Offence: Theft > burglary
Verdict: Guilty; Not Guilty
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I am a poor labouring man , I work hard for my bread, I live in liquor-pond-street, Horn-alley , I am a housekeeper; I lost the things mentioned in the indictment on the 28th of September last, I was not at home when it happened, I know nothing about it; I came home about eight to go to bed, and I found my house door broke open, and my things gone, here is the lock of my parlour door that was broke, there was no mark of violence on the outside door, only opened, I called to Mary Moore , who was locked in, I asked her how she could lay there, and let my house be robbed; she said she was locked in, and then I burst open the door, and took her out of bed by force, and sent for Mr. Isaacs to take her into custody; then I sent for the prisoner Margaret Cadwell , as I suspected her, she lodged in the house; then we went before the Justice.
What did you lose? - The things mentioned in the indictment, I missed them out of the drawers in the parlour; I never found any of them, except one silk handkerchief, on Snow-hill, at a pawn-broker's; the prisoner Hill used frequently to come to the house; I suppose he lodged with some woman in the room.
I went out and locked the door, and carried away the key, I left nobody in my room, the prisoner Cadwell was not at home above stairs.
Were your drawers all safe when you went away? - Yes.
It was hardly dark when you went out? - Just upon dusk, hardly dark.
I suppose your street door in the day time is open? - It goes with a spring lock, I pulled it to, and it was fast.
What time did you come home? - About half past eight, I found my husband at home, he brought the key with him; when I came home I found my room stripped of every thing; here is a list of what I lost, they are the things mentioned in the indictment, they were in my drawers in the parlour; nothing has been found but one handkerchief.
What is your reason for charging the three prisoners? - Because they confessed.
Did you hear them confess? - Yes.
Did you hear any of these people at the bar confess any thing? - No.
I lodge at this house.
How long have you lodged there? - Not quite a fortnight.
Did you lodge with her? - Yes.
Do you remember the night this room was robbed? - Three weeks ago last Wednesday.
Where was you at that time? - Up stairs, in bed.
Tell me what you know about it? - Five weeks ago I was in Gray's-Inn-lane, between seven and eight, Francis Hill andMargaret Cadwell and I, he stood at the stairs foot, immediately I heard a great noise below, as if the door was breaking open.
How did he get in at the street door? - I do not know; then Francis Hill came up stairs, and he asked for a light; I told him there was neither fire nor candle, and he asked Margaret Cadwell to fetch a candle; and she said she had no money, and she went down stairs, and one of them gave her a halfpenny, I do not know which it was, then while she was gone Francis Hill came to me and said, d - n his eyes he had broke the door in, and he said Bill Kendrick was in the room, and if the old b - r came while he was robbing the room, Bill Kendrick should knock him down; Francis Hill said, if Kendrick was knocked down, he would believe to take him up, while Bill Kendrick brushed; then he went down stairs after a candle came; Margaret Cadwell brought it, and they were in the room about ten minutes after; Margaret Cadwell came up stairs to me directly when they had done, they stood at the stairs foot, and one of them called to Margaret Cadwell to take one of the bundles, which she refused, then they went about their business, and Margaret Cadwell seemed very much frightened, and said she would not stay in the house, I begged she would, but she went away and locked me in, and went into Holborn to give Mary Welch the key.
How many men did you see in all? - I only saw Hill.
Could you distinguish the voices of any more than one? - No.
Do you know whether there were more than one there? - No, I never saw any more than one, I could near more than one speak, but I did not know his voice, I heard only one voice.
Mr. Garrow. You was very well acquainted with Kendrick? - No, I never saw him but once before.
What way of life have you been in? - I am a servant, but I have been out of place for sometime, and I have been in the hospital for the King's evil.
How long have you been out of place? - About twelve months.
In what way of business have you supported yourself during that twelve months? - First one thing and then another, I do a bit of needle-work, and go of errands.
Is that the way you have got your living? - I cannot say but it is.
I will not ask you more about it, because the gentlemen I dare say understand however you are one of the three women that used to sleep with this man? - Sometimes I went to bed at ten o'clock, sometimes I laid in bed all day, when the room was robbed I was in bed all day, because there was no fire, nor I had no gown to put on.
