Offence: Miscellaneous > perverting justice
Verdict: Guilty; Guilty
Punishment: Death; Death
22. JOHN LEONARD WHITE and JOHN RICHARDSON were indicted for, that they on the 23d of September , about the hour of two at night, unlawfully did break open and force from the hinges the window shutters fixed to the dwelling house of No. 36, Lamb's Conduit-street , with intent burglariously the goods and chattels, to steal and carry away, and the indictment further stated that the said John Leonard White and John Richardson , did then and there on the 23d of September at the same hour feloniously, willfully, and maliciously did make an assault upon William Randell , a subject of our Lord the King, in due execution of his duty; and that they with a certain sharp instrument did strike, cut, and wound him in and upon his head, with intent so doing, and by means thereof, to obstruct and resist the lawful apprehension and detaining of the said Leonard White and John Richardson ; for which afore-said offence, they were liable by law to be apprehended, imprisoned, and detained ; and several other counts for like offence, only varying the manner of charging them.
(The case was stated by Mr. Gurney.)
Q. Are you cook? - A. I am.
Q. Did you secure the shutters of the kitchen windows on the night of the 23d of September? - A. I will take my oath I did.
Q. They were secured below stairs in the area? - A. They were.
Q. At what time did you secure them. - A. It was rather later that evening than usual, it was about nine o'clock.
Q. At what time in the night was you alarmed? - A. About half past two o'clock.
Q. On your being alarmed did you go into the area with the watchman? - A. I went into the area.
Q. Was one man with you or more? - A. Three men went with me.
Q. How did you find the kitchen stairs? - A. One window shutter was entirely off, the sash was thrown up, and the shutter that was entirely off was leaning against the wall.
Q. The inside shutters were not open? - A. No, they were not.
Q. Did you look about the area, and did you find any thing there? - A. Not in the area I did not, but in the coal-cellar I found a dark lanthorn and a gimblet; the coal-cellar is in the area.
Q. You gave them to the watchman, I believe? - A. I did.
Q. On the morning of the 24th of September, did you hear any noise? - A. I heard a noise below me, at No. 36.
Q. At what hour? - A. Between two and three; it was half past two or more.
Q. Did you go to No. 36, upon hearing this noise? - A. I did.
Q. Did you look down the area? - A. I looked down the area; I observed the shutter wrenched, but the window shutter was then up.
Q. Did you call? - A. I called several times, but no answer was given; I called who is below, no reply was made.
Q. Upon that what did you do? - A. I stood towards the door, and then I sprang the rattle; I saw then a man was coming out of the area; upon my springing the rattle, he was striving to get over the rails, and I immediately tried to strike at him with my staff.
Q. Did you see more than that one man. - A. I saw another, there were two.
Q. At the time that you saw two, where did you see the other? - A. In the area, as the first was getting up.
Q. Did either of them say any thing? - A. They threatened to shoot me.
Q. Do not say they; what did either of them say? - A. They said shoot.
Q. Who did he really appear to you to be speaking to; did that person that said shoot appear to be speaking to the person that was getting out? - A. I believe so.
Q. Did the one who was getting over the rails first, and when you gave him a blow, did he get over the rails? - A. Yes, I tried to give him a stroke, and the stick slipped out of my hand, and he ran down New Ormond-street.
Q. Could you observe when they were both in the area, whether that one that got out and you pursued to New Ormond-street, was the tall one or the short one? - A. He was the shortest.
Q. Look at the prisoner at the bar? - A. It was the short man that got out; I cannot particularly swear to the prisoner at the bar.
Q. I believe at New Ormond-street you lost sight of him? - A. I did, as he turned down New Ormond-street.
Court. I suppose he ran away as fast as he could? - A. Yes, he ran away as fast as he could; I called after him Stop thief to the other watchman.
Cross-examined by Mr. Hart. When did you first see the prisoner Richardson? - A. When I saw Richardson he was taken into custody by the other watchman.
Q. And how long was that after? - A. In a very few minutes.
Q. You say very honestly; you cannot say he is the man? - A. I cannot, it was extremely dark.
Court. Where was it that you saw him in custody. - A. I saw him just by No. 36; he was brought back to the house.
