JUSTICE-HALL in the Old-Bailey, on the 23d, 24th, and 25th of February.
In the 16th Year of His MAJESTY's Reign.
BEING THE Third SESSIONS in the MAYORALTY OF THE
Printed, and sold by M. COOPER, at the Globe in Pater-Noster-Row. 1743.
King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.
BEFORE the Right Honourable ROBERT WILLIMOTT , Esq; Lord-Mayor of the City of London, Mr Baron CARTER , Mr Justice DENISON, Mr Serjeant URLIN, Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City, and County of Middlesex.
N. B. On the second Day, Thomas Hunter , Richard Marriot , and Samuel Brooks were sworn, in the Room of Mr West, Mr Mawbey, and Mr Wilkinson. The whole Pannel were ordered to attend on that Day, it being probable Mr Waite might except against some of the Jury. Mr West acquainted the Court that he was a Proprietor of Bank-Stock, and therefore thought he was not a proper Person to serve on that Jury; and he was therefore not called.
135. Dorothy Roberts , of Alhallows the Less , was indicted for stealing thirteen Yards of checked Linnen, val. 13 s. sixteen Yards of Irish Linnen, val. 16 s. 1 Yard of Callico, val. 2 s. four Yards and a Half of Cambrick, val. 1 l 2 s. 6 d. one Part of Cambrick Ruffles, twenty Yards of Ribbon, one Pocket-Book, two Mocha Stone Buttons for a Coat, set in Silver , the Goods of William Church . Jan. 8 .
William Church. My Wife deals in Linnen-Drapery Goods, and sells them among our Friends and Acquaintance. - I do not keep an open Shop. The Prisoner was my Servant ; upon missing these Things, I took out a Search-Warrant, and found her at her Sister's, and she confessed she had pawned some checked Linnen at a Pawn-Broker's in Horselydown, which I redeemed for 2 s. 6 d. This Pocket-Book, and these two Buttons, belonging to the Set which is upon this Coat, which I have had near twenty Years, and some other Things, were found in a Trunk in her Sister's House.
Ann Church . I live at Watermans-Hall , this Check was cut off a Piece which I have brought here, I missed the Goods the 8th of January, and found the Cambrick and Irish Cloth in a Trunk at her Sister's; these are several more Pieces of Check which were along with them: - She said, when she was my Servant, that she had a great Trunk at her Sister's, which was too big to bring to my House: - I had several Pieces just come in, which they were cut off from, and can swear to them; this Handkerchief is my Husband's, there's a C upon the Corner of it; I lost more Things which I have not yet found.
- Bowles. I am a Constable for the Borough of Southwark. I went with a Search-Warrant, and at a House in Horsely-down, several of these Goods were found in a Trunk; and she confessed she had some of these Things from her Master's.
Prisoner. The Irish Cloth, belonged to me before. Guilty .
Joseph Lane , January 19 .
Joseph Lane. On the 19th of January, I lost a Cheese, this Cheese is mine; both the Prisoners confessed the Fact.
A Girl. I am 14 Years of Age: Between 7 and 8 o'Clock, on the 19th of January, I went into Mr Lane's Shop to buy a Pound of Cheese for my Mother; these 2 Women came in, and said, they wanted some Bacon, the Person in the Shop, said they did not sell Bacon, but they shewed them some Ham, which they could not agree for; one of the Prisoners said, they might as well buy a Pound of Cheese there, as any where, and went to look at the Bits. Catherine Rowland , the tallest, took the Cheese out of the Shop, and they both went away : I told the People of the Shop they had stole a Cheese, and they run after them.
- I am Porter to Mr Lane: I was just come back from delivering a Burthen; says this Girl, One of the Women who were in the Shop, has stole a Cheese; I threw down my Basket, and asked which Way they were gone; and followed them, the tallest had nothing upon her. I found it in the Apron of the shortest, and said, Oh! you brazenfac'd Hussies, how could you come into a Shop under the pretence of buying, and steal a Cheese? The shortest one said, she did not take it, but the other Woman took it; I found them in Bull-head Court.
Rowland. I went into the Court, for something I wanted to do, I never was in any Crime in my Life before: Ask my Fellow-Prisoner, whether I ever saw her in my Life before that Time. Guilty .
138. + James Roberts , of St Anne Westminster , was indicted for assaulting Thomas Dell , on the King's Highway; putting him in Fear, &c. and taking from him a Leather Bag, val. 10 s. one Dozen of four pronged Silver Forks, val. 10 l. four Pair of Silver Snuffers, val 5 l. 2 Silver Snuff Pans, val. 5 l. and a Piece of Copper, val. 3 s. the Goods of John Neville and Ann Craig , January 28 .
Thomas Dell . I am 16 Years of Age; a Month ago, next Friday, I was robbed in Leicester-Fields , about 30 Minutes after Seven o'Clock at Night: - I was knocked down and had my Things taken from me; I had two Blows upon my Head, one before, and the other behind, and was robbed of a Dozen of Silver 4 pronged Forks; 4 Pair of Silver Snuffers, and 2 Silver Snuff Pans: These Goods were all my Master's - Mrs Craig is Partner with my Master : I take these Goods to be her's, as well as John Neville's. - I do not know how many were in Company - I do not know the Prisoner at the Bar: - I have been Apprentice about a Quarter of a Year. - There were some of the Goods found upon the Prisoner.
Prisoner. I was in a Blue Coat and a laced Hat that Night, ask him if he knows any Thing of my Dress? Ask him if he knows any Thing of a tall Man, in a Blue Coat, and a Gold laced Hat?
Court. He does not accuse you with taking them so if there is no other Evidence, you will be pretty safe.
John Neville . I am Partner with Mrs Craig. I lost a Leather Bag, with my Name upon it; (Mr Neville, repeated the Plate, as mention'd by the Boy and a Piece of Copper the Boy bought by the Way, which he had in the Bag with the Plate.
