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Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 18 February 2019), December 1786 (17861213).| Print-friendly version | Report an error
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Being the FIRST SESSION in the Mayoralty of The Right Honourable Thomas Sainsbury , LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; 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.
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|Guilty > with recommendation
2. JOHN GERVALT was indicted for feloniously stealing, on the 5th day of November last, one silk purse, value 6 d. ten guineas, value 10 l. 10 s. seven half guineas, value 3 l. 13 s. 6 d. and three shillings and sixpence, the property of Charles Crause , in the dwelling house of George Doery .
A second count, For feloniously stealing, in the said dwelling house, one bank note, value 20 l. one other bank note, value 20 l. and five notes of ten pounds each, value 50 l. the property of the said Charles Crause , and the said several sums thereon respective due and unsatisfied to him the proprietor thereof.
I lodged at Mr. Doery's, a coffee-house in Oxford-road, the Green Man and Still ; it was three or four days before the 5th of November; I understood the prisoner was a lodger there and boarded with the family; I saw him there several times; I lost a purse with one hundred and seven pounds four shillings; there were ninety pounds in bank notes, and the rest in gold and silver; I have an account of the bank notes; the day before the robbery was committed I received all the bank notes but one ten pound, at Messrs. Berkley, Bevan, and Co. Lombard-street; which notes at the time of payment, I saw numbered in the bankers book, No. 6264, 20 l. 4259, 20 l. 8452, 10 l. 1512, 10 l. 8624, 10 l. 3602, 10 l. those notes were all received at Mr. Berkley's; and I had another 10 l. note in my pocket, No. 362, which is not in the indictment; I do not remember the number of guineas; but when it was retaken, there was two pounds eleven shillings wanting; on the 5th of November, between three and four in the morning, I thought I heard a noise in my room, I called out halloo, who is there? nobody answered; upon waking myself more, I thought possibly somebody might have attempted to pick my pocket, and I felt for my breeches, and found my purse was gone; these bank notes were all in the purse; the purse was in my pocket when I went to bed, I am sure of that, and the notes and money were in it; I believe it was a little after twelve when I went to bed; when I perceived my loss, I jumped out of bed and alarmed the house; Mr. DoerySampson Wright , and committed the same day.
Prisoner. Did not you awake when I took the property from you? - No, not that I know of; I did not see him take it.
I keep the Green Man and Still coffee-house, in Oxford-street; I remember the prosecutor coming to lodge at my house two or three days before the robbery; I knew the prisoner very well; he lodged at my house I believe near four months; he came the beginning of August; he has shifted from one room to another, for our convenience a many times; and did so four days before it happened; I should rather think he slept in Mr. Crause's room, but after Mr. Crause came, he slept in the next room to Mr. Crause; I understood from the prisoner that he came home in the Essex East Indiaman; on the 5th of November, Mr. Crause called at my door, and said I am robbed; I said nobody could get out; I came down stairs in my shirt, and found my bar door open, and the top sash thrown up, and the bar door unbolted; I then said the house has been broke open and robbed; I missed nothing; and upon not finding the prisoner, I went in pursuit of him; I could not find the constable; I went to the watch-house to seek for one, and there I met the prisoner; the first person I saw was him; his coat was off, and he was in his waistcoat and shirt sleeves; I said this is the man I want; he came to me, and downed on his knees, and begged for mercy; I said, give me the gentleman's money this minute, you have robbed the gentleman of his money; he got up, pulled the purse out of his pocket, and gave it me in the watch-house; I opened the purse in the presence of those that were in the watch-house, and particularly of Mr. Smith, one of the beadles; there were in guineas, ten, in half guineas, seven, in shillings nine, one sixpence; and I took the number of the notes; there was a striped silk purse, and two bits of waste paper; I cast up the money to 104 l. 13 s. Mr. Crause said there was 2 l. 7 s. deficient; he was searched, but nothing was found about him besides a knife; I sent home my son, with information, to make my family easy.
I am beadle of St. James's parish; the prisoner was brought into the watch-house by the beadle's assistant; he had shewn the property he had about him at an ale-house, and the landlord sent him for safety to the watch-house; he appeared to be in liquor; this was rather after four in the morning when he came in; I do not think he knew where he was; I asked him to sit down; he was very warm, took off his coat, and said he was very dry, and must have something to drink; he said he would have a bottle or two of wine; I told him one would be sufficient; then Mr. Doery came and knocked at the door; he saw the prisoner immediately; and upon seeing Mr. Doery, he downed on his
Court to Doery. Do you know whether the prisoner went to his room? - Mr. Crause said in the presence of the prisoner, he had had his pocket picked of his handkerchief, and it was lucky he did not lose his purse, as he had above one hundred pounds in it: We went into conversation, and the general conversation for half an hour, was on the life of Jonathan Wild ; the prisoner was by; he had a gill of wine before he went to bed; there was no appearance of liquor in any respect.
(The purse produced and deposed to.)
Prosecutor. I have had it a considerable time; it has a little hole in it; I can swear positively to it.
PRISONER's DEFENCE.
I was very much intoxicated in liquor, and I went up to the room; I thought I should have slept in the same room with the gentleman; I used to sleep there.
GUILTY, Death .
Aged Nineteen.
He was humbly recommended to his Majesty's mercy by the prosecutor, on account of his apparent sorrow .
Mr. Doery. I beg leave to mention that the prisoner behaved very well; he is a foreigner, and has not a person in England that he knows; he is a Swede.
Tried by the first Middlesex Jury before Mr. RECORDER.
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3. JAMES WATTS and FRANCIS HARDY were indicted for feloniously assaulting George Austen on the King's highway, on the 27th of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, seven shillings in monies numbered, his property .
(The case opened by Mr. Knowlys.)
(The witnesses examined apart at the request of the prisoner's counsel Mr. Scott.)
I am wife of George Austen , the prosecutor; I live No. 8, Goldsmith-street, Gough-square; my husband was a baker, but I did not agree with him, and he is a milk-man, and green-grocer ; the prisoners came to me the 27th of October, about four, or a quarter past, and enquired for my husband; I said he was not at home, but asked them what they wanted; they said they wanted nothing at all, but only came out of pure friendship, or only out of pure love, I cannot say which.
Did you see them again that day? - Yes, I told my husband, when he came in, they went away, and my husband was coming down the gateway; one of the prisoners beckoned him, with that I was in a great fright; I did not like the looks of the men.
Did they return to your house after that? - Yes.
Court. What time of day might this be? - About twenty minutes, or half past four; they then came again, and I called my husband; he came out of the parlour, and said what do you want with me; says they, what do not you know us; he said no, and if they did not go about their business, he would send for somebody that should make them; the prisoner Watts said, he had borrowed a shilling of him; I was inside the shop; I did not see where the other stood; I had seen them peeping backwards and forwards before the other came in; my husband declared to me in their hearing, that he had never seen them in his life.
Are you quite sure these are the men? - I am positive sure they are the two men that came to our house on that occasion, that I am positive clear in.
He was obliged to retire from his business a little while, I believe? - Yes, he was.
What was the cause of that? - A little misdemeanor between him and me.
Has not he been at Bethnall-green? - Yes, he was in the private mad-house a little while, and I wish I never had done it; he staid three weeks under the care of Mr. Bowman.
You recollect his going to the play on the 26th of October last? - Yes.
Court. How long is it since he came out of that private mad-house at Bethnall-green? - I will shew you Sir. (Produces a receipt, the 12th of September, 1785.) He was going on the 27th of October last to the play, to see the same he had seen the night before.
What company was he in that night at the play? - A Gentleman, a clerk to the Custom-house, whose name is Dell.
Is Mr. Dell here? - No; but if you will give me time I will have him sent for.
Did not your husband mention any other company? - No, Sir.
What time did he come home? - About eleven, on the 26th of October.
What particular observation did you make as to the persons of these people, you say, you seemed a good deal surprised at the time? - I was Sir, because my husband never drank.
Were they dressed as they are now? - Yes; with dirty shirts.
Was you present at the examination of your husband in Bow-street? - No, Sir; I was sent for.
Was you there when he gave his testimony? - I was only sent for by Sir Sampson to know whether he was in Bedlam, I said, no; he asked me no farther questions or else I should have told him; I put the receipt in my pocket on purpose.
Mr. Knowlys. You have never paid any thing to Bethnal-green since the 20th of September, 1785? - No, Sir.
Have you any reason to believe since that, that your husband has been disordered in his mind? - No, Sir; not in the least; he went out about eight to the play with Mr. Dell, and the next night he was to go, and see it all full; he came home about eleven.
Prisoner Hardy. At the time that you say Watts came to your house, what distance might I be at that time? - I cannot say; at no great distance; you was down the arch way.
Whereabouts did I stand when you first saw me? - Not quite two doors off my house.
Was it to the right or left of your house? - To the left.
When you was fetched to Bow-street, who fetched you? - Mr. Tallboy the constable.
What did he say? - Sir Sampson wanted to see me about Bedlam.
When Sir Sampson asked you whether your husband was or was not charged with insanity, did not you say he never was in any mad-house, or in Bedlam? - No; the word mad-house was never mentioned.
Did not you say it was his two brothers and not him? - I did say he had two brothers in Bedlam through drink; but they are well now.
Did you hear us ask your husband whether it was not perfect day-light at five o'clock on the 27th of September, and whether he did not know our persons? - I did not hear any such question asked; I was not there.
Do you recollect Mr. Bond saying to your husband, come forth as a man and deny what you have sworn against these two men? - I was not there.
Prisoner. She was in the room at the time.
Look at these two men at the bar, when
Upon what business did you first see, them? - I had been out with my carrier and came home about twenty minutes after four, and found my wife in doors; says I, what is the matter? says she, we have had two ill looking men here; says I, do not be frightened; in about ten minutes Watts came in, says he, is Mr. Austen within? says I, what do you want with me; says he, Mr. Austen, you know you owe me a shilling; for what? says I; says he, you know you borrowed a shilling; says I, I never did, I should like to be informed better; says I, you seem to be a couple of blackguard fellows, and if you do not go along, I will send for a constable; the other man, Hardy, stood at the door; whether he heard I do not know; but he certainly must if he had a pair of ears on.
He was within such a distance he must have heard? - I should have thought so; then they went immediately after I said they were a couple of blackguard fellows, and if they did not go I would send for a constable; and with my speaking a little sharp they went away.
I ask you on your oath, whether you had ever been in company with these men? - Never.
That you are clear and positive of? - That I am clear and positive of; I staid and drank two or three cups of tea; I was going with the intention of going to the play, and at the top of Butcher-row, I saw these two men peeping through an eating-house window.
Did you speak to them at that time? - No, they saw me pass them, and I turned my head and looked at them; and just at the end of the dark passage, going into St. Clement's church-yard , Watts came and laid hold of me, and said, d - n your eyes, now we have you; and they pinioned my arms; it was about twenty minutes after five, or half an hour; but I cannot swear to a few minutes; the other prisoner, Hardy, shoved by me, and gave me a violent blow in my stomach, which deprived me of my breath for some seconds from the blow; I also fell against the corner of the alms-house, and this left eye is violently bruised from the fall; they had made it quite blood shot; he that struck me the blow in the stomach, unbuttoned the flap of my right hand breeches pocket, and took out six shillings, and three sixpences, all the money I had in my pocket; as soon as I recovered my fright a little, I saw them go round the church; I staggered after them as fast as I could, but I could not halloo then, my breath I was quite deprived of: I saw them go over and cross Milford-lane; and I saw them go into a little passage, or a bit of a yard, before a door which leads into the house; I thought it improper to go in by myself.
Did you see them go into the house? - No, only into the yard before the house.
Are there two houses then in this yard? - No, no more than one.
Describe to us what sort of a yard this is? - It is about a yard and a half square; there is a vault there I saw afterwards; it is made for the convenience of keeping the house private; upon this I went back immediately to Lukin Walter , a butcher, in Butcher-row, and told him I had been robbed, and he and I got a constable, one Talboy, who lives in St. Clement's churchyard, and is a hair-dresser; we all three went to this house, one of us knocked at the door; I do not remember which; the mistress of the house came to the door; we asked her if she had any lodgers, she said, yes, we have a porter that works near the Temple; we were not satisfied with her information, and went and knocked at the one pair of stairs; nobody came; there was a little dog barked; she did not tell us what part of the house the porter lodged in; we went in search of him, and we found him at a public house near the Temple; when Mr. Talboy called out the porter; no, says I, that is not the man I am sure; and for that day we did not find the persons that robbed me; this was Friday evening.
Court. When you heard the dog bark in the one pair of stairs, did you attempt to open the door? - No farther than there was a thing that turned round, and we tried to open it, and it did not open; and then we left it; I went up to Sir Sampson's that very night, with the constable and the butcher, and I gave the descriptions of them; on Sunday or Monday I heard they were taken; I went to the house where this woman had denied having any lodgers; I went up stairs, and there was Mr. Macmanus in the room; says he, now, Mr. Austen, be on your guard, if you know these men, say so; if you do not, say to the contrary.
In what room was this? - In the one pair of stairs; in the same house where we had been before; when I entered the room, Hardy was in the outer room; the other was dressing himself in the inner room; says I, this is one; and then the other came out, and I said, this is the other; then one said, we know you very well, Mr. Austen, you have been here several times; the landlady of the house knows you very well: they were both in the room when that was said; I do not know which it was that said it; says I, Mr. Macmanus, these fellows may be rogues, the woman below will not dare say she has not seen me here; let us go down and speak to her; and we all five went down together; when we went down in the passage, we all five stood in a rank together; now, says Macmanus, pray Madam, who do you know amongst us? I know, says she, Watts and Hardy to be my lodgers, and says she, I know Mr. Talboy, the constable, very well.
Was she asked at that time whether she knew you? - Says Macmanus, what nobody else, do not you know this gentleman? that was meaning me; no, says she, I never saw him in my life, to my knowledge; Hardy says, recollect yourself, Madam, did not you light this man up here one night, exceedingly drunk? no, says she, never in my life; from that we all went up to Bow-street, to the Brown Bear, into the back parlour; this was on the Sunday morning; and the prisoner Hardy wanted to go out, and Talboy took him out and left me in the room with Watts; Watts says to me, you would not go to take our lives away for seven shillings and sixpence; says I, it is out of my power to take your lives away; but the law shall have its course; he made answer, and said, we have enough to swear where we were at that time that you say; no doubt on it, says I, such company as you keep, I dare say, you have; says he, if please God, we ever get over this here, if you do not do we, we will do you; what they meant by the word, I cannot tell; then we went over to Sir Sampson; they made no charge against me; they believed me to be a very worthy honest man, they said, they had known me about a month.
Did you ever see the prisoners before? - To say about seeing people it is impossible.
Did you ever see them to know them? - Never.
Mr. Scott, Prisoners Counsel. Have you a perfect memory at this time, is your memory good? - I think it is.
Then will it furnish you to remember what day you went to the play with Vaughan your servant? - I never went with him.
You are sure of that? - I never went with him; I had a servant of that name; I suppose he must have left me about two years and a half; but I cannot say the exact time.
Do you mean to swear that you was not in company with Vaughan at Covent Garden playhouse a fortnight or three weeks before the robbery in the one shilling gallery? - I do not mean to swear that.
Do not you recollect going to the public house when you came from the playhouse? - No, I do not.
Do you recollect being at the playhouse at all? - I have been there several times;
Who was in company with you? - A Mr. Dell, a young gentleman that lodges and boards at my house; he never introduced me into any company; we went from our house together, and came back together; I never stopped at any public house; I am sure of that.
Was that the first time you ever saw this man at your own door? - I cannot say that; it might be the first time I ever saw them; for I might see you in the street; it was the first time I ever spoke to them; I recollect I never borrowed a shilling of no man in the world of that kind.
What do you mean by that? - By bearing such a character; I never borrowed a shilling at all not of these men.
Do you recollect borrowing a shilling the night you came from the play-house? - No, I do not; I positively mean to swear it.
When was the first time that you think you saw these two men? - The first time that I ever saw them to the best of my knowledge, was the 27th of October; it was that further man, his name is Watts.
What might he say to you? - When he came to me, he says Mr. Austen, you owe me a shilling; says I, what for; he accosted me in a very civil way; I said, I owe you a shilling! I should be glad to be informed a little about it; I cannot swear whether he might not say he would summon me to the Court of Conscience; when I got into St. Clement's churchyard, they were just lighting up candles; it was the 27th of October; it is a passage of considerable thoroughfare; sometimes there is fifty or sixty, and sometimes not one; it was done in less than a minute, all of it.
Do you recollect the account you gave of that robbery at Bow-street? - I do, and I believe it concurs with this.
What colour was the back of your coat then? - All white, tumbling against the wall; the wall is all white, and the intermixture of the bricks; I know very well that wall is brick and mortar, and the mortar coloured my coat; I am sure I never was at this man's lodgings.
Do you know one Mary James ? - No.
Prisoner Hardy. First I would be glad to ask you, if you do not know Charles Vaughan ? - I certainly know him very well.
What was he? - He was my milkboy.
What is he now? - How do I know?
Did you never in your life go in company with him and me to Mrs. Sorrell's in James-street, Govent-garden, and treat us with a glass of brandy? - Never.
Do you recollect yourself? - I recollect the truth.
Then I shall ask you a few more questions what time of night was it? - The candles was alight.
Was it a wet evening or a dry one? - It was very foggy.
Was it moon-light? - I do not know whether it was moon-light or star-light.
Do you know what time it is dark at that time of year? - No, I do not, the candles were brought in.
Do you recollect Mr. Justice Bond putting his hand on your coat, and saying, speak the truth like a man? - He said, if you are an honest man, if you have said wrong, now declare it; says I, I have spoke nothing but the truth.
Did not he tell you, you could not make him believe it, and you could not make the Court believe it; and did not he say again, he would have no objection to taking bail for these two men; and then did not you make use a of subterfuge? - When they heard you stood prosecuted here for extorting money from a banker's clerk, they committed you.
Hardy. My Lord, I defy malice itself to impeach my character, and I hope to make it clear to your Lordship and the Jury.
Mr. Scott. How long ago is it since
Prisoner Watts. I beg to remind him of one particular night, whether he was not up in our apartment at Mr. Hardy's lodgings; and it was a very wet night, and he came up with his umbrella, and began to spout?
Prisoner Hardy. Did not you say you could play tragedy and comedy? - I dare say I did; I never was at their lodgings before we went to search after them.
Prisoner Watts. Did you know a Miss Gale in your neighbourhood? - I do know her; and I believe there are a great many gentlemen in this Court know Miss Gale as well as me.
Do you remember the time that you swore that she took a hat from a man's head? - I never did any such thing.
Nor she never brought any action against you in the Court King's-bench for perjury? - If she did, all that I have said shall go for nothing; this man pretended to swear before Sir Sampson, that I defrauded Mr. West, my cow-keeper, out of a seventy pound bank-note; and would have sworn it.
Court. You say when you came home, your wife was alarmed at these two people having been there? - Yes.
Had you seen them before you got into the house? - I do not know whether they were not at the bottom of the street, and they waved their hands, but I did not know it was at me, so I took no notice of them.
I am a constable; I was applied to by Mr. Austen, the 27th of October, near upon six o'clock; I cannot say to ten minutes; Mr. Walker, a butcher, in Butcher-row, brought Mr. Austen to me; the man seemed to be very much in agitation, very distressed in his mind, and was exceedingly sick; he puked prodigiously; he had received a blow on one side of his eye; he said he had been robbed in St. Clement's church-yard; he described their persons, and some part of their dress; says he, I watched them into a house in Milford-lane; he said there was nobody passing just at that time; one of them seized me, and grasped me down behind, and the other gave me a violent blow in my body, which rendered me as unable of speech, as if I had been a corpse: I went where he directed me; I went down this lane; there are three houses all alike; and the others fall in six or seven feet, and have little yards before them; he shewed me the house which he thought was the right one; I saw a woman coming down this yard, where there was water in a tub, and I asked her if they had a couple of young men lodged in the house, she said yes; I went gently up stairs, and looked through the keyhole, but there was no light at all; the woman came up stairs presently; says she, I suppose there is nobody at home, so I went down stairs, and asked the woman of the house, if the young men that lodged up stairs were at home; says she, I have no young men, I have nobody but Hooper, who lodges up stairs, and a young fellow that has been with him lately, a gentleman's servant that was gone to place in the Temple; she said, she had nobody else but an old waterman or fireman; knowing this Hooper, we went down to him; and he said he lodged in the garret, and from something that he said, I made further enquiry what kind of people lodged in the house; I went again on the Saturday, and saw Macmanus, and I communicated the business to him; says he, I will call on you to-morrow morning; and he and I and Townsend went to the house; the woman of the house was then in bed; I said, are these young men that you chuse to deny to me at home now? yes, says she, but I beg your pardon, I recollect myself, I thought you was come to take down names for the militia; this was my excuse, says she; they belong to the play house, and very honest young men they are indeed; I went up stairs, and knocked at the door; one of them was just got up; he opened the door to me; I then opened my commission, and told them I was come
Mr. Scott. Was Austen perfectly sober the night you first saw him? - Yes, he stood close to me, and if he had any liquor, I must have known it.
Prisoner Hardy. What kind of latch did you find at my door? - I found no latch.
Did you hear a little dog bark? - I cannot say; I will not say.
Do you think there is no latch to my door? - No.
When you took us, did not you ask us, can you prove where you were at that time? - You said you could prove it.
Court. Did these men tell you, when you took them on the Sunday morning, where they had been on the Friday night? - I do not recollect that they did; their discourse was to Macmanus.
Prisoners. Did not we tell you where we were on Friday night as we were going up Bridges-street? - I do not upon my oath recollect.
How many beds were there in the room? - One bed; it is a little room separate from the main room; a little dark room with no window; there was but one bedstead.
Prisoner Hardy. Was I in bed or up when you came in? - You was in bed, and when I fetched Austen, you was up.
I went with Mr. Tallboy to these men's apartment; when we first got in, one was in the outer room, up, and the other was in the inner room, in bed; there was only one bed in the room as I saw; afterwards I desired Talboy to go to Mr. Austen, and Mr. Austen came with him; I then said to him, be very careful what you do; then he looked at him, that was in the outer room, and said this is one, and he looked into the other room, and said that was the other; he said he was perfectly sure; then they said, he had been at their room before; he denied it; as they referred to the landlandy, we went down and called out the landlady; we stood in the passage; she said she knew the two lodgers; and Mr. Talboy said, and do you know nobody else? no, says she, I cannot say I do; says Hardy, do not you know this tall man that came here one night with boots on and an umbrella? she said she did not; then we took them up to Bow-street, and there was a long examination.
Did they in the presence of Austen, charge him with any offence? - Yes, they did, and said he had been there, and brought a boy with him; they said he had been there several times; I searched them; one of them had no money at all, the other had fourteen or fifteen shillings; there was a crown piece, and the rest in silver; I shewed the money to Austen; he knew nothing of the money.
Prisoner Watts. Pray did not Sir Sampson Wright say he thought we were innocent men? - I do not think he said you were innocent men; but he said he did not like the business; Mr. Bond said, that would be no shame to Mr. Austen if he had done wrong; and Sir Sampson advised him to be careful very often.
Did not you say yourself, after the man had sworn to us, that you was of opinion we were innocent men? - No, I do not think I did; I said, I did not like to have
Mr. Scott. Did you search that house all over? - No, I did not.
Did you see a young woman at the time, that was maid-servant to the landlady of the house? - I believe there was a young woman, but whether she belonged to the house or not, I do not know.
Do you recollect immediately on these men being charged by Austen the prosecutor; their declaring where they were at the time of t he robbery? - I do not know that they did then, but they did in an hour afterwards, or something less.
Do you recollect the place that they mentioned? - They mentioned several places; I cannot say I can charge my memory with any of them, except that they mentioned drinking with a servant near Old-street-road; some brewer's servant, I think, but I am not sure.
Prisoner Hardy. Was any body suffered to come near us till the Monday morning? - I do not know.
Court. When they had mentioned where they had been, was the prosecutor Austen present? - I do not know indeed, I should rather think he might be there; if I was to say any thing, I would say to that, I do not know for certainty.
Court to Prisoner Watts. Do you mean to say any thing for yourself, or do you leave it to your counsel.
About four in the afternoon, the prisoner Hardy and me called at Austen's house; we had met Austen the day before, and Hardy said, Austen you never call now, you have sold yourself for a shilling; says Hardy, I will call upon you; says Austen, do, I will make you welcome; on the Friday we were going to Old-street, and we called to see him; I saw Mrs. Austen; I said no business; we were going down the street, and in turning my head accidentally, I saw Austen coming with his milk-woman; I beckoned him to come to us; he had a thorough knowledge of us; he had been at our place three times before; I went up again, and said he is come in now, I believe, madam; I believe she said no, but I said yes, he is; his wife called him out; says he, what do you want; says I, the shilling you owe us; says he, what shilling? I owe you none; yes, says I, you do, and if you do not pay us, I will summons you for it; this was about fifteen minutes after four; Hardy was waiting the corner of Gough-square; we went immediately from there to Old street; I went to enquire for William Buchanan , who has lived in the brewhouse many years; a maid servant came to the door; he came to me, I asked him how he did, and told him that Hardy was at the outside of the gate; this might be about half after four, or wanting a quarter to five; then he was without his hat, and he came to me to the outer gate, and Hardy was there waiting; then we talked of having something to drink, and we went to a public house in Golden-lane, the sign of the goat; I did not know the house so well as Hardy; he called for a pot of beer; Buchanan was without his hat; Hardy asked Buchanan to lend him half a guinea; he said he was going to enquire after a woman of the name of White, who was dead in that neighbourhood; he said he would lend it him; he said, he must go home again for it; he went home for the money, and returned again with his hat on, and he brought a slice of bread and cheese in his pocket; when he returned, he brought a crown piece, and five shillings and sixpence; and we had another pint of beer put into the pot we had been drinking out of; then he went home, and Hardy and me went down Golden-lane; and at a very short distance, Hardy saw two women, which he knew very well, and he asked them to have something to drink; they sometimes sell roots, and sometimes fish; and we went into a wine vault, and gave them something to drink; he enquired of them concerning Mrs. White who was dead; how she was buried; and they directed him to
The time and place will convince your Lordship and the Jury, it is the most populous place in the world, and it was not dark; it is not dark till near seven o'clock, as you may see by the almanack.
I am servant to Mr. Coker, the brewer; I have been in the family twelve years; I know the prisoner Watts; I knew him a boy.
Do you recollect his calling upon you on the 27th of October? - I do, perfectly well.
What time of the evening was it? - About half after four; he called at our house, and I spoke to him, and asked him to walk in; he said, he had a person waiting at the gate; I went to the gate with him, and we walked on talking to Golden-lane; I was without a hat; I said, I would not go any farther, and I asked him to drink; we went into a house and had a pot of beer, and during the time we sat there, he said, he had been out of employ sometime, and would be very much obliged to me to lend him half a guinea; I went home and brought a crown piece, and five shillings and sixpence; there was an old gentleman, my mistress's uncle; and the maid servant said, he had had his tea; I looked at the clock, and it wanted a quarter of six; I am perfectly sure of the time, because I took the candle and looked at the clock in the kitchen; they sent to me on the Monday morning following to speak to me at Bow-street.
Who was that other person who was at the gate? - It is the man that stands here; I am perfect of it; he went into the public
Mr. Knowlys. You are intimate with Watts now I presume? - I never saw him since I saw him in Bow-street; I knew him from a boy; I was first acquainted with him at Ipswich in Suffolk; I was only acquainted with him by seeing him by chance; I have heard since he has been in trouble now, that he has been in difficulties before, but I do not know it to a certainty.
Then it is only by chance that they met with you? - Not lately.
It was perfectly an accidental visit? - It was.
I suppose he did not know where you lived? - Yes, he did, for about a month before, I met him in the street and told him.
What are you now? - A servant to Mr. Croker of Old-street.
Do you recollect the day of the week that you was drinking at this ale-house? - Friday; it is the Goat, the corner of Cherry-tree-alley.
Who keeps this house? - I do not know; I never was in the house before nor since.
Have you ever been paid this half guinea which he borrowed of you? - No.
Did not you ask him for it at Bow-street? - No Sir; I could not think of asking a man in trouble for half a guinea.
You had no acquaintance with Hardy before? - Never.
Court. Having no acquaintance with Hardy before, you are sure it was not Hardy, but Watts you lent the half-guinea to? - It was Watts I gave it to.
Hardy did not ask you for it? - I do not recollect that he did.
Would you have lent it to Hardy, a perfect stranger, if he had asked you for it; - I do not think I should.
Mr. Scott. Are you sure of the man that you lent the half-guinea to? - Yes.
Do you know the prisoners at the bar? - I live in Brick-lane, Old-street; I know both the prisoners; I have known them a long time; a good many years.
How came you to know them both? - I know them by sight; by acquaintance; by speaking to them.
Do you remember seeing them on the 27th of October? - I met them; I met Mr. Hardy and that young man; we went and drank a dram together, and we bid good night; as near as I can guess it might be about six in the evening; I am sure of the time; and his wife came to me on the Sunday night following, and informed me her husband was in trouble, and desired me to come and speak for him, which I did.
Mr. Knowlys. Then Hardy is a married man? - Yes, I knew him before he was married.
Does his wife and he live together on very good terms? - Yes.
A very affectionate couple? - Yes.
What is your name? - Ann Milwood .
Are you married or single? - Single.
Was you never married? - Yes, to be sure Sir.
How long has your husband been dead? - Eleven years.
Where does Hardy and his wife live? - I have heard the name of the lane; I cannot remember it; here is his landlady here.
Do you think if Hardy had been separate from his wife, you would have heard of it, as you was intimate with her? - To be sure, Sir.
Court. You say you have known both the prisoners a good while? - Yes, these eighteen years.
What did they deal in? - Hardy kept a garden at Hoxton, and dealt in greens.
What did the other man work at? - The same, Sir.
Where do you live? - At No. 1, Milford-lane, at Mrs. Mercer's.
Did Hardy and Watts lodge there? - Yes.
How long have you known them lodge
In what capacity do you live in that house? - Servant to Mrs. Mercer.
Did you ever see a Mr. Austen there? - Yes.
Should you know him again if you was to see him? - Yes.
Look round the Court, and see if you can see such a man? - (Looks round.) - This is the gentleman.
(Points to him.)
Are you sure? - Yes.
You are positive as to his person? - Yes.
How many times do you think you have seen him? - I cannot say but once; I might have seen him oftener; I was cleaning my knives in the passage; and I made way to let him come by; I do not know his business; he went up stairs and never said a word to any body; I did not ask him his business; he might have been to the house before.
Are you positive upon the oath you have taken, that you have seen that Mr. Austen, and known him? - Yes.
And at the time that Hardy and Watts were lodgers? - Yes.
That you swear? - Yes.
How long have you lived servant in that house? - I went to live there the 10th of August.
Mr. Knowlys. How long have you lived with her since the 10th of August? - I live with her now.
Where did you live before? - At No. 20, Cranbourn-street; I came from that place the very day I came from Mrs. Mercer.
Do you remember every body that used to call at Mrs. Mercer's? - It was not my business particularly, but being in the passage cleaning my knives, I took notice of him because he was coming to the house.
Do you take notice of every person that comes? - Our business lays by the sight; by taking notice of people.
You did not observe when this person went into the house? - No, Sir.
Did you miss at any time either of the prisoners? - No, Sir.
Never miss them? - No, not before they were taken up; they were taken up on the 29th of October; that was on a Sunday.
How long were they in custody? - I cannot rightly tell the time; they have been in custody ever since.
Did you know either of them before they came to lodge with your mistress? - No, Sir, not to my knowledge; they came the 22d day of August.
Had you never missed Hardy since that time? - Not before he was taken up for this affair.
Do not you know of his having been taken up for something else? - No, Sir.
Do not you know that he is indicted at this time? - Yes, Sir, I do now for this affair.
Was he always at home after this time? - Yes.
Are you sure he never was in custody before he was taken up for this? - Not since he was at our house.
Was not he in custody the beginning of September, or was he always at home? - To the best of my knowledge he was always at home.
Did you ever miss him from home? - Not before the 29th of October to the best of my knowledge.
If he had been absent four or five days must not you have missed him? - Yes, Sir.
You say you must have missed him if he had been in custody four or five days? - Yes, Sir.
Mr. Scott. Did you clean his room? - No.
Do you sit up every night for these men? - No, Sir, but if they had been from home I must have missed them.
What sort of a woman is Hardy's wife? - She is a thin body.
Did she sleep in the same room with him? - There are two rooms.
How many beds are there? - Two; one in one room, and one in the other.
Then they do not sleep in the same room? - No, Sir.
You are sure there were two beds? - Yes.
When was Mr. Austen discharged from your house? - The 20th of September 1785.
In what state of mind was he? - Sir, he seemed to be very much disordered at his first coming, but he had got rather better of that, but he was not well when he came away from me; I acquainted his wife with it when he went away; he came one evening in a coach to our door, and demanded a man and maid to go with him to fetch his wife; he was told we should not; he got a man and maid at the next door.
Court. Only tell us what you know, was you there? - No.
Prosecutor to Bowman, (who was very deaf.) You must not go by hear-say.
Mr. Knowlys. Does he appear to be the same man that he was then? - No, he does not.
Prisoner Hardy. My Lord, I was in hopes of getting a deputation in the Custom-house, and the landlady does not know any thing of that, nor the maid certainly; I was detained in the City from the Monday till the Wednesday.
I live in Lombard-street; I keep a pork shop; I have known Hardy about three years, and Watts about the same time.
What are they by profession? - Gardener s; I have employed them as such.
What characters have they formerly borne? - I never knew any thing but just and honest; I have employed them in my garden at Hoxton; and when I slept in the City I left the key of my premises at Hoxton with them; they were always just and honest.
Mr. Knowlys. Have you employed them within these twelve months? - I have not.
Do you know if Watts has ever been tried? - I never heard any thing of the kind.
Did you know of Hardy being in custody? - I never heard any thing of the kind; so far from it, that if I wanted any persons of their descriptions I would have them now; I have seen them frequently within these three years, and in the City; I saw them at Temple-bar about two months ago.
Have you any garden yourself? - Not now, I left it last Christmas for the last twelve months I have seen them frequently.
I live No. 1, Milford-lane; I have known the two prisoners since the 23d of August; they were very regular; they used to go out in the evening; they left their candle with me, and lighted it and went up stairs; they came home sometimes at eleven, and sometimes later; I did not know that they followed any business; I had a good character of them.
Mr. Silvester. They both lodged in your house? - Yes.
They followed no business? - Not that I know of.
How did they live? - I do not know; I always enquire their character, so far that they were sober honest people; and that they would pay me; I was told that they were very honest men.
What business did they tell you they followed? - They were gardeners by trade; Mrs. Hardy came backwards and forwards every week of her life; she did not constantly live there; Hardy told me she was attending a person that was sick at Hoxton; I let every body in and out.
And they came in and out constantly every night? - Always; they never slept out of the house a night; they first came to the house on the 23d of August.
When were they taken up for this offence? - That I cannot justly say the day.
I will tell you, the 29th of October? - They never were taken up before at my house.
Do not you know that the man was in custody in September? - No.
Then that could not have happened without your knowing it as you let him in every night? - Mr. James and his wife were in, if Hardy was not; they took the candle of me, and always left the candle in the morning, till the morning they were taken; they went out about eleven; they went out sometimes sooner and sometimes later.
What hour did they in general go out? - Sometimes by ten o'clock; sometimes they did not go out till after dinner.
Now these two honest men used to go out about ten, then at what time did you use to shut up your doors to go to bed? - About eleven, or half after eleven.
Did not it strike you as very odd that gardeners should lay in bed till ten o'clock in the morning? - I knew they were out of business.
What business were they in? - Why kept a shop in Drury-lane.
Of what kind? - Green grocers and other business too, that is what Mrs. Hardy told me; that was not since I knew them.
How came you to deny them to Talboy? - I never did deny them to Talboy.
Will you swear that? - Yes, I can safely swear it; my mangle was making a noise, I told Talboy I had a Mr. Hooper in the garret, and a young man that had not slept in the house some time; he was in the country; he is with me now.
How came you to forget these two friends of yours in the one pair of stairs? - I did not think of them; he did not ask me, he only asked me for the others; says I, he has never asked me of the one pair of stairs; but if he had I could not tell their Christian names.
How many beds were in this room? - When they came they had two beds and one bedstead; they had but one bedstead; I saw the things come, they came in a cart.
When did you first learn their Christian names? - He was always called James in the house; I could not have told his Christian name when Talboy came; I have learned since Mr. Hardy always called him Jem.
Then you knew his Christian name? - I say I did not know Hardy's Christian name.
Hardy's wife had no apartments at your house? - She never did lay there that I know on; the wife was with a lady in the country.
Court. There was but one bedstead then? - No, one bedstead and two beds; I never was in the room once, since he has been in the house; I never was in Hardy's room at all, when he was in it, only once with his wife.
Did not you know how the rooms in your house were furnished? - They had their own furniture; I saw the bedstead conveyed out of the yard into the cart; and there was was only one bedstead and two beds; I do not know how they laid in the beds.
Then one might be in one room and one in the other? - They might move them one into each room, because one is a dark room and one a light one.
When you was in Mr. Hardy's room how was it then, was there a bed in that room? - No, not in the fore room.
Have not you been in the fore room more than once? - Never but once, only since Mr. Hardy has been confined; I never was in the back room at all; the way into the back room is through the fore room.
When you was in the fore room there was no bed in it? - No, no bed.
Did you know Austen? - I knew him by serving me with milk and garden stuff, when I lived in the Bolt and Ton passage, that is about a year and a half ago; when I heard who he was, I recollected his face again; but when he came down stairs following Mr. Hardy, I could no more have
Had you lately seen him before in your house? - No, I had not, my servant had; I once saw him go out of doors; I think he was the same man, but I cannot be sure; I saw his side face, and I said, to my girl, there is that tall gentleman that goes up to Mr. Hardy; she has a deal more opportunity of seeing people that come to my lodgers than I have.
Court. I suppose it would have been impossible for Hardy's wife to have slept with him night after night without your knowing it? - Yes, I think it would.
I live at Islington; I am a gardener and nursery man; I knew the prisoners; they have laid out many pounds with me; I cannot say how many years; about five or six; I recollect them in business; then they had a garden at Hoxton, and they used to buy myrtles and oranges, and all sorts of plants of me; I knew them no where but in Hoxton; and they used to keep a stall by the side of the Mansion-house, and had very good plants there; they had very honest characters for what I knew.
Mr. Knowlys. You knew nothing of them, but by their dealing with you? - No, I knew nothing of them in private life.
Have they dealt with you within this last year, as gardeners? - No, they have not.
- PERRY sworn.
I keep an eating house and chandlers-shop, in Princes-street, Drury-lane; I have known both the prisoners six or nine months; they were gardeners; they bore a very good character; they lodged with me in my own house; Hardy was under an assault, as he told me; I was one of the bail for him; they kept a shop in Drury-lane, before they came to my house, a seed shop, and sold fruit, and things; I never was in the shop, nor saw it.
Mr. Silvester. How long have you lived there? - Since Michaelmas; I did live before that at No. 31, Stanhope-street.
Why do you say it was an assault? I will read it to you. (Reads)
"And to plead to the
"indictment, then and there to be preferred
"against him, for assaulting Mark Harrison ,
"and falsely charging him with an
"attempt to commit the crime of sodomy." - I thought it had been for an assault.
Do you mean to say that this man appeared and took his trial at Guildhall? - Yes Sir, and there was no bill found against him.
I am a gardener and nursery-man, at Hoxton; I have known the prisoners eight or nine years; they had a piece of ground at the sign of the Nag's-head; I never knew any thing bad of them; they always paid me very honorably.
Mr. Knowlys. You only know them by dealing with you? - No, I do not know them in private life; I have not seen them this twelvemonth.
- RENTOU sworn.
I live at Hoxton; I am a gardener; I have known the prisoners six years; they have not had their garden at Hoxton for this twelve-month; I never heard of any thing dishonest by them.
I live in Brick-lane; I know the prisoner Hardy; I have known him this fourteen years; I have known Watts these two years; they have both very good characters for what I know.
Mr. Knowlys. Where have they lived all this time, in London? - No Sir, in the country, and his wife; I knew him in Hoxton, and in Drury-lane; and I never heard any thing bad of them before in my life.
Mr. Silvester to Perry. Do you know how long he was in custody on that charge that you bailed him for? - As nigh as I can guess about two nights.
Do you know for a certainty? - I believe it was two nights.
Court to Jury. (After summing up the evidence.) Gentlemen, the fact of the robbery rests on the positive testimony of the prosecutor; and there is no other positive
GUILTY , Death .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
N. B. When sentence of death was pronounced on the capital convicts, the prisoner Hardy addressed the Court as follows: My Lord, we are innocent men, and our prosecutor knows it, though he has sworn our lives away; he knows he was our acquaintance before: there never was so deliberate a piece of villainy brought before a Court of Justice; we have prepared a letter to send to the prosecutor, and we are endeavouring to make our peace with God; but we are really innocent men if we seal it with our bloods.
Court. Having now been convicted, it rests wholly with your Sovereign; the Court has no power.
|Reference Number
|Guilty > theft under 5s
4. WILLIAM TENNANT was indicted for feloniously stealing, on the 10th day of November , two pair of cotton stockings, value 6 s. 6 d. the property of John Smith , privily in his shop .
I am a hosier , No. 218, Holborn ; on the 10th of November, between two and three, the prisoner came in and asked to look at some striped cotton stockings; I shewed him some, and he chose one pair; then he asked for some finer; I shewed him some; he chose one pair; then he asked to look at some brown ribbed, and chose one pair of them; then some silk and worsted, and chose a pair of them; then some black, and he chose a pair of them; five pair in all; and he desired me to send them to No. 24, Great Queen-street; I told him I did not chuse to send them unless he would pay for them; he said, he had no money in his pocket; and I told him, I would go with him to the place; he said, he was not going home; I told him, I would not let him go home till I had searched him, for I had a suspicion he had something of mine.
What had raised that suspicion? - By watching a window that we have in the shop.
Did you see him take any thing? - No, I did not; I took two pair from him in a side great coat pocket.
Had those stockings any mark on them? - No, but I know them by the manufacturing; and the fine ones, I had six pair when I reached them to him; and there were but five pair when I had shewn them
Were they two pair he had chosen? - No, they were of the same sort; he laid all on one side.
What did he say for himself? - He began to cry, and owned to their being mine, and begged I would let him go; here is the constable with the stockings; they cost me four shillings all but a penny.
I am an officer, belonging to St. George the Martyr; I took charge of the prisoner; the prosecutor brought the property to the Rotation-office, and it was delivered to me.
(Produced and deposed to.)
PRISONER's DEFENCE.
I bought the stockings of a pedlar, in Holborn; and I was going by this shop, at the window I saw some of the same kind, and I went in to ask the price, to see whether I was extortioned; I agreed for five other pair; the gentleman said, he did not think I wanted to buy; he searched me and took these stockings from me, and said, they were not mine; I have nobody present to give me a character.
GUILTY, 4 s.
Tried by the second Middlesex Jury before Mr. RECORDER.
[Transportation. See summary.]
|Reference Number
|Not Guilty
5. ANGUS M'DONALD , GEORGE TILLINGHAM , and JAMES DACRE were indicted for feloniously stealing, on the 24th day of November , three wooden casks, value 3 s. two sacks, value 2 s. one feather bolster, value 2 s. the property of John Bright .
(The case opened by Mr. Scott.)
(The witnesses examined separate.)
I am a brewer ; the three prisoners, James Dacre , Angus M'Donald, and George Tillingham are my servant s; I have missed several things a long time; on the 21st of November last, I found in Dacre's house ever so many sacks and three casks; the casks are mine; they have my name on them. (Deposed to) I found a bolster which was on Tillingham's bed; at my brewhouse I found several sacks; I sealed up two and other things; I know nothing against M'Donald nor Tillingham; the bolster is very dirty, and has a slit in it; I think I can safely say that is the same bolster.
Mr. Garrow, Prisoners Counsel. What because it is dirty, and has a hole in it? - Yes.
That is the only reason you have for swearing to it? - Yes.
Where does Dacre live? - About a mile and a half from me.
Does he pass his own house in going to some of your customers? - He may make it so.
A man is very likely to do so if he has a wife at home, I should think? - Very likely.
Do you remember his wife laying in and having a barrel of twopenny of you? - No, it was a firkin; I swear to these marks.
No attempt to disguise it? - Not that I saw.
Was he your head drayman? - Yes.
How long had this man lived with you? - Dacre and M'Donald about four or five months, and Tillingham about ten or eleven.
I was employed by the prosecutor to go to Dacre's house; there I found three casks and a feather bolster; these are the same casks.
Mr. Garrow. Where did you find the casks? - Two of them were in the yard one in the wash house.
Openly in the yard? - Yes, and they seemed to be there a considerable time;
The prisoner called three witnesses, who gave him a very good character.
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Corporal > whipping
6. JOSEPH LEWIS was indicted for feloniously stealing, on the 26th day of November last, one cloth great coat, value 2 s. 6 d. the property of Daniel Henry Heathcott .
I live with Mr. Horsford, a surgeon, in Ratcliffe-highway; the prisoner and a woman came in for a pennyworth of tamarinds; and while I was serving another man, a boy came in; I had served the prisoner, and went to look for the coat, and it was gone; I had seen the coat almost immediately before; the prisoner was near that part of the shop where the coat was; I called out, a gentleman ran out and took the prisoner and the woman about one hundred and fifty yards; I examined the man; he had a red cloak swung over his shoulders; I went to examine the woman; a gentleman came up and seized the prisoner, and he instantly dropped something; I saw the things taken up; they were the cloak which he had slung over his shoulders, and the coat with it.
Prisoner. Could not he have seen the coat if I had it? - I turned over the folds of the cloak, when I seized him, I did not see the coat; I seized the woman who was standing close by, for they were walking when I overtook them; I am positive I saw him drop it.
(The coat deposed to.)
Joseph Dodds called on his recognizance and did not appear.
Prisoner. There were many people, men, women, and boys in the shop when I went in; I did not stir from the place where he served me; there was another gentleman who was the man that came up to me and pulled the cloak out of my hand, and he is not come.
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty > no prosecutor
7. ISAAC FARMER (a little boy ) was indicted for feloniously stealing, on the 9th day of December , two silk handkerchiefs, value 6 s. the property of John Dawson .
Lydia Dawson and John Dawson called on their recognizances, and not appearing, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty
8. LUCY BIRDLER was indicted for feloniously stealing, on the 30th of October last, one linen sheet, value 4 s. the property of John Griesley .
I live at the Hampshire Hog, in the Strand ; on the 30th of October I lost a sheet off the prisoner's bed; she was my servant ; my wife missed it, and told me; I asked the prisoner for it; she said, she did not know any thing about it; I took her up, and the constable found the sheet wrapped round her body.
On the 30th of October I found the sheet about her; it was pinned round the same as a petticoat.
(Deposed to.)
PRISONER's DEFENCE.
I told my mistress I had washed my under petticoat, and I pinned the sheet round me to keep me warm; I was afraid to tell my mistress that I had took the liberty to take it.
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > lesser offence
9. ANN WARD was indicted for feloniously stealing, on the 24th day of November , one furr muff, value 20 s. the property of Joseph Thompson .
