNSON the younger sworn.
I live in New-street, Broad-street, CarnabyHenry Robbins , of Russell-court, Drury-lane; I knew nothing of Robbins at that time: I gave him sixteen guineas for the note, I kept the note some time in my possession, and on the 7th of November, I sent it down with some other money and notes to my bankers, Mr. Drummond's; subsequent to that, and previous to the note becoming due, the prisoner had applied to me for other money, which I lent him on other securities, and in the course of that business he asked me where the note lay, I did not tell him at first, for he said, that Mr. Robbins was a very good man, and generally sent to take up his notes as soon as they became due, if not before, in order to prevent trouble: this conversation was subsequent to my having sent the note to Drummond's, and previous to its becoming due; I told him it was a matter of no consequence where the note lay; but the second time I told him it lay at Drummond's; as the note was out of my hands, I did not take any particular notice when the note was due; but on the evening of the 26th of November the prisoner came to me, and requested me to let him have some more money on another note, he then had been in the publick house, which he had taken some few days, he had then had a good deal of money of me upon some notes, and upon a judgment; I told him, I could not let him have any more, he seemed very desirous and pressed me very much; he had had some beer of me to the amount of five or six pound, he would have paid that out of the note, if I would have given him the difference which I thought rather odd: I saw no more of him till he was taken up: the note is satisfied under the bond and judgment, so that I have no claim on the prisoner, nor on Mr. Robbins.
Court. Explain more particulary how the note is satisfied? - Nothing has been done but what is in the strict line of business; it was a bond for eighty pound, and the judgment was given for double the the penalty of the bond.
In what way did you conceive the note was satisfied? - The bond was given for one hundred and twenty pounds, it was the sum that he first had of me, but it was returned again; the lease was understood to be for fourteen years, when that agreement was made, and it was afterwards understood to be only for seven; there was a differance meant to be made (but only these things came so fast one upon another) declaring, that though the bond was for one hundred and twenty pound, yet there was only eighty pound lent.
Jury. Was that bond given prior to the note? - No, Sir, subsequent, I have not the least resentment or severity against the prisoner, very far from it; I stand here in a very disagreeable situation that my evidence should affect his life.
Court. When was the bond given? - Between the time of discounting the note and its becoming due.
Court. How much money was actually lent on the bond? - Eighty pound, exclusive
But what sum exclusive of these two notes was advanced on the credit of the bond? - Eighty pound, he had engaged to give one hundred and twenty pound for the lease, and that sum was at first meant to be advanced on the bond; it was actually lent, but it was returned again in a day or two; besides the eighty pounds lent on the bond, there were two notes one for twenty pound, and one for twenty-five pounds and some odd shillings.
Court. Upon failure in payment you took out an execution under this judgement? Yes.
What was levied under that execution? I do not exactly recollect the sum, my Lord, I was not prepared for that information, it will not be sufficent to pay every thing.
Will it cover the whole sum of one hundred and twenty pound? - Not with the expence and every thing.
Was it above one hundred pound? - Yes, my Lord.
The other two notes were not paid then? No, my Lord.
What became of the sixteen guinea note afterwards? - It was returned to me upon the day after it was due, the 27th of November by some of Mr. Drummond's people, then I went with the note to Mr. Robbins and it was not paid.
Council for the Prosecution. What did Mr. Robbins say.
Court. We cannot take what he said; all that we can take is the fact of Mr. Robbins refusing to pay this note.
(The note produced and read as in the indictment and indorsed
Prisoner's Council. I think you say that you received a bond and a power of attorney to confess a judgment from the prisoner a week or ten days before this note became due? - Yes.
That bond was for one hundred and twenty pound, and the warrant of attorney for double that sum? - Yes.
I think you said that all the money that the prisoner received from you before that time was eighty pound and sixteen guineas? He had received one hundred and twenty pound when the bond and judgment were given which was returned, and eighty pound afterwards advanced, so that at the time he had given me the judgment he had received one hundred and twenty pound and sixteen guineas; so that the sixteen guineas never were meant to be included in the one hundred and twenty pound.
Had not you a transaction with the prisoner about the purchase of this lease? - He deposited the lease in my hands as a security.
Did not you actually agree for the purchase of it? - No.
The lease was deposited in your hands as a security? - There was no regular assignment of the lease, there was an agreement.
But you thought of the value of it, and the value of it was considered between you and the prisoner? - Yes, or else I should not have lent my money to a stranger.
What was the value? - He was to give eighty pound for it.
Do you mean, Sir, considering it as a lease for seven or fourteen years, to be of the value of eighty pound? - For seven years.
Is it not a lease for fourteen years, at the determination of the tenant, not of the landlord, but of the tenant? - Both I believe; it is certainly determinable at the option of the lessor, I am sure of it, because application was made to the landlord to continue it for the whole term, and if he would give his word, that the lease should stand the whole term, Godfrey would give the one hundred and twenty pound.
What does your whole demand on the prisoner amount to? - The amount is not entirely finished.
Of what you have actually advanced? -
Court. As you put it in such a way that you were satisfied for this note; I thought it my duty to enquire how you were satisfied, - I was satisfied in that way, under that judgment.
Court. Can you recollect the whole of the sums advanced on all the securities together, to this man? - There was the 16 guineas, the 80 l. and the 20 l. the 25 l.
Was there any part received from the prisoner, except what was levied under the execution? - No, I never received a halfpenny from him in my life.
Is the lease in your possession now? - Yes.
Who is in possession of the house? - One Blazon.
Then you now hold the lease of the house? - Yes.
Besides what was levied under the execution? - Yes, the lease was sold under a bill of sale by the sheriff.
What, under your execution? - Yes.
Prisoner's Council. What was the lease sold for under the execution? - Sixty pounds.
And purchased by you? - No.
Purchased for you? - I have it now.
What did the goods appraised come to?
Perhaps Mr. Godfrey has the account, I gave it him
He has an account; it is very odd you cannot recollect these sums? - It is not odd at all, I was not prepared.
Was the goods appraised at 57 l. 10 s.? - No, I believe not.
What other sum was it? - Forty-nine pounds, as I heard; the goods were appraised to Godfrey at 57 l. 10 s.
Court. Were the goods bought in for you? - They were bought in by a friend of mine.
For your use? - Yes.
Prisoner's Council. The licence, what did that cost? - I do not know.
You have it now, or your representative? - When I sent to Godfrey for the licence, I sent two guineas to him, codering his situation.
Court to Prisoner's Council. We had better proceed to see whether there is any evidence respecting this note; you shall have the liberty of calling this witness again.
JAMES JOHNSON the elder Sworn.
You are a manager for Mr. Johnson? - I am, sir.
Did you ever see that note? - I did.
How did you see it? - By taking it from Mr. Johnson with cash, and leaving it with Drummond's clerk; I do not know which clerk; but it is the same note.
Prisoner's Council. How do you remember this to be the same note? - By reading of the note.
Reading of it! why, do you remember all this note contains? - No, but I know it by the writing; I received it from my nephew, and carried it to the banker's within an hour.
Where was it you read the note? - At home, as I put it in my purse.
Court. You know by seeing that note, that it is the same note you carried? - Yes.
- COCKILL sworn.
I am clerk to Mr. Drummond. (The note shewn to him.) I did not receive that note, but it appears to have been in my possession: On the 26th of November, a little after nine in the morning, the prisoner came to Mr. Drummond's, and enquired of me, if there was such a note of Henry Robbins , of Russell-court, Drury-lane; I told him there was, and asked him if he was come to pay it; and he desired it might not be presented; he was going into the city to receive some money, and should call and take it up; he did not call that day, he called the next morning, a little after nine, to know if we had the note, I told
Court. Did the prisoner offer to pay it if it had not been returned? - No, he did not, he said, he should call and pay it:
Henry Robbins was called, and produced a release from James Johnson the younger.
Prisoner's Council. My lord, if Mr. Johnson is fully satisfied; I should apprehend this release is of no use, as in that case, he could have no demand on the prisoner.
The court were of opinion, that Henry Robbins could not be a witness, under Mr. Johnson's release.
What age are you? - Seventeen.
You are a relation of the last witness? - Yes.
Do you see his name on that paper? - Yes.
Do you think it is his hand writing? - No, sir.
You think it is not? - I know it is not.
You have seen him write? - Yes.
Are you sure that it is not his hand writing? - Yes.
You live in the house with Henry Robbins? - Yes.
Prisoner's Council. What relation are you to Henry Robbins ? - His brother.
I suppose your brother, like other people, sometimes writes diversley? - He always writes his name in the same manner.
Court. Had your brother and the prisoner any dealings? - Yes.
Had your brother been used to give notes payable to the prisoner? - Yes, I have heard him say, he would as soon have notes, as ready money.
Then your brother used to lend him his notes, to raise money on? - No, sir, he received value of him for them: Godfrey is a cabinet-maker by trade; he worked for my brother; and my brother has paid him, sometimes in notes, and sometimes in money.
Are you sure that is not your brother's hand writing? - Yes, I am sure.
There was a great deal of dealing between your brother and the prisoner? - Yes.
Had your brother notes of Godfrey, likewise? - Not that I know of, he has had receipts.
Do you know of any authority given by your brother to Godfrey, to make use of his name? - Not that I know of.
Do you know of any money being received by your brother, for leave to make use of his name? - No.
What were the amount of the notes usually given to Godfrey? - They were various.
I live in Oxford-street; I know Henry Robbins ; I have seen him write; (looks at the note.) This is no ways like Henry Robbins 's hand writing.
- MACMANUS sworn.
I apprehended the prisoner: there was no particular conversation.
Court to Mr. Johnson junior. I wish now to enquire more particularly, with suspect to the securities you have in your hands, at the time this note became due: you had a bond for 120 l. the penalty of which, was
Then, under the execution, you say the goods sold for 49 l. and the lease was bought in at 60 l. that makes 109 l. the lease was valued at 80 l. that makes 129 l. and the goods at 49 l. were brought in for your use. - There was another judgement entered up at the same time that mine was, and part of the money levied, went to Mr. Gillies; he had taken a judgment prior to mine.
What was the amount of that? - Eleven or twelve pounds.
Prisoner's Council. You have stated the goods to be 49 l. and the lease 60 l. what did the gage bill amount to? - The money that I actually received, at the time the present tenant went into the house, was, 99 l.
I want to know what you received under the execution? - I received nothing, but what I received under the execution.
Court to Jury. It turns out, that these several sums nearly cover Mr. Johnson's demand, that may be taken to be the fact; the operation of it is a subsequent one; it happens, that eventually the securities have turned out sufficient to satisfy Mr. Johnson's demand, whether they would have done so or not, is another question.
Court to Prisoner. Do you wish to say any thing.
Prisoner. I have nothing to say at present my Lord.
(The prisoner called four witnesses who gave him a good character.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
105. WILLIAM GODFREY was again indicted, for that he on the 12th day of November last, did falsely and feloniously, make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and did willingly act, and assist, in falsely making, forging, and counterfeiting, a certain paper writing, purporting to be a promissary note, for the payment of money ; and which said note is dated.
"No. 12. London, October 16th, 1782."
At six weeks after date, pay to him the said William Godfrey or order, the sum of 12 l. for value received; with intent to defraud Thomas Parry .
A second count for uttering the same, with the like intention.
A third count for forging the same, laid as in the first count, only with intention to defraud Thomas Mangleman .
A fourth count for uttering the same, with the like intention.
Court. How can Parry be a witness? - I have a release my lord.
From whom? - From Mr. Mangleman.
Where is your release? - It is in court.
(The release handed to the Court.)
Prisoner's Council. It is not the same name, the name in the indictment, is Thomas Mangleman .
Court. You must prove this release: where is the subscribing witness to the release? where is Edward William Haken ? I do not know.
Then there is an end of the release. - I have satisfied Mr. Mangleman.
Court. The objection is, that the release cannot be read, because the subscribing witness is not here.
THOMAS MANGLEMAN sworn.
Court. Shew Thomas Mangleman the note that is supposed to be forged. - Mr. Parry has satisfied it, I do not know what is become of it.
What is become of the note? - I do not know.
Court to Jury. There is no evidence gentlemen, to affect the prisoner.
Tried by the first Middlesex Jury before Mr. Justice WILLES.
|Reference Number
|Miscellaneous > fine
119. TIMOTHY REARDON was indicted for that he, on the 16th of December last, eighty pounds weight of lead; value 10 s. belonging to the Honourable Society of Lincoln's Inn , then and there fixed to a certain building of the said Society, against the form of the statute, did take, steal and carry away .
A second count for stealing the same in a certain garden belonging to the said Society.
A third count for stealing the same being fixed to a certain garden belonging to a dwelling house, situate in the parish of St. Andrew, Holborn.
I am a bricklayer, I had information brought to my house that one of my men was in custody for stealing lead: the prisoner worked for me; I went to Guildhall on the Wednesday the 18th, where the lead was and measured it, and desired my foreman to examine at the places where I am doing business to see if there was any lead missing; he found some was missing from a building at Lincoln's Inn ; from an alcove in the garden adjoining the new building now carrying on. I attended the examination at Guildhall, and Mr. Alderman Sainsbury desired I would compare the lead with the premises to see if it was the same, and I found it corresponded exactly; there was a place where it was taken from bare, it had been lately taken out; it was one entire piece when laid on, and it had been cut in two.
Was the shape of the place where it was taken from so particular, that another piece like that would not fit it? - It fitted exactly.
But would not any other piece of lead of the same measurement have fitted the place? - It might.
Was there any thing indented? - There was a nail hole where it had been fastened; they corresponded exactly, it was certainly taken from there.
You have no doubt of it as a workman? None at all; it joins as near as can be to the scaffold.
Does it adjoin any of the buildings? - No, it does not.
As I was coming from the chambers, the furthest staircase of all of the new buildings; I saw the prisoner, he walked after me.
I am a constable; about a quarter past three on the 17th of December, going by the end of Cock-lane, one of our patrols called to me, and said, a suspicious character was just gone in: I went up stairs, and on the right hand I saw a light in a room, I pushed the door open, and found the prisoner undressing himself, he said he was going to bed, and a quantity of lead was in a basket; I said, what have you there, and he said, only luggage; I took him to the watch-house; the basket was close to the side of the bed, no other person was in the room with him; the house belongs to one Adams, at the Fortune of War, it is let out in separate tenements; the prisoner said, he did not know how the lead came there.
I am one of the patrols; on the 16th at night about 11, I received information of three people having something very heavy,
Did you see him have any thing on the stairs, when you first saw him? - Only the candle.
Court to Clarke. Whose possession has the lead been in since? - The constable's.
To Taylor. Has the lead been in your possession ever since? - I left it at Guildhall in a closet in the magistrates room: it is the same, I marked it.
Court to Clarke. How long have you known the prisoner? - He has worked for me about a twelvemonth.
Has he any hurt in his head? - I have heard him mention it.
Has he ever been indisposed or disordered with it? - Not to my knowledge.
PRISONER's DEFENCE.
I have nothing to say, only I served my king and country in America for seven years, and I got this shot in my head; a woman got the lead at Cheapside; I have lodged with her this year and half: this gentleman came in, in the morning, and I being in bed, I whipped out of bed, that made the gentleman see me on the landing place. I have no witnesses, only my discharge can prove my honesty, if I was a rogue or a robber, I should not be recommended to the board; I am willing to serve my king and country again, I am sure I am innocent of this affair; the woman that had the lead is my father's own sister, she is in Newgate; they can prove nothing of my bringing the lead to this house; she is not indicted yet.
To be fined one shilling and discharged, in order to be sent to an hospital on account of the hurt in his head.
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
120. CHARLES POTTS and BENJAMIN otherwise JOHN DOUTY were indicted for feloniously stealing, on the 22d of November last, one hempen bag, value 6 d. and one hundred and thirty-eight pair of cloth breeches, value 20 l. the goods of John Duke .
I am porter to Mr. John Duke , he is a Taylor , he has the breeches to make for the navy; I took one hundred and thirty-eight pair of breeches in six bundles, and put them into a bag, and bound them round with a cord; I brought them to the pitching block at St. Magnes's church , the 22d of November, about six in the evening; I pitched them upon the block to rest myself, and wiping the sweat off my face, comes a genteel looking man, with his hair tied behind, and tapped me over the shoulder, and asked me the way to Fetter-lane; I turned my head to answer him, and in the mean time the bundle was gone.
On Friday, the 22d of November, about four o'clock, I delivered to Stephen Stroud , the porter, six bundles of breeches containing one hundred and thirty-eight pair, they were unmade.
Were they breeches? - They were the outsides and the linings.