Q. How came he to have such a Charge of Plate with him, at that Time in the Evening?
Neville. I had sent them to the Hall to be marked, and he was bringing them home - these are my Goods; they are what were taken from the Boy: - They are not much in Fashion; they were made by Order of a Gentleman: Here is directly half the Plate, as if it was weighed; - I gave Orders, to send out Warnings from Goldsmiths Hall, and by that Means, I came to hear of the Plate: The Prisoner went to Mr Mason's, in Bishopsgate-street, and offered him this angle Fork to sell: Somebody happened to come into the Shop, who had seen one of the Advertisements; Mr Mason, detained the Prisoner and sent for me: I went there, and charged the Constable with him, and carried him before my Lord Mayor; and all the Way he went, he said he found only that single Fork: That he kicked it before him in Bri Mouse; but did not know it was Silver, or what it was; I got a Search-Warrant; he said at last, that he found a Bag with my Name upon it, and the Plate in it; and said it was at his House, that he lived in Wentworth-street, Spital fields: I went to search his House and found nothing but the Bag; I came back to him, and said, are you not a pretty Fellow, to make a Fool of me, to send me to your House, and tell me I shall find my Bag and Plate, when there was nothing but the Bag: The Plate was afterwards found concealed in the Woman's Cloaths, where he sent them.
Prisoner. As to what Mr Neville says, that I said I found but one Fork; I never said I found but one Fork.
Neville. The Woman that stands here behind me, when I mentioned a Search-Warrant, said, you may as well tell Mr Neville the Truth, and then he said he found the Bag and the Things in it.
Prisoner. Mr Neville said, before my Lord Mayor, that the Robbery was committed by Day light.
- Storer. It was a Moon-light Night; my Master never said so.
Neville. The Boy was cut to the Skull, and kept his Bed 10 or 12 Days.
Tho Mason . On January 29, in the Morning, the Prisoner came to my Shop, and brought this Fork for me to buy; there was a Man in the Shop, who told me, that Mr Neville's Man had been robbed; that there were Warnings out, and he believed, that was one of the Forks he was robbed of; the Prisoner said he could give a good Account how he came by it; I sent for one of the Warnings, and read it to him; you hear what it is, said I. I must stop you and the Fork: I took the Fork, and locked it up, and sent my Boy for a Constable, and charged the Constable with him; he said he found it some where by Grosvenor-square. I sent a Porter for Mr Neville, and when Mr Neville came he took the Prisoner before my Lord Mayor : I went to my Lord Mayor's and produced the Fork.
Q. What did the Prisoner say for himself there?
Mason. I did not hear that. - I was ordered to keep the Fork till the Trial was over.
Elizabeth Nash Mrs Roberts came to my House, and said her Husband had got a great Find, and desired my Husband to go to his Partner: I said, my Husband could not go, and she gave me this Plate; five Forks, two Pair of Snuffers, and one Snuff-Pan.
Neville. I cannot pretend to say the Prisoner told me that he had them. These are the Goods that were taken out of that Woman's Cloaths. - The Prisoner told me he found the Bag, and these Things in it; he sent me to his House, where I only found the Bag, and afterwards to this Woman's House, and I found the Plate sewed up in her Cloaths.
Prisoner. Ask that Witness, who ordered her to sew the Things up in her Cloaths.
Charles Wheeler . I heard Mr Neville's Boy had been robbed, as he was carrying some Plate Home from Goldsmiths-Hall : I was in Foster-Lane; there was a Warning brought in there, mentioning the Particulars of the Plate that was lost. I went to Mr Masons's, and the Prisoner brought in a four-pronged Silver Fork; said Mr Mason, I do not care to buy it, it is not finished. I took hold of the Fork, and said, This is one of the Forks that Mr Neville's Boy was robbed of, and directed him where to send for a Warning; and the Prisoner said he knew nothing of any more than that one Fork, which he found in Bruton's-Mouse.
[ The Bag was produced, Neville, St James's Market, 1742, wrote upon it in large Characters ]
Prisoner. I did not see any Mark upon the Bag till the next Morning.
John Alderhead , Mr Mason's Servant, was called, but he not being before my Lord-Mayor, he was not examined. Another of Mr Mason's Servants deposed, that the Prisoner said he only found that one Fork, and that he did not know whether it was Silver or Copper.
James Jennings , Constable. I was charged with the Prisoner at Mr Mason's House, and went before my Lord Mayor; and he said there, that his Wife (as he called her) said that the Plate was at his House in the Bag.
Jeremiah Marlow . On the 29th of January, the Prisoner came to my Shop, to offer two four- pronged Forks unfinished. I said they looked pretty suspicious, and did not care to buy them. He said he found them. I told him it would be the most fair and reputable Way to keep them, for there would be Warnings out about them. He said he would sell them presently, for he once found a Gold Watch Case, and carried it to the Gentleman, according as the Advertisement directed, and the Gentleman did not give him any Thing. - He came to me before the Warnings were out, or I had stopped him.
Prisoner. Ask him what Time the Warnings were out.
Marlow. Mr Neville told me the Warnings were out at Seven in the Morning, but it was later when they came to my House. I live at Aldgate.
Neville. She is not here; I do not know whether she is his Wife or no, there are two lay Claim to him.