I am a haberdasher in Oxford-street ; I deal in muffs as a part of my business; I lost a red fox skin muff, that is a furr muff, on the 24th of November.
JOSEPH WEEDON sworn.
I keep a shop in Oxford-street; on the 24th of November, about five in the evening, the prisoner came to my shop for some trifling articles; I served her; I had lost a muff prior to this a week before; the person that took it was described to me, and I had a suspicion of this woman; and she went out of the shop; and in about half an hour she came in again disguised with the hood of her cloak up, for some trifling article; her face was hardly visible; that confirmed my suspicions; I called a person forward that served her at the time the muff was stolen; she said, she suspected it was the person; upon that I followed her; she joined company with another woman; I followed them down the street to Mr. Thompson's shop; they went in there to buy something; I stood pretty near the window; I saw a muff taken from the window; I was not clear it was taken by her; when she came out of the shop I secured her.
Was there any body else in the shop? - No customer.
How long did she stay in the shop? - Not above two minutes; then I secured her, and took the muff from her; she endeavoured to force it between the bars of the area; I got assistance and secured her. (The muff produced and deposed to.) It cost twenty-five shillings; it is very well worth twenty shillings.
PRISONER's DEFENCE.
There was another woman in the shop; I never touched the muff.
Weedon. The person that was in company with her was what they call at the office a standing bulk, to receive what she stole; she stood at the door; I secured her, but nothing being found on her, she was discharged.
GUILTY Of stealing, but not privately .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
10. FRANCIS ONION, otherwise BATES , was indicted for feloniously stealing, on the 19th day of June last, two lambs, price 32 s. the property of Charles Freeman .
A second count, for stealing the same lambs, the property of Samuel Stanton the elder.
I am a farmer ; I live at Heron-gate, in Essex: on the 19th of June, I lost two lambs; I delivered thirty-two to the drover in my own garden, that was the prisoner, to drive to Smithfield , to my salesman , Samuel Stanton ; when I received the salesman's bill, there were two deficient; they were to be delivered on my account.
The prisoner brought these lambs from Mr. Freeman for me to sell.
How many lambs did he bring to you? - Thirty; there were thirty-two when they were first brought into the penn, that was the 19th of June; my servant told them in, I did not; about a quarter before four, this lad came and caught hold of a lamb , and took it out of the penn, I saw him take it out; as he was taking it away, says I, what are you going to do with that; says he, this is Mr. Burton's of Grays; about ten minutes after, he came and caught another; says I, what are you going to do with that; says he, I am going to take this away, it is Mr. Burton's; says he, you have your number now, you should have but thirty; says I, I do not know how many there were.
Did he do this privately, or before your face? - No, he took them openly; there was no secret in it; it was not four o'clock when he took the last.
SAMUEL STANTON , Junior, sworn.
I saw the prisoner take two lambs away; I know nothing more than my father does.
I am Mr. Stanton's penman; I told in two and thirty when the prisoner brought them; and he came back again, and said
Mr. Freeman. Mr. Burton does not keep any of that sort; they were all my own breeding, the thirty-two.
When was this man taken up? - About this day fortnight.
Was not this in the month of June? - Yes.
Did you never see or hear any thing of him all that time? - Yes, I found the deficiency from Mr. Stanton's account, and he brought the prisoner to me; he did not deny receiving them; he never said what he had done with them; he could say nothing; he acknowledged having them.
Why did not you take him up as soon as you knew from Mr. Stanton that there was a deficiency? - Why we were afraid of trouble, and having an action brought against us for false imprisonment.
PRISONER's DEFENCE.
The lambs that I took away from Mr. Samuel Stanton , one of them belonged to Mr. Meakins, he had it to sell; and I took one to Mr. Reeves; it was Mr. Zachariah Burton 's, and the other I took away for Mr. Meakins to sell; they were not his; they were not marked like his; one of them was marked quite different; the gentleman said he would take his oath it was his lamb. They are not here.
Mr. Stanton. They were all one mark; and the two lambs that he took away were both Mr. Freeman's.
Court. Was there any dispute afterwards with Freeman about the purchase of the two lambs? - No.
GUILTY , Death .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty; Guilty > with recommendation
11. WILLIAM BEAD , CHARLES SHELTON , ROBERT ALDRIDGE, otherwise JAMES WYLEY , and PATRICK FITZSIMMONS were indicted for feloniously assaulting Arthur French on the King's highway, on the 15th day of November last, and putting him in corporal fear and danger of his life, and feloniously taken from his person, and against his will, one silver watch, value 40 s. one silk watch string, value 2 d. one steel key, value 6 d. one guinea, value 1 l. 1 s. and one shilling and sixpence, his property .
I was robbed between eight and nine in the evening of the 15th of November; I was returning from town to the Gundock, Wapping, where I live; being about half way down the New-road , I saw four or five men; I cannot be exact to their number; they met me; they crossed the road, and came round me; one or two came on my left side, and one kept my hat down over my head, and pressed the left side of my head very much, so much, that I lost my senses at the time, owing to an accident I had met with before.
Did they strike you, or use any other violence? - No other.
Did they ask you for any thing? - They took my money while I was in that state, they riffled my pockets.
In what manner? - I do not know, because I was not fairly myself at that time; I was in so much pain, that I do not know, by their keeping my hat down so over my eyes.
So that you do not very well know what happened? - No; I lost my money, and as soon I came to myself, I found they were endeavouring to get my watch out of my pocket.
You perceived that? - Yes, I did, I helped them to take it out; they got the watch, then they grumbled among themselves; one of them wanted me to be dispatched; I think that was the term they made use of; however, the rest prevailed, and they went away, and I returned home.
You did not know any of them, I suppose? - Neither of them.
Was your watch ever found? - I heard of it two or three days after.
Had you advertised it? - No.
How did you hear of it then? - One of the officers of East Smithfield came and acquainted my brother of it; my name was on a paper in the inside; I went in the evening to the Justice's office, and the watch was then produced, and I swore it was mine.
Was any body in custody there? - Two men.
I live at No. 95, in Rosemary-lane; on the evening of the 15th of November, about half past eight, as near as I can tell, the watch was brought to me by the tall man; it was pledged for one guinea in the name of William Bead ; Justice Smith's man, Mr. Dawson, came to my house with the prisoner Bead, and asked for a watch pledged for one guinea, in the name of Bead; I went and looked for it, and found it; I immediately recollected that Bead was not the man that pledged it; I never saw him before; I attended at the Justice's, and described the man that brought it; Bead and Fitzsimmons were in custody be fore the Justice; but neither of them were the man I took the watch of; I do not rightly know the man; he was remarkbly tall; I do not think it is any one of these prisoners; two or three days after it was pledged, Bead was brought in custody to my shop; he asked for the watch in the same manner as if he had pawned it himself; he said, I want the watch that was pledged a day or two in the name of Bead for a guinea; I looked for it, and found it, and said, I was positive I did not take it in of the prisoner, for he was a much taller man that brought it; and when I went to the office, there was another man in custody, but it was neither of these men; about a week or eight days after, the officer came and told me, he had taken the other man; and I attended at the Justice's again to see if I knew him; and I am not able to swear to any of them; the man that was at the second examination was that tall man; he appeared to be very much like the man that pawned the watch with me; but I have a doubt about him, for he was not in the same dress.
Was it that tall man or not, are you able to say? - I do not think it was; I believe it was not any of them; Bead made a kind of confession in my hearing.
In the first place was there any promises of favour made to Bead if he did confess? - I understood from himself from what little conversation he had with me that he had been promised; but I did not hear the officer say so; I only heard him say so.
Did the officer admit or deny his intimation of having a promise made him? - He denied it before the Justice.
I am the officer that took these men; I apprehended Bead and Fitzsimmons, in St. Catharine's, on an information; the Magistrate was not then sitting; I was going to lock them up, and Bead desired to speak to me; he asked me if I thought it would be of any service to him, as he had a poor old mother, if he was to make a confession of this robbery; I told him it rested with the prosecutor and the Magistrate; I could not give him any answer as to that, at that time I did not know the prosecutor, I only was informed there was a robbery committed in the New Cut that night, and that Bead and Fizsimmons, and the other two people that were in custody, committed it; I told Bead what my information was, and he said, he would go with me, and shew me where the watch was.
Was there no expectation given this man on the part of the crown, that he should be shown favour if he made a confession? - No, I tell you the plain fact; I declare there was no promises made to him of any kind whatever; at that time I did not know the prosecutor, so far from that I putWilliam Bead , pledged for a guinea; Mr. Hyde the pawnbroker let me look at the watch, and in the outside case was a paper, and in the under part of that paper was Mr. French's name, Arthur French ; I referred to the watchmaker's name, and took the number, and went to the watchmaker; the watch is here.
(Produced by the pawnbroker.)
I have had it ever since; it is the same watch.
(Deposed to by the Prosecutor.)
Dawson. The pawnbroker said, you are not the man that pawned it; no, said he, I am not; James Wyley pawned the watch; I never knew him by the name of Aldridge till this time; he then said, that Charles Shelton , Robert Aldridge , and Patrick Fitzsimmons were concerned; but when he was committed for further examination he then denied every thing he said; we were not able to apprehend the others for a considerable time after; I took them on board a man of war, out of the Maidstone frigate, in Long Reach; I know nothing further of any of the prisoners.
Court to Prosecutor. What money did you lose? - A guinea and eighteen pence.
Court to Hyde. You say you do not think it was any of the prisoners that pledged it? - No.
Court to Prisoner Bead. Have you any thing now to say in your defence? - No.
Have you any body to give you a character? - No; I did not know my trial was coming on.
WILLIAM BEAD , GUILTY, Death .
CHARLES SHELTON , ROBERT ALDRIDGE , otherwise JAMES WYLEY, PATRICK FITZSIMMONS ,
Jury. We particularly wish to recommend this man to his Majesty's mercy, on account of his confession .
Prosecutor. I wish also to recommend him; I apprehend that was the man that shewed me favour.
Upon what do you ground that belief? - Merely by his voice, no other reason; his voice exceedingly accords with that of the man who spoke in my favour.
Court. Then you think his voice was not the voice of the man that meant to do you a mischief? - No, my Lord.
That is all? - That is all.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > with recommendation
12. GEORGE WALLACE was indicted for feloniously assaulting Joseph Slack , in a certain field and open place, near the king's highway, on the 20th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one shalloon wrapper, value 2 s. one grey cloth coat, value 20 s. one pair of velveret breeches, value 30 s. one pair of silk breeches, value 30 s. the property of John Lill ; and seven copper halfpence, value 3 d. halfpenny, one farthing, one sixpence, and one small piece of silver foreign coin, value 1 d. the property of the said Joseph .
How old are you? - Fifteen; my master lives at No. 9, Wood-street, Cheapside; I was robbed on the 20th of November; our foreman ordered me to brush some clothes, and take them home to Mr. Madox, at Mr. Durant's, at Rotherhithe; they were a great coat, and a pair of velveret breeches, and a pair of sattin breeches; I tied them up and set off from my master's house about ten in the forenoon; and the foreman gave me sixpence to cross the water from Limehouse-hole; after going through Stepney-fields, I overtook this man in Whitechapel, and I asked him two or three times to shew me the way to Stepney-fields, and then I asked him which wasStepney churchyard , and I knew I was right as far as there; then he took me out into the fields on the right hand; when he got me out into the fields, he took and pushed me down behind a hedge; he told me, if I made a noise, he would kill me; and he asked me if I had got a watch or money; I said no; then he rifled my pockets, and took sixpence and a little silver foreign piece, and threepence halfpenny, and a farthing, and he took the handkerchief with the things; then he turned round the hedge and ran across the fields; I immediately got up and ran round the hedge after him; I saw him run across the fields; and I saw a house on my left hand; I ran into the house and got two men to my assistance; and I shewed them the man running along the fields, with the clothes under his arm; we immediately pursued him and ran about half a mile; when he got almost to the top of one of the fields, there was a large bank, and he stopped there, and dropped the clothes, and when he dropped the clothes he walked about ten yards from them; then he stopped, and the two men immediately came up and took him, and brought him back with the clothes.
Was that the same man that robbed you? - Yes.
Are you sure of that? - Yes, they brought him back and gave me the clothes.
Did you see him drop the clothes? - Yes, he was taken into custody.
What did he say for himself? - He said he did it for want.
I know no more than I was foreman to Mr. Lill; and I gave the boy charge of the clothes; they were a grey coat, a pair of velvet breeches, and a pair of sattin breeches.
I am the constable of the parish; about twelve o'clock the prisoner was given in charge by these two witnesses; I searched him, and found the money which I have in my pocket (produced) threepence halfpenny, and a little Spanish bit; I could not find the sixpence.
(The piece of silver handed up to the Court.)
Court. What sort of silver piece was it? - A small piece about the size of a twopenny piece, with a head on one side; I have had it two months; my cousin left it me when he went to sea; I do not know what is on the other side, nor the letters.
Is that the piece? - Yes.
Did you know what piece it was, or of what country? - No.
You never heard while you had it? - No.
The boy came where I was at work, and cried, and said a man had robbed him of his bundle; he shewed him me; I pursued him; he was a field off; I came up to him; when I first saw him he was walking on gently, with a bundle under his arm; William Combes and the boy were with me; I overtook him, but before I came up to him, I saw him drop a bundle; I picked up the same bundle.
Was he ever out of your sight after he dropped the bundle? - No.
I was with the last witness when he followed this man; the prisoner was a field off; I pursued; I saw him with the bundle under his arm; he dropped it before he went ten yards; this is the man.
(The clothes produced, and deposed to by Rutledge, who finished them.)
PRISONER's DEFENCE.
I left my boat at Limehouse-hole, on Sunday night; I was going to fetch her up; the boy asked me the way; I told him I would shew him; going through the fields, he asked me to hold the bundle for him, accordingly I did, and presently came up these two men, and said I had robbed him, and I threw down the bundle for fear of being ill used, and they took me before his Majesty; the boy said he was thirteen years old; and he said he did not know the consequence
GUILTY, Death .
He was humbly recommended to mercy by the prosecutor's wife, the prosecutor being ill .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > theft under 40s
13. WILLIAM MERRYMAN was indicted for feloniously stealing on the 2d of September , one silver watch, value 42 s. and one key, value 2 d. the property of Francis Donaldson , in the dwelling house of Thomas Elliott .
I lost my watch about six months ago; I gave it to Mr. Elliott to dispose of it as well as he could, to get me a little money to pay my rent; I do not know what came of it after.
I am a publican in Holborn ; Francis Donaldson brought me this watch about the 22d of September, to raise what money I could to pay his rent; I shewed it to several people to sell it; I put it into a little drawer in my bar; and one night while I was in my cellar, between eleven and twelve, the prisoner conveyed the watch out of the drawer; I missed it about the 21st or 22d of September; however, it was within three days of the time he brought it to me; I could not tell who to lay it to; I saw it the day before, and shewed it to some people; this passed on for about six weeks; this prisoner was amongst the coaches, and about our house, and picked up what he could, and he went on errands; about five weeks after I lost the watch, the prisoner was brought to my parlour by some people, and he confessed he had robbed a man of some money, and there I heard him confess he had taken the watch, and pawned it in Whitechapel; the next morning he went to the pawnbroker's, and they produced the watch.
Donaldson. I can swear to the watch any where; I know it by the string which I put on, and the key, and every thing; he said when I was gone down in the cellar, he put over his hand into the bar and pulled it out; I made him no promises; I heard none made about the watch, and what promise was made in the parlour about the money, I cannot say.
Is any of these people here? - No, I did not know they were required; the Magistrate said me and Donaldson were enough.
Who was the Magistrate? - Mr. Girdler.
Prisoner. They promised me if I would tell them where the watch was, that I should be done nothing to; one was Mr. Brown a coachman; I have not a friend in the world, but God and you.
Court to prosecutor. What may the value of the watch be? - Two guineas.
Jury. Was you ever offered two guineas for it? - Yes.
GUILTY, 30 s.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > lesser offence
14. MARY ADAMS was indicted for burglariously breaking and entering the dwelling house of John Oliver , on the 3d of November last, about the hour of three in the night; and burglariously stealing therein, two copper porridge pots, value 10 s. and two saucepans, value 4 s. his property .
I am a publican at the Green-man, at Hodsdon-green, in Wilsdon parish ; my house was broke open the 4th of December; I went to bed about ten; I was not the last up; the girl fastened the house; and as I lay in bed, I thought I heard the glass fall from the pantry window, on the bricks; it was a little after three in the morning; I got up immediately, and threw the window
Was it light then? - Yes Sir, it was moon-shine.
Did you know her then? - No, I did not, she had a light coloured great coat on all over her; I thought it had been a man; I hallooed out and said, do you want to rob the house? and two patrols were going along, and they heard me, a nd came and stopped the prisoner before she got away from the place; then I came down stairs; we brought her in doors and went into the pantry, and found the pottage pot and saucepans all moved on the dresser; and two pottage pots, and two copper saucepans, and a tin cheese toaster, moved from under the dresser, and put in the sink under the window, ready to take out.
Was the window shut or opened when you found it? - Wide open.
Was the window large enough for any body to get out of? - Yes.
Was it a casement window or a sash? - A casement window; and the pottage pot was put on the sill of the window, half in and half out; and her clothes were all smutty.
Did you take such particular notice as to observe whether there were any marks that denoted her having been in the house? - There were some victuals eaten and drank.
But I mean any marks of feet? - No, it was bricked on the inside; her clothes were smutted.
Did you observe any thing else? - She was not searched till we came to the Rotation-office; I saw nobody else with her; she lived with us for a week about two months before.
Where had she gone after she had left you? - I never saw her after she went away till that morning.
I live with John Oliver ; I am his servant.
Do you remember the night when this attack was made on his house? - Yes, it was Monday night, the 4th of November; I went to bed about ten; my master went to bed last; I went to bed before him; there is no other young woman in the house but me; I fastened up the window.
Do you remember fastening up the pantry window in particular? - Yes, I fastened that with a wooden bar that went across it.
Were there any shutters? - Yes, one shutter.
Did you go into the pantry again before you went to bed? - Yes, I went to carry the supper things away, and the window was then fastened; I observed it.
I do not ask you what you suppose, but did you happen to look at the window? - Yes; I did fasten it; I saw it fast afterwards.
Where does the window look into? - Into the yard.
How high is it from the ground? - Some distance.
How high? - About four feet.
Is it a sash window or a casement? - A casement.
Did you observe that window the next morning? - Yes.
Did you see whether it was broke or not? - Yes, in four or five panes.
Do you now remember the prisoner? - Yes, she was the person that was apprehended that morning.
Had you cleaned the copper pots and saucepans? - Yes, I cleaned them and put them in their places; they stood under the dresser in the pantry; I put them there the Friday afternoon.
How far is the dresser from that window? - Close to it.
Whereabouts is the sink? - Under the window; and the dresser is close to that; some of the things were packed up the next morning and stood in the sink, and some on the dresser.
Were they wrapped up in any thing? - No, they were not; I know nothing of the prisoner's being concerned in the robbery.
JOHN KITCHENOR sworn.
I am a patrol employed by the parish of Wilsdon; I took the prisoner; there is a brick work that is under the pantry window where the things were in the yard.
How did you get into the yard? - I got over a gate.
Was the gate fastened? - I believe it was; I did not take notice of that.
Were they high gates? - A pair of gates that clasp to, one in the other; I found a large pottage pot on the sill of the window, half in, and half out; the other pots and saucepans I did not see till I went in the inside of the house; they were in the sink.
Did you observe any thing about the dress of the prisoner? - Yes, she had a man's coat on which was smutted down the side.
Was it fresh smut? - Yes.
Was there any other way of getting into the yard but by the gates? - Yes, the fence was broke down.
I am the other patrol; I took the prisoner.
What time was it? - A little after two in the morning; I saw her just against the window, half in and half out.
I live with Mr. Bensford a woollen-draper, No. 24, Ludgate-hill; he had a house in the country, in the parish of Wilsdon, near Mr. Oliver's house; I slept that morning at the prosecutor's; I was awaked in the night by a noise of somebody breaking into the house; I was alarmed about half after three in the morning; I heard the glass fall, and I came down stairs in my shirt, and saw the prisoner standing at the window; I immediately opened the door and clapped hold of her.
Was that before the patrols came? - They were in the yard at the same time with the woman; I observed the casement window was broke in three or four places; some pieces of glass were broke out, and some hung in; and I observed one pot on the sill of the window, and the other lay by the sink hole against the window, ready for taking away; I observed the prisoner's coat was all smut.
Did you observe whether it was fresh? - Yes, I observed it was fresh; I put my hand upon it, and it rubbed off.
Is there any house near that has a view into this yard? - No.
Court to Prosecutor. Did you observe in the morning where the bar of the window was? - It lay down in the sink.
How could this bar be removed by a person on the outside? - The casement opens on the outside; she opened the glass; it goes with a catch; she put her arm and unhasped it, and pulled it open; she got a thin bit of stick, which she said she found in the back yard, and there was a crack in the shutter that gives room enough to push up the bar; she owned the next morning in the tap room how she opened it; we asked her how she opened it.
Did you charge her to tell the truth, did not you always advise her to tell the whole story? - I asked her myself.
I suppose you told her it would be better for her? - Yes, we did.
(The pots produced and deposed to.)
Should you have known that pot if you had not seen it in your house? - Yes, I should.
Court to Girl. Are these the pots you cleaned? - Yes.
Patrol. I marked them, and the pots are the same.
PRISONER's DEFENCE.
I should be glad to have my wages; I was not in the house, and they took me about two stones throw from the house.
Have you any witnesses? - No, I have not.
GUILTY, Of stealing, but not of the burglary .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > theft under 40s
MARY ADAMS was again indicted for feloniously stealing, on the 3d day of September last, two cotton gowns, value 24 s. one green sluff petticoat, value 3 s. one white callico petticoat, value 12 d. two shirts, value 5 s. one shift, value 1 s. one hat, value 2 s. one ostrich feather, value 6 s. one silver thimble, value 12 d. the property of John Oliver , in his dwelling house .
The prisoner lived servant with me about a week before this robbery; she went away on the Saturday after she came, in the night; I do not know what wages she was to have; my wife agreed with her; when the boy got up in the morning to light the fire, he found the door open; I did not see her after till the morning she was taken; I missed the things mentioned in the indictment.
I never hired the prisoner; the prisoner came to be hired till Michaelmas; I told her to come, and at the week's end she ran away; I left her at twelve on the Saturday night, and she was gone the next morning; and the back door left unbolted; I missed the things mentioned in the indictment; the shift and thimble were found in her lodgings, and the other things at the pawnbrokers; the duplicates of the things that were found were in her pocket.
I am a constable of St. James's parish; I produce a shift and thimble and a duplicate of a gown; on the 4th of November the prisoner was brought to the office in Litchfield-street; one Box, a soldier came to her; I took him into custody; and in searching their lodging) they lodged together in Marygold-court, Strand; at Mr. Harwood's) there I found this thimble.
How do you know they lodged together; - From the man's confession, and the landlord of the house; on searching a box under the bed, I found a shift and the duplicate of a gown; and Box told me they were the woman's property; the shift and duplicate were in the box; and the thimble on the drawers in the room.
Court to Mrs. Oliver. Look at that thimble? - It is mine; here is my maiden name on the outside of it; I have had it above these twenty years.
(The shift deposed to.)
I am the keeper of the Rotation-office, in Litchfield-street; I produce two duplicates; on the 4th of last month, the prisoner was brought to the office by the patrol; they said, they had not searched her; I searched her and found these duplicates; and there we found the things were pawned in the Strand.
I am servant to Mr. Brown in the Strand; I have a gown and petticoat pledged at two different times by the prisoner; the gown for six shillings and sixpence, and the petticoat for two shillings and sixpence; the prisoner had been at the shop before; I knew her; I asked her if they were hers, and she said they were. (Deposed to.) These things were in the room where the prisoner was to sleep, in a clothes basket.
What is the value of that gown and petticoat? - Upwards of thirty shillings.
I produce a gown pledged on the 18th of October, by the name of Mary Boxley , of Marigold-court; I cannot say who pawned it with me, the person was a stranger; I have not the smallest recollection of her.
I know nothing of the shift or gown.
Did you ever see them before? - Not to the best of my knowledge.
PRISONER's DEFENCE.
They moved the things out of their room, to let a gentleman and lady sleep in
GUILTY, Of stealing, to the value of 30 s.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
16. WILLIAM ALLEN was indicted (together with THOMAS GLAVES ), for feloniously assaulting John M'Donald on the king's highway, on the 11th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one red Morocco pocket book, value 12 d. and a man's hat, value 3 s. his property .
I am an apprentice to a shipwright ; on the 11th of November last, I was seeing the Princess Amelia's burial; on Saturday night; I got out of the croud amongst the soldiers to see the procession go by; when the procession got into the Abbey then we were all turned out of the line of the soldiers; I got on the wheel of a coach for fear of getting any hurt, and while I was on the wheel, the prisoner and one or two more came and pulled me backwards, and gave me a blow in the mouth; I turned round and got down from the wheel, and Allen the prisoner, and the other man jostled me up against the coach wheel: Glaves put his hand into my pocket, which I caught hold of; I just then turned round; and the prisoner said, have you got it; he said, no, I cannot feel one; the prisoner said, d - n your eyes feel again; I know he has got money; the prisoner and Thomas Glaves put his hand into my right hand pocket and pulled the money out; I know Glaves to have been one; I am positive to him.
Have you ever seen the prisoner before that night? - No, Sir.
Did he speak to you at all? - No; the prisoner said, has he any money; Glaves said no; the prisoner said, d - n your eyes, feel again, for I know he has got some money; with that he turned round and jostled me up against the coach again, which they had no occasion to do, for there was no person nigh enough to push them up against me; then Glaves felt again, and I caught his hand a second time; then I turned and said, my friend, you had better be quiet, or else I will have you hobbled; with that the third person that was with them, said, is it me you mean? no, says I; says another, is it me? no, says I; then says he, it must be you; no, says I, I have nothing to say to you; I was glad to get rid of them for fear of being ill used; there were many people near, but I was afraid to speak to any of them for fear of speaking to their acquaintance; they went away, and I followed, resolving if I saw any, body to give charge of them; I missed my pocket book immediately as they quitted me; it was taken out of my great coat pocket; then I lost sight of the other two, but still kept sight of the prisoner at the bar; I caught hold of his arm, I was near losing him, but he turned round, and said, d - n my eyes, do you mean to pick my pocket, I have lost my knife already; I then followed him a little farther, and I heard the name of Bill, Bill, called; he said, halloo, and went to the same two; and they went away about two hundred yards, they saw me following them, and they turned again, and the tallest of them, neither the prisoner nor Glaves, asked me what I followed them for; they all three turned about; there were some men coming along, and I asked them to assist me; but they would have nothing to do with it; then they ran away; before they ran away, they said, if you follow us further we will knock you down; upon which the prisoner said, do not knock
Was there much light? - Yes, the lights at the burying shewed a good distance; there were many lamps.
Can you undertake positively to swear to the man from such a short observation on such a night? - I can positively swear to him.
Prisoner. He never mentioned that before the Justice? - I never mentioned any such word.
Prisoner. And before the Justice he declared he had lost his hat? - I said, the hat was taken from me.
On the 11th of November, in the evening, I, with five more officers, having a little leisure time, went down to that spot to see for a person I wanted; I heard the cry of stop thief; I saw a man running and another after him without a hat; I followed one who dodged under a coach; I got fast hold of him; that time the prosecutor was up with us; says he, that is the man that has robbed me; I asked him of what; he said, he knocked or dragged him off the coach wheel, and had taken his hat and pocket book; I then took him into custody, and in taking him along, I gave him to Treadway and Beamish, who were with me; I found a mob of people following us very close, with several imprecations, and I was rather afraid of some mischief; Beamish hallooed out to me, take care, Freeman; I turned round, and observed a stick over my head; the prisoner was making a blow, which Beamish prevented; I turned about, and told the people not to attempt to rescue the prisoner; I drew a pistol, and said, I would shoot the first person that attempted to rescue my prisoner; I did not apprehend the prisoner but the other man; they still swore, and I drew a pistol, and told them, that the first man that attempted to rescue my prisoner, I would blow his brains out; I got him into a public house; I then got a coach, and took the prisoner Glaves to St. Giles's round-house; I was informed that Glaves called himself a Boroughnian; and I thought to go to the Borough; on Monday I went to take my prisoner to the Magistrate, and found that he had made his escape; I went into the Borough to Ward and Smith, and enquired after Glaves, and says I, I believe you know a partner of his; and I described him; yes, says they, his name is Allen; I told them to apprehend him, and bring him to me; on Tuesday, the 14th, they brought him to me; I knew him directly; I then put him into custody, and sent for the prosecutor; when he came, I put the prisoner, which I usually do in those cases, among many more people, and one of my brother officers went in with the prosecutor, and asked him if he knew any person there, and he pitched upon the prisoner directly.
Now, what opportunity had you of seeing the prisoner that night, or had you any but what you have just described while he lifted the stick? - I never saw the prisoner before that night, but going to the public house, there were several lights, and I observed the prisoner as he was making a blow at my head, which Beamish prevented; I noticed him particularly; I am positive that is the man that followed me, and attempted to strike me; the prisoner said before the Magistrate, I advised Glaves not to knock you down.
Prisoner. I saw the men; but was not in their company; one said, cut him, and another said, knock him down, and I prevented them.
On Saturday, the 11th of November,
On the night of the burial of the Princess Amelia, I went down with Freeman; I heard the cry of stop thief; Glaves ran under a coach, and somebody attempted to strike Freeman, but whether it was the prisoner Allen, I cannot say, for Freeman was behind.
On the 12th of November, the prisoner came to me to the Bird-cage in the Borough, and he told me that Glaves was taken up.
How came he to tell you that? - I do not know; says he, we were at the burial last night; I asked him who we were; he told me himself, William Glaves , and another man, and that they had knocked a man down, and taken his hat, and Glaves was in custody for it.
Are you a constable? - I am an officer in the Borough; I had taken this prisoner before, and I suppose he knew me: on the Monday, this Mr. Freeman came over to me, and asked me I knew one Glaves; I said yes, very well, and I know his partner Allen; says he, Glaves has got away, and if you see him, apprehend him and Allen too; says I, do you know Allen? yes, says he, and he described him, dressed in a blue jacket, and dirty nankeen breeches.
Court. You being a constable, did it not occur to you to have taken Allen up yourself? - Yes, but I did not know the contents of it; I was sure if I heard any thing more of it, I knew where to find him.
Was he in liquor? - No, he was sober that morning; on Sunday morning he was in liquor; and he told me when I took him, says he, if you had met me two hours before, I had a couple of good pistols, and I would have blown your brains out.
I can say no further than what Ward has said; I assisted in carrying him to the office.
Prisoner. I leave it to the mercy of the Court; I have not a friend in the world; they have sworn false; they live by swearing people's lives away.
GUILTY , Death .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty; Not Guilty
17. FREDERIC DANIEL LUCAS , EDWARD HAM , and JOSEPH RAY were indicted for feloniously assaulting William Paulett on the King's highway, on the 7th of December last, and putting him in corporal fear and danger of his life, and feloniously taken from his person, and against his will, one silver watch, value 30 s. one steel chain, value 6 d. a silver mount for a seal, value 6 d. a seal, value 3 d. a key, value 1 d. and three shillings in money, his property .
I live at Killburn; I was returning between six and seven, on the 7th of December, between the fourth and fifth milestone on horse-back; I was stopped by three footpads, with sticks; they demanded my money, and I gave them three shillings, and they took my watch out of my pocket; I knew nothing of their persons; I have seen my watch since; I swear to it; No. 1314, maker's name Wrench; it had a steel chain, and two seals to it.
I am one of the patrol belonging to Sir Sampson Wright ; on the 19th of this month, on the Edgeware road, about the four mile-stone, I met the three prisoners at the bar, at a quarter before twelve at night; I first laid hold of Ray, and he immediately dropped this out of his hand. (a hedge stake.) I immediately laid hold of
Court. What became of the third man? - Another of my partners had hold of him.
I am one of the patrol employed by Sir Sampson; I was the apprehender of Edward Ham ; they were all three together that night; he had this stick, and he immediately threw it away; he put his right hand into his pocket, and I fastened his hand in his pocket, and he had this knife in his pocket, open as it is at present. (A large clasp knife.) I was present when these men were examined before Sir Sampson.
Was there any promises made to them, or any threat, or any thing said to induce them to make their confession? - Not in the least; I saw them sign it.
Mr. Knowlys, Prisoner's Counsel. Was you present all the time? - Yes, the chief part of it; I do not know that I was out; and I am very sensible I was not.
Will you take upon you to swear positively, that you was there during the whole time? - I can.
Then why was not you positive at first? - My meaning was this, I might put my head out of the door, but not my feet; that is my hand writing; I saw them sign it before the Magistrate, and signed it myself; the Magistrate asked them if they were contented, and they said they were.
I live with Mr. Baker, No. 115, in Houndsditch, a pawnbroker; this is a copy of one of our duplicates; this is our duplicate of a silver watch; it was pledged by the prisoner Lucas; I am sure of it, though I never saw him before; I saw nobody with him; we particularly examine strangers bringing a watch; he said he had it about a month, that he won it at a raffle; I then asked him the maker's name, which he could not inform me, being a German; there is the name of Lucas upon the duplicate; it was brought to me on Friday, the 8th of December.
(The watch deposed to by the prosecutor.)
I have had it a year and a half.
Miles. It is now in the state it was brought to me with the string annexed to it.
Court to prosecutor. Is that your chain to your watch? - No.
(The confession read.)
Middlesex to wit.
"The examination
"of Frederick Daniel Lucas , taken before
"me the 10th of December, 1786,
"who says he was born at Hanover, and
"bred a labourer ; has been in England
"three years; knows a person now present,
"whose nick-name is Chilliby; that
"on Thursday last, Ham proposed to go
"a robbing, which they agreed to; and
"this examinant and Ham, and a man
"called Jack, an Irish sailor, about two,
"all left the Sun, and went on the Edgeware
"road; they stopped a man on foot,
"who said he had only a few half-pence;
"they stopped a man on horseback, and
"robbed him of three shillings, and a
"silver watch; and afterwards another
"man in a cart, of one and sixpence, and
"then they went to town together: and
"this examinant, said Ham, and the said
"Jack met at the Sun ale-house, where
"they agreed to pawn the said watch;
"and he, the said examinant, pawned
"the same for one guinea, which they
"divided, each having seven shillings,
"and was at the said Sun ale-house yesterday
"about twelve; when the said
"Ham called him out, and proposed to
"him to go a robbing, and desired him to
"call out Joe Ray ; that they went together
"on the Edgeware road , and that
"there they stopt a man on foot, and demanded
"his money; and he said he had
"none, and they let him go; then they
"stopped another, and robbed him of two
"shillings and two-pence; then another
"they let him go; and they were
"soon after apprehended by the patrol;
"at which time he, this examinant,
"dropped a purse and money upon the
The examination of Edward Ham , charged with felony the 10th of December, 1786.
"Who says, he is a labourer ,
"and lodges at the Whittington and Cat,
"in Whitechapel; was in company
"with a sailor, whose name he does not
"know, and Lucas; that they were on
"the Edgeware road, and stopped a man on
"hoseback, whom they robbed of three
"shillings and a silver watch; and another
"in a little cart, whom they robbed
"of one and sixpence; they came to town
"together, &c". (The same as the farmer, only saying that Lucas pawned the watch.)
Middlesex, to wit. The examination of Joseph Ray , dated the 10th of December, 1786.
"Who says, that yesterday afternoon,
"about half past three, he was
"in company with the two persons now
"present, who called themselves Daniel
" Edward Lucas , and the said Ham; that
"they stopped a man, and demanded his
"money, but cannot say what, as Lucas
"took it; that they stopped another man
"on foot, whom they robbed of what money
"he had; and they took the Kilburn
"road, and stopped a man on foot, and
"they had no weapons but a stick each,
"except the said Ham, who had a large
Prisoner Lucas. I'have nothing to say.
Prisoner Ham. That gentleman who stands there, when they took me in custody, took out of my pocket one guinea, two shillings, and one penny, which I will be greatly obliged to you to return before I speak; the night they apprehended us, I had been down to Edgeware to see a young fellow, who was a lad that drove a chaise; but I could not find him; returning back from Edgeware, I met these two young men on the road; they said, they were going to town; when these men took us all to a public house; where they searched us, and kept us all night in Covent Garden watch-house; and in the morning there were two young men that were Frenchmen that were in prison in the same room where I was; they had some gin, and I drank with them, and I smoked a pipe of tobacco, and it took a great effect upon me; I knew not what I said; I remember taking the pen into my hand; but I am innocent of knowing any thing of these men; I have nobody here at present; I expected my brother who lives with Mr. Dowry, in Billiter-square.
GUILTY , Death .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty > no evidence
18. The said JOSEPH RAY was again indicted for assaulting William Field , on the king's highway, on the 7th of December , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 30 s. a seal, value 1 d. and eighteen pence, his property .
There being no evidence, the prisoner was ACQUITTED .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
19. The said FREDERICK DANIEL LUCAS , JOSEPH RAY and EDWARD HAM were again indicted for assaulting James Saville on the king's highway, on the 9th day of December , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one leather bag, value 1 d. and two shillings in monies numbered, his property .
JAMES SAVILLE sworn.
I am a carter ; I was stopped near the four mile stone, near nine at night, by three men.
Do you know any of them? - No, I think I do not; they, bid me stop, and they asked me for my money; I gave them my purse with the value of two or three shillings, with a few halfpence; they went away and left me; I should know my purse again; it was a leather purse; I have had it some time.
(Produces a purse.)
This purse dropped out of Lucas's hand; I took it up; there was two shillings, and twopence in halfpence.
You are sure Ray was one of the three? - I am sure he was the first I laid hold off, and Lucas was the second; I had not the handling of the third.
I seized Ham.
Were Ray and Lucas in company with Ham at that time? - Yes, they were all three together.
Did you see that purse the moment it was dropped? - No, I cannot say I did; I was rather behind them; I apprehended the last man; I saw Ray sign his confession.
Was it read over to him before he signed it? - It was.
Did he make any objection to the contents of it? - Not in the least; he said, they were contented.
Was any thing said to him, either by the Magistrate or any body present, that he had better make a confession? - Not a single syllable.
(The purse shewn to the prosecutor, and deposed to.)
Mr. Knowlys, Prisoner's Counsel. How do you know it? - By the string and holes.
When you go to market how many purses of this kind do you see? - I do not think there is a great many of this sort.
What is there any more convenience for money in that? - There is not many of this sort; I seldom see many of them.
Mr. Knowlys, to Creedland. I think when you was speaking of this confession before, you was not quite sure at first whether you was there all the time? - I am very sensible I was not out of the place.
I believe they were all three perfectly sober; there was no promise whatever made them; there was not a syllable mentioned of any advantage that might arise from it; they made no objection in the world; the other men rather denied it at first; but they confessed it afterwards.
ALL THREE GUILTY , Death .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > with recommendation
20. SAMUEL PHIPPS was indicted for that he, on the 23d of November last, about the hour of twelve in the night, being in the dwelling house of one William Hebb , one gold snuff box, value 12 l. one lapis lazuli snuff box, mounted in metal, value 3 l. three gold seals, value 6 l. two rings, value 40 s. nineteen gold rings, value 40 s. three pair of gold ear-rings, value 15 s. one metal watch with a gold case, value 8 l. and three guineas, the property of the said William, in the said dwelling house, feloniously did steal, and afterwards burglariously broke out of the said house .
The prisoner was my servant; I hold two shops, a toy shop and a snuff shop , in Cockspur street ; he hired himself as a shopman to me in the snuff trade; he first came to me on the 9th of November, and on the 23d of November, after shutting the shop he went down stairs to get his supper; and about a quarter past eleven my wife and I went to bed, as we generally do about that hour; the prisoner lodged inDavid Davis came and knocked harder, and said, the prisoner was gone, and he was afraid had robbed the shop; I got up immediately and came down stairs, and looking in the shew glass, I missed a gold enamelled box, from the shew glass, and a lapis lazuli box, and some gold seals, and other articles; he took the box where the plain gold rings were; I then went into the snuff parlour, where I occasionally kept some money; and there I found the lock of a drawer had been picked, and three guineas and a half, and some silver had been taken out; then I went to Sir Sampson Wright 's office, and ordered hand-bills; the door of the snuff shop into the street was unbolted and left on the latch, and the prisoner was gone.
Are you sure that door was bolted and barred on that night? - Yes, for I always go into the shop of a night; I am sure it was barred; I always look at both shops to see if I am secure; the prisoner was taken at Norwich; I went down to Norwich on that day week; in consequence of a letter from the sword bearer of Norwich; it was Monday the 1st or 2d of December; I swore to the man and my property, which I found there; I went to the town hall on Monday at twelve, where the Mayor and Alderman meet, and about a quarter before one the prisoner was brought into Court; they asked him if he knew me, he said, he did; he did not deny the robbery.
Were your things produced when he was there? - Yes.
Who produced them? - The sword bearer of Norwich; he is not here; Levi Isaac is here to whom he offered them; I came to town and got a warrant from Sir Sampson Wright .
Prisoner. I have no question to ask; I acknowledge myself guilty of taking the things, but not the money.
Jury. Was there a communication between your shop and the goldsmith's shop? - Yes, there is a door between one shop and the other without going into the street.
I was servant to the last witness; I know the prisoner; he lived at that time with Mr. Hebb; on the 23d of November, about half after eleven he went into the parlour behind the snuff shop, which has a door that opens into the toy shop, and there is another door to the toy shop facing that, which I locked and took the key to bed with me as usual; that door opens into the passage; he slept in that parlour, and at half after eleven I saw him in the parlour; but not in bed; the next morning, 24th of November, I got up about half after seven, and unlocked the toy shop door adjoining to the house, and took down the shutter of the front window of the toy shop, and I saw the snuff shop had not been opened; I then went into the snuff parlour to call the prisoner, and saw the bed down, and the clothes tumbled; but he not there; I then went into the snuff shop, and found that door unbarred, unbolted, and on the latch only; I then opened both shops, and came into the toy shop, and put the shew glasses belonging to the window in; and I missed some things from the shew glasses; and saw a vacancy; I called my master; I missed a gold box in particular, and some seals.
Court. I think you say it was a quarter past seven when you got up? - Thereabouts.
You knew nothing about the prisoner being gone, till you pulled down the shutters from the toy shop window? - No.
It was quite light then of course? - Yes, it was day-light.
I know the prisoner.
When did you see him first? - Yesterday was a fortnight; about the evening, at Norwich; he sent for me in a public house, and shewed me the goods to sell; I live at Norwich; I deal in clothes and silver; there was a gold watch, and the things mentioned
Did you see the goods at any time? - Yes, when Mr. Hebb came down, I saw the goods brought along and the prisoner.
Who brought them along? - That man.
Did you know them to be the same? - Yes, I do know them to be the same goods; they are particular goods; any person can swear to them at any time.
Did you ask him how he came by them? - Yes; and he said he came from Ireland.
Had you known the prisoner before? - No, I never saw him before.
Court to Prosecutor. Were these goods that you have in your pocket, produced before the Mayor of Norwich? - Yes, they are the same goods.
And can you take upon you to say that they are yours? - They are some old shop-keepers, and old acquaintance of mine; I am sorry to say we have had them in the house so long; as to this box, we have had it twenty years; it was sold in our sale, and the Jews returned it again; I could have sworn to it any where.
What might be the value of these things? - I look upon it to be thirty or forty pounds all together; there is no putting a real value upon these things; this box is eighteen guineas in my father's time; it weighs seven pounds; I suppose it may be worth ten pounds; it is such a fancy trade, we lose such a deal by fashion.
Court to Isaac. Look at these things, and tell us whether they are the same you carried to the Mayor of Norwich? - Yes, they are the same goods.
I know nothing of the robbery, only coming up in the coach with the prisoner; he said every thing his master charged him with, was a truth; but the money he did not touch; and that he got out of the house about a quarter after twelve as near as I can guess.
How came you to be talking about the time? - I said it was a wonder they did not catch him going out; he said he kept his candle burning till he thought they were all asleep, then he went out; he said he believed it might be a quarter after twelve.
PRISONER's DEFENCE.
I have nothing to say in my own defence, only in respect to the money, I did not take it; I acknowledge myself guilty of every thing else.
GUILTY, Death .
He was humbly recommended to mercy by the Jury .
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
21. JOHN ANDERSON was indicted for feloniously stealing, on the 27th day of November last, one silk handkerchief, value 2 s. the property of Henry White .
On the 29th of November, about midday, passing through Change-alley , a person called to me, and I said I had had my pocket picked; Thomas Edwards pointed to the prisoner, who was walking on; I called out stop thief; he ran, and was taken by the constable.
I saw the prisoner take the handkerchief out of the gentleman's pocket, and put it into his bosom.
(produced and deposed to.)
Tried by the London Jury before Mr. RECORDER.
[Transportation. See summary.]
|Reference Number
GEORGE CRAMPTON, alias FORREST , was indicted for feloniously stealing, on the 26th day of October last, two linen shirts, value 3 s. a handkerchief, value 1 s. a pair of stockings, value 6 s. an apron, value 5 s. and two handkerchiefs, value 12 d. the property of Abraham King .
I am a pawnbroker in Holborn; I took in a shirt marked A. King, about twelve o'clock, of the prisoner; he said his name was G. Forrester; I asked him if it was his own; he said it was, and said it was given him by a gentleman.
(The shirt produced.)
I missed the things the 26th of October, out of the foul linen bag.
(The shirt deposed to.)
Court to Mr. King. Did you ever see the prisoner before? - Never.
The prisoner came to see me between five and six on the Wednesday evening; my master and mistress were gone to the play; I expected them home soon, and desired him to go away; he desired me to let him sleep there; I did; the clothes bag hung in the room; he went out the next morning about ten; I did not know what was in the bag, I knew it was dirty; I had known him six months before; he was a footman , and had been out of place a good while.
I am a constable: on the 29th of October I took up the prisoner in a kitchen, in Short's Gardens, in the house of one Howlin's, a chandler's shop, behind the door; I searched him, and found nothing upon him; and at the place where he resorted, I found this handkerchief, and these five duplicates behind a shutter; a young man that was there shewed them to me; it was on Friday I found the handkerchief, and three days after the duplicates; the girl was a prisoner first.
I took this handkerchief in of the prisoner, the 26th of October; I live with Mr. Parker; my duplicate is one of these.
Prisoner. They promised to forgive me.
The prisoner called one witness who gave him a good character.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty > no prosecutor
23. MARY FLANNIGAN was indicted for feloniously stealing, on the 21st of November last, four guineas, value 4 l. 4 s. and one French crown, value 4 s. 6 d. the monies of Lawrence Erhard , privily from his person .
The prosecutor being gone to sea, and there being no other evidence, the prisoner was ACQUITTED .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty > no prosecutor
24. JOSEPH TURPIN was indicted for feloniously stealing, on the 20th day of November last, one gold watch, value 20 l. the property of William Smith , Esq .