Then they were not breeches, but only cloth for breeches: was the bag marked that they were put in? - I did not see it.
Court to Stroud. Was there any mark on the bag? - No.
I was the officer of St. Mary, Whitechapel, and I had information of some cloth
How did you know it was Douty's house? - By the information of a boy, I had been acquainted it was the sister's house.
Court. Is there any body here that knows it was Douty's house? - Not that I know of.
What were these two men indicted for? On the evidence of the boy, and he is not here; I know nothing of him.
Why he is the only witness that can prove any thing.
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
103. JAMES SMITH was indicted for making an assault, in the dwelling house of Richard Ellis , on Agnes the wife of the said Richard, on the 13th of December last, putting her in fear and danger of her life, and feloniously taking from her person and against her will, twenty-three silk and cotton handkerchiefs, value 34 s. and six silk handkerchiefs, value 15 s. the property of the said Richard .
On the 13th of December, about half after eight in the evening, the prisoner came to our shop door, and I let him in, I asked him what he would please to have, he said, a silk handkerchief, Madam; I asked him what sort, he said, Madam, to be plain with you, I must have something to make a little money on to night, so let us have no resistance, Madam, no resistance: Margaret Wallis was in the shop with me, and we both of us said, Sir, I do not know what you mean; he put his hand into his bosom, he took hold of something, which I thought was a pistol, and he said, Madam, I will let you know what I mean, I will let you know what I mean: Miss Wallis opened the side door in the shop, and she called Mr. Downs! Mr. Downs! that is our next door neighbour; then the prisoner turned him round, and took a parcel of handkerchiefs out of the window, and ran out of the shop; I ran after him and cried, Stop thief! and he dropped them in two parcels, and I picked them up.
Court. You did not give them to him? - No, my Lord.
He took them out of the shop window? - Yes.
Did you understand what he said as a threat of violence? - Yes, my Lord, I thought he was going to shoot me.
He did it in a threatening manner? - Yes, my Lord.
In what situation were the goods? - They were in a paper in the window, laying by me.
His taking the goods was after he threatened you? - Yes, my Lord.
Are you sure the man that was stopped was the same man? - Yes.
You were a good deal alarmed when he behaved in that manner in the shop? - I was hurt a little, but not so much as I was when he was at the watch-house: I am quite sure of his person, he was dressed the same.
Are the goods the property of your husband? - Yes.
Have they any shop mark on them? - Yes. (The goods deposed to.)
I was in the parlour opposite the shop door, I saw the man come up to the door, and Mrs. Ellis opened the door, and she called me in, and the man came in, and I heard Mrs. Ellis say, what do you please to have, and he said, a silk handkerchief, Madam, she asked him what sort; he said, to be plain with you, Madam, I
I am footman to a lady; I was coming past when the prisoner came out of the shop, I pursued and took him; I saw him run out of the shop; I did not see him drop any thing.
Are you sure the man that you took, was the same that you saw run out of the shop? Yes.
And he had his bayonet on him? - Yes, it was at the side of his coat.
I am one of the constables of Marybone; the prisoner was brought to the watch-house, and was given in charge to me; and the beadle took his bayonet from him, and the goods were brought to the watch-house by Mrs. Ellis; and she said, they were her property; they have been in my possession ever since.
PRISONER's DEFENCE.
I am quite innocent of it.
Court to Jury. Gentleman, this robbery is of a particular kind; it is a constructive, and not a direct taking from the person; the goods were not in the direct personal custody of Mrs. Ellis when the prisoner took them; but they were in her presence, and under her protection: and it has been held, that where the taking of goods, in the presence of a person, has been the effect of the antecedent putting in fear, that shall be confined as a taking from the person; as for instance, where a man is stopped and desired to throw his purse on the ground, there is not a doubt in that case, because, there he actually parts with it in fear: here is also the additional circumstance of the prisoner's having a concealed weapon, and putting his hand in his bosom for that weapon.
GUILTY , ( Death .)
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
121. ANDREW DANIS was indicted for feloniously stealing on the 26th of December last, one cloth coat, value 12 s. one linen waistcoat, value 6 s. the goods of John Elbell .
I live in King's-street, Soho ; on the 26th of December last, between eight and nine in the morning, the street door, and the front parlour door were open; and there was nobody in the parlour; but there is a door out of one room into the other, which was open; this coat and waistcoat laid upon the chair in the fore parlour; I was coming in, out of the back parlour, into the fore parlour, and I saw a person's coat slip out of the street door; I went to see who it was, and I saw it was a stranger, with my coat and waistcoat under his arm; I called out, Stop thief! and over took him, but I picked up the cloaths first; he was never out of my sight, but just as he turned the corner of Moore-street.
Are you sure that the person you stopped was the same? - Yes, I am sure of it, I am quite sure of him; he was only two or three seconds out of my sight; he did not run at all, he walked on pretty fast; and the corner was near my house.
(The coat and waistcoat deposed to.)
HENRY ONIONS sworn.
I was going a boxing, and waiting for a person to get up, I saw the prosecutor come running, and he said, Stop thief! I saw the prisoner and another man come along the street, talking together, as I thought; the prisoner was next to the wall, and the short man in a brown coat, was on the outside, on the prisoner's left hand; I saw the cloaths drop, but which dropped them I cannot pretend to say; I am sure it was one of the two, but which I cannot say; when the cloaths were dropped, the prisoner at the bar was three or four yards from the man; when I first saw them, they were together, and I think they were talking to one another; they were walking the same way.
Did you see them speak to one another? As I thought; they were as far off, as to the middle of the yard.
Then you cannot tell whether these men were together or not? - They were near to one another.
So might any two men that were walking in the street: but can you swear that they were walking together? - I stopped the prisoner, and he said, what are you going to do with me, I am not the man that you want; and the man in the brown coat, he began to run, and run away; this man stood still.
Court to Elbill. When did you first get sight of the man that had the cloaths? - As soon as I came to the door.
In what situation were the cloaths? - Wrapped up under his arm.
How long a view of him had you before he dropped the cloaths? - I take it about a minute.
Was there any body walking with him? There was that man in the brown cloaths, but he had not the cloaths; the prisoner had the cloaths; I did not see them speak together; the other ran away before I took the prisoner: the prisoner did not run, he walked to the side of the houses, and dropped the cloaths by the side of the houses; they were by the side of each other.
Court to Onions. Which was nearest to the man, the prosecutor or you? - Me.
And you could not see which dropped the cloaths? - No, my lord, I could not.
PRISONER's DEFENCE.
I was going of an errand; I heard the cry of, Stop thief! and I saw these cloaths picked up, about eight or ten yards off; I saw a man in brown, running on, and they took me: at the magistrates, the prosecutor said, he saw a man in a brown coat with the cloaths.
Court to Prisoner. What are you? - I deal in cloaths , and those things.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
123. JOHN JONES was indicted for feloniously stealing on the 23d of December last, thirty-seven Morocco leather skins, value 10 l. the goods of James Adey .
On the 19th of December, I lost between three and four dozen of Morocco skins; they were kept in a drawer in the parlour, at the back of my warehouse; I missed them on the 20th: a neighbour of mine; a brother trade; sent his boy with a piece of leather, desiring I would match him three or four skins of that pattern; I went to the drawer where we keep those skins, and they were gone; my man said, he had put them in the drawer the night before: I never saw the prisoner, till I saw him before the justice. On the 27th of the same month, my neighbour, Mr. Bayley, came to me, and said, have not you lost some Morocco skins, I said yes; he said, here has been a man with a skin, offering me to sell, and I saw it had your mark, in your own hand writing: I then went to
(The skins produced and deposed to.)
- BULLER sworn.
They have remained in my custody ever since, except last night, when I left them with the sheriffs porter; there was no seal on them, but I shall know them again. (looks at them.) They are the same skins; but there are some of them which I cannot identify, because they are pared round; these are the same skins that were at the pawnbroker's.
Court to Adey. How many of those skins can you positively swear to? - Twenty-nine, all in my own hand writing.
(One of them shewn to the Jury.)
Prisoner's Council. Are you a wholesale dealer ? - Yes.
Is that the common mark you use on your skins? - It has been altered since, but that is the mark I will swear to.
You sold a great many similar skins before? - Yes.
Who do you deal with for your leather? A great many people.
Who is your dyer? - They are finished at the dresser's; they live in the Borough; I buy them of the Spanish leather dresser's.
Are not the skins dyed in the Borough? I do not know.
Prisoner's Council. In the indictment they are called Morocco leather skins; it is incumbent on them to prove that they are so.
Court. That must be left to the jury.
To Adey. What would you, or any man, in the trade call them? - Morocco skins: I know these skins were in my shop at that period, if there was no mark on them.
- BAYLEY sworn.
On Friday the 27th of last month, one Thomas Raine , a shoe-maker, brought a Morocco skin, he shewed it me as a sample, and asked me if I wanted a quantity; he said, he had twenty-seven, and that they were the property of a friend of his, but he was employed to sell them; I told him, if he would leave me his address, and where I should see the skins, I would call that evening; he left his address, and I informed the prosecutor; I asked the prosecutor what quantity of skins he had lost; he said, they were green and blue Morocco: we went to Raine's house; I asked him if he would give me a sight of the skins, he said, yes; he went with us to the house of one Creswell, a pawnbroker.
Court. Are you in the trade? - Yes.
What do you call these skins? - Green and blue Morocco; this is the common expression of the trade, let them be manufactured where they will, they are known by that name: we found them at Creswell's; Raine told him, I was come to look at the skins; he rather hesitated; the skins were in the one pair of stairs; Creswell asked me, two or three times, what trade I was, if I was a shoe-maker: I told him I was in the sale way; he said, what, I suppose in the shoe selling way; I said, no, I am a leather seller sometimes; if you will shew them to me, I will buy them of you if they are worth my money; and he shewed me the skins; the prosecutor was not in the house; they waited to take the shoe-maker and Creswell; there were twenty-seven skins; I looked at them, these are the same; I asked the shoe-maker the price of them, he said, directly upon account of Creswell's being present, that he had absolutely
Court. Then it was merely on the information of Creswell, that the prisoner was taken up? - Yes.
Was any thing found on the prisoner when he was taken up? - Nothing of this property.
Do you know how these things came into Creswell's hands, any further than that he said the prisoner delivered them to him? - No, he said, he took them for a pledge of three guineas.
Does Creswell keep an open shop as a pawnbroker? - It does not appear like a pawnbroker's to me.
Court to Jury. This being the case at present, there is no evidence against the prisoner; as the only witness that remains on the bill, is Creswell, and he making such a great deal of mystery about this business, and being so very shy of shewing the skins; I do think, that he manifestly appears in the light of an accomplice; and, either that he took them himself, or else received them, knowing them to be stolen; for if he had not, when one man comes in a common course of trade to buy, and another wants to sell, the man does not look in his face ten times, and ask so many questions; therefore, there is not at present one grain of evidence to affect the prisoner; the whole depending on the testimony of Creswell, who appears so strongly in the light of an accomplice; and there being no other evidence but his, consequently there is no evidence at all affecting the prisoner.
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Not Guilty
122. PETER WILSON was indicted for feloniously stealing on the 4th of January instant, 6 s. 6 d. in monies numbered , the monies of Henry Thwaites .
I am a servant of Mr. Henry Thwaites ; I know the prisoner, he lived with us: on the 4th of January there was a sum of money taken by several of the servants of the house, which was laid down on a small ledge, the amount of which was 3 l. 9 s. I speak of it with accuracy, by three different people talking of it, and privately putting it down: the prisoner had served a customer, and had taken some money, and was going up stairs with it to his mistress; I told him to take this money up with him; he asked me if there was any account of it, I told him, no; David Jones was with me.
Court. Did the prisoner offer to carry it up, or did you tell him to take it? - I told him.
How long was is between the time that you counted that money, and the moment he took it away? - It was immediately.
Are you sure that he took the whole sum that was there placed? - I saw it all in his hand.
It is the custom of your house generally to give an account to your mistress of little sums as they are received? - Yes.
What happened in your presence when the prisoner was present, and your master came home? - The prisoner was called up, and his master accused him of defrauding him of 6 s. 6 d. the prisoner said, he knew nothing of it; my master said, he certainly did, and had better not deny it, for he had more than one, two, or three people that could prove it.
Court. Did he say why he had better not deny it? - He said, he had more than one, two, or three people that could prove it.
That was all he said? - Yes; then Mr. Thwaites said he had been cheating him; he said, not to his knowledge, he repeated it again, he still made the same answer; he told him, that to his knowledge was nothing, for he could not do it without knowing it himself; the prisoner repeated the same answer; my master told him he was very sure he had, having sufficient proofs.
Did your master make him any promise of any kind, if he should open any confession to him? - Not to my knowledge then, I am sure he did not.
Court. Did he at any time afterwards? Not to my knowledge, they were by themselves after; when Mr. Thwaites threatened to send for an officer: this is nearly all that I can recollect.
Prisoner's Council. If I understand you right, the prisoner was in the shop, and had taken some money of some customer? Yes.
Did you reckon up that sum? - I was unacquainted with it; it was gold.
Now the other money that was reckoned, you and your fellow servant had separately reveived: why did not you take it yourself? - Because we had strong suspiciouns
Having strong suspicions, it was your business, and your duty to take up the money that you had received? - Yes, it was, but not that money.
Then it was a plan laid by you and your fellow servants, to entrap this man if you could? - No, not to entrap him.
Well, to find him out, make use of your own words? - To be sure if we were right.
Did this man and you live on a good footing? - Yes.
Did you reckon the money to him, upon your oath? - No.
Did he reckon it himself? - No.
Then it was never reckoned by you, in his presence? - No.
Did he want to reckon it? - I do not recollect that matter; I cannot recollect.
Now do; because you can recollect some things so clearly? - I cannot.
Did not you say to him when he wanted to reckon the money, no, no, no; take it up as it is, it is all right? - I believe I did not say such words.
Are you sure? - I cannot positively say to that matter.
Had the prisoner better wages than you? I do not know, we do not disclose our wages to one another.
Council for the prosecution. Your master keeps a great many men? - A great many.
Court. You say you are not positive, whether the prisoner did not offer to reckon it, and you said there was no occasion? - I cannot positively say.
Have you any idea that such a thing might pass? - I have not, if I had, I would declare it.
Then you do not recollect, one way or the other? - I do not.
I am a servant to Mr. Thwaites; I
How much? - Three pounds seven shillings: the prisoner took it from a little shelf on the counter: then, Robert Eyre , another shopman, brought 2 s. more, which I saw given to the prisoner, together with the 3 l. 7 s. which makes 3 l. 9 s. the prisoner had the 3 l. 7 s. in his hand, when Eyre gave him the 2 s. and the prisoner took it up stairs to Mrs. Thwaites.
Court. Who gave him the 3 l. 7 s.? - He took it himself from the shelf, and Robert Eyre gave him 2 s. more.
How long was it before, that you had reckoned it? - Just then; Capps and Eyre had counted it; the 2 s. was given him, as he was going up stairs with the 3 l. 7 s. I saw him give him the 2 s. Eyre is not here: the prisoner went up to his mistress: when my master came home, he told the prisoner what we laid to his charge, and the prisoner denied it: my master mentioned the sum of 6 s. 6 d.
Prisoner's Council. This money was loose on the ledge? - Yes.
You received it in small sums? - Yes.
How much a time? - Different sums; sometimes half a crown, sometimes 5 s.
Then it was all silver? - Not all.
Some halfpence? - There was some gold that we gave change out of.
It was your custom, and your duty, I understand, to take this up to your mistress? It was: we should have taken it up, but we had no time.
This man was carrying up the money he had received? - Yes.
Then he was doing what he ought to do, and you called him back to take up your money? - Yes.
Which of you desired him? - Papps.
Did he reckon it to him? - He did not reckon it, he took it himself from the shelf; he scraped it into his hand.
Did he reckon it himself? - No.
Who was nearest this ledge when he took it? - I cannot tell; I, and Capps were on each side, and the ledge was between us.
Do you recollect his wanting to reckon it? - He did not count it.
Did he offer to count it? - No, he did not.
Are you sure of that now? - Yes, I am.
Nor did you reckon it? - No, we did not; we had a suspicion of him before.
Then this plan was concerted by you? We agreed to count the money, and be particular.
Mrs. THWAITES sworn.