William Clay . I live without Aldgate; on the 29th of January, the Prisoner came to me, and brought me one of these Forks, and asked me if it was Silver, I said yes. He asked me what it was worth an Ounce; I told him: He said he had been bid 5 s. 6 d. I told him then he had no Occasion to ask if it was Silver. There was a Woman with him, who came into the Shop. He said he had about forty Ounces; he took a brown Paper from under his Coat, and showed them me; I asked him how he came by them, and he said he found them; said I, these Things are certainly stole; whether you found them or no, if you act like an honest Man, you will keep them by you; or leave them with me, for there will certainly be Warnings out after them; he said, he once found a Gold Watch-Case, and found the Owner out by the Coat of Arms, and the Gentleman was so ungenerous that he would not give him any Thing; and he said, if I would not buy them he would sell them to somebody else directly - there were thirty three Ounces three Quarters. I dogged him out of my Shop into Mr Marlow's; I saw him offer two of the Forks to him, and saw Mr Marlow give them to him again, and nod his Head at him; when he was gone, I said to Mr Marlow, I believe this Man has not come honestly by them, I have a Mind to stop him; and I would have done it, only I had no Advertisement concerning them. - I asked him his Name, and he said, his Name was James Roberts , and that he lived in Wentworth street, Spital-fields : When I came home I found there were Warnings out to describe the Things; I got a Constable and went to his House, and they said, he would be at home in a little Time; I left a Constable over-against the House to take him if he came in, and I went to Mr Neville's and gave him Information of this Affair.
Prisoner. The Gentleman has spoke the Truth: I did design to have subpoena'd him myself.
Neville. When the Boy was robbed it was, as near as I can tell, 15 or 20 Minutes after Seven.
Prisoner. I could not find these Things when I was at work for my Lady; I found them about 8 o'Clock.
Henry Story. I keep a public House. On the 28th of January, this poor unfortunate Man came into my House a Quarter before 8 o'Clock, in the Evening; I never heard a disrespectful Character of him in my Life.
John Brown I was in Company with him about Half an Hour after Seven, when I came from Work. - I never used to keep Company with him, but I was in Company with him at that Time. - I look'd at the Dial in the House.
- Hutchinson. I have known the Prisoner some Years; he has worked for me as a Bricklayer, I never heard any Ill of him. I am a Carpenter.
- Camfield had known him some time, and never heard of any Dishonestly in him. Guilty . Death .
Edward Palmer . The Prisoner is my Apprentice , he took a Guinea out of my Drawer, with a false Key. This is the Key I took out of his Pocket; I tried whether it fitted the Drawer before Colonel De Veil, and it opened the Lock as well as my own. On the 26th of January, I was called out about Ten o'Clock at Night. I had then in my Pocket, nine Guineas and an Half, a Three Pound Twelve, and some Silver; says I, it is too late to take this Money out with me to Night, and gave my Wife nine Guineas, and a Three Pound Twelve Piece, to take Care of; and she did not put it into the Drawer till the 27th: That Morning, between seven and eight o'Clock, the Child said he heard the Door unlock, which made a prodigious squeaking; and told my Wife, the Boy had been in the Room: I did not miss this Money till the Monday following, when I went up for some Money, and then I missed a Guinea; said I to my Wife, How is our Money converted? Here is but four Guineas out of nine; and I have made Use but of four, with one, I have taken out now. Monday in the Evening, I called the Prisoner within Doors, and said, you have robbed me of a Guinea; when I first taxed him with it, he denied it, but afterwards confessed that he took a Guinea out, and that he opened the Lock with this Key, on Thursday Jan.
Ann Palmer . My Husband left this Money with me January 26; I did not lay it in the Drawer till the next Day: I put in a 3 l. 12 s. and nine Guineas; on the 29th I took out two Guineas, and afterwards fetched another; on Monday my Husband went up for a Guinea, said he, How much Money have you made use of? I said, I had taken out 3 Guineas: he said there was but five Guineas when he went up, and he had taken out one, and now there is but four; and there was but four Guineas, and the Three Pound Twelve Piece; said I, What is become of it? Knowing myself to be innocent: My Husband went into the Shop to the Prisoner, and put his Hand to his Collar; says he, You have robbed me: Says he, I rob you? What do you mean by that? There was taken out of his Pocket, a Shilling, a Six-pence, a Farthing, and this Key: He confessed he took the Guinea out of the Drawer.
* He was to have been tried the last Sessions, but that he found Means to make his Escape from Newgate
Robert Bedwin. These are my Pumps.
- Hamphill. I missed two Pair of Pumps off the Shelf in my Master's Cellar; and about two Minutes afterwards, I took Notice of the Prisoner at the Bar, attempting to take three Pair more, and he had these Pumps under his Arm.
Prisoner. I went down to buy a Fair of Shoes, and made a sort of a stumble, and my Hand fell upon the Shelf. Guilty .
Alexander Black . The Prisoner stole three Mahogany Boards at several Times, and confessed the taking two Pieces of Mahogany, and three or four Deals. I lost these out of my Yard, and found them and several more at one Mr Barrow's; the Prisoner said, he sold them to him; I know them to be my Boards, because I had more of the same Wood, and there happened to be a particular Mark on one of them.
Hawkins. I saw him take two Fineres out of the the Yard, and carry them off.
Prisoner. There was a couple of Fineres, which the Boy saw me take away; I was going to shew them to a Customer, but the Boy brought me back again: I know nothing of the others. Guilty, 10d.
Richard Evans . On Sunday, February 13th, a little after Eight at Night, I was going along Cheapside ; the Prisoner spoke to me, and she and another hussled me, and got my Money out of my Pocket. I took the Prisoner, and carried her to the Watch-house in Ludgate-street: - I do not know who took it from me: She had some of it; there was one particular Piece which I knew, it was a Six-pence with a Letter upon it; I know it by that S. the Prisoner had that Piece of Money.
George Dunn . I was going to set my Watch being Beadle of the Night: A Man spoke to me, and said the Woman had robbed him of 4 s. 6 d. as soon as I had set my Watch, I examined her: she put her Hand to her Pocket, and I caught hold of her Wrist, (before I searched her, he said he had lost a particular Six-pence) she was going to put it into her Pocket or some other Place. I took the Six pence from her.
Prisoner. This Man followed me from Stock-Market to Honey-Lane-Market, and put his Hand up my Petticoats, and said he would give me Six-pence to lie with me, then he said he would give me but Three-pence. I said I could not take it, and said I had not Three-pence to give him; he said I should go into Honey-Lane-Market, and that I should not go till he had lain with me; and he laid me down upon a Stall to lie with me, and gave me this Six-pence. Acquitted .