Q. You happened to be passing on the morning of the 24th of September last between the hours of two and three in the morning; did you observe the watchman at No. 36? - A. I heard him spring his rattle and call out for assistance; being near the opposite house, I ran over to his assistance as fast as I could.
Q. Did you observe any person besides the watchman? - A. I observed Richardson, the shortest of the two; I heard one person say, shoot him, as to Richarson; I never lost sight of him till he was apprehended.
Q. How near was he to No. 36, when you first saw him? - A. He was just going from the rails.
Q. Was there any person there besides? - A. I saw the watchman; there was only Jacobs the watchman and him; I heard the expression, Shoot him, shoot him, twice; I cannot say from whom it came.
Q. Did you pursue that man? - A. I ran after the watchman; the prisoner was first, the watchman was pursuing him; the prisoner made up towards a door about three or four doors on the right hand side, the watchman ran past him.
Q. Had you him in sight the whole time? - A. The whole time; the prisoner made a sharp turn round, and made towards Lamb's Conduit street again; I followed him into Lamb's Conduit street, and there I saw a watchman running from Red Lion street way towards me; his name is Morris; I called out to Morris to stop that man, that a house was broken open.
Q. You still saw that man? - A. He was never out of my sight; Morris was nearer to the prisoner Richardson than I was, he laid hold of him when I called out to him. Then I went and laid hold of the prisoner likewise, and he was secured.
Q. You are quite sure that the man Morris and you secured, was the man that run from the rails? - A. Yes, I never lost sight of him till I secured him; we took him to the door of the house No. 36 in Lamb's Conduit street where the rumour was that the house
Cross-examined by Mr. Hart.
Q. How near was Richardson taken from this No. 36? - A. As near as I can guess about forty or fifty yards.
Q. When you first came to No. 36 did you see one man or two? - A. I only saw Richardson, he ran from the rails, I never saw the other prisoner till I saw him at the Foundling watch-house, when the watchman was bleeding in a dreadful manner.
Q. You heard a cry of stop him, whence did that appear to come from? - A. It appeared to come from the area I thought, I cannot say it was from the outside of the area or within, I was then on the other side of the way, within four or five doors opposite.
Q. Were you at Lamb's Conduit-street at the time the last witness has been speaking? - A. I apprehended him, and took him two doors within New Ormond-street, in Lamb's Conduit street; he was taken to the watch-house.
Q. In consequence of what any person said, did you go and make search from the door, No. 36, down towards the Foundling. - A. Yes.
Q. What did you find? - A. This iron crow (witness shewing it); it laid in a puddle of water, and this part, (the bent part) was so much out of water in the channel.
Q. Any appearance of blood upon it, at the time you found it? - A. I did not look at it at the time I took it to the watchhouse. I did not think it a proper thing to carry about.
Q. Did you afterwards find any thing upon it? - A. Not till the next day, when it was brought before the magistrate.
Q. You left it with Mr. Spriggs? - A. I did. Here is a green bag I afterwards picked up.
Court. Did you perceive any thing upon the iron crow when you picked it up? - A. I have no recollection that I did in my mind; the next day the magistrate saw some blood on it, and I saw some blood on it; and there is the appearance of blood on it now.
Cross-examined by Mr. Hart.
Q. Who did you deliver it to? - A. To Mr. Spriggs the watch-house keeper.
Q. Was that crow delivered into your keeping by the last witness? - A. It was shortly after it was brought in: it was delivered by Morris to me; soon after the prisoner was brought in, I told him to go and make his observations.
Q. You sent him out to search? - A. I did.
Q. Did you take it the next day before the magistrate? - A. No, did not, I gave it to Lee the watchman, at the time he came off duty the next morning; it was in my keeping till I gave it to him; I did not observe any blood on it that night, I did the next day.
Q. Was it delivered to him in the same state as it was to you? - A. It was; prior to that I gave it to Lee the watchman, to see whether it fitted the marks on the shutters or windows.
EDWARD LEE sworn. Examined by Mr. Gurney. Q. Did you receive that crow from the last witness? - A. I received the crow first from Morris in the morning; when he found it I took it the next morning, Mr. Spriggs gave it me.
Q. Did you find it fit any of the places that were broken there? - A. I found it exactly fitted, there was one shutter quite wrenched off.