I am wife to Mr. Thwaites. The prisoner came to me in the afternoon of the 4th of January, between three and five, and brought me a bill with four guineas, and desired I would take the bill out of it, and give him change, he then told me that the money he had got besides, was money he had taken out of the shop, which he had no account of; I asked him the reason of that: I had a child in my lap, it was crying; I told him to let the man in the shop examine the bill, I only looked at the sum at the bottom, and gave him the right change; we keep no books in the retail trade, therefore we have no copies of the bills that we send out, and I do not know to whom that bill was sent. After I had given change for the four guineas, he then held out his hand to me with the other money, and said he took that up out of the shop, and that they had no account of that at all: I laid the money down on the opposite side of the table to where I had put the first money, and there was no other money near it; I asked him the reason why he did not bring me any account of that, he said, he did not know, there was no account
Court. When the prisoner brought up the money was it in his pocket or in his hand? - In his hand.
Was the four guineas and that money in the same hand? - To the best of my knowledge he had the four guineas and the bill in his right hand, and the other money in his left.
Did the stairs lead immediately up from the shop to the room where you was? - Yes, there is a door between the shop and the stair-case; I was in the one pair of stairs, and the stair-case comes immediately to that door.
When you came home to your shop, and was informed by your men what had passed, you afterwards saw the prisoner? - Yes
Before you held any conversation did you make promise to him?
Court. No: ask him what passed when he and the prisoner were alone? - We were left alone, only Mrs. Thwaites; I said, Wilson, I am sorry for you, I had longknown you, I had a better opinion of you.
Then you had a good opinion of him? - I had: I desired that as it was too plain and evident to me that he was guilty, that he would let me know the sum that he had robbed me of, as I was taking my stock, for I understood from what I was told, that it was very considerable; I wished him to declare to me himself.
Did you tell him, that if he disclosed the sum he had robbed you of, you would be as favourable as you could? - I told him, if he would make a plain confession, I would be as favourable to him as lay in my power; I likewise said, that I would be favourable to him as far as it concerned myself, and that I would forgive the injury and offence as far as it concerned me.
You speak very fairly, we cannot take any notice of that confession. - I never said I would let him go.
Prisoner's Council. We have heard what you said.
PRISONER's DEFENCE.
He promised me free pardon if I would only acknowledge.
Court to Mrs. Thwaites. You gave him change of the four guineas in silver? -
Did you see what he did with that? - No, Sir, he carried the change back with him: I have a little draw, such as there are in desks, in bureaus for silver, and my purse for gold; I kept the table clear on purpose, as they desired I would be particular.
Which did he give you first, the four guineas or the other money? - The four guineas.
The Remainder of this in the Fifth Part will be published in a few Days.
|Reference Number
HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be hid of J. WALMSLAY, and S. BLADON.
Trials at Law, &c. taken with Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.
N. B. SHORT-HAND taught on an improved Plan.
|Reference Number
Being the SECOND SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.
Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
Continuation of the Trial of Peter Wilson .
Are you sure of that? - I am very sure of it.
Are you sure that you gave no part of the money in change of the four guineas? I am very sure of it; I laid it down on the table and did not move it till Capps came into the room.
Prisoner's Council. Was not you surprized that he should bring up the money of the other peoples? - No, sir.
Is not every man accountable for the money he receives? - Certainly.
That is no answer to my question, is not every servant to give you an account of the money he receives? - Yes, but they do not say for what.
But do not they say I have taken 10 s. or 20 s. he could not give you an account of what money was there? - No.
Might not he have given the change of that money below stairs? - Then he would not have had the change up stairs I suppose.
Certainly, I know that as well as you do, suppose a customer comes in, do they run up to you for change of a guinea? - They mention it then particularly: there is a piece of paper lays on a board, one says 2 s. 6 d. another 3 s. 6 d. and the man that is at leisure brings up the money.
Court to Capps. Was not there an account of this money as it was received in the shop that day put down on the paper as usual? - No, sir, that was seldom done, we frequently are so busy that we cannot do it, we put it all together, and count it without any distinction.
Was there any paper that day on which the money was set down? - Three of us privately set it down.
On what paper? - On the back of a bill, that paper we have not now.
What became of it? - We carried it up to Mrs. Thwaites.
You left it in her possession? - I do not know that I did.
Did not you think it would be material to produce, that paper as you was so particular? - I do not know what is become of it.
Was the door between the shop and the stair-case shut or open when the prisoner went up? - I do not know.
Did he shut the door after him? - I cannot tell.
Did he put the money in his pocket? - He did not in my presence.
Court to Jones. There is a door between the shop, and the stair-case, is not there? - Yes.
Opens directly to the stair-case? - Yes.
Prisoner's Council. When the prisoner carried the money out of the shop up to your mistress whether that door was shut or open? - I really cannot recollect.
Try? - I cannot.
Then you do not remember his shutting the door after him? - I do not.
How long was it before Capps went up after the prisoner came down? - About two minutes.
How long did the prisoner stay above with your mistress? - Not above two minutes, he went directly up.
Court to Jones. All but the 2 s. was set down on a piece of paper? - Yes.
What is become of that paper? - I do not know.
Was any search made to see if this money had fallen on the stairs? - Not to my knowledge.
Court to Mrs. Thwaits. Do you know? Our stairs are so very plain, that without any search it must have been seen.
(The prisoner called two witnesses who gave him a good character.)
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
96. WILLIAM JONES was indicted for feloniously stealing on the 22d of November last two woollen cloth coats value 6 l. one silk waistcoat, value 14 s. one pair of sattin breeches value 40 s. one silk gown and coat value 6 l. one sattin gown value 30 s. one silk gown value 30 s. one dimity gown and coat value 40 s. one silk gown value 30 s. four dimity petticoats value 28 s. four muslin aprons value 50 s. one gauze apron value 50 s. two silk nett handkerchiefs value 20 s. two thread nett handkerchiefs value 14 s. one thread lace handkerchiefs value 30 s. four muslin handkerchiefs value 12 s. one pair of leather gloves value 12 d. two pair of womens shoes value 16 s. two gauze caps value 14 s. one silk cloak value 20 s. one silk sash value 7 s. two linen handkerchiefs value 4 s. and six yards of silk ribbon value 4 s. the goods of Thomas George Willard .
On the 21st of November, I came from Eastbourne to London, and I left a hair trunk, and a caravan box, at the Maiden-head at Uckfield to be taken up the next morning by the Lewis coach and conveyed to town; on my arrival in town, the next day I sent for the goods, and on going myself I was informed by the coachman, that the goods were stolen, the goods that are mentioned in the indictment were in the trunks, and several other things, which are missing.
Court. Have you compared the indictment? - Yes.
Court. What is the value of these things all together? - I did set them at 40 l.
I am the coachman of the Lewis coach, I took up the two trunks at the Maiden-head at Uckfield, they were directed for Mr. George Willard , to be left at the Golden Cross till called for; I brought them to the Horns at Kennington , I set two passengers down there, and when I took the two baskets out belonging to these passengers, they were there: I never saw them afterwards.
How long did you stop there? - About five or six minutes.
From there you came to town? - Yes.
What o'clock did you get in? - About twenty minutes after six.
On Sunday the 24th of November, I had orders from Aldermen Townsend and Hart, to keep a strict watch about this place; Fleet-lane I think they call it: we had information that they were all receiving houses, and that they covered one another; and the prisoner was seen to carry in some bundles, into Mr. Turner's house; we went into Turner's house, and in the cellar we found a caravan box, in which were contained, the things mentioned in the indictment; I did not go down into the cellar myself, I was in the shop: this trial was put off from the last sessions by the prisoner's desire, and by the order of the court: I gave the gentleman and lady all their cloaths, except this coat.
(The coat produced and deposed to.)
Court. You saw the rest of the things? Yes.
To Prosecutor. Were all these things your property? - All of them.
Where did you see them? - I saw them at Guildhall.
Was Gates present then? - Yes, my Lord.
Court to Gates. These things that Mr. Willard saw, were the same things that you took in Turner's house? - Yes, I asked Mrs. Turner where Mr. Turner was, she said, he was not at home; she had lain in a little while, and I was tender of her: I asked, whose the things were, she said, the things were Mr. Jones's; I immediately sent for Mr. Jones, who lived but two or three doors off; he came, and I asked him if the things were his; he said that they were his, and take them away if we durst; I told him, I would not only take them, but I would take him too; I took him, and the next day I took him before the Aldermen at Guildhall; he then declared, before the Aldermen Hart and Townsend, that they were his: we found Mr. Willard, by a hand bill.
I know nothing more than what Mr. Gates has said.
I know nothing more than what my brother has said.
I leave my defence to my council.
What are you? - A tin-plate worker.
Do you know the prisoner? - Yes.
Where did he live? - In Fleet-lane.
Did you know any thing of him the 22d of November last? - Yes.
At what o'clock did you see him in that afternoon? - About five, or a little after.
Court. Where did you see him? - He came to me; I live in Seacoal-lane, No. 26, within a few doors of him: I had an order to compleat for him, of one Mr. Apsley of Cambridge: a pewterer of Seacoal-lane, came to Jones, and said, he would be glad if he would let him have part of that order for a customer; I finished the order about six; then it wanted colouring; I then went to Jones, to acquaint him that the order was done; I saw him then; my wife was then going to lacquer these lanthorns, which would take up about an hour; I then went to the Black-horse, and stayed an hour; when I came back, I looked into the shop, I then saw Jones in this shop; I brought the lanthorns to Jones, I delivered them to him; I asked him if he
I live in Fleet-lane; I am a plane-maker; I know the prisoner very well, he lived in that lane; I saw him the 22d of November, very often; I saw him just before he gave over work; and at putting up my shutters, then I sent for him about a commodity that I had to dispose of, and he sent me word he was coming; I sent again, that was about half past four; he sent word he would come over; when the clock struck six, the prisoner came to my house with a basket in his hand; I saw him as I came down with a candle in my hand; he had the commodity of me, he paid me the money; there was a balance between us, which he settled and paid on the 22d of November; we had a pot of beer; he was with me till near seven: I saw him once afterwards that night; I went to bid him good night; and a man came in with a bundle, I do not know what was in that bundle.
Court. Upon your oath, did you see him that night at your house? - Yes, the 22d of November; by reason of our settling affairs, I minuted it down in my book.
I live in Fleet-lane with my father; the 22d of November, my father had some business with Mr. Jones's apprentice, and I went for him, and I saw Mr. Jones, and he said, the apprentice was not there; I saw him again at half after five; and I saw him till almost eight; he was too and fro, three or four times to our house.
You live just by him? - Within two doors of him.
(The prisoner called two witnesses who gave him a good character.)
Jury. We wish to know how he came by the things.
Court. He may tell you if he will.
Prisoner. On Friday the 22d of November, one Robert Thompson brought those things, and asked me to advance him ten guineas on them, which I did on the Monday or Tuesday following; he said he would call on me, and let me know, whether I should sell them by auction or by commission in my shop: I went to Gates directly when I was sent for: there is more business done, by advancing money on goods, than in any other way.
Tried by the London Jury before Mr. Justice ASHURST.
|Reference Number
109. JOHN HARRIS was indicted for feloniously stealing on the 30th of December last, eight silver table spoons, value 3 l. the goods of Peter Livies , Esq ; in his dwelling house .
(The witnesses examined apart at the desire of the prisoner.)
I am servant to Mr. Livies; on the 30th of December, my master lost eight silver table spoons , value 3 l. they were in the back parlour; the green grocer came with some potatoes, and told me, there was a basket that had been left a few days before; I went down stairs with the potatoes, to bring up the basket, but I did not see any; I ran up stairs again, and I saw the prisoner at the bar running along the passage, and putting his hand under his coat-like; with that I got the glimpse of silver; so I thought he had been about no good, as he had no business in the house; I left the green grocer at the door when I went down stairs, but he was gone to the opposite side; I cried out, Stop thief! and ran as hard as I could; and I heard something fall; I instantly
Prisoner's Council. You gave evidence before the justice, I believe? - Yes.
Did you or not there say, that you saw any thing like silver about him? - Yes, I did.
Or did you say, that you apprehended you saw something white about his coat? I said something of the glimpse of silver.
You did not see him dispossess himself of any thing? - No, I did not.
What did you do with these spoons that were found? - I carried them home directly.
Where did you put them? - In the room they were taken from.
You did not carry them that day to the justices? - No.
Were you asked for them? - I was.
What account did you give? - That I could not be positive to them all, but to one I could, it was more battered than the rest.
(The spoon produced and deposed to.)
I am a green grocer; I saw the prisoner run out of the house, and the last witness came out after him; I pursued the prisoner and took him; I did not see the spoons dropped; I saw them lay on the ground, and the last witness pick them up.
- RUSSEL sworn.
Did you see the two last witnesses in pursuit of the prisoner? - Yes, I was standing on Monday the 29th of last month, at my mistress's door in Portland-street, taking some things from a mantua maker; I saw the prisoner come round; and there being a cry of Stop thief! he made a bit of a stop, and threw something down; I saw it white in the end; the first witness was just at the corner, and he put his hand on the rails, to keep himself from falling; I saw the prisoner part with something from his hands; there was no other person between the prisoner and the servant; he took them up in the very same spot, in less than half a minute, and then I saw that they were spoons: I did not see that they were spoons, when the man dropped them.
Prisoner's Council. Nor what it was that he put down, you could not tell at that time? - No, only that it appeared white.
PRISONER's DEFENCE.
I was walking along up Portland-street, by the chapel; I heard a cry of, Stop thief! I walked, not ran; but walked on, and I was stopped by two men, neither of them were these gentlemen; one said to the other, this is not the man; and they asked my pardon, and quitted me; I walked on very easy; then these gentlemen came up, and said, they should stop me; and I was brought before a magistrate; but neither of these men stopped me; but the men that stopped me, acquitted me, because several people said, I was not the person.
GUILTY , ( Death .)
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
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111. SARAH POND , ANN RANDALL , and MARY DYMACKS , were indicted for feloniously stealing on the 24th of December last, two pieces of printed cotton, value 39 s. the goods of Ruth Roberts , widow , privily in her shop .
I live at Poplar , I keep a linen-draper, haberdasher and hosiers shop , on the 24th of December last, at two in the afternoon,Hannah Thacker went to the place where she saw them put the cottons in, and fetched them away.
My mistress sent me in pursuit of the prisoners at the bar, I persued them, they were never out of my sight, they saw me coming after them, they went up to a barn in Cole Lane, and I saw them put the cotton into a hole in the barn, I asked them to go along with me, they said they would, I took them to my mistresses shop, and as they were coming up, the little one said, we will make them smart for it. - My mistress sent for a constable, and when the prisoners were gone to the watch-house, I went to the barn and fetched the cottons out; one put it in, and one stood on one side, and the other on the other.
The cottons produced.)
I am the constable, I had these cottons from the servant maid, they are the same.
Court to Thacker. Is that the same you took from the barn? - Yes.
Court to Prosecutor. Are you sure these things were there when they came into your shop? - I am positive of it.
We know nothing of the robbery.
Court to Prosecutrix. What is the value of these things? - Thirty-nine shillings, my Lord.
( Death .)
Tried by the second Middlesex Jury before Mr. JUSTICE ASHURST.
|Reference Number
|Not Guilty
124. GEORGE HAYLAND was indicted for feloniously stealing, on the 15th of October last, one hempen bag, value 2 s. and 280 lb. weight of hops, value 9 l. 7 s. 6 d. the goods of Henry Goodwin and Co. and John Cotton was indicted for feloniously receiving the same on the same day, knowing the same to have been stolen .
I am in partnership in the brewing way, I lost some hops on the 10th of January, I first heard of it from Justice Wilmot's men, I saw one bag at the justices, it was mine and my partners; I knew it by the marks,
Prisoner's Council. When did you lose this bag? - Monday the 10th of January.
Court. Where was the bag found that is here? - At Mr. Cotton's.
Who brought that bag to the justices? I brought this piece of a bag to the justices by virtue of a search warrant, I know nothing against Hayland.
Prisoner's Council to Mr. Thornton. How many bags have you and your partners belonging to you? - Seven or 800.
And this you believe to be one of them? Yes.
How many bags have you sold within this twelvemonths? - None.
What have you left off business? - No, we are brewers.
When the people bring you the malt, do you send the bags backwards and forwards, what do you do with the empty bags? - We cut them up.
You are clerk to justice Wilmot? - Yes.
Did you ever see either of the prisoners at the bar? - Yes, both of them; I heard Hayland declare in the office upon his examination, that he had delivered and sold some hops, I think he said a bag of hops to a brewer in Virginia Street, Ratcliffe Highway; he did not say where he got it.
Prisoner Cotton's Council. Did you take it down in writing? - No, I did not, In consequence of that information a search warrant was issued out, and delivered to the officer, and soon afterwards there was a part of a bag of hops brought into the office from, as I understand Mr. Cotton's house; Hayland, said he, had sold some hops to Cotton, he wanted to make a discovery, he was charged with having that bag of hops in his custody, they took Hayland and the hops together.