William Smith called on his recognizance, and not appearing, the prisoner was ACQUITTED .
|Reference Number
|Not Guilty
25. THOMAS NEALE and JOSEPH GABRIEL were indicted for burglariously and feloniously breaking and entering the dwelling house of William Roberts , about the hour of two in the night, on the 29th day of November last, and burglariously stealing therein, one wooden cask, value 1 s. twelve gallons of brandy, value 5 l. one other cask, value 1 s. six gallons of brandy, value 3 l. one other cask, value 1 s. ten gallons of rum, value 3 l. four gallons of gin, value 30 s. ten gallons of spirits, called peppermint, value 30 s. six gallons of bitters, value 20 s. twelve gallons of spirits, called anniseed, value 3 l. two gallons of spruce beer, value 8 s. his property :
And SARAH JOSEPH was indicted for feloniously receiving, on the 30th day of November last, one wooden cask, value 1 s. four gallons of gin, value 30 s. ten gallons of peppermint, value 30 s. six gallons of bitters, value 20 s. two gallons of spruce beer, value 8 s. part of the said goods, knowing them to be stolen .
I deal in spirits ; I live in New-gravel-lane ; I went to bed the 29th of November, about eleven; I examined the house myself, and saw every thing was safe; I was the last person up; when I arose in the morning, about six, I found the
(Repeats them.)
Court. Why these must have been difficult to carry off? - There are four large casks, and I drew fifteen gallons of rum out of a puncheon.
When did you find any of these things again? - The same day about two o'clock, I found these four casks; one of peppermint, one of bitters, another of Hollands, and another of spruce beer, about one hundred yards off my own house, at an old iron shop; the woman keeps the shop , and the prisoner, Joseph Gabriel , is a kind of a schoolmaster ; they were both in the shop; the woman was drawing off the liquors.
Were they both employed about the casks? - Yes; I do not know that they keep the house, only finding them there: the officer took them up, and Neale, and found some of the liquors in his house.
Mr. Schoen, Prisoner Gabriel's Counsel. You do not mean to say that they were both drawing off? - No, the man was employed about the casks; I said it was my property; they began to cry, and said Neale brought it in; the woman went with the officer to Neale.
Were the things concealed? - They were in a parlour; they immediately said where they had it.
I was at the finding of those things at Gabriel's; I had some information; I went with Forester and Elby to Mr. Gabriel's, and I lifted up the latch, and went backwards, and found the woman with a cock in her hand drawing off the liquors; the boy was holding the cask, and Gabriel was at the fire side burning the staves; and in the closet, I found some staves concealed.
Prosecutor. Those staves are my own making.
Orange. Mrs. Joseph told me if I had come ten minutes sooner, I should have found three men in the house who brought it in.
Gabriel was committed as a receiver? - I believe he might.
I believe the woman immediately told you where the things were? - Yes.
I believe so much so, that the Magistrates desired you to mention that circumstance to this Court? - Yes; the woman said it was Neale, and his brother, and another man that brought them in; she said, she suspected they were stolen.
Did not you say before the Justice, that she said, she suspected they were smuggled goods? - No, she did not, upon my oath.
I was at the searching of Neale's house, and Gabriel's house, and I found the things at Gabriel's house, as the other two witnesses have said; and at Neale's, I found these two case bottles of liquor, about two hundred yards from Gabriel's; I found them in Neale's cupboard, on the high shelf, in the lower room, in the front parlour; they contained brandy.
Court to Roberts. You cannot swear to that brandy? - No.
I was along with Orange and Elby, in searching this house, and I found as they have told you; the woman and a boy were drawing it off, and Gabriel was burning the staves; she said some men rolled it in, in the morning; she directed us to Neale's; I found these two bottles of brandy at Neale's, nothing else.
Gabriel was committed as a receiver? - He was.
I lodge in the house of Joseph Gabriel ; and in the morning about seven I heard a noise, I jumped out of bed, and looked out at the window, and I saw three men quarrelling with Mrs. Gabriel; they had some casks in their hands; they wanted to come in, she would not let them.
Did you know who the other two men were? - I know them, if I see them; one is, I believe, John Neale ; I do not know the name of the other.
Was Joseph Gabriel one? - No, he was not up.
How do you know that? - Because I lodge there; I am sure he was in bed; he came down after the liquor was in the house; it was light enough for me see Neale.
Prosecutor. This woman is Joseph's mother; after the liquor was in the house, Mrs. Gabriel said they should take the liquor out of the house, for she should be in trouble; and Neale said there is no danger, do not be afraid, for it is smuggled goods, and I will fetch it away; and he went away, and in a little while after, he came with two square bottles, and said I am come for some of it; and he said here is some to make your kettle boil, and he threw some in the fire.
The prisoners Gabriel and his wife called two witnesses to their characters, one of whom was present at their marriage, and wrote the certificate of it in Hebrew, which they produced in Court.
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
26. HENRY SACKIS was indicted for feloniously stealing, on the 24th day of November , sixty four pounds weight of iron, value 5 s. the property of Joseph James .
I live in Rose-lane Stepney ; the watchman brought the iron to me the morning after the robbery.
I am the private watchman in White-horse-street, Rose-lane; a little after ten on Friday night, the 24th of November, I heard some iron rattle, and I stept across the road and followed the sound; I got before a man with some iron, some on one shoulder and some in one hand; I asked him where he brought that iron from; he informed me, from Mr. Green's in White-horse-street; I asked him where he was going to carry it to; he said, to a Mr. Neale's on Cock-hill; I said, it was necessary to have a right understanding; he then said, d - n me, you do not mean to detain me! I said, not long; we walked to the watch-house; he turned off the pavement, and said, he would be d - nd if I should stop him before he got to Cock-hill; I then said, I insist on your walking on that side of the way; we got to the watch-house; I called for assistance; and he let the iron drop on the ground; the beadle and the watchman came out, and with some reluctance we got the prisoner into the watch-house; I went to Mr. Green's, and found no reason to believe his story; he said, in the morning that he had been drinking at a public house in Rose-lane, and was hired to carry it to Cock-hill for sixpence and a pint of beer.
This iron stood out in my master's yard; I am journeyman to the prosecutor; I marked it with a P. with a chalk; I laid it in the wheeler's shop, and the mark was rubbed out; I knew it by the holes; it was a tire for wheels; we make our tools rather smaller, and I can safely swear it was my master's property; I saw it in the watch-house and before the Justice.
Court to Prosecutor. Did you see this iron at the watch-house?
Ferris. I shewed the iron to the prosecutor.
(Deposed to.)
PRISONER's DEFENCE.
I was drinking a pint of beer, and a man asked me to carry it to one Chambers at the
Prosecutor. The prisoner had worked for me about six weeks, and he was alone in the shop when the rest were gone to dinner, and I imagine he threw it over a fence, for there were the marks on the ground.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
27. CHRISTOPHER HORNSBY was indicted for feloniously stealing, on the 5th day of October last, one silk handkerchief, value 2 s. the property of Stanley Bullock .
On the 5th of October I was going on Fleet-market , and I perceived somebody at my pocket; I turned round and caught the prisoner putting my handkerchief into his bosom; I took it from him; I believe it to be mine; a constable was coming by, and took him into custody; he said, he did it for want.
I saw the prisoner following the gentleman, and I took him into custody.
PRISONER's DEFENCE.
I picked up the handkerchief; the gentleman would have let me go, but Roberts said, I was as good a twenty shillings as ever he handled.
GUILTY , Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty > theft under 1s
|Corporal > private whipping
28. JOHN THOMAS alias WILLIAMS (a Black) was indicted for feloniously stealing, on the 15th day of November , two pounds weight of cotton, value 2 s. 6 d. the property of John William Goss .
I am the proprietor of Bull wharf Queenhithe ; on Wednesday the 15th of November, between five and six in the evening, I was informed a man had been seen stealing some cotton; I went out, and at the bottom of the stairs I observed the prisoner with a boat hook trying to pick a bag out of the mud; I found the bag contained some cotton; I went out and saw the prisoner at the bottom of the stairs; I took the prisoner into custody. (The cotton produced.) I cannot swear to it.
I am porter to the prosecutor; I saw the prisoner take the cotton out of the large bag into the small one; on the 15th of November, about six in the evening; I informed my master, and he came and took him on the side of a craft that was laying under the wharf; he was endeavouring to pick up the cotton with a boat hook; I saw it was my master's bag that he took it out of.
I took charge of the prisoner and the cotton; it was delivered to me by Newey.
Newey. This was the same bag that he was hooking up.
The PRISONER's DEFENCE read.
My Lord, I get my bread by working on the quays; I went on board a lighter to look for work, and coming back I met these gentlemen; they said, I had got a prize; they made me jump in; then they ordered me to be roped; and then they hoisted me to the crane, and suspended me in great torture; and I leave it to your Lordship how far legal their conduct was.
Court to Prosecutor. Is that true? - He might be suspended to the diversion of those that were around him for a minute or two, but not more.
Court to Jury. Well, Gentlemen, this is a clear case; but I do not like people
GUILTY, 10 d.
To be privately whipped , and discharged.
Tried by the London Jury before Mr. Baron HOTHAM.
Court. I would have punished him more if Mr. Goss had not taken the punishment into his own hands.
|Reference Number
|Not Guilty
29. THOMAS BROWN was indicted for feloniously stealing, on the 21st day of November last, one ewe sheep, price 15 s. the property of George Bonstred .
I live at Hornsey; I keep sheep ; I lost one on the 21st of November: I missed it on the 22d; it was kept in Mr. Ludgate's fields at Newington-green ; I saw it there some time before, because we have them at grass; I only came to swear to my property.
I am one of the patrols; on the 21st of November, between six and seven, we met the prisoner and another man in company; the other man had a sack; he ran away; one said, they had greens in the sack, another said parsnips; they said, it was their own property; and the prisoner desired the other to throw it down; he did so and ran away; I felt a horn of a sheep; the sack was open, and I found it was a sheep; we kept the prisoner in custody; the sheep had been stuck, but it was warm. (The skin and horn produced.) We left the skin and sheep at one Mr. Wyatt's a butcher at Islington.
I have had the skin in my custody ever since; I received it from Mr. Wyatt.
Court. Is Wyatt here? - No.
Court. Gentlemen, you must acquit the prisoner.
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > with recommendation
30. JOHN WRIGHT was indicted for feloniously stealing, on the 23d of November last, one black gelding, value 15 s. the property of Mary Shepherd .
I live at Acton ; I missed a horse out of the field, on the 27th of November; I did not see it after it was put in, which was the 25th, towards the afternoon, till the 28th when it was brought to me by John Kitcher ; the horse was my property; I am sure of it; it was a very remarkable horse, and well known to be mine, it had a sore on the back, a short mane and tail; it was black all over, as near as I can recollect; it was old and almost past his labour; I cannot be certain whether it was taken out of the field, or whether it strayed out of the field; we cannot recollect who took it into the field, nor whether the field gate was locked or not.
I know the horse to be Mrs. Shepherd's property; she serves me with meat; and the boy used to come on it; I have seen it four or five years past; I was summoned to the office; Mrs. Shepherd was not willing to have the trouble of proving it; I saw the horse at the office; I knew him by the sore place on his back.
I took the man with the horse bringing him to town on the road at Halsdon-green, near Wilsdon; I am one of the patrols; it was about three in the morning, the 28th of November; it was a mile and half off this side Acton; he was leading the horse in a halter; I asked him whose horse he had there; he said, it is mine; I asked him where he came from with it; he refused to tell me; we took him into a farm yard,
Court. What did Mrs. Shepherd say when you took the horse there? - She said it was her's, and she would swear to it at first, but afterwards she did not chuse to have any trouble about it; the horse Chandler saw at the office was the same I shewed to Mrs. Shepherd, and took from the prisoner.
I am another of the patrols; I helped to take the prisoner.
Court to Mrs. Shepherd. How came you to be shy of owning the horse at first? - As it was of so little value, I was rather afraid of the man's life.
Had you any doubt of it at first? - Not in the least.
PRISONER's DEFENCE.
She denied the horse ten times or more, and said, it was none of her property till the Justice made her own it.
Court to Prisoner. Can you give any account now, how you came by the horse? or whose the horse was?
Prisoner. I cannot hear well; a man gave me sixpence to take the horse two hundred yards; I have no witnesses within forty miles of the place.
GUILTY, Death .
He was humbly recommended to mercy by the Jury .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|No Punishment
31. PETER BRISTOW (a Black) was indicted for feloniously stealing, on the 18th day of November last, one pair of linen sheets, value 2 s. one shirt, value 10 d. one pair of nankeen breeches, value 12 d. one shift, value 12 d. and two pair of cotton stockings, value 12 d. the property of William Steward .
The clothes were hanging in the garden, and the prisoner was found behind some laylock trees upon the linen.
The prisoner died before sentence was passed .
Tried by the London Jury before Mr. ROSE.
|Reference Number
|Guilty > with recommendation
32. JOSEPH MURRELL was indicted for feloniously returning from transportation, and being found at large on the 24th of October last, without any lawful cause .
I produce the certificate of the conviction of Joseph Murrell . (Read and examined with the record.) I know nothing of the prisoner, only I apprehended him in Shadwell the 24th of October last; I had information of him as a returned transport; no fact has appeared against him; he was at large.
I know the prisoner; he was tried here in May sessions, 1784; I was present; I am sure this is the same man; he was tried for stealing a copper kettle; he received sentence to be transported for seven years to America.
- CAMPBELL sworn.
This man escaped ever since February last.
PRISONER's DEFENCE.
I do not deny that I made my escape; I did it with an intent to go to sea; I led but a bad life with the people down there; I have been at sea ever since, and the ship I was taken from is gone to sea, which was the Roman Emperor, Captain Armstrong; I was going to the Streights with her again;
GUILTY, Death .
He was humbly recommended to mercy by the Jury .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
33. JOSEPH WOOLLEY was indicted for feloniously stealing, on the 20th day of November last, two cloth coats, value 10 s. three muslin neckcloths, value 2 s. two waistcoats, value 5 s. one pair of nankeen breeches, value 5 s. two shirts, value 5 s. and one hat, value 1 s. the property of Charles Austen .
I live at the Cock in Grafton-street ; I lost the things mentioned in the indictment, on the 29th of November last, I went up stairs to get my dirty things, about twelve at night; and I found my box broke open, and my things gone; I told my master and mistress; my box was all safe in the morning at seven; the prisoner was there then; the prisoner slept in my room; and I met him that evening about seven; he came in and desired me to deny him if any body asked for him; and I told him I would; I then went to bed, and in half an hour the prisoner came home, and I was called up; I then came down, and he was sitting in the tap room, and my master had a hat which was mine; I charged a constable with the prisoner, and the next day at Litchfield-street he confessed breaking open the box, and selling the things to a Jew in Westminster; no promise was made to him of any sort; there was a shirt which he owned taking the Thursday before, which I did not miss; and he told the constable where it was pawned; nothing else was recovered; he said, he did it to go to Botany Bay; for he was tired of the military law, and was determined to go there.
The prosecutor is my servant ; and the prisoner was quartered with me; he came in about one, with a hat on his head which my servant owned; he was going to strike me; and was much in liquor.
(Deposed to.)
I am corporal of the Coldstream regiment; about one o'clock on Thursday the 29th of November, I took up the prisoner; he missed some duty, and was in liquor; I asked him to go with me, and he said, he had broke open a box, and taken out two coats, and two waistcoats; I confined him, and next morning he broke out; he did not say why he did this; I stopped him about one in the day; he confessed taking the things out before the Justice, and sold them to a Jew.
John Gosling , a pawnbroker, received the shirt of a woman for five shillings.
On the 28th of November I was at Mr. Brainwell's house; the man came down stairs and said, he had been robbed, and about one the prisoner came in, and Brainwell took the hat off his head, and gave charge of him; I took him to the watch-house; he said, the things were all sold, except the shirt, which was pawned at Westminster, and he went and got the duplicate, and I went with him and took out the shirt.
Prosecutor. My hat hung up in the passage.
Prisoner. I have nothing to say.
Court to Prisoner. You have been convicted upon clear evidence, added to your own express confession, of a very considerable crime, that of breaking open the box of the man in whose room you lodged, (a base breach of trust, added to felony,) and stealing away all the property that was in it; there is this peculiar circumstance in your case, that you have avowed
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
34. ANN THORNTON was indicted for stealing, on the 16th of November last, one muslin apron, value 5 s. one shirt, value 6 d. one pair of cotton stockings, value 2 s. and one linen handkerchief, value 6 d. the property of William Cooke .
On the 16th of November, the prisoner came into the house where I lodge; she was in the tap room when I came down, which was about ten o'clock; I went into the club room, and the prisoner came up there and went out again; she drank once or twice in the club room; there were five or six men and women there; she went out and came in, in about an hour; then she went out again, and came in again; then she went away, and I never saw her till she was taken up on suspicion, on the 18th; I missed the things in the indictment on the 17th; the apron was my wife's; the other things were mine; she acknowledged where she had pawned all the things, with one Thomas Brown ; there I found them.
I am servant to Thomas Brown ; I produce a shirt, a pair of stockings, and a handkerchief; I took them of the prisoner.
(Deposed to.)
PRISONER's DEFENCE.
I never pawned these things at all.
Tried by the second Middlesex Jury before Mr. RECORDER.
[Transportation. See summary.]
|Reference Number
35. GEORGE BARNETT was indicted for feloniously stealing, on the 7th of November last, thirty-six quires of foolscap paper, value 18 s. and one piece of pasteboard with a printed account of hackney coach rates and fares , the property of John Hand .
On the 7th of this month, by six in the evening my coach was at the stand at the end of Charles-street ; I was walking past the prosecutor's door, and I observed two persons lurking about his door; the prisoner was one; I passed them again; I suspected them; I looked back and saw the other person go into the shop, fetch out the pasteboard, and deliver it to the prisoner, who went and put it behind a pair of gates, to a large coal shed; the other went into the shop again; I called to a coachman to take hold of the person that was in the shop, but he lost him; and I took the prisoner; I saw the other pass me with two reams of paper; the other got clear away; I kept the prisoner some time, and nobody would take him into custody, and I let him go, and did not see him till the next night at the Justice's; I am sure it was the same; I saw the pasteboard picked up by Cowell from behind the gates.
I saw nothing of the transaction; I only picked up the pasteboard behind the gate; I gave it to Mrs. Hand.
I was coming down Oxford road between five and six by Mr. Hand's house, somebody called stop thief; I saw a young man with two bundles under his arm; I caught at him and missed him; he dropped the two bundles of paper; and I lost him; I brought the paper to Bow-street.
(Produced and deposed to.)
Prisoner. I never saw the things.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > with recommendation
36. ANN GREEN was indicted for stealing, on the 6th day of December , nineteen china plates, value 7 s. 6 d. and one china bowl, value 6 d. the property of William Moody .
On the 6th of December, about six in the evening, I lost this china; I follow the china mending business , in Hanway-street, Oxford-road ; the back part of my house is a workshop, where I put the china; on the 6th of December, when I came home, the prisoner with the child was pleading very hard for liberty; she talked a deal of charity and forgiveness, and that we should forgive one another; but I took her to the Rotation-office.
Mrs. MOODY sworn.
I heard a noise in the back shop a few minutes after six; when I opened the door, I saw the prisoner turning from the work-board; I was in the middle room; I caught her by the cloak; she said she had made a mistake; I told her I would see what it was; I saw the nineteen plates in her hand; I immediately secured her as well as I could; I opened her apron, and found a china bowl in her apron.
Prisoner. I only beg for mercy.
Prosecutor. I beg the Court will shew her mercy.
Recommended to mercy by the Jury .
Court to Prisoner. Where do you belong to? - I came to town with Mrs. Garrett's family from Ramsgate with my husband, who died suddenly three months before this child was born; I do not know what parish he belonged to; I have not a friend in the world.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty > no evidence
37. NICHOLAS MURRY and THOMAS SPENCER were indicted for feloniously stealing divers articles of wearing apparel , the property of Jacob Grigg .
There being no evidence, the prisoners were BOTH ACQUITTED .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Corporal > whipping; Imprisonment > house of correction
38. WILLIAM ENTERSLEA was indicted for feloniously stealing, on the 4th day of December , a woman's stuff shoe, value 2 s. the property of Isaac Chipper .
I am a shoe-maker ; I know nothing of the robbery; I made the shoe myself; I have the fellow to it.
The 4th of this month, I came home, and saw three or four fellows lurking about Chipper's shop; and I saw the prisoner take the shoe out of the window, after breaking the glass; I ran across the way, and collared him with one hand, and
Whipped , and imprisoned six months in the House of Correction .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty > theft under 1s
39. JAMES BUTLER was indicted for feloniously stealing, on the 17th of November last, one pound weight of American leaf tobacco, value 1 s. the property of George Jacobs , and others.
I am the watchman to Smart's and Dice quay ; on the 17th of last month, at half past twelve at night, there was a lighter laden with tobacco, and I called to the watchman on board the lighter, but he did not answer; I saw the prisoner on board, and there was one hogshead broke open, with the head out, and some of the tobacco laying about; he went to the other end of the lighter, and stood by another hogshead; the watchman and lighterman went down, and brought him ashore, and I saw him searched; there was found, concealed in his breeches, a chissel; the tobacco was in a bag close by him; there was about one pound and a half.
Found the prisoner in the lighter, and confirmed what the last witness said.
PRISONER's DEFENCE.
I belong to a ship in the river; and I had been drinking, and I came down to these stairs; I thought I saw a boat, so I crossed the lighter; and it was a boat belonging a ship; and I laid down among some hogsheads; the chissel our carpenter gave me to carry on board.
GUILTY, 10 d.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Corporal > whipping
40. JAMES BROWN was indicted for feloniously stealing, on the 7th day of December , one side of mutton, value 5 s. the property of Robert Green .
I keep an eating house in Love-lane, Eastcheap ; I bought a sheep about nine o'clock of the 7th of December, and a quarter was missing; I only swear to my property.
- FREER sworn.
I saw the prisoner take a side of mutton, I called to him; he paid no attention; I told Mr. Green, and pursued the prisoner through Church-alley; I enquired several times for him; I went into Mercer's-court, and there I found the prisoner with his breeches down, but there was no mutton; I looked under him, and there was the mutton in the necessary; it was taken to the Lord Mayor.
Prisoner. I have nothing to say.
Whipped .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
41. JOHN PEARCE was indicted for feloniously stealing, on the 7th of December , fifty pounds weight of lead, value 8 s. belonging to Mary Mills , widow , then fixed to a dwelling house of the said Mary Mills , against the statute.
I live in Baldwin's place : on the 7th of December, I heard a noise at the top of the house, between five and six in the evening, as if they were breaking the middle gutter of the house: I got assistance from Mr. Fletcher; he took the lad, and the lead; I did not see them at all.
- FLETCHER sworn.
I was called by Mrs. Mills; I went into an empty house next to hers, and I met the prisoner on the stair-caise of that house; I took up my blunderbuss, which
I fitted this lead; I matched every piece; then I went to the Justice; I untied it; I fitted all the different pieces together; it all agreed with the top of the house, nail holes and all; I measured the top of the house; I laid down the lead ten years ago; I am not sure it was the lead, but it fitted exactly, and I have no doubt.
Prisoner. I was going to ease myself in the entry; there was no door; it was level to the street.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
42. DANIEL MURPHY was indicted for feloniously stealing, on the 28th day of October last, three velveret waistcoats, value 12 s. the property of Jeremiah Leary .
I am wife of Jeremiah Leary ; he deals in old clothes ; the prisoner came to my standing the 28th of October, between six and seven; and I missed three velveret waistcoats; he run by as swift as thought; but a gentlewoman told me he had snatched something; I pursued him, I lost sight of him, and he was taken in an alley.
The prisoner was running as fast as ever he could; he had three jackets under his arms; he knocked me down, I got up and seized him, and he dropt the waistcoats; I gave them to the woman.
(Produced and deposed to.)
Mrs. Leary. I have had them ever since.
PRISONER's DEFENCE.
I went to buy a waistcoat; I heard the cry of stop thief, and I cried the same, and presently the man dropped these waistcoats, and that man stopped me.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Corporal > private whipping; Imprisonment > house of correction
43. MARY wife of HENRY JONES was indicted for feloniously stealing, on the 24th of November last, one quart pewter pot, value 18 d. the property of Thomas Northam .
I keep a public house : on the 24th of November, about twenty minutes past one, the prisoner came into my house with another woman, and asked to have some chops dressed; they called for two pints of beer during this time; she went into the yard, and I was told she had taken something; and I said to the other woman, who was her daughter, says I, my dear, what have you here? she gave me a smack on the head; and I saw the pot which was taken from the prisoner.
ISABELLA MILLS sworn.
I came for a pail of water, and I saw a pot in this woman's lap, and she went into the necessary; and I told the prosecutor's servant.
I took the prisoner, and found this quart pot in her pocket; she was laying on the tap-room floor in a fit, and was in a very bad way; she was taken into custody.
Prosecutor. This is my pot; the daughter began fighting, and said she would cut my bloody melt out, if I touched her mother; she was not hurt.
Prisoner. I have a cut in my head, and am subject to fits; I did not know what I did.
The prisoner called four witnesses, who gave her a good character.
Privately whipped and imprisoned six months in the House of Correction .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Corporal > private whipping
44. THOMAS PRICE was indicted for feloniously stealing, on the 18th day of November last, one looking glass, in a walnut-tree frame, value 7 s. the property of William Hodge .
I lost a looking glass on the 18th of November; I left it at home, when I returned it was gone.
I work facing Mr. Hodge's shop: on the 18th of November, near four in the afternoon, I saw the prisoner come out of Mr. Hodge's shop, with this glass under his arm: Mr. Hodges was talking to my mistress, and she sent me after him; I followed him thirty yards, and he put down the glass on the pavement; I pursued him thirty yards more and took him; he never was out of my sight; he desired me to let him go, and not to degrade his friends; I took him to the watch-house; somebody else took up the glass, and carried it to the prosecutor's; I know it to be the same by the form and make; I had seen it before.
Prisoner. I was sent of an errand, and two lads ran by me, and they took them.
The prisoner called four witnesses; who gave him a very good character.
Privately Whipped .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
45. WILLIAM HALL was indicted was feloniously stealing, on the 9th day of December last, one iron mall, value 12 d. one hand-saw, value 15 d. one iron chissel, value 9 d. the property of Richard Richardson .
My tools were in my boat; I am a boat-builder ; and the prisoner walked alongside the boat; she was on shore, and between twelve and one, the prisoner came and stood talking to me about the Captain the boat belonged to; says he, the Captain of this boat is a very bad man, and makes them pick oakum: the bell rang for dinner; says the prisoner, that is your dinner bell; I left him, and I left my tools in the boat; I came back at two o'clock; the prisoner was stopped by John Cooke , when I came back, with the property; I afterwards found the mall in his jacket pocket at the Justice's.
Between one and two I came into the yard; I saw the prisoner, and he stopped down; being a stranger, says I, what have you here; and betwixt his outside and inside waistcoat, I took the hand-saw and chissel from him; he said they were not his, but he was going to sell them; he begged me to let him go; he was taken before the Justice.
(The mall produced and deposed to.)
PRISONER's DEFENCE.
A carpenter sent me to fetch them things
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
46. JOHN SUMMERS was indicted for feloniously stealing, on the 2d day of December , one cotton gown, value 5 s. the property of George Howell .
On the 2d of December, the prisoner and another man came into my shop to look at some second hand stockings; the prisoner went out directly, which gave me a suspicion; I overtook him, and took the gown from under his jacket; it was hanging there just before; I am sure it is the gown.
I saw the prisoner put the gown under his coat.
Prisoner. I found the gown a few yards off the prosecutor's door; I was not in the shop.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty; Guilty
47. WILLIAM STEVENS and RICHARD LEWIS were indicted for feloniously stealing forty pounds weight of lead, value 10 s. belonging to Mark Spott , fixed to a certain dwelling of his , against the statute.
I only know that this house was plundered of some lead; it belonged to Mr. Mark Spott ; it was an uninhabited house; I saw the lead on the 12th of this month at the Justice's; the lead found on Lewis exactly matched with what was lost; I could not swear to it, but it was tried in my presence, and it answered exactly.
Last Monday morning, about twenty minutes after six, I was coming with my pails, and the prisoner Stevens passed by with some lead on his shoulders, and him in the white jacket, that is Lewis, passed by at the same time with some lead; there were two more; I went up to Lewis, I said, I am afraid you have been stealing this; says he, I came honestly by it; I gave charge of him, and the other two got away; then I gave descriptions of the other two, and a boy came in and said, here are the two men; and I looked, and they were the two men; I am sure these are the same men; the lead was gone; the Justice admitted Taylor an evidence, but he has since escaped.
I took charge of the prisoner Lewis, with some lead.
I got up to work before six, and I saw the lead lay, and I picked it up, and turned back with it, and they took me.
I know nothing of it.
The prisoner Lewis called two witnesses, who gave him a good character.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
48. JOHN HURLEY was indicted for feloniously stealing, on the 28th of November last, one cotton gown, value 8 s. the property of William Graham .
I live in Turk's-row, Chelsea : I know
PRISONER's DEFENCE.
I met a man, who told me to go to Turk's-row to get work, and being a stranger, I thought the prosecutor's house was a thoroughfare, and I went in, and a lad was there with the gown, and he chucked down the gown and ran away; and the prosecutor came down, and said he saw somebody in the garden, and said it was me.
Prosecutor. It is entirely false, there was no other boy.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
49. ELIZABETH WELCH was indicted for feloniously stealing, on the 24th day of July, 1785 , five guineas, one half guinea, and three half crowns , the property of Mark Lane .
I took a lodging for one night in St. Giles's ; it is rather better than a year and a half ago; I went to bed about ten at night; I lived in Rosemary-lane, and kept a room there; I am an old clothes man .
Why did not you go home? - It was too late.
What at ten at night? - Yes; I never lodged there before nor since.
Was you drunk or sober? - I had had some beer, and been a little merry, but not drunk; I went to bed in a quarter of an hour.
Did you go into the house alone? - The prisoner went with me, and the landlord and his wife, they were with me, but I did not know them before; they met with me at the Hare and Hound public house, and asked me to take a bed with them that night.
Did the prisoner lodge at Murphy's house at that time? - Yes.
How many apartments had Murphy in that house? - There was but one room; they slept there; there were two beds joined together; we were to sleep there; this woman sat by the fire when I went to bed; and about eleven, she thrust herself along side of me, with her clothes on; and about a quarter past twelve she was gone; and I dreamed I had been robbed, and I jumped up, and I found my money was gone; she went and left the place a long while; at last I heard of her, and took her up; I called the man and his wife, and he and me pursued after her, but could not find her; she went to another country, when she heard the constable was after her: I lost five guineas, and a half, and three half crowns: I had been about my business that day; I had a wife and children in Rosemary-lane.
Court. You had better have gone home to them.
Had you been drinking at any other public house? - No, I dined at a cook's shop; I am quite sure I had the money in my pocket when I went to bed.
Lucy Murphy called on her recognizance, and did not answer.
Court. Are you sure you had your money in your pocket when you went to bed? - Yes, I took out my money to pay for some liquor at the house where I slept; I sent for a half pint of gin, and she saw my money.
Prisoner. The prosecutor was drunk, and he was throwing his money on the table to me at the public house, telling
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Guilty; Not Guilty; Guilty
|Corporal > private whipping; Imprisonment; Transportation
50. WILLIAM CROPPER , SARAH his wife , and JOHN BROWN were indicted for feloniously stealing, one wooden coal measure, called a half bushel, value 5 s. and one other wooden coal measure, called a peck, value 3 s. the property of James Germain .
I live in Little York-street, Bethnal-green parish ; I sell coals ; I lost a half bushel and a peck measure between ten and eleven at night; I saw them about half an hour before; one was standing on the block close to the partition that parts the two rooms, and the other on the coals; me, and my wife, and a boy were sitting talking in the back room, and there was a glass door; and she said, there is some person in the room; I went out as soon as I could, and I heard some person run round the corner of the house; I immediately went out to the street door; I saw Brown and Cropper at different corners, opposite my house; I had no suspicion of Cropper as he was a cripple; I asked him if he saw any body come by, he said, no; he had just come from York-street; Brown came to me, says he, what is the matter? I made him no answer, having a suspicion of him; I went home to put my shoe on, which I did not stay to put on before; and I went after, but could get no intelligence; and I went home again; this was on Saturday night; and on Monday I searched for the measures, and I found them at a sale warehouse in Wheeler's-street; the man told me Cropper's wife brought them; when I took Cropper, his wife and Brown were there; I did not know the prisoners before; there was a lamp just at the corner of my house, and I had a light in my room; it was a corner house with a window on each side; I am quite positive to Brown; I never saw Cropper's wife before.
- GREVILLE sworn.
Last Tuesday was a week the prisoner Mrs. Cropper brought two coal measures to me to sell; the day following the prosecutor came and owned them; I knew him and his wife three or four months before.
(Deposed to.)
Brown left the coal measure with me to be sold for him, and my wife carried them to be sold; I have but one leg, and could not carry them so well myself.
Mr. Brown brought them to our house, and said, he had bought them of an old woman, and desired me to take them to the sale room.
I bought those measures of an old woman for half a crown; I live up in Cropper's house.
The prisoner Cropper called one witness to his character.
To be privately whipped , and confined six months .
SARAH, his Wife, NOT GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Guilty; Not Guilty
51. ISAAC HICKS and MARY ADAMS were indicted for feloniously stealing, on the 13th day of December , one pewter quart pot, value 1 s. and two pewter pint pots, value 1 s. the property of William Springhall .
WILLIAM SPRINGHALL sworn.
I keep the Sir Isaac Newton 's-head; a public house ; I was informed on Wednesday the 13th of December, that some people had been found with a number of pots; and I went to the public office in Poland-street, and there I found two pints and one quart pot, which are mine; there were no more of mine.
(Produced and deposed to.)
On Wednesday the 13th of December, about nine in the morning, a person came in, and gave information of a pot stealer; and I went and found the prisoner Hicks with some pots, at the top of Ogle-court, Mary-le-bone-street; and I can swear to this quart pot, which the prisoner Hicks dropped out of his apron; the woman was with him; I pursued and took them in Titchfield-street; he dropped the quart pot just as we laid hold of him; my master got a constable, and took them to the office in Poland-street; the woman had three pint pots and a quart in her apron; I brought this pot and pint from the office; the constable had them an hour in his custody; I knew them again; I am sure of the quart; I marked it.
I was gathering in my pots; my master lives at the Wheatsheaf, in Mary-le-bone-street; and I saw the two prisoners coming down Ogle-court; I did not know them before; and the last witness was coming after them, and I followed, and one M'Donald, a servant to the ship; we went up Ogle street, and met the prisoners in Titchfield-street and stopped them; and I saw a pot and a pint in her hand that I can swear to; they are the property of Mr. Hallam.
I am waiter at the Ship; I pursued with the rest, and took the prisoners; when I laid hold of the man's collar he let a pot and a pint out of his apron; that was all he had in his apron; I should not know the pots again; the woman had some pots with her; I do not know what quantity.
I saw the pots stand, and I took them up, this woman passed me two or three times, and I took them up for fear she should steal them.
I took some of the pots out of his hand.
To be transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty; Guilty > with recommendation
|Corporal > private whipping
52. They were again indicted for feloniously stealing, on the 13th day of December , one pewter quart pot, value 18 d. and one pewter pint pot, value 6 d. the property of Robert Hullah .
I saw at the time mentioned in the last trial a quart and pint belonging to me; I marked the pots.
Prisoners. We have nothing to say.
She was recommended by the Prosecutor, being big with child .
Privately whipped , and discharged.
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
53. JOSEPH WRIGHT was indicted for stealing, on the 13th of December , two pewter quart pots, value 3 s. the property of Sherrard Hart .
I kept the King's Arms, in Woodstock-street, Mary-le-bone ; I was sent for last
This prisoner was brought in custody, and searching him, I found these two pots; I saw his pocket bulky.
I keep the Ship in Ogle-street; these last people were taken to the office in Poland-street; I was going down and met this prisoner in Titchfield-street; I knew him; he had something rolled in his apron; I told him he should go down with me to Poland-street; I took him down by the collar all the way; I did not search him; I took him into the public office, and Haylock searched him, and I saw him take these two pots out of his pocket; when I saw the pots taken out, I went to Mr. Hart's and to Mr. Leach.
PRISONER's DEFENCE.
Gentlemen of the Jury, on the morning that this gentleman took hold of me, I had been to a man that employs me; and coming over some waste ground I found these three quart pots, two were standing up and one laying down; I put one in one pocket, and the other in the other, and the third in my apron, and should have carried them home but I could not read.
The prisoner called three witnesses who gave him a good character.
Prosecutor. We serve beer all about that place where the prisoner says he found the pots.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty > fault
54. JOHN ROBINSON was indicted for feloniously stealing, on the 11th day of December , five bushels of coals, value 4 s. the property of Christopher Woodham , John Woodham the younger, and John Trappit , the younger.
I deal in coals ; my partners names are Christopher Woodham , John Woodham , jun. and William Trappit the younger; the prisoner drives a waggon for me, and on the 11th of this month, he was loaded with twenty-four sacks of coals to go to Mr. Mellish, in Whitechapel-road.
Court. Gentlemen, there is a mistake in the names of the prosecutors, this prisoner must be ACQUITTED .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
55. JOSEPH ROBINS was indicted for feloniously stealing, on the 20th day of November last, two looking glasses, value 5 s. the property of George Dixon .
On the 20th of November, in the evening, I lost these two looking glasses; I saw them about an hour before in the farther part of my shop; on a table; my wife cried out; I ran immediately; the man had got to the next court; she said, that was the man, and I collared him immediately.
(Deposed to.)
I am wife of George Dixon ; on the 20th of November last, I saw the prisoner take two glasses out of the shop under his arm; I am sure it was him; I cried stop thief; and followed him; and never lost sight of him; I saw him lay down the glasses.
I was coming by and saw the prisoner put down the glasses.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
56. CHARLES HOLLOWAY was indicted for feloniously stealing, on the 14th day of November last, two silver stock buckles, value 5 s. and one stone knee buckle set in silver, value 2 s. the property of John Dunlap .
The prosecutor caught the prisoner before he had completed the felony.
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
57. JOHN FARRELL was indicted for feloniously stealing, on the 14th day of October last, one linen shirt, value 5 s. and one check linen apron, value 12 d. the property of Evan Morris .
There not being sufficient evidence, the prisoner was ACQUITTED .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty > no evidence
58. THOMAS REEVES was indicted for feloniously receiving, on the 24th day of November last, two hempen sacks, value 2 s. part and parcel of the goods and chattels, feloniously stolen by Angus M'Donald , George Tillingham and James Dacre ; knowing the same to have been stolen .
There being no evidence, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty > no prosecutor
59. JOSEPH TIMSON was indicted for feloniously assaulting Robert Kirby , on the king's highway, on the 22d day of November last, and putting him in fear, and feloniously taking from his person and against his will, three half crowns, value 7 s. 6 d. his property .
The prosecutor being called on his recognizance, and not appearing, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
60. THOMAS LEVINGTON was indicted for feloniously stealing, on the 18th day of November last, a wooden trunk covered with leather, value 1 s. one linen sheet, value 3 s. two handkerchiefs, value 1 s. one pair of cotton stockings, value 1 s. the property of James Salmon .
I keep the Peckham errand cart ; it was taken out in Gracechurch-street on Saturday the 18th of November, between three and four o'clock; my boy put it into the cart; I know that to be the trunk; it belongs to Mr. Woodhouse, in Cross-lane, St. Dunstan's-hill; it was taken up at Mr. Woodhouse's house.
I only prove the property.
I am servant to Mr. Woodhouse; I delivered the trunk to Salmon's servant.
Court. Was the cart at the door when you delivered it? - It was.
Should you know the trunk if you see it? - Yes; I delivered it about three o'clock; I saw it five days after at Guildhall.
Court to Mr. Woodhouse. Do you know the contents of the trunk? - I do not of my own knowledge; I have a list in my pocket which Mrs. Woodhouse gave me; I can swear to a shirt which has my name
Thomas Hill . I drive Mr. Salmon's cart; I received the trunk from Woodhouse's servant; a wooden trunk covered with leather; I stopped at Mr. Day's in Gracechurch-street, and begged they would give an eye to the cart while I stepped into Leadenhall-market; when I came back the trunk was gone; it was put in the front of the cart.
(The trunk produced, and some of the things deposed to by Mr. Wooodhouse.)
I met the prisoner on the 18th of November in Leadenhall street, between three and four, going speedily down Leadenhall-street; I suspected him, and stopped him, and he resisted.
Court. What did he say? - He said, it belonged to him; I took him to the Compter, and the next day before the Lord Mayor; the trunk having no directions on it, it was advertised; when Mr. Woodhouse came to Guildhall he swore to the property.
PRISONER's DEFENCE.
As I was coming along by the Royal Exchange, I met a man who asked me to carry the trunk to the corner of Whitechapel; he was going to Billinsgate with some baskets, and was to come to me there.
I live in Sandy-row, Spital-fields; my husband is in the hard ware business; the prisoner lived with me three months, to the time he was taken up.
What business is the prisoner? - A porter ; I took him into our house to lodge as an honest man; and while he was with us he behaved as such.
To be transported for seven years .
Tried by the London Jury before Mr. ROSE.
|Reference Number
|Miscellaneous > fine; Imprisonment
61. MARY RAYMOND was indicted for stealing, on the 21st of November last, one pint pewter pot, value 10 d. the property of Robert Frazier .
I live at the Four Kings, in the Old Bailey ; on Tuesday, the 21st of November, I lost a pint pot; I only prove the property.
I make colour for colouring spirits; on Tuesday the 21st of November, I saw the pot found; I ran after the prisoner, and found the pot on the prisoner.
What mark was on it? - Robert Frazier , Four Kings, Old Bailey; it was in her apron covered over; she said, she never would do so any more if I would let her go; I took her about forty yards from the house.
On the 21st of November, between nine and ten o'clock, I was at the chandler's shop, about three doors from my brother's; I came back to the entry, and I missed the pot; we had it from Frazier's the night before; I went back to my brother and asked him whether he had meddled with the pot, he said no; I then said, there was a woman gone up the court with something in her lap.
Prisoner. I took the pot to get a little water.
Fined one shilling , and confined one month .
Tried by the London Jury before Mr. ROSE.
|Reference Number
62. RICHARD GOWEN was indicted for stealing, on the 9th of December , one quart pewter pot, value 14 d. one pint pot, value 7 d. the property of George Holgate .
I live at the prosecutor's at Cock-hill ; I am a post-boy; I was about my master's business; the prisoner and another came in and had two pints of two-penny; they kept hanging about the pot rack; and I went into the room, and I saw the other man take a pint pot off the rack where they
- POPE sworn.
I was called into the tap room, and informed of the matter; the prisoner went out, and the boy called him back; he said, he had nothing in his pocket but a knife; then I saw him take out a quart pot, and then a pint out of his pocket; he was taken into custody.
(The pots produced and deposed to.)
Prisoner. I had no pots.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
63. WILLIAM ASHBORNE was indicted for that he, on the 8th day of November last, unlawfully and wilfully did throw down a certain house at Islington, then used as a gate-house, to prevent passengers from passing without paying a toll, pursuant to an act of parliament made for that purpose , against the statute, and against the peace.
Mr. Garrow opened the case, and Mr. Fielding attended on the part of the prisoner; but it appearing to be an accident, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
64. GEORGE CRAWFORD was indicted for stealing, on the 3d day of November , one cotton gown, value 5 s. one petticoat, value 5 s. and a cloth waistcoat, value 2 s. the property of William Collins .
My husband's name is William Collins ; I saw the prisoner when he took the things, which was about half past three in the afternoon; I went out to the public house; I left nobody in doors; the street door was open; when I returned I saw the prisoner coming out with a bundle; kicking it up, and seeing the waistcoat, I says to the prisoner, you are a thief; he pushed the bundle to me and I caught it, and he ran away; he was pursued and taken, and the bundle undone; and this gown and coat were taken out of it, which were on a box up one pair of stairs; he never was out of my sight; nothing else belonging to me was found upon him, he desired me to let him go; I am sure they were my things.
I am a neighbour; I was at dinner at home a little past three; I heard the cry of stop thief; and saw the prisoner pass a corner opposite my house, and after him the prosecutrix; I overtook him; he begged of me to let him go; I brought him to the woman; and she was so confused she could not tell; she kept crying out, you have robbed me! when we came to her house the bundle was opened, containing these things; he begged to go, and said, he had lived well; and said, there was no loss; I took him to Bow-street.
Between three and four I was eating my dinner, I saw the prisoner run, and he was brought back to the prosecutrix's house; he said, I beg you will let me go; it will cost you a great deal of trouble and money.
(The things deposed to.)
Prisoner. I found the bundle the outside the door.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Corporal > private whipping
JOHANNA SIMSPON was indicted for stealing, on the 25th of November last, one dimity petticoat, value 2 s. 6 d. two blankets, value 5 s. one neckcloth, value 1 s. one corderoy waistcoat, value 2 s. and a brass candlestick, value 1 s. the property of Richard Freeman .
Mrs. FREEMAN sworn.
I am wife of Richard Freeman ; I lost the things mentioned in the indictment; I live at No. 1, Wells-court, Well-street ; the prisoner lodged at my house seven weeks; she lived servant next door; I had no other person in the house; the prisoner went out the 21st of November, at half past ten, and said, she would return to dress my blister, but she did not; and I saw her no more, till I saw her in Mary-le-bone workhouse; she delivered up the duplicates, and we found the petticoat; the other things are not found.
I live with James Aldus , in Berwick-street, Soho; he is a pawnbroker; I have only a petticoat pawned by the prisoner, the 17th of November, in the name of Elizabeth Freeman , for half a crown; she said she brought it from her.
Court to Mrs. Freeman. Did you ever send her to pledge that petticoat? - No, never.
(Deposed to.)
Prisoner. I know nothing of the other things; this petticoat I pawned, and she had the money.
Prosecutrix. I knew nothing of it.
To be privately whipped .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Corporal > whipping
66. FRANCIS ELLIOTT and JOHN FOX were indicted for feloniously stealing, on the 18th day of November last, fifteen pounds and three quarters of veal, value 6 s. the property of Ralph Ellis .
I am a butcher in Newport-market ; on Thursday, the 18th of November, I missed a loin of veal; I saw it on Monday at the Rotation-office; this was Saturday; it was a calf of my own killing, and we can tell by the dressing of it; I am positively sure it was mine; it weighed about fifteen pounds; I have known the prisoners a great while; they have worked about our market for years; Fox is a drover , and Elliot assisted in slaughtering ; I sent my man in search of the prisoners in consequence of some information.
On Saturday evening, the 18th of November, I missed the loin of veal from the shop, and the boy Evans told me who stole it, and I was directed to the Black Dog, in St. Giles's; there I found the two prisoners; and I charged them with a constable; he took hold of Elliott, and I took hold of Fox; they were taken to the round-house.
I work in the market; on Saturday the 18th of November, I was standing facing Messrs. Gates and Joyce's shop; and I saw the prisoner Fox take the loin of veal off the hook, and put it into Mr. Gates's basket, by the side of the shop; it was Mr. Gates's shop, but Mr. Ellis had leave to hang his meat there; and John Fox took it out of the basket very soon after, and put it into Francis Elliot 's apron; I saw him; I let Mr. Ellis know of it directly; Nehemiah Batten was present when I told him.
