Offence: Breaking Peace > wounding
Punishment: No Punishment > sentence respited
536. RHYNWICK, otherwise RENWICK WILLIAMS , was indicted, for that he, on the 18th of January last, with force and arms, at the parish of St. James, Westminster, in the king's highway, in a certain public street there, called St. James's-street , unlawfully, wilfully, maliciously, and feloniously, did make an assault on Ann Porter , spinster , with an intent to tear, spoil, cut, and deface her garments and clothes; and on the same day, with force and arms, in the same public street, wilfully, maliciously, and feloniously, did tear, spoil, cut, and deface her garments: to wit, one silk gown, value 20 s. a pair of stays, value 5 s. a silk petticoat, value 5 s. one other petticoat, value 5 s. a linen petticoat, value 5 s. and a shift, value 5 s. her property, part of her apparel which she had on her person, against the form of the statute, and against the king's peace, &c.
Counsel for the prosecution.
Counsel for the prisoner.
The indictment opened by Mr. Cullen; and the case by Mr. Piggott, as follows:
May it please your lordship, and you gentlemen of the jury. You have just heard opened by my learned friend, the most extraordinary case that ever called for the attention of a court of justice. It is an unpleasant task to call your minds to a scene so new in the annals of mankind; a scene so unaccountable: a scene so unnatural to the honour of human nature, that it could not have been believed ever to have existed, unless it had been demonstrated by that proof which the senses cannot resist: but while we are trying the prisoner at the bar, for this unnatural, unaccountable, and until now, unknown offence, we should not forget that he is our fellow being, and give him an attentive hearing. Indeed this case affords a melancholy lesson to our nature, and teaches us not to be too confident of the impossibility of any event, on the principle of its appearing to us to be out of nature; for it must appear unaccountable to us, that any human being, unless impelled by some impulse which cannot be explained,Ann Porter , in company with her sister, Miss Sarah Porter , and an elderly lady, a Mrs. Miele, went to a ball-room at St. James's, to see the dances; before they went from home, they appointed their father and another friend to come at twelve o'clock to St. James's, to conduct them home. Gentlemen, it so happened, that the Queen retired earlier than usual; she retired at eleven o'clock: these ladies not having far to go, and judging it would be inconvenient to stay till the time they had appointed, on account of the crowd of people, left the ball room, and proceeded towards home; they had not proceeded far up St. James's-street, before Miss Sarah Porter said to her sister, make haste, run as fast as you can, and something else which she did not hear; they ran as fast as they could: Miss Sarah Porter first ascended the steps of her father's door; Mrs. Miele followed; and Miss Ann Porter was last: and, gentlemen, just as Miss Ann Porter turned the corner of the rails, to go up the steps, she felt a violent blow on the hip; she turned round, and saw the prisoner stooping down; and when she got in, she found her gown and other clothes had been cut with a very sharp instrument; this is the fact upon which this indictment prosecutes; and the prisoner betrayed a degree of folly, which it is impossible for reason, or for reasonable minds to account for; and which we see so frequently attend the commission of crimes. Williams, after he had given this blow to this young lady, instead of doing that which at first view would occur to any man, to be the part of a person doing such an act, thought proper to look still at her till she had ascended the whole flight of steps, and went into her father's house; so that he gave her the fullest opportunity of discovering who he was. Gentlemen, I think I may venture to state to you, after what I have said, that about the identity of the person of the prisoner at the bar, there can be no doubt. This young lady for some few months after this, had no opportunity of seeing him; but at last, afterwards walking in St. James's-park with another lady, and walking with a gentleman, whom I shall have the honour of calling to you, a Mr. Coleman, who upon observing Miss Porter to be very much agitated, enquired into the cause, and insisted on knowing it; upon which she told him that the person who had wounded her, had just passed her; he insisted she should point him out, that he, Mr. Coleman, might follow him, and take him; for by this time, and some time before this, owing to the exertion of Mr. Angerstein, to whom the public are under great obligations, this became a matter of such great notoriety, that it could be no secret that such a person did exist, and was from time to time about this town. Mr. Coleman in this state of things, prevailed on this young lady, I believe, to think, (inspiring her with confidence,) that there could be no danger; she did so, and pointed him out; in consequence of which, Mr. Coleman quitted her, and followed the prisoner at the bar; the prisoner at the bar must have perceived very soon that he was followed, because he was seen by Mr. Coleman to knock at several doors; and Mr. Coleman on knocking at the same doors, and enquiring about him, found that he neither lived at any of those Ann Porter (for that substantially is the charge in the indictment); and that it was his intention to commit that fact which he perpetrated, I take it for granted you can have no sort of doubt. I understand, on his examination, the prisoner said he should demonstrate his innocence on his trial to the satisfaction of the Court, by proving that he was in another place at the time when he was charged to have committed this crime; that is, that he would prove, what the gentlemen who attend this place more frequently than I do, are better acquainted with, that is an alibi. I shall not anticipate what the prisoner then said: whenever that alibi makes its appearance, undoubtedly it will be the subject of your attention, and due examination; your experience of the world, your knowledge of business, and of human affairs, will, I dare say, have taught all of you long since, that it is either the best or the worst defence in the world; that where it is proved clearly and satisfactorily, supported by witness of a proper description; such in whom you can, against the testimony I shall give you, place full and unreserved confidence, it is undoubtedly a good defence: but if it is not of that description; (and it will hardly be believed that those which I shall produce are perjured, as it can hardly be pretended they are mistaken either in the facts they relate, on the opportunities they had of observing his person,) then it will be for you to say what sort of credit this alibi deserves, about which at present you cannot judge. Gentlemen, this is all I shall have the honour of submitting to you, under the correction of the Court, at present; and I shall proceed by calling the witnesses.
Mr. Shepherd. I believe, Madam, you live in St. James's-street? - Yes, Sir. On
Did you come from thence towards your father's house? - Yes.
Who was with you? - My sister and Mrs. Mead.
Your sister Sarah? - Yes, Sir.
Do you remember any thing particular happening to you as you was proceeding from St. James's street to your own house? - No, Sir, I do not.
Did you make any particular observations on any person that was near you? - No, Sir, I did not.
Did you on that evening see the prisoner at the bar? - Yes, Sir.
Whereabouts did you first see him? - I did not see him till I was at my own door.
Did you perceive any thing remarkable in the conduct of your sister, or the lady who was with you, before you came to your own door? - Yes, Sir; my sister desired me to make haste; and we went as fast as we could; she said something else, but I did not distinguish the words.
At that time you did not know what she meant by saying it? - My sister went first to the door, Mrs. Mead followed her, and I was the last; my sister went first to ring the bell.
Did any thing happen to you at the door of your father's house? - Yes; just as I was passing the corner of the rails I felt a violent blow on my hip; I turned round to see from whence it proceeded, and I saw that man stoop down.
That man? - Yes, Sir; that man.
Before I ask you any other question about what passed at that time, you say it was that man? - Yes, Sir.
Had you ever seen that man before, Madam? - Yes, Sir.
Oftener than once? - Three or four times.
When you had seen him before had he said any thing to you? - Yes, he had.
Did you know him as an acquaintance, or were you under the necessity of meeting him? - I know no more of him than walking in the middle of the day; he insulted me and my sisters with very gross and indelicate language; he walked behind me and muttered.
I do not ask you to repeat what he said to you, but in what manner had he spoke, and what sort of language? - Very gross, and very abusive.
Had that happened to you more than once? - Yes, Sir, three or four times.
At the times when he accosted you in that way had you any opportunities of observing his person? - Yes, Sir; because it was in the day time.
When you was standing at the door of your father's house, and received this blow, and turned round, and saw the man stooping down, did you at that time recognize that man to be the same that had spoken to you? - It struck me immediately to be the same man; I knew him the moment.
How long did he continue at your father's door after he gave you this blow? - I cannot say, Sir; he did not run away: I was very much shocked at the sight of him; I endeavoured to pass on the side of the door: I felt a very strange sensation; and I fancy he must have passed at the same time I did: he stood opposite to me, and stared in my face: he walked up to the top of the steps, on the opposite side of the door I was of, and he stood as close to me as he possibly could.
Had you then a full and compleat opportunity of observing his face? - Yes, perfectly.
Look at him, as he stands there; have you any doubt of that being the person that struck you the blow? - No, Sir, I have not the smallest doubt; I could not have been positive, but I saw him three or four times before; I suffered so much from the insults I received, that it is impossible I could be mistaken; I could never forget him.
In what manner were your clothes cut? - They are here, Sir.
Did they appear to be cut with a sharp instrument? - Yes, a very sharp one.
How long after this circumstance had happened to you did you next see the prisoner?
Did you see the prisoner? - Yes, Sir; we were walking in the Mall; and that man passed me very close.
Did he meet you, or pass you? - He met me, and passed me very close; I was struck with his appearance: I knew him the moment I saw him: I was very much agitated; and Mr. Colman asked me the reason.