Court. Was not Hayland asked whose hop bag it was, and how he came by it? I do not know that he said how he came by it; he said, he had delivered and sold a bag of hops to one Cotton in Virginia Street, nobody knew any such person as Cotton.
Prisoner Cotton's Council. Pray Mr. justice's clerk, how came Hayland was not asked whose hops these were, and how he got them? - I do not know.
Court. When Hayland was charged with stealing hops that were found upon him, did nobody ask him where he had got these hops, and whose they were? - That was asked of him, I believe before, and he had acknowledged before to the officer.
Prisoner Cotton's Council. You was not present? - The officer is in Court.
When Hayland said he had sold a bag of hops to Cotton, then there was a search warrant made out.
Court. Were no questions asked? - I cannot say there was.
When a man is charged for felony, and tells where he has sold the goods, is it an usual thing in your office not to ask him where he got them? - It is not my place to ask him, he might be asked it, the justice examined him, I do not recollect his being asked it. - Was he present when that bag was brought back? - I really am not quite sure.
Take time and recollect, Sir, you as a justice's clerk must know what it is your duty to attend to? - There is another besides me, I do not do all the business.
But you was present then, was Hayland there when Cotton and the bag was brought back, that is a plain question? - Upon my word, I cannot say directly.
Did Hayland ever see in your presence that bag that was brought back? - I think he did.
Recollect, Sir? - I did not expect to be called upon here.
You must expect it, it is your duty to be called upon, for what purpose are examinations taken before a magistrate? - That is very true, Sir.
Samuel Yardley .
Prisoner Cotton's Council. Your business is to be Justice's clerk and witness I see? - I did not expect I should come here.
Why sitting at the office you was as great a man as the Justice; you sit with a pen and take down every thing that is said? I did not take down any thing.
You only took the shilling for the oath, I suppose, was the information of Hayland taken down in writing; upon your oath? - I do not know that it was, it was not by me.
I do not know what kind of clerk you are, you are but a very bad witness; do you know it was not? - It was done all that was necessary; the examination of Hayland was taken down and returned.
What did you say to this man before his examination? - Sir!
Answer my question without making me repeat it twice; What did you say to the man before his examination? - Nothing that I know of.
Why are you so guarded? - I speak the truth.
I wish you would; upon your oath was any thing said to him? - Not to my knowledge.
Then you do not know it was not? - I heard what was said in the office at his examination, I cannot say I listened to all of it.
Is the examination returned? - No, it is not.
Was you present when this bag of hops was brought back from Cotton's? - I was.
Then cannot you recollect whether Hayland was there, and acknowledged he had sold it to Cotton? - I recollect he acknowledged he had sold it to Cotton, I do not know that I saw the bag any more.
Prisoner's Council. How long ago was this, this time twelvemonth? - May be about a week ago.
Court. What, and cannot you remember? No, I cannot say I can.
- WADE sworn.
I brought this bag to the office; Cotton's partner was there: I never saw Hayland to my knowledge.
BRAND VALENTINE ROBINSON sworn.
I am clerk to the brewery, I had a search warrant made out upon an information, and I went with Wade and another to Mr. Cotton's brewhouse, and I found a bag there that I knew to be the property of my master; I came back and brought Cotton's partner, Cotton himself was not at home, in the evening Cotton came; the search was made last Monday.
Prisoner Cotton's Council. You was at the office when this bag was brought back from Cotton's? - Yes.
Do you know Hayland? - He was not there at that time.
Was he at any time there after that bag was brought back? - I have never seen him since the bag was brought back, except today.
Was that bag found at Cotton's the property of Thornton and Co. - Yes.
When was it lost? - The bag that was found on Cotton's premises was missing and several others.
Do you know this to be one of your bags? - Yes.
In what situation did you find it at Cotton's brewhouse? - There was two or three bags laid before it.
Court. Were they hid any where? - They were laying openly.
Like any other bags? - Yes.
Prisoner's Council. How came it to be charged so far back as the 15th of October? - The receipt for the bag to Cotton is dated the 15th of October.
Court. Could it have been so long without your missing it? - Yes, it might have been longer.
Court to Hobbs. Can you recollect this, when Hayland was brought to the office with the bag of hops found on him, was there any promise of favour made to him,
- WHITFIELD sworn.
I am servant to Yates and Brown, Hopmerchants; Mr. Thornton's brewery deals with them, I have seen that sack, it is one of Mrs. Yates's sacks.
Court. You are sure that sack was sold to Mr. Thornton? - I am clear of it.
Prisoner's Council. How long ago? - Sometime about March, 1781.
You deal with many other brewers do not you? - Yes.
And you let them have hops with your marks on them? - Yes.
You mark them? - No, my fellow servants do
There are other hop-factors besides you, are not there? - Yes.
You did not put this mark on this sack? No, but I was by when they were put on, I was by all the sacks that were weighed at that time.
Court. Here is no evidence to affect Cotton.
PRISONER HAYLAND's DEFENCE
I am very innocent, I have neither friends nor money.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
125. EDWARD WHITEHEAD was charged on the coroner's inquisition, for that he, on the 27th of December last, upon John Vanderplank , in the peace of God and our lord the king, then and there being, did make an assault, and with both his hands on the head and body of the said John Vanderplank , did bit, strike and beat, and by such hitting, striking and beating, did cast and throw down to the ground him the said John, and by such hitting, striking and beating and casting to the ground, him the said John did kill and slay.
Did you know the deceased John Vanderplank ? - Yes.
Do you know the prisoner? - Yes.
Was you present when there was any kind of quarrel or affray between the deceased and Whitehead? - Yes.
When was it? - On the 26th of December; I was not at the beginning of the quarrel, I cannot tell the occasion of it, when I came into the room, the deceased was using very bad language to the prisoner, he wanted him to fight, the prisoner said, he would not fight him then, he had a lame hand, he used a good deal of abusive language, and insisted on fighting him, he said, he would not fight him; then the prisoner got up, and the deceased flung his legs on the seat where the prisoner was sitting, and with an oath told him, if he attempted to sit down again, he would strike him; the box was narrow, the prisoner slided down to recover his seat again, in consequence of which the deceased hit him with his flat hand on the top of the head; the prisoner then held up his elbow, and the deceased gave him a blow in the face, they then went to fighting; the watchman some time afterwards came in, at that time a gentleman that was there caught hold of the deceased, and held him for some time, I recollect that at that time, the prisoner said where is your Vanderplank; the deceased in struggling got from the party that had hold of him, and they ran together, and the deceased fell backwards, and I never heard him speak afterwards.
Court. Is there any body here that saw any blows given immediately, and previous to the man's falling down? - No.
Did any of you see any thing more than has been related by this witness? - No.
Court. Then it is in vain to ask any of them, let the surgeon stand up. - There is no surgeon here; I recollect the coroner
Court. Did you see any blows struck, from the time they had been first parted, to the time they set to it again? - No.
During the second time did you see any blows? - They rushed at one another, and the deceased fell; I do not know whether any blow passed or not.
Did none of you? - No, my Lord.
Court to Jury. There is no surgeon here to account for his death; it should be made out to you, that the deceased actually came by his death in consequence of that affray: when men are in violent passions, it may occasion the breaking of a blood vessel, and may bring on deadly symptoms.
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Guilty > lesser offence
126. SAMUEL PEYTON was indicted for feloniously stealing on the 13th of January , one piece of woollen striped cloth, called moreen, value 44 s. the goods of Philip Stinson , and Philip Abbott , in the dwelling house of the said Philip Abbott .
What business do you follow? - An upholsterer .
Who is in partnership with you? - Philip Abbott .
Did you lose any thing on Monday last? Yes, a piece of moreen.
How many yards? - Twenty-four.
Where was the cloth? - Upon a chest of drawers in the shop, about the middle.
Any other partners but you and Abbott? No.
Who does the house belong to, to Mr. Abbott? - The house belongs to both, but Mr. Abbott lives in it.
How belongs to both, you do not dwell in the house? - No, my Lord, I live in Featherstone-buildings.
The house is kept up at the joint expence of you both? - Yes.
Then your house I suppose is paid out of the partnership? - No, but we both pay the rent of the house.
In what manner did you lose this out of the house? - When I was coming from dinner on Monday, about half after two o'clock, and came to the shop door, I was going to scrape my feet, but I cast my sight into the shop, and I saw a man standing, reaching over a Pembroke table: a piece of moreen lay upon a chest of drawers, and I saw the prisoner reaching over to the piece of moreen, to turn it about, as it lay upon the drawers; when he got it near him, he took out a pocket handkerchief, laid it on the piece of moreen, and put it under his arm; he came out of the shop; I drew myself a little way from the door, so as I could see him; I took hold of him by the collar, and asked him what he was going to do with the piece of moreen; he answered, what is that to you; I asked him, who gave it him, he said, it belongs to me; then I told him, he should walk into the shop, and I would let him know who had the greatest right to it. Mrs. Abbott, my partner's wife, was sitting in the little room at the end of the shop, at work: she never saw him, though there is nothing but glass; I called to her, and she came out immediately; I desired her to call somebody to my assistance, she immediately went over the way to the publick house, and called Mr. Hardy, who keeps it, and he came, and met with Mr. Fagan, a baker, next door but one; they both came in; I had the prisoner then, with the piece of moreen, which I believe he dropped just as they came in, from under his arm.
Court. When you took him at the door, he had the piece of moreen? - Yes; then I began to examine what he was going to do with it; and he said, some man who was going by in the street, had offered him a
(The cloth produced and deposed to.)
Prisoner's Council. I understood you said you was at the door, when you first saw this young man? - Yes.
In what situation was that parcel upon the counter at that time? - It lay in this paper, folded up in a parcel.
What was the first account he gave you? - He said what is that you.
Not knowing I suppose that you was the master of the shop? - I believe so; I asked him, who gave it him, he said, it is my own.
I understood that you said, that he told you he was directed by somebody that stood in the street to bring it out? - Not when I first challenged him; it was when this man came to my assistance.
Did not he say to carry it? - No.
I want to know from you, whether this boy did or did not tell you, at the time he gave an account of himself, and what his business was, that he was employed by this man standing at the door, to go into the shop, to take it, and carry it to a certain place? - No, he did not.
What did he say? - He said he saw a man in the street, and he offered him a shilling to go and fetch that parcel out; he said at the watch-house, it was some ticket porter that he thought belonged to the shop.
The boy did not attempt to make any escape? - He could not.
But did he? - He could not.
Court. What is the price of this piece of moreen? - Forty-four shillings.
That is the price you sell it at? - No, that is the worth of it.
I was called over by Mr. Abbott; and going by Mr. Fagan's, we brought him with us; the prosecutor Stinton, had got hold of the boy by the collar; he begged and prayed to send for his mother; and he said, he was an honest lad, and would not have done any such thing, if he had not been employed by a man that would give him a shilling to fetch it out of the shop; then he was taken to the watch-house.
PRISONER's DEFENCE.
I was going of an errand to my father's letter founder, at the great A in Drury-lane, a man coming by, said, says he, I will give you a shilling to go and fetch that parcel out.
Court to Prisoner. How came you to tell Stinson that the parcel was yours? - I thought it was a man's that was going to take it away.
How old are you? - Not quite sixteen.
Mrs. Peyton the Prisoner's mother. My Lord, I have attended all day, yesterday and to day; I have five very good children; this boy has but just done schooling; he is sixteen next August, he is with me at home.
Court. What business do you follow? My husband is a stone mason; he has had an asthma seven years; he is almost dead; this is the 21st child, the 21st child; I have been married 35 years, and have been a housekeeper 38 years.
Court. Have you any objection to your son's going to sea? - None my Lord.
GUILTY, Of stealing, but not in the dwelling house of Philip Abbott .
Transported for seven years .
The prisoner was permitted to go to sea, if an officer could be found to take him.
Tried by the first Middlesex Jury before Mr. Justice WILLES.
|Reference Number
ROBERT MOORE was indicted for feloniously stealing on the 24th of December last, one gold watch, value 5 l. one steel-seal, value 1d one pinchback chain, value 2 d. the goods of John Kinghorne , in his dwelling house .
(The witnesses were examined apart at the request of the prisoner.)
I live in Saint Catherine's , the 24th of December I lost a gold watch, it was in my one pair of stairs, the value of the watch is 5 l. it is a gold box and shagreen case: I met the prisoner coming out of my house, with something under his jacket, with his right arm over his left breast; I asked my wife if the dinner was ready, she said no, I said it is half after one, I must be at the custom-house at two, I went up stairs to see what it was o'clock, I had locked the door, and the door was open, and the watch was gone: I asked my wife if she had brought it down, and she said no; then I said it is gone; says she there is a soldier just gone out of doors; says I, I met him: (mine is a private house;) he came for a woman that washes for him; I pursued him over the hill, he had just got into the end of Rag Fair, and I lost him in Rosemary lane; I went into several pawnbrokers and could find nothing of the watch, the woman came home in the evening that lodged in my two pair of stairs, I gave her the remarks of the soldier, what cloaths he had on; I got a warrant and apprehended him in the Tower at roll calling.
Court. She told you who she supposed it was? - Yes, he confessed he stole the watch, and that he gave it to one Moseley (a witness that is here) to sell, and that Moseley sold it at the Ship and Star, the corner of Rag Fair, to a woman with one eye. The serjeant told the prisoner he had better confess, and he confessed all.
- HOLMES sworn.
I am a serjeant, I was informed of this robbery, the prosecutor came after the prisoner with a servant, I went up to the prisoner's were he was asleep in the barracks of the Tower; the prosecutor asked the prisoner if he had not been to his house and taken a watch, which he denied; knowing the man to be in the house, much about the same time, the prosecutor said, it certainly must be him; in a little time he seemed to be very silent and did not answer what was asked him; I told him at last that he had better tell where it was, if he had taken it, that it might be found before it was made away with: he said he had taken the watch, and it was sold to a woman with one eye in Rosemary-lane, but he did not sell it; nor had he any of the money it was sold for, he said the other man Moseley, that is here present, sold it, and had the money; I made him no promise at all.
I was going over Tower-hill, and the prisoner called me, and asked me where I was going, I told him I did not know; he asked me if I would have any beer, I said, I did not care; he went about twenty yards down Rosemary-lane, he met a woman, he touched her on the elbow; she turned round, and asked him what he had got, he said come along; he went to the public house and called for a pot of beer, they went to one side, and turned their backs upon me, and I saw him put his hand in his pocket, and pull out a watch and give it to her, it appeared to me to be a tortoiseshell case, it was not a metal watch on the outside; she put it in her bosom, and went out, and staid about half an hour, and came in again, and put down 18 s. the half guinea he asked me it was good; I said I was not much a judge she asked him for a dram, and he had half a quartern of rum; no more passed.
I live at Mr. Kinghorne's, my husbandThomas Holmes : I told him, and he went with us to the barracks, and told us to stop at the bottom barrack door, and he would get a light, he went up stairs, and made the prisoner get out of bed, and come down, but he did not put on the same cloaths, as he was seen to come into, and go out of the house in: he put on his regimentals, and he had a plain frock, and a round hat on then: when he came down he asked who wanted him, I told him he must be a pretty sort of a man, to come up after me, and go into the landlord's room and rob him of a gold watch; he said what me! I said, yes Moore, do not deny it, as you are very sensible it was you; with that he made a stop for the value of a minute or two, he said no more; I said Moore you had better own to it, and let the watch be got, and there will be no further to do in it.
Court. Was the watch ever found? - No we cannot find the woman.
PRISONER's DEFENCE.
I am innocent of it.
(The prisoner called one witness, who gave him a good character.)
Court to Jury. Gentlemen, the promises made by this woman in the presence of the prosecutor, is just the same as if made by him; therefore you will consider of the evidence, independent of the confession.
GUILTY , ( Death .)
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Not Guilty
128. ELIZABETH CARTER was indicted for feloniously and burglariously breaking and entering the dwelling-house of Stephen Le Clerc , on the 28th of December last, about the hour of twelve in the night, and feloniously stealing therein one cotton counterpane, value 8 s. and one linen sheet, value 2 s. the property of the said Stephen, and one callico petticoat, value 2 s. one linen shift, value 1 s. one linen apron, value 2 s. one laced handkerchief, value 6 d. and one silk bonnet, value 6 d. the property of Mary Thompson , spinster .