On the 18th of November, Mr. Ellis's man came to my shop, and took me to the Black Dog, in St. Giles's; I took one prisoner, and he took the other; the prisoner Elliott called me on one side, and said, Mr. Sanders, if you will come here,
Was Fox in hearing? - I do not know; he was two or three yards distance; Elliot said, they took the veal to the King's-head, Monmouth-street, and sold it to his own father; and he said, his father gave him eighteen pence for it; and that it was up in his father's room; I went there to the Fountain in King-street, where Elliott's father lodges; I knocked at the door; I asked the father if Frank had sold a loin of veal to him; and he said, yes; I asked him where it was, and he said, in the closet; and at one end of the closet I found nine pounds of it; and Mr. Dort found another piece hanging upon a string; we took it down stairs, and brought the father with us; I took it over to my shop and weighed it; it weighed fifteen pounds and upwards; it was then worth five pence a pound; the two pieces fitted exactly.
I went with the last witness to this public house as he has given an account; we went up stairs, and in Elliott's father's room, we found this veal, which was weighed; I took Elliot to the round house, and he acknowledged having it of his son and Fox.
Court. The father is here, but I shall not call him as a witness unless the the prisoners desire it.
Prisoners. We do not.
Prisoners. The veal was laying on the ground, and we took it up.
Dort. There was no dirt upon it; and it was a very wet evening.
Each to be whipped .
The prisoner Elliot's father was severely reprehended by the Court.
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Guilty > with recommendation
|Miscellaneous > fine; Imprisonment > newgate
67. SAMUEL TAYLOR was indicted for stealing, on the 3d of December , twenty-five pounds weight of lead, value 3 s. belonging to John Evans , fixed to a certain house of his , against the statute.
(The witnesses examined apart.)
I live at No. 44, James-street ; I lost some lead, twenty-five pounds, from my house, over the front door; it was fixed to the house with hold fasts; the patrol took the prisoner; I compared it to the place, and it fitted exactly.
I am a patrol of Mary-le-bone parish; at two in the morning I heard something fall, about twenty yards off; and I made up to the report; it was by James-street; and I seized the prisoner at the top of the iron rails; I saw a man coming with something under his arm; he saw me, and turned back into Gray's mews; I followed him, and saw this lead standing up against the wall; he then turned down Grey-street; I followed him and kicked this hold-fast before me; I waited to see who came for it; and in half an hour after the prisoner came past the end of the mews, and stopt the space of a minute: then he turned into the mews and caught hold of the lead; for a minute I stood against a door way; I caught hold of his collar, and we took him and the lead under his arm to the watch-house; we took the lead to Mr. Evans's and it fitted exactly; it was taken from the top of the door; it weighs twenty-five pounds.
Court to Evans. Do you live in that house? - I let it in lodgings.
Prisoner. Did not you say you had me as tight as a blue pigeon? - He had the property under his left arm when I took him.
I am serjeant in St. Mary-le-bone parish; the patrol came to me a little after
PRISONER's DEFENCE.
I was drinking late, being Saturday night; and coming home I saw this under a gateway; I thought it had been a board.
The prisoner called three witnesses who gave him a good character.
He was humbly recommended to mercy by the Jury .
Fined 1 s. and to be imprisoned three months in Newgate .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > with recommendation
68. JACOB ABRAHAMS was indicted for feloniously assaulting Robert Black , on the king's highway, on the 10th day of December , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one cloth great coat, value 10 s. one other cloth coat, value 10 s. and one hat, value 2 s. and one tin tobacco box, value 1 d. his property .
About two in the morning, on the 10th of this month, I was robbed on the middle of Great Tower-hill ; I was coming home; I live in Fenchurch-street; and it was just at the bottom of the Minories.
Was it the nearest way to come over Tower-hill? - No, it was not; but there was a poor man that was distressed in the spunging-house there, and he sent for me; I went to him in at the front door, and I came out at the side door, and I missed my turning; I came down to the bottom of the Minories; I have often came over Tower-hill of a night; when I came to the middle of the Great hill, I saw the prisoner coming towards me on the right; it was a high wind, and a good deal of rain; it was moon-light; he came pretty nigh me; and I said, I wish you would keep at a distance; and I think he said, what is that to you? there is room enough for us both; says I, that is the reason why I wish us to be separate; he still came towards me; and I at last said, are you determined to rob me? to the best of my knowledge he said, he did not know but he might, or some words to that purpose; when that was the case I did not know how to act, for the wind was so high I thought I could not run; and I believe I turned round and said, what, are you good at that; I had a stick in my hand; he struck at me with a stick or bludgeon, and I returned the blow, and we had several blows of one another; and at last I got one on my head which brought me to the ground; it stunned me; I had on a pair of black callimanco breeches, and he tore the pocket down to the knee; and I remember him raising me up, and he stripped off a blue coat, and a great coat that I had on; and I found myself very helpless; and I said, take what you please, spare my life for I have a family; immediately upon that he left me; I saw him run; I got home as well as I could; I lost a good deal of blood.
Was you quite sober at that time? - I had been drinking; I had had a few glasses of wine at the spunging house which were not remarkably strong; but I was not intoxicated.
Were you quite sober? - I will not declare myself quite sober.
Had you ever seen this man before? - Never in my life.
Are you sure this is the man? - I am sorry, my Lord, I have not a doubt of it I lost my hat and my stick; my hat was not found.
GEORGE AUTHOR sworn.
(Produces the things.)
I have had them ever since.
I am a watchman between the two hills on Tower-hill; on the 11th of this month, between two and three I took the prisoner; he was standing against one of the doors of Postern-row, Tower-hill; I do not know what he was doing; I went up to him and asked him what he was doing; he said, he did not know he was doing any thing; he had this bludgeon under his arm; I immediately snatched it out; says I, this is an unlawful weapon; says he, I do not know but it is; and by him these clothes lay; and I took him away to the watch-house; he said the clothes were his own; one is a blue coat, and a brown great coat; I took nothing else from him.
Prosecutor. This great coat I am quite sure about, because I can swear to my own hand writing, R. Black, on the inside; the blue coat I have not a doubt of its being mine; but there may be another like it; the great coat I am quite positive of.
Prisoner. I have nothing to say.
GUILTY, Death .
He was humbly recommended to mercy by the prosecutor, who said he was out of his senses; he appeared quite stupid before the Justice .
Author. There was several people said he was out of his mind; and his conduct there shewed it.
Prosecutor. The man seemed to covet death, that is my opinion.
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > with recommendation
69. JAMES BARNARD was indicted for feloniously stealing, on the 14th of December , one order for payment of money, value 297 l. 1 s. 2 d. and one bank note, value 300 l. and one other bank note, value 200 l. the property of James Popplewell , and Thomas Styan .
On the 4th of December last, between three and four in the afternoon, I gave Mr. George Hardy , my clerk, two bank notes of three hundred pounds, to carry to Munday and Walker, in Broad-street; I gave the prisoner a draft of 200 l. on Downe, and another for 297 l. 1 s. 2 d. on Casson's, to take to Mr. Turner in Newgate-street; the last draft is the draft in question: I am in partnership with Mr. John Popplewell .
Mr. Garrow. How long has this boy lived with you? - About two years, and has been entrusted with considerable sums.
How much has your loss been? - Between three and four pounds.
I was sent to Messrs. Munday and Co. in Broad-street, with two bank notes; Barnard met me in Cornhill, and told me I might give him the notes; he was going that way; and he asked me for two hundred and three hundred, and would meet me in Bartholomew-lane, and he gave me a draft for two hundred pounds to receive, and he would meet me there, but did not come.
On Tuesday morning, the 5th of December, I was doing my duty as master of a vessel at Dover; the tide coachman informed me his coach had been searched for a young lad that had been guilty of something amiss; and he was conducted to me by my son, and the coach guard; I asked the guard to go to his master in London; he said he was on the King's duty, and could not; I immediately took post chaise, and came to his father and master, who returned back to Dover with me.
Mr. Garrow. He gave you the notes to take care of for his master? - Yes; the packet did sail for Dover, after the young man came in, and he might have gone over in that packet.
GEORGE SHAWE sworn.
I am constable at Dover; I apprehended the prisoner the 5th, before his master came down to Dover; I delivered the draft to Mr. Styan.
(The draft produced.)
I am a clerk in the bank.
Mr. Garrow, Prisoner's Counsel. Do you know the prisoner at the bar? - I cannot say I do.
Do you know the notes? - I do; he changed the 300 l. and 200 l. notes for several small notes; this 10 l. note is one of them; it was found at the bankers.
- SPILSBURY sworn.
I gave value for this note to the prisoner at the bar; I gave him bank for it, 200 l. 50 l. 25 l. and 20 l. I am sure the young man is the person.
I am a painter in Whitechapel; I was foreman of the Jury for the present sessions; have known the prisoner from an infant, a very honest lad.
ROBERT - sworn.
I have known him from his cradle, a very honest, sober lad; his father is a very respectable man, and took a great deal of pains in his education.
I live next door to the boy's father; have known him about ten years, a very honest lad; I never heard any thing amiss of him till now.
I live in the Little Minories; I am a carpenter; have known him from his infancy; I never heard any thing but well of him; never heard to the contrary.
I live in the Little Minories; I am a pewterer; I have know him from his cradle; he is a very sober, honest youth, and exceedingly good.
THOMAS ROBINSON sworn.
I live in the Little Minories; I am a taylor and mercer; I have known him, and his father; he is a very good sort of a lad.
Court. It is impossible to say more than has been said to his character.
I have known him from his infancy, a very good boy.
I have known him ever since he was in swadling bands; he has an extraordinary character.
I have known him from his infancy; I have entrusted him with two, three, or four thousand pounds at a time to carry to the East India house; had it been twenty, I should have entrusted him; I had no doubt of his honesty in every way in which I could have considered him.
He was humbly recommended to mercy by the Jury and Prosecutor .
Transported for seven years .
Tried by the London Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > theft under 40s
70. THOMAS WILLIAMS was indicted for feloniously stealing, on the 13th of November , forty-eight linen handkerchiefs, value 4 l. the property of Charles Urquhart .
Abut four o'clock, I was called down from dinner, and informed by my shopman that the prisoner had stolen some goods; he said he was going past, and some person pushed them under his coat; they had my shop mark; the warehouse is part of my dwelling house.
On Monday, the 13th of November, I
The CONSTABLE sworn.
I had this delivered to me the day the prisoner was fully committed, by the prosecutor and his man.
Court to Stephens. Was that the same parcel you took from the prisoner? - Yes.
(Deposed to)
PRISONER's DEFENCE.
I was coming along, and a man shoved it under my arm.
GUILTY, 39 s.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
71. JAMES WILSON was indicted for feloniously stealing, on the 5th of December , one cloth great coat, value 10 s. the property of John Cunningham .
I live in Hatton court: on the 5th of this month, I lost a great coat; I hung it up in the Carolina coffee-house, about six in the evening; I missed it in about an hour and a half; I went up the further end of the room; I heard a bustle, and went to see what was the matter; I saw Mr. Harper, the master of the coffee-house, have hold of the prisoner, and my great coat then lay at the prisoner's feet.
I am the waiter at the Carolina coffee-house; I saw the prisoner come into the coffee-room, on Tuesday, the 5th of this month, a quarter past seven, with an umbrella in his hand; he asked me for a glass of brandy and water, which I served him with, and he paid me immediately; he drank a part of it by the fire; and then he went and set in one of the boxes; he sat there some considerable time; then he moved into the box, where the great coats hung.
Did you see the great coat hanging there before? - Yes.
Did you know whose it was? - Having some suspicion of him, I was determined to pay attention to him; and I saw him, about five minutes after, draw the coat off a curtain rod where it hung; there were two or three other great coats; he left the great coat at the end of the bench; afterwards he got up, and walked to the fire place, and looked about him, and seeing no person about the fire, he went in again.
Where was you? - I was behind the door, looking through a glass door for the purpose of watching him; when he had been in the box about a minute, he came out with a great coat rolled up under his arm; he had no great coat on when he came in; and I came from behind the door and caught him; I asked him what business he had with that coat; he signified that it must be a mistake; my master came up immediately, and caught hold of him, and sent for a constable, and he was secured.
Was he a customer of yours? - He had been two or three times before; the reason I suspected him was, a gentleman had lost his great coat about the same time; I should know the great coat again.
I have the great coat. (Produced and deposed to.) I am beadle of Cornhill ward; Mr. Harper gave me charge of the prisoner; he did not deny it.
Prisoner. I had no intention of taking the coat; I was going to take it to the bar.
Did he tell you at that time that he was coming to the bar to give it you? - No.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
72. CHARLES ROBERTSON was indicted for feloniously stealing, on the 9th of December , four penny weights of gold, value 10 s. three penny weights of silver, value 8 d. one penny weight of gold and copper mixed together, value 4 d. the property of Thomas Davis and Henry Davis .
I live in Lombard-street ; I am a goldsmith , partner with Henry Davis : on the 9th of December, I missed some gold and some silver, which we had given to the prisoner to melt; the prisoner worked with us about a month; I gave it him on the 9th of December, about thirty penny weights, and he took six; we did not find so much upon him; he was to melt it at the top of the house in the shop; when he came down to go to dinner, we searched him, and a small quantity, two or three grains, was found on the ground, which he acknowledged he dropped, and I picked it up myself close by his feet; there was about a penny-weight of gold; he said it was not our property, it was his own.
Having reason to suspect the prisoner, I weighed him about thirty penny weights of gold and silver, and gave it him up stairs, and desired him to weigh it; he put it into the scales, and told me there was an ounce and a half, which is twenty-two penny weights, which was under what I gave him; I made no reply; I desired him to melt it; he did, and I weighed what he had melted, and found it was twenty-two penny weights, that was all gold, the silver was afterwards separate; I weighed it below stairs in the shop; he did not see me weigh it; that was about twelve, or half after; after he had melted that, he melted a quantity of silver, which I was not so particular in weighing; it was fine silver which I gave him to melt; and when I searched him, I found a piece of the same silver about him; he was the last man that went to dinner; I searched him with the constable, whose name is Holmes, and we found some silver, and two or three other little grains of gold, with some other gold of a coarser nature; some of the grains of gold were found on the ground some little time afterwards; we found the main quantity in the lining of his hat, where the button is joined to the outside, and being thin, it was not easy to be found; there were two pieces of gold; I took them out of his hat myself.
Court. I suppose you could not know it was your gold? - Yes, perfectly well, because it was gold that had been made thin.
Can you undertake to swear that these pieces of gold that were found in his hat, and in his pocket, were your property? - Yes.
In the melting, might so much have been lost? - Then it must have been in another state; it was in the state that I gave it him.
I work weekly with Mr. Davis; I was there the 9th of November; I saw him searched, and from his left hand waistcoat pocket, Mr. Henry Davis took out a piece of standard gold, and a piece of plated gold.
I am the constable; I assisted in searching the prisoner, about one o'clock, theThomas Davis had it then.
Thomas Davis . Mr. Alderman Wright desired me to keep the gold till the next day, I did; it was the same I delivered the next day to the constable. (Produced) They weighed three penny weights each; three or four, I cannot say which; the piece of standard gold was mine; the value about ten shillings.
PRISONER's DEFENCE.
I had that quantity of gold given me; it was near our dinner time; I understand French, and in French, I understood there was a plan laid against me; when this was melted, I had left this out by mistake; this journeyman that is here, has owed me a very great spite, from a very small occasion; he came to work for a guinea a week, and my master told him it would not suit him any longer; but if he would take eighteen shillings for four weeks, he would keep him; I ridiculed him for it; he then talked of buying an umbrella; I said he was too much the fop, so he envied me, and laid a plan to melt this gold; I was going to dinner; if I took the whole quantity of it, I should have thought myself accountable; I have no counsel; my master, Mr. Thomas Davis , shook hands with me in Guildhall yard, and told me if I would say who my friends were, I should be set at liberty.
Transported for seven years .
Tried by the London Jury before Mr. Baron HOTHAM.
|Reference Number
|Corporal > private whipping
73. JOHN THOMAS was indicted for feloniously stealing, on the 11th of December , a quart pewter pot, value 20 d. a pint ditto, value 10 d. the property of William Morton .
I live in Billingsgate ; on the 11th of this month, I lost one quart and one pint pot from my house; I came in and found the prisoner in custody, and I took the pint pot out of his pocket; and the quart pot he took out himself.
I was in the house, and saw the prisoner take one pot, and put it into his pocket; he took it from the fire place; he was going out, I stopped him; I saw him take one quart pot out of his pocket.
(Produced and deposed to.)
PRISONER's DEFENCE.
I was very much in liquor; I did not know what I was about.
Court. Was he in liquor? - He shammed liquor, but I did not know whether he was or no; he run away from the constable almost a hundred yards.
I am the constable; I took him into custody; at first he seemed very much in liquor; as I was taking him to the Compter, he run away from me at the corner of Abchurch-lane; say he, d - n you, b - st your eyes, I will not go any further; and just by London-stone, he was stopped.
Privately whipped .
Tried by the London Jury before Mr. Baron HOTHAM.
|Reference Number
|Corporal > private whipping
74. SARAH HAYWOOD was indicted for feloniously stealing, on the 21st of November , one dead wild fowl, value one shilling , the property of Francis Read .
The prisoner came to buy a rabbit, and
Privately whipped , and discharged.
Tried by the London Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty > fault
75. SAMUEL RICHARDSON was indicted for feloniously stealing, on the 21st day of November last, part of an iron gate, containing two hundred pounds of iron , the property of the honourable Wilbraham Talmash .
The property being wrong laid, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
76. ANN POWELL was indicted for stealing, on the 8th of November , one pair of stays, value 10 s. one gown, value 10 s. one apron, value 2 s. and one black silk cloak, value 10 s. the property of Mary Crouch , widow .
I live No. 33, Compton-street, in the parish of St. Giles's in the fields : on the 8th of November, I lost a great many things, some of which I have found; I gave the things to the prisoner to wash, on the 7th of November; she came to me as a chair woman ; I was ill at the time; she said she lodged at next door, and I was so poorly I did not enquire; I am sure the prisoner is the person; I did not know her before; I delivered to her a child's frock, bed gown, and shift, a table-cloth, a muslin gown and apron, and a laced handkerchief, two towels; they were to be washed in our kitchen; I lost also a pair of stays, and a black mode cloak; about three or four of these things were hanging to the fire to dry, and the woman was gone; I called very loud, but nobody answered; the things were found at the pawnbroker's.
I was informed of this robbery; I apprehended the prisoner at Rotherhithe; on the 14th of November, I found these duplicates on her.
I am servant to a pawnbroker in Broad-street, Bloomsbury; I have a gown, an apron, and a pair of stays; these are my duplicates; the things were not pawned by the prisoner; it was a young woman about sixteen or seventeen, but I do not know her.
I took in a silk cloak of a woman named Ann Powell , the 13th of November; I am a pawnbroker's servant, in Fetter-lane, Holborn; I cannot positively say I took the cloak from the prisoner; I believe it to be her; I saw her about a week after; this is our duplicate.
(The things deposed to.)
Prosecutrix. The lace of the cloak is my own making; it was in a drawer in my bed room; I saw it about three hours before it was missing; I saw her put the cloak and stays in my drawer; there was nobody else to come to the drawers; I was laid down on the bed on the Tuesday afternoon; this is an apron that was my mother's, that I brought from the country; I know the stays by this piece which is put in to make them wider.
PRISONER's DEFENCE.
I never pawned any of the things, nor ever took any; I was gone over the way, and when I came back I found these duplicates, and missed the things; I was quite flurried and went away; the house was a lodging house with many different people in it.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
WILLIAM SINEY and JAMES BROWN were indicted for feloniously assaulting William Butler , on the king's highway, on the 28th day of November last, with a felonious intent to steal his monies and property .
On the 28th of November about ten minutes after nine, at the top of Clifford-street ; I was surrounded by three men, and they advanced upon me gently till they brought me up to the wall, then the one in the middle was very active; and feeling about my pockets; they did not say one word to me all the time; so finding that I was attacked, I called out murder as loud as I could; they staid by me still; upon which one of them held up his clinched fist opposite my head; I called out murder still louder; at last they seemed to take fright and run off; I saw no arms; they said not a word to me, but one of them wanted to get into my pockets.
Did they speak to one another? - No, it was perfectly dumb shew the whole of it; I recollect the acting man to have a whitish coat on, and that was all I could see about him; notwithstanding I was under the lamp.
- HOGGING sworn.
I was in Saville-row on Tuesday evening the 28th of November; I heard a great screaming of murder; I saw a man coming from the corner, from the place where the cry of murder proceeded; I followed him, but he struck across Lord Uxbridge's, among the ruins; I had no stick, and I did not chuse to attack him; he stooped down as if he was doing something to his shoe, and all of a sudden he made a spring, as if he was coming to me; a young man came and asked me where he was; then I lost sight of him; and we both went round the corner and he was there, and we took him; that was the prisoner Brown: I laid hold of his hand; and he d - nd me, and asked me what I wanted with him? I told him a gentleman wanted him; he said, then lay hold of my collar; I brought him up to the gentleman, and asked him if that was the person that robbed him; he said, yes, he could swear to him; the prisoner told me his name was James Brown ; that he was going to Vine-street; he came from his father's, and was by trade a shoemaker ; he said, he was so frighted, he was afraid of being stopped himself.
I was in Old Burlington-street, where I live; I heard a violent cry of murder; I ran down the street and found Dr. Butler in Clifford-street, in the stables; I staid with him about five minutes, when the prisoner Brown was brought up by the last witness: then the prisoner Siney came up and said, why do not you let the man go? the gentleman has lost nothing; then I took James Brown by the collar and said, he should go with me: Brown pulled something out that appeared to be six inches long: it was bright: I could not see what it was: when we got to the watch-house, Siney d - nd my eyes, and swore he would mark me when he got out: that I apprehended might be a pistol: and there is a person that saw a pistol found in Sackville-street, opposite Vigo-lane.
I found this pistol at seven the next morning; the pistol was loaded with two small slugs.
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
78. The said JAMES BROWN was again indicted (together with JOSEPH CRAWLEY ) for feloniously assaulting James Williamson , on the 8th day of November last, on the king's highway, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one guinea, value 21 s. and two half crowns, and five shillings in monies numbered, his monies .
JAMES WILLIAMSON sworn.
On the 8th of last month I was going through Ryder's court, Leicester-fields , at past one in the morning; I had been spending the evening with a few friends; I was perfectly sober, I am sure of that.
When did you meet your friends? - I had been with them all the evening in Drury-lane; I had seen one of them home; three men passed me in the corner of the court, on a sudden they turned round; the prisoner took me by the collar and clapped a pistol to my head, and demanded my money; the other demanded my money also; I gave them two half crown pieces, and three shillings; I said, gentlemen, do not use me ill; the prisoner swore, if I did not hold my tongue, he would blow my brains out; one of them demanded my watch; I told him, I had none; he d - nd my eyes, and said, I had more money; I then put my hand into my pocket to give them some more money; and the other man who is not yet taken, said, frisk him; then the prisoner at the bar took a guinea and some silver out of my pocket; he asked me what I had in my coat pocket; I told him nothing; he then told me to go about my business; I was going the road that he told me; he d - nd me, and said, I should not go that way; I told him, I would go which way he pleased; he made me turn back; I turned to see whether they were gone or not, and the third man said, d - n you, you dog, run, sherry, or I will blow your brains out; then they went off; all this took up about a minute and half; it was perfectly moon-light, as light as day; I had a perfect opportunity of seeing the prisoner's face as he took me by the collar; I locked him right in the face; I am positive sure that is the man; I never was in this court; I can positively say I was as sober as I am now; and I also observed the colour of his coat; he was not taken up till the 28th of November.
On the 8th of November, or rather the 9th, at a quarter before two, I was in Hedge-lane; I am patrol; I was with my partner; we observed a man come down; I crossed the way to him, which is the accomplice Cozens; I held him and searched him, and in his pocket I found a pistol.
Was it loaded? - Yes, with three slugs; I took it from him, and took him to the watch-house, and laid a charge against him as a suspicious person; in the morning we had him before the Justice, and he was admitted an evidence immediately; he cried directly, and owned his fault, and said, there were some more people concerned.
I am a patrol; I was at the taking up of Cozens; I know nothing of Brown being taken up.
Court. Now, let me remind you, that you are upon your oath, and have called God to witness that you are to speak nothing but the truth, if you say one single word more than what is truth, assure yourself that instead of making your peace with God, you are making yourself much worse in his sight? - I will not say a word but what is true. On the 8th of November last, about one, me and James Brown , and Joseph Crawley stood in Ryder's-court, Mr. Williamson was coming down, and just as he came down the street, Brown said, here is a swell a coming.
What is the meaning of that? - I do not know what meaning they give to it, without it is a gentleman; Mr. Williamson was going down Rupert-street; says Brown, we are going round the corner, and we will have him there; as soon as he came to the corner, Brown caught hold of him, and says, d - n your eyes stop, your money or your life; Mr. Williamson made answer, do not hurt me, you shall have all I have; with that he put his hand into his pocket and gave him some money, I cannot say how much; Crawley says, where is your watch? says the gentleman,
Did not you say to him sherry? - No, Sir.
Are you sure Mr. Williamson is the gentleman you robbed? - Yes, Sir, I can swear to him.
Upon your oath, is this the truth of the story? - It is upon my oath.
Brown was with you, and took the part you have said? - Yes, he was.
Prisoner Brown. I never saw the man before with my eyes, nor know nothing of him; that man has perjured himself; he is swearing my life away to save his own; I saw the accomplice before; I have had people waiting to appear for my character, but they are gone.
GUILTY , Death .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
79. DENNIS SULLIVAN (aged sixteen) was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Ringing , about the hour of four in the night, on the 25th of November last, and burglariously stealing therein, one china bowl, value 6 d. seven delph-bowls, value 1 s. 6 d. one cock, value 6 d. one quart of spirits, called anniseed, value 6 d. two gallons of peppermint, value 8 s. and one hundred and twenty half-pence value 5 s. and four counterfeit shillings, value 1 d. his property .
I live at the sign of the George in Hackney-road ; I went to bed about one on the 25th of November, I saw every thing fast and went to sleep; I was awaked about five in the morning, I came down, and found the window shutter broke, and the bar forced off, and two panes of glass broke; it was large enough to admit any body; I missed the things mentioned in the indictment; I found the cask of peppermint underneath the window; the anniseed was gone; I only recovered the peppermint which was close under the tap room window; I had drawn about a quart of it the night before; this cask was in my house, and in my charge.
I fastened the house that night; I particularly fastened the window of the bar; it goes in with bolts; I put in the key myself.
I was coming off duty at five in the morning.
Do you go off your duty so early as that at this time of the year? - Yes; I saw this man with his arms and head in at the tap room window belonging to the prosecutor; he rose up, and immediately went down the street, seeing the glimmering of my light as I supposed; I immediately went up to the window with my lanthorn, and saw the window was open, the sash thrown up, and the curtain drawn back; I immediately went after him; he was but three or four doors off; I took him by the collar; he walked a moderate pace; he did not run; I brought him back to the window; I asked if he knew of the breaking of it; and he said no; I took him to the watch-house; he made resistance when I had him by the collar to get away, and struck me; I was going to turn my rattle, he said, he would go civilly; I took him to the watch-house, but did not search him; I came back and alarmed he prosecutor.
Then could the man get through the casement? - I do not think he could; but what he owned before the Justice he denied on his second examination.
Is your tap room lower than your bar room? - No, much upon a square.
Court to Watchman. Did you see him reaching without side the window or within? - Withinside the window.
Court to Prosecutor. Could any body go from the bar to the tap room? - Yes, there was no door locked between them.
How is your tap room fastened? - The shutter was with a flap.
PRISONER's DEFENCE.
I was going along, and this watchman seized me, and asked me, if I knew this place had been broke open; I told him, I did not; he took me into custody.
Court to Watchman. Had you lost sight of him so long as not to be sure he was the man? - No, Sir; I am sure it was him; there was not another soul out; he owned before the Justice there were three more and himself concerned in this robbery.
Prosecutor. He retracted on the second examination.
GUILTY , Death .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty; Not Guilty
80. WILLIAM ADAMS and ANN ADAMS his wife were indicted for burglariously and feloniously breaking and entering the dwelling house of William Briggs , about the hour of seven in the night, on the 7th of November last, and burglariously stealing therein, two dark cotton gowns, value 5 s. one other cotton gown, value 3 s. one catgut cawl of a cap, value 1 s. his property; one petticoat, value 2 s. one gown, value 6 s. one petticoat, value 3 s. three gowns, value 30 s. one callico petticoat, value 5 s. a ditto, value 4 s. a green ditto, value 6 s. a pair of jean stays, value 10 s. 6 d. a callico apron, value 12 d. a muslin ditto, value 18 d. a muslin ditto, value 2 s. five caps, value 15 d. three callico shirts, value 15 s. five pair of cotton stockings, value 7 s. 6 d. two callico waistcoats, value 10 s. a sattin ditto, value 10 s. 6 d. one Marseilles waistcoat, value 6 s. one silk and cotton jacket, value 18 d. one pair of black sattin breeches, value 2 s. one pair of silk ditto, value 2 s. two stocks, value 4 s. a man's hat, value 10 s. 6 d. one pair of callimanco slippers, value 18 d. the property of John M'Donald , in the same dwelling house .
I live No. 46, Cable-street, in St. George's parish ; my husband is a basket maker ; I know the two prisoners very well; they came to lodge at our house three or four days before the robbery was done; they had the fore dining room at three shillings a week; there had been a door between this room and my daughter's room, but it was nailed up; I saw it secure that morning.
I am daughter of Mrs. Briggs; and wife of Mr. M'Donald; the night before these people came into this room, my father secured the door that is between their room and my room, on both sides; I saw it secured about half after six; the door was then fast, and my box locked, and my room door locked, and my clothes all in it; I went up stairs after tea, and about seven I looked in my box and found it had been broke open, and the mark of a chissel upon the box: every thing that was in the box was gone; they took all the nails off the door, and forced it open, and this ferril and this handle I found in my box; and this chissel was found in their room: I lost the things mentioned in the indictment, to the value of seven pounds, at half the value; the prisoners went away immediately;
Prisoner. She and another girl were gone upon the town at the time she says she saw me; she is not married to this man; he only keeps her.
- DAVIS sworn.
I am a pawnbroker in the Borough; I produce part of the things pawned by one Ann Constable , in the name of Linton; I knew Ann Constable ; she is here.
Mrs. Adams the prisoner gave me these things to sell or pawn; I could not sell them for the value; I carried them to Mr. Davis's to pawn; her husband was with her; I gave Mrs. Adams the money; I never saw her before she came to lodge at Mrs. Linton's; I lodge at the same house; she gave me a waistcoat to sell: I could only get 18 d. for it, and Mrs. Linton bought it for two shillings.
Court. How came you to pawn the things in the name of Linton? - I told Mr. Davis that they were for a man and woman that lodged at Mrs. Linton's, the woman prisoner gave me a cap the day she went to the work house.
- LINTON sworn.
The prisoner came to lodge with me; I bought this waistcoat of Ann Constable; Mrs. Adams sent it for sale, and Ann Constable came back and said she could only get eighteen-pence for it; and the woman prisoner was very ill in bed, I gave two shillings for the waistcoat.
(The waistcoat produced by Frederick.)
Mrs. COLE sworn.
I live the back of Mr. Linton's, in New George-yard, Kent-street, I keep a little house; I have three duplicates of some things that were in pawn, but I purchased them of the two prisoners; the things were pawned at Mr. Davis's, by Ann Constable in her name, and in the name of Ann Linton .
Court to Davis. Look at these things, were these things pawned at your house likewise? - According to the description of the tickets I think they were; but they have been fetched out; they have been out of my pocket; I paid two guineas and nine-pence for them out of pawn, and fifteen shillings and sixpence I paid besides to Mr. Adams.
You are sure you had the things of Mrs. Adams? - I am sure.
I had these things of Mrs. Cole at her house; and the waistcoat at Mrs. Linton's; and this hat from Mrs. Cole.
Mrs. Cole. I had it from Mr. Adams; he brought it down after I bought the other things.
(Mrs. M'Donald deposes to some of the things by the marks.)
This muslin I darned myself; this hat the maker can swear to.
- MUMFORD sworn.
I took this jacket off from the prisoner.
(Deposed to by Mrs. M'Donald, mended by her self with a bit of blue thread.)
Here is a cap that has my maiden name upon it; and these things were found on Mrs. Adams which are mine.
I have nothing to say; I have sailed with Captain Cook round the globe, and I cannot find any of the ships.
WILLIAM ADAMS , GUILTY , Death .
Tried by the second Middlesex Jury before Mr. RECORDER.
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WILLIAM JONES , JOHN TURNER , and HENRY STAPLES were indicted for feloniously assaulting James Pollard on the king's highway, on the 12th of December , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 30 s. one trying plane, value 2 s. one jack plane, value 18 d. one oil stone, value 2 s. one axe, value 2 s. one auger, value 2 s. his property .
On the 12th of this month, about six in the evening. I was robbed on Constitution-hill , coming from Kensington down to Westminster; I passed two men, one of which had a stick; they stood talking; one had his hair tied, and a stable waistcoat and a cocked hat; the other had a red jacket, and a round hat, and his hair tied; I came on my way, and I laid my head on my neck to keep the rain out, and a man came after me; I had no thoughts of his robbing me; it was one of these two men; he instantly came up to me and knocked me down with a stick; I got up again and shouted murder, three or four times; one of them seized me by the throat, and said to the other kill him; that was him that had a cocked hat and stable waistcoat; I said, my friend use me well, and you shall have my watch, and all my money; one of them asked me where my watch was, he could not find it, because I put the chain in my pocket; he asked me how much money I had; I told him four-pence halfpenny, or fivepence; I had no more at that time; he instantly took my watch, and said to the other, come; and they instantly set off with my watch, and all my working tools; they were in a basket, all but my saw, which was in my hand; I had the things mentioned in the indictment; it rained; I cannot swear to either of the men; there were three of them came up to me after I was struck.
I know all the prisoners; I am a pawnbroker; I knew two of them before, that is Jones and Turner; I never saw Staples till that night, I knew nothing of him before; I took this watch this day week from Staples, there was nobody with him in the shop.
What do you know of the other two? - I took an axe of Jones the same evening afterwards; that was on the Tuesday evening; and on Wednesday there was a handbill mentioning these things; I was going up to Bow street, and in the mean time, the prisoner Turner came in with this saw; I stopped him, and apprehended all the rest.
Did you ask them any questions how they came by them? - I asked Staples, who brought the watch; I was very particular with him about it; I asked him where he lived, and what regiment he belonged to; he told me, as he was a tall man he was changed to another regiment, and that he lived at the Duke of Northumberland's Arms, in Oxford-street: and he said, he won the watch at a raffle at the King's Arms, at York; Turner brought the saw; I perceived it was not his own; I asked him some questions; then at last I went behind the door and would not let him go out; I sent for a constable; I did not ask Jones any questions about the axe; I had no suspicion of him; he passed for a carpenter ; I knew him before; I had the axe and the watch the same evening of the robbery about eight.
How long after Staples did Jones come? - Within an hour; I had no suspicion of either the axe or the watch.
Are you sure of them all three? - I am sure as I am standing here; I questioned Staples about the watch particularly.
I am constable; I took up these people; I was sent for on Wednesday the 13th, I think it was in the evening, to the pawnbroker's; I followed to the Justice's, and saw Turner in custody; and I knew him; and I took up the other two; I found Jones in Turner's lodgings; and I found this saw; and I found this auger; and I found Staples at No. 4, Peter-street, in a two pair of stairs room full of soldiers and
I was with Percival; I know no more.
I know no more.
(The watch deposed to.)
Prosecutor. This is my watch; I had it the 3d of April last; the maker's name, Samuel Dawn ; the number I have forgot, but I believe it is 284 l.; my name is on the outside case of the watch in figures; this saw is mine; it has a mark on it; this tenant saw I swear to by the back of it.
Turner and me were drinking together part of the day, and going to Kensington, at the back of the Queen's Palace, I kicked against this parcel; I saw it contained carpenter's tools, and I carried them to Turner's; I took the axe having no money, and pawned it for a shilling.
The watch was not mine; I was drinking at the King's Arms, in Orchard-street; I never was out five minutes, till eight at night; a man came in and asked me to pawn it, and bid me pawn it in the name of Henry Inglethorpe ; I never saw the man since; I never saw these two men all the day from eleven o'clock.
My wife washed for Jones; he came there near eight o'clock, and brought this basket with these tools in it; he asked me, if they would be of any service to me; I said, I had no money to buy them; says he, let them stay here all night; I found them, and it they are not advertised, I will sell them; I took the saw and went and offered to pawn it, and I was stopped with it; I was frightened out of my senses; I did not know what to say.
I came to speak for John Turner ; I keep the Blossom's Inn, in Lawrence-lane.
How came you to know the prisoner Turner? - He was a lodger of mine six months.
What was his character? - I always heard he was an honest man; I knew nothing against his character; he was quartered with me; he was as other gentlemen, a lodger; he was then as a gentleman; this was in 1784.
How long has he been in the Guards?
Prisoner Turner. Two years and one month.
Tyrrell. I fancy he only brought himself to be a soldier by his own little extravagancies.
Court to Turner. What regiment are you in now? - In the first regiment of Foot Guards.
I have known Turner seven or eight years.
What was he before he went into the Guards? - He was employed in America by General Howe, and afterwards by General Clinton, as a guide to the English army; they went three hundred miles in the country; he took the rebel mail; he was recommended by Colonel Thompson for the reward for taking the rebel mail; he came home with me; he is an American born; I have known him to have great trust reposed in him; Colonel Thompson, Major Murray, Lieutenant Moody, and many gentlemen know him.
I live at the Blossom's Inn; my husband does business there as an agent to some country gentlemen.
What country woman are you? - Yorkshire; I knew the prisoner Turner by seeing him there, for I fancy six months; he always behaved himself very well, for any thing I ever heard or saw.
ALL THREE GUILTY , Death .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
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THOMAS ROBERTS and WILLIAM TOOTE were indicted for feloniously stealing, on the 4th of December , twenty-eight pounds weight of rope called cable rope, value 4 s. 6 d. the property of the Master and Brothers of the Trinity house .
(The case opened by Mr. Silvester.)
I belong to this lighter, No. 12; one of my mates made her fast; I saw her this day fortnight, about five in the afternoon, moored to her anchor with a cable; the next day I found she was gone from her moorings; there was about four or five fathom of her cable gone; fresh cut; this is a part of the same cable.
I am a waterman; I had the watch this day fortnight; I laid upon my sculls, in the course of three minutes I perceived somebody row; I was afraid to board them; I went and fetched my fellow servant, and went into the boat, before she got on shore; and I pulled the rope from under Toote's feet; the other prisoner was there; I told them I should take them; they threw the rope over into the mud, and made their escape in the boat; I knew him very well; they are the men; the next day I found the boat at Stone-stairs without any body in her; and there was a knife in the boat which the prisoner Roberts confessed was the knife that the prisoner Toote cut it with.
I saw these two men at Stone-stairs in this boat.
(Deposes to the rope.)
There is a particular mark in every inch of it; it was made under my inspection; it is worth eight or ten shillings.
We found the rope in the mud.
Each to be transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
83. ROBERT HORSELEY was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Bearblock , about the hour of six in the night, on the 8th of December , and feloniously assaulting Jane the wife of the said Joseph, in the said dwelling house, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one watch, the inside case made of silver, and an outside tortoiseshell case, value 40 s. a steel chain, value 6 d. a stone seal, value 3 d. a key, value 1 d. two trinkets, value 2 d. two silver tea spoons, value 3 s. one half guinea, value 10 s. 6 d. and four shillings in monies numbered, and twenty-four halfpence, the property of the said Joseph .
The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.
I live in High-street, St. Giles's ; on the 8th of December, about half past six, two men came in at the street door, which was open; the shop door was shut; they locked the street door inside; they opened the shop door, and came within-side the counter, one of them held a cutlass across my throat, and said, your life or your money directly; they were on the side of the counter; I went into a little place; they put the cutlass to the child's bosom, and said, if you speak a word, you are a dead girl; nobody but the child was with me in the house; they took two tea spoons; then they came and felt our pockets, and took some halfpence; they said, they would kill us both; the child fell a crying bitterly, and said oh, Madam, give your watch, give your money; will you save my mistress's life if she gives you her money? in one pocket I had some halfpence, in the other a little silver, and half a guinea; I laid my watch down on the table; it was a silver watch in a shagreen case; I told them I had no more money; they took it up, and said, you may think yourself very well off that we only take this; for tomorrow night we will break in backwards and strip you of every thing; then they locked the door, and took the key with them and went away; the person who is not taken took the gold, and the prisoner
Should you know them again? - I was so terrified I could not undertake to swear to them, though I saw them at the Justice's.
Mr. Garrow, Prisoner's Counsel. You told my Lord, you was so terrified that you cannot swear to the persons? - I think it is the prisoner at the bar, but I cannot swear to him.
Do you remember saying that you thought both the men that came into your house were taller than those you saw at the Justice's? - I saw him at the Justice's, and when he had the hanger in his hand, I really thought him to be a head taller.
I believe you said very honestly, being so much terrified you would not for the world swear to him? - That is the truth.
Do you know a man of the name of Lyon a thieftaker? - Yes.
What has he said to you and the little girl about the reward? - He said, as he broke no locks, that there was no reward; that they had nothing for their trouble, and did it all at their own expences.
Did not Lyon say something about swearing that the outer door was shut when they came in? - They looked particularly at the latch; it was a spring latch.
What has the thieftaker Lyon said to you about the door? has not he said this to you, that if the door was not broke they would have nothing at all? - Really I do not remember; he said, if the door had been locked, then there would have been forty pounds; and I asked this thieftaker, says I, and you will have part of this forty pounds? no; says he, as they broke no locks there will be no reward of forty pounds.
This was said in the hearing of your little girl? - Yes.
I take it for granted you left the business of indicting this young man entirely to them? - Yes.
Did they ever tell you that they had indicted this young man for a burglary? - No, I thought it would come to transportation as he broke no locks; I enquired of them what it would be; I believe it was only said, to get a shilling or two out of my pocket.
Court. The street door you say was open? - Yes, it was hooked back.
Was the shop door shut or open? - The shop door was shut with a spring latch.
Mr. Garrow. How old are you? - Thirteen.
Do you know the nature of an oath? - No.
Do you know when you are sworn what you are bound to do? - No.
Do you know what you ought to do when you take an oath? - Tell the truth.
What will happen to you if you do not tell the truth? - I do not know.
Have you never heard, if you were to tell a falsehood when you take an oath what would become of you? - I should go to Hell.
That is a bad place, is it? - Yes.
Will any thing happen to you here before you die if you take a false oath? - No.
Do you know that people that swear falsely are punished here by the law and the officers of justice? - No.
Court. Well then, I will tell you that they are, therefore take care to tell the truth? - I was in the shop with Mrs. Bearblock when these men came in; the street door was hooked back; the shop door was shut, and upon the latch; they came in and shut the street door after them; they did not lock it, only shut it; then they opened the shop door, and shut it after them, then they drew a hanger or a cutlass, and said to my mistress, your money or your life; then my mistress said, I keep no ill; I have no money; then my mistress came behind the counter, and the man came and looked behind a little curtan, and took two tea spoons; then they
Did they say any thing that you recollect before she gave them her watch? - They asked her for her watch two or three times before she gave it them; they said, they would have it, they would not go away without it.
Did they say they would do any thing if they had it not? - They said, they would not go away with what they had, and they asked my mistress for her watch two or three times; then she took her watch from her side and laid it upon the table.
Did you say any thing? - No.
You do not remember that you said any thing at that time? - I do not remember I said any thing.
Were you much frightened at that time? - Very much; after they had got the watch, they took the candle and put it down in the entry; then they took the key of the street door, and opened the door and took the key and double locked it and went away, and took the key with them.
Have you your recollection well enough to know the men afterwards? - I know this one.
How soon did you see him afterwards? - I only saw him at the Justice's the very next day.
Who sent for you to the Justice's? - The runners came for me, I do not know their names.
What did they tell you when they came for you, what did they say to you? - I do not know indeed what they said.
Recollect as well as you can? - They shewed us this young man.
But before you went, when they came for you to go to the office, did they tell you what you were to go to the office for? - No, I do not know.
What did they say? - I cannot tell.
Recollect my girl, tell us as well as you can, recollect what the people said when they came for you to go to the office? - They said they were going to take me to the office.
Did they tell you what they were taking you to the office for? - No, they did not; I went with my mistress.
Did you know what you were going to the office for? - I went to the office in expectation of seeing somebody that was taken up, and to see whether this was the young man.
When you got to the office who shewed you this young man? - The runners brought him out of a place into the office.
They shewed him to you, and asked you if that was the person? - Yes.
Did you know him when you saw him? Yes, directly.
Was he dressed in the same clothes that he had on when he was in the shop? - Yes, all but the great coat; he had not the same great coat on.
Are you sure that was the person? - Yes, Sir, very sure.
Should you know the other man if you saw him? - No.
Why do you think you should know the prisoner better than the other man? - Because he had been in the shop two or three times before he did it; I am sure he had been there three times.
When was that? - I did not mind when it was; but I am sure I have seen him in the shop three times before.
What to buy things? - Yes.
When you saw him in the shop the night of the robbery did you recollect that you had seen him before? - Yes.
If you had seen him any where else but at the office should you have known him? - Yes, Sir, any where.
After they had taken your mistress's watch, did they say any thing to you in the shop? - No, I do not remember that they did.
Have you told us all that you recollect about it? - Yes.
Mr. Garrow. Now, my little girl, you
Was you as positive to him then as you are now? - Yes.
Now, recollect.
Court. Look out the examination at the Magistrate's.
Did not you say this several times over,
"I remember there were several people present, I am not sure to the man, I think the men that were in the shop were taller than the prisoner?" - My mistress said so.
You heard her? - Yes.
Upon your oath, did not you say the same as your mistress several times over? - No, Sir, I did not.
Was not you several times distinctly asked whether you were certain to him, and whether your answer was not several times over, that you was not sure that he was the man? - Yes, I think they did say something like that.
Do not you recollect that you several times told him that you was not quite sure? Yes.
Was not the very farthest that you got no farther than this, I verily believe that he is the man? - Yes.
After a great deal of examination? - Yes.
Then before the Justice you never did say positively that he was the man? - I do not know whether I did or not.
Did not you before the Justice say you thought they were taller? - I did not say so.
Then did not you tell the Justice you thought your mistress was mistaken? - No, Sir, I did not.
Mr. Garrow. My Lord, it seems to me to be a great grievance that they draw up the examinations in a legal form, and we never get them in the words of the witness.
Court. The information should be taken in the words and language of the witness, and not corrected, even in false English afterwards; and there is the same grievance in drawing affidavits in our Courts, and still more so in drawing up interrogatories; I pay little attention to interrogatories; the case that we tried yesterday, on the trial of Griffiths, for the murder in Black-friars was as clear a case for the perfect acquittal of the prisoner as ever came before a Court of Justice; not withstanding which, upon the depositions, though they were the same witnesses, I thought it at the best, a very bad manslaughter, if not a murder.
Mr. Garrow. Upon the circuit, Lord Loughborough took this course, there were confessions taken, and they were constantly put into legal shape, he constantly rejected them, and desired the Justices might know, that if they sent them in that form, he would constantly reject them.
Mr. Garrow. Now, my little girl, in the course of what your mistress said, you had heard her tell the Justice the men were a head taller than the man you then saw? - Yes.
Did you mention to the Justice that you thought it was a mistake? - No.
Do you mean to swear positively that you did not say so? - I do.
Now, when they came to take you to the office, they told you, you were going to the office? - Yes.