Did you immediately recognize him to be the same man? - The moment I saw him; I turned round to look at him, and he was turning back to look at me.
When was the next time you saw him? - At my own house, that evening.
How long after you saw him in the park? - I do not know; about two hours.
Who brought him to your house? - Mr. Coleman.
Did you recognize him when he came into your house? - I was in such a state; I was almost insensible.
Have you had since that time an opportunity of seeing him more than once, and of recollecting whether he is or not the man? - I wanted no recollection; I knew him the moment I saw him; I knew him the next day at Bow-street.
When you saw him at Bow-street was he pointed out to you, or did you know him as soon as you saw him? - I knew him the moment I saw him.
Mr. Knowlys, Prisoner's Counsel. I do not wish, Madam, to ask you any questions to confuse you; I assure you there is no man in this Court that feels more sincerely for the pain that has been occasioned to you by some person or other, than I do: I must ask you a few questions that are necessary to my duty. You say you live in St. James's-street? - Yes.
You say only with one sister and Mrs. Mead you went to the Ball-room? - Yes, Sir.
As you were coming home how far was it in St. James's-street before your sister spoke to you, telling you to run? - A few doors up the street.
You say you did not hear what your sister said when she desired you to run? - I did not.
I take it that flurried you a little? - I was not agitated then: I ran fast: I thought she had some motive.
Did you run as fast as you were well able to run? - I ran particularly fast.
You were at that time ladies unprotected by any gentleman? - Yes.
Have you any recollection at the time, whether the door was open, and your sister and Mrs. Mead had got in before this matter happened? - No, Sir; the door was not opened till after.
I think you describe that you felt a pretty violent blow; very violent indeed? - Very much so.
Before you felt this violent blow you had not seen the person whom you supposed to be the prisoner? - No.
I take it then you was a good deal alarmed, and turned round to see from whence it came: did not the blow give you a very sudden alarm and flutter? - Yes, it did.
How close was the person to the house at the time you turned round? - He was close to the rails, and as close to me as he could be.
In the middle of the street I take it there was a great deal of light? - Our house is surrounded with lights.
You did not observe whether the light was stronger in the middle of the street than near you? - No, Sir, I did not think about that.
Were you at all able to observe the dress he was in at that time? - I know he had a light coat on, which fell across his shoulders; I believe he had another coat under that.
Can you be accurate as to the time when this matter happened? - It was exactly a quarter past eleven: my father and two friends were to come to fetch us; I was rather anxious as the Queen retired so
All the other times you had seen him it was in the day time? - No; once I saw him at Ranelagh, at night, while we were waiting for a coach. (The clothes produced.) This is the gown I had on.
Was that rent in the gown the effect of the blow you received? - Yes.
You can put that in a wearable state without much difficulty? - No, Sir.
(The shift produced, which was cut.)
Mr. Shepherd. Were your petticoats cut as well as your gown? - Yes, just the same.
Your person was hurt, as well as your clothes was cut? - Yes, Sir.
Was it with a sharp instrument? - I did not see the instrument; but it must be a sharp instrument.
Was the street light enough to distinguish any person's face who stood as near to you as the prisoner did? - Yes; it was quite light enough.
Mr. Pigot. Will you please to look at the prisoner at the bar: did you ever see him before the 18th of January? - Yes.
Were you acquainted with him? - No.
Where then have you seen him? - In the street at different times; he has followed me, and talked to me.
Were your sisters with you at the time? - Yes, my eldest, and one of the others.
In what manner (I do not mean to be particular) did he accost you? - In walking close behind me, with his head quite leaned over my shoulder, and talking the most dreadful language that can be imagined.
The most gross shocking language? - Dreadful.
Have you ever heard any other sort of language from him? - No.
How many times might you have seen him in this manner before the 18th of January? - Four times he spoke.
Have you on these occasions observed him particularly? - Yes, always.
Did you then know his person? - Perfectly.
Did you see the prisoner at the bar on the 18th of January? - Yes.
Where? - At the bottom of St. James's-street.
About what time? - At about a quarter past eleven: it was a quarter past eleven when we left the ball; he was standing with his back towards me; he was looking down the street.
Where was you then; was you next the wall or outside? - I was next the wall.
Are you sure it was him? - Oh! I am certain it was him; I knew him before I came up to him; some chairmen was passing by who said, by your leave; upon which he started round, stared in my face, and looked again, and said, oh! oh! and instantly gave me a violent blow on my head, the back of my head.
Upon that what did you do? - I requested my sister to run; I said, Nancy, for God's sake make haste, do not you see the wretch is behind us; a name we always distinguish him by.
There was another lady with you I understand: did you all run? - Yes, as fast as we could; I ran first to ring at the door; while I was ringing at the door I turned round to see if he was coming, and I saw him run past, across the stable yard; he was close to my sister; and he dropped down; I was so terrified, and I looked again; the words were half uttered when he rushed between Mrs. Mead and me; and I saw him strike with the greatest violence, and I heard the silk rent; his hand was shut, I observed particularly.
Was the man whom you saw strike, in consequence of which you heard the gown rent, the same man who had spoke to you in the street four times before? - Yes; I am confident of it; and there was no other man near; but I saw him perfectly.
Was there sufficient light to enable you to discover his person? - The streets were very much illuminated.
What state did you find your sister in? - My sister followed me in; I ran as fast as I could, and I turned round, and he was on the threshold of the door; our passage was very light, which gave me particular opportunity of seeing him perfectly.
When did you next see him? - I saw him the week before he was apprehended go down St. James's-street; I was sitting at work at the front window, and my sisters were standing at the other; I was excessively terrified, and I said to my sister, good God, Nancy, look over the way; and she immediately said, there is the wretch that wounded me; we sent two men after him, but they unfortunately followed another man; the next time I saw him in our own house when he was apprehended, but I saw him in the street first.
When you saw him in your own house who did he come with? - With Mr. Coleman.
Where did you see him afterwards? - In Bow-street.
When you went to Bow-street did any body point him out of the crowd, or did you yourself select him? - Sir Sampson Wright desired me to look round, and I pointed him out directly.
Was he distinguished particularly, or standing indifferently? - He was standing indifferently among the crowd, and I pointed him out.
Upon looking at the prisoner at the bar, have you the smallest doubt that the prisoner is the person? - If I had any shadow of doubt, I would not have sworn to him; but I am certain of it.
Mr. Knowlys. There were a great number of people in the street? - There was less than I ever saw before.
But there was notwithstanding a good many people in the street? - There were very few.
Did you give any alarm to any bystanders? - No; there was nobody near but the chairmen, who passed instantly.
You say the blow was given with great violence? - Yes.
It was struck as hard as the person could give the blow? - I dare say it was.
There was but one blow given? - I have every reason to believe there was two.
You have no doubt but this was given with some sharp cutting instrument? - No doubt in the world.
Did you give any instructions for pursuing the person that evening? - No, I was too much terrified.
Was your father at home, and the servant? - Yes, Sir.
I believe you know in point of fact that there is another indictment against the prisoner, at your sister's prosecution, for cutting her, is there not? - Yes.
Mr. Shepherd. You are the sister of the two last witnesses? - Yes.
You were not with your sisters at the ball-room, on the 18th of January? - No, I was not.
Did you ever see the prisoner at the bar before? - Yes; I have seen him several times.
Did you ever see him at any time when he was with your sister? - I saw him once when I was with my sister Ann.
Did you ever see him accost your sister? - Yes; he accosted us both that time.
Did you hear what he said.
Mr. Knowlys. I object to this evidence, unless Mr. Shepherd means to confirm the ladies; unless Mr. Shepherd means as to having seen him before, I do not know but what it is admissible.
Mr. Shepherd. I do not ask you to express it; but what sort of conversation; what sort of language did he make use of? - The most horrible I ever heard in my life.
Are you sure that the same person was accosted your sister Ann is the prisoner at the bar? - Yes; I am sure of it.
Was he pointed out to you, or did you see him among a number of people? - No, Sir; he was not pointed out to me; but I saw him on the Sunday evening, before Mr. James Coleman came to fetch my sisters and me to see him; and as he was coming I saw him crossing the way, and I ran back immediately.
And you, when you saw him the Sunday evening, you recognized him to be the same man that had accosted your sister? - I did, Sir.
Did you at Bow-street? - I did.
Will you look at him again, and tell me if you have any doubt that that is the man that accosted your sister? - I have not the least doubt, Sir.
Mr. Pigott. Be so good as to look at the prisoner at the bar: did you ever see that man before? - Yes, Sir, several times.
Were either of your sisters with you when you saw him? - Yes, Sir; the first time I saw him my sister Ann was with me.
Did he accost you? - He did, my sister.
In what manner did he accost her; I do not wish you to state the words he used? - In the most horrid manner possible.
Then you heard the words he used? - Yes, Sir, and very dreadful words they were.
Have you any doubt that it is the man that stands there? - No, Sir; I am positive that is the man.
Did you see him at Bow-street, at the time he was apprehended? - Yes, I did.
