Offences: Theft > burglary; Theft > receiving
Verdicts: Guilty; Not Guilty
226, 227, 228, 229, (M. 1st.) William Ogilvie , Shepherd Strutton , and John Wood , were indicted for breaking and entering the dwelling house of George Nares , esq ; one of his majesty's serjeants at law , on the first of March, about the hour of two in the night, and stealing a pair of diamond ear-rings set in gold, value 100 l. one amethyst ring set round with diamonds, value 5 l. one large silver ink-stand, value 10 l. a plain gold ring, value 5 s. one pair of silver shoe-buckles, value 5 s. two mourning gold rings, value 10 s. a silver medal, value 2 s. a thirty-six shilling piece, two two guinea pieces, three guineas, three half guineas, two five and three-penny pieces, two silver three-pences, two silver two-pences, two purses made of silk and worsted, value 12 d. the property of the said Geo. Nares , esq ; and John Maguines , for receiving the ear-rings, rings, and plate, well knowing them to have been stolen , March 1 . *.
Will. Stancliff . I am butler to Mr. serjeant Nares; it is my business to see that all the doors and windows are fast before we go to bed. On the last day of February they were all fast at going to bed. I got up a little before seven, on the first of March, and found that the window-shutter of the parlour forward, the ground room, was broke open by main force, and the closet in the passage was broke open; it appeared to be broke open by some very strong instrument.
Q. Was it light or dark when you got up?
Stancliff. It was daylight.
Mr. Serjeant Nares. On Thursday, which I believe was the first of March, the night of that day my house was broke open. I was called as early as it was discovered, which was rather after seven, and I saw where they came in. There are two setts of window-shutters, the outward in the street, and the inward. The outward were to pull to, and bolt withinside; to the other within, there is a bolt comes down to fasten them. I perceived the outward bolt was wrenched by an instrument which we found; they had left it in my wife's dressing-room. The outward bolt was wrenched so that it was bent; the screws were drawn so far as to bend it so as to let the shutter come open. That on the inside came directly down cross the window. It was a very large bar; had it fell, it must have alarmed the whole house, but the curtain had catched it. There were marks of mens feet on the pallisades where they stood to wrench the shutter. My bureau was all broke open. They had come into my study, and there they had taken away (for I am certain it was there over night) a large silver ink-stand, and in that I had that night put an amethyst ring set with diamonds, in the hollow of the ink-stand, and there were some other things taken. They had left the glasses belonging to the stand. They had searched all the papers in my bureau and in my pocket book. We went up into my wife's dressing-room; they had taken away the childrens perquisites. They had emptied out the money, and left one purse there; these were taken out of the bureau in my wife's dressing-room. There were four, but they had left one, which belonged to my eldest daughter. I verily believe they were surprised by something, for they left their instrument just by the bureau, a strong iron chissel. (Produced in court.) I had seen a two guinea piece in one of the purses, I think it belonged to my son; I think it was of king James the second, a very remarkable well-preserved two guinea piece; and I had likewise a queen Ann's guinea, which my wife picked out of the money that was produced at Sir John Fielding 's.
Q. Was it day-light when you came down?
Mr. Nares. It was perfect day-light.
Q. Do you not think there are more two guinea pieces as well preserved as that?
Mr. Nares. I dare say there are many. I have no doubt of that.
Mrs. Nares. The purses were all in my bureau. There was about 30 l. in money; two two guinea pieces, both very fresh, but one more than the other; a queen Ann's guinea, and several guineas besides. There was a crown piece of king William. I picked out a two guinea piece at Sir John Fielding 's and said, that was my two guinea piece; and I picked out a guinea out of fourteen or fifteen that were produced. I observed it by the freshness, and afterwards I knew it by another circumstance. (A guinea and a two guinea produced in court.) (She takes up the guinea.) As much as any body can swear to money, I believe I can swear to this guinea being in the purse in my bureau.
Mr. Serjeant Nares. I verily believe this guinea to be mine; I can say no more. I remember there was a little piece of black upon the cheek of the head, and it was on when I saw it at Sir John Fielding 's. Now it is off, but there is the mark where it was. I will not attempt to say it is the same, but it is very remarkable a spot should be in the same place.
Mrs. Nares. I had put the diamond ear-ring in my bureau that morning, and they were taken away.
Miss Nares. When I saw this guinea again, I did think it was mine. There was a particular spot of dirt upon the cheek, by which I thought it mine; here now is a mark upon the place; I saw it at Sir John Fielding 's. I can't take upon me to say it was one of the guineas that was in the purse, but I think it was.