Richard Walker . These are my Goods, they were found upon the Prisoner. I lost them out of my Room in Black-Friers .
Ann Walker . I took the Prisoner in Fleet-Lane with these Goods, and brought her to my House with the Goods in her Lap; I asked her how she came by them, and she said she did not know where she got them.
Prisoner's Father. She is a poor Girl, and sometimes troubled with the Falling-Sickness. I left a Bottle of Bitters in the Window, and she took a Draught, and I suppose made herself out of Order; she is foolish between whiles; she had no Occasion to steal them, for she had Nine-pence half-penny in her Pocket, and she carried them openly in the Street, which shows she did not know what she did: She is all the Children I have out of Fifteen, God bless you use her as well as you can. If she is released, I'll take care to send her far enough from London, if she has got into ill Company.
Jury. How came you to know she had got you. Things?
Ann Walker . Because my Brother sent me Word they were lost, and I went out to see if I could find the Person that took them. She had two Candlesticks in her Hand, and a Pint Pot, and the rest in her Apron. Guilty 10 d.
The Prosecutor not appearing she was acquitted .
145. + James Smith , of St James, Clerkenwell , was indicted for breaking and entering the Dwelling-House of Ann Dobney about the Hour of Seven in the Night, and stealing 1 Silk Gown, Value 20s. 1 Cloth Mantelet Value 5 s. 1 Piece of Linnen Cloth, Value 1 l. the Goods of Ann Dobney ; 2 Red Damask Skirts, Value 12 s. 2 Quilted Coats, Value 8 s. and other Things, the Goods of John Knell , February 1 .
Ann Dobney . 1st of February, the Window-Shutters of my House were broke open, and the Windows broke, and the Goods taken away: This Gown is my own, it was in the House when I went out, and before I came home it was stolen. - The Girl found this Gown and the other Things in this Bag - I found them at home; they were brought back, as was the Prisoner.
Prisoner. He is here but he is ashamed to look up.
Q. Where were they found? Where had them you again?
Knell. They were had again - the Constable had them - the Constable sent for me between Seven and Eight o'Clock, and when I came to the House, that Man (the Prisoner) was in the House; I search'd him and found a Chissel upon him, but did not find any of the Goods upon him.
Q. What did he say when he came before the justice ?
Knell. He denied the Fact.
Ann Dobney , jun. On the 1st of February about Six o'Clock. I shut up all the Windows and made them very fast, and between Seven and Eight they were broke open; the Goods were in my Mother's House; I heard a Noise in the House and I went to open the Parlour-Door, and the Prisoner at the Bar was half in the Window and half out; he was getting away, and just as he got out of the Window, he turned about and looked at me; I cried out to my Brother, and he came and took him directly - he never was out of my Sight 'till he was taken; I saw nothing upon him - a little Boy happened to be playing at the Door and saw him drop the Bag - it was Candle Light - between Seven and Eight o'Clock, in the Evening - there was a Lamp at the Door - I am very sure he is the Person.
Q. Did you ever see the Prisoner before?
Ann Dobney . Not before six o'Clock that Evening when I was shutting up my Windows, and then he came and spoke to me, and asked me, if there was not a Midwife lived there? and I said, Yes: He said, he should want her by-and-by for his Sister. I am sure the Prisoner is the Man I saw get out at the Window.
A Girl. I am 13 Years of Age the 9th of April - I am not afraid to take an Oath, for I will speak nothing but the Truth - I saw that Man threw a Bag out of the Window, and take the Bag up, and he afterwards dropped it; he could not easily get the Things out at the Window.
Girl. Yes, I did. he was never out of my Sight 'till he had taken him.
John Knell is an Acquaintance of and he said, he would hang me right or wrong, for the Sake of the Reward; he put his Knee against that Boy before Justice Wroth, and bid him say every Thing he said; he has bought the Boy that Coat to swear against me
( The Boy was not examined. )
Constable. I heard the Prisoner say to Justice Wroth, that Knell had tutored the Boy, and that he had been putting Words in his Mouth; but I really believe he did not want it.
Penelope Sussaker . I was coming by and saw a great Number of People by the Justice's Door; I stood to hear, and I heard the Prosecutor say, he would hang the Prisoner if it was possible - if it was in his Power.
Elizabeth White . I was coming by, and seeing a Crowd I desired to know what was the Matter; I followed them to the Justice, and I heard Smith ask Knell, if he had not a Brother named James; and said, he was another Rogue like himself; and Knell said, he would hang him if it cost him all he had, and James Smith said, he must bear it with Patience.
- Marriot. I have known the Prisoner 10 or 12 Years; he is a Needlemaker ; I have known him to be as hard a working Man as any in the Kingdom, and have kept him Company; 'till this Affair, I never heard any Ill of him, but that he always had a good Character.
Richard Badcock . I have known James Smith 18 or 19 Years; I never knew any Ill by him in my Life, I have seen him frequently at the Red-Cross, in Red-Cross-street; he came frequently with his Bread and Cheese in his Hand; he has an universal good Character.
Mary Oakley . I have known him about 10 Years together, and lived almost next Door to him; he worked with his Brother, and bore a pretty good Character; I only became acquainted with him by living in the Neighbourhood.
William Bailey . I live at the Red-Cross, in Red-Cross-street - I rent a Room there; I have known the Prisoner 20 Years, and he always had a good Character; I have delivered him many a Tankard with Beer, and he always took Care to bring the Tankard to the Bar; I never heard any Harm of him in my Life.
Theop. Thorp. I have known the Prisoner the best Part of 30 Years: He has worked Journey-Work with me 5 or 6 Years. I was a Master, but by Casualties in the World, I am off it now: I never heard any Harm of him, I have known him 'till lately, I work for his Brother now, and he works for him sometimes.