And you are positive that is the man? - Yes, Sir, I am very positive.
Mr. Shepherd. Do you remember being with Miss Porter on the 18th of June last, in St. James's-park, in the evening? - Yes; I perceived her very much agitated, indeed; and she told me the wretch had just passed her; she pointed him out to me.
Was that the person she pointed out to you? - That was the person.
Did you follow him? - I followed him, and he walked exceedingly fast; I followed him out of the Park, and out at Spring-garden-gate; in Spring-gardens he turned down by Mr. Walter's, the bookseller's, from thence he walked as low as the Admiralty, he passed down the Admiralty-passage; there I am very sure then that he perceived I was following him; he looked up at a house, and then turned round, and saw me; I am very sure he saw I was following him; he walked to the bottom of this passage, which goes into Spring-gardens, and walked up Spring-gardens again; then he went into Cockspur-street, and along Cockspur-street into Pall-mall.
At what distance might you follow him? - I suppose a number of times it was not a yard, sometimes four or five yards; he went up St. James's-street; then I overtook a gentleman, an acquaintance of mine, and he went with me, and we went up to the top of St. James's-street; he crossed over by the White-horse-cellar, and went down by the Duke of Devonshire's wall; then he went into Bolton-street, and knocked at a door in Bolton-street, and went in; he staid about five minutes; he came out again; I immediately followed him; he went down St. James's-street again, and knocked at the door of a china-shop; I was at the step of the door at the same time that he was; a man servant came down to the door; he asked some question; I do not know what; the servant was going to shut the door; I prevented him from shutting the door; the prisoner was then in hearing; and I asked the servant who opened the door, whether he knew the person who knocked at the door just now; he said, no, he did not know him; I then followed him up St. James's-street, and along Bond-street; in Bond-street I did every thing that laid in my power to insult him, by walking behind him, and walking before him, looking at him very full in the face, and making a noise behind him; I used every at I could to insult him; he would not take any insult; he never said a word; I followed
Had he an opportunity of seeing you going from Vere-street to South Moulton-street? - Yes.
Did he say any thing to you? - Nothing at all. he went into this house in South Moulton-street, and I was going to follow him in; for I then came to the determination, within myself, that the next house he came to I would follow him in.
Did you follow him in? - No; I was prevented by the master of the house; the prisoner was present; I asked Mr. Smith to see the prisoner; Mr. Smith introduced me to the prisoner, in the dark, in the front parlour; he desired I would walk into the parlour; I began to make an apology for my rude behaviour to this gentleman; and I told him I thought it was very odd he did not take any notice of my manner of proceeding; I told him I had come to a resolution to know his address, and would give him mine; he said he thought it was very proper that I should assign some reason for my wishing to know his address; I did not know what reason to assign; I was a little agitated; I did not like to say, Sir, you are supposed to be this Monster; and I told him at last that he had insulted some ladies that I was very intimate with, that I was walking in the Park with one of the ladies, and she had pointed him out to me, and that as far as lay in my power I would have satisfaction for that insult; he said, good God! I never insulted any ladies in my life; I told him I could not then proceed any farther with him, for I was not sure he was the man; but he must favour the ladies with a sight of him; Mr. Smith said, that I talked very fair, and that he thought it was very proper to give his address to me; all this while we were without light; I then said to Mr. Smith, I am ashamed to behave so rude in your house; but I should be very much obliged to you to let us have a candle; a candle was brought; Mr. Smith wrote my address, and then the prisoner's. (The address handed to the Court and read.)
"Mr. Williams, No. 52, Jermyn-street." When the light came I said, good God! Williams! Williams! I have some recollection of you; I think I know you: he said, good God! I think I know you too; and he asked me if I was not introduced at a ball in Bond-street, to which he belonged? I told him, no; but I recollected being introduced to a little assembly that he had belonged to; I said, it is very odd I should follow you so long, and not know you before; he said, it is very odd I should not know you: we went contrary ways; I went up South Moulton-street, and he went down South Moulton-street.
Did you go to No. 52, Jermyn-street? - No, I did not; I walked down Bond-street; and I considered within myself that I had acted very improperly, in letting him go; I overtook him in Piccadilly, near the top of St. James's-street; he said to me, we meet again; I said, yes, we do meet again; walking down St. James's-street, I said, good God! Williams, I do not think you are the person I took you for; if you will give the ladies an opportunity of seeing you this evening it will be better; he said it is late; I said, it is late, but it is not far from here where the ladies live; we walked down St. James's-street, nearly opposite Mr. Porter's door; I then asked him to cross the way; we were crossing over the way together; nobody was withSarah Porter , and Miss Ann Porter , exclaiming
"oh my God! Coleman, that is the wretch."
Did you say any thing when you introduced him? - No, Sir.
Before they exclaimed in this way, and fainted away, had you particularly pointed him out as the man, or had you only introduced him into the parlour? - No; I desired him to walk in.
How did the prisoner conduct himself at the time they fainted away? - He did not conduct himself in any particular way; I thought he possessed very great resolution in case he was the guilty man.
Did he say or do any thing when the Miss Porter's cried out, that is the wretch? - He said, the ladies' behaviour is extremely odd; he said, good God! they do not take me for this person, about whom there has been so many publications? I answered, it really is so, Sir; I do not recollect he made me any answer to it.
How long did he stay there? - He was there an hour: Miss Porter thought proper to send for some ladies: I heard him say once or twice that the ladies were prejudiced.
Court. What answer did he give, or did he give any when you said it really was so? - I do not think he said any thing; I cannot say; I did not make any particular observation.
Was you ever at the prisoner's lodgings? - No.
Mr. Knowlys. When you gave your reasons for wanting his address he gave you an address where he was to be found? - Yes.
When he got to Miss Porter's he was not at all embarrassed? - Not in the least.
Mr. Piggott. Did you ever see the prisoner at the bar before? - Yes, Sir.
Did you go to his lodgings? - Yes, Sir.
Where did he lodge? - In Bury-street, Jermyn-street, St. James's.
At what house? - The George public house.
What lodging had he there? - It was a room where there was two beds in that room, and a little room parted off; and in that there was another bed; but there was no way in but through the two bedded room.
What sort of a public house? - I believe they are good people.
An ale-house? - A common beer-house.
Did you search his lodging? - Yes; in the lodging I found these two articles in a box, which I understood had been opened the day before by somebody else.
Did you find any clothes? - They are here; a coat, a hat, and a pair of boots.
Did you ever see the prisoner at the bar at his mother's? - I did not.
Did you shew him these clothes you found at his lodging? - Yes.
What said he? - He said they were his.
What is it? - It is a coat; it is lappelled; I have seen him myself in this coat before.
And he acknowledged it to be his coat? - Oh, directly.
Mr. Knowlys. You say that the lodging was not a dear one; the people were good? - As good as any that keep a public house.
That is a close bodied coat? - Yes.
Is it a coat to wear over another? - No, I think not.
(Shewn to the jury.)
Jury. It is not a surtout coat, certainly.
Court. What number was it? - I do not know the number.
How do you know that was the prisoner's lodging? - Mr. Addington directed me there.
Did you ever hear the prisoner say he lodged there? - I did.
Court. Is Bury-street a distinct street from Jermyn-street, or is it in a direct line? - No, my lord, it is a cross street.
Court. I wanted to know whether the direction he gave, No. 52, Jermyn-street, might apply to the house in Bury-street. Where did the mother live? - In Duke-street, in the same neighbourhood.
Does Duke-street go out of Jermyn-street too? - Yes.
What number did the mother live at? - I do not know.
Nor do you not know what the number of the house was that you searched? - No.
Whether a direction, No. 52, Jermyn-street, might carry a man to that house in Bury-street, which goes out of Jermyn-street, in order to search for any person they wanted; in short they are totally distinct streets? - I should not look for it in Bury-street.
Court. Macmanus's evidence is perfectly irrelevant to the case, as to the circumstance, whether the residence of the prisoner does or does not correspond with the card given to Coleman.
Court to Coleman. Was that address which the prisoner gave you in writing, one that he wrote down after you asked for his address, or had he it ready written before? - Mr. Smith wrote it.
By his direction? - Yes.
- TOMKINS sworn.
From the nature of the wound which she had, must it have been made with a sharp instrument? - A very sharp instrument.
Did you examine the clothes? - I did; I examined the gown, which was considerably cut, and the petticoat two; I am not sure whether I saw the shift; I believe I did not.
Did it appear to be done with the same instrument, and at the same time? - Certainly.
How deep was the wound? - The first part of the wound was only through the skin, the middle part was at least three inches or four inches deep; and then it ran about three inches more through the skin only.
Court. What was the whole length of the wound? - I believe between nine and ten inches.
Mr. Knowlys. Whether a cut with a sharp instrument, merely to cut the clothes, would have wounded so deep as that? - No; that I do not know; it must have been with great violence; part of the blow was below the bow of the stays; if not it would probably have pierced even the abdomen.
Mr. Knowlys to Macmanus. You called at his mother's house? - Yes.