At half past eleven, I went to go to bed on the 28th of December, and I locked the street door, I was the last up, the windows were fast: a little after twelve, I was called up by some people that lived in the next room to mine, I went up stairs and missed a counterpane and sheet off the bed that belonged to Mrs. Thompson who lodged in my house up two pair of stairs forwards in a ready furnished apartment, she was not at home; I went down stairs and fastened the street door again, which was shut close with a piece of a poker.
Court. Was the street door locked? - I cannot say, I had locked it before, it was entirely close, but I did not particularly examine it.
That is very odd; then for ought you know the street door was locked still? - I know no more.
Where was your husband? - He was in bed.
Did he get up? - No, he did not hear of it he was asleep.
You did not think it worth while to awaken him on this alarm? - I did not.
Then you could not be much alarmed, neither to awaken your husband, nor see whether the street door was fast; did you go to bed again? Yes.
ELIZABETH BRIGGS sworn.
On the 28th of last month, about twelve the prisoner and Mrs. Allen, and a woman on crutches came into the adjoining house, I was standing at the door, and spoke to the woman with crutches, whose house adjoins to ours, it belongs to me, a pipe maker lives in it; and this old woman lodged in that house, the prisoner stood at the door; Mrs. Allen, who was with the old woman, brought this linen sheet and this counterpane to sell, and I refused to buy them.
Court. Where was the prisoner? - At the door all the time.
Was she within hearing? - She was within speaking.
Did you see the prisoner at that time? - No.
I saw the handkerchief and shift and bonnet, at the prisoner's lodgings in Dyot-street, on Sunday morning after Christmas, about one o'clock; I lodged in the next room, the prisoner came in and waked us, she talked to my bedfellow, but I did not understand what she said, I heard her say, she lost a jacket and petticoat; I saw a flounced petticoat and a bonnet in my room, and a bed-gown; she brought them in her apron.
Court. You said, you was asleep when she came in? - Yes, but she awakened me, and sat down on the side of the bed.
What did she come in for? - I do not know.
What did she say she came in for? - She said she had had no supper, and she desired the woman that was in bed with me, to get up and fetch some bread and cheese, and beer; and she pulled out a handkerchief, and bonnet, and a shift, a petticoat, and a bed-gown she had on, and shewed them.
Did she say where she got them? - She did not say as I understood, she talked very low: the woman's name that slept with me, is Goulden: I made a gown out of the petticoat on the Sunday; and I saw her send the woman on Monday morning to pawn the handkerchief and apron: I never heard whose things they were.
Mrs. Briggs brought this sheet and counterpane to me: I took the prisoner; I took Allen first, I found nothing on her, nor on the prisoner: the prisoner sent for this bonnet, from the lodging where this woman made the petticoat into a gown; a little girl brought the bonnet to the prisoner; I did not hear the prisoner send her for it, but I heard her bid the girl take it back again, and tell her that is not the bonnet, that is the bonnet belonging to Mary Thompson : I stopped the girl with the bonnet, and I brought her back, and shewed it to Mary Thompson : then I went with the girl to see where she had the bonnet from.
Court. Is there any body here that knows that was the prisoner's lodgings? - I believe so.
My door was broke open, and my cloaths taken out of the drawer, and the cloaths off the bed: I am sure I locked my door; it was all cut just by the lock; I went out about nine; I missed the things mentioned in the indictment. The pawnbroker's man is here.
I have a gown which I took in pledge of the prisoner, as I believe, but I am not sure: there was an apron and handkerchief which was delivered up before the gown; I cannot say who brought them, it was not the same person that pledged the gown.
Court to Mrs. Briggs. What became of the things that Allen and the other person brought into your house? - I gave them to Young.
- Young. They have been in my possession ever since.
Why was not Allen indicted? - She gave the information.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
129. MATTHEW CULLEN was indicted for feloniously assaulting William Gray on the King's highway, on the 17th of December last, and putting him in corporal fear and danger of his life, and taking from his person and against his will, a silk handkerchief, value 3 s. the property of the said William .
(The witnesses were examined apart by the desire of the prisoner.)
I am a butcher ; the prisoner and two men came into my shop between nine and ten at night; one of them stood by my lad, and my lad saw him take the meat off the hooks; the lad ran up stairs to me, and told me, that a person had stolen some meat out of the shop; I came down immediately, and then three men wanted a pound and a half of stakes; they asked the price, I told them, 4 d. a pound; they offered 5 d. for a pound and a half; then the three men went out of the shop; and the lad said, I will shew you the man that has the meat. I found them in the Five-fields-row, Chelsea ; the lad went with me, and shewed me the man; they went into another shop: I asked the man, whether he had any thing about him that belonged to me, and he said, no; the other men said to the prisoner,
"damn his eyes, knock him down;" I found he was coming in my face; he knocked me down, and cut my lip, and bit me on my arms, so that I am not well now; and he took my silk handkerchief from my neck; I felt the handkerchief draw off my neck; I could not get up till my lad fetched some assistance; the other men did not beat me that I know of; I was under them; the blood came out of my mouth: the prisoner was taken, and the beef stakes were taken out of his breeches, and the handkerchief out of his hand; he had not time to run away: he held the handkerchief in his hand.
Court. At the time he attacked you, and beat you, did he not ask you for money, or any thing? - No, he did not.
Then he laid hold of your handkerchief, by collaring you? - It was just tied in one knot; he drew it off.
Describe as clearly as you can, whether he seemed to draw your handkerchief off on purpose to take it, or whether he drew it off by pulling you? - He never threw me at all; I had hold of his collar; I found the handkerchief draw off, as I lay on the ground.
I was with the last witness; I am turned of fourteen; the prisoner, and two more came into the shop, and asked me for two pounds of beef stakes, I cut them some presently; I saw the man take two bits of meat in the shop; my master and me went and pursued them; I did not see the prisoner take the handkerchief off; I saw him knock my master down: I was in the Three Compasses, a publick-house; and the prisoner had the handkerchief in his hand, doubled up, he held it open like, just squeezed up together; you might see a little of it: I heard him say nothing.
I was at the Three Compasses, at Chelsea; I was called out, and when I came to the prisoner, he was standing up, and I took him by the collar to the publick-house; I searched him, and found some beef stakes in his breeches: I found a silk handkerchief upon him, and I took it from him; and
(The handkerchief deposed to.)
PRISONER's DEFENCE.
I went into the prosecutor's shop to buy a couple of pound of beef stakes, and I could not agree with him; he followed me, he knocked me down; I stood in my own defence: I picked up a handkerchief, and I thought it was my own; I carried it open into the first publick-house; I lost a handkerchief at that time, of the same colour as he did: the next morning as soon as it was day light, I sent for my master, and he went to this man, and this man offered to make it up for half a guinea. My master is present.
(The prisoner called five witnesses who gave him a good character.)
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
130. THOMAS MILTON was indicted for feloniously stealing on the 8th of December last, one hempen bag, value 2 s. and 280 lb. weight of hops, value 9 l. 7 s. 6 d. the goods of Henry Goodwin , James Bracey Perry , Erasmus Maddox , and Thomas Thornton .
BRYAN VALENTINE ROBINSON sworn.
I am servant to Messrs. Goodwin and Co. On Friday the 10th of January instant, we missed a bag of hops; they were kept at Ratcliffe-cross , in warehouses; we suspected the prisoner from the acknowledgement of Le Cane; I had information that this bag was lodged at Le Cane's, and that he had purchased it of the prisoner and another, one Beamey; in consequence of which, I and Samuel Yardley went to the coal shed, which this Le Cane keeps in Whitechapel, and there we found the bag which is now produced, which is my master's property.
Court. How lately had you seen it before the 10th? - I had not seen it lately.
Then how do you know but it might have been lost a good while ago? - From the confession of Le Cane having purchased it; I saw them in March or April, 1781: Le Cane afterwards surrendered himself, and acknowledged that he bought them of Milton and Beamey; he was to give at the rate of 4 guineas an hundred.
How much were they worth a hundred from hop factors? - The valuation was 3 l. 15 s. it seems he had been deceived in it; they persuaded him that they were smuggled, but that they were worth a great deal more.
I know no more than the last witness has told your Lordship.
Court. You are a coal merchant? - I deal in coals.
You do not deal in hops then? - No.
How came you to buy these hops? - I bought them of Thomas Milton and James Beamey .
How came you to buy them? - They came to me, and asked me to buy them.
What did they say to you? - They told me they had a bag of hops, and they thought I should get a guinea or two by them if I bought them.
How came they to apply to you who are no dealer in hops, to buy these hops? - I knew them down at the coal wharf; they told me they were worth more than 4 guineas a hundred.
What made you think that these men would sell them for less than they were worth? - I did not know they would.
Why, that was your reason for buying them; you would not use such a quantity of hops in seven years? - No, I imagined by what they said, that I might gain a guinea by them.
How did you suppose that they came by them? - They told me that they were smuggled, and that they came from Farnham; and I believed them to be so.
PRISONER's DEFENCE.
I never sold any hops in my life.
(The prisoner called one witness who gave him a good character.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Not Guilty > no prosecutor
131. ANN TIMBERLANE , HENRY TURNER , and GEORGE RAYMOND were indicted for feloniously stealing on the 26th of August last, one linen gown, value 10 s. one cotton gown, value 10 s. two silk cloaks, value 12 s. five pair of cotton stockings, value 2 s. one muslin apron, value 1 s. two silk handkerchiefs, value 4 s. and one stuff petticoat, value 6 s. the goods of Ann Brady , widow ; and one laced handkerchief, value 4 s. one pair of cotton stockings, value 2 s. one pair of silk stockings, value 4 s. and one pair of linen pockets, value 1 s. the goods of Ann Welbrook , spinster .
The prosecutors not appearing, the prisoners were
The recognizance was ordered to be estreated; but the prosecutors coming within five minutes after, and deposing, that they came six miles, and could not get a coach, and that it was a very bad morning, the recognizance was discharged.
|Reference Number
|Not Guilty; Guilty
|Miscellaneous > fine; Imprisonment > hard labour
132. ELIZABETH DAVIS and ELIZABETH PASS were indicted for feloniously stealing on the 7th of December last, one silver watch, value 20 s. and 7 s. 6 d. in monies numbered , the property of Thomas Humphreys .
I know the prisoner; on the 7th of December, I was robbed of a silver watch, in Newtoner's-lane , about one o'clock in the morning: after I had done my work, I went to the lodging of an acquaintance, and as I came back, I went to Davis's room, and I agreed to go to bed with her for a shilling; and I sent the prisoner Pass, to fetch a pint of brandy hot; and while the other was gone for the hot, Davis picked my pocket, and bolted down stairs, pretending to let the other in: I know she picked my pocket; I am sure I had the money in my pocket; two half crowns, two shillings, and a six-pence: I was on the bed, I was not undressed.
Court. In what way did she pick your pocket? - While I was laying on the bed with her.
Could not you have stopped her, when you found she was picking your pocket? - I did not find it.
Did she take your watch too? - No, the other brought the brandy hot, and she took me to her room; she said, she would help me to the other, and get my money again if she could: then I went to her room, and lay on the bed with her; and she took my watch out of my pocket, and handed it to another that was at the feet of the bed; and the other woman that she gave the watch to, went away; then I went down and called the watchman; I charged him with Pass; and then the prisoner Davis came up to her room, and they were both taken to the watch-house. I never had my watch again.
PRISONER DAVIS's DEFENCE.
There have been people here, but they cannot stay any longer.
I have no witnesses.
Court to Jury. These are two separate larcenies; if the prisoners had been both in the room, it might have been presumed that they were both concerned in the business; but they cannot be principals to any larcenies when they were not present: now you see by his account, he was robbed by each separately. You cannot find them guilty on this indictment; but you may find either of them guilty, and acquit the other.
To be fined 1 s. and confined to hard labour six months in the house of correction .
Tried by the second Middlesex Jury before Mr. JUSTICE ASHURST.
|Reference Number
|Not Guilty > no prosecutor
133. JOHN WATERS was indicted for feloniously stealing on the 13th of December last, a carcase of a sheep, containing eighty pounds weight of mutton, value 20 s. the goods of Joseph Watts .
The prosecutor not appearing, the prisoner was
The recognizance was ordered to be estreated.
|Reference Number
|Guilty > lesser offence
|Miscellaneous > fine; Imprisonment > hard labour
134. ELIZABETH MERCHAM was indicted for feloniously stealing on the 13th of December last, one silver watch, value 40 s. and 7 s. in monies numbered, the property of Thomas Friend , in the dwelling-house of Eleanor Jordan , widow.
I know the prisoner; I was robbed by her; I am an unlettered man; I do not know exactly the day of the month, I believe it was five weeks last Monday; it was in Blue-court, Holborn .
Court. How came you there? - She enticed me there; when I came in the room she asked me for something to eat and drink, I told her, I could not afford to give her any thing to eat, but a pint of beer she might have, and we had a pint of beer; and then she asked me what I would give her, and I could not afford to give her but 6 d. and 6 d. I gave her; then she fastened up the door, and put the candle out, and we went to bed; and I took my breeches, and laid them under my head; and my money and watch were in my breeches; it was a silver watch, I was offered three guineas for it: I fell asleep, and she took this watch and money out of my breeches; I awaked when the watchman went three, and she was gone, and my breeches laid on the pillow, and my money and watch were gone; in that situation I was not willing to leave the room, for fear any thing should be laid to my charge, till the landlady came to see whether all her things were there; which she did, and found them all there; and I found this purse that my money was in, and a farthing on the floor: it was the prisoner's lodging; the landlady went with me to the justices: I was on the search after the prisoner, from the Monday to the Friday: on Friday she came to the same place again, and hired another room, and the landlady let me know, and I took her up. I never was along with any other woman but this.
PRISONER's DEFENCE.
The houses are ready furnished; they belong to one Lacey, they do not belong to Mrs. Jordan. I have no witnesses.
GUILTY, Of stealing, but not in the dwelling-house .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
135. GEORGE HAYLAND was indicted for feloniously stealing on the 10th of January instant, one hempen bag, value 2 s. and 280 lb. weight of hops; value 9 l. 7 s. 6 d. the goods of Henry Goodwin and Co.
I am a partner in the brewing trade, with Henry Goodwin , James Bracey Perry, and Erasmus Maddox ; they lost a quantity of hops, but we first discovered it on Friday the 10th of January, when we came to count our bags over, we missed eleven bags; our clerk can particularize the bag better than I can.
BRYAN VALENTINE ROBINSON sworn.
I am clerk to the brewery; we missed several bags on the 10th of January; and I was desired to count them over: the prisoner at the bar was found with one of the bags upon him.
Last Friday week, in the morning about six, I was patroling the street; and in Whitechapel I stopped a horse and cart; the prisoner at the bar drove it; I asked him who it belonged to; he said, he was going to carry hops, to one Mr. Chase, a brewer at Tottenham; I told him I believed it was false; I permitted him to go on; and I followed the cart unknown to him, into Bishopsgate-street; the cart stopped there; then I told him that I saw he was not going to Tottenham; and I took him by the collar, and told him, he should go with me before a magistrate; he told me, if I would let him go, he would tell me the truth about the robbery; I told him I should not let him go, and I would know the truth likewise; we went into a publick house, and the prisoner told me, he took them that morning from Ratcliffe-cross, out of a warehouse; he and Milton, (who was convicted this morning) I found by enquiring that these premises from whence they were taken belonged to the prosecutors.
(The hops deposed to, the value of them is 9 l. 7 s. 6 d.)
PRISONER's DEFENCE.
I have no witnesses; I leave it to the mercy of you and the gentlemen.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Guilty; Guilty
|Miscellaneous > fine; Imprisonment > hard labour; Imprisonment > house of correction
136. RICHARD BARNARD was indicted for feloniously-stealing on the 22d of December last, one silver watch, value 20 s. one steel chain, value 2 d. and one pair of brass compasses, value 6 d. the goods of Gerrard Proudfoot . And JAMES CHURCH was indicted for feloniously receiving the said goods, knowing them to be stolen .
GERRARD PROUDFOOT sworn.