Rebecca Green. I have known James Smith 14 Years. I never knew any Dishonesty by him in my Life: He was a very honest young Fellow; I kept a House on Snow-Hill, and he might have robbed me of Plate, and other Things; and Money, if he wou'd: I never knew him charged with any thing before.
Mary Wilson . I have known him between 3 and 4 Years last past, and believe him to be a very honest Man: When he lived at my House, he used to go out in a Morning, and come home at Night in good Time; I never knew him pilfer, or do any Thing.
Knell. He was going from my House.
Q. Are you sure that the Prisoner was in the House?
Prisoner. She said she was in a great Surprise, when the Man jumped out of the Room; if she was, how can she be sure I am the Person?
Dobney. I was frightened, but I was very sensible.
The Girl called again. - I am sure, I saw that Man (the Prisoner) throw the Bag out of the Window. Guilty , Death .
Robert Rowls . On the 29th of January , I had brought half a Load of Hay, and half a Load of Straw to Mr Collet's; as I was going with it to the Stable, the Prisoner said, I can lead your Fore Horse; said I, Do you belong to Mr Collet? He said, yes; he followed Mr Collet's Son into the Stable, came running back directly, and said, You must go to the Stable to my Master, and I will give your Horses a Month full of Hay: Make Haste, said he, for he will be in a violent Passion. I staid about four or five Minutes, and when I came back, the bit of Hay which I gave him was flung down by the Shafts of the Cart, and he was gone; thinks I, surely he will not steal any Thing; I looked about and my Coat was gone: It was the lower End of Harrow-Alley, without Aldgate ; the Coat hung upon the
Prisoner. I went to do my Occasions; another Man run away with the Coat, I went to run after him and could not find him.
Elias Collet . On the 5th of this Month I was informed, that the Man was taken who stole the Waggoner's Great-Coat; I went to the Magpye Tavern, and asked him how he could be such a Villain to take the poor Fellow's Coat; and which I thought was worse, in biting him so, that he might be hindered from getting his Bread: He said, he did not steal the Coat, but another Man, and that he ran after the Man, and the Man sold it in Rag-Fair for 2 s. and he had 6 d. of the Money; afterwards he said, the Man dropped 6 d. upon the Ground; then he said it was upon a Stone, and then upon a Brick, and said, if we would forgive him he never would go a Coat-stealing with any Man any more.
Prisoner. I saw 6 d. lie upon the Ground and I took it up; I know nothing of the Great-Coat. Guilty 10 d.
147. Jane Winnell , otherwise Martin , of St Andrew, Holbourn , was indicted for stealing a Brass Sauce-pan, a Pair of Sheets, a Blanket and a Pillowbier, 3 Earthen Plates, a Copper-Tea-Kettle, Value 10 s. 6 d. the Goods of Robert Jones , in her Lodging , January 24 .
Robert Jones and Elizabeth Jones deposed, that the Goods produced were theirs; that they were found at Singleton's, the Pawnbroker's; that the Prisoner and her Sister came together to take the Room, one in the Name of Winnell, and the other Martin; that Ann took the Room and promised Payment; that the Grand-Jury had not found the Bill against Ann, and that Jane, the Prisoner, owned the taking of the Goods. [The Prisoner consented the Prosecutor should have the Goods again, and the Pawnbroker's Servant said, his Master was willing he should have them] Acquitted .
Frances Baker . My Sister having lost a Pair of Tabby Stays , insisted upon searching the Prisoner's Box, and found the Things mentioned in the Indictment; the Marks are cut out of all except one Sheet: Mr Baker and Mr Prouse are Partners in Trade, and the Linnen belongs to both; the Prisoner owned she took them out of the dark Closet and cut the Names out.
Mary Prouse . I told the Prisoner I had missed some Things, and to prevent Disputes the best way was to search her Box; I took hold of some Sheets, which had my Brother's Name upon them; said I, Catherine you had these Sheets out of the dark Closet: Said she, Pray, Madam, do not let my Master and Mistress know it: Said I, Catherine take your Things and go about your Business; (she was a very good Servant) she fell down on her Knees and desired I would forgive her, and said, she never did such a Thing before and never would again; - We are Sisters, the Prosecutors are Brothers-in-law.
Prisoner. Madam, was not I a good Servant ?
Prisoner. This is the first Fact; I never did so before. Guilty 10 d.
John Perthy . On the 23d of January, as I was coming through Aldgate , the Prisoner asked me where I was going; I said, Home; she bid me go down an Alley and stay 'till the Watchman was gone by; we had two or three Words together, and my Hand was under her Cloaths, and she picked my Pocket; I called for the Watch; she got behind some Casks, but I charged the Watch with her: I had 17 s. and 6 d. just before - I know it, because I gave a Watchman a Half-penny at the Bars for a Dram; I felt in my Pocket and had but 6 s. 6 d. she desired me to feel in this Pocket, and I found 6 s. in it which she had put in; she would not own any more, she said, she had it not.
George Wardley . Sunday the 23d of January, a little after 12, this Man came to the Watch-house with this Woman and a Watchman; he said, that they had some Conversation together in the Alley, that he missed his Money and pursued her; he said, he was sure he had the Money before he came to her because he gave a Watchman a Half-penny for a Dram; she bid him feel in his Pocket, he felt in his-Coat Pocket, and there was 6 s. Oh you B - h, said he; Mr Constable, shall I make the Watchmen drink? and he said, if she would not give him 5 s. which, he said, she had stole from him, he would charge the Constable with her; we searched her but could not find it. Acquitted .
150. Lewis Le Drew, otherwise Philip Dupuis , of St James, Westminster , was indicted, for that he, on the 29th of August, 1730, at the Parish of St Ann, Westminster, did marry one Ann Dod ; and that the said Lewis Le Drew, &c. afterwards, to wit, on the 18th of December, 1742 , did feloniously marry, and to wife take, Mary Clar , Spinster, his said Wife, Ann Dod , being then living and in full Life .