Was not it the corner house of Duke-street and Jermyn-street? - Yes.
Was it No. 52? - I do not know; it is a perfumer's shop.
Court. In which street was the door of his mother's house? - I went in at Jermyn-street; I do not know whether was any other door or not.
Court. Prisoner, would you say any thing for yourself?
My lord, and gentlemen of the jury. I stand here an object deserving your most serious attention: from conscious innocence of the very shocking accusations made against me, I cannot but hope that just and really liberal minds must have reason to suppose the nature of such an unaccountable case, does not enable me to speak; therefore I beg permission to read my defence. I stand here an object deserving your most serious attention and compassion: from conscious innocence of the very shocking accusations made against me, I cannot but hope that just and really liberal minds will have reason to commiserate my situation, and must feel me deserving pity and compassion. As my case has been multiplied in horror, though with submission I think, in comparison, far beyond even the sufferings of my accusers: I admit, in justice,
(The witnesses for the prisoner.)
AMARVEL MITCHELL sworn.
(The witness being a foreigner, an interpreter was sworn.)
Mr. Knowlys. What business are you, and where do you live? - A flower maker.
Where do you live? - No. 14, Dover-street, Piccadilly.
Do you know the prisoner? - Yes.
Was he at any time a servant of yours, working for you? - Between eight and nine months he worked with me.
Was he a servant of yours in January last? - Yes.
Was he at work with you on the Queen's birth-day, the 18th of January? - Yes.
How long was he at work with you on that day? - He worked from nine in the morning, till one; he returned at half after two, and worked till twelve at night; and then after that he supped with me, and staid till half after twelve; we usually only worked till nine o'clock; on that day we worked till twelve; we supped at twelve.
Are you, or are you not sure that the prisoner was at work all that time, from half past two till twelve, when you went to supper? - Yes.
At what time did the prisoner quit your house? - At half past twelve at midnight.
If he was absent any space of time, must you have observed it? - I should certainly have perceived it, and taken notice of it.
How many persons were there employed in the house with you? - Myself, my sister, two workwomen, and the prisoner; the workwomen lodged at the house.
Are you a married man? - Yes; my wife was not in town.
How many servants had you? - The same persons do the houshold business as work with me.
What character is the prisoner? - I can give him the best character that a man can have.
Did he behave with civility and good nature to the young ladies that worked with him in the house? - Always perfectly well; no reproach at all to the man; there were two people that were at work that day, that did absent themselves two or three times; one went out at eleven; and the women went out at half after.
Mr. Piggott. How long have you been in this country? - Almost four years.
Have you the whole of the house in Dover-street, Piccadilly? - Only the ground floor.
How long have you known the prisoner?
Nobody introduced him? - No.
You took him in that way. What does your family on this ground floor consist of? - Myself, my sister, and two work-women.
Who are the people that work at these artificial flowers? - Three women.
Does any man work at this artificial flower work, except the prisoner, at your house? - I have one man to cut out the flowers; that was the man that went out at eleven o'clock the same night; the other went half an hour after.
Then there is no man who worked at the trade, but the prisoner, the other three being women. At what hour in the evening did they generally leave work? - At nine.
How many times in the year may you have worked till twelve at night? - We were very full of business for about a fortnight before this; commissions from Ireland; and the prisoner always worked extra hours with the rest.
Do you mean to say, that every evening for fourteen days before this, you worked till twelve at night? - I cannot say every day for the preceding fortnight; but every day for the last nine days.
How many days then in the preceding fortnight, had they worked till twelve at night? - I cannot take upon myself to say that, or the number of days; but I think for seven or eight days during that time, we worked till twelve at night.
And it was within a day or two? - I cannot charge my memory; but some times, an indefinite number of times, we have worked till twelve at night.
Will you swear that ten times in the course of the year, you have worked till twelve at night, exclusive of the fortnight you have mentioned? - I cannot take upon myself to swear ten days preceding that fortnight.
Then I understand that he will not swear, that in the course of three hundred and thirteen working days, before that fortnight, they had worked till twelve at night? - I might be subject to error, whether it was twelve, or a quarter after.
What day of the week was the Queen's birth-day? - On Monday.
What time did you go home that day? - I returned home about six in the evening.
What time did you go out? - About three o'clock.
Had you no curiosity after six o'clock, to go out that evening? - I could not, for a commission from Ireland demanded my attendance at home.
Then having this extraordinary work, how came you to indulge your curiosity in going till six o'clock? - The extraordinary order came to me after I came home at six in the evening, during my absence in the morning; it was an order for a lady's gown, which pressed me particularly.
Then that was the reason for working till twelve at night? - Yes, because it was a work that was to be finished; and I promised to do it against the next morning, for which reason I kept the prisoner so late.
For whom was that gown? - For Mrs. Abington.
Then if it had not been for that order from Mrs. Abington, you would not have detained the prisoner at home? - Certainly not.
What time might this order come? - In the interim of my going out and coming home.
Was it a written order? - No, it was not.
Who brought it? - Mr. Jerfo; he is a Frenchman.
What is he? - He is a merchant.
Where does he live? - I think it is in Castle-street, Leicester-fields.
When was this gown to be got ready? - There was no determined time, but as soon as possible; I delivered it between ten and eleven the next morning.
Had none of your working people gone out, led by the attractions of the day, in
Then the three English women did not assist in the gown? - I gave them leave at one o'clock to leave work for that day, and to come the next morning.
What time did these three English women come home? - They did not come back that day.
Who then did work at this gown, after the order came in, till twelve at night? - The prisoner, my sister, and two work-women who lodge in the house.
Who are the two work-women? - Two English women that lodge with me.
What were their names? - One is Catherine, and the other is Molly.
Why the three work-women had gone out. What were these two women? - The other three do not lodge with me, but these two do.
These two girls do not usually work at flower work? - One of them does; the other generally does not; however that day I did employ her in some of the work.
What is the name of the one that usually does not work at that work? - Molly; she did assist in some degree that night.
Then what is Molly's situation commonly in this house? - She did the household business.
Do you commonly work at the business? - I always do.
Upon your oath, had not you and the prisoner at the bar, been out that day together? - Certainly not.
You had? - I had not.
Where did the prisoner dine that day? - I do not know.
Did the prisoner usually eat in your house? - Whenever I employed him beyond nine in the evening, he used then to sup with me.
Then only on those occasions he supped with you? - Only on those occasions.
At any other time he never eat in your house? - Never, but when there was extraordinary work, and I wished to have his assistance.
Did the prisoner then work constantly at this work in your house? - The prisoner never came to my house but to work only.
Did he constantly work at your house? - During the eight or nine months that he worked with me, he never absented himself; and I do not recollect giving him leave above once or twice.
What were the whole number of hours in the day, which the prisoner, during this eight or nine months, worked constantly at this flower work? - From about nine in the morning, till about a little after one in the afternoon; and after dinner time, till nine at night.
Then during all these eight or nine months, from nine in the morning till half past one, and again from two, till past nine, the prisoner at the bar never was in the streets? - No, only with the exception of one or two times, that I gave him leave to be absent, he never was in the streets unless it was on commissions which I had given him.
Did you use often to send him out on errands? - Not above once or twice in all that time, as I believe.
What time at night did the prisoner quit you? - Half after twelve at night.
Did not you look at your watch just at the moment the prisoner was going away? - I cannot say I looked at the watch.
Did you look at the clock? - I did not.
Then how durst you swear positively that it was half past twelve at night, when the prisoner quitted you? - I only know by the maid looking at the clock, and saying that it agreed with the watchman going the hour.
Then at that moment the prisoner was going out, the maid said she looked at the clock, and that the clock agreed with the watchman, who then cried half past twelve? - The maid looked at the clock, hearing the watchman cry the half hour, and told me how well the clock went, agreeing with the watchman.
Where stands this clock? - In the parlour, which you must go through to go out of the house.
What is the distance between the parlour and the workshop? - A little court between the two rooms, in one of which I was, and in one of which the prisoner was.
Who let the prisoner out at the door? - Molly.
Was it Molly that made the observation on the time? - Yes.
Where did she make the observation? - I cannot exactly recollect; it was not to me, but to my sister, and my sister reported it to me.
Then you did not hear this girl make the observation at all? - No.
When did your sister first tell you that this observation had been made by Molly? - It was some time afterwards, not at that time, nor that day.
Court. How long afterwards? - About a fortnight or three weeks from this time; this maid lived no longer with me, and we called upon her to know if she recollected any thing.
Do you cook your victuals in your own house? - Yes.
What had you for supper that night? - I do not recollect.
When did you next see the prisoner after that again? - He came back to work the next morning.
Do you mean at his usual hour? - He came early the next morning.
Who was that Irish order from, that you spoke of? - From a Mr. Crowe.
Where does he live? - In Ireland: he was here in person when he gave that order; there is the written order.
Where did he live? - At the end of Piccadilly; it is in there.
Do you know Mr. Crowe's residence in Ireland? - I do not remember it; I have the direction at home.