I live in White's-yard, Rosemary-lane ; on Sunday was three weeks, I lost a silver watch; the prisoner Barnard, and two more lads were in the court playing; he came up to me; I live in the one pair of stairs; he said, Mr. Proudfoot, how do you do, have you heard from your son lately? I told him, I had had two letters, and he was at Barbadoes: he said, what is it o'clock; my watch was hanging up out of his reach; I bid him look, says he, your watch is down, I said, I believe it is; I took down my watch,
I am one of the beadles of Whitechapel; last Sunday was three weeks, the prosecutor brought the prisoner Barnard to me; I went to the watch-house with him; I told him, he had better tell where the watch was, and have no further trouble about it; he said he knew nothing about it; I then searched him, and found these compasses, and these three keys, which the prosecutor said, were his property: on the Monday we carried him before a magistrate; and when he was committed, he said, if you will give me a little time, I will tell you where the watch is; we stopped about half an hour, and he spoke to his brother and his father; and said, if they would go with him to the top of Tower-hill, he would shew them where the watch was hid; we went there, and went down to the ditch side, and we searched about; at last he turned to a large hole, where there was a stone laid by the side of it; and he said, this is the hole where we hid the watch; but good God! says he, it is gone! says I, who was along with you, and he said, James Church , and George Reynolds ; and presently we saw them; I seized them both; and Church said, one Britt who is not taken, took the watch out of his hand, and sold it for half a guinea; gave him 3 s. and carried Reynolds 3 s. at his mother's house.
Court to Prosecutor. What is the value of your watch? - I value it at 20 s. it cost me a great deal more.
Court. What age are you? - I was 13 on Christmas day.
What is an oath? - I do not know rightly what the meaning of an oath is.
When you take an oath to speak the truth, what do you think would happen to you if you was not to speak the truth? - I shall go to the Devil, sir.
Mind that you speak nothing but the truth, and tell us what you know about this watch? - I was going to Ratcliffe highway and James Church along with me, and I met the prisoner Barnard in Gracechurch Alley, and I asked him to go along with me, and as we were going, Barnard said, stop for me while I go up to Mr. Proudfoot's; and he came down in a flurry, and said, he had a watch in his breeches; and we immediately ran over Tower-hill, and I saw him hide it in a hole; we came back and played in the same place, as the gentleman should have no suspicion about his watch being lost; and Mr. Proudfoot came down and caught hold of Barnard, and this James Church , and I ran away; and I ran home, and I afterwards heard Church say before the Justice, that he told this Britt where the watch was hid, I was not with them when they took the watch, then they came and called me out of my own house, and gave me 3 s. of the money.
PRISONER BARNARD's DEFENCE.
I went up to that Gentleman's house to ask him how his son did, I went into the
PRISONER CHURCH's DEFENCE.
That gentleman told us to say, that we found the watch on the side board of the necessary.
(The prisoner Barnard called one witness who gave him a good character.)
To be fined 1 s. and confined to hard labour six months in the house of correction .
To be imprisoned two years in the house of correction .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Miscellaneous > fine; Imprisonment > newgate
137. THOMAS DAVIS was indicted for that he on the 3d day of January instant, with force and arms, one piece of copper money of this realm, called an halfpenny, unlawfully and feloniously, did make, coin, and counterfeit , against the form of the statute.
A second count for that he on the same day, one piece of false, feigned, and counterfeit copper money, to the likeness and similitude, of the good, legal, and current copper money of this realm, called an halfpenny, unlawfully and feloniously, did make and coin, against the form of the statute.
On Friday the 3d of this month, having information that halfpence were making at one Davis's house, in Tower-street ; we went there, and found the prisoner Davis in the back parlour; I left a person to take care of him, and went down to the cellar immediately, where I found a door locked; I came up again, and I asked him, if the cellar was his, he said, no; I asked him who he had let it to, he said, he did not know; he then recollected, and told me, he had let it to one Smith; I then saw some keys hanging by the bed; and I asked him whose keys they were, he said, they were his; I took the keys down, and one of them opened the cellar door; after we had opened that door, we went out of that cellar, into a vault for coals, which joins to the cellar; in this vault there was a large press with some dies fixed, and a blank between them, and some blanks laying round it; in the fore cellar in a cupboard, lay a vast quantity of five shillings papers of halfpence, near a cloaths basket full, all packed up upon a kind of a table which stood near to the middle door, lay some pattern cards, the same as the taylors shew with cloth; and little pattern cards of buttons.
Court. What, is Davis a taylor ? - Yes, my Lord.
Prisoner. Upon that gentleman's oath, where were these pattern cards found? - In the first cellar which joined to the vault where this press and flies were found, and where the cloaths basket was.
- CARPMEAL sworn.
I went to this house, I stopped in this parlour first.
Court. Do you know whose house this is? - We understood it to be Davis's that he was a Taylor, and dealt in buttons and cloth and what not, a salesman; when we got into the parlour there was his wife and he standing near together, and I saw his wife shuffle, as if she wanted to put
Prisoner. Where did you see the card with the patterns? - In the locked place where the press was; they were laying on a table.
I searched the prisoner; I found these bad halfpence on him.
Produces the dies: I was there and saw the press; there was a whole apparatus compleat for coining.
Look at these halfpence found in the man's pocket. - They were struck off the dies we found there; they brought me word down, that the prisoner said, he let the cellar to one Smith: here are three of the halfpence that were made from that die; and all these were coined from that die; these were the dies that were found in the closet, where the large quantity of 5 s. papers were; I never saw such a quantity before.
And you have seen a great many? - I have; there were an hundred 5 s. papers.
They sell them six for a guinea, do not they? - Yes, they were laid up in sixes.
Court. Are these counterfeit halfpence! They are; I should suppose the copper of these is worth ten-pence, or ten-pence halfpenny a pound; at the Mint, they pay sixteen-pence, or sixteen-pence halfpenny a pound.
PRISONER's DEFENCE.
My Lord, I am rather struck with awe, that I can hardly vindicate my own cause in this awful assembly, but as far as truth will go, I will endeavour to throw a little light on this affair. I kept a house in the mercery and haberdashery business, in Meard's Court, Soho; it was too much, I determined to quit it; I took this apartment, I agreed for four shillings a week, and then by the quarter: I put up a bill to let the kitchen, and two men came and looked at the apartment, and my wife let it for half a crown a week; this I can prove by a person that was present at letting the apartment to a man, who said his name was Smith, but which it afterwards turned out was not his name: I told the man instantly when he asked me, that it was let to a Mr. Smith. The witness says I am a taylor, I deny it: the street door stood always open, and I was in the same dress I am now; the keys were mine, and if one of them opened the door it is more than I knew: my wife has since seen the man in the street that I let the cellar to, and his name is Chamberlayne; she dodged him to his apartments, he told her to come in two hours; she went in one hour, and at the end of the street she saw a coach and goods hanging out of each side of the windows; before she could get at this coach, they drove off, she took another coach and drove after it, it drove somewhere towards ton: my wife is big with child; the coach stopped at the top of St. John-street stopped short of it, and did not proceed after them only to see where they went into; presently the Leicester and Nottingham waggon came up, and these goods went into that waggon, and she came up immediately with the woman: the coachman told her,
Court. How came you by these halfpence that were found in your room? - I am much obliged to your Lordship, quarter-day coming on, as the man came frequently up and down, she asked him for the rent, he gave her these halfpence, she objected to them at the time, he told her he had no other money, and if she would endeavour to take them, when he returned he would take them again; I believe she had about twenty shillings worth, he had been eleven weeks the Tuesday before Christmas day: the halfpence that were found on me (I had no more than six-penny worth) I took a few to put off. They took all my money and kept what they pleased. I can prove that any business is quite a different way, that I never knew any thing of coining.
Court. Have you any witnesses to prove that this man had the possession of this place? - Yes, my Lord.
I have known the prisoner between three and four years by serving him with haberdashery goods, I know no further.
Prisoner to Mrs. Marsh. Do you recollect any thing about any person coming about an apartment that I had to let? - I was there at the time in Tower-street, when a man came and knocked at the door, and asked if there was an apartment to let, I told him there was a kitchen, I did not go down with him, Mrs. Davis went down with him, there was a bill on the side of the door to let a kitchen; this was sometime in October about the middle: Mrs. Davis desired him to call at 8 next morning, as Mr. Davis was not at home; he seemed very anxious to have it, and said, he would give half a crown a week: I never saw him above once after that. The prisoner took a garden at Bethnal Green, and there was a bright key belonging to it, I cannot swear to the key, (the key shewn her) I do not think the key of the garden was so big as that, (looks at the other keys) that is more like it.
Court. Which was the key that undid the door? - This lost.
(The prisoner called three witnesses who gave: him a good character.)
To be fined 1 s. and imprisoned twelve months in Newgate .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
|Reference Number
|Miscellaneous > fine; Imprisonment > newgate
138. ANN ROSAMOND (wife of Francis Rosamond ) was indicted for that she on the 20th of December last, with force and arms 716 pieces of false and counterfeit copper money, each of them made and counterfeited for the good, legal and current copper money of this realm, called an halfpenny, not having then melted or cut into pieces, then and there did unlawfully sell, pay and put off to one George Prince Bentley , at a lower rate or value than the same by their denomination did
Another count, for that she, on the 20th of December last, with force and arms 716 pieces of false, feigned and counterfeit copper money, each of them made to the likeness and similitude of the good, legal and current copper money of this realm, called an halfpenny, not then melted or cut into pieces, did unlawfully sell, pay and put off as aforesaid.
(The witnesses examined apart at the request of the prisoner.)
Do you know Mrs. Rosamond? - Yes, she lives at the Boot alehouse in Grub-street ; I went there, to the best of my knowledge, on the 20th of December, for the purpose of buying a guinea worth of halfpence; I went in and called for a penny worth of purl, and Mrs. Rosamond was in the bar, and I told her I came from one Thomas Hatton for a guinea worth of counterfeit halfpence.
Did you go to make a discovery? - I thought it was a shame they should be carried on, I had before informed Mr. Justice Wilmot of my suspicions, she asked me, which I would have, them at twenty-seven shillings, or them at thirty shillings? I told her those at twenty-seven shillings, she said, she had none at twenty-seven but only at thirty.
Court. Did you speak this loud or open? I spoke it so that one that went in with me might hear me, he called for a pint of beer about five minutes before I went in; then she asked me whether they were for town or country, and I said it did not matter, I told her then I would have them at thirty, as it was for the country they would do as well: then she asked for the guinea, and she said she would go and fetch them; I asked her if I might go with her to fetch them, and she said, no, it would not do, for the poor men had had lately most of their tools taken away, and had very few left.
Court. Did she know you at this time? No, I do not know that she did, I went and sat down and drank my penny worth of purl, and in a few minutes she came and told me the halfpence were come, and the person that brought them who was a woman, asked who they were for, and Mrs. Rosamond said, I was the man, and she asked whether they were paid for, and Mrs. Rosamond said, she took the guinea for them, and then they were delivered to me by the woman, by Mrs. Rosamond's order, and I gave them to one Abraham Shaler , they were in one parcel, there were six little papers; there wants two halfpence to make up the number, one of the papers had four in too many, and one of the others had two too little.
Court. How many halfpence is thirty shillings worth? - Seven hundred and twenty.
Then there were four short, according to this you had only 716. - I counted them at Mr. Wilmot's office before this.
How many were there? - I do not know, I told Shaler to take them home to my lodgings; as he was going out, two of Mr. Wilmot's officers stopped him, and insisted on knowing what he had.
Court. Mr. Wilmot knew of your going there? - Yes.
Prisoner's Council. What is your business? - A baker by trade.
Do you follow the business of a baker? - No, I had a bad leg for two years, I have been in his Majesty's service, and have had some money left me by my friends, I have kept a chandler's shop, and sometimes a public house.
Have you ever done any thing else? - No.
So you could not follow the business of a baker, because your leg was bad? - No.
Are not you a runner to Mr. Wilmot's office? - No, I never did any business for his office.
Did any woman go in first? - Not along with us.
Did any woman go there to enquire for you? - No.
Was there any woman at St. Paul's publick-house? - Nobody at all.
These halfpence were tied up? - Yes, they were delivered in one parcel.
Quite close tied up? - Yes.
They were given to you by another woman? - Yes, by Mrs. Rosamond's orders?
Was the guinea marked? - Yes, I never saw the woman before.
Was you ever in company with the woman before? - No.
Was there any body with that woman? Nobody that I saw.
You say the constables were ready at the door? - Yes they were in waiting.
Were there any people at the publick-house at that time? - I believe there was a few.
Was there any body at the bar? - Nobody but Mrs. Rosamond.
I was at this house in Grub-street with the last witness, he told me he could buy counterfeit half-pence, these twenty-seven shillings for a guinea; he called for a pennyworth of purl, and I for a pint of beer, I sat facing the bar, he went and asked Mrs. Rosamond for a guinea worth of counterfeit halfpence, she asked him who he came from, he said Hatton; she asked him whether he would have seven and twenties or thirties; she said she would acquaint him whether there was enough in the house in a few minutes; then she went and came back directly, and said if they were for the country, it would be but a little odds; he made a reply, and said he did not care which he had, she said they would be ready in five minutes, then she called to him, and said they were ready; there was a woman stood with them in her hand, and Mrs. Rosamond said, this is the man, I am paid for them, give them to him; I heard her before that ask him for the guinea, I saw him put his hand in his pocket; but did not see him give her the guinea, he gave me the halfpence, and bid me take them home to his lodgings, and as I came out Jacks took me.
Prisoner's Council. How came you to go there? - I thought the affair should be brought to justice.
Had not you heard of the reward in the advertisement? - I know nothing of no advertisement.
You went at the instance of the officers? They were just by.
Whose guinea was this? - George Bentley 's.
Was it a marked guinea? - Yes.
Who marked it? - I did, Yardley saw the mark.
I took the halfpence from Shaler, I have got them.
Court. Have you counted them? - They were counted before the justice, they have been sealed up and kept close ever since; I took her into custody immediately.
Prisoner's Council. There was no guinea found on her? - I did not ask her any thing about a guinea.
Why did not you carry Mr. Rosamond before the magistrate? - I did not know whether it was proper so to do.
The halfpence ordered to be counted, amounting to 717.
Court. The indictment says 716.
PRISONER's DEFENCE.
My Lord, there was a woman came to my house a little before Bentley came, and enquired for him, and asked if there was not a man in waiting, I told her no; she said she expected a man to come, and if he came, she desired I would send for her: About ten minutes after Bentley came in,
Court to Bentley. Is this true? - No, it is all false.
(Mr. Richard Franklin , one of the moniers of the Mint, proved the halfpence to be counterfeits.)
Have you been in court? - No.
Was you present when Bentley came into this publick house and Shaler and Delaforce? - All that I know of it was concerning one of the gentlemen that belonged to Mr. Wilmot's, he came to Mr. Rosamond's, and signified that he had it in his power to settle all this matter, his name is Delaforce; he said he could put it on one side for a trifle of money; he told me so.
Did he talk about this business at all, as if he knew Bentley or the other? - He said he knew them, he said he was the person that the guinea came through: I went to hear the examination before Justice Wilmot.
Did Bentley say whose guinea it was there? - I did not hear any body say any thing about the guinea there; the prisoner is a publican, and a neighbour, I have known her ever since she was a child; she has a very honest good character, and is a very good neighbour, I have lived in the neighbourhood these 25 years, about five doors off.
Court to Bentley. Was the husband by at the time? - No, sir, I did not see him in the house.
(The prisoner called seven more witnesses, who gave her a good character.)
Court to Jury. The words of the statute are;
"if any person shall buy, sell, take,
"receive, pay, or put off any counterfeit
"copper money, not melted down or cut
"in pieces for a lower rate or value, than
"the same by its denomination imports,
"every such person shall be adjudged guilty
"of felony."
To be fined 1 s. and imprisoned twelve months in Newgate .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
139. SARAH JONES was indicted for feloniously assaulting John Jones , on the 1st of December last, on the King's highway, and putting him in fear and danger of his life, and taking from his person, and against his will, one silver watch, value 10 s. one steel chain, value 4 d. two silver seals, value 2 s. and one base metal key, value 1 d. the goods and chattles of the said John .
On the 1st of December last, between five and six in the evening, I was coming through Soho-square, I met the prisoner, she asked me where I was going, and asked me to go to a place just by, I told her I was going home; then she ran after me to another place called Farmer's Rents , there she put up her apron against her breast; then she opened my breeches, and I put my hand on the chain of my watch, I thought she was going to take my watch, she bid me take care of my watch, and in half a quarter of a minute she ran off, and I heard the chain make a noise; and I missed the watch directly. I placed the buttons that she unbuttoned: I never got my watch again.
Court. Was it dropped? - No, I knew the prisoner six years ago, ever since she was a little child, she used to come to the shop where I was; I am sure she is the
Court. Who advised you to indite her for a highway robbery? - Mr. Walker the justice.
What did she unbutton your breeches with your consent? - Without my consent.
What you stood still? - Yes, her apron was up.
Prisoner. I was coming down St. Ann's-street, and this man laid hold of me, and said, I had taken his watch.