Did they tell you they had got one of the men who had committed the robbery? - They said, they believed they had one of the men that committed the robbery; that my mistress and me must go and see whether he was the man or not.
Do you remember somebody asking you to go backwards and pick him out? - Yes.
That was before this man was brought out to you? - No, Sir, it was not; for I saw this man; and then the next night they took me down into a room full of people.
Did not you see this gentleman, Mr. Bowen, at the Justice's? - Yes.
Was it not proposed at the first to go and see whether you could pick him out? - No, Sir, I do not think he did.
You are sure that he had not on the same
As different as my gown and your cloak? - Yes.
Do you know Lyon the thieftaker? - Yes.
Have you had any talk with Lyon since this man was taken about this business? - I do not know.
Recollect what Lyon has said to you, about this man, and about the robbery? - He said, he belonged to creditable parents in Rathbone-place; and that was all he said.
How came he to tell you that? - When he came to our shop.
That was before you went to the Justice's, what else did he say at that time? - Nothing else.
Did they say they were sure he was one of them? - No, but they believed that was the man.
Did he tell you that he had found your mistress's watch upon him? - Yes, Sir, going into a pawnbroker's.
That was before you went to the Justice's? - Yes.
That made you sure that he must be the man? - Yes.
And that Lyon told your mistress and you, at your own house? - Yes, and another man that was with him brought the watch to my mistress, and shewed the seal, and said, he had found it on the person of this young man going into a pawnbroker's.
Now, I want to know what Lyon has said to you since this young man was committed? - Nothing at all.
Have you had no talk with Lyon or Mansfield, or Hyde, about a reward? - They said, there was a reward about it; I heard them say two or three times, that they believed it was, but they were not sure, as there was no lock broke.
Now, if there was a lock broke, what was the reward to be? - I do not know, forty pounds.
How was that reward to be got? - It was to be divided amongst them all.
Was you to have none of it? - No.
How was it that Lyon told you to help him to this reward? - I was not to help him to it.
What was you to have to help him to this reward? - Nothing at all.
Have you ever had any conversation with him about the street door being shut or open? - They asked us if we were quite sure, and could swear, that the street door was on the latch.
Why did they ask you that? - I do not know; about the reward.
Why that would make all the difference? - Yes.
Who told you so? - All of them; I do not know whether it was the carrotty one.
You like a good girl told them you would not swear more than was true? - Yes.
When was it that Lyon asked you if you could be positive to the person of this young man? - I do not know what day.
Did he yesterday? - I think he asked me just now since we was turned out of Court, whether I was sure and positive that that was the man at the bar.
And that while your mistress was under examination? - Yes; I told him, I knew his face very well; but he was dressed all in black.
What did he say to you? - He asked me if I could be sure of the man's person; I said, he was all in black, but I was sure of his face; he said no more, but walked backwards and forwards.
Had he ever told you that unless you swore to him they would not get the reward? - They said, unless my mistress would swear to him they should not get the reward; she would not swear to him, because she was not sure.
They said that in your hearing? - They did.
Did not they tell you at any time, that if you swore to the man you should have a part of the reward? - They said all along that I should have a part of the reward if I swore to the man, and if I did not, none of us would have it; I think it was Lyon that said so, the man in the carrotty hair, and he is the man that talked to me at the door.
Court. Did you ever say at the Justice's or any where else, that you was not sure whether this was the man or not? - I said, at first, I was not sure; then they told me to look at him, and I looked at him a good while; and then I swore to him.
Now speak honestly, and tell me whether you know him now, and whether you should have known him if you had seen him any where else? - Yes, I really should; and I am sure he is the man.
You are sure, independent of what those men have said to you, that if you look attentively at this man you should have known him elsewhere? - Yes.
Did you never think that both the men were taller than this man? - No, the other was a full head taller than this man; this was the man that riffled my mistress's pockets; the other did nothing.
Jury. What induced you to change your opinion? - Because I looked at him.
Court. There is at present no imputation on this young witness, but a very strong one on the conduct of these people; at first it did not come out, but now it does come out very strongly.
I am an officer belonging to Litchfield-street; on the 8th of December, information came to the office about half after seven, or near eight, that the prosecutrix had been robbed; they mentioned the watch and other things that had been lost; in consequence of that information, I and two others went out to look after some people; I went into the Black Dog, St. Giles's, and at a pawnbroker's shop facing the Black Dog, we saw the prisoner and two other men at a distance with him; it was on that same night about half past nine; it was at the corner of Bowl yard, in Broad St. Giles's; the prisoner was at the back door of the pawnbroker's shop in a dark passage.
Whereabouts were the other two men? - They were more in the Broad part of St. Giles's; he was more up the passage.
At what distance might they be? - They might be twenty feet from the prisoner; he was in the yard, and they were in the street, at the entrance into the yard.
How far was he up the passage? - I believe it to be twenty feet from the back door to St. Giles's; the back door is under the gateway.
How far up is the back door from the entrance of the gateway? - I believe it to be about twenty feet.
Whereabouts was the prisoner? - He was at the back door, the other two men were in St. Giles's, at the corner of the gateway; I said, to the two young fellows that were with me, look after them; and they went and looked, and they began to move off; I went up to the prisoner and asked him if they sold gin in that shop; he said, no, it was a slap bang shop.
What is the meaning of that? - I take it to mean where they sell leg of beef and pease soup.
You understood it to be an eating-shop? Yes; I told him if it was, I would go in and have twopenny-worth; and I took hold of him at the same time; I sent Lyon into the shop to see if he had pawned any thing, while I kept him at the door; Lyon came out and said, bring him in; before we got in, Lyon took this watch from him.
Did you see the watch? - Yes, it was in his hand.
Where had the prisoner the watch? - He had it in his right hand pocket; I did
Have you had that watch in your possession ever since? - Ever since that night.
What did the prisoner say when the watch was found upon him? - I asked him whose watch it was; he said, he was going to pawn it for a young woman, a relation of his; I asked him if he could tell the maker's name or number; he said, yes, he could; I called for a pen and ink to write it down, and he could not tell the maker's name, but he told the number.
You had him in the shop then, he told the number right? - Yes; after that I left him in custody, while I went in pursuit of the others, but they got off.
Mr. Garrow. Upon your oath were they not Oakes and Petit? - Upon my oath I do not know; I heard the prisoner mention one Oakes before the Magistrates; he might say he had this to pawn for Oakes; and that the two men were Oakes and Petit.
Did not you hear him tell the Magistrate that he was going to pawn the watch for Oakes? - Yes; I did not tell the Justice.
Have you never said, he told you at the pawnbroker's, that he was going to pawn this watch for Oakes? - No, never in my life.
Have you been after a man of the name of Oakes and Petit for this robbery? - No; I heard James Pickering say he had been after them.
Whether the two young men you saw at the corner of the passage were taller or shorter than the prisoner at the bar? - I believe one to be about his own size, and one about half a head taller.
After you took this young man you had not the notice of this robbery? - I had not seen the information; but I had the notice second hand.
Did you go out first having notice of this robbery on Mrs. Bearblock? - I had heard of it before I went out.
As soon as you went up the passage and desired your companions to follow the other men they got off? - Yes.
On your oath, do not you know who these two men are? - No, I do not, they were not old acquaintances of mine; I had not heard from Lyon or Hyde who they were; I had never seen them before to my knowledge.
You searched this young man afterwards? - Yes.
Did you find any key of any street door on him, any fire arms, any cutlass, any hanger? - No, nothing but a bad shilling and a good shilling.
Have you had any talk with any body after you was sworn to day, since you went out of Court, about the prisoner's person? No.
Have you heard any body talk about it? No.
To that little girl? - No, nor I have not spoken to her since I saw her before the Magistrate.
Where is Lyon now? - He is out of Court.
Have you been in his view ever since you have been out of Court? - Not all the time; I went into the porters room; I never saw any body take notice of the little girl.
Have you had any conversation about the reward? - I have had no conversation about it; I did not give myself so much trouble; I have known Lyon about a couple or three months; he was there some years ago according to conversation; he is no particular acquaintance of mine.
Does not he attend office regularly? - Yes.
You know as little of Mr. Hyde since he returned from transportation I suppose? - I know so little of him I did not know he was there.
(The watch handed to the Court.)
Court to Prosecutrix. What sort of a watch was it you lost? - Sir, it is a tortoise-shell watch, and a seal with a coat of arms on one side and a head on the other.
Court. You was with Mansfield when this young man was taken? - Yes, I went into the shop, I said to the prisoner, what have you got? says he, what is that to you? says I, I must see, you are upon no good, or something of that sort; Mansfield was out of doors standing on the steps, and Hyde was on the other side; says the prisoner I have got this, and pulled this watch out of his waistcoat pocket; says I, whose is this? says he my own; says I, this is not a man's watch, it is a lady's watch; upon which he said he was sent to pawn it; I asked him by whom; he told me he was sent by Mrs. Simpson, No. 4, Rathbone-place; we did not believe him, and took him to St. Ann's watch-house; we took him to the Cock first; he wanted to speak to Mr. M'Dolland; we let him speak to him; and then took him to the watch-house; he gave me nothing but the watch; the other man found the seal afterwards.
Who did you give the watch to? - To one or other of them.
Mr. Garrow. Did you write down No. 4, Rathbone-place? - No, I kept in my head, and the next morning I sent Hyde up there.
Did you tell the Justice he had said so? - I was asked no questions at all, only whether I took the watch from him.
Do you recollect the oath you took? - Yes.
You did not tell the Justice what he said about Mrs. Simpson? - No, I did not.
Did you see any body else near the pawnbroker's? - Yes, two men.
Who were they? - I cannot tell for a certainty.
Upon your oath, who do you believe they are? - I believe they were some accomplices of his.
Do not you believe they were Oakes and Petit? - I do not believe any thing about it; I have never been after them.
Were the two men that you saw, taller or shorter than the prisoner? - They were both of them taller; he stood on the step, but they were a good deal taller.
Was this young man examined in the same clothes at the Justice's that you took him in? - I believe he was, he had a great coat on.
Was the watch shewn to the prosecutrix? - I do not know whether it was or no, I did not shew it her; Mumford had the watch.
What trade was you? - I had been a painter and glazier.
Whom might you work with? - For Mr. Southey in Wild street.
Upon your oath, do not you prosecute this young man for the reward? - I will answer you all legal questions; I do not wish for any reward, but if there is any reward to be given, I expect it.
Have you talked to any people about the reward? - I talked to a good many people; you know young beginners want to learn; you know you called me a sucking thief-taker the other day.
Young beginners, sucking thief-takers want to learn a little, do they? - So you said.
What do you say to learning girls? - I do not deal with little girls.
Have you had any particular conversation about the reward for this young man? - No more than what was said in open company; other people instructed me what to do.
You gave instructions to indict this man? - I got the instructions made out.
Was you so good as to instruct any body else about it? - I did not know
Then of course you did not? - No, I did not, that I swear positively.
You never told any body, that if he was sworn to positively, there would be a reward? - No, never in my life.
Did you ever tell any body, that unless the locks were broke there would be no reward? - I do not know that I did.
If such a thing had happened this morning you would have remembered it? - I do not know but I should.
Have you talked with any body this morning about it? - No, only with my people; I dare say you talk about business when you are with your people.
Have you talked to that little girl, Alice Perry , about it at any time? - Yes, Sir.
What about the reward? - Never to the child about the reward.
Then you never told her, that if she swore positively to this young man, there would be a reward? - Never in my life, upon my oath I never did.
You never told her, that if she did not swear to him there would be no reward? - I never did.
Have you talked to her to day? - I said is that the man at the bar, and she said yes, but he has got a black coat on now; I said no more, but turned away.
You did not ask now if she could not swear positively to his face? - I asked her that certainly, when I said is that the man at the bar.
Then you said nothing else to her? - Not to my knowledge, but I do not take upon myself to remember every particular little thing.
Now I tell you that young woman has sworn to day, that you told her, that unless she swore positively that there would be no reward, and if she did, there would be reward; will you swear that you did not say so? - I will.
You never told Alice Perry , that if she swore positively to the prisoner at the bar, she should have a share of the reward? - I never said any such thing upon my oath.
Have you ever told her, that unless she swore positively to the person of the prisoner, there would be no reward for any body? - I never did upon my oath.
I was at the taking of this man; I found a seal upon him, and a key, at Mr. Davidson's, a pawnbroker, at Bowle's yard, in the back parlour adjoining the shop, in his breeches pocket, and a knife; I gave the seal and key to Mr. Mansfield.
(The seal produced broken off.)
Mr. Garrow. What are you? - A plaisterer by trade.
Have you ever been abroad? - About ten years ago I was at St. John's, Newfoundland; I was never sent abroad.
Was not you tried here? - I am not come about that affair.
Was you not? - If I was, I am not come about that affair.
Come answer, was not you? - I was tried here about three years ago.
What since you returned from your travels? - Yes.
What did they try you for? - About a coat that I bought, and I was honorably acquitted.
Have you and Lyon had any talk about the reward for this young man? - I am upon my oath; I never heard any body speak of it; I have never heard Lyon talk to that little girl in my life.
PRISONER's DEFENCE.
The way that I came by the watch, Mr. Oakes was a shipmate of mine, on board the Lamb frigate about three years ago; I fell into company with him about six months ago, and let him have some money.
I am a constable at St. James's; and I attend the Rotation-office; Lyon attends there, I do not know he belongs to it.
Do you know a man of the name of Oakes, and another by the name of Petit? - I have had informations against them, and have been after them several times; I know their persons by the descriptions.
Have you been after Oakes and Petit, in consequence of a description of Mrs. Bearblock's? - Yes.
What was her description? - One of
I am an officer at Litchfield-street; I took Mrs. Bearblock's first description of the persons that committed the robbery; I have it in writing from her mouth, and the child.
Read all you took? - She said that two persons came to the house about half after six, held a cutlass over her, and forcibly took from her person, a silver watch, gilt, and an outside tortoseshell case, &c. one man was about five feet eight, about Pickering's height, brown coat and waistcoat, his hair tied, ruddy complexion, and pock-marked, some blotches in his face; the other shorter, about five feet four, fair faced, round, about nineteen, small curled hair, a boy's countenance, a great coat, striped brown and white; the under coat blue, and the waistcoat blue, and a round hat.
Do you know a man by the name of Oakes? - I have been in search of him, but I cannot find him.
Do you know Petit? - Only by description.
Do either of those persons answer either of those descriptions? - Exactly both of them.
Mr. Garrow to Mansfield. How was the prisoner drest when you took him? - I cannot describe, but to the best of my knowledge with a blue great coat, I am not certain to the colour; a blue under coat to the best of my knowledge.
Was he in the same dress before the Justice? - I cannot say that.
To Dalton. Was you before the Justice the same time the girl was examined? - I was.
Do you recollect what the girl said? - I do not; the girl told me she could swear to the tall man, and not to the other; and when I brought a tall man down, she told me she could swear to the tall one and none else.
I searched for Oakes and Petit in consequence of Mrs. Bearblock's information; I never saw them.
I live in Peter-street, Bloomsbury; I am a surgeon, and the prisoner's father is a surgeon and a man of character; I have known the boy these ten years.
What age is he? - I do not know exactly, about eighteen.
What has been his general character about his honesty? - A very good one I believe; he was with his father many years, he was always with his father then.
I live in Paradise place, Mary-le-bone; I am a joyner; I have known the prisoner from a child; his general character has been exceeding good for what I have known; his father is a surgeon and man-midwife, a man of great character.
I live in Lambeth; I am a surgeon and apothecary; I am acquainted with the boy's father, his father and family are people of reputation.
Mr. Garrow. There were more witnesses here yesterday.
GUILTY , Death .
Court to prisoner. I think it right to tell you before you leave the bar; notwithstanding your youth, that the fact upon which you have been convicted on the clearest evidence, is of such an aggravated nature, and so extremely dangerous in its consequences, that you can expect no mercy from your Sovereign; you must therefore prepare yourself accordingly; the circumstance of your having been well brought up is an aggravation to your crime. I feel for your relations very much.
Robert Horsley , in particular; young as you are, you stand foremost in the enormity of your guilt: at an early period indeed of your life you have attained a degree of wickedness, which I thank God is seldom experienced; the crime itself of which you have been convicted, is one of the most dangerous nature; rushing into the house of a defenceless woman; locking the doors upon her; and with weapons calculated to do mischief, threatening the lives of her and a young girl; stripping her of her property, with threats of a repetition of the same crime; all these argue a degree of hardness and obduracy of heart which is seldom known: you stand too distinguished in another respect which renders you more inexcusable; for, without the excuse of ignorance, and armed with the principles of a better education than your miserable associates, and placed by your rank in life above those temptations they are exposed to; your crimes have proceeded from the wickedness of your heart alone: under these circumstances therefore, you in particular can entertain but little hopes of mercy from your Sovereign.
Tried by the first Middlesex Jury before Mr. RECORDER.
N. B. This prisoner was a witness in the last session against Joseph Thompson for a burglary in his father's house.
|Reference Number
84. JOSEPH MANDER was indicted for that he being in the dwelling house of William Farrer , at the hour of two in the night, on the 5th day of November last, feloniously did steal one cloth great coat, value 1 s. a pair of breeches, value 1 s. a waistcoat, value 1 s. two dozen of buttons, value 1 s. one pair of scissars, value 2 s. the property of George Munday ; and one shirt, value 6 d. one pair of shoes, value 1 s. and one upper leather, value 1 d. the property of William Peplow ; and that he being so as aforesaid in the said dwelling house, the same did burglariously break to get out thereof .
I was called up about two in the morning, on the 5th of November; we went to the shop and the sash was open, and a bundle containing some clothes hanging out of the window; and the prisoner stood by; I pulled the bundle in; I saw the prisoner standing still on the outside of the window; he lodged at my house about four nights; he had not been out all day to my knowledge; he worked in the house; Munday saw the bundle and said the things were his.
I am a taylor ; I lodge in Farrer's house; he came to me to ask for work; he worked three days and a half; on Saturday night I paid him; I was not very well and I went to bed about eight in the evening; and about two in the morning I heard a great noise in the back part of the house; I looked through a little closet window, and saw the prisoner packing up property that was not his own; he was my servant at that time; I was in my own room looking out of the window which looked into his bed room; and his bed room joined the shop; he had a bundle in the room when I first saw him packing up my property in a silk handkerchief; this is the bundle; I struck a light and went down that staircase, and up the back stairs to stop him; I went into his bed room, and he was not there; I observed the shop door half a yard apart; and I said, Mander, do not take any thing but what is your own; I am sorry to employ a thief; he was then on the other side of the door; and he pulled the shop door to; I told him, if he would not come out of the shop I would alarm the house: he made no answer, and I called Mr. Farrer; he came down with nothing but his shirt on; I said, come follow me, here is a thief in the house; I looked in his own room, and he was not there, nor
Why what weapons had he? - He had this staff; but at last he was taken; but we could not get up stairs to take him; he was secured and committed, and taken to Bow-street, and he d - d all the Justices of the Peace that were there present that day.
I know the prisoner by coming to work for Mr. Munday; at two in the morning, on the 5th of November, I heard the rattles go, and Mrs. Munday called to me, and said there was a thief in the house; I got up and went down, and saw the watchman fire up stairs, I saw nothing before that; the prisoner was behind the banister of the stairs; he threatened the prosecutor he would do for him; I came down another stair-case; some of my things were in the bundle.
(The things produced and deposed to.)
Munday. I have had the bundle ever since; this great coat I had to mend for a miller.
Court to Ferrer. Do you know whether that window had been shut or opened the night before.
Munday. I am sure it was shut; it was my apartment.
PRISONER's DEFENCE.
I went to work four days with this man, and on Saturday night he gave me five shillings, and gave me no more; I said I would take the worth aw ay with me.
Prosecutor. I changed a guinea, and paid him before the landlord, and he was satisfied.
Peplow. I saw him paid, and he was satisfied.
GUILTY , Death .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > with recommendation
85. FRANCIS FOWKES was indicted for feloniously stealing, on the 1st day of November last, one cloth great coat, value 20 s. and one pair of men's boots value 18 d. the property of Joseph Inshaw .
I lost my great coat and boots on the 28th or 29th of November, I came to Mr. Clarkson's, the green-man Tavern, in New-street, Covent-garden . I took up my great coat and boots. I slept there that night, in the morning I brought down my great coat to be dried, I put it over a chair to the fire; and gave my boots to be cleaned, I went about my business, when I came home, the landlord told me my boots and great coat were stolen.
I keep the Green-man Tavern, New-street, Covent-garden. On the 30th of November, the prisoner at the bar came to my house about two in the afternoon; and went out and did not return till four. I found Mr. Whitaker and Mr. Conn, two neighbours, in the parlour, drinking a pint of porter, the prisoner was asleep on one side of the fire place; as we had lost a parcel out of that room, they suspected the prisoner, and suggested he was not asleep;
- WHITAKER sworn.
I looked thro' a sash door, and saw him open this cupboard door of Mr. Clarkson's, and shut it again, in consequence of which I went into the yard, to see if I could see it plainer, when I was in the yard I could not distinguish any thing in the room, then I followed after him; and he was stopped about fifty yards from the house; I was six yards distance, he had this bundle under his left arm; I asked him what he had there, he seemed very much alarmed, and said it was a great coat, I asked him if it was his, he said no, but he had lost one; it contained a great coat and a pair of boots, this is the bundle, I have had it ever since.
(Deposed to.)
As to my swearing, that I saw him with these boots and things and bundle I did not, there was a curtain to the door.
Prisoner. My Lord, I am afraid I shall not be able to say as much as I could wish in my own defence; but however, as I am convinced I shall receive every indulgence, I beg my defence may be read.
Mr. Garrow. My Lord, this is his defence, which he wishes to be read; and I can assure the Court I have not altered it, it is his own composition. -
My Lord, and Gentlemen of the Jury, I am well aware how much incapable I am of addressing myself to you, on so critical and so trying an occasion as the present; but as I am convinced you will afford me every indulgence consistent with my situation, I must request your attention, to what, I hope, will at least excite your pity, if not prove a mitigation for my punishment. The fact for which I am here arraigned, has been so very fully established, that I will take up but little of your time in animadverting upon the evidence received by your Lordship from the witnesses; that little, will be merely in observing, that as all the witnesses (except Inshaw, the owner of the property) have uniformly declared, that they watched me throughout the whole proceeding; I wish to suggest, that in consequence of their testimony in that respect, whether it does not do away the capital part of the offence; inasmuch as they might have prevented me from removing the property out of the back parlour, much less out of the house, as I had the tap-room to pass through, where the witnesses were in waiting, and the bar also to pass by; how far the construction of the law may in that case be in my favour, I leave your Lordship to inform the Gentlemen of the Jury: - My Lord, I have great reason to suppose (although I know not that it will avail me any thing) that the prosecution has been carried on at the expence of the Parish, in which the fact was committed; and that the matter would probably have been dropped, had that not have been the case: I have likewise to mention the extreme unwillingness of the owner to prosecute: He comes from Birmingham, and he much wished, I believe, to drop the prosecution; for, on being sworn at Bow-street the morning after I was apprehended, and, on entering into a recognizance for his appearance, he, unacquainted with his situation, and the necessity there was for attendance at this place, asked Mr. Justice Bond if he was at liberty to return, as he much wished to proceed upon his own affairs; he received an answer in the negative; but was at the same time informed, that if it was distressing to his circumstances
I need not inform your Lordship that on the peace being concluded, I, with hundreds more of the same rank, was left destitute and unprovided; but I have to acquaint your Lordship, that since April, 1783, I have supported myself genteely, and maintained that character, which I have only to grieve I ever lost, embracing every opportunity of getting an honest livelihood, in hopes that my friends would at last have found out an eligible prospect for my getting a living; until about two months ago; when losing every hope, I was compelled to pledge most of my own books, wearing apparel, &c. of which I had a good quantity, and at last to do that act for which I now appear at your bar: Among many other occasions of procuring subsistence was that of officiating as a clerk to Mr. Alderman Watson , on his first election as member for City, in the room of the late Mr. Alderman Bull; I was employed also by the High Bailiff of Westminster, as one of his clerks at the late general election for that City; I have likewise been employed two seasons in collecting the hop duty; and during the drawing, by a lottery office keeper; I have also been employed occasionally, as an amanuensis to Lord Mountstuart, and Sir James Erskine , to all of whom I gave entire satisfaction. My Lord, after the very humiliating and mortifying circumstance of appearing as a criminal in this Court, be my fate what it may, I cannot but think it an indispensable duty, to my numerous and respectable friends, to quit this kingdom; I have only therefore to request, that if it lies in your breast, I may rather be permitted to become a VOLUNTARY EXILE than leave my native country as a WRETCHED CONVICT.
I beg leave, in the most unfeigned manner, to return my sincere and hearty acknowledgements to this Court, for the great indulgence I have received by taking up so much of your time, and for the attention that has been shewn me during the whole of my trial; assuring them, that I shall receive with the most profound humility, that verdict which a Jury of my countrymen shall think proper to inflict, at the same time acquainting them, I throw myself entirely on the mercy and lenity of this honourable Court.
I am an apothecary in Essex-street in the Strand; I have known the prisoner; he came from America soon after the war; he was in the Naval service during the greatest part of the war: he was a very
I live in Roll's-buildings, Chancery-lane; I am a stationer; I have known him three or four years; his father lived in our neighbourhood; he is one of the officers belonging to Symond's Inn; I never knew any thing amiss of him till this misfortune; he bore a very good character; he had been in the Navy during the war.
I live in Chancery-lane; I am a baker; I knew him before he went to America, four or five years; and since he returned I know he has been employed by gentlemen of the law, to write for them; I have had great confidence in him, which he has not abused as far as ever I knew; I should have placed any confidence in him.
I live in Bond's stables; I am an auctioneer; I have known him about two years and a half; as far as ever I found, he was very just and honest; I had the opportunity of trusting him once with some very large property as clerk; his general character as far as ever I heard was a very good one.
I am a whitesmith in Fetter-lane; I have known him three years and a half; I always entertained a good opinion of him; I never heard any thing to the contrary.
Mr. Garrow. My Lord, I have several more.
He was recommended by the prosecutor .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
86. ROBERT PEARCEY was indicted for feloniously stealing, on the 15th of September last, five bushels of coals, value 3 s. the property of Elisha Goff , Edward Parnell , and Thomas Whitfield .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
87. THOMAS DAVIS and GEORGE PRITCHARD were indicted for burglariously and feloniously breaking and entering the dwelling house of Jane Brown , widow , about the hour of six in the night, on the 3d of November last, and stealing a cotton gown, value 15 s. and divers other things the property of Elizabeth Morphy , spinster .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty; Not Guilty
88. They were again indicted for feloniously stealing, on the the same day, one small piece of cloth, value 1 d. one pair of men's gloves, value 1 d. the property of Elizabeth Morphy , spinster .
The cloth was found at Davis's lodgings in his box.
Transported for seven years .
Tried by the London Jury before Mr. ROSE.
|Reference Number
|Not Guilty
89. WILLIAM ROBINSON was indicted for feloniously stealing, on the 17th of December , fourteen pounds weight of lead, value 1 s. belonging to William Followell .
(The witnesses examined separate.)
MARY FOLLOWELL sworn.
I am wife of the prosecutor; the prisoner came to my house at No. 24, Little Gray's-Inn-lane , between seven and eight, on the 17th of December; I never saw him before; he was brought to me out of the back yard; and I asked him what he did in our house? he said, he came into the yard to ease himself; he was committed to Bridewell; he was brought back in about ten minutes; he had ran away; and I was called down stairs; and I directly missed my lead pipe which was fixed to the wall of the dwelling house in the yard; he said, he knew nothing of the pipe; I saw it the night before; I was not in the yard that morning before he came; the pipe was not found till eleven in the day; it was found down the necessary; I saw it found; the prisoner was committed to prison before my pipe was found; I have lodgers in my house; nobody else has access to my yard but myself and my lodgers; this is the lead.
Who were your lodgers at that time? - Jane Field had him stopped; there are a good many lodgers in my house, but they were not down stairs.
I saw the prisoner last Thursday was a week, about half past seven in the morning, in Mrs. Followell's yard; I lodge in the house; I did not see him go in; he was taking this lead and cock off the top of the tub; I saw him shaking it, and give it a twist off; I did not see him with any knife in his hand; he had a white cap on and no hat; I was frightened; I went into the shop and told a young woman; I could not see into the yard then, so that I did not see what he did with the lead.
Do you know whether he saw you when you saw him first? - I am not sure; that young woman went into the yard and she called, and said, who is there? he did not answer the first time; then he said, yes; says I, there is a thief in the yard has cut the cock off; he came out with his hand behind him, and he came to me, says he, d - n your eyes, you bitch, what do you make such a noise for? says I, you have been cutting the cock off; so he ran away, and said, d - n you and your cock too; I ran after him; he cried stop thief, very loud; he was taken; he was not out of my sight; he was brought back to our house.
I lodged at the prosecutor's; I saw Mrs. Field come into the shop about half past seven; she looked very pale, and said, there were thieves in the yard; I saw nobody there, but I heard somebody in the necessary; I asked once or twice who was there; the third time he said, there was one there; I then asked if he belonged to the house, or did he live up stairs; he said, no; I then went into the passage, and he followed me; he had his right hand under his coat; and I thought he was going to strike me, and I locked the door which went out of the passage into the shop; I saw the prisoner at the street door afterwards; and Mr. Field came to the street door in his shirt; and the prisoner ran up the lane; and I saw Mrs. Field run after him; he was dressed in a blue coat and black breeches; and his beard was very long; when he was in the necessary he had a white cap and a hat on, but when he was brought back he had no cap on.
PRISONER's DEFENCE.
I have been been very ill ever since I left the Polly, Captain Gordan, belonging to Liverpool, where I served my time; I got up at half past six to take a dose of physick; I was advised to take a walk into the fields; coming back, I went into this barber's shop to get shaved; and necessity took me, and I went into the yard, and this woman came and asked me what I was doing and I told her; I came out and walked away as fast as I could from her; one of the men brought me back; they asked me, where is the lead? says I, I never saw any lead at all; I said I knew nothing of the lead.
SARAH WILLIAMS sworn.
I live in Essex-street, Strand; I know nothing of the lead that is laid to his charge; I know nothing of the parties; I have known the prisoner and his family; I heard these evidences, these two women, against him on Friday say, that the young man went into the yard, and Mrs. Followell said she had sent a boy to draw water and bid him shut the door, and he came back and told her, somebody was in the vault; she went to see who was there, and a young man was there; and she said come out, and he said something to her; in about an hour's time, she said, she found some lead down in the vault; she said the young man came out of the vault and had nothing with him; she said she never saw him till he came out of the vault; she told me so; I was asking her about it, but I did not then know who she was; there was a middle aged man came up to her, and said that the prisoner gave sixpence to him to fetch his friends, and says he, I will nick him a sixpence, and do you all stick in a mind, and all swear alike, and you will get thirty shillings, and she said, I intend to do it.
This elderly man said this publickly? - Yes, I stood by and heard him; there were the three women there and me; there was no-body else upon the steps that I knew; but there were a number of people on the steps; and I said to the man, you are an old man and a father of children by your looks, it is a shame to take a poor boy's life away; and the woman in a red cloak made answer and said, I did not understand what they said; I never saw the old man before.
This was said in the presence of all the three witnesses? - It was, I know no further; I know his family to be an honest, creditable family; they lived in the town of Liverpool; and he lived at the same place, he served his time to one Merchant Hudson, at Liverpool; I have known him ever since he was a child; he is the youngest of nineteen children; he is about eighteen; I am twenty-four; I have seen him since he has been out of the shop he was in; I gave him his victuals, and me and my husband took great compassion on him, being so far from home; he did not lodge at our house, he told me he used to sleep on board the vessel while it was in London, and when he used to come up, I used to give him his victuals.
Court to Jane Field . Do you remember seeing this witness on the steps on Friday last? - I saw her one day last week on the steps.
Did you tell her you did not see the man till he came out of the necessary? - I never said any such thing.
Did your little boy come to tell you there was somebody in the vault? - He went in the morning to get a kettle of water, and I told him to shut the door, and he said there is somebody in the yard; I had seen nobody then; I did not go to look.
When was it then that you saw this man in the yard? - About five minutes after I sent the boy to fetch some water.
Did he say he durst not go into the yard? - No, he never said such a thing; I took no more notice of it; I went into the yard, and I saw this prisoner at the bar taking this lead off.
Was there any man spoke to you about your being all of a story? - My Lord, there was a man that he sent of an errand that morning, but I never saw him before, he sent him to counsellor Baker, for his brother was his clerk.
What is that man's name? - I do not know the man.
Did you see that man there on Friday? - I saw him here one day last week.
Was Mrs. Williams present? - I did not see her, but I am not sure.
Did the man say any thing to you here? - He said to me, you found the lead; yes says I, we found it down the necessary two or three hours after the prisoner was taken; that was all that passed.
Did you hear him say any thing to Mrs. Followell? - No, I did not.
Was she with you when he said this to you? - We were all together.
Did he say he had nicked him out of the sixpence? - I am sure he never said such a thing.
Had you any conversation with this woman? - When she found out it was I that was against the man, she begged and prayed of me and Mary Russell , not to say any thing against him to hurt him; I said I must speak the truth; then at night she had three or four women with her, and called me all the false swearers at the bottom of the steps, and on Saturday she said so, she had three or four women along with her.
Court to Russell. Did you hear any conversation? - I saw the man speak to Mrs. Followwell, but I did not hear what he said; it was the man the prisoner at the bar sent of an errand for him; I do not know the man or any thing of him; I saw the prisoner send that man with a note some where in the Temple, but where I cannot not tell; and I saw the man come back again to the prisoner at Justice Blackborow's.
Did he appear to you to be acquainted with the prisoner? - No, I do not believe he was.
Did you hear Mrs. Williams say any thing to Mrs. Field? - Mrs. Williams begged of me and Mrs. Field not to appear against the prisoner; I said I should appear only for the truth; but I did not hear this lady call Mrs. Field a false swearer.
Did you hear this lady say any thing to the man? - No, I did not.
Court to Field Did you hear Mrs. Williams say any thing to the man?
Mrs. Williams. She did; she made answer and said, that I did not understand what they said; she was the woman in the red cloak, and the other was witness.
Court to Mary Followell . Did you hear any thing said by that woman, Mrs. Williams, to the elderly man on the steps on Friday? - She said he should not put things into our head to say, for we would say enough without; and the man said you have got the pipe; and I said I have; that was all that the man said to us.
Court to Mrs. Followell. What had he been putting into your head when she said so? - He said have you got the lead, and I said yes; and Mrs. Williams said, do not put things into people's heads, that is wrong; he had been saying nothing any further than he came and asked me have you got the lead.
You are sure that he had not said a word to you about being able to get something by it by swearing? - Never, he never mentioned it; Mrs. Williams did not understand what the man said; I told her so.
Jury. That woman in the black cloak pulled her in the red cloak.
Mrs. Field. I did not touch her.
(Several of the students and several gentlemen informed the Court they saw her.
Mrs. Field. I did not; I only put my hand on the board.
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
90. RICHARD JONES was indicted for feloniously stealing on the 25th day of October last; one cloth great coat, value 10 s. the property of Daniel Thompson .
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
91. ANN BENWELL was indicted for feloniously stealing a woollen coverlid, value 2 s. two blankets, value 3 s. one stuff bed tester-cloth, value 12 d. and otherWilliam Neesham , being in a lodging .
(The prosecutor could not depose to the things.)
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty
92. JOHN MAUD and JAMES CHANDLER were indicted for feloniously assaulting Samuel Hill , on the King's highway, on the 25th day of November last, and putting him in fear, and taking from him half a guinea, and half a crown, his property .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > theft under 40s
93. JAMES CARROLL was indicted for feloniously stealing, on the 23d day of November last, one pint silver mug, value 3 l. the property of Fabran Crompton in his dwelling house .
I keep a pawnbroker's shop , in Spitalfields ; on the 23d of November the shop window was broke, and the pint silver mug was taken out; I was not in the shop at the time; I gave information at the Rotation-office; the prisoner escaped at the time. I heard the window break; I went into the shop immediately and missed the mug; I stood to take care of the rest of the things; I went out afterwards; the prisoner was brought me by David Levy .
(Produces the mug.)
I got this mug of the prisoner; he offered it for sale about six in the evening, on the 23d of November I was sent for; I found the prisoner had been stopped with the mug; I took him to the Nag's Head, in Houndsditch; I asked him if it was his property; he told me it was; I asked him how he came by it; he said he found it in Whitechapel; I took him to the Alderman and went to the Assay-office, and found out who had made the mug; and when he was sent back again for another hearing, I went up and found the mug had been stolen, and so I found out the owner.
(The mug produced and deposed to.)
What is the value of it? - Three pounds.
PRISONER's DEFENCE.
I was going to meet my mother; I saw this laying in the street, just off the curb-stone; I did not know whether it was silver or not; I asked a boy where to sell it; I asked three guineas; I did not know the value of it; so I came to two guineas; I found the mug in Church-lane, Whitechapel.
The prisoner called three witnesses to his character.
GUILTY, 38 s.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
94. ELIZABETH BENTLEY and ANN WHITEHEAD were indicted for feloniously assaulting Mary Jackson in the dwelling house of Lydia Hall , putting her in fear, and taking from her, one callico gown, value 26 s. an apron 1 s. a handkerchief, 3 s. a ditto, 3 s. one half crown and 10 s. in monies numbered, her property .
(The witnesses examined apart.)
I was robbed on the 30th of November in the evening, between ten and eleven; I was taken into a house by a gentleman, I did not know where I was going; I was taken into Black-boy-alley ; as soon as he got to the door he went strait in and went up stairs, and bid me follow him, and I did; I never was in the place before in my life; I went up stairs with him, but did not stop but a few minutes; and the youngest prisoner came up stairs, and said she would light me down, that is Ann Whitehead , she lighted me down within two or three steps of the bottom, and put the candle out; now says she, d - n my eyes if you do not strip, I will be your butcher in a minute; she put the candle down in the passage, and she cut me in several places in the face with a penknife; she grazed my face, there are several scars to be seen.
In what manner did she cut you? - She grazed the skin of my face with a penknife.
How do you mean graze the skin? - She stabbed at me and I drew back, so that she but just touched me.
How could you see the knife if the candle was put out? - Why, it was remarkable moonlight, not only so, I particularly noticed the girl as I was going down stairs, for I had a dread on my spirit on being in such a place; I noticed her particularly before the candle was put out, and when the candle was put out, there was no light but the light of the moon.
What doors or windows were there to let the light of the moon in? - There was only a door and that was shut.
Was there any window to the passage? - No.
Then what place was there for the moon to come through? - They opened the door when they began to strip me, and shut it again and pulled off my clothes.
William Mullins the patrol; the prisoners were taken between eleven and twelve; I was stripped between ten and eleven; I met the patrol just by Black-boy-alley, and they went with me, and three or four more; and the girl that threatened to cut my throat opened the door with a candle in her hand to let him in; I gave charge of Whitehead; and the prisoner Bentley ran up two pair of stairs, and the patrol after her; but the door happened to be locked, so she turned back again, and he took charge of her. Bentley was at the bottom of the stairs when the other lighted me down, and she took hold of my gown; I saw her at the bottom as I was coming down; as soon as the other put out the candle they both began to strip me; one had hold of one gown sleeve, and the other the other; when they began to strip me they threw the door wide open; and I began to scream out murder; then they shut to the door again; Whitehead opened and shut the door.
What light did you see the pen-knife by? - By a glimmer of the moon; when the pen-knife was out, I could have seen to work with a needle.
What had you been doing during the hour before you came back? - I could not find the place; I never was there before.
Prisoner Bentley. Did not you say I had done you no injury? - No.
I am a patrol; I apprehended the prisoners; she saw one woman before which she thought had robbed her; afterwards she saw it was not her; when she saw the prisoners she was positive to them; I told her to be careful; I searched the prisoners, and found nothing upon them belonging to the prosecutrix; the prosecutrix was very much confused; she had a scratch in the face; she had been drinking.
Prisoner Bentley. Was not the prosecutrix disguised in liquor.
Court. Was the prosecutrix in liquor? - She appeared to have drank something; not very much in liquor; she was very much confused.
I am patrol belonging to St. Sepulchre's within; on the 30th of November, I was coming down Chick-lane, Mullins stood at the end of Black-boy-alley, he told me, I went with him, and he took me to the woman; she was without a gown, apron, or handkerchief; says I, do you think you should know the people that robbed you? she said, she should; I took her into this alley, into a house that I know very well, belonging to Lydia Hall ; I knocked at the door, and the first person that presented herself was Ann Whitehead ; she swore positively she was the person that caught hold of her by the throat, and put a knife to her; says I, lay hold of her; I heard a foot step up stairs, and I followed Bentley up one pair of stairs; and she swore positively to her likewise; there was blood on the prosecutrix's face in two places, but not of any consequence; the prosecutrix had been drinking, but was always in the same story.
About a quarter after nine, I had been out to market; I went to have my pint of beer and supper, at the public house; about a quarter after eleven the constable came and took me; my friends are all one hundred and fifty-two miles of.
I have an impediment in my speech.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
THOMAS PARKER was indicted for feloniously stealing, on the 26th day of November , two pieces of white callimanco, value 50 s. the property of Samuel Brett .
Samuel Brett is my father: I live in Moorfields ; we lost two pieces of callimanco; on the 28th of November, at half past three, I heard the watchman's rattle go; I went into the tenter ground; there was the spring gun; I saw the hammer up, and the cock down; I thought somebody had been shot, but it was not discharged; I saw the prisoner laying about sixty yards from where the pieces was taken; and about ten yards from the gun; he was asleep on the pieces; I sent my man round to let the watchman in; I saw the pieces in the dye-house that night; the prisoner's father has worked for my father twenty-four years, and works for him now; the prisoner was really asleep, and afterwards appeared very stupid.
William Cook , the watchman, confirmed the above, and produced the pieces which were deposed to.
The prisoner called five witnesses who gave him a good character.
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty
96. FRANCIS BALL was indicted for feloniously stealing, on the 24th day of November last, one leather apron, value 4 d. a hand saw, value 2 s. and some other tools , the property of James Eaton .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty
97. ANN the wife of PHILLIP STEVENS was indicted for feloniously taking away with intent to steal, embezzle, and purloin, two linen sheets, value 6 s. and sundry other things, the property of Hannah Marshal , widow , in her lodging room .
The witnesses called, and not appearing, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty > no prosecutor
98. EDWARD VAZEY was indicted for feloniously stealing, on the 6th day of November last, one wooden drawer, value 2 d. forty-four halfpence, and thirty-one farthings, and sixpence , the property of William Donaldson .
The prosecutor being called, and not appearing, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty > no evidence
99. THOMAS HOLLOWAY was indicted for feloniously stealing, on the 25th day of November last, one linen purse, value 1 d. four guineas, four half guineas, and two dollars, the property of Thomas Hartley , in the dwelling house of Richard Watkins .
There being no evidence, the prisoner was ACQUITTED .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
100. JAMES PARKER was indicted for feloniously putting off sixteen pieces of false and counterfeit money, to the likeness of a sixpence, not being cut in pieces, to John Williams for the sum of 5 s. against the statute.
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
101. THOMAS CHAMBERS was indicted for the same offence .
This depending upon the same evidence, he was ACQUITTED .
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
102. ROBERT NORRIS otherwise STEELE was indicted for burglariously breaking and entering the dwelling house of Thomas Oxley , the elder , about the hour of four in the night, on the 28th day of October last, and burglariously stealing therein, a silver watch, value 3 l. 3 s. and 18 d. in money, the property of Thomas Oxley , the younger .
THOMAS OXLEY , the elder, sworn.
I live in Hampshire-hog-yard, St. Giles's , opposite to the Angel; the prisoner has been a servant to me between three and four years; he quitted my service, as near as I can judge, about four months ago; my son and me were out, one with one hackney coach, and one with the other; we eat our suppers and had a drop of beer; and I said to my son, wind your watch up that it may not stand, and go to bed; he went to bed; he and my nephew lays in the inner room; he fastened his two room doors; the doors are up one pair of stairs, one opens upon the landing place of the staircase; and the other opens into the farther room; I saw the door that opens to the landing place fastened; there is a door at the bottom of the stairs; and there is a farrier has part of the house; and the street door is generally left upon the latch, for the men to come in, in the morning.
Was that door latched that night? - I think it was; I cannot be certain; we generally do latch it; in the morning my son missed his watch; and on the 30th of October I gave information at Justice Walker's.
Court. Are you sure it was the 29th of October? - Yes, I am clear it was; it was of a Sunday morning; I went the next morning to Mr. Fletcher; we took up the prisoner; he always went by the name of Robert Morris ; I never knew any other name till he was taken up by Mr. Starkey, a neighbour; I never saw the watch; but the witness who should have been here, named Samuel Clarke , is absconded.
THOMAS OXLEY , the younger, sworn.
I live with my father, as a hackney coachman ; on the 29th of October I came home with my father, and went to bed about two o'clock; I put my breeches under my head; I bolted my door when I went to bed, and when I arose I found my watch, and what money I had, eighteen pence, was gone; it was missing; I pulled all the bed clothes, and could not find it; I have never found it to this time; in the morning when I got up, the door was bolted; there is a sliding window which was fastened when I went to bed; to the best of my knowledge.
Was it left open? - No, it was shut.
Was it shut or open when you got up? - It was shut: there was no appearance of any thing being opened when I got up.
When I went to call the boys up, the doors were fast, and as soon as I saw my brother, he complained his watch was gone.
On Wednesday morning, about half past nine I went to apprehend the prisoner at the Hare and Hound, in Buckeridge-street;
Samuel Clark called, and did not appear.
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
103. The said ROBERT NORRIS otherwise STEELE was again indicted for burglariously breaking and entering the dwelling house of Thomas Oxley the elder , about the hour of four in the night, on the 19th day of November last, and burglariously stealing therein, a silver watch, value 40 s. and three shillings in money, the property of Thomas Aldridge , and two shillings, the property of the said Thomas Oxley .
I live in Hampshire-hog-yard with Thomas Oxley ; I lost my watch, but I do not know the day of the month, nor how long it was ago; I came in, in the morning, a little before one, with the coach, and just as I had undone my horses, young Oxley came in, and we went to bed; the doors were shut, but were not bolted; I laid my breeches with my watch in my fob, under my head; in the morning I missed it, about eight o'clock in the morning, my breeches lay down by my bedside; I had only one shilling; that was gone too; and I saw young Oxley's breeches laying on his side on the boards, and his watch was there; I awaked him, and he said, he had lost his money; the doors were latched in the morning the same as when we went to bed; I had no suspicion of the prisoner then.
I only know I lost two shillings, the time he lost his watch; it might be eleven days before I lost my watch, as nigh as I can guess; one door was latched, but I cannot be positive to both, nor I cannot tell which door it was; to the best of my knowledge the other door was left wide open.
I belong to Hyde-street office; I was present when the prisoner was examined at the Justice's; Mr. Oxley promised to forgive the boy if he would make a confession; and he gave him a coat at the time.
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
104. MARY LINDSEY and ELIZABETH SUMPTER were indicted for feloniously assaulting Hannah Chandler , spinster, on the King's highway, on the 28th day of November last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, a silk cloak, value 1 s. a silk ribbon, value 2 d. her property .
What are you? - Hannah Chandler .
What is your business? - Against the prisoners.