When did Crowe quit this country to go to Ireland? - About eleven or twelve days after the birth-day.
When did you first recollect that all this happened on the Queen's birth-day? - The prisoner sent to me to know if I could recollect those circumstances of that day.
Then it was not from any circumstance that occurred in the course of the day that your attention was particularly directed to it? - No.
Have you ever in the course of your life walked out with the prisoner? - Never, unless by chance, about our business.
Was the witness at home last night? - Yes; but I walked out in the evening with a friend of mine, and returned about six in the evening to tea.
Did you happen to pass that house last night, or where did you walk last night? - I did not pass by that house yesterday, I came from Marybone through Grosvenor-square, Berkley-square; I recollect now that I did not go out after the time I returned to tea in the evening.
Is not that the walk you described when you was out yesterday in the evening? - I went through Bond-street, and so straight up to Marybone; then down the fields to the turnpike; then to Berkley-square, Grosvenor-square, and home: I now recollect I went out afterwards to settle a bill in Jermyn-street with a carpenter; I did not find him at home; I then went to Duke-street, where I met an acquaintance and conversed with him a short time, and from thence I returned directly home.
Then that was the whole of your walk the second time? - Yes.
Then you was not in the Green Park? - I was not.
And all the rest that you have sworn today is just as true as the last, that you was not in the Green Park yesterday evening? - Just as true.
Then, not being in the Green Park, I need hardly ask you whether you accosted any ladies in the Green Park yesterday evening? - No, I did not address any ladies in the Green Park.
Have you the least doubt in your own mind that the facts that you relate took place on the Queen's birth-day last? - I am firmly persuaded of that.
What is the name of your friend that you took with you? - Mr. Jerfo: he is not here; he is at my house, to take care of it in my absence.
Court. Let that witness not go out of court.
Mr. Knowlys. Where do you live? - In Dover-street, Piccadilly, with my brother; that is, the last witness.
Do you know the young man at the bar? - It is Williams.
Was he employed in January by your brother in his business? - He has worked there for about eight or nine months.
Do you recollect his working there in January last? - Yes.
Do you remember the Queen's birthday? - Yes.
How long was he at work there on that day? - He staid till half past twelve, for he supped with us.
Was he absent any part of the day from your house? - He absented himself only at dinner-time, as usual; he came soon after, and worked with me all the day.
Can you be sure that the prisoner did or did not quit the house from the time he returned from dinner till half past twelve, when he left it? - He did not go out all that time, from the time he returned from dinner till half after twelve.
What was his behaviour to you and the ladies who worked there, was it good-natured or not? - I cannot but give him the best of characters in that respect ever since the time he has worked with us.
Are you perfectly sure he did not quit the house from the time he returned from dinner till half after twelve? - I am.
Cross-examined by Mr. Shepherd.
Was it a customary thing to work as late as this at your brother's house? - It is not.
Had they worked often as late as that about that time? - For about three weeks we were very much pressed to work, and had been busy particularly that day.
But the whole of the last three weeks you had worked late, was you not working to complete an Irish order? - We had a great deal of work for Ireland.
Then you was as much hurried that day as you had been for three weeks before? - The same.
Had you the same reasons for working late that day as you had before? - About six o'clock there came an order from Mrs. Abington.
When did the other two women go away? - They went away at half after eleven; they did not work on Mrs. Abington's order.
When had you promised Mrs. Abington's order to be done? - At eight o'clock the next day we promised it, but we could not finish it till between nine and ten.
What were the names of these women? - There were two worked, but one was a man, and the other a woman, a young girl, the daughter of a taylor; one went away at half past ten, and the other at past eleven: the man went away at eleven, and the girl at half past ten.
Had any other persons but these been working at your brother's that day? - No others.
What sort of work had those two persons that went away been used to do? - They worked at the same sort of work.
Such work as Mrs. Abington ordered? - Yes.
They had not been working at that at all? - They did not.
Who came with Mrs. Abington's order? - Mr. Jerfo: I was there, and I think my brother was there: he did not give the order to me particularly; I think it was to my brother.
Did Mr. Jerfo point out the sort of work to you, or did he say what sort of work it was? - He came to us, and shewed us a pattern that we suppose he had from Mrs. Abington; he drew a pattern, and brought it himself in the evening.
So that, in fact, you and your brother took the order, and then you all set to work? - Yes.
Was your brother out that day, or was he hard at work? - He was not out all the evening from six o'clock when he returned, when we sat to this work.
About what time did Jerfo come? - About six o'clock.
Was your brother at home when Jerfo came? - He was there, and received the order with me.
Had you any other people, the day before or the day after, at work, except those you have mentioned? - No extraordinary work-people, neither the day before nor the day after.
Had you any other work-people but those you have spoke of? - The next day there were ten or eleven, because on the birthday three of them had desired to go out.
Name the names of all those that were present when Williams went away that night: - My brother, myself, two women that lodged in the house, and a man who came in to fetch work that night before the prisoner left the house.
When Williams went away, who let him out? - One of the maids.
Which of them? - We call her Mary, but we do not know her Christian name.
Did the prisoner work as late as this at any time after that day? - He has worked some other days since that, but I cannot recollect on what days.
What makes you think it was so late as half past twelve? - Because the maid came in, and said, that when she opened the door, the watchman went half past twelve; and she made a remark, that the clock went extremely right, for it agreed with the watchman.
Do you mean that the maid stated that at that time? - I do not recollect that the maid mentioned the circumstance at that time; but since that time she came and told us of it, and made the remark voluntarily: we sent to the maid, to know if she could recollect the circumstance; and then it was that the maid stated the fact about the watchman and the clock.
How long ago was it? - Since the prisoner was apprehended.
Did that maid usually let the prisoner out at the door when he went away, if he staid late? - She did that night; but it is not customary for her alone to do it; sometimes her, and sometimes other people.
Did you ever talk with this maid about these circumstances till after the prisoner was apprehended? - Never; it was impossible for her to do it; she did not know any thing about it.
So that she had no other reason to observe any thing that happened that night more than any other night of the working days? - No; all this I have heard since he was apprehended.
Court. Did your brother carry on a large trade? - Very largely, for a great many ladies.
Does he keep any books? - Yes.
Do you know who was made debtor for Mrs. Abington's gown; was it Mrs. Abington, or Jerfo? - Mr. Jerfo.
Are the books here? - No; it was delivered to Mr. Jerfo, and he stands in the books.
Court. Let an officer go with Mr. Mitchell for his books.
Mr. Mitchell. My lord, shall I call on Jerfo, and bring him with me?
Court. Yes, you may if you will.
Mr. Knowlys. Did you live in January last with Mr. Mitchell? - Yes.
Did you live in the house? - Yes.
Did you know the prisoner? - Yes.
Did he work with Mr. Mitchell last January? - He did.
Was he at work for him on the Queen's birth-day? - He was.
Was you at work there on the Queen's birth-day? - I was.
How late did you work? - Till near one; I was not out during the course of the day.
How long was the prisoner at the bar at
Now from two till half past twelve are you able to say whether he was absent or not? - He was not.
Are you sure of that? - Positively sure of it.
Had you a deal of business at that time? - We had.
Did he sup there? - He did.
How do you know it was half past twelve? - Because my sister related to me, in coming along, that when she had opened the door, it was half past twelve.
How long has the prisoner worked in the house? - Near upon nine months.
How was his behaviour to you, was he civil and good-natured? - Always so.
From the opportunity you have had of judging of his character, do you think him an ill-natured man or a good-natured man? - A very good-natured man, and a man that is very sober and attentive.
The Queen's birth-day is a remarkable day in your business? - Yes.
Are you quite sure of the day? - I am positively certain.
Cross-examined by Mr. Pigott.
It was not usual to work so late? - No.
Nine o'clock is the usual time? - Yes.
Was the prisoner quite constant at his work? - Quite constant; he worked the usual hours.
Never missed at all? - He might miss once or twice for a few hours; then he always asked leave to go.
How long have you lived there? - Three years.
And never lived any where else all that time? - No.
You worked constantly? - I did.
The prisoner supped this night at the house, I think you say? - Yes.
And your sister let him out? - Yes.
Ever since the prisoner was apprehended did your sister tell this circumstance that she heard the watchman call half past twelve? - No, Sir: I recollect her coming into the room where we had supped, and she said to me, it is half past twelve, and I am afraid it will be too late for Williams to get into his lodging.
Then your sister had some anxiety for Mr. Williams? - No further than he mentioned, in the course of the evening, he was afraid the door would be shut. On the morning afterwards, he related that the clock struck one when he went into bed. Her fear was such as any body would entertain for a person being out, and shut out, that is not used to be out late.
Now it was quite unusual for Mr. Williams to go out at half past twelve? - It was then, because we had not been so busy; of other nights he might stay.
What was his time of coming and going? - Oh, Sir, he used to come at nine and go at nine.
Your sister was alarmed? - She was far from being alarmed, only she thought it might be too late.
