248. (M) Edward Garnet , otherwise James Cox , was indicted for stealing one silver watch, value 10 l. one silver pint-mug, value 3 l. and two silver salts, value 30 s. the property of Daniel King , June 27 .~
Daniel King . I keep a publick house , the sign of the Wrestlers at Highgate ; the prisoner came to my house the 26th of June, and stay there all night; and the next day, being Saturday, he breakfasted and dined. He staid 'till about four o'clock, and we drank about two pints of cyder, and I went to the door to make water, and left him by himself. When I came in again, I found he was gone. Then I went into the chamber that was even with the kitchen where we drank. There I missed a silver pint mug, two salts, and a silver watch that was a stop-one; it was at my bed's-head. I knew he had not come out backwards, so I went into the garden, and found he had pushed through the hedge, and jumped over the ditch. The Monday se'ennight following I saw advertised for any person that had lost a silver mug, and salts, to apply to justice Welch's office. I went accordingly, and I saw this silver pint-mug, and salts [produced in court] which are my property. The prisoner was sent for from New-prison. I asked him what he had done with my watch. He said it was in his pocket, pulled it out, and gave it me. [ Produced in court.] This is my property.
Q. When had you seen these things last?
King. I had seen the plate in the room about half an hour before I missed it.
Q. Did you drink out of that mug?
King. No, it was another we drank out of.
Q. Had you any other company in the house?
King. I had no other company for an hour or two.
King. I had but one, a maid-servant, she was above stairs cleaning of the house; and had been so engaged for an hour at least, and I was with the prisoner in the kitchen.
John Hatred . I am a brick-maker, I know nothing of the prisoner's taking the things; but when he was taken before the justice, I heard him acknowledge he was guilty. At first he had accused another man. I asked him how he could bring an innocent man into the scrape, by saying that he was not in the garden; and that one Bradford put them in his pocket. Upon pressing him more closely, he owned the robbery, and confessed he himself did it.
Q. Had you made him any promise of favour, or money, in order to induce him to confess?
Hatred. No, we had not.
Stephen Chiswell . I kept the White-hart in Brooke's-market; the first time I saw the prisoner was on the 28th of June; then one Bradford and he came in and called for a pint of beer, and a serjeant came in, and seized the prisoner, and said he was a deserter from captain Nightingale's company. I being in a back-room, the prisoner came to me, and desired me to let him go out of the window. He pulled out a silver spoon, and said he was afraid they would take it from him, and desired me to let it be left in my hands. The serjeant said he would take him to his officer, at the Thistle and Crown at Charing cross. I went there to him, he called me backwards, and pulled out this pint-mug ( here produced) and desired me to lend him a trifle of money. I lent him five or seven shillings. I laid the things by and after that I went home, and there was this Bradford. He said, did not the prisoner give you such and such things? and said he thought they were not his own. I then went to Mr Welch, and told him of the things; in consequence of which it was advertised. Mr. King came to the justice's, and owned the things. I was by when the prisoner was taken before the justice, he there owned he took the things from the several places himself.
Q. to Prosecutor. What is the value of the mug?
Prosecutor. I do not know the weight of it, it cost me near 4 l. and the watch is worth 10 l.
Q to Chiswell. Was there any promise made to him of being favourable in case he would confess?
Chiswell. Mr. Welch told him there was a favourable opportunity to save himself, in case he would confess his accomplice. He answered, there was no other person with him, he did it himself. He had charged three other persons and was in divers stories at first.
I know nothing at all of the things.
Guilty Death .