It was observed by the Council that the Prisoner was by Birth a Frenchman, and by Trade a Lock-Smith , and, coming from France, went by the Name of Dupuis; but he having a Father-in-law, in France, whose Name is Le Drew, who is an Artist in making Spring-Window-Curtains, he changed his Name from Dupuis, and assumed that of Le Drew; that he was married to one Ann Dod , and afterwards paid his Addresses to one Mary Clar , and having insinuated himself into the good Opinion of the young Woman, he was, in December last, married to her; and having possessed himself of some Part of her Fortune, they lived together for the Space of three Weeks; that he, being a Person of a bad Character, and having another Wife, she was advised, by her Friends, to come away from him; that it is but a single Felony and the Punishment hardly equal to the Offence.
Catherine Whitehall . I have known the Prisoner about 13 Years - I do not remember which Name he went by then, he goes by the Name of Le Drew now: I was present at the first Marriage, at St Ann's Church, Soho, about 13 Years ago, he was married to Ann Dod , a Person I know, who desired me to be present; there was a Man who gave her away but he is dead; they bedded at my House that Night, and lived some few Weeks with me 'till they were settled - I heard the young Woman say, they had been at the Commons for a Licence - I saw her the 13th of December last.
Dorothy Pipping , that is my Name now; my Name was Rumbald then; my Husband gave her away in Marriage, he is dead - they did live together, as Man and Wife, as I suppose - I believe they lived together as such, 8 or 10 Years - he followed the Business of a Bell-hanger. I was not at the Wedding.
Justice De Veil. The Prisoner lived in my Neighbourhood a considerable Time, when I lived in Leicester-Fields, he did Business for me, and lived with that Woman as his Wife - he passed for the Husband of that Woman.
Elizabeth Gough . I have known the Prisoner 2 Years, he went by the Name of Lewis Le Drew; I know his first Wife very well; I have heard him say, he was married to one Ann Dod ; they lived together as Man and Wife - I have heard him say he was married to Ann Dod by the Name of Philip Dupuis .
Mary Clar . (The second Wife) I was married to the Prisoner the 18 of December last, in Brewer's-Street, one Jonathan Fisher gave me away - one Butler married me - he was a Chaplain to the Portuguese - he was not in a Clergyman's Habit. - I was not married in a Church, I was married in a Room - the Ceremony was said over.
Q. How long did you cohabit together after the Marriage?
Q. Did you know Butler before?
Q. You say he was a Chaplain; Can you take upon you to say he was a Clergyman?
Clar. He is a Priest, I know he is one. - I am of the Romish Persuasion myself. - It was the Romish Ceremony that was said over. - The Ceremony is much the same as the Ceremony of the Church of England. - I think it is just the same.
Jonathan Fisher . I was present at the Marriage, and gave her away; it was the 18th of December, at a private Room in Brewer's-street ; they were married by Mr Butler, one of the Chaplains to the Portuguese; there are ten or twelve of them.
Henry Taylor . I never saw the Prisoner but once. I know his former Wife, I saw her about a Fortnight ago.
Prisoner. I never went by the Name of Du Puis, only Le Drew; what they say is quite false; there was no such Thing. - I beg your Pardon, there never was any Body could say I was married to her: She went for my Wife, but we never were married. Guilty .
Matthew Dove . My Servant left three Butts at the White-Hart in Whitechapel , February 4, in the Morning, and they were found in three different Places: they belong to me and my Partner; I understand the Prisoner has been five Times in New Prison for these Practices.
William Nicholls . The Prisoner asked me to let him roll a Butt into the Yard: I heard a Noise, went out, and saw the Prisoner with some Hoops upon his Shoulder; I said to my next Door Neighbour, there is some Treachery in this. We put the Head of the Butt together, and there was a Wind-Mill upon it. Said I, this belongs to Execution-Dock. He said there was one knocked down in the Green-Man Yard, in Newcastle-street, with a Wind-Mill upon it, Mr Dove's Mark, and another with the same Mark in another Place.
John Carey . I met the Prisoner with a Butt in Five-Inkborn-Alley, and he desired to roll the Butt up. When I came back, I found the Butt was knocked to Pieces, and the Hoops off, but who did it I cannot tell.
Another Person deposed he saw a Man rolling a Butt down Whitechapel; it was not quite Day-light, he seemed to be a stout Fellow, in his own Hair, but was not sure it was the Prisoner.
Michael Pemeroy . Mr Dove sent his Servant to me, to know if I would let him send some Butts into my Yard, at the White-Hart in Whitechapel. In the Morning I heard the Butts roll in the Yard. I came out, and this Lad said he saw a Man rolling a Butt, but he could not tell what he did with it.
152. + Richard Clarke , was indicted for breaking and entering the Dwelling-House of Charles Laycock; about the Hour of Twelve in the Night, and stealing one Cambrick Stock, val. 1 s. and 6 d. one two Quart Silver Tankard, val. 12 l. two Silver Pint Mugs, val. 7 l. one Silver Porringer, val. 3 l. one Silver Tea-pot, val. 5 l. a Silver Milk-pot, val. 30 s. a large Silver Spoon, val. 17 s. a small Ditto, val. 10 s. six Tea-spoons, val. 24 s. a Dram-cup, val. 10 s. 2 Pair of Silver Shoe-Buckles, val. 8 s. a Pair of Silver Knee-Buckles, a Silver Stock-Clasp, &c. the Property of Charles Laycock , Feb. 5th .