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
140. RICHARD BERKLEY was indicted for feloniously stealing on the 10th of January instant, one silver watch, value 20 s. one steel chain, value 3 d. one stone seal set in gold, value 12 d. one stone seal set in silver, value 3 d. one base metal key, value 1 d. one table spoon, value 4 s. and 12 s. in monies numbered , the property of Francis Matthews .
Prisoner. My Lord, I plead guilty, if there is no impropriety in it.
Court. You know the consequence of your pleading guilty? - No.
You will have the same punishment inflicted on you, as if you had pleaded not guilty, and had afterwards been found guilty.
The prisoner then pleaded not guilty.
I keep a public house , the prisoner lodged with me; on the 23d of October last, I lost a silver horizontal watch, capp'd and jewelled, a steel chain, and two seals, one set in silver, and one in gold, a silver table spoon, and 12 s. in money; I sat in a back room; the spoon I imagine to be taken out of the back room, the watch was in my fob, and the money in my pocket; I did not miss the watch till I went to bed, the prisoner has lodged with me near 23 weeks; he professes something of physic and surgery, the things were found in his trunk: I used frequently to miss money, my wife being ill I was fatigued very much, and used to sit down and take a nap, when I lost the watch I imagined I was asleep, I was loth to tell my wife my losses, and mentioned it to a friend, and he marked some money, in order to detect the thief; on the 10th of this month, I sat down, and the prisoner came and put his hand in my pocket, and took out my money.
Court. Then you cannot speak of the watch, because the watch was lost before; and there is only the offence of the 10th of January mentioned in the indictment? - I shamd asleep at that time, in order to detect him; I both saw, and felt him take the money out of my pocket, and he went out; I thought it was not proper to stop him, because I dreaded some fatal consequence: the next evening he made another attempt, and took some money from my pocket again, I seized him, the neighbours came in, and we searched him, and there was found about him 5 s. of the marked money remaining.
I searched the prisoner; I took out of his pocket 25 s. it has been in my custody ever since.
(The marked money produced and deposed to.)
I have no defence to make.
GUILTY , Of stealing the money.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice WILLES.
|Reference Number
|Not Guilty
141. SAMUEL CAPSTACK was indicted for feloniously stealing on the 9thRobert Toll .
|Reference Number
|Not Guilty
142. GEORGE GRACE was indicted for feloniously stealing on the 17th of January instant, fourteen pieces of gold coin of this realm called guineas, value, 14 l. 14 s. and one piece of gold coin of this realm called half a guinea, value 10 s. 6 d. the monies of Thomas Langley , privily from his person .
I keep the Carpenters Arms, in White-hart-yard, Drury-lane ; about five o'clock in the morning of Friday, I was up making purl in my own house; the prisoner came in, and called for a pot of purl, he paid for it and sat down in the tap room; there were four or five people more in the house, all my customers; I went into the bar and sat down, and fell asleep; and the prisoner awaked me by coming into the bar, and asking for a bit of bread and cheese: there was no money found on any body; the prisoner was willing to be searched as well as the rest.
Court. Then what have you to charge the prisoner with? - Six guineas was found on the floor; and the watchman said, he thought it was the prisoner that dropped it; and seven guineas more were found in the tap room.
I am a patrol belonging to St. Martin's; I had charge of the prisoner only; we went out, six or more; he sent for his sister, and as we were conveying him to the watch-house; the watchman said, here is money dropping, and I caught hold of his sister's hand, which was clinched fast; she flipped her hand, and got it to her bosom; I shook her, and there was money dropped; I cannot say what it was, I believe there might be six guineas; we took him and her into the house; when we took her back, the landlady went to search her, and she took her bosom and shook it, and out dropped seven more guineas.
Are you sure these seven guineas dropped from her? - They were picked up in the tap room; I cannot say whether they dropped from her bosom; I believe they came from her.
The people were all there? - Yes, there were four women, and they were all searched.
Court to Langley. Did you search the prisoner thoroughly? - Yes, and even his hair.
Then where could he hide this money? I cannot say.
Was this before the sister was sent for? Yes.
Was the sister and he in private after she came? - No.
Had she been there that night before? - No.
You did not see the seven guineas drop from the sister's bosom? - No.
I am one of the patrol; I took the prisoner out of the house; I saw him drop no money, but I heard some drop: there was plenty of people; I cannot tell who the money dropped from; I reckon it dropped between him and his sister: but there was a multitude besides.
Court to Jury. If you think there is any occasion gentlemen, I will put the prisoner on his defence; but I do not think there is.
Jury. No, my Lord.
Tried by the second Middlesex Jury before Mr. Justice WILLES.
|Reference Number
|Corporal > public whipping
143. RICHARD BRYAN was indicted for feloniously stealing on the 3d ofHannah Smith .
On the 3d day of January, I lost this bacon out of my shop, about a quarter before ten at night; I heard a noise in my shop; I was in a little back room, and when I came out, I found the shop door open; nobody was left in the shop; I did not miss my bacon till morning; it had hung up by a string, on a brass hook in the front of the shop; the constable brought the bacon to my house about twelve o'clock on Saturday; I never saw the prisoner till I came to the hall.
I am the constable; about ten minutes before ten, on the 3d of January, I was going to look after our watchmen, and I saw the prisoner and two more; the prisoner had a piece of bacon on his head; I caught him hold by the collar with one hand, and the bacon with the other; I looked at him, and he at me; and the others ran away before I laid hold of the prisoner; I took him to the watch-house, and to the Compter the next morning; I carried him before Mr. Alderman Hart, and he ordered me to seek for the owner of the bacon.
(The bacon produced and deposed to by the string.)
Court. What is there particular in the string? - I can swear to my bacon, and to the place where I cut it; I know it by the example of my string hanging in this place.
Court. May not it hang in any place; how is it possible you can swear to a piece of bacon? - I have no particular mark, but my string being tied here; many has them tied in other places: I can swear safely to it being mine.
Does it differ in any thing, from any other piece of bacon? - I know no other difference; but I can swear to the piece.
Is there any body else that knows the bacon here? - No.
PRISONER's DEFENCE.
I had been of an errand, and a man asked me to carry it.
Court. The proof of this bacon, is a very uncertain and loose kind of evidence; though the prosecutrix may believe it to be hers, yet she cannot have a sufficient certainly.
GUILTY , To be publickly whipped and discharged .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty > theft under 40s
|Miscellaneous > fine; Imprisonment > hard labour
144. SARAH JEWSON was indicted for feloniously stealing on the 5th of January instant, two silk gowns, value 3 l. one black silk cloak laced, value, 12 s. two linen gowns, value 15 s. three muslin aprons, value 9 s. three muslin handkerchiefs, value 6 s. one laced muslin cap, value 15 d. one linen shift, value 2 s. one pair of cotton stockings, value 6 d. the property of Thomas Chapman : one silk handkerchief, value 12 d. the property of Matthia Drewitt ; and one pair of stockings, value 12 d. the property of William Paul , in the dwelling-house of the said Thomas Chapman .
As I was coming out of the tap-room of Mr. Chapman who keeps a publick-house ; the prisoner was coming down stairs; it was past six in the morning; and will be a fortnight since, to-morrow; she had nothing in her hands; she had my mistresses petticoat on; I said, this is my mistresses petticoat, no, it is not, she said, old woman:
About a quarter after six, on the 5th of January, this last witness screamed out, you will lose your cloaths; the prisoner was making out at the street door when I came down; I saw she had my petticoat on, and my stays; I asked her what she was going to do with them; she said, nothing: then I ran up stairs, and saw my box open, and the cloaths gone; all my cloaths were in her room; because I have three benefit clubs, and I am obliged to keep their boxes in my room for safety, and it will hold no more; the prisoner said, my cloaths were under the bed; I said, it was a story; I ran up stairs again, and found them all tied up in a table cloth, underneath the bedstead; I sent for a constable: in the bundle were the things mentioned in the indictment; I asked her what she meant by taking my cloaths in that manner; she said, her own wanted mending; and then we sent her to the Computer: she had no business out at that time of morning.
I lodge in this house; and on the Sunday morning I was awaked by the cry of this woman, Sally! Sally! you shall not go out with my mistresses petticoat on; I ran down in my shirt, and stopped her; she had her hand up, undoing the bolt.
Court. Was not it time to unbolt the door? - No, it was Sunday morning, six o'clock; the house seldom get up till between seven and eight; the door was unbolted by a man that went out at four, and spoke to me as he went down stairs: the prisoner had her hand up to the bolt, not knowing it was unbolted: I saw the petticoat, and the stays, and the stockings on her.
(Produces the things.)
I am a constable; these things I had of Mrs. Chapman, on Sunday the 5th instant; who sent for me about half after six; they have been in my possession ever since.
(The things deposed to, except the stockings of William Paul .)
Mrs. CHAPMAN.
I know the stockings by the shape of the legs, they are very large, I will take my oath to them.
Do you know any of the things better than them? - I know these are my husband's black stockings; I do not mark my things, one time in ten.
Court. Then the gentlemen of the jury may judge of the other things by them.
Mrs. Chapman. Here is a black silk cloak; I know it by the make, and the silk, because it is not so good a silk, nor any thing like it, as it ought to be for the money I paid for it: I know it by the lace; this lace I had by me this four years; this is my cap; here is a gown that belongs to me I know it by the stripe by the tucker, which I have had four years; and by the pattern; I never wore it but six hours; it cost me 3 l. 6 s. and this gown I have had four years; it has been altered and mended; 3 l. is the worth of these two silk gowns, at a law valuation; the two linen gowns I value at 10 s. these two muslin aprons; I know one by the pattern, the other is tore; here are the cuffs of this gown, and three muslin handkerchiefs.
PRISONER's DEFENCE.
I know nothing about the things; it was never my intention to go out of the house: I am a stranger in London, and my mistress will bear hard on me; I had the petticoat and stays on; I thought to mend
GUILTY, Of stealing to the value of 39 s.
To be fined 1 s. and confined to hard labour twelve months in the house of correction .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
145. EMANUEL THORNBERRY was indicted for feloniously stealing on the 17th of December last, two pecks of coals, value 8 d. the goods of William Tucker .
I saw a boy take the coals, his name is Frederick Whitebread ; I saw him from the window, put them in a boat, out of Mr. Rogers's craft: he is a gentleman that carts his coals with Mr. Tucker: they were under his charge, and lay at his wharf.
Did you see the prisoner there? - No, the boy went a little way with his boat, and came again, and took more.
When I came home my servant informed me of this; and the Monday following the same boy came again, in the same boat; I saw him, and took him in the craft; I did not suffer him to put them into the boat; I had not patience.
Court. What do you know against the master? - Nothing but what the boy told me; he is here, and his father; the master was not there at all.
Court. This indictment cannot be supported against the master; the boy might have been indicted for stealing, and the master for receiving.
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > private whipping; Imprisonment > hard labour
146. JANE DAVIS was indicted for feloniously stealing on the 16th of December last, one quart pewter pot, value 18 d. the goods of James Price .
On the 16th of December last, the prisoner came to our yard, there is a thoroughfare from Foster-lane to Newgate-street, the Horse-shoe passage ; she looked about her, and there was a table which stands in the yard with 4 pewter pots on it, she walked up to the table and took a quart pot, then she went towards Newgate-street; she came in from Foster lane; I ran after her immediately, and stopped her in the passage, I asked her what she had under her cloak, she said she had nothing, I turned her about, and saw the pot under her cloak; I took the pot from her; I sent for a constable and she was committed; it was my brother's pot, the pot is here.
(The pot deposed to.)
PRISONER's DEFENCE.
Gentleman, I was going through, and the pot fell down, and the gentleman stopped me, and said I stole it.
To be privately whipped and confined to hard labour six months in the house of correction .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty > theft under 1s
|Corporal > private whipping; Imprisonment > hard labour
147. MARIA BOWMAN (wife of William Bowman ) was indicted for feloniously stealing on the 4th of January instant, a quart pewter pot, value 18 d. the goods of William Tribble .
I know very little of the matter, in the morning at 8 the prisoner came to my houseRed Cross Barbacan the 4th of January, she had had a glass of gin, and a man told me in the hearing of the prisoner that she had stole one of the pots, the man's name was Michael Dunn , I laid hold of her, and said if she did not produce the pot immediately she should go to the Compter, she put her hand in her pocket and brought a quart pot out of it, that was my pot, I am positive of it (The pot deposed to by Edwards the constable) she fell a crying, and hoped I would not prosecute her.
I have nothing to say.
Jury. He threatened to send her to the Compter, if she did not own it.
Court. He had a right to insist on the production of his property, if he had searched her, it would have been found there.
GUILTY, 10 d.
To be privately whipped and confined to hard labour six months in the house of correction .
|Reference Number
|Not Guilty > no prosecutor
148. MARIA BOWMAN was again indicted for feloniously stealing a quart pewter pot, value 18 d. and 2 pewter pint pots, value 18 d. the goods of Mary Hawkins .
For want of prosecution.
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > public whipping
149. JOHN JACKSON was indicted for feloniously stealing on the 9th of December last, one bushel and an half of coals, value 2 s. the property of John Eddington the elder , and John Eddington the younger .
I saw the prisoner taking coals out of of Mr. Eddington's craft, on the evening of Monday the 9th of this month; the prisoner was on board the craft, I was on a platform adjacent to the craft; he was putting coals into his sack after he had got as many as there is now in the sack, he twisted the sack up, and lifted them on shore, and he took them on his back, and walked up the Bridge stairs along Chatham-square, and at the corner I stopped him; I asked him where he got them coals, he said they were given him, he resisted; another young man came by, and attempted to help me, he knocked the young man down: I collared him, he threw the coals off and struck me, and he cleared himself of me and ran away; I pursued him; till we got about the second arch of the bridge and I secured him; I am sure I saw him put the coals into the sack, I was about seven or eight feet off him, I was right over him: I could see him clearly.
Prisoner's Council. What are you? - A knot-maker by trade, I am a ticket porter.
Did you know the prisoner's person? - No, I knew a man of the same description.
You mean you had heard a man like him spoken of? - I mean that a man like him had been described as being there several times.
You know nothing of him before? - No.
As you was in that position upon the wharf where the goods were landed, a kind of wharf or platform, I fancy you could not see any person wherever it was that had the coals, from the time that he took them out of the lighter, till he got up where he had got them on the wharf? - You may as well tell me, I cannot see you all the time.
Answer me? - I saw him come up, there was nobody but us two, and I walked close behind him, I think he might be about a dozen yards off, I never lost sight of him, I am quite clear in that.
I leave it all to the Council.
(The prisoner called three witnesses who gave him a good character.
To be publickly whipped and discharged .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
150. WM. COOMBES was indicted for feloniously stealing on the 20th of Dec. last, one wooden trunk, value 2 s. two pair of cotton stockings, value 6 s. one pair of silver shoe buckles, value 14 s. one pair of stuff shoes, value 4 s. one pair of pattens, value 14 d. one cotton gown, value 6 s. one linen apron, value 3 s. three linen aprons, value 6 s. the property of Jane Palmer , spinster.
I was going in Watling-street , about eight, on the 20th of December, the Bath and Bristol coach passed by me, and the prisoner was running after it, and the coach stopped immediately, and the prisoner got up to the basket of the coach and took up a box; I saw him coming off the basket, he fell down to the ground with a box, and I stopped him as he was going off with the box; and he dropped the box, when I had hold of him another man came up the same way and rescued him from me: he ran up Watling-street towards Friday-street; I saw Mr. Brown, a cheesemonger that is now in court at his door, and I cried, Stop thief! and he let him go, and turning into Distaff-lane; I lost sight of him; there was no person but the prisoner, this Mr. Brown and me; he was brought back in about ten minutes.
Are you sure that the man that you saw brought back, was the man that you saw take the box? - Yes I fixed upon him immediately out of a great number of people; I likewise said, he must be dirty, because he was on the ground, I went and pulled his cloaths back, and he was all dirty.
Should you have known him if he had not been dirty? - Yes, I saw his person, he had on an oil skin round hat, and a rough waistcoat.
Prisoner's Council. When was it that you began to take this very particular notice of the man? - When he got on the basket.
I believe it was quite dark? - About eight at night, a lightish night; the prisoner was opposite a lamp, and when he ran past the cheesemonger's shop, I saw him as plain as if it was the middle of the day.
I heard the cry of, Stop thief! and the prisoner ran by, I went to lay hold of him, and he cried, Stop thief! that prevented me from taking hold of him; I and some more pursued him, and he took down Friday-street, and Great Distaff-lane, and across Fifth-street, and was taken on Labour-in-Vain-hill; I did not see him stopped, I lost sight of him, but I saw him brought back.