What do you do? - I take in washing ; I was going up the park between seven and eight, on the 28th of October, I was going to St. James's; I was met by Elizabeth Sumpter , and Mary Lindsey , the prisoners; I am sure they are the two woman; I have not known them before, I have seen them before; I was met by them on the side of the mall; I had nothing with me, only the clothes I had on.
Where do you live? - In Westminster.
What happened to you when you met them? - They asked me for something to drink.
Did they know you? - No; I told them I had no money; they asked me if I had a pocket handkerchief in my pocket that I could go and pawn to get something to drink; the prisoner Sumpter struck me twice in the face; they took my cloak off my back; it was a black silk cloak; and Mary Lindsey snatched myBet Lewis and Tom Hadland came up, the soldier.
Who was the soldier? - Tom Hadland .
You knew him before I suppose? - No, I only knew as I had seen him.
Tom Hadland you knew, he was no stranger to you? - I had seen him.
Was this near any lamp? - It was the side of the mall.
You knew them so well as to be able to distinguish them even in the dark? - Yes, I knew them by sight.
How long had you been in the park that night? - I was only going up to St. James's to an acquaintance of mine there.
Did you get your cloak and ribbons again? - No.
When were the prisoners taken up? - Elizabeth Lewis was of the party the time they used me ill, in the mean while they were taking off my cloak, she struck me several times; she was with them, and I was all alone.
Mr. Knowlys, Prisoner's Counsel. Why you dropped Bet Lewis upon us just now you know; I thought the soldier's name had been Bet Lewis ? - No, Sir.
Did not you take her up before the Justice? - I told her I would fetch a warrant for her that night; Bet Lewis came to my apartment, I did take her up; she threatened if ever she met me in the park again, she would run a knife through me.
Did not the Justice think proper to discharge Bet Lewis ? - Yes.
Did not you charge her with a robbery? - No; I had her up at Justice Walker's; she did not rob me of any thing, she took nothing from me.
Where are these lodgings of your's? - In Stretton-ground, No. 24.
You had no clothes that you had been washing to carry through the park at this time? - I had no clothes.
Had you paid your footing at that time? - I did not know that they wanted any thing to walk through the park.
Do not you know that a footing is requisite when a girl walks the park? - Yes, but they should come and ask me in another manner for that; I had no handkerchief.
You know it is a fair practice in the trade before you set off in the business? - I was not going on that business, I was going through the park.
Why should they ask you so familiarly then? - That I cannot tell.
Did not Mr. Parker refuse giving you a warrant? - I had one for Bet Lewis .
Was you on duty the night this robbery happened? - Yes, on St. James's guard; I was not on sentry at the time, I was on guard.
Was you in the mall between seven and eight? - Yes;
Did you see any thing of this? - I was walking in the park; I heard a person cry out they were robbed; I made up to their assistance, when I came up there was nobody with the prosecutrix; it was Hannah Chandler .
Who did she tell you had robbed her? - She did not say who; she said she had been robbed of her cloak, and the ribbons of her hat, and her nose was bleeding at the time; she did not tell me by name then; afterwards she named Elizabeth Sumpter for one, and the other I cannot recollect her name just now.
Do you know the prisoners by sight? - I never saw them till after they went before the Justice.
Do you know how these women came to be taken up? - I went to my guard on sentry; I know no more of the matter.
Did you know her before? - Yes, I knew her to live a servant in the tower when I was doing duty there.
Mr. Knowlys. Then she followed the soldiers from the tower to the park? - I cannot say.
Does not this woman walk the park in an evening on purpose to pick up men? - I do not know her to be such a one.
You knew before where she lodged? - Yes, I have known her some time by person.
Then you do not like to tell us that other gentlemen know her as well as yourself? - I should be sorry to say so, if it was not so; I was not at Justice Parker's.
When she told you about it, she told you it was Bet Sumpter ? - Yes.
She charged several of them with this robbery? - I do not know of her being refused a warrant against several of them; she never told me Bet Lewis was discharged before the Justice.
Did she tell you she was discharged? - I cannot say she did.
Can you say she did not? - I cannot.
I was going through the park, and this woman was quarrelling with another woman, and she went away, having her cloak on; I verily believe that is the cloak she has on now; I have witnesses to prove she had the cloak on when she went away.
This soldier came up and ill used me, and the prosecutrix told me, if I could have paid the three shillings expences, she would have forgiven me.
I know the prosecutrix; I saw her in the park the evening she complained of the robbery.
What did she come to the park for that evening? - I cannot tell.
Does she usually walk in the park of an evening? - Yes.
What for? - I cannot tell; she accused me of the same crime before Justice Parker; he discharged me; she said she could not positively swear which of the four stole her cloak, therefore he would not grant a warrant; she applied against three more.
Were you in the park at the time she was there? - I was not, and yet she charged me before Justice Parker; I did not see the beginning of it; I saw her in the park at eight, she had a light gown on, her hat, and a cloak, whether it is the same I cannot tell; she lives with another person, his name is Foster; he is a comrade of Tom Hadland .
I know the prosecutrix; her walk is St. James's-park , and Pall-mall; she came into my apartment, and said she had sent the two thieves to Bridewell, for assaulting and beating her in the park, and taking her down for her footing; she said she would not prosecute them, if they would make it up with her.
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty
105. CHARLES GRIFFITHS was indicted, for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 25th of October last, with force and arms, in and upon Charity Lee , widow , in the peace of God and our Lord the King then being, feloniously, wilfully, and of his malice aforethought, did make an assault, and with a certain iron poker, of the value of 2 d. which he had and held in his right hand, did strike and beat the said Charity, in and upon the right side of the head of her the said Charity, giving her thereby one mortal bruise and confusion, of which she from the said 21st of October, till the 25th of October, did languish, and languishing did live, and on the said 25th of October did die; and so the Jurors say, that her the said Charity, he the said Charles did kill and murder .
He was also charged on the Coroner's inquisition with the same felony and murder.
The witnesses examined apart by desire of Mr. Garrow, Prisoner's Counsel.
I lodged in the house of the deceased.
Relate what passed after he came there? - When he came, I went out, he followed me, and said what he had suffered by his wife leaving him, and a young family, and threatened he would have me taken up for harbouring his wife, who had left a husband, and a sick family.
Did he say any thing at all respecting Mrs. Lee? - Not then.
Did he go down stairs again? - Yes, Sir.
Did you follow him into the room where the deceased was? - Yes; many words passed; he told his mother what he had suffered by her daughter leaving her family, and encouraging her; I cannot justly say what she answered, but she said she had kept his family from starving; that put him in a great passion; then many words passed between them; he said she knew the contrary, that he had been the support of her family, instead of she supporting his; I was towards the window; I was looking out of the window; Mrs. Lee was quite black with passion; I was looking out in the street; I heard him say, your age and sex protects you, and I never will strike you, but I will throw down your tea things and break them.
Did he do so? - Yes.
Did he throw down table and all? - Yes.
Did you hear what she had said to provoke him to that? - I heard a scuffle all of a sudden, and I believe she had thrown a bason of water upon him; I did not see it thrown, but I saw it on the ground; in a few minutes, I believe it was two or three minutes, Samuel Lee , her son, came up, and the moment Mr. Lee came in, he knocked Mr. Griffith down, without a word on either side having passed; then Mr. Morgan, a young man, Griffith's brother with him, fell upon Mr. Lee; they were all fighting together, Mrs. Lee endeavoured to part them as well as she could, as well as myself; they were all fighting for the poker, but I never saw which took the poker, nor which had it; I saw them all struggling for it; I received several blows, in endeavouring to part them, but I do not know from whom; I saw all their hands at the poker at the time she fell; they were endeavouring to get it from each other; I did not see her receive any blow; I saw her when she was down; the three men fought all the way down stairs; I followed them; when I got to the bottom of the stairs, I saw Samuel Lee endeavouring to keep the other two off; I heard somebody say, which I believe to be Mr. Griffiths, but I am not sure, lay down the poker, and I will fight you fair; I crept under the poker as Lee was fencing with it, and ran to call some neighbours, but they refused to come in; when I returned, I found them fighting at the door; Samuel Lee , Mr. Griffiths, and Mr. Morgan.
Where was the poker then? - I did not see it then; the poker was laid in the passage; I then saw Mrs. Lee come down stairs all over blood; I begged of her to go up stairs; she refused, and cried out, save my child; I saw a great quantity of blood, and he appeared much hurt, and I ran for Dr. Farmer, a Surgeon in the neighbourhood; his assistant came and dressed the wound.
The affray was then over? - Yes.
What became of Griffith? - He was gone away.
Did he see Mrs. Lee? - I do not think he did see her after she came down.
Was any danger apprehended at that time? - No, none at all.
How soon was danger apprehended? - Not till three on Wednesday morning.
What day of the week was it the affray happened? - On Saturday.
Did you see Griffith at any time after before Mrs. Lee's death? - No, Sir, I did not.
Was you with Mrs. Lee at the time of her death, and sometimes preceding it? - I was with her just at the time she died,
Now from the time that danger was apprehended, was she sensible? - No.
Court. You must not tell us any thing the deceased said when the prisoner was not present; until the deceased's death was apprehended, did the surgeon express any apprehension of the kind? - No.
You did not understand however, that she was a dying woman before three on Wednesday? - No.
Then I cannot hear what she said before that; have you stated now as fairly as you can recollect, all the provocation on both sides? - Yes.
You do not recollect now any expressions used by the prisoner? - No, Sir, I do not recollect his making use of any personal threats of violence, before Samuel Lee came up, there were a great many words on both sides; they were both in a passion: I have related every thing I can recollect.
Mr. Garrow, Prisoner's Counsel. You seem to me to have given a very fair and full account, and not to have suppressed any thing; the purpose of this man's coming, was to see his wife and child? - Yes; the wife slept with me; she was no relation to me, I only lodged in the same house with this man's wife; Lee was own brother.
There was a boy that was in the blue-coat school? - I do not know.
Do you know these people much? - No, Sir.
Mrs. Lee which is dead, was one of Mr. Romaine's congregation, was not she? - Yes, she was a pew-opener.
Do you recollect this man's saying that he should complain to Mr. Romaine? - Yes, I do.
You say she was black in the face; do you remember her saying that he was a rascal and villain, and that if he attempted to deprive her of her bread, she would lay him in gaol for life? - Yes, I do; her hands were clinched, and she was black with passion.
To all this he said, madam, your age and sex protects you, but if you do provoke me, I will throw down all your tea-things? - Yes.
Has Lee both his arms? - Only one.
Do you recollect seeing this man bloody, soon after he was knocked down? - Yes, I do; my hands were all over blood endeavouring to part them.
Did not Lee instantly after he knocked down this man, take hold of the poker and endeavour to get it? - They were all struggling at one time.
Perhaps you may have heard from Lee that he did take the poker? - Yes, Lee told me at the same time that it was a mercy there was never a knife in the way; he said he went to the poker in his own defence; all their hands were at the same time at the poker; I got some blows in endeavouring to part them; the first thing I saw was the poker in Lee's hand at the bottom of the stairs.
Do you recollect seeing the prisoner's son there, the blue-coat boy? - Yes, I did.
Now after this man had thrown drown her tea things, did you hear the deceased hooting at him and saying, now you have done it finely? - Yes.
You had no idea that this woman had received any blow while you was in the room? - No, Sir.
Upon the oath you have taken, do you believe that any wilful blow was given to that woman by any body? - No Sir, I do not.
Do you remember Lee's swearing that he would massacre them? - Yes Sir, he had the poker and kept the others off; then one of them said, lay down the poker and fight us like a man.
Court. You did not know this man before that time? - No.
You have seen him since that time? - I never saw him since that time till to day.
Have you had no conversation on his behalf since you gave your evidence before the Coroner? - I have had no conversation with any body but his wife.
You said just now that you had no notion of this woman having received a blow till you came down the stairs? - No Sir, I had not.
Why did not you tell us that you saw the woman down? - Yes.
Did not you then conceive that she had received a blow? - No Sir, I never saw the least of a blow in the world till I saw her down at the door all over blood.
Have you had no conversation with any body about your evidence, since you gave your evidence before the Coroner? - No Sir, not particularly, many have asked me, and I have told them; I did not recollect every circumstance at first; I was much frightened and so was she.
Mr. Garrow. From this evidence I submit whether Lee is competent to be examined; for one or other of these men, either by accident or design, has occasioned her death?
Court. There is no objection at all to his evidence.
Relate now what passed in the room with the prisoner and yourself, one Morgan, and Mrs. Peter, and your mother. - I came home in the interim, and saw all the place in confusion, and as soon as I entered the room, I hit my brother directly, and he hit me again; I hit him a blow as soon as he came into the room.
I believe you hit him a pretty hard blow; you knocked him down the first time? - Yes, I did, upon that I instantly got hold of the poker, and hit him again with the poker.
How came you to lay hold of the poker? - Because he and the other young man in the room were going to hit me again, and I laid hold of the poker and hit them both.
Morgan had struck you then? - Yes, he had hit me.
Tell us distinctly what happened in this unfortunate business? - I was in the affray, and received a blow on my head with wringing the poker out of my hand, then I got hold of the prisoner directly, and pulled him out of the room.
Court. I will ask you at once the question; did you see your mother receive a blow, before you pulled the prisoner out of the room? - No Sir, if he had been my own brother over and over, if I had seen him, I would have done so.
You did not know of that misfortune till after? - No Sir.
Then in what way that blow was struck, whether in the struggle for the poker by you all three you do not know? - No Sir, I cannot say.
Was your mother in the state of a dying woman, any time before early on Wednesday morning? - I cannot say, for I was not in the room with her.
Mr. Garrow. You did not suspect that this man had any design to kill your mother? - No Sir.
Court to Jury. Gentlemen, the witnesses behind, are only for the purpose of proving that the blow given to this unfortunate woman, from whose hand soever it proceeded, was most undoubtedly the cause of her death; but if it is not proved that that blow was given by the prisoner, that death cannot certainly be imputed to him in any degree; and here there is no evidence at all from either of the witnesses present: Mr. Lee has given a very fair evidence, and he states expressly, that he did not see the blow given; and therefore it does appear that this was an unhappy accident arising from the affray.
Court to Griffith. This should be a warning to you, not to run into the extremes of violence and passion, which you certainly did in this instance, to a very
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty; Not Guilty
106. CHARLES PARKINS and GEORGE FAWCETT were indicted for feloniously stealing, on the 30th of October , six thousand coffin nails, value 10 s. twenty-four bed casters, value 3 s. twenty-six pounds weight of clout nails, value 7 s. the property of William Bent .
The prisoner Parkins was a servant of mine; he went out at nine on Thursday, the 30th of October; I followed him and overtook him, a little way from my own house; I had strong suspicion of him; I asked him where he was going; he said to his washer-woman's; I told him I wanted to speak to him, and he stopped; he had a bundle; he said it was some linen; I found there was no linen in it; I searched it, and found there was some parcels that belonged to me; I took hold of one arm myself, and desired a person he was talking to, to lead him into the house, which he did; I then sent for a constable; he searched him in my presence, and took six papers of nails out of his pocket, and I ordered the constable to take them into his possession, and take him to the watch-house; when he came there, he begged for mercy of me; I left him there for that night, the next morning he was taken before the Justice; the things were produced, and he was committed to Tothill-fields Bridewell; I know nothing of Fawcett.
Mr. Garrow, Prisoner's Counsel. Whose property are these? - Mine.
Has your son any share in your trade? - None at all, they are my sole property.
I saw the prisoner go to the place in our shop, on Monday evening the 30th of October, I was on the side of the shop; I saw him take out several parcels; I could not distinguish how many, nor what they were, only I know by the place he was taking them out of, that they were coffin nails.
Mr. Garrow. Let Barnett step out of Court.
William Bent . I was in our shop; it has a glass partition across the middle of it; I was on one side the glass partition; and he on the other; nobody else was in the shop but him and me; seeing him go out of the shop, I ran and called my father, I found him just by the door; I saw the nails taken from him.
Mr. Garrow. Barnett was taken up as a receiver? - He surrendered; he was suspected, and charged by Parkins.
I was the person that was speaking to the prisoner at the time his master came and took him; I have known him about three weeks; I was asking him whether he knew where one Mr. Bailley lived in St. Martin's lane; I knew nothing of what he had been about; I have heard he had been suspected, and I detained him till Mr. Bent came out.
I am beadle; I produce the property which I found on the prisoner, in the entrance of Mr. Bent's passage; I found them in the different pockets of the prisoner.
(Deposed to.)
Mr. Fawcett called at my house and left a parcel of clout nails, and left word he would call on Sunday morning; that was on the 29th of October; we went from there to the Black Dog, a public
Court. You need not say any thing about Fawcett.
Mr. Garrow, How long is it since you was convicted? - Never in my life.
Then you was not transported? - Never in my life; in the evening he came to me and left six sets of castors with me; on Tuesday morning Mr. Fawcett came to me.
Where do you live? - In Castle-street, Long-acre, No. 26, where I have lived three years and a half.
Perhaps you have never been abroad? - Yes, twice; I went to sea from school, and in the year 1779 I was pressed.
Court. I cannot see why this fellow was not indicted for a receiver.
Transported for seven years .
Tried by the London Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > theft under 5s
107. ELIZABETH FITZGERALD was indicted for feloniously stealing, on the 13th day of November last, one cotton gown, value 7 s. the property of Thomas Clark , privily in his shop .
I am brother and shopman to Thomas Clark , No. 4, in High-street, St. Giles's , a pawnbroker ; the 3d of last November, about half past seven in the evening, the prisoner came in and asked for a handkerchief in the name of Moreing; there was another customer in the shop; the boy went up to look for it, and he could not find it; there was a little girl playing with a child; and the prisoner pretended to faint away; I sent the little girl for some cold water, in the mean time my brother went up to look for it; I was in the shop all the time while he was looking for it; she said, it was not her's, she would go and ask the woman about it; and she went out; presently my brother came down and he missed the gown directly; it was a cotton gown; and we suspected the prisoner, as she was sitting close by; and I found the gown in Denmark-street in a quarter of an hour after, at a pawnbroker's; and I desired them to stop the person if she came again; the next morning she was stopped.
This cotton gown I received of the prisoner the 13th of November, about eight at night; I lent five shillings upon it; I am sure it was the prisoner that pledged it; I have known her some time; I asked her whose gown it was; she said, it was not her's, but a servant maid, who lodged where she did, got her to bring it for her; it has been in my possession ever since.
Did you see her take it? - No.
Did you see her meddle with it all? - No.
Was there any body else in the shop? - A little girl of ours playing with the child.
What may be the value of it? - Seven shillings.
PRISONER's DEFENCE.
It was an hour after the gown was pawned before I came for this handkerchief; the woman gave it me to pawn, and gave me a shilling to fetch the handkerchief: Mr. Aldridge can give me a character.
Aldridge. I had rather not.
GUILTY, 4 s. 10 d.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > manslaughter
|Miscellaneous > fine; Imprisonment > newgate
108. ROBERT CLARK was indicted for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 28thJohn Delew , in the peace of God and our Lord the King, did make an assault, and with both his hands and feet, him the said John did strike, beat, and kick, in and upon the head, belly, back, and sides of the said John; giving him the said John divers mortal bruises, with which he languished till the 1st of December, and then died; and so the jurors say, that he the said Robert, him the said John did kill and murder .
He was also charged on the Coroner's inquisition, with feloniously killing and staying the said John.
(The case opened by Mr. Silvester.)
(The witnesses examined apart.)
I am the widow of John Delew , the deceased; he kept the sign of the Black-boy publick house, in Nicholas-lane ; on the 27th of November, about 12 o'clock at night, when the prisoner and some more came in; we had shut up the house; the prisoner knocked at the door and enquired for Mr. Trott, who was in the back room; I went and called him, and the prisoner sat down with him; they called for a shilling's-worth of punch; then they had two bottles of wine; I thought they were going; I went and stood by the settle, and the prisoner behaved very rude to me, and put his hand under my handkerchief; I pushed him off, and bid him keep his distance; he then took hold of Mr. Trott and kissed him; after that Mr. Trott and he had some blows, and Mr. Trott knocked him over the table, and broke a wine-glass; after that they got a little peaceable, and called for another bottle of wine, and my husband and me went down in the cellar for it; and when we came up, Mr. Trott asked the prisoner how he could be guilty of such an action; they seemed to have words, and we took the bottle of wine in the bar, and would not let them have it; when we went into the room the man said something to me, I do not recollect the first word; and I told him I did not think he acted like a man, first in taking liberties with me, and next in kissing a man; and then he called me an impudent saucy b - h; then I gave him two or three good slaps on the face, and my husband got between us that he might not strike me; and I went out of the parlour, and my husband went down on the step of the stairs; I went to him and laid hold of him, and said, for God's sake do not go down amongst them to have your brains knocked out; then he got up directly and went into the bar; the watchman came in and took the man to the Compter; when the man had been in the Compter a little while, the watchman came for my husband to give charge, and I went with him; and as we were going, he said, he believed the villain had given him his death wound.
Was this the first time you heard your husband complain of being hurt? - Yes.
When did you hear him complain of being hurt? - On the Tuesday morning; but he was ill directly; I had much ado to get him back from the Compter; he complained of being in very great pain.
Where did he complain of the pain? - All the pain he complained of was in his stomach and belly.
How did he appear to be the following day? - He was very full of pain all that morning, and the whole day, and at six on the Tuesday evening, I sent for a surgeon.
When did he appear to be dangerously ill? - He complained very much the whole time; and he died on Friday morning, ten minutes after five; during the Thursday, he was very bad during the night.
Did he apprehend himself on the Thursday night, to be in danger of his life? - Yes, he always said so.
On the Thursday night or Friday morning, did he say any thing respecting this hurt? - I did not hear him, but there is a man that did.
Mr. Garrow, Prisoner's Counsel. Every thing was quiet when this man came in? - Yes.
He enquired for one of his shopmates? - Yes.
Was there much company in your house? - Only my mother, me, and my husband, and one of the New Fire-office men; we had been keeping my birthday.
Your husband I take for granted, was more than usually jovial on the occasion? - I do not know but he might, he had not drank a great deal; we had but three bottles of wine, and there were eleven or twelve drank out of them; my husband was not sober, nor so much in liquor then, as as I have seen him.
This young man, beyond all question, behaved very imprudently? - He certainly did.
Was he drunk or sober? - I do not recollect in my flurry.
He asked to kiss you? - Yes, then he kissed Mr. Trott.
You slapped his face when he called you names? - Yes.
Do you recollect whether Trott did not bring him back when he was going away? - I do not recollect; I was on the stairs.
In the house you heard no complaint of using your husband ill? - None till we went to the watch-house.
Do you recollect any drink being had there? - Not that I know of, neither me nor my husband drank.
I believe this young man was at large that evening? - Yes, he was at our house the morning after.
Was he taken up again till after your husband died? - No, he was not.
Do you remember your husband saying, that they need not take him to the Compter, for they would settle it by making him ask his pardon and give a treat? - I did not hear any such word pass.
Was your husband a very lusty man? - Yes lusty, but not very lusty.
Are you sure that while you staid at the watch-house, there was no punch nor drink of any sort had? - I saw none, we did not stop three minutes.
I am mother to Mrs. Delew; I was at her house on the 27th of November; I remember the prisoner coming to the house about 12 o'clock; when they came in they asked for Mr. Trott and Mr. Delew opened the door for them; they had a shilling's-worth of punch and sat quietly and drank it, and two bottles of wine; Mrs. Delew put her hand on the settle, and the young man came up and used very ill expressions, and put his hand in her handkerchief, and then because she resisted, he let her alone; I saw a scuffle between Mr. Clarke and Mr. Delew; and Mr. Delew had a fall on the stairs, and he put his hand on his thigh, and said oh! I have got my death's wound, which was his cry till he died; I was the person that was with him; he said, oh; that villain has given me my death's wound, he said in his privates, where one man should not hurt another; he said that he was both kicked and punched; and the last breath that he drew but one, he said oh! that villain has been my death; and the last breath that ever he drew, he said, oh! that villain.
Mr. Leach, Prisoner's Counsel. You saw Mr. Clarke when he first came into the house? - Yes, he appeared very well dressed.
Was he in liquor? - I do not know.
Trott is his fellow servant I understand? - Yes, after they had drank their liquor, they were going away very quietly till some words arose, then the prisoner put his hand round Trott's neck and kissed him; then Trott knocked him over the table, and broke the glass.
But at the time when the scuffle happened between Mr. Delew and him, what words passed? - I cannot say, they scuffled some time before they fell; I did not see any more falls but one; Mrs. Delew was in the parlour; she was holding her husband down; he complained, and he said oh! my dear, I am hurt very much;
Court. During his illness, where did he complain chiefly of the pain and illness? - The apothecary ordered him to be bathed with oil; he kept saying to me, I do not mind you being my mother; I do not like a stranger to bathe me; I beg you will bathe me lower, and lower; there was his pain.
Did he complain that his pain was in his private parts? - Yes, more than any where else, and when he was dead the mortification took place.
The prisoner and two others came in about twelve in the night, on Monday the 27th instant, I think it was; they asked at the door for me; Mrs. Delew opened the door; she came into the parlour, and told me there were three persons wanted me; I went into the tap-room, and found the prisoner and two others, and they were a little in liquor; I begged of them to be as peaceable as they could, and I asked them to walk into the parlour, and have something to drink; they had a shilling's-worth of punch, and two bottles of wine; a third was called for, and while the landlord was gone for it, the prisoner went to Mrs. Delew, and stroked her down her handkerchief; I begged of him to desist and behave like a man; upon that he quitted her, clapped his two hands on each side my face, and kissed me; I took and knocked him over the table; he immediately returned the blows, and several passed between him and me; after that was over, some altercation took place, between Mrs. Delew and him; several bad words passed, and she slapped his face three or four times; I do not know whether the watch was sent for; and he endeavoured to escape before they came to get out of the house; I stopped him near the door; the deceased came, and insisted he should go to the watch-house, and a scuffle ensued between them at the bottom of the stairs, and several blows passed on each side; with that I interfered, got the prisoner upon the settle, and Mrs. Delew got her husband up and set him on the stairs; we separated them; in the interval the watch came and took him to the watch-house, and charge was given to take him to the Compter; he made his escape going to the Compter; I never heard that Mr. Delew was hurt till the next morning; I saw the deceased the same morning between five and six, in his bedroom.
Mr. Garrow. Had you been long at Mr. Delew's? - No Sir, the Change chimes were going twelve as I crossed Cornhill; I was asked on account of Mrs. Delew's birth-day; Mr. Delew was in liquor; he was a lusty corpulent man, a very stout able man; I have worked in the shop with the prisoner, five or six years; I have observed him very much adicted to women.
You never had an idea of his kissing you? - No Sir.
Is he an ill-natured cruel sort of a fellow, or a good humour'd fellow? - He is the best humoured fellow I ever came nigh; when he was sober, there was hardly a possibility to rouse him; I have known people angry sometimes to see him put up with so much; not a man of a cruel revengeful temper; Mr. Delew was very angry at his behaviour to his wife; Mr. Delew dragged him to the foot of the stairs; I do not recollect any expression; I separated them as soon as I could.
How many blows might they have given to each other? - I saw Mr. Delew give him one or two on the side; which I think he rather cried out at, and there was a severe struggle; I cannot say which had the best of it; I had no idea this man was mortally injured till four in the morning; I do not recollect whether I saw Mr. Delew at the watch-house, but I remember seeing her; I have no recollection of any drink.
You was close to them when they were striking in the passage? - I was.
If this young man had repeatedly kicked
Did he kick him at all that you know of? - He did not indeed that I know of, I did not hear any such complaint in the house, nor till I heard it in the watch-house; I stopped him in the passage, he then seemed to be desirous of going.
What was the charge made against him at the watch-house? - For ill treating, and ill using Mr. and Mrs. Delew; he went to his work the next morning, and after that, came and surrendered himself to the constable; I was present; the constable told him he was not his prisoner then, without he chose to surrender; he said he was willing to go before a magistrate; the deceased being a very good man, he said no, if he will only acknowledge himself in a fault and come down a bit of something, I will forgive him; at that time I had no idea of its being a serious injury.
Court. Were you quite sober yourself this evening? - I was strictly sober, as sober as I am this minute.
Then you had an opportunity of observing all that passed distinctly? - I had; Mr. Delew had been drinking.
All that you saw was a scuffle? - I saw no other to the best of my knowledge; I was the nearest person to them.
Was Mrs. Delew present at any part of the scuffle? - Not till she came to separate them.
I am a foreman; I was at Mr. Delew's this evening; Mr. Trott came in about twelve at night, and between twelve and one, three other gentlemen, the prisoner and two more; they were rather in liquor; they called for a shilling's-worth, and had two bottles of wine besides, in the interim of drinking that liquor, he got up and put his hand into Mrs. Delew bosom; she told him to keep his distance; he directly laid hold of Trott, and kissed him; Trott knocked him down over the table, and they had some blows; then Trott spoke to him about using him so ill; and Mrs. Delew told him he was a molly for serving a man so; and he called her an impudent b - h; and she slapped his face; and Mr. Delew called him a dirty scoundrel, and that he ought to be charged by the watch; I got between them and his wife; he endeavoured to get out at the door, and Trott and Delew followed him; and in the entry there was a scuffle, and I heard of it; I opened the parlour door, and saw Delew sitting on the stairs, with his hat and wig off; I saw no blows; it was near two o'clock; Delew was groaning on the stairs foot; I did not hear him complain of any thing.
Mr. Leach. Mr. Delew was very much in liquor? - No Sir, middling.
This scuffle did not make him much better? - No Sir.
You attended Mr. Delew I understand, the whole time? - Yes, from the Tuesday morning; he died on the Friday morning following, ten minutes before five.
How soon before he died, did you hear him say any thing about this transaction? - I suppose about an hour.
Was he in his senses at that time? - I think he was.
Was not he in the agonies of death and senseless? can you venture to say that he was quite sensible? - Yes, Sir, he was, he called me three times by my name; I went to him; he says, George Burleigh , do you know where Doctor Thompson lives; I said yes, I went to fetch him, and he called me back, and asked me if I particularly knew where it was; I believe I gave the medicine to Mrs. Cox; he begged for it; she put it into his cup, and gave it him; he drank it as hearty as ever he could, and laid down his head for four minutes; then he called to be lifted up, I lifted him, and he asked for the pot to puke in; Mrs. Cox gave it him, and as soon as ever he had done puking, he said, oh, that villain! and he laid down his head on my
Did he suppose himself in a dying state then? - I did not suppose it then.
I live in Wallbrook; I attended Mr. Delew; I saw him first on Tuesday evening, the 28th of November; I attended him to the day before he died; I saw him on the Thursday.
Court. What was his complaint? - When I first saw him, he told me he had a kick in the belly, and that he had great pain; he had with this a very considerable fever, and in consequence of the remedies that were ordered, the next morning he was considerably easier; during that day he was very sick, and on the Thursday, the sickness increased, and his pain also returned to a greater degree of pain, and the sickness continued during the latter part of Wednesday, and the whole of Thursday; on Thursday afternoon I dined out of town; the fever and the sickness were both very violent in the evening of Thursday; they sent to the apothecary; I saw him no more after; on Friday evening at six o'clock he died.
Did you examine the body? - Yes, the bowels were very highly inflamed, and the caul that lays before them, and in some parts there were small livid spots, the first stage of a mortification; the inflammation of his bowels was the cause of his death.
Mr. Garrow. There was an incipient mortification? - Yes.
From what that proceeded you do not affect to know? - By no means.
Was he very corpulent? - He was.
You would not have been at all surprized if he had died of a mortification in his bowels? - Not at all; we are all liable to that, particularly corpulent men who live free; he told me his pain was in his belly; he told me before he had been kicked in the belly; he shewed me; he put his hand on his belly; his private parts were not hurt, nor did he complain of them to me.
Mr. Garrow. Was there any mortification in the scrotum? - There was no blow on the scrotum.
Did you order fomentation? - I did.
Court. Upon the whole, can you from the view of the body, both before and since his death, form any probable judgment, whether the inflammation was occasioned by external violence or not? - A blow is a very common cause of an inflammation, especially in persons of his habit of body; a man who has drank very much, is more liable to mortifications from external injury.
Was there any rupture? - There was none, that was the most probable cause of all the symptoms, but there was not the smallest disposition to it; I examined and found none.
Mr. Garrow. As far as the prisoner's character for humanity can be proved, I have a number of people.
Court. It cannot be necessary after the evidence of Trott, and the character he gave him.
GUILTY Of Manslaughter .
GUILTY on the Coroner's inquisition.
Court to Prisoner. You have had the misfortune of being the cause of this unfortunate man's death, and your conduct has been far from blameless; though you certainly did not intend what ensued, it is proper you should abide the consequences of what has happened. You, without any other apology, but that of being in liquor, insulted and ill treated his wife, and the violence that you used was the cause of his death. I am satisfied it was not the result of a malicious disposition; and I think it right also to say, that the aggravating circumstances that were given in evidence by one of the witnesses, Mrs. Cox, will not make any addition to your punishment; but if that circumstance had been fully proved, I should have
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty; Not Guilty
109. JOHN SUMNER was indicted for feloniously stealing, one wooden bedstead and sacking, value 5 s. the property of James Collins :
And BRIDGET RYAN was indicted for feloniously receiving the same, knowing it to be stolen .
On the 3d of December, I missed this bedstead, and on the 7th I was informed it was in Mrs. Ryan's cellar; it had been standing in a shed on the outside of a house, it was part of a bedstead; I went to Mrs. Ryan's, and there I saw it; she keeps a house in Hedge-lane ; I got the two fore legs, the screws, the curtain-rod, and the teaster; she was not at home; the constable took her and it to Bow-street; I know nothing of Sumner.
Does she keep a shop? - Yes, old iron and rags.
Mr. Garrow. A common broker's shop.
I know nothing of the theft, only finding a part of the bedstead; I believe the man had stolen some other things, and confessed this among the rest: I was present; the confession was taken in writing; I believe the woman was in custody; she keeps an old iron shop, and rags .
Does she deal in any thing of this sort? - I did not see any household furniture but this; it was laying loose in the cellar, and the door open; I could stand in the street and see it in the cellar; the most valuable part, the prosecutrix said, she had at home; I would not give half a crown for these.
I know the prisoner very well; I saw him sign that confession; and I saw Mr. Bond the Justice sign it; there was not a single thing said to him; it was perfectly voluntary; I signed my name only once; but I heard him make two.
What was the occasion of his making two? - I do not know.
Was he talked to, was he persuaded? - I said nothing.
Did any body say any thing to him to induce him to make the second? - I believe the only reason was, the man had made one confession, and he afterwards heard not a word from me.
Mr. Garrow. What did Mr. Bond say to him? - I did not hear a word.
Did not Mr. Bond say something like this, you have not told us all, is there not something more? - I do not know.
How was it that a man who had made one confession should make another? - From the time he had made the first confession; I was always in company with three or four people.
Upon your oath, did not Mr. Bond the Justice, or some other person say something to the man to induce him to make a further confession? - I have taken an oath, and I know what an oath is; I know nothing at all about it.
Do you say, what he afterwards said, was without any inducement, and that without any persuasion he made another confession? - To the best of my knowledge he did.
Did he say, now, Mr. Justice, you are but a fool of a Justice, for I have been making one confession, and I have not told you all? - No.
Did the Justice say to him, now, Mr. Sumner, there is a great deal behind, and you had better tell the whole truth, was that the way? - Why Sir, as to that particular
What induced him to make a second confession? - I tell you once for all, I do not know; I did not hear any thing; but he said, he did it voluntarily; I did not see the second confession signed; I believe my name was to the first.
What was the result of all this? - I know nothing at all about it.
Court. Did you see this man sign two confessions? - I saw him sign one, no more.
Which was that? - I think it was the confession about the bedstead.
Mr. Garrow. Will you swear that this you have put your name to is the one you saw him sign, signed John Sumner ; the first examination of John Sumner ; the 7th of December, 1786.
"Says, that on
"Thursday night last, about half past
"eight, he feloniously stole from under an
"archway of Mary Collins , at the above
"house, the bedstead now produced, which
"he then hid in a field, and then took to
"the house of Bridgett Ryan; that on
"Friday last, when he sold the plough
"coulter, and plough plate; he told her
"the man that kept the Red Cow, had a
"bedstead to sell; she said, she would
"buy it if she could get a penny by it;
"she said, have you brought it; he said,
"yes: she asked what the man asked for
"it; he said nine shillings; she said, they
"were worth little or nothing; he said,
"they were something; she said, I will
"give you half a crown for it; she gave
"him two shillings, observing she had no
"more money about her."
I heard the prisoner say he had sold the bedstead for two shillings to Mrs. Ryan; I went with him to search for some plough irons.
Was the woman there? - Yes.
What did she say? - She made some excuse; she did not buy it of him; and he said, he had two shillings in part, and was to have half a crown.
Mr. Garrow. Did not she say that the man came and offered it to her, and she lent him two shillings upon it till he had fetched the owner, then she was to give him the rest? - I did not hear any thing of the kind; I cannot call to mind any thing of the kind.
Are you sober? - I am very sober.
You found no plough irons? - No.
You found the broken part of the bedstead there? - Yes.
Were there any irons belonging to it? - I do not know.
Do you know what it is worth? - No.
Did the woman deny she gave him two shillings in part? - I believe she did; I do not know whether she did or not: I say she did deny buying of it.
Tell me what she said about it; did not the woman admit that she gave two shillings in part? - I do not remember any thing of it.
Do you remember what she said in answer to that? - She said, she did not buy the bedstead.
Will you venture to swear that she ever said, she gave the man no money? - I do not remember she did.
Did not she say expressly that she had lent him two shillings? - No, she did not; I do not remember it; I cannot remember any thing more than what I have told you.
I went with the constable to search Mrs. Ryan's cellar; we found the bedstead and took it up to the office; the woman swore to it.
Was Ryan there? - She was there at Bow-street office when the bedstead was produced; she was not at home when it was found. (Produced.) She was not at the house when it was found; Sumner was there; and Ryan acknowledged she received the bedstead of him; but whether she gave him the money upon it, or whether she bought it outright, I cannot tell.
Prisoner Sumner. I did not sell the woman the bedstead.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
110. THE said JOHN SUMNER was again indicted for feloniously stealing, on the 30th day of November last, one plough coulter, value 1 s. 3 d. the property of Henry Hutchins :
And BRIDGET RYAN was indicted for feloniously receiving the same knowing them to be stolen .
Court. Did you lose a plough coulter at any time? - Yes; the latter end of November; I did not know how; I missed it on the 2d of December; it was never found.
I saw the man having this plough coulter new laid; he said, he was going to the blacksmith's in Mr. Hutchins's name.
Who is that man? - The prisoner, he told me it was Mr. Hutchins's coulter; I saw him at North End.
Court. Is there any body here that saw the prisoner sign that other confession; what time of day was it? - Between ten and eleven, on Friday the 1st of December.
|Reference Number
|Not Guilty
111. The said JOHN SUMNER was again indicted for feloniously stealing, on the 30th of November last, one plough coulter, value 1 s. and one iron plate, value 6 d. the property of William Coombs :
And BRIDGET RYAN was again indicted for feloniously receiving the same knowing them to be stolen .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > lesser offence
112. THOMAS CLAYTON and DANIEL MERCHANT were indicted for burglariously breaking and entering the dwelling house of Samuel Collins , about the hour of nine in the night of the 9th of November , and feloniously stealing therein, two looking glasses, value 14 s. one tea chest, value 2 s. 6 d. one other tea chest, called a book tea chest, value 1 s. his property .
I live in Broker's-alley, Drury-lane ;
What was in the basket? - Two looking glasses, and one tea chest, my property.
Are you sure they were yours? - Yes; the prisoners were committed.
I bolted the door after I opened it to let my master's mother in; that was between seven and eight; it was bolted and locked before that; it was shut and fastened between seven and eight; every thing was safe in the shop; I saw them close by the door; I am sure I saw them when the shop was shut up; I heard the dog bark in the alley, and my master went down, and then he called me down.
I attend the public office in Hyde-street; the prosecutor brought two boys with a basket, and two looking glasses, and the tea chest; after the examination, me and Treadway went down to see the situation of the place; they are two folding doors; and there is a bolt that slides from one to the other; and just where the bolt is there is the appearance as if something had been forced in like a chissel; he opened it with a knife without side.
(Two glasses and one tea chest deposed to.)
Prisoner. Were these marks on when they were lost, or did you put them on afterwards? - I put that mark on the glasses since.
I picked up the two glasses and the tea chest in the basket; I had been to several places to see for a coach, and I could not get one; and this boy came up.
I was going into King-street for a pair of shoes for my father, and I just met this boy, and that gentleman came and caught us both.
BOTH GUILTY. But not of the burglary .
Each to be transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > theft under 40s; Not Guilty
113. GEORGE STEVENS and JAMES DAY were indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Phillips and Gilbert Harrison , on the 3d day of December , about the hour of seven in the night, and burglariously stealing therein, three cotton gowns, value 2 l. 12 s. a silk gown, value 1 l. 1 s. a damask table cloth, value 6 s. an apron, value 1 s. a small striped muslin apron, value 1 s. a piece of silver coin, value 4 d. a tea-spoon, value 1 s. the property of Gilbert Harrison .
I live in Halfmoon-court, Bartholomew-close , in partnership with Joseph Phillips ; we have the house between us; I have been married to my wife only two months; I did not know what property my wife had; I was at church at the time
I went out at seven o'clock, and my house was safe; I double locked my street door; I only went after eight to put my little boy to bed, and when I came home, my street door was shut on the single lock; I left it double locked, I am sure of it; I attended particularly to it; I was the last person in the house; I went up stairs and saw my room door open, and I went back again.
Had you left that room door shut? - Yes, it was locked, I always lock my room door when I go out; I ran and fetched my husband, and when he returned, he found both our bureaus open, and all the things gone mentioned in the indictment; I saw the things that day about half after four.
Were the drawers locked? - No, I found the cotton gown, one silk gown and a table cloth; Mr. Lucas found them.
Mr. Garrow. Who was first taken into custody about this? - A Jew gentleman, and he gave information against somebody else.
Was not a woman of the name of Mason taken up? - Yes.
When you was first before the Justice, were the prisoners there? - Yes.
Who did the Jew first charge? - I can not tell.
Was not Mason taken up for this thing? - Yes.
I am one of the headboroughs of Clerkenwell parish: on Saturday evening I was informed, and in consequence of that, I called Lucy to my assistance; I went to Saffron-hill, No. 9, to a house kept by a person of the name of Mason; after waiting about the door for ten minutes, we saw Jem Robinson and another man come out of the house; on Mr. Lucy's attempting to seize him, he struck at him and made off; we then got into the house, and found that somebody had got over the wall backwards; we ran to the next door immediately, and got in at that; on going into the yard we found the prisoner George Stevens , and just where he stood there lay a quantity of wearing apparel; Lucy gathered up the things, and I tied George Stevens 's hands; we then went out of the house, and we no sooner came to the door, but George Stevens seemed unwilling to go, and I believe he turned to kick me; I begged him to be quiet, at the same time I received a many violent blows which almost rendered me insensible; after receiving the second or third blow, I turned and saw this James Robinson , I saw him strike; I was overpowered almost with the blows I received, and rendered entirely senseless.
Mr. Garrow. You found Stevens in the yard the next door to Mason's? - Yes.
Who is Mrs. Mason? - I know nothing at all of her, I never saw her before that night; she was taken in custody, not by me, the same night; she was in custody about a week or ten days.
I went to Mason's house on Saffron-hill; I observed James Robinson come out, I immediately endeavoured to apprehend him; he struck at me with a large stick and made his escape; I endeavoured to break open the door of Mason's house, but could not effect it; I looked through the key hole, and I saw Mrs. Mason with a large quantity of linen in her arms, going to the back door, and seemingly throwing it up as if into the next yard.
You saw nobody but Mrs. Mason? - No; we knocked at the next door, and
Mr. Garrow. Mrs. Mason was examined before the Magistrate? - Yes.
How long did she continue in custody? - Near a week; six days I believe.
She is now admitted an evidence for the crown I suppose? - Yes; and she attends here.
What did she say about Stevens when she was first examined? - I cannot positively say.
Do not you remember that she said this, that the prisoner Stevens knew nothing about the things that you had found; that she declared on her oath that he was innocent; and that if they should swear to him it would be taking away his life wrongfully? - I do not recollect that; though I would not venture to say she did not; I believe she was up three times; I think she said the first time she did not know how they came there.
At that time she did not say any thing against him? - No.
She was brought up a second time? - Yes, the second time she said, that Stevens was one.
How long had she laid in custody? - Five days.
The Jew gentleman was already a witness? - Yes.
What is his name? - I really do not know; I believe he was admitted to bail last Wednesday.
Had he made no charge against Mrs. Mason? - No, Sir; he knew nothing of her, nor she of him.
Do you know a woman of the name of Lydia Hall being taken up? - Yes, Sir, she is not here.
Upon whose information was she taken up? - The Jew said, she was present in the room; she was taken in custody and examined and discharged.
Day you apprehended on the description of this honest Jew gentleman? - Yes.
The Monday following the robbery, I was going through Black-boy-alley, and I saw a Jew selling lemons with a bundle; I searched him and found it was a gown.
What have you to say about this robbery at Mr. Harrison's house of linen and wearing apparel about a gown? - I was going past Hall's, I saw Day; I asked for the old woman; at the same time I asked her if she had any thing to sell; she said, yes, I have silk a gown by commission; I asked the price; she asked me a guinea; at last I bought it for fourteen shillings.
Was it worth no more? - No more; I buy it to get something by: I opened the door to go about my business, and an officer stopped me; he asked me, what have you there.
(The gown deposed to by Mrs. Harrison.)
Harrison. I have had it about three or four years; I did not buy it new; I gave forty-five shillings for it.
What may the value of it be now? - It is worth two guineas.
Mr. Garrow. How much did you give for that? - Fourteen shillings.
And so then they napped you, and swore they would hang you? - Yes.
And I dare say they will fulfil their prophecy by you one day or other.
(The tea spoon deposed to by Mrs. Harrison.)
Mrs. Harrison. It has my mark upon it; I have another that corresponds to it.
(The other gowns deposed to.)
Are you a married woman? - No.
How came you to buy these things? - These things the prisoners Stevens, and Robinson and Andrews, otherwise Anderson, brought into my house on Sunday se'night, in the evening, about eight o'clock; they brought them to me to buy.
Do you deal in clothes? - Yes.
Do you usually buy and sell clothes on Sunday? - No, my Lord, I did not buy any before, nor I did not buy these, but I should have bought them if I had not been deterred by the officer; for before I could make the bargain the officers came.
Did you happen to ask where they got them? - No.
That would have been a dangerous question I suppose? - I never bought any thing before of them; they have bought things at my shop.
What sort of a shop do you keep? - A clothes shop, otherwise a sale shop.
Mr. Garrow. You deal wonderfully in alias's, how many names have you besides Mason? - No, more.
Have you always told the same story? - I have.
That you swear positively? - Yes.
And that is as true as any thing else you have been saying? - Yes.
I believe they were wicked enough, these officers that disturbed you, to take you to the Justice's? - They took me there; I told the Justice as near as I could.
Then you was examined the second time, and you told him the same story? - Yes.
Now, upon your oath, the first and second time did not you say that Stevens knew nothing of the matter? - I said no such thing; I never swore any such thing neither on the first or second examination.