Then he never staid out so late before? - I cannot say; I have nothing that can bring it to my recollection; he never staid so late as half past twelve before, to my remembrance; he may have done it.
Then you never recollect that he ever staid till half past twelve any night? - Since that he has very often staid so late; for several weeks he used to stay late, when there was work in hand.
How many times afterwards may he have staid till half past twelve? - I cannot call it to my memory to say particularly, on my oath, that he has staid once to that time; I cannot.
Will you take upon you, upon your oath, to say, that the prisoner ever since that staid one night till about that hour? - Oh, yes, Sir, he has staid several nights, and later than that, if possible; but that day, having worked particularly, I am perfectly sure to that day.
How long have you and your sister been acquainted with Williams? - Ever since October last.
Did you ever happen to visit him at his lodgings? - No, Sir, never: he lodged,
Do you know where he lodged in June last? - I believe at the George, in Bury-street, St. James's.
How long had he lived there? - I cannot positively say.
Where was you when your sister came in and made this observation about the watchman? - I was in the workshop, where we had been supping.
Who was with you? - Mr. Mitchell and Miss Mitchell, and another gentleman: when my sister came in and made this observation, she spoke to me in English, therefore they might not know what she said.
In general you speak French in this family? - Yes, Sir, generally.
You speak French, and your sister speaks French too? - Yes.
The common conversation of the family is in French, is not it? - Yes, unless we talk by ourselves.
Had not you been conversing on that evening, and all that day, in French? - Yes, but my sister generally spoke to me in English, whenever she spoke to me; not one time in a hundred, I can say, that she spoke French, because she could not speak French then so well as to speak it.
Why you told me you had been speaking French the whole evening? - Certainly, Sir; because whenever we spoke, we spoke in French.
But this observation was in English? - Yes, it was.
Was the workshop near the street? - Yes, the shop-door was, the door my sister opened to let him out at.
Why can you hear the watchman perfectly well in the workshop? - Yes, when we are still; but I did not hear it.
Is there any clock in the house? - Yes, in the parlour.
Now, Miss Alman, recollect yourself: upon your oath, when did your sister make this observation to you? - After she shut the door, she came straight from the shop-door into the back shop, where I was, and related the same I now tell you.
When did you first recollect this observation of your sister's? - Never till since I heard that Mr. Williams was taken up; one observation and another brought them all to my memory; I had no occasion to recollect it before.
But then you did recollect this observation on the watchman? - Yes.
Did Mr. Williams lodge any great distance from this house? - He lodged in Duke's-court.
Court. Why is the Queen's birth-day remarkable in your business? - We had some orders for Ireland that were to be done in a great hurry, and we had another order for a dress for Mrs. Abington, which we finished the next morning, and sent it home to Mrs. Abington; if the receipt will be of any use to produce it, the things were delivered to her the 19th of January; the receipt and the books will prove it: we received the order for the Irish goods on Sunday.
Mr. Piggott. What time were those Irish orders to be finished? - On the Wednesday following: he received the order for Mrs. Abington's dress on the 18th of January, and he would not begin it till he had finished the orders for Ireland.
What quantity of work had you to do for the Irish orders? - I could tell by referring to the book; we could not get it done the day it was ordered.
How long might it be? - The latter end of that week, or the beginning of the next.
Who worked on Mrs. Abington's gown that night? - My sister, and Mr. Williams, and Mr. Mitchell.
Any body else? - Nobody else that night.
Was there any body that could work on it besides you? - Yes, there was a French gentleman that worked there, and another person, and Miss Mitchell; but I do not recollect working upon it myself. Mrs Brady and Mrs. Cameron were at work the former part of the day.
What work were they upon the former part of the day? - Some part of the day I recollect they were mounting the pearls for Mrs. Brett, of Vauxhall; but we had different work; they did not help about the Irish work at all that day.
MARY ALMAN sworn.
Mr. Knowlys. Where do you live? - I lived, in January last, at Mr. Mitchell's, with my sister.
Do you know whether the prisoner lived or was at Mr. Mitchell's house in January last? - He worked there.
Do you recollect the Queen's birth-day? - Yes, I do.
Did he work that day? - Yes, he did; he worked there all day.
Was he absent any part of the day? - I do not know; the former part of the day, not the latter.
What was the usual time of his being absent in the course of his work? - At one o'clock, either half an hour or an hour.
Can you say how long he staid on that day? - Till half past twelve at night.
From what time do you think he was not absent from the house? - From three or four in the afternoon he was not absent till half past twelve at night.
Did the prisoner sup there or not? - Yes.
How do you know that it was so late as half past twelve when he quitted the house? - Because I looked at the clock, and I heard the watchman go as I let him out.
If he had been absent half an hour, or an hour, must you have observed it? - Yes, I must; because I had been sitting with him the whole time.
Did you work at the business? - It was the first time I ever did work at that work.
Is he a good-natured or an ill-natured man? - He is a good-natured man, and bears that character.
Cross-examined by Mr. Shepherd.
This day, this Queen's birth-day, was no holiday to you? - No.
How long had you lived with Mr. Mitchell before this Queen's birth-day? - I cannot tell.
A month, or two months? - I lived with him in all but six months; I had but just come to him.
Was it unusual for Williams to stay so late? - Yes, it was; I do not think he ever staid so late.
Had he ever staid beyond his working hours before? - No.
Never? - I do not know; I am not sure of that.
Had you lived there a fortnight before this time? - Yes, a fortnight, or a month.
During that time had the prisoner staid so long after his working hours at any time? - Yes, sometimes he did, but not very lately; I look upon that to be the latest night he ever staid.
But he had staid after his working hours? - Yes; my master was very much hurried at that time.
What orders had he that hurried him so much; what particularly hurried him that night? - It was the Queen's birth day, and he had some dress that he was to get done.
You was at work in the back shop all the afternoon? - Yes.
When did they begin that dress? - In the afternoon; I do not know from what time; I was in the back shop from four o'clock till half past twelve at night; I helped in doing this; I do not know what time it began; we did not begin till the evening.
To whom did the order come? - I do not know; nobody came into the shop to give the order while I was there.
Did any body come in to give orders? - No.
How big is this room? - A very large room. What time of day was Mr. Mitchell out? - That I cannot tell.
Do you remember his coming home that evening? - No, I do not; Mr. Mitchell had been out, and came home to work, but I cannot recollect what time it was; I recollect he was at work the whole evening with me.
You did not take particular notice, you had no particular reason for noticing any thing that day more than any other? - No; I did not know who the dress was for, nor when it was to be finished.
Who worked at it? - Me, and Mr. Williams, and Mr. Mitchell.
Who else was at work in the shop? - There was Miss Mitchell and another lady, I do not know her name; I do not recollect who else.
What time did this other young woman go away? - That I cannot tell.
You let Mr. Williams out? - Yes, Sir, I did.
How came you to look at the clock? - He asked me what o'clock it was, and I looked at it to tell him.
Pray was he going through the same room as you was? - Yes.
Had you a candle? - Yes.
Why could not he look himself? - He told me to look, and I looked; I let him out, and came back again into the shop.
How long ago is it that you was applied to, to recollect these circumstances? - That I cannot tell.
When was you first asked whether you could not remember all these things, since Williams was taken up? - I fancy about three weeks ago.
Who applied to you first? - My sister.
Did Mr. Mitchell and Miss Mitchel apply to you? - No.
Did you tell your sister when she applied to you to recollect these circumstances that you had looked at the clock to tell Mr. Williams what o'clock it was? - Yes.
Had you ever told her so before? - No.
That was the first time you had ever told her it was exactly half past twelve when he went away? - Yes, Sir; it was the first time.
You are sure of that? - Yes; I am sure of that.
How many times had you worked late during the time you had been there? - We had not worked late before while I was there.
You had not been in a hurry before? - No.
Not for three weeks before? - No.
How came you to be in a hurry? - About this dress.
And so they set you about this dress, who had never worked before.
Mr. Knowlys. I understand your situation right; you were the person employed to do the household work? - Yes, I was.
Mr. Shepherd. How long had you known Williams before? - I do not know how long; only while I lived at Mr. Mitchell's.
Had you any particular anxiety about his conduct that night? - No, Sir.
Not at all afraid that any mischief would come to him? - No, Sir.
You had not said that you was afraid he would be too late at his lodgings? - No.
Mr. Knowlys. Had he expressed that fear to you? - He had.
Court. Did you work the whole of that day, or only part of it? - I worked from four o'clock.
Was you in the shop all that time? - Yes, I was.
Do you know any body of the name of Jerfo? - Yes, I do.
Did you see him about that time at all? - Yes; I saw him about four o'clock in the afternoon, at Mr. Mitchell's, in the back shop.
Do you know what he came for? - No, I do not.
Did you hear any thing he said? - No.
How happened that? - I did not pay any attention if I did hear.
Mr. Knowlys. Did you work for Mr. Mitchell in January last? - Yes.
How long? - I cannot tell rightly; about three months.