Had there been any talk about breaking into this old man's room? - I heard none.
The landlord suspected you had robbed the room, did not he? - Yes, he carried me before the Justice.
When was it that you first told that story? - That very night, before I went before the Justice, I told the constable of it, he is here.
You told us about brushing by, running away, how long have you been acquainted with that sort of language? - I heard one of the gentlemen say so.
Which gentleman, one of the officers? - Yes.
How long have you been acquainted with Kendrick? - I never was acquainted with him in my life, I was not acquainted with him when he was tried the last time; I do not know how often he has been tried here.
Court. Relate what you know of the robbing Rose's house? - Between the hour of seven and eight last Wednesday was three weeks, I was going to my mother's
Mr. Garrow. I take the liberty of submitting to your Lordship, that there is no evidence against Nicholson.
Court. I hold, that it is regular to hear an accomplice in any stage of the prosecution, whether afterwards it deserves credit, will turn out upon the whole evidence, in which, to be sure, care will be taken to separate, but I cannot at present, cut the evidence to pieces in the course of the narration.
Kendrick. We went up Brook-street, and went to the Barley-mow in Gray's-Inn Lane; coming up Holborn, we met Francis Hill at the corner of Gray's-Inn Lane, and he says, where are you going; says I, nowhere in particular; says he, if you will go with me down to the house where I lodge, the landlord is out of the way, and we can break open the place and get all the property out; I asked this Nicholson whether he was agreeable to go, and he said yes, and all three of us went as hard as we could down to the house; when we came there, there is a kind of a yard about three yards from the street-door that goes in with a little gate-way, and this Hill told us to stop there while he went to enquire whether the landlord was at home; he went upstairs and came down again, and said, no, there is nobody at home, let us go in, and immediately all three of us went up to the parlour door, the lower part, and we all three of us shoved the door open by the force of our hands.
Was the door only put too, or locked? - It was fast.
How did you get the door open? - By the force of our hands, but I could not see then whether the lock was broke; afterwards, says I, we want a candle; Hill went up immediately to Cadwell and says, have you got any candle, no, says she, have you got the parlour door open; says he, come down stairs and he (meaning me) will give you a halfpenny to buy a candle; she came down stairs and I gave her one, and she felt in the dark; it was a new halfpenny by the roughness; she said it was a bad one, and I gave her another, then she returned with a candle and she came into the yard and said, here is the candle, do you want it lighted, and Hill said, what do we want with a candle if it is not lighted, and she went over the way and lighted it, and came and gave it to Hill; she went up stairs; then we all three went into the room and shut the street door, and the parlour doors, then we opened the drawers and took out all the property that is mentioned in the indictment; I packed them up in three bundles; after we packed them up in three bundles, we packed one up in this, Nicholson's apron, and another in a black petticoat; I cannot tell what the third was packed in; we each took a bundle and called Cadwell to take the candle, and I said to her, put one of these bundles in your apron and come along with us; she declined doing that, but took the candle, and told us to wait a few minutes at the bottom of the stairs; the other two men went out, and I waited a few minutes for her coming down, and she did not come down, and I went away and pulled the street door after me, then we carried the property into Leather-lane and into Holborn, and we went to a coach that was in the rank, and put the property in, and carried it to the Windmill-inn, in St. John's-street, Smithfield, and sold the property for thirty-six shillings to one Mrs. Carter that lives up in the gallery; after we had sold it, I happened to put a silk handkerchief that belonged to some part of the property, in my coat pocket; coming down Snow-hill, I felt in my pocket, and said, here is a silk handkerchief that belongs to part of the property; Nicholson said, go in and pawn it; I declined it, and he went in and pawned it at one Mr. Cordey's on Snow-hill, for eighteen pence; and he came out and brought out three six-pences, and he gave us six-pence apiece and kept six-pence himself, and we went to Holborne and we met Cadwell, and we asked her to have something to drink; we told her where we were going, to the Barley-mow, and she came in half an hour, and the landlord would not let her in, he gave her a glass of gin, and she went out, and we never saw nothing of her till she was apprehended; after that we sat there and had
Where was your home? - No. 12, Ely-Court, Holborn.
