Offences: Theft > burglary; Violent Theft > robbery
Verdicts: Guilty; Guilty
Punishments: Death; Death
390, 391. (M.) James Attaway and Rich Bailey were indicted for breaking and entering the dwelling house of Thomas Le Mar , Esq ; about the hour of nine in the night, on the 4th of May , and stealing three silver waiters, value 14 l. three silver coffee-pots, value 10 l. six silver candlesticks, value 24 l. one silver dish, val. 5 l. seven silver salts, and seven silver salt-spoons, value 5 l. two silver sauce-boats, value 6 l. five
James Morris . I am servant to Mr. Le Mar; my master was out of town. On the 4th of May, between eight and nine in the evening, there was a knock at the door; I went and opened it; there was the prisoner Bailey and two others. He delivered a letter to me, saying, it was for my master. Before I read the direction they burst in at the door and shut it, and one of them pulled out a dagger and stabbed me in my belly. I know Attaway was one of them. The two prisoners were two of them; but as for the other, I do not know who he was. Every one produced a pistol. They took a cord from a pocket, and tyed my hands behind me,. They took my watch out of my pocket, and took me by my arms down into the kitchen, having their dagger and pistols in their hands. They did my hands, and made me light them a candle; after that they tyed me again more secure.
Q. Was you much hurt with the dagger?
Morris. I bled a good deal; but was in a condition to go about. They tyed my hands behind me, and brought the rope round my neck, and then round my face, bringing it over my mouth, so that it went through my mouth, and confined it open, and they fastened it behind; then they took me back in a dark place under ground, and bolted me in. In about two minutes time one of them came to see if I was fast. I said, as well as I could speak, I was fast enough, I after some time gnawed the rope in two, which gave my arms liberty. I then thought if I could get a brick out at the top, I might get up into the area, and not stay bleeding there while they were robbing my master's house. I burst open the door; and listened in the passage, to see whether they heard me, thinking if they did, I was a dead man. There is a little sky light. I got hold of a leaden pipe, and got up, and burst the window with my head. In trying to get through, I stuck half in and half out, and could get neither one way nor the other for about three or four minutes, with the ropes about me. At last I got out, and into the stable, and from thence into the coach-house, and out of that into the yard; then I called for help as fast as possible. I went out of the back stable-yard to a public house, and immediately five or six men came. Bailey was taken in the coach-house, and the other jumped into another gentleman's area, and was taken, as I was informed, somewhere in Bedford-row. They had taken the alarm. When I went into my pantry, I found the hinges where the plate was were broke, and the plate all gone. There was a great deal of it; three waiters, two coffee-pots, six candlesticks, one cross-stand, seven saits, seven spoons, two sauce-boats, one soup-plate, five table spoons, one snuffer-pan, three cannisters, a cannister-stand, two mugs, four cups, one little lamp, one cream-jug, all silver. Some of it was found in the coach-house where Bailey was taken, in a green bag which they brought with them. There was only a little girl in the house with me; she was in the kitchen. (The bag and plate produced in court.)
Q. Did you know the prisoners before?
Morris. I never saw either of them before that night to my knowledge; but I saw them so very plain, having time to look at them when they made me light a candle, that I know them very well.
Q. Give an account of what you know.
M. Crouchman. I was at Mr. Le Mar's on the 4th of this month. I remember three men coming into the house that night.
Q. Should you know either of them again?
M. Crouchman. The two prisoners were two of them. They got James Morris into the kitchen and corded him; after they brought him down there was a candle lighted; they ordered him to light it. Then the little man at the bar corded him; then they took him backwards and put him in a back place; I shut myself in the kitchen; they saw me, they had pistols. Two of them went into James's room, that is on the same floor with the kitchen; the other stood with me. They were in the house when the alarm was given; I do not know which way they got out. (The cord produced.)
Morris. This is the cord I was bound with. (A dagger or tuck produced, about twelve inches in the blade.) Bailey had this dagger.
"I should be glad if you have got them
"goods, let the bearer know.
"Your humble servant, Capt. Jones."
This plate that is produced here, was delivered into my care. and has been in my custody till now.
Philip Parker . On the 4th of May I was making candles. I heard murder and thieves called. I was told there were thieves in Mr. Le Mar's house, and they had stabbed the footman. I ran; I found two or three people had hold of Bailey I stepped up to him, and said, Where are your confederates? Said he, They are in the yard, and they are gone over the wall. I went into the coach-house and stables, and then into the yard. I went to go over the wall; there were a great many garden-pots. I did not think it safe to go down. There was a little boy, I let him down; he handed me up this pistol and dagger. Then I was desired to come and take hold of Bailey; I did, and carried him through the coach-house and stable, and brought him into the yard, and sent for Mr. Clay, the high constable, and delivered up the pistol and dagger, that was out of a sheaf. I said to Bailey, How came you to be guilty of this? Said he, I was hired by three gentlemen-like men to go to this house to carry a bag for them, and they said they would pay me; and that one of them had a sweetheart there.
Mr. Dates. I am servant to Mr. Ducham. I heard the alarm the night Mr. Le Mar's house was robbed, after Attaway had got over the wall into my master's garden. Upon calling thieves, we all pursued. I saw him when about half way in the passage. He ran down Bedford-row, and we after him, calling Stop thief! and a soldier got hold of him. I am sure he is the man that I saw in the passage.
Q. Was it light enough to see him?
Dates. It was betwixt light and dark.
I was coming through that yard, I heard thieves called out; I went there to see what was the matter, and they took me. I live in Wapping, and had been to take my leave of a cousin in High Holborn, that was going down into the country. I never said I was hired to carry a bag.
What that man has been saying is as false as God is true. I had been that afternoon to New Bond-street, to enquire after business, and in returning home I met a young woman; we drank a pint of beer together. Parting from her, I was coming through Bedford-row, I heard a noise, calling stop thief! There was a mob; I did not know which side the way the house was on that was robbed. I kept running on, making the best of my way home. (I live in St. Luke's parish.) My way is through Grays-inn. As soon as I came to the top of Bedford-row, people hallooed out, If you do not stop, I'll knock you down. I kept running on. I then turned round, and said, If you mean me, I'll stop and go with you. They came and took me; they searched me, and found nothing in the world about me. I never was in the house, or that passage they speak of.
Tho. Dennis . I am a jeweller in Noble-street, St. Luke's. I have known Attaway fourteen or fifteen years. He is a watch-movement maker, a very honest industrious man. I do believe all that has been sworn against him is abominable false.
Ann Phipps . I met Attaway at Lamb's-conduit passage that night; we went in and drank a pint of beer. When we parted it was about half an hour after eight o'clock; he was going home. I have known him a great many years.
Mr. Panjoaks. I have known him ten years, he worked for me between two and three years. I never knew any thing dishonest of him in all my life.
Both guilty of stealing in the dwelling house .
(M.) They were a second time indicted forJames Morris , in the dwelling house of Thomas Le Mar , Esq: putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. in the said dwelling house of the said Thomas Le Mar , May 4 . *
James Morris gave the same account as before, of their coming with the letter, getting into the house, and taking his watch from him, &c.
Both Guilty . Death .