Do you know the prisoner? - Yes.
How long had you worked while he was working for Mr. Mitchell? - About six weeks.
Was you at work at Mr. Mitchell's on the Queen's birth day? - Yes.
Was the prisoner there on that day? - Yes.
Was he at work? - Yes.
Till what time did you work there yourself? - Till half an hour past eleven.
Are you sure it was half past eleven? - Yes.
Where is your home? - In Coventry-court.
How far is that from Mr. Mitchell's? - One end of it comes into Coventry-street, and the other into the Hay-market.
Had you observed the prisoner working there that day? - Yes.
Were you working in the same room with him? - Yes.
Was he at Mr. Mitchell's, in the same room when you left it? - Yes.
Had he been working from dinner time? - Yes.
Did you leave him there? - Yes.
You had worked with him some time; what was his character for good nature or spitefulness? - A very good natured man; I never heard any otherwise.
Was the cloth laid when you left them? - It was going to be laid; it was not laid.
Mr. Pigott. How long had you worked at this house before this day that you have been speaking of? - About six weeks; I cannot rightly recollect the time: I worked at Mr. Mitchell's late before the Queen's birth-night; till ten or later.
How was you employed this day? - Making a dress for Ireland; I think it was, to the best of my memory.
Had you been out any part of the day? - No, not since dinner; not since two o'clock.
Then you never had been out of the room? - No.
Was Mr. Mitchell in the room all that time? - Yes; he did not go out I know; he was not out of doors at two, when I went to work from dinner: I do not think Mr. Mitchell was out.
Did you work on this gown for Ireland? - Yes, Sir, I did.
When was that gown for Ireland, that you was at work on, ordered? - I cannot tell.
Was it ordered that day? - I do not know.
It could not have been ordered from two to eleven that day, because you was there the whole time? - When I began to work at two o'clock I began to work at it.
Who worked at it besides? - Mr. Fannier, Mr. Williams, and Kitty, and her sister, and Mr. Mitchell, and Miss Mitchell, I think.
Do you know Mr. Jerfo? - Yes.
Did you see him there at that time, between two and eleven? - I cannot remember it.
When was that gown ordered? - I cannot tell.
Who ordered it? - I cannot say: Mr. Mitchell was there the whole time: Mr. Williams staid after me.
Did Williams before this night generally sup there? - Not generally; sometimes when he used to work late.
How often may that have been? - I do not know.
Did you yourself stay to supper? - I stayed about twice or three times.
Did he either of these times sup there? - Yes, he did both times.
Now this night you see was the Queen's birth-night; did not you walk down St. James's-street to see the lights? - No, Sir, I was afraid my parents would be angry; and I went home directly; I might walk about.
Did you look at any clock yourself? - No.
Had the other three women gone out that day? - They did not come to work in the evening; but had been there in the morning.
If there was this press of work how came Mr. Mitchell to let these three young women go out? - Because they promised they would come early in the morning to finish their work.
When was this gown finished? - About a day or two after the birth-night; I cannot say.
What became of it? - I do not know who took it from Mr. Mitchell's house.
Do you recollect the name of the lady
TYPHONE FOURNIER sworn.
Mr. Knowlys. Did you work for Mr. Mitchell in January last? - Yes.
Do you recollect the Queen's birth-day, and was you at work then? - Yes.
Do you know the prisoner, and whether he worked at Mr. Mitchell's house that day? - Yes.
How long did you work at Mr. Mitchell's house that day? - Till eleven o'clock.
Did you see the prisoner there, and how long was he there while you was at work? - I left him at work there.
Was he absent any part of the time he was at work in the house? - He was not.
If he was absent must you have observed it? - I certainly should.
What character did the prisoner bear in the house for good nature; was he a good natured man, or the contrary? - Always behaved very decent and very proper.
Mr. Shepherd. How long have you worked for Mr. Mitchell? - From Christmas to the 14th of February.
Whether during that time Williams and you had stayed so late as twelve at any time before or since? - We have worked till one in the morning.
How long before that? - I cannot tell.
What were you at work upon at that time? - Some particular gown; but I do not know what.
Do you know when the order for that gown was given to Mr. Mitchell? - I believe the beginning of January.
Had you no particular orders on that day? - I do not know.
Were you at work for the same order in the morning as you were in the afternoon? - The same.
Was Mr. Mitchell at work during the greater part of the day? - I do not recollect his working in the morning; but after dinner he did.
What time after dinner did Mitchell begin to work? - He began immediately after dinner.
What was the general hour of Mitchell's dinner? - Two o'clock.
What time did the people return to work after two? - They always came back at two; and very often found him at dinner.
Did Mitchell begin to work some where about that time? - I believe he began to work immediately after dinner.
Did you and Mitchell, and the rest of you set hard to work from that time till you went away at eleven? - I cannot say what time; we were all our own different businesses, and I minded mine.
Court. Did you all work in the same room? - We did.
Can you tell whether it was soon after two? - I do not know; I believe they began to work before half after two.
Will you swear that they began to work at three? - For certain before three.
Was Mitchell there then? - He was; for at the time before three they began to work.
Did Mitchell go out afterwards? - I did not see him go out, nor do I believe he did go out till I went away; eleven o'clock was struck when I went out to my own house.
Where do you live? - In Archer-street, Great Windmill-street.
Court. How far is that from Dover-street? - It is near the Hay-market.
Mr. Shepherd. Was the prisoner there then? - He staid behind; I left him at work.
When was you first applied to, to recollect all this on the Queen's birth-day? - I cannot recollect the day; but it was some time after the prisoner was apprehended.
Had you ever said any thing to any body about having staid so late on that night till after the prisoner was apprehended? - No.
Mr. Knowlys. Was Mitchell at home or not? - I do not know that he went out; I think I saw him there; I did not
Mr. Shepherd. Do not you recollect Mitchell's being at home as well as you recollect any thing else you have been saying? - I am sure as I can be to any thing; but we are attentive to our work.
(Mr. Townsend, the officer, and Mitchell returned with the books and Mr. Jerfo.)
(The books handed to the Court.)
- JERFO sworn.
Mr. Knowlys. You had dealings with Mr. Mitchell? - Yes.
Did you call upon him on the Queen's birth day? - Yes.
Did you give him any order then, and what order? - Yes, an order for a trimming, for Mrs. Abington.
What made you recollect it? - I remember it; because the streets were quite illuminated.
What time was it? - It was later than seven; I carried the pattern about seven, and I brought the order to Mr. Mitchell after; it was very near eight when I gave the order.
Did they begin to work upon it directly? - I do not know, I went away immediately: when I gave the order, I did not look at the work; I said it was necessary to have four yards the next morning about twelve, and the remainder in the afternoon; but the next morning I received eight yards about nine or ten.
When you went the second time, which was about eight, did you see him then? - I do not recollect at all; whether he was at home when I came back, I cannot say whether he was, or was not.
Then you do not recollect whether you saw Mitchell at all about this? - No, I do not know whether I gave the order to Mr. Mitchell, or Miss Mitchell; but whoever I did give it to it, was about eight at night.
Court. Are you sure of the quantity? - It was about eight yards.
Look at your own book, explain to us what the entry means? - When I carried the trimming to Mrs. Abington, she said, she wanted only six yards, and I was obliged to keep the other two yards, and she took it two months after.
Did not she want this for the Queen's birth day? - No, the next day.
What is the whole sum charged in your book? - Eighteen shillings a yard for six yards, five pounds eight shillings.
Court. You dealt with him for a great many other articles, did you not? - Yes.
Mr. Piggot. Did you know the prisoner? - Yes.
Mr. Knowlys. What character did he bear in the house for good nature? - Always very good natured and civil.
Mr. Piggot. Do you live at the house? - No, I married a sister of Mr. Mitchell's, and the prisoner has come two or three times to my house.
I worked in Mr. Mitchell's house; I have known the prisoner six months.
Mr. Knowlys. What has been his character for good nature? - Very good natured.
Did you ever perceive any instance of a spiteful disposition? - No Sir, quite the contrary.
I have known the prisoner eight years; but have worked with him five months.
During all the time you have known him, what has been his character for good nature? - Truly good natured.
Mr. Piggot. You have known him about eight years? - Yes, but not to be intimate with him but for five months.
And you know nothing at all about him? - Nothing at all, only I have heard he was a good natured man.
How long ago is it since he lived with Sir John Gallini ? - I cannot say that, the knowledge I had of him, was coming backwards and forwards to the place where I worked; I always heard people say that he was a thorough good natured, humane young man: I sat next to him for five months, and I never saw any thing but civility and obligingness in every part of his conduct.
- TERRY sworn.
I am in the navy office, I have known the prisoner from about Michaelmas 1716, to the present time.
What character has he bore for humanity and good nature all that time? - The most amiable character for good nature, amiable behaviour and politeness.
Mr. Piggot. Did you know him when he lived with Sir John Gallini ? - I was with him for a twelvemonth; his mother and sister lived at my house; I learnt from his mother that he served an apprenticeship with Mr. Gallini.