Court. Q. You found it fitted exactly? - A. I put the shutter in the place as it should be, and then shut the other shutter too; it was a square hinge; I clapped the crow to the mark, under the lower part of the hinge, it fitted exactly both places; the frame of the window and the shutters; the crooked part fitted the place where the bolt was; it appeared to me that that was the instrument that went into it.
Q. After you had fitted it, what did you do with the crow? - A. I took the crow up to the magistrate at Hatton Garden.
Q. Did you take it in the same condition as it was given to you? - A. Yes.
Q. Were you present when the blood was discovered upon it. - A. No, I took it to the magistrate the same as I had it.
Cross-examined by Mr. Hart.
Q. Now all the time that you had it, did you discover any blood on it? - No, I did not observe it then.
Q. You had it a long time in day light to try it; have you seen many iron crows? - A. I never had seen one before of that sort, most of our country crows are long and straight.
Court. You say first of all you received the crow from Morris, and then you received it again of Spriggs? - A. I first received it about five o'clock of Morris, he found it then.
Q. (To Morris.) After you found the crow did you take it to the watch-house? - A. I did, I shewed it to Lee, and took it immediately from his hands, and carried it to Mr. Spriggs.
WILLIAM RANDELL sworn. Examined by Mr. Gurney. Q. You are a watchman at the corner of Caroline Place, Guildford-street? - A. Yes, it is near the bottom of Lamb's Conduit Street; it joins the Foundling wall, and it goes out from Gray's Inn lane road.
Q. At the time that the witnesses have been speaking of, did you hear the springing of the rattle from the watchman in Lamb's Conduit street? - A. Yes.
Q. The prisoner at the bar? - A. Yes.
Q. Did you speak to him? - A. Yes, I said, halloo, my friend, what are you about now? he said he was going to take a walk in the morning before the family was up, by that he jumped off the iron palisades, and gave me a blow on the head.
Q. Before he struck you on the head had you laid hold of him? - A. Yes, I had; with that we had a tustle, and the prisoner Leonard White drawed his hand behind him, and with that jumped up and cut me down; he lifted his arm violently up, and cut me down in this fashion. (Witness describing the manner.)
Q. Where did he strike you? - A. He cut me across my head.
Q. Had you that hat on which you now produce? - A. Yes.
Q. Is that cut through? - A. Yes, here is my shirt which I have got in my pocket, the hat was cut through, and my head was cut.
Court. Q. Was you knocked down? - A. Yes.
Mr. Gurney. Q. Did that produce an effusion of blood? - A. Yes, a great quantity.
Q. By knocking you down did he make his escape from you? - A. Yes he got from me and went from me a few yards, as far as Long-yard in Lamb's Conduit-street, going down towards the Foundling Hospital; he crossed from there over to the other side of the way, and there made a bit of a stop, but whether he dropped any thing, I cannot tell.
Q. Where was this that he made a bit of a stop; where this iron crow was found? - A. Yes.
Q. That was before he crossed to the Foundling side, was it? - A. Yes.
Q. Then after he made that bit of a stop, when he was the other side of the way, what did he do then? - A. He came back again to the same side of the way, towards the Foundling, and leaned against a post.
Q. How near was the post to the Foundling? - A. The post lay towards the end of the street.
Q. Then after he made a bit of a stop he crossed strait again to a post, and leaned over that post? - A. He did.
Q. Did you call to any person at that time? - A. Then I hallooed out Stop Thief, seeing some man coming.
Q. Did any person take him? - A. Yes, he might take him as he crossed over strait towards the Foundling.
Q. Had you ever lost sight of him? - A. No more than I loose sight of you now.
Cross-examined by Mr. Hart.
Q. Did this blow take your senses away and stun you. - A. No, it did not quite take it all away.
Court. Q. The blow did not take your senses away? - A. It did not.
Mr. Hart. Q. You fell, however, from the blow? - A. Yes, and the mark of the blow is on my head now.
Q. How far was this post that he was leaning over from No. 36, when he was apprehended? - A. About eight doors.
Q. Then White had got only to eight doors off; he had plenty of time to make his escape? - A. He had plenty of time, if he had a mind to it.
Q. Was it dark at this time? - A. It was not very dark, I could see him between the lights of the lamps, and the light of the morning.