You know Mr. Lucy? - Yes.
Lucy She said, if Stevens did not bring them there, she did not know how they came? - I did not say that; I did not know Stevens; I said, that the first time that Stevens was in my house, I did not know that he brought the property.
They did bring it? - I told the Justice that at the first examination.
Court. I shall lay every word that she says out of the case.
GEORGE STEVENS , GUILTY, 39 s.
Transported for seven years .
Tried by the London Jury before Mr. Baron HOTHAM.
|Reference Number
|Guilty > with recommendation
114. JAMES DOBSON was indicted for feloniously secreting, on the 20th of October last, a letter containing a bank note, No. 7553, dated London, 26th of September, 1786, signed William Lander , for the Governor and Company of the Bank of England, payable to Mr. Abraham Newland , or bearer, on demand, for the sum of ten pounds, the propertyIsaac Fawcett ; which came to his hands and possession as a person employed in carrying letters and packets; the said sum of ten pounds being due and unsatisfied on the said bank note to the said Isaac, the proprietor thereof , against the statute.
A second count, For secreting a bank note out of a packet instead of a letter.
A third and fourth counts, For stealing the said letter and bank note.
Counsel for the Crown.
Mr. SOLICITOR GENERAL, Mr. SERJEANT WALKER, Mr. SILVESTER, Mr. FIELDING.
Counsel for the Prisoner.
Mr. PEATT.
(The indictment opened by Mr. Fielding, and the case by Mr. Solicitor General, as follows, viz.)
May it please your Lordship, and you Gentlemen of the Jury: It is necessary for me to state to you, that the indictment now preferred, imputes a crime to the prisoner of the last importance in a country, circumstanced and situated as this is; without a free and uninterrupted circulation of the paper money of this country, in which an infinite proportion of it's property consists, it is evidently clear that trade can no longer exist; and so sensible has the legislature been of this, that for many years last past, they have thought no security could be sufficient against the embezzlement of letters, or bank notes contained therein, excepting the exposing the transgressor to the hazard of his life. Gentlemen, I state thus much to you, God knows not to prejudice the prisoner, or tincture your minds in the smallest degree against him; but to convince you, and every man in this Court, that a frivolous or vexatious prosecution is not laid before you; and that there is public and essential, and material ground for this prosecution: I say this, knowing as I do perfectly well, that no twelve gentlemen of this City can get into that box, without being impressed with a still stronger duty, which is the attention to the interests of their fellow subjects, and fellow creatures: on the one hand therefore, you will be impelled by public necessity; on the other hand you will be impressed by the feelings of men, and from these two contending forces, your judgment I am convinced will go in a strait and right line.
Gentlemen, the unfortunate prisoner was employed as a supernumerary letter carrier , by those whose duty it is to regulate the different departments in the Post-office, in 1786; he was particularly employed to carry letters from the Penny-post office, known by the name of the South Penny-post-office, to the chief Penny-post-office as it is called, which is situate in Throgmorton-street: You may readily conceive the tracing a letter with its contents, from its first outlet, to its last finding and detection, must be a matter dependent on a vast variety of witnesses, and a great number of circumstances: Letters remain but a short time in the hands of any one in their transit from one place to another, and one office to another in London. Gentlemen, on Wednesday, the 18th of October, as dates are extremely material in this case, a gentleman of the name of John Tennant , who is employed by a merchant of this city, by name Mr. Isaac Fawcett , of Pancrass-lane, Bucklersbury, inclosed in a letter, directed to him, sixteen bank notes from Liverpool, amounting altogether to 320 l. one note of 30 l. fourteen of 20 l. and one of 10 l. which is the subject matter of the present indictment: That note, its number, and its date, is material for you to attend to; it was numbered 7553, it is in the usual terms.
"I promise to pay
"to Mr. Abraham Newland , &c. dated
"the 26th of September, 1786, signed
"W. Lander." Mr. Tennant the rider, who so sent this letter from Liverpool, addressed it under the general address of Mr. Isaac Fawcett , merchant, in London; this letter he delivered to a person of the name of Jonathan Hitchin , on the evening of that day, namely on the 18th of October,Isaac Fawcet was sent from the chief Penny-post-office in Throgmorton-street, to the South Penny-post-office, in Southwark, and it is possible he might be induced to this suspicion, because a gentleman of a similar sirname who carries on the distillery business does live in Southwark; he then went to the Penny-post-office in Southwark, there he found that such a letter had arrived, and what is remarkable, that a witness whom I shall call to you of the name of Gibbs, who is a letter carrier and deliverer of letters at Vauxhall, where Mr. Fawcet the distiller lives, happened to checque this letter, and he immediately observed that it was not for Mr. Fawcet of Vauxhall, but in all probability for Mr. Isaac Fawcet of Bucklersbury, and he desired a Mr. Hayward to make a memorandum upon it, and that it might be returned to the Penny-post-office in Throgmorton-street; in this return this crime was committed; Mr. Hayward being so advised to write upon it Pancrass-lane, he did so, and Mr. Gibbs put it into the box to go to the chief Penny-post-office, all the letters so to be returned, being regularly placed in this box for that purpose. Gentlemen, between seven and eight that evening, Mr. Hayward took the letters out, and this letter of Fawcet's, which had now become remarkable; he did in the common course of office tell the number of letters, and the amount of the postage; the number of letters were fifteen, which were so taken out of the return box; the postage was eight shillings and fourpence; he tied them up, and prepared a ticket to go with them, having arranged them according to the usual course of the office, they were ready for the person that was to take them back to the principal office; about eight the same night, the prisoner, whose employment it was to take them back to the principal office, came to the South office, and he took the letters and the ticket to carry to the great Penny-post-office; these letters were delivered by Dobson, all of them, but this one, between eight and nine that night, at the chief office; on the next morning, on looking at these letters, it was found that there was not fifteen but fourteen, and that there was a very considerable difference between the sum that these letters amounted to, and the eight shillings and fourpence charged for postage, for in truth it amounted but to six and twopence, which is two shillings and twopence short of eight shillings and fourpence; on the 31st of October, when all these circumstances were known, the chief letter sorter of the Penny-post-office sent for Gibbs, who checqued this letter as I have mentioned, and the prisoner at the bar were both examined about this matter, that is material
"Mrs. Kinneaman,
"I most humbly obliged to you if would
"put the inclosed into the first Penny-post-office
"as soon as possible, and as in
"duty bound to pray for you." This was directed to a gentleman of the name of Horne, Mrs. Kinneaman knowing the letter to be of the prisoner's hand writing, though there was no signature, she carried this letter immediately to the General-post office, Mr. Horne opened this letter directed to him, and found it contained twelve bank notes, eleven of 20 l. and one of ten; on comparing these notes, there is every reason to apprehend, and good reason will be given to you to believe they are the same notes; from these circumstances it was adverted to where this letter should come from, and finding upon it the Bawtry post mark, the prisoner was traced and apprehended at Lithgow in Scotland; and on his being apprehended, from what motives I do not know, he himself chose to reveal every circumstance of the case; no sort of insinuation, no intimidation whatever was used, but in the same spirit that he returned all these notes, of which probably he had not made any use, in the same spirit it was, that his mind induced him to tell the whole story. Gentlemen, I think I may venture to say, that that will be demonstrated to you as clear as possible; it will be proved to you, that Tennant during his residence at Liverpool, never had in his custody more than four ten pound notes, one was sent to him by a gentleman of this city of the name of Bowman; and he received the other three from Fawcett, and three of those I can assert to you in the most clear and satisfactory manner, three of the thirty bank notes which I have mentioned to you, were ten pound bank notes, the numbers were 7055, dated 9th July, 1785; 1204, dated 7th July, 1786 and the note stated in the indictment 7553, dated the 26th of September, 1786: now, gentlemen, this was on the 12th, that Fawcett forwarded these notes to Liverpool, of course they were there on the 14th, which is material; Mr. Bowman sent on the 6th of September, one ten pound bank note with other notes, the number is 6042, dated 6th of September 1786; these notes sent on the 16th, must have arrived on the 18th; and this sent on the 12th, must have arrived on the 14th; between the 14th and 18th, therefore, Mr. Tennant was in possession of those four bank notes, and those only he will prove to you; and they will be traced, that he paid away three of those bank notes at Liverpool; two on the 16th, therefore these must be two that Mr. Fawcett sent; the other was paid on the 18th, which was the day of its arrival at Liverpool; and the fourth was transmitted to London on the 18th, in the letter to Fawcett; therefore it is clear that three of those notes were not Mr. Fawcett's notes, because you will have the numbers and dates of those three spoken to; and if three were paid away, that one which was not paid away of such a date, must be the one sent to Mr. Fawcett in the letter. Gentlemen, you will see that these two 7055, dated 9th July, 1785, and No. 1204, two of those sent by Fawcet to Tennant of Liverpool, were paid into theJames Annesdale of that place; he paid it to Mr. Medcalf; he gave it to Mr. Vose, another clerk in that house; he entered from the note itself in the bill book a description of the note, in which it will appear to you, that this note was 6042, dated 6th of September, 1786, and is that identical note that was sent by Bowman on the 16th of October down to Liverpool, Gentlemen, the consequence of this deduction will be, that it will be very clearly proved to you that the note of ten pound No. 7553, was that note that was contained in the letter that was so embezzled; you will clearly see that two of these notes sent by Bowman, were paid at Liverpool, came here to the Bank and were there paid in cash; one of them sent by Bowman was also paid at the Bank; then the only remaining one which never was disposed of at Liverpool, or at all, which never has come to the Bank, and been received there, and which never was received by Mr. Fawcett, is the one that is left, therefore must be the fourth note; in as much as only four notes were in Tennant's possession there, and three of them are traced from his hands to their's. Gentlemen, this is the scope of the evidence I have to lay before you; that such letter was put in by Tennant of Liverpool; that such letter did find its way to the Post-office, at Saint Saviour's, Southwark; was observed and noticed, came into the hands of the Post-office; that a letter was missing, and a considerable portion of the total of the sum of the postages short; it will be proved to you, that four notes of ten pounds were in the hands of Tennant of Liverpool; that three of them were there disposed of; and the necessary and the irresistable consequence, is, that the fourth is this ten pound Bank note; if this evidence is proved, I should conceive that there will be but little doubt of your being under the melancholly necessity of finding the prisoner guilty. If you should think upon the whole, that there is not evidence enough to risque the life of a fellow subject; I am sure there is no man if it be done on good grounds (of which I am not aware) that will be more satisfied than I shall be, with the prisoner's acquittal; at the same time I am perfectly convinced that from the materiality of the case in either view of it, you will freely give it that portion of extreme attention which a case of this sort demands at your hands.
Mr. Peatt, Prisoner's Counsel, desired to have the witnesses examined apart, except the gentlemen of the Publick Offices.
Mr. Serjeant Walker. Mr. John Tennant is your rider? - Yes.
And was so last October at Liverpool? - Yes.
When he was there at Liverpool, did you send a letter to him? - Several, about the 11th of October I sent him a letter, with the halves of bank notes to the amount of 1000 l.
How many were there of the value of ten pounds? - Three.
No more? - I believe not.
Do you know the numbers of those notes? - I do not, but they are in the letter book Mr. Tennant's brother has, who copied the notes, he will speak to that; he put in the letter into the Post-office; I sent the remaining halves the next day following.
Mr. Peatt. Did you inclose the notes in the letter yourself? - I did.
Can you tell the numbers of the ten pound bank notes that were sent on the 11th of October, by your master? - I have the copy in this book entered by myself from the notes at the time.
Did you see those notes put into the letter? - I did not; I gave the notes to Mr. Fawcett.
To Fawcett. Those notes that Benjamin Tennant your clerk gave to you, did you put them into cover? - I did all the same, and no more.
To Tennant. How many 10 l. notes were there, give an account of them, and their numbers? - Three 10 l. the first, No. 7055, dated the 9th of July, 1785, No. 7553, the 26th of September, 1786, and No. 1204, the 7th of July, 1786; there were no other 10 l. sent at that time.
Who put the letters in the post? - One of them I did.
Which of them? - I think it was the first; I believe that was it.
Who was it given to you by? - I do not know whether it was given to me, or whether I took it to the Post-office.
Mr. Peatt. Are you sure your master inclosed them? - I am positive.
Did you enter any other bank notes but these? - Not that I recollect.
On the 16th of October, I sent 400 l. worth of bank notes addressed to John Tennant , at the Post-office, Liverpool; he was clerk to Mr. Fawcett; there was one 10 l. bank note, 6042, the 6th of September, 1786.
The only 10 l. note? - I am quite sure of that; there were three 20 l. one 30 l. and one 10 l. and three 100 l. to make up the 400 l.
I am rider to Mr. Isaac Fawcett . I was at Liverpool, on the 12th of October last, I received the halves of 1000 l. bank notes on the 13th, and the remaining halves on the 14th.
Do you recollect how many of 10 l. there was among them? - I have a paper in my pocket upon which I made a memorandum at the time; there were three of ten pounds, No. 7055, 1204, 7553; I did not take the dates, only the numbers.
Did you receive after that on the 18th any more bank notes? - I received 400 l. in bank notes from Mr. John Bowman by post, on the 18th, in which I recollect there was one ten pounds, one thirty pounds, that is all that I recollect about it; I did not take any account of them at the time I received them.
What became of those four 10 l. bank notes? - One I sent by post from Liverpool on the 18th, inclosed in a letter, directed to Mr. Isaac Fawcett , London.
Did you take the number of the note you sent to Mr. Isaac Fawcett ? - I have a note that corresponds with the number; the three others I paid, one away to Messrs. Annesdale and Son, and the two others to Mr. John Fisher .
Did you take the number of those notes? - No, I did not; I paid Mr. James Annesdale , one on the 18th, and I believe it was the 16th I paid the two to Fisher, but I am not quite positive about it, I believe it to be so.
I belong to the Bank in the cash book office.
Have you an entry of the two bank notes of the number of 7055, and 1204? - I have.
What are the dates of them? - The 9th of July, 1785, and the 7th of July, 1786; they are two 10 l. bank notes; I entered them myself as cancelled, on the 18th of October; the notes are here.
Court. Might it not be a note of that number, dated the 7th of July, 1785, or any other year? - It might; our notes are out many years sometimes; it came in with a parcel of seventeen, and was on the file with them; Mr. Pitt who is here, took them off the file, and gave them to me; I was not present.
Did you take these bank notes off the
Mr. Peatt. How many people have access to them besides yourself? - A great number.
Is it not possible that any person might take these notes off in the order they stood, and misplace any particular note, and put them on again in the same order? - I do not think they could.
They may do it; it is possible to take the notes so off without detection, as many persons have access to them? - There are two librarians; I am one of them; there is no person has any access to the notes but myself and the other person, it is impossible for any of the clerks to do it.
It is not within your knowledge what your colleague does? - I only answer for myself, but I think it an utter impossibility for any person to do such a thing; I never knew the notes deranged.
I received four bank notes from Mr. John Tennant ; I do not remember the numbers; I paid them to Mr. Medcalf; there were a 500 l. a 200 l. a 100 l. and a 10 l. there was only one 10 l. bank note; I paid the same identical notes to Mr. Medcalf.
I am one of the clerks at Messrs. Clark and Co. at Liverpool: On the 18th of October last, I received 810 l. in bank notes from Mr. Annesdale; I put down each note in his banking book; there were a 500 l. a 200 l. a 100 l. and a 10 l. I put them forwards to the clerk who copies he notes in the bill book.
I am one of the clerks of Messrs. Clark and Co's house: On the 18th of October, I recollect some notes being handed to me from Mr. Medcalf; this is my book, entered by myself at the time; the sum was 810 l. they were received from James Annesdale and Son; they were bank notes, one of 500 l. 200 l. 100 l. and a 10 l.
Describe the 10 l. note? - Dated the 6th of September, 1786, No. 6042.
Court to John Tennant . You did business for some other people as well as for Mr. Fawcett? - Yes, I did.
In four days, from the 14th to the 18th, do you recollect distinctly all the bank notes that passed through your hands? - No, I do not recollect distinctly; I recollect the sums that I received in all while I was at Liverpool; 4500 l. in bank notes; and that on the 13th and 14th, I received the halves of 1000 l.
But now can you say whether you might receive any other 10 l. bank note from any other person? - I am sure I received no other bank note of 10 l. 20 l. or 30 l. but those that I received from Mr. Fawcett, and one I received from Mr. Bowman.
Had you no occassion in the course of your business to change large notes into smaller ones? - I had not, I had only three people to pay in Liverpool.
And can you undertake to say with certainty that there was no bank note for 10 l. in your possession at that time? - There was not.
Are you quite clear in that? - I am sure of that.
Are you sure you had no note of 10 l. in your possession before you received that? - I am sure I had no bank note at all in my possession when I received that.
Can you undertake to say with certainty, whether you received, or had in your possession any other bank notes but those, between the 13th and the 18th? - Yes, I had some other bank notes, but no bank notes of 10 l. till the 18th, then I received one from Mr. Bowman, and I did not on that day receive any other note for 10 l. I am sure of that; on the 13th I had no note for for 10 l. and from that time, till I sent the letter on the 18th, I had none but the four I have mentioned.
Mr. Peatt. Did you enter all you received? - I did not.
You speak then from your memory? - I do.
JOSEPH RUDDICK sworn.
I am employed in the Post-office; I know of the Liverpool bag coming to the Post-office; it came safe as usual; I have the bill in my pocket; they were sent off on the 18th, and came safe on the 20th.
Court to Fawcett. Where is your house in London? - In Pancrass-lane, Bucklersbury.
Did you receive a letter on the 20th of October, from John Tennant , at Liverpool? - I did not.
Did you ever receive that letter with the bank notes? - No.
Court to J. Tennant. Did you put the letter in the Post-office yourself? - No, I gave it to Jonathan Hitchen to put it in.
I was at Liverpool on the 18th of October, I received a letter from Mr. Tennant, on the 18th of October I put it into the post office directed to Mr. Isaac Fawcett , merchant, London, that was the letter I received from Mr. John Tennant , and I put it into the post.
I am a messenger in the South penny-post-office, in Saint Saviour's church yard.
Have you a memory of what passed on the 20th of October, between twelve and one? - Yes.
What letters were brought to that office at that time, and from whence did they come? - Some letters were brought from the office in Throgmorton-street to our office at that time; about half past twelve we always sort them off, I was employed in sorting them off.
Did you see any letters there directed to Mr. Fawcett? - Yes, there was a letter directed to Mr. Isaac Fawcett , merchant, London.
What was done with that letter? - I put it in among the rest, I took notice of it because it was directed to London, which is not on that side of the water, and I sorted it to my myself in order to return it, I shewed it to the man that brought it, and desired my assistant to write upon it Pancrass-lane, I happened to know where Mr. Isaac Fawcett lived, I have returned letters before for him, for there is a gentleman that lives at Vauxhall; I put it into the returned box myself.
What became of these letters that were so put in? - I believe they lay there till after seven o'clock, I had no more to do with them then.
Do you know the prisoner? - Yes, he was employed in the post office.
In what capacity? - As a messenger and a letter carrier.
What became of those letters that you put into the return box? - I cannot tell what became of them during the time I was on my walk, I put them into the box at two o'clock, and there left them.
Mr. Peatt. Between twelve and one o'clock you saw this letter, and desired the other clerk to put an additional direction upon it? - Yes.
Court. Did you perceive from the bulk or charge of that letter, that it contained any inclosure? - It was a large letter.
Mr. Peatt. Then, when you tell the Court that they remained there till after seven o'clock, you only speak as to the usual course of business? - Yes.
Did you see or know any more of them after you put them into the return box? - No, Sir.
I suppose that box is open to all the clerks in the office? - Yes.
Mr. Solicitor General. What time did you leave the office? - About two.
HAYWARD sworn.
I am principal Clerk in the South office in the Borough; I remember the last witness, about two, shewed me a letter charged two shillings, directed to Isaac Fawcett , merchant, London; he desired me to write upon it Pancrass-lane, as he knew he lived there, for he had had some before of the same gentleman's letters, which were wrong sorted to that office, I wrote upon it Pancrass-lane, I then returned it to John Gibbs , it was my business in the evening to send these letters away to the
"fifteen, price eight shillings and four-pence." I tied them up with a piece of packthread; and put them into the chief office letter-box, in order to return them to the chief office. About eight the carrier came, this letter was charged two shillings, I am sure it was one of the fifteen, I am sure it was there.
Who are these letters delivered to? - I delivered them to James Dobson , the prisoner at the bar.
Where was he to carry them to? - The chief office, in Throgmorton-street, he had a ticket with them, I have the ticket in my pocket.
Mr. Peatt. Between the time you put them into the chief letter-box, and the time you delivered them to the prisoner, what time might elapse? - About half an hour, I did not examine them afterwards, I was at the desk all the time, there was nobody in the office except a Gentleman who happened to come in with a letter.
How might you sit with respect to that box? - I sat at the side of the box.
Was it possible for any person to have gone to that letter box without your observation? - No, Sir, it was in the middle of the range of boxes.
When you delivered the parcel to the prisoner at the bar, can you take upon you to say that that letter was in the bundle? - Yes, Sir.
Was it the outside letter? - It was the next but one.
Did you lift up the outer letter and look at the second letter in the bundle? - It was the back letter.
Did you examine that particular letter whether it was in the bundle? - I did not when I delivered it to the prisoner.
Mr. Solicitor. If any body had taken it out you must have seen them? - I must.
I am clerk to the chief Penny-post-office in Throgmorton-street? - I was there on Friday the 20th of October; the prisoner brought the letters from the South office about half after eight; he emptied them down on a board before me.
Mr. Peatt. Were there many persons in the office besides you when he emptied them out? - I believe there was.
What time does the office shut up? - Not till ten; I staid there all night; I slept there.
I belong to the Penny-post-office, Throgmorton-street; I remember the prisoner coming on Friday the 20th of October, from the South office, at eight o'clock; they are thrown out on a board; I took them from the prisoner; I put all the returns into Mr. Butt's desk.
Mr. Peatt. Are you sure it was the returned letters you put into Mr. Butt's desk? - Yes; I put in no others but the returns.
I am clerk to the chief Penny-post-office in Throgmorton-street; the returned letters are put into my desk; I examined these letters that were returned from the South office, the 20th of October; on the 21st they were fourteen in number, and the postage amounted to six shillings and twopence; and they were marked from Mr. Hayward himself, at the South office, fifteen letters, eight shillings and fourpence; there was two shillings and twopence short; I returned the letters back to rectify that mistake; and they found out the twopence, but could not find out the two shillings; there was an error of twopence.
Mr. Peatt. From the time that these letters that came from the South office were tumbled down upon the table, to the time of the office shutting up, how long might it be? - I cannot tell; I do not know; I
How long does your office remain open in an evening? - It used to be open till ten, but now it is shut up some time before.
Your box where these letters are put into, is it a lock box or an open box? - An open box.
It is open to any person that chooses to resort to it? - There was no lock and key; there is a place in the office that is partitioned off, so that every letter carrier may have access to it, but he has no business to go.
But a person being so disposed might go and examine those letters if they please? - Certainly.
Might strangers who come in with letters? - I do not imagine they might; but the carriers may go there if they choose it.
Court. Did you find them all in a bundle together in the morning? - I found them tied up as usual, with a ticket which I have now, and the string.
I am the principal sorter in the general Penny-post-office, in Throgmorton-street .
Had you any conversation with the prisoner on the 31st of October last? - When I found that this letter had got into the Penny-post-office, and was missing; which I was first informed of a day or two before the 31st: Mr. Fawcet's clerk called upon me; I sent for Mr. Hayward, the clerk of the South office, and I sent for Mr. Dobson the prisoner, and told them there was such a letter missing, and examined them both; Mr. Hayward said, he dispatched Dobson at eight from the South office with a bundle of returned letters, and this letter to Mr. Fawcet, upon which he had written Pancrass-lane; the prisoner declared he received these letters from Mr. Hayward, brought them to the chief office, and there delivered them on the desk; the usual place where the general letters, and Penny-post-letters are emptied; I told the prisoner it was a very serious business, and if he knew any thing of it, it would be better to say something; he declared he knew nothing of the letter being missing, but that he delivered them sound and safe, as he received them from Mr. Hayward.
Did the prisoner or not attend his duty the following day, the 1st of November? - He was not on duty after the 31st of October.
Did you make any enquiry after him in consequence of finding him not on his duty? - I did not go myself.
Did you receive any letters from a woman? - On Saturday, the 4th of November, I was sent for over to the Secretary's office, there I found a Mr. Kinneaman, who produced a packet before Mr. Beazley, one of the clerks in that office, and in that packet there was a letter addressed to me.
Was there any thing written in the letter addressed to you? - Nothing.
What was contained in it? - Upon the receiving that letter, I imagined from the direction of it, it was Dobson's hand writing; the letter contained several bank notes, and one 10 l. bank note, all of which I indorsed with my own name. (Looks at the bank notes.) This is the cover that contained them, and this is the ten pound note that was in that cover.
Are you acquainted with Dobson's hand writing? - I have seen him write, and I believe this direction upon this cover to be his hand writing.
(The note read.)
"No. 7553, I promise to pay to Mr.
" Abraham Newland , or bearer, the sum
"of ten pounds; London, the 26th of
"September, 1786, for the Governor and
"Company of the Bank of England;
(The cover read.)
"Mr. Horne, No. 37, Throgmorton-street." This I believe to be the prisoner's hand writing.
Look at the inside, do you believe that to be his hand writing? - Yes, I do;
"Mr. Kinneaman, No. 4, Colchester-street,
(The letter read as in the opening.)
I know the prisoner very well; I have known him for some months past; he and his wife lodged at my house two months or longer.
Look at those two papers, are they the prisoner's hand writing? - I cannot positively swear to the hand writing, because I never saw him write at any time.
Did you receive that letter? - Yes; I received it on the 4th of November; there was an inclosure to Mr. Horne of Throgmorton-street; my husband carried them up to the Post-office by the advice of a friend; the outside cover was directed to Mr. Horne; the second letter I received on the 14th or 16th of November.
To Horne. Look at this letter and tell us whether it is the prisoner's hand writing? - I never saw this letter before, but I believe it is the hand writing of Mr. Dobson.
Mr. KINNEAMAN sworn.
My wife received a letter directed to Mr. Horne; I took it to him.
(The second letter read.)
"Dear Mrs. Kinneaman, November
"the 9th, 1786, Belcour castle. This is
"to beg of you, that you will give my father
"the inclosed, and tell him to send
"me the china and the teaboard, and to
"get my bible and shoes, and every thing
"that I left, and send them down by sea,
"and direct to be left till called for at
"Leith, and send word what ship they
"come by; dear Mrs. Kinneaman, I beg
"of you, you will not disclose where I am,
"at any time; Kesia and me join in our
"prayers for you; so we shall ever remain
"Please to direct to Kesia Brifford ."
To Mrs. Kinneaman. Do you know the name of his wife before she was married? Kesia Brifford .
I am one of the cashiers of the Bank.
Look at that note and see whether it is your hand writing? - I believe it is.
Look at the Ab. Newland?
What is his Christian name? - Abraham.
The prisoner was brought before you? - He was.
Was there any species of inducement, any promise, any intimation made use of before the confession he made, was it perfectly voluntary? - Perfectly so.
Mr. Peatt. It may perhaps be extremely unnecessary for me to trouble you; was Mr. Horne present when this examination took place? - I think not; there was not the least intimation, or promise, or threat in the world; I never saw a man so overwhelmed with his guilt in my life; he was ready to tell the most minute circumstance.
(The confession read.)
Middlesex to wit. The 29th of November, 1786.
"The examinant says, that
"about the beginning of June or July last,
"being employed in the Penny-post-office,
"in Throgmorton-street, he absconded
"on Tuesday the 31st of October last;
"that on a Friday before he quitted his
"said employment, bringing the letters
"from St. Mary Overs he took out a letter,
"the seals of which were broke; and
"on opening the same, he found it contained
"a number of bank notes; that
"he put them into his waistcoat pocket,
"and did not deliver them; he was in the
"city of London; and as he was in Clement's-lane,
"on the 31st of October last,
"Throgmorton-street, he received a note
"from Mr. Horne, desiring him to go to
"him, which he did; when Horne questioned
"him; and this examinant at that
"time denied knowing any thing about
"them; that at eight in the evening, on
"the same Tuesday, he set off for Edinburgh,
"in the stage coach; and further
"saith, that a few days after he took the
"said notes, he went to a clothes shop in
"Rosemary-lane, where he bought the blue
"coat he has on, and the coat and breeches
"now produced; that he gave between
"three and four pounds for them; that he
"gave the twenty pounds note to the man,
"and gave three other notes; that when
"he got to Bawtry, in his way to Edinburgh,
"he put all the other notes into a
"cover, and directed to Mr. Horne, and
"directed it to Mrs. Kinneaman; he
"says further, that he gave the letter so
"directed to Mr. Kinneaman, after he
"had sealed it, to the waiter of the Inn,
"which he believes was put into the post;
"that the covers and the notes are the
"same he sent from Bawtry. Signed James
Mr. Peatt, to Lander. In the many forgeries that happened on the Bank, did it ever happen to you to see your name forged? - Yes, Sir.
Pray was any of them so well done that independent of your knowledge of the paper and other things, you could not know it from your own hand writing? - No, I think upon an examination I could always find out the forgery.
Prisoner. I leave it to my counsel.
I have known the prisoner two years; he lodged with me; he had a very good character; always behaved very well.
I am a serjeant in the 3d regiment of foot guards; I know the prisoner; he behaved remarkably well as a soldier; I never knew any thing to the contrary but of his being a very honest good man.
I am a serjeant in the 3d regiment of foot guards; the prisoner was a soldier there; he behaved very well for three years; he had the character of an honest man.
GUILTY, Death .
He was humbly recommended to his Majesty's mercy by the Jury .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Guilty > lesser offence
115. JAMES NASH was indicted for feloniously assaulting Samuel Evans , on the King's highway, on the 28th day of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, five linen shirts, value 10 s. two shifts, value 4 s. three neckcloths, value 2 s. 6 d. the property of - Davis ; one flannel petticoat, value 1 s. two shifts, value 3 s. three handkerchiefs, value 1 s. one pair of pockets, value 18 d. one night cap, value 4 d. the property of Susannah Mary Whitnell .
What will happen to you if you do not speak the truth? - If I do not speak the truth I must go to hell.
Do you know that you are liable to be punished here as well as hereafter? - Yes.
On the 28th of November, I was carrying linen belonging to Mrs. Whitnell and Mr. Davis; Mrs. Whitnell delivered the linen to me; I received it at six in the evening; I received Davis's first; I carried the linen to King-street , and at the corner of King-street the man snatched the bundle out of my hand, and ran up King-street.
Did he do nothing to you but snatch the bundle? - No, Sir.
He did not touch you? - No.
Did you see him before he snatched it?
Mr. Garrow. You had nothing of your own that these bundles were put into? - There was a towel of my mother's; Mrs. Whitnell used to have her linen put in it.
You do not know what linen there was in it? - No, the maid is here that delivered them to me, and looked them up; there was nobody ran after him but myself; the gentleman that stopped him was coming out of doors.
A WITNESS sworn.
I was standing at my door; I heard the cry of stop thief; I pursued this man and took him.
Who was following him? - A little boy with a bundle; when he came up, he said, this is the man; there was no one following him; I did see the bundle when the little boy took it up: I took the prisoner opposite to the Buffalo tavern; I had the man in my possession when the boy came up.
I came out of my shop door, and I heard the cry of stop thief; and I saw the last witness with the prisoner in his possession, he told me to assist him in carrying him to the Justice; I know nothing more.
I delivered some linen to be washed to this little lad.
What linen was it? - Five shirts, two shifts, three neckcloths.
Whose property were they? - The property of James Davis .
These things were brought with the prisoner to the office, and they were put in my care; they were brought by the boy ; they have been in my possession ever since.
(The shirts deposed to.)
Buxton. I can swear to the sleeves and the iron moulds.
The little boy used to bring the linen to me to wash; it was not brought to me as I expected; I know Mrs. Whitnell's things; I know them by being marked with oilet holes at the bosom; I have washed for her these ten years; here are two petticoats; I know them by the bindings.
PRISONER's DEFENCE.
I am a stranger to this town; my mistress was very ill the night the robbery was committed; I was going to Oxford-road; I followed the cry up King-street, and the witness laid hold of me; the boy came up in about two minutes, and said I was the person, but he could not swear to me, only that I had a whitish coat on.
GUILTY Of stealing, but not violently .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
116. THOMAS JEFFRIES was indicted for feloniously stealing, on the 6th day of September last, one watch, inside case and outside case silver, value 30 s. a steel chain, value 2 d. the property of John Clifton .
- DOWLEY sworn.
I am a servant to Mr. Cooper, a pawnbroker, in Wych street; on the 6th of September, about two in the afternoon, John Clifton , a hair-dresser , came to our shop, and said, he had lost his watch; maker's name and number, John Chivers , No. 1483.
Did you know the prisoner? - No, I do not recollect seeing him before.
I think he was not out of your custody from the time he came into your shop? - No, my Lord; this is the watch.
I am a hair-dresser; I live in St. Martin's-le-grand ; this is my watch, and not my chain; I forgot the number of the watch.
Do you remember the maker's name? - I think it was Chivers.
How long have you had that watch? - About six or seven years.
Did you wear it constantly? - No; I sometimes wore it, and sometimes left it upon the mantle piece.
Did you lose your watch any time in September? - Yes, I missed it in September.
What day, do you recollect? - No, I do not; I believe it was in the beginning of September.
Where did you miss it from? - I did not miss it; it was my maid that missed it; a gentleman came to take the lodgings, and after he was gone about a quarter of an hour, she missed the watch off the mantle piece, she told me.
Had you seen it there? - Not that day.
How long before? - I really cannot recollect how long before.
Did you usually leave it there? - No, I did not make a practice of it.
Did you at any time leave it there? - Yes, several times.
In what room was it? - In the dining room.
Did you know the number of it at that time? - Yes, I think I did at that time.
How long have you known the number of it? - I really cannot say how long; I put the number upon a bit of paper since this happened.
What have you done with that bit of paper? - I was looking for it, but I could not find it.
As soon as you missed it what did you do? - I went to Sir Sampson Wright's.
Did you go to the last witness? - I went to several pawnbrokers, and among them to Mr. Cooper's in Wych-street.
At what time did you go to him? - I believe it was about three the same day.
Did you tell him the number and name? - Yes, I believe I did.
What sort of a chain had it then? - It had a steel chain.
When was you sent for again by Mr. Cooper? - I cannot tell when it was; I was sent for the same day in the evening; I first called at his shop and then went up to Bow-street, there I saw a person that was detected of taking the watch.
Is that the person that was in custody? - I really cannot tell you; if it is him he is very much altered indeed.
Then you do not mean to swear to the man? - No.
Then you never saw the prisoner before? - Not to my knowledge.
Have you seen him since he has been in custody? - Yes.
How came you for to see him? - He sent for me to let me know about his friends.
When was that? - About two or three days after it happened.
Was he then so altered that you did not know him? - No, he was not so altered then; there is a great deal of difference now.
Do you know the watch enough to swear to it? - No.
Court to Jury. Gentlemen, upon this evidence I think I need not call the prisoner on his defence; you are to deliver
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
Court to Clifton. I said to the Jury that the evidence you have just given was between God and your own conscience; the man is acquitted by the laws of his country; but as to you, it is impossible but any man that has heard your evidence must be of opinion that you have now in a very gross and scandalous manner concealed a fact that you might and ought to have proved against the prisoner; it is impossible not to see that you have sworn in the manner you have done, in order that he may evade the justice of his country; he has evaded it by your means; I hope that escape will induce him to lead a better life hereafter; but as to you, you have most scandalously transgressed the laws of your country, in giving the very prevaricating evidence you have done; it is impossible to believe that you could so suddenly forget the man you saw in custody, or the number of your own watch, when you did know it immediately on your loss, and when your passions were warm, you then went to the pawnbroker's, and told him what the watch was; at that time you had had no conversation with the prisoner; since that you have been bought off to enable him to evade justice; and you will now go home with the mortification of having been thus disgraced in the eyes of your country, and of having committed a gross offence in the eyes of God; therefore go and make your peace with him for your conduct to day.
Court to Pawnbroker. Who has the watch? - I have it.
Court. Then keep it; it does not belong to the prosecutor.
|Reference Number
|Corporal > whipping
117. JAMES COBLEY was indicted for feloniously stealing, on the 31st of October last, thirty-six pounds weight of lead, value 3 s. the property of Messrs. Calvert and Co.
Whipped .
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
118. ARTHUR DONALDSON was indicted for feloniously stealing, on the 5th day of September last, one great coat, value 20 s. a silk waistcoat, value 3 s. one pair of velvet breeches, value 12 s. the property of James Moore ; a cloth coat, value 12 s. a waistcoat, value 6 s. a pair of breeches, value 3 s. the property of William Magg , in the dwelling-house of James Martin .
I lost my clothes; they were hanging on a nail in my room, on the 4th of December, between five and six; and on the Thursday night following he absconded from his lodgings. I saw my clothes at dinner time; the room was locked, but I left the key in the door. I have lodged in the house of James Martin three years; the prisoner had lodged there a fortnight; he lodged the next room to me. I saw him at dinner time that day; he went out after dinner time; I cannot tell what time; nothing was found; only a knee-buckle and a knife, that I am certain were in my coat pocket, they were found in the landlady's room in a pair of breeches of the prisoner, which he left there the night before he went away.
How do you know those breeches belonged to the prisoner? - I have seen him two or three days before he went away, and he owned them to be his. He absconded on the Tuesday night. I lost these things; they were found on the Tuesday night. Between eight and nine I met him in Holborn; he passed me; I thought it was the same, and I followed him back, and I saw it was him, and I collared him, and charged him with the robbery; he said, by heavens, I should not hold him; I told him, that hold him I should. When I charged him with the robbery, he said he heard I had lost some clothes: I said, how came you to hear that, when you have never been at the place since? I took him back to my lodgings again, and sent for this constable, and sent him to the round-house.
Prisoner. What time did you leave off work on the Tuesday night? - About eight.
Was you from your lodging from the time you dined till you left off work? - As soon as I got my dinner, about half after one. I was not at home from that time. I came home at eight.
The prisoner lodged with me about a fortnight;
How far off? - Not above ten yards. I went up stairs, and all the things were gone; two coats, two waistcoats, and two pair of breeches; one belonged to James Moore , and the other to William Magg ; the door opens with a spring lock, and nobody came in but him; and nobody can come in without I let them in; there was nobody in the house but a sick man.
Why did you not call, stop thief, when you saw him going off with a bundle? - I did call after him, but I could get nobody to stop him: he made no answer: our court is a very dark place.
Are you sure it was him that you saw with the bundle? - I am sure it was.
What became of the candle you lent him to go up stairs with? - He left it on the stairs.
Burning or out? - Out.
Did he leave any thing of his own behind? - Only these old breeches; he left them in my room.
Did he take any thing out of your room? - No, Sir.
Then how came he to leave the breeches there? - I do not know.
Can you account for his leaving his breeches in your room? - No, I cannot.
Was there any thing in the pockets of them? - This knife and buckle were in the pockets of them.
Where was your husband at this time? - He was at work.
What became of the knife and the buckle? - The constable has got them.
Prisoner. Had not I a pair of white cassimere breeches in my hand, and a candle lighted? - No, he had not.
Did not I give them to the young woman, as they were broke at the knees, and desire her to mend them? - No.
Court. Was there a young woman there? - Yes; she just came in, and went out again.
Did any thing of this pass? - No.
I lost my clothes the same night I was at work. I knew nothing of it till I returned from work.
On the 7th of November, between eight and nine, I was at the Rose and Crown, and Mrs. Martin came in there, and said, they had got a thief, and asked Mrs. Monk, if she knew where the constable lived; she told him, I was one. I went with the prosecutor, and he charged me with the prisoner; there was Mr. Moore, Mr. Magg, Mrs. Martin, and her husband. I took him to the round-house; I did not search him; the next morning I brought him up to Justice Walker's in Hyde-street, and I received this property: it is a pair of whitish breeches, part of a knife, and a knee buckle. I have had them ever since.
Court to Mrs. Martin. Whereabouts did you find these breeches laying? - On a table in my room.
(The knife and buckle handed to the Court.)
Had he those breeches on that very afternoon? - Yes, he had; the knife belongs to me; I lent it to James Moore to mend a pen with the Sunday before, and he put it into his great coat pocket; it was broke then.
James Moore . I am sure these things were in my great coat pocket; I felt them there at dinner time before the things were lost.
How came you to feel in your great coat pocket? - Because I went up to feel for some money.
What sort of a knife was it? - It was a small knife, the blade was not so long as the handle.
Was it as it is now? - It was a sharp pointed one before it was broke, it has been broke near a month.
What sort of knee-buckle was this? - It was a steel buckle, I lost the fellow to it.
Will you swear to that steel knee-buckle? - I can swear to it by a notch in the rim, which was there when I bought it, it always used to prick my fingers when I used it.
When was that notch made there? - It was there when I bought it.
Whereabouts was the notch in the rim? - Near the middle.
Look at them and see if you can swear to them? - I know them, I am sure they are the same that were in my coat pocket.
PRISONER's DEFENCE.
These knee-buckles were mine for six months, I had them in a pair of breeches which I had from my last master, I never took out the buckles. The Justice asked all her lodgers if we had any dispute from the time of coming there, they said we had not; she said she had a dispute against me on account that I spoke indifferently of her coming on board a ship; says the Justice dismiss this man, here is spight and malice, she has changed these things out of the man's breeches, the reason of my leaving the lodgings, was, there was a young man a hair dresser, who had some stockings of mine, and I went in pursuit of him, I staid there till pretty near day light, and I went to a night-house in Piccadilly.
Is this young woman here that you gave the breeches to, to mend? - No.
Have you any witnesses? - No.
Court to Moore. What were the things worth that you lost? - The coat cost thirty shillings, the waistcoat fifteen shillings; and the breeches five shillings. I had not worn the breeches much.
Tried by the first Middlesex Jury, before Mr. RECORDER.
|Reference Number
|Not Guilty
119. SARAH, the wife of ABEL DRUDGE , and MARY CLARK were indicted for feloniously stealing, on the 14th of December last, nine yards of muslin, value 20 s. the property of John Wiltshire , and William Marriott , privily in their shop .
I am shopman to Messrs. Wiltshire and Marriott, the prisoners came into the shop and asked to look at some muslin, I shewed them several pieces, and they could not find any that would suit them till they had tumbled several pieces, then they went out and did not buy any; after they had gone out I observed a piece of muslin was wanting, and I immediately pursued them and brought them back into the shop, and examined them, and a piece of muslin dropped from one of them, but I did not see it drop, they said they knew nothing about it, they were taken into custody.
Did you see them take the muslin at all? - No, not at all.
You did not suspect them before they went out? - No.
Are you sure these are the young women that were in the shop? - Yes.
Mr. Garrow, Prisoner's Counsel. Mr. Dawson, which of these women was it that bargained with you? - Sarah Drudge .
They went out of the shop? - Yes.
Did not she say this to you, Sir, in your confusion among the number of things you tumbled over, probably you may have overlooked it, look among them and see if you cannot find it? - No.
Do you mean to swear that she did not say so? - I will swear that I do not know that she did.
Will you swear that she did not say so? - No, I will not.
Did she not say so? - I do not know that she did.
Will you swear that you did not? - No, I will not swear that neither.
Will you swear that you did not look among these pieces, and search for this piece? - I do not know whether I did or not.
Court. Do not answer hastily, but recollect whether you did not look among the pieces after they came into the shop? - I believe I put up some of the things after she went out of the shop.
That is not the question you know; after she came back, and you had searched her, did not you look over the muslins for that piece? - No, I did not.
That you swear positively? - I think I did not, I believe some of the men of the shop did.
Which of the men did? - Mathew Coleman .
Is he here? - No.
Who else was in the shop? - Thomas James .
Upon your oath, Sir, did not James say to you, while you was tumbling them over, why Dawson did not you see her drop it? - To which you answered no; and did not he say, good God, then you must have been blind, for I saw her distinctly? - No, I do not remember any such thing.
Will you swear you did not? - Yes, I will, I did not hear any such thing, I do not remember his saying, I must be blind if I did not see it, I do not remember that he asked me whether I saw her drop it.
Did not this man Coleman come to your counter to look over your things? - He did look over them, that I am sure of.
Is yours a good large shop? - Yes.
Was any body else in the shop? - Nobody else.
How much was there of the muslin? - Nine yards.
Not wrapped up close? - No, not very close.
I am one of the shopmen of Messrs. Wiltshire and Marriott. I was in the shop when the prisoners came in, they asked to look at some muslins; and they were shewn them by Mr. Dawson; and none would do, they went out, and he went out at another door, he said they had taken a piece of muslin, and asked them to come back, and they came back, and he went before them into the back shop, and he said they had a piece of muslin, and they said no, they came back willingly; and whilst he was going to search them, I was behind, and Sarah Drudge threw a piece of muslin from under her cloak.
Did you see her drop it from her clothes? - I saw it drop, I was close behind her.
Are you quite clear that you saw it drop? - I am very sure.
How near did it drop to the counter? - Very near the counter.
Was that the same counter where the muslins lay? - The same counter.
Are you quite sure you saw it drop from her? - I am quite sure, there was one end of the muslin in a little place in the counter, she tried to throw it in a hole that was in the counter.
Are you quite sure it could not drop from the counter? - I am quite sure it did not.
Mr. Garrow. Mr. James, did you take the trouble to go before the Justice? - Not that evening.
How happened that? - I was busy in the shop.
You are not busy now? - We are pretty middling; but our governors were not at home.
So your governors are at home now? - Yes; I stood behind.
There was a little hole in the counter? - Yes.
So the woman dropped it there from the front? - Yes.
You stood behind? - Yes.
And you saw it better than Dawson? - He might have looked.
When you saw this drop, how was your friend Mr. Dawson employed? - I cannot say.
Was not he tumbling the muslins over,
Did not Drudge say, look on the counter, probably you may have overlooked it in the number of things you have tumbled over, look among them and see if you cannot find it? - I did not hear that.
Had not Mr. Dawson searched Sarah Drudge when she had dropped it? - He was going to begin.
Why he has told us he had searched her? He had begun when she threw it down.
Do you mean to swear Sir, that he had searched her? - He had begun to search her.
Will you tell us what you call an incipient searching, and what you call a compleat searching? - I never searched one, I do not know whether he did or not compleatly, I was behind them; and he was in the back shop, I know he had began.
What had he done towards searching her? - She opened her cloak, and that was the time I saw the muslin going down from her.
Had not Dawson compleated his search? - I do not know he had.
You do not mean to say he had not? - No.
Now Mr. James this was nine yards? - Yes.
Not made up close? - It was made up as muslins are, it was close out of the piece, it was not open from one end to the other.
Was it not open? - It might have been open.
Was not it loose when it fell on the ground? - It was not loose.
Was it folded tight? - As muslins are, just as we put them up in paper.
Upon your oath at the time this was picked up from the ground, had it not been opened, or was it close and firm? - It was rather close.
How long have you been a linen draper? - Four or five years.
Did you say to your friend Dawson, did not you see her drop it down on the ground, if you did not you must be blind, for I saw it distinctly? - I do not remember saying so, I do not recollect it, I was not before the Justice till I went to the Grand Jury.
Why did not you go before the Justice? - I was very busy in the shop, I thought it was of no consequence.