Charles Laycock . My House was broke open Feb. the 5th, the Fence was broke down at the Bottom of the Sewer in Summer-street , by Hockley in the Hole: They got into the Yard, and in at the one Pair of Stairs Window, by breaking a Pane of Glass, and so opening the Casement: No-body was in the House, when it was broke open; I fastened it about Twelve at Noon, and returned home about Two in the Morning; the Chamber-Door was opened, and the Staple wrenched back. I lost all the Goods mentioned in the Indictment, and a Silver Salt. - The Street-Door was locked when I came home, I unlocked it, and found the Yard-Door open: - I suspected the Prisoner, because No-body knew where the Plate was put but himself: He lived in the Neighbourhood, and used to go to Rumford, and unload Carts for us. - I am a Poulterer, and stand in Clare-Market; he said he never was out that Day, and I can prove he was out, and borrowed a Ripping Chissel.
Mary Laycock . I believe the Prisoner to be the Man, because he was often in our House, and used to go backward and forward in our Bed chamber, and all about the House: and has dined with us often, which I did, out of Compassion to his Children and him, as he had a great Family: The Box in which the Plate was, was carried down to the Sewer, and opened with a Ripping Chissel, and a Box with my Husband's Cloaths, and some Linnen in it, was left in the Sewer, but, there was nothing taken away but the Plate; and when I searched his House on the Monday following, he had a Spade which was one Farmer Bowden 's; and I believe, he buried them with that Spade, he said he was not out all Saturday, but he was down at the Ditch-Market, and borrowed a Chissel to take off a Lock.
Prisoner. I know nothing of it; Ask her when I was at her House?
Mary Laycock . He kept a bad House in Black-Mary's-Hole, and I would not suffer him to come to my House upon that Account; the Parish allowed him a Crown a Week for his Children.
A Witness. The Prisoner came to our House to borrow a Chissel to take off a Lock, but I had never an one. Acquitted .
153. + William Thackham was indicted for breaking and entering the Dwelling-House of Rich. Hollingsworth, between One and Two in the Night, and stealing twenty Pair of Leather Clogs, val. 3 l. and one Pair of Leather Pattens, val. 3 s. the Goods of Richard Hollingsworth , in his Dwelling-House , January 8 .
Richard Hollingsworth . I live in Blackmoor-street, Clare-Market : On January the 8th, my House was broke open and I was robbed; I went to Bed about One o'Clock : The Window-Shutter was up, and all fast as I thought, but the Prisoner had stole the Pin out of the Window Shutter: When I got up about Eight o'Clock on Sunday Morning, I found one of the Shutters was down, and taken away; the Glass was broke, and all the Goods taken out of the Window, it was a fixed Sash that could not be moved. Missing my Goods, I advertised them, and had some Bills given to the Shoemakers, for I thought they might be sold to some-body of the Trade : Mr Laws came to me, and told me, he believed he had bought some of my Goods; he said there were two Pair of plain Clogs; on the Thursday following, he sent his Man with another Pair, I went, and the Prisoner was secured: They were my Cloge, these are the Goods, the Prisoner served his Time with me, which was out about fourteen Months ago; I charged him with being concerned in the Fact, and he said, that himself, Johnson, and Morris, were concerned in this robbery: On the Saturday Night, he said he watched my Wife into the Closet, and while she was there, he stole the Key and Pin out of the Window; that they came again about Two o'Clock, and took the Bar and Shutter down, and took the Goods out of the Window; that they divided them among them. He sold them for Six-pence a Pair less than they cost me.
Andrew Laws . The Prisoner brought some Clogs to my House, and I bought them, as I had bought of him several Times before; I did not suspect them to be stole, till I had seen Mr Hollingsworth's Advertisement. He came to me again, and I stopped him, and Mr Hollingsworth came and owned the Goods. The Prisoner said, that late on Saturday Night, he watched an Opportunity, when the good Woman's Back was turned, and whipt the Key and Pin out of the Window-Shutter, and waited till about two or three in the Morning, and then took the Shutter down, broke a Pane of Glass, and took out twenty Pair of Clogs, and one Pair of Leather Pattens; that they divided them, and there was seven Pair a Piece; and he impeached two others. - Colonel De Veil asked him whether he had any Body concerned with him, and at first he said no; the Colonel told him it would be better for him to confess the Truth, as he might have an Opportunity of saving himself; then he fell a crying, confessed it, and told us his Accomplices; he said he was the Projector of the Thing, and was concerned with them.
Prisoner. Ask him, when he bought them of me, whether he did not think I could make them for the Money he gave me, or that he could buy them of other People so?
Laws. We always buy cheaper of them than we do of a Shop-Keeper. They will sometimes give their Labour away, and they can afford to sell them cheaper than a Shop-Keeper can. I detected him as soon as I suspected they were stole.
Prisoner. My Master says he did not see the Shutter down till Eight o'Clock in the Morning; if it was broke at Two, How could the Watchman go by so often without seeing it, and letting him know it?
Hollingsworth. Then you question whether it was broke open at all?
Prisoner. I do not believe it was broke open?
Elizabeth Wilson . Last Thursday was five Weeks, I landed at Somerset-House; I came from Billings-gate; I met a Woman with something in her Apron, and asked her what it was, she said a Pair of Clogs. I asked her what she would have for them, she said Eighteen-pence, and I said I would give her Sixteen-pence; and I would have bought them, if they would have fitted the Shoes I have on, [set looked over the Clogs] Let me see, - these are not them, - these are the Clogs that the Woman offered me, I can swear to them from fifty Pair.
Hollingsworth. This Creature goes for his Wife.
Wilson. I never went for his Wife, I never saw him before.
Prisoner. He has had a Reward for convicting a Man before, and he thinks to take away my Life for the Reward.
Hollingsworth. I never was in Court before, but upon the Jury.
Wilson. The Prisoner was not the Person that offered me the Clogs, it was a Man and a Woman together, who were selling Things in the Street.
Jane Wallis and Frances Grew said they have trusted the Prisoner with Things of Value, and he never wronged them. Guilty of the Felony, acquitted * of the Burglary.