Court. Was the man that was brought back the same man that you saw at first? Yes.
What opportunity had you of observing him at first? - Our window is a bow window, and there are three candles in the front of the window, and a lamp over the door, and a lamp opposite, and I stood upon the flagstone at the door.
Then there was a strong light? - Yes.
Prisoner's Council. What cloaths had the prisoner on? - A brown coat, and a shining hat covered with oil cloth, I am positive he is the man.
Court to Mr. White. What became of the man that rescued the prisoner? - He did not run that way.
What became of the box? - The coachman picked up the box I believe, I did not see it picked up.
GEORGE BRUCKER sworn.
I was sitting in my father's compting-house, in Little Distaff-lane, on the 20th of December, I heard a cry of Stop thief! and I ran and came up with the prisoner, who was also crying Stop thief! and we ran twenty yards together: when we came to the bottom of the lane, I asked him which way he was gone, he made a motion with his hand that he was gone to Doctor's Commons, but when we came there he ran the other way: then I suspected him; I ran after him, then thinking he was the thief, and caught him near the bottom of Labour in vain-hill; we took him to the Three Cups, where White immediately knew him, and said, if it was the man, he must be dirty on the knee, and his knee was dirty.
I am a constable; I only saw the prisoner brought along the street, and I followed him, I went to the Three Cups, and when White came he picked him out immediately, I have the box here.
Court. Who brought you the box? - The book-keeper or master of the inn.
Mr. White. I will swear it is the same box, I saw it when he dropped it.
(The things deposed to.)
Mrs. Palmer. I had been into Devonshire to see my friends, and I came back by the Bristol and Bath stage, I was an outside passenger, on the roof, my box was in the basket, when I came to the inn, I missed my box, and I saw my box in the street, and I called to the coachman, and said that is my box; the coachman is not in town.
PRISONER's DEFENCE.
When White came into the Three Cups, he asked which was the prisoner, he said, if I was the person, I must be all over dirt, there was no dirt about me but a few spots behind, it was a rainy night, there was no dirt on my breeches: my master has been waiting ever since Wednesday. White said, he would serve me as one Sideaway was served.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
151. JACOB APPEALEAN was indicted for feloniously stealing, on the 26th of December last, twenty-four pounds weight of moist sugar, value 10 s. the goods of persons, whose names to the Jurors are unknown .
- EDWARDS sworn.
On Thursday the 26th of December last, on boxing day in the morning, between four and five, myself and John Newman stopped the prisoner a few yards up Bull-head-court, Newgate-street, in the ward of Cripplegate; I collared him, and asked him what he had got under his arm, he said, some sugar which was given him, but he did not know by whom, and he said, he gave four shillings for it.
Deposed to the same effect.
(The sugar produced.)
- BARRINGER sworn.
I am in partnership with Mr. Alderman Turner, in the sugar refining business, the prisoner at the bar was a servant to us, I cannot speak to the sugar.
Court. Did you lose about that time any sugar? - I cannot say the quantity, we cannot miss such a quantity as this; the prisoner was a servant to Alderman Turner, he lodged and boarded in the house, and his business did not call him up before seven or eight.
PRISONER's DEFENCE.
I bought it of one Dawes, I have found
(The prisoner called three witnesses who gave him a good character.)
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > private whipping; Imprisonment > hard labour
152. MARY DICKINS was indicted for feloniously stealing on the 11th of December last, one silver watch, value 40 s. one steel chain, value 1 s. the goods of James Bull .
I keep a jeweller's shop ; the 11th of December, the prisoner came to my shop, between one and two; she brought in with her a fish basket, and set it on the compter, and asked me to buy fish, she came in a second time, and then a third time, and asked me for change for sixpence; I was in a room behind my shop which commanded a perfect view; and I saw the prisoner advance in the shop, and she laid down my watch on the compter, but I did not see her take it; there is a desk and a shew glass.
Court. Did you see her near to the place where the watch lay, though you did not see her take the watch? - I am perfectly sure of it, for my eye was on her the whole time.
How long after she went did you miss the watch? - A few seconds, my Lord, and I had seen it there not five minutes before, I followed her and called, Sprats! she looked me full in the face, and I saw the watch in her hand: I took her into custody.
PRISONER's DEFENCE.
I wish for the prosecutor to tell the truth, that he has not done. I serve this gentleman's house with fish, and as I come along, I call always of a day, over the threshold of the door I never go; I went away, and I went for change of sixpence; I went and cried my sprats; and I crossed over the way, and a boy came to me, and he had a bundle, and he said, take hold of this, or I shall drop my bundle; I took hold of the watch, the gentleman came up, and said, what have you, I said, it is a watch that the boy gave me that was running away: I said, what have I done? he said, I have lost several things, and it will not cost me much to indict you, and I will hang you: I have two children.
To be privately whipped and confined to hard labour twelve months in the house of correction .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > public whipping
153. THOMAS MORGAN was indicted for feloniously stealing on the 7th of November last, twenty-one pounds weight of brown sugar, value 10 s. the goods of John Butler .
I am a merchant's watchman on the keys, I had a quantity of sugar under my care; I saw the prisoner go to the hogshead, and take this large lump, and put it into his apron, he ran away, and went into Vintner's-alley; I saw the hogshead a few minutes before with the head on, and the piece of the hogshead was knocked in, but I did not see him knock it in; I followed him, and he cried out, O! Mr. Butler: I know him perfectly well, I am sure he was the man.
PRISONER's DEFENCE.
My Lord, I was coming down the gateway, and a man desired me to hold this apron; and they took me. I have worked on the keys these two months.
To be publickly whipped on the Keys .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > public whipping; Imprisonment > hard labour
154. JOHN DARCY was indicted for feloniously stealing, on the 14th of December last, one pound weight of cotton, value 2 s. the goods of John Butler .
I have a quantity of bags of cotton, twenty or thirty, under my care, at Fresh Wharf , next to the bridge. I saw the prisoner and two or three more going towards Cox's Key, about four o'clock, and I followed them. I saw this man go and stand by the cotton, he laid his back against the bags, and put his hand behind him, and I saw him draw his hand from behind him with a handful of cotton, and put it into his breeches; he repeated it three or four times: presently he drew himself from the cotton, and went towards the water side; then I went and secured him: the prisoner was never out of my sight; he unbuttoned his breeches, and took out the cotton, and put it on the table that was close by, he said hardly any thing, only desired to go; he is a soldier .
(The prisoner brought his serjeant, who gave him a good character.)
To be publickly whipped and confined six months to hard labour in the house of correction .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > private whipping; Imprisonment > hard labour
155. ANN BROOKS was indicted for feloniously stealing, the 16th of December last, a pair of sleeve buttons, value 6 d. one lawn cap, value 1 s. a half crown and a shilling, and twenty-four halfpence, value 12 d. the property of Benj. Talbot .
Mrs. TALBOT sworn.
I lodge in Half-moon-alley, Bishopsgate-street , No. 43, on the 16th of December, between eight and nine in the morning, I left my room; I locked my door and took my key: me and my husband were both employed in another part of the house, I returned between one and two at dinner time; I found the door unlocked, but fastened by a latch, I went in, and the prisoner stood in the middle of the room: she said she wanted a gentlewoman that went out to washing; I told her there was no such person in the house, she tried to get out, but I ran down before her, she ran after me, I bolted the street door to prevent her from getting out; before this time she had got down to the dark part of the passage, and as she stood there I heard her drop something which made a great noise; leading from the street door there are four flag stones, I found four picklock keys on the spot where she had stood, they made a noise like keys; I sent for the officer, and he desired me to see if I had lost any thing, I found the drawer of the dressing table open, which contained 4 s. 6 d. in money; the money was gone, and the thread and worsted pulled out and laid on the table, the money was a half crown piece, 1 s. and twelve penny worth of halfpence; she put with her cloak into the cradle, which stood very near, a lawn cap of mine, and one silver button; and one silver button she dropped with the half crown on the ground; I heard one of them fall.
The prosecutor and his wife work for my husband, on the 16th of December I was at dinner, I heard Mrs. Talbot run down stairs very fast, and she rattled the kitchen door; I heard the prisoner run into the street, and I heard something chink on the stones, I saw her searched, we found nothing about her, but I shook the cloak, and in the cloak I saw the cap and one of the buttons.
PRISONER's DEFENCE.
I never ran into the entry at all.
MARY COOKE sworn.
I saw this woman searched, and I saw the cap fastened on the right side of her by her pocket hole, it came off with her cloak.
Court to Mrs. Talbot. Had the cap and the buttons been in the room before? - Yes.
To be privately whipped and confined to hard labour 12 months in the house of correction .
Tried by the London Jury before Mr. RECORDER.
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|Not Guilty
HONNOR EGAN was indicted for feloniously receiving eighty pounds weight of lead; the property of the honourable society of Lincoln's Inn ; well knowing the same to be stolen .
There was no evidence to affect the prisoner.
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|Miscellaneous > fine; Imprisonment > newgate
156. JOHN EYRES , JAMES OSBORNE , and ELIZABETH PAGETT were indicted for that they on the 14th of December last, with force and arms, one piece of copper money of this realm, called an halfpenny, unlawfully and feloniously, did make, coin, and counterfeit , against the form of the statute.
A second count, for that they on the same day, one piece of false, feigned, and counterfeit copper money, to the likeness and similitude, of the good, legal, and current money of this realm, called an halfpenny, unlawfully and feloniously, did make and coin, against the form of the statute. And JAMES SPARKES was indicted for that he, before the said felony was committed, in manner and form aforesaid, did council, aid, abett, and procure the said John Eyres , James Osborne , and Elizabeth Pagett , to do and commit the same .
(The witnesses examined apart at the request of the prisoners.)
I went to the house in Long-lane, Smithfield , the 14th of December last, with Redgrave, and Lucy; I went down about five-steps of the cellar stairs, and I saw the prisoner Osborne on the left hand side; Eyres on the right hand; the young man, Sparkes, was laying on his belly, and Mrs. Pagett was feeding the fly: here is a halfpenny I found between the dies.
Deposed to the same effect.
(The dies produced.)
RICHARD FRANKLIN , monier of the Mint, sworn.
Proved the halfpence to be counterfeits.
All four GUILTY .
To be fined 1 s. and imprisoned twelve months in Newgate .
Tried by the London Jury before Mr. RECORDER.
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|Not Guilty
157. GEO. GODBY , AMBROSE WARD , and WILLIAM BRANSBY were indicted for burglariously and feloniously breaking and entering the dwelling-house of Cecilia Elliott , at the hour of five in the night, on the 5th of December last, and feloniously stealing forty-eight linen handkerchiefs, value 40 s. and twelve mens linen shirts, value 12 s. the goods of the said Cecilia Elliott .
There was no evidence to affect the prisoners.
All three, NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
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|Not Guilty
158. WILLIAM MILLS was indicted for stealing on the 11th of January instant, 3 live carp, value 10 s. 2 live tench, value 4 s. 3 live perch, value 2 s. and one live,Thomas Wood .
Tried by the second Middlesex Jury before Mr. Mr. RECORDER.
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|Not Guilty
159. THOMAS LORKIN was indicted for, wilful, and corrupt perjury, for that he, on the 14th of June last, before Mr. Justice Buller, did falsely and corruptly swear, that he did on Monday, the 10th day of June, then instant, serve Robert Hunt , with a copy of a rule, or notice thereto annexed by delivering it with the said Robert Hunt 's man servant; whereas in truth, and in fact he the said Thomas, did not serve the said notice .
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|Imprisonment > hard labour
GEORGE BARRINGTON was put to the bar, being charged on oath of James Boyick , for not fulfilling the conditions of his Majesty's pardon, granted to him the said George on the 30th of April 1782 , when he addressed the court to the following purport: - My Lord, I trust your Lordship will bear with me a few minutes. I was sentenced to five years hard labour on the Thames: The sentence was, I believe a very rare and severe one; after four years was past, colds that I had repeatedly caught had ulcerated my lungs, and labour often exceeding my strength by day, and putrified air by night, had greatly reduced, and wasted my frame: the surgeons finding that the usual medicines were not sufficient, applied to the superintendant, and obtained a milk and vegetable diet for me; this was a regimen never allowed there, but like extreme unction to those that were at the point of death: growing worse and worse, I petitioned for a remission of my sentence: In consequence of this I was shortly after freely liberated; and whatever reports may have been propogated to my disadvantage, I have done nothing since that day, that a man need be ashamed of: But, my Lord, I have learned that a man whose character has once been blemished, will always be suspected: I was merely for a name apprehended, and some time afterwards I understood that detainers were lodged against me for not fulfilling the conditions of my pardon; I will appeal to the court, whether it was not contrary to every principle of justice, equity, and law, when a very severe sentence was nearly expired, to saddle me with the condition of being transported for ever; of being a fugative for ever from my native country, which would of itself have been considered as a very severe sentence. My Lord, knowing that I had asserted nothing but facts, I subpoened Mr. Campbell, and the surgeons attending the hulks; the surgeons were to speak to the state of my health that I was in a deep decline, and Mr. Campbell, that he might speak to my behaviour. My Lord, no man who has any thing to fear will subpoena his prosecutor, and Mr. Campbell was mine; for these reasons my Lord, I humbly trust that neither prejudices, nor falsehood, nor plausible pretences, nor uncharitable reports, will deprive me of that candor and justice, which so eminently distinguish your Lordship: I trust you will consider my long-sufferings, that my constitution is destroyed by those sufferings; I trust you will consider my behaviour, and the state I now am in, labouring under a nervous fever and shortness of breath.
Court. In point of law, I can do little more then explain to you the situation in which you now stand: upon what grounds his Majesty thought fit to grant you that pardon at all or granting it to annex the conditions, it is not my business to enquire; no doubt his Majesty was actuated by his usual wisdom and goodness; probably it was thought from the offences of which you had before been convicted, that you were an unsafe person to be trusted at large within this kingdom, where you might have formed bad connections, and that it was better for yourself and the publick, that you should leave it, but whatever the motives were, his Majesty's pardon now appears, that pardon is the only excuse that you can have for not being at this moment on board the hulks, to which you were sentenced; the consequence of
Prisoner. My Lord, my disease is of such a nature, it is not in the power of medicine to relieve me if I go down to that place; and certain death must be the consequence.
Court. It will be some short time before you can at any rate be removed; if you are in a state that renders that removal unsafe, you will not be removed; but you must represent your situation to his Majesty, for the power rests with the King alone.
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The Trials being ended, the Court proceeded to give Judgment as follows:
Received sentence of death 11. - Daniel Macginnis , Ann Dean , John Merchant , John Kelly , Wm. Phillimore , James Smith , John Harris , Sarah Pond , Ann Randall , Mary Dimacks , and Robert Moore .
Transported to America for seven years 10. - Francis Sparks , Daniel Oakley , Charles Brearwood , Sam. Preyton , T. Milton , G. Hayland , J. Garrod , R. Berkley , W. Coombs , M. White , who was convicted last sessions.
Imprisoned in Newgate for 12 months 6. - T. Davis , A. Rosamond , J. Eyres , J. Osborne , E. Pagett , and J. Sparkes .
Imprisoned in Newgate for 6 months 1. - E. Wells .
To be confined to hard labour 2 years in the house of correction 3. - C. Casey , J. Lee , and J. Church .
To be confined to hard labour 18 months in the house of correction 1. - Ann Bridgen .
To be confined to hard labour 12 months in the house of correction 9. - M. Casey , M. Pile , A. Smith , E. Wilson , S. Pearce , M. Dickins , A. Brooks , E. Mercham , S. Jewson .
To be confined to hard labour 6 months in the house of correction 13. - E. Sharp , J. Moore , A. Holt , M. Williams , S. Lamb , M. Windsor , E. Nation , A. Agar , E. Pass , R. Barnard , S. House , R. Court , and J. Darcy .
To be publickly whipped 3. - T. Morgan , R. Bryan , and J. Jackson .
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HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY, and S. BLADON.
N. B. SHORT-HAND taught on an improved Plan.
|Reference Number
HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY, and S. BLADON.
Trials at Law, &c. taken with great Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.
N. B. SHORT-HAND taught on an improved Plan.
|Reference Number
HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be hid of J. WALMSLAY, and S. BLADON.
Trials at Law, &c. taken with Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.
N. B. SHORT-HAND taught on an improved Plan.
|Reference Number
HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY, and S. BLADON.
Trials at Law, &c. taken with great Accuracy by E. HODGSON, Write of these PROCEEDINGS, No. 35, Chancery-lane.
N. B. SHORT-HAND taught on an improved Plan.