Q. Did you know White before? - A. I never saw him before in my life.
Q. You received two blows? - A. Yes, the first blow was on the side of my head with his fist, the other was not.
Q. Did you see any thing that he had? - A. I cannot say that I did, there were something that came and cut me through my hat, which I felt was very heavy.
Q. That you did not see; did you hear any thing? - A. No, not particularly, what he had he drew from his pocket.
Q. Where you saw him stoop, how far was that? - A. About seven doors the contrary side of the way.
Q. He went first on the other side of the
Mr. Gurney. Q. I suppose the watchmen were coming from all quarters? - A. Yes.
Court. Q. Did you see Hamet? - A. He was coming down Guildford-street, underneath the Foundling Wall.
Q. Had you ever represented that the blow did stun you? - A. It never did rightly stun me.
Q. My question is did you ever say so; did you ever give that account of it? - A. No.
Q. At the time that the last witness has been speaking of, in consequence of hearing the springing of the rattle, did you come towards Lamb's Conduit street? - A. I fled under the shade of the Foundling wall.
Q. Did you observe Randell? - A. I did not, I observed hearing a man run, and then I observed him making a stop; before that I heard Randell halloo, Stop thief.
Court. Q. You had your lanthorn with you had not you? - A. No, I had not; I heard somebody running, and I heard Randell say, Stop thief; I stooped myself down to see what I could see between the lights of the lamps in the street; by that I saw Randell was coming up, and Leonard White came on the road in a sort of dog-trot, he came under the Foundling wall; I says, my friend, what does that man say over there. I saw him as I was under the Foundling wall.
Mr. Gurney. Q. Did you see him first of all leaning over the post? - A. Yes.
Q. Then you saw him after that coming towards the Foundling wall? - A. Yes.
Court. And then he came towards you? - A. Yes, and I said to him, my friend, what does that man say; the prisoner Leonard White said, he halloos Stop thief, and says he, there he runs over there; I took hold of him by the collar by the left hand, and I said here he runs, here he runs.
Q. You secured him? - A. Yes, at the same time Randell came up; Randell said that is the man that cut me I will swear; he took hold of him by the tail of the coat, and we led him away to the watch-house.
Cross-examined by Mr. Hart.
Q. Do you know this house, No. 36.? - A. I know nothing at all about it.
Q. Do you know Lamb's Conduit-street? - A. Yes, but I have no business with it. I was under the Foundling wall and no other place.
Q. You stopped him when he came near you from the post? - A. Yes.
Q. Your stand is near that wall? - A. My stand is only across from the Foundling wall at Lansdowne place.
Q. White made no resistance to you, did he? - A. He twisted about and would have got away if he had it in his power; he says to me, why do you lay hold of me so fast, I am not the person; I says, if you be not guilty it will be so much the better for you; his twisting so to get from me, made me hold the faster: the man never resisted me any more than he would have got away if he could.
Q. Was you called upon to attend this poor man, the watchman, on the morning of the 24th of September; and did you examine his head? - A. I did.
Q. And what did you find to be the state of his head? - A. He had a cut between two and three inches long on the left pericranium bone.
Q. Did it appear to be done by a sharp instrument? - A. It might have been a sharp instrument.
Q. Look at that crow, was that a sort of an instrument by which that wound might be inflicted? - A. Most assuredly.
Q. What penetration did it make? - A. It cut entirely into the scull, as near as possible through the integumentum of the head; the periosteum, I believe, was not penetrated.
Q. I believe I need not ask you, whether in wounds of the head, the hat would been a considerable protection? - A. Most assuredly the hat might have saved his life.
Court. Q. That depends entirely on the constitution of the person? - A. Most assuredly it depends on the constitution of the person at the time.
Richardson left his defence to his counsel.
White's Defence. My Lord, on the night before this happened, and on the following morning, I had been to Gray's Inn-lane smoaking a pipe and drinking ale; coming up Guildford-street, (it was a very dark night) I heard a cry of Stop Thief; a few minutes a man came running before me as I was leaning against the post; I looked round the other way, I saw a man whom I supposed to be a watchman, I called out watchman, he says halloo; I says there he goes; he says I shall stop you, I am entirely innocent of the charge.
RICHARDSON - GUILTY , DEATH , aged 30.
First Middlesex Jury, before Mr. Baron Graham.