How long has he quitted Mr. Gallini? - I believe he quitted him before I knew him; he used to come and help his sister to make flowers; he had no other business that I knew of, I believe he used to assist Mr. Gallini in teaching at some boarding schools.
I deal in china in St. James's-street; the prisoner is no relation; I have known him six years.
Mr. Knowlys. During that time what has been his character for good nature? - Very good natured, he liked the ladies too well, and I was astonished when I heard he was the man; I thought his character very good.
How long may he have quitted Sir John Gallini? - About five years ago.
During this same five years how has he got his livelihood? - I have heard that he was taught to make flowers by his sister; I have seen him at work at nine or ten at night, two years ago.
What was he before that? - I know no more than you.
I live in Seven Dials, I have known him four years.
What has been his character for humanity and good nature? - His character, when I first knew that young man, I was exceedingly ill? I never knew any thing, but an honest young man, and his behaviour to me was manly, and a credit to any man, for he saved my life.
The prisoner called nine other witnesses, who all gave him a very good character for humanity and good nature.
The learned Judge summed up the evidence as follows:
Gentlemen of the Jury,
To imagine or suppose that any body in this crouded audience, should not have heard of the great many very serious and atrocious injuries, which have been done to ladies in the neighbourhood of this place, would be absurd: the prisoner in his defence has taken it for granted, that every body here must have heard what outrages either have been committed, or at least supposed to have been so; and therefore he has very rightly addressed himself in hisGeorge the first: the words of the act are,
"that if any person
"shall wilfully and maliciously assault another
"in the publick streets, or highways,
"with intent to tear, spoil, cut, burn, or
"deface; and shall tear, spoil, cut, burn,
"or deface the garments or clothes of
"such person, every person so offending,
"being thereof convicted shall be adjudged
"to be convicted of felony." Now on this statute you observe, Gentlemen, that it is necessary that the assault should be committed in the streets or highways, that it should be made wilfully and maliciously, and also with intent to cut or spoil the clothes; and it likewise requires, that the clothes should in fact be so cut or spoiled: now before I state to you the particulars that have been given in evidence, perhaps one might assume it as pretty clear, that some person did assault Ann Porter , who is the person that stood forward as the prosecutrix, in the streets, and did give her a blow, which not only cut her clothes, but cut her person also; then the two points that are most material for your consideration are, first, whether that person, be he who he might, that made the assault on her, did it wilfully and maliciously with an intent to cut her clothes; because I take it to be very clear that where the intent is a material ingredient in the constitution of the crime, that intent is a matter of fact and not a matter of law; an intent therefore being matter of fact, must be brought before the Jury. Gentlemen, the next question for your consideration will be, whether you shall be satisfied that the person, be he whom he might, that thus accosted Miss Porter, and gave her the blow she described, did it with intent to cut her clothes, as well as to cut her person; and whether that man was the prisoner at the bar: these I think are the two leading points for your consideration; Ann Porter tells you, &c. (Here the learned judge summed up the evidence on the part of the prosecution, and then added): Gentlemen this is the whole of the evidence on the part of the prosecution; first you find that the four young ladies have all sworn very positively to the person of the prisoner; you will naturally examine what opportunities they had of knowing the prisoner, and whether they were likely to be mistaken;Sarah Porter at that time, and afterwards gave the wound to Miss Ann Porter , made use of that expression; what is to be collected from it? is it the expression of a man who is a total stranger, and had never seen their faces before? is it the expression that an intimate friend or acquaintance would use? or is it more likely to be the expression of some man who had seen them before; and between whom something or other had passed that was not so agreeable? why was that done? if the prisoner was the man that gave that blow, for what reason? why should any man do it that had never seen her before? that he was an acquaintance of theirs, there is no reason or pretence for supposing; but they say they have seen him often before: if the man had never seen either of them before, the expression does seem to be very unaccountable. The next thing, gentlemen, to be considered, is the conduct of the prisoner himself, when challenged in St. James's Park. Coleman pursued him in consequence of what Ann Porter had said: the prisoner walked on pretty fast; and he led him from place to place, at pretty considerable distances: did he or did he not perceive he was pursued by Coleman? if you imagine he did not, it takes off a great deal from the weight of the evidence; but Coleman tells you he is positive so early as when they got down to the Admiralty, the prisoner must perceive he was pursued by him: how comes it then, that as nothing is said to the prisoner, that he should go from place to place, till he goes to one place, where he staid about five minutes; and Coleman had endeavoured to affront him in every way; and notwithstanding that, the prisoner takes no notice of it. The next thing that arises, is what passed when they went down St. James's-street: he tells you, the prisoner, when they crossed the way, said, this is Mr. Porter's. Now I do not see how this affords any inference either way; because if the prisoner had lived in London, and saw Coleman cross, he might use such an expression, and mean nothing. However, the prisoner is conducted into the parlour; and what passed there, will be also material for your consideration; for according to the evidence of Coleman, a more distressful or melancholy scene could hardly be exhibited; two young ladies fell into fits, and fainted away; one exclaimed that was the wretch! What is the prisoner's behaviour at that time? why his observation to Coleman is
"The ladies behaviour is
"extremely odd; they do not take me for
"the person advertized?" He is told pointedly,
"Yes, they do." Now, in that scene, should you expect from an innocent man, that he should preserve a total silence, or endeavour to give some explanation of himself, or refer to some body to give some account of him: but Coleman says he does not recollect any answer that he gave; if he gave no answer, it will be for you to say what inference is to be drawn from a man being totally silent when he saw such a sceneAnn Porter ; they had seen him by day; they had observed his person; they had agreed the moment they saw him again, in saying it was the same man; if they are accurate in that respect, and have proved to your satisfaction, that the person they saw four times before, was the same person they saw three times after, their evidence goes the length of shewing that this man was the person whom they had seen at the four different periods that they speak of, previous to the time of the injury; the street was very light; the house was very light; they had full opportunities of seeing his person, because he was close to them; and they swear that they knew him immediately; this strongly imports that the man, whoever he was, was not unknown to them. Gentlemen, so stands the evidence on the case, on the part of the prosecution. For the prisoner you have had a great number of witnesses called, seven of whom are for the purpose of proving that this prisoner could not be the man, but that the Miss Porters are mistaken; because the prisoner on that night, when the offence was committed, was in another place, namely at Mr. Mitchell's house; and Mr. Mitchell himself tells you, &c. (Here the learned judge summed up Mitchell's evidence, and then added): this seems to be obvious from the evidence of Mitchell, that he never recollected, or in fact, knew many of the circumstances which he has described to you, till within a fortnight or three weeks from this time; to be sure this is a very loose way of making up his mind, as to the recollection of a fact which had passed at the distance of pretty nearly six months. You will find, as I state to you the other evidence, that there are many circumstances in which this witness has contradicted, and in which the other witnesses have contradicted themselves; but what effect that ought to have, or may have on your minds, is for you alone to decide; it is not every little circumstance in which witnesses differ, who speak of the transaction, so that by differing they may destroy the credit of each other; but the question is, whether the facts in which you find they differ, are so material and so pointed, so much within the knowledge of each witness, that if they told you the truth, and spoke accurately on what passed, they could not vary so much. Raine Mitchell says, &c. (Here the learned judge summed up the rest of the evidence on the part of the prisoner, and then added): now, gentlemen, this is the whole of the evidence; it is for you to say, whether you give any, and what credit to this alibi; and whether it is proved in a manner that satisfies you, that the four Miss Porters, confirmed as they are by the circumstances, are mistaken as to the prisoner, In the first place, it is natural to examine what was there on the night of the Queen's Sarah Porter , that he was the man; if you believe her evidence when put together, you must give the effect to it, and pronounce that the prisoner was the man; if you are of that opinion, the only question that remains then, is what was his intent? if his intent was to cut both the clothes and the person, I cannot say I entertain the smallest difficulty myself, but that the case will fall directly within the act of parliament. Many cases may be figured, in which the clothes may be cut, and yet it would not be an offence within this statute; for if the object was clearly different, and in the course of a scuffle the clothes were cut, I should say it was not within this statute: first, because if it was not part of the original design, it does not come within the words
"maliciously assaulting, with intent to
"cut;" and in the next place, because it appears that the object was different; but if the intention was to do both, as it seems to me, the question could admit no doubt; and there is a third case which would be equally clear, as to the construction of the act; that is, supposing that the prisoner meant to cut her person, whether in that design he did not also intend to cut her clothes: in considering that question, it is material to attend to the manner in which he accosted Miss Porter, the instrument he used, and the place to which he aimed the blow; the instrument must have been very long and very sharp; and the witnesses say the clothes are extremely torn; it is not like a pointed instrument, calculated to injure the person only, but it has rent her clothes; and if he made the blow in such a way, that he could not strike her person,
The jury immediately pronounced a verdict,
Court. Let the sentence be respited till December sessions; and all the witnesses who are bound over on the other prosecutions, their recognizances must be respited till that time.