Mr. Garrow. Mr. Kendrick, you tell this story as easily as a man can read a chapter in the bible, as if it was to your honour; how long have you been engaged in this business? - About a twelvemonth, as far as I can recollect.
Is it not more than a twelvemonth since you was taken up with Berwick Mayton? - He was capitally convicted for privately stealing, I was neither a witness or anything else.
How often have you been in custody since? - I cannot tell, that is an odd question to ask.
You are as often in custody as out? - No, not quite, I cannot tell.
Give a random guess, we will not quarrel for a dozen times? - I cannot give no random guess, I may have been once taken up or so by a warrant.
Do not you know that you have been much oftener at Bow-street than once? - No.
Have you never been a witness against your accomplices? - No.
Are you sure of that? - No.
Did not you keep that handkerchief on purpose for them to pawn it? - It was all a random affair, I did not like to go into that shop.
Why did not you like to go into Mr. Cordey's? - I declined doing it, I had no reason.
Was not your reason for not going in, that they might not be evidence against you.
Who proposed going to Mrs. Carters? - We all know the place because Nicholson, I believe, had never been employed in any such thing before dealt had been about six months.
A ready receiver for anything you carried to her? - I believe so, I believe she does in case we have anything of that kind to give her, I never sold her none.
You only deal in this sort of way? - I do not know what sort.
I suppose if there had been any plate in the house it would have been all the same? We should not have left it behind, Mrs. Carter lives there now, if she was not left behind, I did not squeak after I was taken, I stood out a week, and then I should not have squeaked if it had not been for other people, I thought this woman would have done it, Margaret Cadwell , I know they were taken up a week after I was apprehended, I believe it was the Saturday evening after.
I heard of the robbery before, but I took Mr. Hill and Nicholson, they were both together in a court going down to the footman in waiting, in Charlotte-buildings, this was on the 8th of this month, between eleven and twelve.
Mr. Garrow. Your information I believe, was against Hill only? - Yes, it was.
Was that after the other fellow was in custody? - Yes.
Was it from him you had the information? - No.
You took Nicholson because he was in company with the other? - I did.
You knew Kendrick of old? - Yes, and I knew Hill too.
I did not ask you that.
- JONES sworn.
I know nothing more than the taking these two men, I was with Jackson.
On the 28th of last month, I received
- HUTCHINSON sworn.
I was sent for last Saturday was a week at night, by a party belonging to our patrol, I went down stairs, I went to the Black Dog, there were Hill and Nicholson together, Jones and I went to Nicholson's lodgings, and there was found a green coat, which the prosecutor believes the same coat that Hill had on the night the robbery was committed; there was a dirty shirt and a dirty handkerchief, and two or three of them things, but I only brought the coat.
I only went to the pawnbroker's.
I am servant to Mr. Cordy, I have the handkerchief which was taken the 28th of September in the name of Jackson, I do not know the person that brought it.
Did you take it? - I do not know.
Where is your master? - He is at home.
Is that your practice to take in things without making any memorandum who takes them; how many people are there in your shop? - Three, two of us take in the things; there are so many persons we see in a day it is impossible to know one single person.
That I grant you, but you might put in a memorandum upon it? - Sometimes I take them in, and sometimes the other man, and if we are busy, we tell the boy to write the bill.
Court. The trade must be suppressed if it is carried on in that manner, it is making the pawnbrokers shops, a nursery for thieves? - Mr. Cordey sent me voluntarily to come.
Jackson. My Lord, I went to tell them to come voluntarily, or if not, I should take out a summons.
Court. It is very easy to make the initial letter of the person's name that takes in the things, then you would always know? - We lent eighteen pence upon the handkerchief.
Prisoner Hill. I leave it to my Counsel.
The prisoner Hill called three witnesses who gave him a good character.
Prisoner Nicholson. I leave it all to my Counsel.
The prisoner Nicholson called eight witnesses who gave him a good character.
Prisoner Cadwell. I know very little about it.
The prisoner Cadwell called six witnesses who gave her a good character.
G. MARDEN alias F. HILL,
GUILTY Death .
NOT GUILTY .
Court to Kendrick. I discharge you without any exhortation, because it will be thrown away, I have no hopes of you, I have no doubt but you will come to the gallows.