Young Mr. Nares. I believe the two guinea piece which is here produced is mine. I can't positively swear to it, but I believe it to be the same. ( The court and jury inspect the two pieces.)
John Bagnall . About the first of March, Wood, Ogilvie, Shepherd Strutton, and myself were playing at skittles; we drank pretty freely, and staid pretty late; then we agreed to go to my room in George-alley, Shoe-lane, to supper. I had a fowl. We agreed to go out about twelve
Q. Had you seen the house before?
Bagnall. I had about a fortnight before, but had no intention then about breaking it.
Q. Had not you, or either of you, looked at the bolts?
Bagnall. No, we had not. I went to one end of the street, and Ogilvie the other. By-and-by Wood came down the street, and said they had got something. I went home, and Ogilvie went home. It was Wood bid me go to one end of the street, and Ogilvie to the other. We went to see if any body came. We staid there about an hour. Wood stopped at serjeant Nare's house; when he came to me it might be about one or two o'clock.
Q. Where was Strutton?
Bagnall. I believe he was along with Wood; we were all four together when we stopped at serjeant Nares's house. I left Strutton and Wood together in Chancery-lane. I saw nothing done. The next morning I saw them about seven at John Maguines 's house.
Q. Who were there at that time?
Bagnall. Maguines's wife, I, Ogilvie, and Wood. Wood told me he had sold the things to Maguines for 22 l. He said he had sold him a pair of ear-rings, but did not say they were diamonds. Maguines was not at home when I was there.
Q. Where did he live?
Bagnall. He lived in Hockley-in-the-hole; he is a turner by trade.
Q. How much of the money had you for your share?
Bagnall. I had five guineas in money; we divided it in Maguines's room. Maguines's was then at Isaac Lumley 's, as his wife told us; she let us in. Wood was there before us. I think Wood took Ogilvie's share; he was not there. There was some ready money divided, that amounted to about two guineas each, that was divided at the same time.
Q. Did Wood or Strutton say where they had the things?
Bagnall. No; I went up to Lumley's from Maguines's house.
Q. What did the money consist in?
Bagnall. It was guineas. I had seen Ogilvie have a two guinea piece about a week before this robbery was committed. I saw it several times before.
Q. Did he tell you how he came by it?
Bagnall. He told me his mother left it him. He had a good deal of money, I believe 30 or 40 l.
Q. Had you ever mentioned this before the justice?
Bagnall. I had not.
Q. Who did you see at Lumley's?
Bagnall. I saw Maguines there; he was sitting up stairs with a good many people; his wife told me he was there about seven in the morning. I heard there was a feast there the night the robbery was committed. I called Maguines out at the door, and told him, I and Mr. Wood had something to sell. He said, he had not heard any thing of it yet.
Q. Did you tell him where you got them?
Bagnall. No, I did not.
Q. Did you tell him they were stole?
Bagnall. No, I did not.
Q. How long had you been acquainted with him?
Bagnall. I had been acquainted with him some time before this, but I never sold him any thing before.
Q. How came you to go to him then?
Bagnall. It was Wood that was acquainted with him.
Q. Let me understand you: Had Wood sold him any thing before?
Bagnall. I believe Wood had sold him the things before I saw him; but I do not know whether he sold them to him or his wife. He said, he had heard nothing at all of it; I thought he had bought them.
Q. Then how came you to tell him there were some things to be sold?
Bagnall. I can't tell how I came to say so.
Q. Had you not seen him before seven that morning?
Bagnall. I had not; I saw his wife about half an hour after six. It was Wood that sold them. I never saw the silver stand-dish, nor ear-rings. I never saw nothing but the ready money.
Q. What time did you go away from Carey-street?
Bagnall. I came away about two, and went home to bed; they all of them went to their homes.
Q. Had not you appointed to meet at Maguines's?
Q. How came you to go there?
Bagnall. I went down to see him as I often called there, but upon nothing particular.
Q. Which was divided first, the two guineas each, or the five guineas each?
Bagnall. The two guineas each was divided first; that, they said, they took from Mr. Nares's house; the twenty-two guineas were divided not ten minutes after.
Q. Did you never say Maguines was not at home, and you went and hid the goods in the ruins?
Bagnall. No, never to my knowledge. I was taken up upon a thing I knew nothing at all about; and Sir John said, if I did not swear to this, he would indict me for something else.
Q. Do you know any thing of this chissel?
Bagnall. I know nothing of it. I never saw it before now to my knowledge.
Q. Did you not see it when they stopt at Mr. serjeant Nares's house?
Bagnall. I did not see any tools at all.