Court. Did you see either of these women take the muslin? - I did not.
Who else was in the shop? - Another young man.
What is his name? - Coleman.
Is he here? - No.
There was nobody but you three in the shop at the time? - No.
Was the muslin in the usual folds? - I have it in my pocket, it was just as it is now (Produced.) This is the piece of muslin that is my masters property, I gave it to Dawson.
Dawson. It is the same piece, it is my masters property.
Mr. Garrow to Dawson. Did Drudge tell you what she wanted this linen for? - No
Did not she say the wanted it for baby linen? - No.
When the gentleman called me in, I said I was very willing to go back; and Mr. Dawson said he did not see me drop it.
I have nothing to say.
Court to James. Do you remember Coleman turning over the muslins on the counter after the prisoners returned, looking for it? - No, I did not see him, he might, I was serving a customer at the other end of the shop, he might look them over, I did not see him.
Did you see him or did you not? - No, I did not.
Can you say then whether this piece did not drop from the counter where it was laying, did she not stand so near the counter that her cloak touched the counter? - I believe she did, she had a loose cloak on, she stood quite close to the counter.
Then can you undertake to say, that as she stood so very near the counter, the muslin
Court to Dawson. What is the value of the muslin? - Two guineas and nine pence is the prime cost.
The prisoner Drudge called two witnesses, who gave her a good character.
The prisoner Clark called two witnesses, who gave her a good character.
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty; Not Guilty
120. THOMAS HOBSON , JONATHAN BLYTHE and THOMAS RICHMOND were indicted for feloniously stealing, on the 16th day of November last, two pieces of cotton, value 3 l. the property of James Hunter , Andrew Stirling , John Stirling , James Stirling , James Douglass and Duncan Hunter .
My partners are as described in the indictment; I was sent for to look at some goods at the public office in Bow street; two pieces of printed callico; they were supposed to be stolen from a vessel that was working at Yarmouth, bound to London; these goods were our own property, manufactured by one of our own partners at Glasgow, and consigned to us in London; there were marks upon them.
Court. But how did these marks come to your knowledge? - The name of Stirling was upon each piece.
Stirling or Stirlings? - Stirlings; I have never seen these goods before.
Then by what means can you with certainty say these were part of the goods consigned to you from Scotland? - Unless the name was forged, it could not be any other; besides it is a particular pattern which no others use to my knowledge of this print but ourselves.
Is there no other house of the name of Stirling? - Not that I know of.
Is the captain of the vessel here or any other person that can speak to the goods being shipped? - No.
Nor any of your Glasgow partners? - No.
I found part of these goods on Thursday, the 16th of November; I was sent for by a woman, she shewed us Hobson, and he acknowledged he had offered it to sale to her; I took him into custody; he said, he picked it up; it was part of a ship's cargo that was wrecked in Yarmouth-roads ; I asked him then what ship he belonged to; at first he hesitated, and afterwards told me that he belonged to the Diligence; I went down and found she was there; and that Hobson and Richmond both belonged to her; when we came up again, Hobson acknowledged to me that the piece of cotton came out of a bale of goods that were shipped from a wreck, on board the Diligence; there was no promise or threat made use of; he said, it was the Glasgow that was wrecked; then he told us that they had taken several pieces out at Yarmouth; and that some they had disposed of; and some they had left at his habitation at Yarmouth; he told me the master was concerned; he said, he was to be found somewhere in Shoreditch; in the morning I took the mate into custody on the Diligence; his name is Blythe.
Court. What persuasion was used to make this prisoner Hobson make this full confession? - The prisoner Richmond began first to justify himself, and laid the blame on Hobson; then Hobson finding that, said, he could tell more than he could; then he began; we found nothing on the mate; Richmond said, that Hobson began it, that he had a piece then in St. Catherine's, which he had left the over night.
Mr. Garrow. You know nothing with respect to Blythe? - No.
Then when you say all you do not mean him? - He confessed nothing that is in this indictment, nor did not appear by the confession of the others to have any hand in this.
Court. Did Richmond acknowledge having anything to do with this particular piece? - Yes, he did; he confessed that Hobson was selling that to the woman who gave the information for him; and that he had left a piece in St. Catherine's to dry; it was wringing wet when we found it; the other piece was dry.
I was with the witness Dawson; I know nothing further than what he said: I recollect no promises made them to my knowledge.
The morning following I received this piece of goods from Mary Riley , on Friday the 17th of November.
Of a Thursday night, (I do not recollect the night, but it was the night before I gave it to Mayne) two seafaring men came and asked for a bed; I had only room for one; the other went on board.
Do you know the man? - I do not know that I should; there is a great number of seafaring men about.
Did you attend to the oath that you took just now? - Yes.
What did you swear to do? - To tell the truth of whatever I know concerning this matter.
But you swore something more, you swore to tell the whole truth; so that if you spare any circumstance that you do know, or if you deny any thing that you do know, you are guilty of a breach of your oath; I ask you again, whether you know the persons that came to your house with these goods? - I have seen one of them, but the other I do not know.
Do you know him you have seen? - I may have seen him among seafaring men at a public house facing me; but I could not take my oath that I have seen him; I thought I knew him when I saw him at the Justice's; the man's name is Smith.
Now, look round the Court, and tell me whether you see him here or no? - The furthermost man, if I know any of them.
Are you sure that is the man that lodged at your house that night? - I am sure that that is the man, if either one is; he had a bundle.
What did he do with that bundle? - He kept it in his own possession till morning; when he was going out about five, and he desired he might leave it with me; and I said, he might.
Was that bundle the same that Mayne had afterwards of you? - It was.
Hobson to Dawson. Whether I did not ask when I was before the Justice, to be an evidence, as they promised me if I told the truth I should get clear by it? - He wanted to be an evidence, but I do not know the reason why they would not admit him; I had never promised him any favour, upon my oath.
Court to Hunter. Did you hear Blythe say any thing with respect to these particular goods? - No.
Was any promise made by you, or the Magistrate, or any other person to your knowledge, to Hobson or to Richmond, of any degree of favour, if they told the whole truth? - No promise at all; he wished to be admitted an evidence when the room was clear, but he told a story which was not believed; on that account the Magistrate did not admit him an evidence; he asked to be admitted an evidence when he was by himself, and he would discover the truth, but when he began to tell his story the Magistrate did not believe a word he said.
But suppose he had told the truth, did the
Dawson. I believe Mr. Hunter will recollect it was after the parties were bound over to prosecute.
Court to Hunter. Was that so? - It was; this is the piece marked Stirlings; the other is cut off from it.
Dawson. That part that is marked, is the part that the woman brought to me that Hobson offered to sell to her.
Court to Hunter. Was that the usual mark to your goods? - It is; there was no other ever upon it.
Court to Mary Riley . What did Hobson tell you when he left the bundle with you? - He said, it was part of some goods he had smuggled, and he was obliged to sink the rest along side the ship.
After we had taken these goods in at Yarmouth, we came to London, and delivered the whole cargo; there were several people that worked at stowing them about; the boxes were very much damaged, and afterwards we were cleaning a hole out after the goods were all out, and we found these two pieces laying together there.
We found this piece as he has said.
I live at Yarmouth; I am master of a ship; I appear for Thomas Richmond ; I have known him since the 7th of September 1781, and from the 7th of September 1784, he was servant on board my ship; while with me he behaved as a good servant, quiet and easy, rather too easy, easily led away by bad men; he was honest.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
121. MARGARET PARKE (wife of William Parke ) was indicted for that she, on the 31st of October last, feloniously did take away, with intent to steal, embezzle and purloin, three blankets, value 10 s. a bolster, value 1 s. a pillow, value 18 d. a pair of linen sheets, value 6 s. a knife and fork, value 3 d. two flat irons, value 1 s. a footman, value 1 s. a hanging iron, value 6 d. a candlestick, value 1 s. a tea spoon, value 2 s. a dish, value 1 s. three plates, value 3 d. two table cloths, value 2 s. the property of Elizabeth Best , let by contract to them and each of them, to be used by them and each of them as a lodging , against the statute.
Who did you let your lodging to? - To Margaret Parke .
Is not she a married woman? - Her husband and her are parted; she was a married woman when she took the lodgings; she said, she had been parted from her husband about three quarters of a year.
When did you let her the lodging? - The 18th of September.
How long did she continue at your lodging? - One month.
Did she pay her lodging? - It was three shillings a week, and I had seven shillings out of twelve; I missed the things a week before she went away.
Did she continue to lodge with you after you missed the things? - She was there one week after.
How happened that? - I do not know; she continued in the room after I was advised to take her up.
Why did not you? - I was in hopes she would get me my things again.
If she had got the things again you would not have taken her up? - No, I would not; I missed the greatest part of them all at once, except a few trifling things, such as a salt, a pepper box, and plates; she desired I would not make a noise to let any body hear in the house; she said, she had pawned them, and she would get them again; I gave her a week.
Was any thing more taken after the time you missed the things? - Yes.
What were the things you missed after the first search? - One red dish and three earthen plates; I never found them again, but I found some part of my things at the pawnbroker's.
Here is a bolster and pillow, and one of the blankets, pledged in September; and the other in October.
What time in October? - The bolster the 27th, the pillow the 28th, and one of the blankets the 30th of September, and the other the 24th of October.
When did she leave your house? - A month from the 18th of September.
Kimber. They were pledged by the prisoner in the name of Margaret Wright .
(Deposed to.)
Prosecutrix. They have no mark; there are two holes darned with white worsted.
PRISONER's DEFENCE.
My Lord, I did not leave her lodging; this gentlewoman agreed to take her things when I could get them; I was married to a man that used me exceedingly ill, and she knows it; I went to my husband, and he took me up with a warrant, and desired this gentlewoman to prosecute me; and I let her know where I was gone to.
Court to Mrs. Best. Did she do so? - No, my Lord, she did not.
What is your husband? - He is a head gauger in the Custom-house; I have been separate from him since Christmas last; I have a child, and it was through distress, on account of my child, that I pawned the things.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
122. WILLIAM LOSSIEL otherwise WILLIAM YOUNG PARIS otherwise WILLIAM WHITE was indicted for feloniously stealing, on the 10th day of December , one silver tea spoon, value 1 s: the property of George Palethorp .
I live No. 3, Litchfield-street, in the parish of St. Ann's, Westminster ; I am a china-rivetter and tipper ; I only saw the prisoner on Sunday the 10th of December, about six in the evening; he knocked at my door, and said, he had a message from my son at Paris; I asked him to drink tea; and while he drank tea, he took the tea spoon; he was about an hour and a half at our house.
What passed besides? - He told me that my son ordered him to come and tell me that he was ill used at school at Paris; I said, I could not think any such thing, for he had been three years and a half at school and made no complaints; and I fetched a letter where my son tells me, he is a favourite of his master's, and wishes to have his brother with him; an while I went to fetch the letter, he made shift to take a table spoon; he told me he had come from Paris with only seven shillings and sixpence in his pocket, and he had begged his passage over, and he was in necessity for fifteen pence to pay his lodging; I gave him eighteen pence; and after he was gone about five minutes I missed my table spoon.
Who let him in? - Another son of mine, about ten years old; my son was never out of the room.
Upon missing these things what did you do? - I sent my son to tell the maid she had not brought the spoon up, and she told me she had, when she brought the tea things up, she brought three tea spoons up and only took two down; and my son said, the lad was off his chair, and went to the table; then I said, it must be gone that way; so I endeavoured to find the lad in order to clear the maid.
Then you did not see this table spoon in the room, nor the tea spoon? - No; I traced him out; and took him to Bow-street;
Was you present when this lad was examined? - Yes, I was in the office, and saw him sign it.
Was that the signature he made? - I was not at the desk; I cannot say.
Court. Did the young man say any thing to you when he was taken up? - No, he confessed it to the man that took him to Newgate; I do not know whether he is here or not.
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
123. SAMUEL WARREN was indicted for feloniously stealing, on the 14th day of December , two she asses, value 10 s. the property of John Upton .
I keep milch asses ; and have a little land in the parish of Hornsey , between Hampstead and Highgate; the asses were my property; but I did not know of their loss; I saw them on Monday the 11th in a field; there were six in the field; one of the asses was taken from a colt which sucked it, so that I am clear she would not have gone away.
I am a watchman of Hampstead; on the 14th of this month, between two and three I was in my box, and I heard something come padding down the horse road, between two and three o'clock, I saw two men and two asses; I asked them what they were going to do with those asses; the prisoner was driving one, and the other man was riding; one of them said, they were his asses; I cannot say which it was; I immediately followed them down the town for a quarter of a mile, or rather better; I overtook them, and the prisoner came from behind the ass to me, into the path; the man that was riding ran away; the prisoner said, they did not belong to him, but to the other man which ran away; I asked him the other man's name; he said the man lived in Kentish town, but he did not know his name, but his name was Tom; he said, he met with him on the road; and on the Thursday following he told him he had lost an ass between Holloway and Highgate, with hamper of apples and onions; and that he had been seeking it; but did not say whether he found it; here is the halter I took off one of the asses; and they had a halter on besides; I never saw the prisoner before I took him; he never was out of my sight; it was a star-light morning; I kept the prisoner in custody; I kept the asses till morning; I put them in a yard, and took them out next morning; they were the same asses; in the morning we found Mr. Upton's name on each of them: I informed him, and he came, and said they were his.
Prosecutor. They were my asses; I saw them in the field on Monday; and this was Thursday when I saw them before the Justice; my fence and gate were good; when I missed them I found the gate open.
I am servant to the prosecutor; I know them to be my master's property; I saw them in the field; I milked one on Tuesday morning last.
PRISONER's DEFENCE.
I lost my ass and hamper; and I was out very late enquiring for it; and in the course of the night seeing two asses coming along I crossed into the road, and I met with a young man with two asses; and I was walking with him, and they took me.
Court to Fuller. You did not see the prisoner have hold of any one of the asses? - No, I did not.
Tried by the first Middlesex Jury before Mr. Justice WILSON.
|Reference Number
THOMAS WILLIAMS was indicted for feloniously stealing, on the 19th day of November last, eight printed paper books, bound in leather, value 8 l. two other paper books, value 2 s. and five hundred and twenty-five sheets of paper, value 4 l. the property of John Boyce .
On the 19th of November last, I was robbed; I lost the things mentioned in the indictment; I found them at Mr. George Gable 's, in Bridges-street, Covent-garden; he described the person to me, and I knew him; he had been my journeyman two years ago; I advertised him, and he was apprehended; one of the books is not to be bought in England, which is Major Pitcarne's.
I am a pawnbroker; we received a handbill, and between six and seven in the evening of the same day, a man came to our shop, and offered me a small volume for half a crown, he said he bound it himself in calf; I said it was not worth above eighteen-pence; he then produced two others, and I went to another part of the shop and he was gone, and left the books in my custody; I could not pursue him, having nobody in my shop; I sent to Mr. Boyce, and on the Monday following I saw the prisoner at Litchfield-street-office; I knew him directly; I picked him out from seven or eight people; the prisoner is the man; these are the books that he left.
(The books deposed to.)
I am positive that these are two of the books that I bound for Mr. Boyce.
I am an apprentice to Mr. Boyce; on Sunday the 19th, about ten in the morning, I saw these books lay upon the table.
I am niece and servant to the prosecutor; on Sunday evening, about a quarter past eight, I went out to fetch a pot of beer; I found the door latched; I came back and latched it again; it was about nine I came down stairs to let my father and mother out, I found both the doors open, and I called my uncle down stairs, and I went into the shop, and I missed the books directly.
Court. You are sure the door was latched when you went up stairs? - Yes.
I met with the prisoner according to the advertisement, and brought him to Litchfield-street; I sent for the prosecutor, he said it was the man that was advertised; he sent for the pawnbroker, and he came and said it was the man that brought the books to pawn.
Did you point the man out to him? - No.
Mr. Garrow. Who are you? - I have attended at the Rotation-office these eight months.
Prisoner. I am innocent; I have two people to prove where I was at the time the robbery was committed.
On the 19th of November, I was at the Bell, the corner of Cherry-garden-stairs, Rotherhithe; I saw the prisoner there; I went away about seven; I have not seen him since till now; I believe that is the gentlemen there.
I keep the Bell at Cherry-garden-stairs; I know the prisoner, and the witness: on the 19th of November, which was Sunday, the prisoner was at my house, at eight he paid his reckoning, and then he called for another three-penny-worth; he had but a silver threepence in his pocket, and I have it now; he desired me to keep it for him; he had been there two or three hours, and was a little intoxicated; he
The prisoner called three more witnesses, who gave him a good character.
Transported for seven years .
Tried by the London Jury before Mr. Justice WILSON.
|Reference Number
|Not Guilty
125. JOHN YOUNG was indicted for feloniously stealing, on the 2d of December , one watch, inside case made of metal, and the outside tortoiseshell, value 10 s. two brass keys, value 2 d. a seal, value 6 d. a chain, value 2 d. the property of James Askew .
My husband's name is James Askew ; I lost my watch on the 19th of November, from the mantle-piece, in the bed-chamber; a young man owed us two shillings and sixpence, and it was left with my husband; I was not at home at the time; my husband is in the King's Bench.
I saw the watch on Sunday morning, on the mantle-piece, between seven and eight in the morning, in the two pair of stairs, in my brother and sister's room; I was present when the runner took the duplicate out of the prisoner's pocket; my brother and me took the prisoner for this watch, on the Monday night, a week after, because I saw it on him on the Sunday evening down in our kitchen, in his pocket; the prisoner goes in the character of a sailor , and lodged at my brother's house; I saw the chain hanging out of his fob, and I knew it; I said nothing to him about it; I thought he was only playing fun with it; on Monday evening, about four or five he went out; my brother and sister were not at home; he did not return; I was with my brother when he was taken, and there was a duplicate of the watch taken out of his pocket; the runner who went to the pawnbroker, is not here.
(The pawnbroker produced it.)
I am a pawnbroker; I produce a watch which was pledged with us the 2d of this month; I cannot rightly say the day of week; it was of a Saturday; I cannot say who pledged it; I did not take it in; about two or three days after, the prisoner came to sell it; he asked me if I chose to buy that watch, which he pledged two or three days before for four shillings; he produced a duplicate.
How did you know it was this watch? - I do not know really, for I did not look for the watch; I told him that I did not buy any, and he went away, and took the duplicate with him; in the course of a day or two, one of the runners came, and asked me if that was our duplicate.
Can you swear that it was the same duplicate that the prisoner brought? - I cannot; I did not take it out of his hand.
Have you any means by which you can prove that the watch the man came to sell, was the same he had before pledged? - I do not know.
Then you cannot positively swear that this is the same watch that he came to sell? - No, the officer would not be bound over.
Court. He refused to attend at that time? - Yes.
(The watch shewn to Mrs. Askew, and Mr. Askew.)
It is the same watch.
(Handed to the Court.)
Thomas Askew . I have seen the chain before in my sister's room.
PRISONER's DEFENCE.
When I first came from sea, I went to this man's house to lodge, and I had twelve guineas; and eight guineas I lodged in his hands; at the time I had this money,
What watch did you buy? - That watch I believe, I have not seen it.
Have you a mind to look at that watch, and see whether it is the watch that you bought? - Yes.
Prisoner. This is not the watch that I pawned.
Tried by the London Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
126. JOHN BONE was indicted for feloniously stealing, on the 7th of December , four pounds weight of leather, value 14 d. one canvass tool bag, value 14 d. one sledge hammer, value 4 d. a sledge hammer, value 2 d. a gage, value 2 s. and two thousand clout nails, value 2 s. the property of Richard Weller .
I am a pump and engine-maker ; the prisoner worked for me about six weeks, I discharged him: On Thursday, the 7th, I sent two men to the Hartshorn brewhouse , to do some business; their names are Samuel Dent , and Isaac Gallier , they took with them the things mentioned in the indictment, except the nails, and the sledge hammer, which I did not see them take.
I worked with the last witness; I know the prisoner, he worked with him too; my master sent me and Gallier to the Hartshorn brew-house to work, and I went to dinner at twelve; we took the things in the indictment; Gallier went also; we were gone about three quarters of an hour; we left these things in the cupboard, in the brew-house; I locked them up, and took the key with me; when I came back, the cupboard door was broke open, and the lock hung to the staple, and a piece of the cupboard hung to it, and the things in the indictment were all gone; I never saw the things since; I did not see the prisoner there.
I am a pump-maker; I saw the prisoner go along with a canvas bag at his back, and some leather in it, in the street, on Thursday, the 7th of December, not twenty yards from the Hartshorn brew-house gate; I called to him, Will, Will, as an acquaintance; I knew him before, I had worked with him; he made no answer, but went on as fast as he could; he was walking very fast; it wanted about a quarter to one; I saw the leather hang out of the bag; I was at work at Old Gravel-lane, and I went to Dent and Gallier, who were at work; they said they had lost their tools; then I said William has got them; that was a little after one, that I told them.
Prisoner. Can you say I am the man you saw with the property? - I saw you with a canvas bag, and some leather out of it.
Dent. We went after the prisoner, and could not find him; I told my master.
I saw the prisoner on the 7th of December, on Thursday, with a canvas bag on his shoulder; it was a whitish canvas bag; I saw some leather sticking out of it; I never saw the prisoner till I saw him at Justice Wilmot's office, about eight or nine days after I first saw him, I knew him again; I am quite positive this is the same man; I had not the least doubt when I saw him again.
I am day-warder to the King's brewhouse: On Thursday, the 7th of this month, Mr. Weller's man came to work about eight; and some time after they were gone to dinner, Robert Hogg , another of Mr. Weller's men came to ask for them; I went with him; as we went up the street, the prisoner at the bar had just got to the gate, coming out of the brew-house, with a canvas bag, and the leather appearing out of it, six or eight inches; says I, here
Prosecutor. When I discharged him, he said he was going to Lynn. I took him on the Wednesday evening, the 13th I think it was; I took him in Moorfields; I went to several places; he said when I discharged him, that he was going to Lynn in Norfolk; I took him at a toolmakers, where he had bespoke a bit; I took him to the Justice, and he had his hearing before his Majesty; he had a second hearing, and was committed; he never said any thing to me; I never found any of the things.
What sort of bag did you lose? - A sail cloth bag, brownish colour; the other was butt leather.
Hogg. It was a piece of butt leather I saw, I am sure.
Prisoner. I have witnesses to prove that I was at another place at the time, William and Eleanor Mitchell .
I am a mast, block, and pump-maker; I know the prisoner.
Do you know where he was the 7th of December? - He was with me the 7th, in my shop, in the Bear-dock, Tooley-street; I brought him up to the business these ten years; he went to work on the afternoon of that day; he came about a quarter before twelve; he said, father will you go any where to drink, and we went and had two or three-penny-worth of crank, and we staid till near one, and he went home and dined with me, and went to work afterwards; he continued with me at work till he was taken; we had had some words, and he went to work for some gentleman for two or three months, but he frequently came on a Sunday to dine with me, and of a Sunday evening to see me; he had been at my house the Sunday before.
How came you to be positive as to the time of his coming to your house, as to the time of day, you say it was a little before twelve? - Yes, I am positive it was that time; it was before twelve; I cannot say to a quarter of an hour; I can take my oath it was before twelve, because it is the time we generally go to get a drop of drink; I asked him to go and dine with me; and I asked him to go to work with me, I had a job in a hurry; and he did; we dined at one, and went to work at half after one.
What distance is the Hartshorn brewhouse from Tooley-street? - The one is on the one side of the water, and the other on the other; I dare say from my shop, to walk round, it is a mile or more.
Are they directly opposite one another on the river? - No, not opposite; the brewhouse is a good way lower down on the other side.
Is that young man a relation of yours? - Son-in-law; I married his mother.
How long did he continue to work with you after that? - Till the evening he was taken.
Did he talk of going to Lynn? - Yes, he sent several letters to a relation of mine; he was to go the next morning after he was taken; he was going over Moorfields to the pump maker's; the ship was to sail the next morning.
Did you expect him to come on the 7th of December? - No, I did not expect him at all.
Then on the Sunday before he had not told you that he was then out of work? - No, he never said any thing of the sort, only he came and told me three or four times he was going to Lynn; I did not expect him on the 7th of December; he brought nothing with him, no tools, or leather or any thing.
What time did he come on the Sunday before? - He came every Sunday to dine with me; he came about twelve o'clock; I always asked him to dine with me every
You had parted upon some little quarrel, what had you for dinner that day? - We had some cold ham from a shop; that was all we had, and some bread and beer.
I am wife of the last witness.
Do you remember the prisoner at the bar coming to your house on the 7th of December last? - Yes, very well.
What day of the week was it? - On Thursday.
Can you tell what time of day he came? - About eleven, as nigh as I can recollect.
Did he stay there from the time of his coming? - He went and drank some liquor with the last witness at the Black Cock; I did not go with them; but I went there to fetch them; they dined with me at one o'clock; we had some ham for dinner.
What had you besides? - Nothing else; I fetched it from the chesemonger's; we had nothing else but porter.
What part of the house was you in when he came? - In the kitchen.
How came you to recollect the time so accurately? - It was eleven o'clock when I went to Mr. Mitchell's shop and saw him there; he might be there before that time.
How happened you to go down to the shop? - It is what I frequently do to Mr. Mitchell, to know if he would come home to dinner; we dine chiefly at one, sometimes later.
I have known the prisoner three or four years up to this time; a very good character.
Where do you live? - At No. 35, Tooley-street; I am master of a ship.
JOHN BROWN sworn.
I have known him these ten years; I never knew any thing amiss of him in the course of my life; he has a general good character.
I have known the prisoner upwards of seven years; a very good character for whatever I knew, an honest, working young man.
Court to Mrs. Mitchell. You saw this young man there about eleven, or a little before eleven in the morning? - Yes, the boy had told me he had been there all the morning; he called, and just said, how do you do, and asked me to wash him some shirts and handkerchiefs.
When was that? - I cannot recollect.
When had he dined with you last? - The Sunday before.
Court to Prosecutor. Do you know William Mitchell , in Tooley-street? - No, I do not know him; the prisoner told me he had a father lived there.
Did you go to his father's to enquire after him? - No.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > lesser offence
127. JOSEPH SEARS and JOHN ALLEN were indicted for feloniously stealing, on the 16th day of November last, thirty-seven pounds weight of loaf sugar, value 20 s. the property of James Cosby , privily in his shop .
The two boy s were at the window; I am sure they are the same; in a little time my shop door opened and nobody came in; in a moment after, Sears came in, and asked me for a pennyworth of prunes; that is the tallest; I gave him as much as I thought proper; he asked if it was a quarter of a pound; I said, no; he said, what are they a pound? then I saw the little boy come into the shop, lift up this sugar loaf that stood near the door, and sit it down again; the boy took up the prunes, and went out of the shop; I missed the loaf ofJohn Allen was in their possession; Allen was brought back to my shop; sometime after somebody came into my shop, and told Mr. Alfred, the other boy was there; he went out and brought in Sears; that might be twenty minutes after; when he was brought in, he had a different coat on to that which he had on when he bought the prunes.
Court. Is that the loaf of sugar that stood near the door? - Yes, I can swear to it by the mark.
The prisoner Sears stood at the prosecutor's door, and called Jack, that was Allen; I saw Allen come out of the prosecutor's passage; he ran by me; I suspected they were about no good; I sent to inform Mr. Leach; I saw both the boys go into the shop; they staid in but a very few minutes; when they came out young Allen had got this loaf of sugar; I saw him come out with it, and run across the way; Mr. Leach took the sugar from Allen; I saw him; I took the prisoner, Allen says, oh, you have killed me; no, you dog, says I, I have not; I took them to the prosecutor's and they were committed.
Did you see him come out of that shop with the sugar in his hand? - Yes.
Then you saw the other go into the shop with him? - Yes; I knew Sears before: I had him in custody when I was a constable, a year and a half ago.
- LEACH sworn.
I was with my wife in my room at the back shop; I heard somebody in my passage; I got up to see who it was; I heard Sears call Jack; I saw these two prisoners run towards Mr. Cosby's shop; I then went in and sat down in the parlour, and in a very few minutes, Mr. Alfred sent the boy to desire I would watch these boys motions; I went over the way, and saw Sears put his hand to the latch of the door and open it; he then started back all of a sudden to Allen; he went in first; Allen stood just at the door; I saw Sears buy something of Cosby; I perceived they were talking together; Mr. Cosby turned round to get something out of a drawer, and at that time Allen took the sugar, put it on his shoulder, and ran across the way with it, towards me as fast as he could; I said, where are you going with this sugar? says he, what is that to you? I am going about my master's business, where do you think I am going? says I, you have been stealing it; no, I have not says he; and he tried to throw it down on my toes; I caught hold of the string, and held it in my hand, and he got away; then Mr. Alfred seized him; Mr. Alfred took Sears in about twenty minutes after.
I went for a quarter of a pound of prunes; I paid the man and came away; he said nothing to me.
I have nothing to say.
BOTH GUILTY Of stealing, but not privately .
Each to be transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
|Reference Number
|Not Guilty
128. THOMAS DAVIS was indicted for feloniously stealing, on the 22d day of November last, one mare, price 3 l. the property of Samuel Linford .
I live in High-street, Lambeth; on the 22d of November, I lost a horse from Long-acre ; I called on Mr. Peacock in the evening, and he asked me to go up stairs to see his wife; I told him, I came on horseback, and the horse was at the door; I went up to him; and the apprentice called out, that a man had rode away with the horse; I ran down Long-acre, and Mr. Peacock's apprentice another way,
Mr. Garrow, Prisoner's Counsel. There is no doubt of the identity; when your horse was missed from the door, your friend Mr. Peacock advised you to go to the Green-yard? - He did.
You walked to the Green-yard? - Yes.
Which way did you take? - Down James's-street, and so on to the Piazza, Covent Garden; we went for the shortest way.
How far was you from the Green-yard before you met this man with your horse? - Not far.
In what way was he riding, briskly or how? - No; he was walking the horse.
You immediately went up to him, and pulled him off the horse? - Yes; when he got to Sir Sampson's he said, he found the horse astray, and was taking him to the Green-yard; he said, some boys were driving the horse in Long-acre, and some men recommended it to him to take it to the Green-yard.
Was he within three or four hundred yards of the Green-yard? - He might, I cannot say.
He had not got to the Green-yard? - No, he had not.
Was this man drunk or sober? - I cannot say.
How did he appear to you? - He looked very reasonable.
Did he appear to be somewhat in liquor? - I cannot say he was.
I believe it struck you in such a way that you expressed yourself in some such way as this; I wish I had given him a horse whipping? - I said as I had my property I wished I had let the man go.
Court. What part of Long-acre does Mr. Peacock live in? - The corner of an alley near the middle.
I am an apprentice to Mr. Peacock; I saw the prisoner going down Long-acre upon the horse, about a dozen yards from the door, riding pretty fast; I ran and called Mr. Linford; he ran after it but did not find it; the man had a light coloured coat, and round hat on.
Was it a tall man or a little man? - I cannot tell rightly.
Court to Prosecutor. How was the prisoner drest when you met him? - In a light coloured coat and a round hat.
Prisoner. I leave it to my Counsel.
I live in the Acre; I am a house-keeper; and a master coach-trimmer, and harnessmaker; I have known him between ten and eleven years; he worked for me; I never heard any thing to impeach his character till Monday evening last.
Are there more Davis's in the trade that you know of besides this man? - Yes.
If I had said to you, Mr. Kello, I want Davis, had he any particular name? - Mad Tom.
When he drank a little more than usual, have you reason to know how his head was? - Why like other men's, I believe; by dinner time I hardly knew who was master; when he was a little drunk he was more mad than other men.
I am a coach-maker in Long-acre; the prisoner was a coach-trimmer, and harness-maker; I have known him these four or five years, by the name of mad Davis, that was generally the name he had in the trade; there are two Davis's in the trade.
I am a coach-trimmer; I have known him ever since the year 1776; he had goods in his house to the amount of seven or eight pounds of mine; I trusted him and thought him a very honest man, and if it had been as many hundreds, I should not have hesitated nor would not now; I will take him to work to-morrow and trust him with my property; in liquor, he goes under the appellation of mad Tom Davis .
He is not likely to steal a horse? - No, nor an ass neither.
Jury. We are satisfied.
Court. I think with you, it was a foolish trick, rather than an intention to steal the horse, and the horse was not tied up.
Tried by the first Middlesex Jury before Mr. RECORDER.
|Reference Number
129. JAMES BRADLEY was indicted for feloniously stealing, on the 23d day of October last, one trying plane, value 2 s. one tenant saw, value 2 s. one axe, value 6 s. the property of Robert Stocker .
I am a carpenter ; I was at work at Esquire Bateman's house, King-street, Covent-garden ; I lost the things mentioned in the indictment; I left the house on Saturday; nobody was in it; on Monday the things were gone; I found them in the possession of one Mr. Wilson, who said he bought them of a man that he knew by sight, and he found the prisoner; he is a watchman; and he said he sold them for a widow woman, whose husband was a carpenter, and he said her name was Vaughan, but he could give no account where she lived.
I bought the tools of the prisoner, on Monday the 23d of October, about six in the evening, at the King's-head, in Monmouth-street; he asked me if I was not a bedstead-maker; I said I was; he said he knew a woman that had some tools to sell, whose husband was dead; he went out and brought them in about five minutes; he brought the trying plane a few days after, and I gave him five shillings for the things; I was taking my tools home; I had them in my hand; I put them down on my table; the prosecutor knew them directly; I told him I would go and look after the man, which I did; I found him out; and he was a watchman in St. Martin's.
(Produced and deposed to.)
I am a beadle; the prisoner is one of our watchmen , a supernumerary; he had been employed six, eight, or nine months.
Where is his beat? - He had no particular beat because he was a supernamerary.
Do you know whether he was on duty, on Saturday the 21st of October? - I cannot tell, our watch-book will tell.
Court. Go to the watch-house, and bring the watch-book.
I took the prisoner and searched his lodgings, and found a great quantity of keys.
(The keys handed up to the Court.)
PRISONER's DEFENCE.
On Monday I went into a publick-house, and a woman came in with an axe and a saw, and she asked three or four of us who were sitting there, if we knew of any body that would buy these things; I said no; I said there was some people on the other side of the room that looked like carpenters; she asked me to ask the man; accordingly I did inadvertently; and he
Is the woman here or any one of the witnesses here that heard the woman desire you to sell the things? - They have attended here, but they cannot attend to day.
Jury to Prosecutor. What part of the house were your tools in? - In the first floor, the door was locked, and the windows were boarded up.
The Beadle returned with the watch-book, by which it appeared he was on duty both Saturday and Sunday night, and therefore on duty the night the robbery was committed.
Court to Prisoner. You have been convicted on very clear and satisfactory evidence of a theft, though not of a value that affects your life, yet it is attended with circumstances that strongly call for a public example and severe punishment; as it appears clearly from the circumstances of this case, that that theft was committed by you, at a time when you was upon duty as a watchman; intrusted by the parish, and employed for the benefit of the public, to protect the neighbourhood from depredation and violence. There is an end to all safety to society, if those that are employed in the night to guard the persons and property of the King's subjects, become themselves the plunderers; therefore in such a case no punishment that the law authorises can be too severe: had the value been such as to have found you capitally guilty, I certainly should have recommended it to the Jury under the circumstances of your case not to have reduced the value, and there would have been every reason to believe that your Sovereign would have ordered you for speedy execution; it therefore becomes my duty to set as strong an example as can be; I shall not only sentence you for transportation, but the severest transportation that the law permits, the place of which must be Africa; you are therefore ordered by the Court to be transported to Africa, for the term of seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Not Guilty
130. JOHN WARREN was indicted for feloniously stealing, one woollen cloth great coat, called a box coat, value 20 s. another coat, value 10 s. a waistcoat, value 5 s. the property of Mary Nesbitt .
(The case opened by Mr. Fielding.)
I know the prisoner; he was coachman to Mrs. Nesbitt, of Norwood ; I laid with him a little time before the man was shot; I was over at the farm-house, where I board; on the 3d of October the prisoner and me went home to go to bed, at ten or a little past; the coach-house door was open; one of the glass doors was out and set against the wall; the coachman thought with me that somebody had been there; when we got up stairs the bed room was unlocked; he went and alarmed the house; we went up stairs, and searched the bed-room, and the bed clothes were tied up in one of the sheets, and laid at the foot of the bed; he missed some of his clothes, and I missed my watch and breeches.
Mr. Garrow, Prisoner's Counsel. This is the subject of a distinct prosecution by this man; therefore I think every thing on that subject should be laid aside.
Court. I think it ought not to be given in evidence, as it is not the subject of this indictment? - He told me that he had lost some things that were found.
Court. What things were they? - There were a box coat, and a livery coat and waistcoat; he said he left them in the room where he slept, and that they were gone at this time that we were making search.
Mr. Garrow. Did you lodge in the stables when the man was shot? - Yes, we both fired.
Do you know how long these liveries had been worn? - No.
I am one of the officers of Bow-street.
(Produces the box coat.)
To Twyne. Is that the box coat? - Yes, it is very like it.
Jealous. I accompanied Mr. Bond to Mrs. Nesbitt's; I searched him and found this letter.
Mr. Garrow. I object to the letter being read, not relating to this robbery.
Susannah Higgens 's, No. 2, Riding-house-lane, Portland-chapel, up two pair of stairs, backwards; and in the two pair of stairs forwards I found these clothes, wrapped up in a piece of green baize, tied round with this cord; the young woman was in the room; she came down to me, and I went back with her up stairs; I was present at the examination of this man.
Was there any inducement at all made use of by Mr. Bond, or any body? - No Sir, not any.
No hope or threat of any kind? - No Sir.
His examination was perfectly voluntary? - Perfectly so.
JOHN MORE sworn.
I am footman to Mrs. Nesbitt; these are the property of Mrs. Nesbitt; I know them well.
Mr. Garrow. Is that the old livery? - This is his proper livery at this time.
Then this was the newest? - It was.
How long had he been in the family? - I cannot say.
How long have you been there? - Nine months this last time, but I have been in the family fourteen years; he had been a year and half next month; he is paid up to that time.
When was this livery to become his property according to custom? - We have no regular custom.
When would he have had a new livery? - When my mistress thought proper to give us one.
When do you think that would have been? - I cannot say for my mistress's disposition.
How long had it been worn? - I cannot say how often he wore it.
How long had it been made? - About fourteen months.
How long have you wore your last livery? - I wear my own clothes.
Does Mrs. Nesbitt give her livery once a year, or in two years, or in seven years? - It is at her pleasure.
Does a man wear his livery coat and box coat, two years in her service? - Most familie do.
Does Mrs. Nesbitt do so? - I dare say she does.
Were these clothes in wear when you came into her service last? - Yes.
And for some time before? - I suppose so.
Do you know of any instance of which this man's honesty was tried, besides that of shooting a man? - No.
Do you recollect a circumstance of a gentleman's coming there and sleeping at Norwood, and leaving any bank notes in his chariot? - Yes.
Who found them? - Them that had no business to look for them.
Who found them? - The coachman.
Was it not the prisoner at the bar, says he, Mr. Moore, here are some bank notes I found in the chariot? - The chariot was on a journey; he did not clean it; I suppose he looked into the chariot through curiosity.
Do you know the amount of these? - I do not.
Were there several hundred pounds? - Not several, two hundred pounds.
Were there some hundred pounds? - I cannot say.
Have you never heard there was some hundred pounds worth? - I did not hear what the sum was.
Did not he deliver them to you for the benefit of the owner of the carriage? - He did.
Where had that carriage stood all night? - Opposite to our coach-house door in the common yard.
Was that after your stables were once robbed after the man was shot? - It was; the gentleman had been brought there by post-boys.
Did your mistress esteem him as a very honest fellow? - Yes.
If he had been disposed to have robbed Mrs. Nesbitt, could he not have done it? - Yes, he certainly might.
Such a livery as that you get very little
Mr. Fielding. Where did he say that he got the bank notes from? - From the inside of the carriage.
Did you see the gentleman to whom the Bank notes were restored? - I delivered them myself.
Was the coachman there? - No, he was in the house.
Court. When were these bank notes found? - I cannot say.
Do you know these clothes? - Yes, they were in my apartment; the prisoner brought them to my apartment.
When was it? - I do not know.
Mr. Garrow. Was you at home when they were brought? - No Sir.
Then you do not know how they came there? - No.
Mr. Fielding. Was the coachman at your apartment at any time since they were first brought there? - Yes.
Did he see them there? - Yes.
Court. You do not know who brought them? - No.
Mr. Fielding. When you found them in your apartment, in what manner were they made up? - They were tied up in two bundles.
What conversation passed between you about these clothes? - None at all.
Mr. Garrow. You have lived formerly with Mrs. Nesbitt? - Yes, I have left her four months; I lived with her two years and a half.
Did you continue any corespondence with any part of the family? - No.
Did you sometimes go there? - No.
Did the prisoner live there during that time? - Yes, the things were in my room locked up; he did not see what they were.
What was the prisoner's general character as to honesty? - Very honest as far as ever I heard.
Very much entrusted by Mrs. Nesbitt? - Yes.
I shall be fourteen next May; I know the prisoner; I have seen him more than once at our house; he brought a box to our house on a Monday, about a month or five weeks ago, and put them into Mrs. Higgins's room; she came about a month or five weeks ago; she came to our house last Michaelmas.
Mr. Garrow. She used to wash and mend for this man, did not she? - I believe she did.
The Jury retired for some time, and returned with a verdict NOT GUILTY .
Tried by the second Middlesex Jury before Mr. Justice WILSON.
|Reference Number
131. JOHN STOTT, alias JOHN SCOTT was indicted for feloniously stealing, on the 2d day of of December , two ropes, called head-fasts, value 7 s. 6 d. the property of Elijah Goff , Edward Burnell , and Thomas Whitfield .
I was going into my boat between seven and eight on Saturday night; my boat lay off at the road, near Execution-dock ; there was an alarm of two thieves; there was a young man stopped one, and I took the other; the other man shook two head-fasts out of his bag; I took them to Mr. Goff's; I saw the prisoners coming from Mr. Goff's craft; they were ropes used to fasten barges to one another; they have no particular mark.
These head-fasts were brought to me; I cannot swear to them; there were two missing.
I saw these two ropes; I know them; one particularly by its being the fag end of a whole coil; it belonged to the barge Peter which had lost her head-fast; the other belonged
Court to Burnell. How far was the lad off Mr. Goff's craft when you stopped him? - About a hundred yards.
(One of them deposed to by Adams.)
Jury. What weight do you suppose them to be? - Half a hundred.
Prisoner. They were laying tied up together.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
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132. ELIZABETH EVANS was indicted for feloniously stealing on the 8th day of November last, three pounds weight of tea, value 12 s. the property of Thomas Whitehead .
I live in King-street ; I had just weighed three pounds of tea and put in a paper bag; the prisoner and another woman came into the shop; the prisoner went to the back part of the shop, and then came to the fore part, and said to the other, I will go forwards and tell them to get it ready; she asked for nothing herself; the other bought a quarter of an ounce of tea and went away; I missed the tea, and pursued the prisoner; I found the tea upon her; I brought her back, and she was committed; I made the bag myself just before, and dried it at the fire.
PRISONER's DEFENCE.
A woman gave me the tea to hold; I never was in the shop.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
|Reference Number
|Guilty > lesser offence; Not Guilty
133. JOHN WAGER , DAVID GREVILLE and RICHARD GREVILLE were indicted for feloniously stealing, on the 11th day of November last, one linen bag, value 1 d. eight guineas, value 8 l. 8 s. one half guinea, value 10 s. 6 d. and one and sixpence in monies, the property of John Dodd , and one bank note, value 30 l. his property, privily from the person of George John Dodd .
On Saturday, the 11th of November last, about ten in the morning, my father gave me a linen bag which contained eight guineas and a half in gold, and eighteen pence in silver, and a thirty pounds bank note; he told me it was to pay a draft he expected from Yorkshire; and went out; six of the guineas were bright guineas; about eleven my father returned; and my wife and sister were waiting to go and see the Princess Amelia lay in state; I told my father I would go down with them; I left my father's house about twenty minutes after eleven with my wife and sister; I had the bag there in my right hand breeches pocket; we then went down to Westminster, and in Palace-yard , I took particular care of my money and watch; but never thought of that money; we got in to see the Princess Amelia; my sister and me returned about one o'clock; my wife staid behind at a relation's; as soon as I opened the shop door, my father said, you have made me very uneasy, you took the money with you for the draft; I then clapped my hand on my pocket, and said, if I took it, then I have lost it, for I have not got it; my father said, yes, I did give it you; I said, now I recollect it; I then carried the number of the bank note to stop the payment of it; I then took a boat at Black-friar's-bridge to acquaint my wife of it, who I left at Westminster; when I went there my wife was gone, and my aunt and cousin who kept the house told me they believed the money was found, for that there had been a man taken up with a thirty pounds bank note, and some money,
Court. Are you quite sure you did take the money? - I am quite sure I did take it.
Mr. Garrow. This money and note were given to you in the bag? - Yes, when my father returned.
Then you did not open the bag? - Not then; I did not after my father delivered it to me.
So that of your own knowledge you did not know the number of the note, nor that there was one in it? - I did not.
You had totally forgot it at Palace-yard? - Totally.
When you returned you had no remembrance of it, till he mentioned it to you; there was a great croud? - A considerable croud.
Which way did you go? - Through Old Palace-yard.
You was not in the hall? - I was not.
The rest of your money was safe? - Yes.
Court. You knew nothing at all of your pocket being picked till your father spoke to you? - No.
On Saturday, the 11th of November, I had occasion to go out; I expected a draft from Doncaster; I put into a bag a thirty pounds note, eight guineas and a half, and one shilling and sixpence; six of the guineas were very bright; the money and the note were in the bag; I gave it to my son about ten; says I, George, there is the money; I returned home in about an hour; my son told me that his wife and his sister wished to go and see the Princess Amelia lay in state; he asked me to let him go with them, I did; when he was gone, I searched for the bag; I looked for the money; I did not find that he had left it; and while I was seeking for the money the banker's clerk brought in the draft; I had sufficient in the house, and I discharged it; I was rather unhappy concerning him, and was very impatient for his return; and about one he and his sister returned but not his wife; and I said as soon as ever he returned, George, you have made me uneasy, did you take the money with you to pay the draft; yes, says he, I did; he clapped his hands to his pockets, oh, good God! I have been robbed, what shall I do; I took out my pocket book, and took out my memorandum, and sent him to stop the bank note at the Bank, and he went.
Court. What was the number? - 8641, the 8th of October 1786.
Mr. Garrow. Have you any note of whom it was signed by? - I will shew you my memorandum. (Looks at it and at the indictment.) After he was gone, I went to Westminster, where his wife and sister were, and told them what had happened; his wife returned back with me; I had not been home an hour before I heard somebody was taken up, and in consequence of that I went to Bow-street, and asked if there was any pick-pocket taken up; and they said, yes; I asked if there was any bank note; and they said, yes; he asked me the number of the note, I told him; he looked in the book, and said, your note is very safe, you must attend at six in the evening; I attended there on Tuesday following; then the prisoners were committed; I never saw the prisoners till I saw them before the Magistrates; I swore to my note; there is a mark on the back of the note of my own hand writing; I received it at the Bank, and I put a B upon it for Bank.
Did you see the bag? - The bag was never produced.
Mr. Garrow. Of course all that you say is, that you had such a note, and that you gave it to your son, and that that is the note you lost? - Yes.