Q. Did Wood go with you to Lumley's?
Bagnall. Yes, he did. He was in the taproom when I went up stairs to Maguines.
Q. What did you say to Maguines? Tell the very words.
Bagnall. I said, Wood had some things. He said, he had heard nothing of it yet.
Q. Had you made any appointment with Maguines?
Bagnall. No, I had been often out with Maguines at skittles, or a walking on Sundays.
Will. Haliburton. I am a constable. I apprehended Ogilvie on a Sunday, I can't tell the day of the month, it was the day after the robbery, or a day or two after. There was a person with him that I knew to be an old offender. I found in Ogilvie's pocket either twelve or thirteen guineas, three half guineas, a two guinea piece, a twenty-seven shilling piece, a five and threepenny piece, and some silver. This is the two guinea piece that has been produced here. I produced that money at Sir John Fielding 's on the table together. Mrs. Nares was there; she picked out at once the queen Ann's guinea. She said, I believe this to be one that was in a purse.
Q. What did Ogilvie say how he came by it?
Haliburton. He said, his mother had money left her, and he had it of her, but he could not tell where she lodged. He could give no particular direction to find her; first, he said she was in London; after that he said she was gone into the country.
Richard Watkins . I live now in Hare-court, in the Temple; I was apprentice to Mr. Freeland, a stationer, in Carey-street, when Mr. serjeant Nares's house was robbed, over-against his house. I observed three young fellows about the house some days before the robbery, it may be six or seven days before. I believe I should know one of them, he was in a very remarkable dress. He lifted himself up upon his toes, and stood on tiptoe to look into Mr. Nares's parlour. They rather cast their eyes up and down, looking, I presume, at the bolts and shutters of the window. I think Bagnall is one of them by his face.
Q. What time of the day was this?
Watkins. I believe it was about noon, or in the afternoon.
Tho. Barron . Mr. Watkins and I were both in the shop together; I saw them first, and mentioned them to Mr. Watkins. There were three men walked by the door two or three times, and took particular notice of the window-shutters and bolts, and to the best of my remembrance, Bagnall the evidence stood upon his toes, and looked in at the parlour window. I can't say I know either of the prisoners.
Sarah Hall. Bagnall lived in Field-lane. I have seen the prisoners once or twice in company with him. I lived with him about six weeks; I left him about two months ago.
Q. How many beds had he at the time?
S. Hall. He had one bed. He had one room, an upper room. When he went to live in George-alley, Shoe-lane, I left him; I did not stay a night with him there. They came two or three times, and drank a pint of beer together.
Q. Did you ever see them go out together on an evening?
S. Hall. No, never in my life. I cannot be upon my oath that these are the men.
Q. Do you know of Ogilvie's being taken up?
S. Hall. I know nothing about it.
Susanna Barry . I keep a tavern in Goodman's-fields. I have seen Strutton and John Wood in our house together. Once, I remember, Strutton, Wood, and Bagnall had a bottle of wine together in my house; and once, I believe, I saw Maguines with Bagnall at our house.
Q. Do you know the evidence Bagnall?
Q. Had you a feast at your house on the first of March?
Lumley. I had; and I believe Maguines was at it.
Jane Lumley . I am wife to Isaac Lumley ; I know Maguines; we had a feast on the first of March. He came there, I believe, about eight or nine o'clock, and did not go home till next morning. I believe some of them went away at six, some seven in the morning.
Q. Do you know Bagnall?
J. Lumley. I never saw him in my life, nor neither of the prisoners besides Maguines.
Q. Did you see any body come to speak to Maguines?
J. Lumley. I neither saw nor heard any body speak to him. My husband was ill and went to bed; I did not attend to every body that came in and out.
I know nothing at all about what I am charged with.
I know nothing of the matter.
I know nothing at all about it. I am intirely innocent of what is laid to my charge.
I know nothing of the matter. Bagnall is got into some hobble or another, and he would swear any body's life away to get himself clear.
To Wood's Character.
Q. Where do you live now?
E. Banfield. I live at a coffee-house, the Turk's-head, by Westminster-bridge.
Q. Where did he live when you knew him?
E. Banfield. In Shoreditch.
Q. Whether you never heard any harm of him?
E. Banfield. I don't know of any.
Q. Have you never heard any?
E. Banfield. I have heard things reported of him.
Q. Have you not heard he has been in custody several times lately?
E. Banfield. Yes, I have.
Ogilvie, Strutton, and Wood, Guilty Death .
Maguines Acquitted .