* As it may be thought by some Persons, that this Verdict is not exactly agreeable to the Evidence, it may be presumed, that the Reason which the Jury went upon was, that the Prisoner was at least advised, if not encouraged, to confess, in Hopes of being made easy; and as this Confession was given, as it were, under publick Faith, the Jury might very well throw that out of the Case; and then there is not sufficient Evidence of the Burglary, for Mr Hollingsworth knew not that his House was broke open till Eight o'Clock in the Morning, and therefore it might have been done after it was Light, in which Case the Offence is not Burglary
154. + George Brown , of Ealing , was indicted for breaking and entering the Dwelling-House of Elizabeth Woodman , in the Day-time, and stealing one Camblet Gown, val. 10 s. one Pair of Stays, val. 10 s. one Pair of Sheets, val. 5 s. six Linnen Caps, val. 2 s. one Dimitty Mantle, val. 12 d. one Child's Coat, val. 6 d. the Goods of Elizabeth Woodman ; and one Camblet Gown, val. 10 s. and one Pair of Stays, val. 10 s. the Goods of John Clarke , February 16 , in the Day-time, no Person being therein .
Elizabeth Woodman . I live at Ealing : My House was broke open the 16th Day of this Month about Eight in the Forenoon; I was out, and my Daughter was at work in the Neighbourhood. When I went out I locked the Door fast; I did not leave any Body in the House; Farmer Squire 's Man, who lives hard by, saw the House open and brought me Word of it; when I returned, I found the Door open, and that the Goods were taken away. - The Door was not broke open, it was opened some-how by the Lock: The Prisoner was pursued, taken, and brought back; and he confessed, that he had taken my Things, and said, he should be hanged. They lay in the House in a Basket when he took them. - These are my Things - These are Mr Clarke's.
Richard Fowler . I heard a Cry of Stop Thief as I was at work in the Field; I laid hold of the Prisoner's Shoulder and took him; he said, he should be hanged: He told me the Things were in a Basket; and that he had thrown them over a Hedge into the Kitchen-Garden.
John Freebourn . I asked the Prisoner if he had broke a House open: He said, he had, but he could not tell whose it was; he said, it was on this Side of the Church, that Way nearer Hammersmith. I asked him, what he thought the Things might be worth? he said, he believed about 30 s.
Prisoner. I have nothing to say for myself; I leave it to the Court and the Jury. Guilty 4 s. 10 d. ||
|| The Offence this Prisoner was charged with is made capital by 39 Eliz. c. 13. but to make it so highly penal, the Jury must find a breaking, and taking to the Value of 5 s.
155, 156. + Henry Bulley and Ann Peacock , otherwise Bulley, otherwise Hubbard , were indicted for breaking and entering the Dwelling-House of Joseph Taylor , Esq ; in the Hospital of Bridewell , about the Hour of three in the Night, and stealing one Silver Cup and Cover; 2 Silver Muggs; six Salvers; 3 dozen of Spoons; 2 dozen Silver handled Knives; 37 Forks; 1 Silver Sauce-pan; 3 Salts; 3 Salt-Spoons, &c. Value 80 l. the Property of Joseph Taylor , Esq; in the said Dwelling-House , February 15 . -
They were a second Time charged for stealing the said Goods in a Dwelling-House.
Joseph Avery . I am Butler to Mr Taylor, in Bridewell; I looked the Plate over on the 13th Day of this Month when my Master went out of Town; I left it locked up in the Back-Parlour, in the Beauset, and took the Key with me to Stanmore. On Thursday, when my Master came to Town, I found the Beauset was broke open, and the Plate gone, as mentioned in the Indictment; the biggest Part of the Plate was found; this is the Cup and Cover which I left in the Beauset, locked up when I went out of Town. (There was a Silver Sauce-pan and some other Pieces of Plate produced, which were prov'd to be Mr Taylor's.)
Rachel Walker . When I went to Bed, on Monday was seven-Night, the Door was locked; and in the Morning, I found the Beauset was broke open, and the Plate gone: There was a Boat and a Sauce-pan which stood upon the Dresser, they were both gone. - The Door was locked when I went to Bed, and I believe it was barred: - They came in at the Window, up one Pair of Stairs; the Sash was pushed up.
Q. Are you sure the Sash was down, when you went to Bed?
Walker. I am not positively sure, whether the Sash was up or down: There was a Blind before the Sash, when I went to Bed: That was in its Place then; the Blind goes with Pullies, and was out of its Place in the Morning.
Henry Bulley , his Wife Ann Bulley , and I, were at the Ben Johnson 's-Head, in Shoe-lane. (I never was there three Times in my Life) The last Night I was there, I was with them; it was Monday was seven-Night; and we agreed to rob Esquire Taylor's House, in Bridewell, that Night.
Q. Was you ever Servant to Mr Taylor?
Steele. I never was his Servant. - And accordingly, departing from that House; we entered into Bridewell undiscovered, without any Suspicion; and went up a winding Fair of Stairs. - Yes, I do know, because there were four Stories; but I do not know how high we went: But we went into the House, about Three o'Clock in the Morning; all Three of us. I was the Person, that entered the House; and I will tell you, by what Method; I lay concealed upon the Stairs till Three o'Clock, and then I thought they were all asleep. - At three o'Clock I came into the inner, and then into the outer Court, and Bulley helped me up over the Pallisades; there was a Sash-Window, which I lifted up and entered in, as better knowing the House than he did (though he knew it pretty well). I went down, opened the Door, and let them in, and they struck a Light with their Tinder-box, which they had with them, and broke the Beauset up; they filled two Bags, which they carried away with them, and they left more Plate behind, than they took away: They might have taken Plates and Dishes along with them, which they said were Pewter, and they would not take them; but they were Plate; it was better than this Trumpery. [Meaning a Cloth Coat of Ralph Sleigh's, and a Staw Hat, the Property of Richard Walker , which were laid in the Indictment.]
Court. Was the Window close down when you came to it?
Steele. No, it was not close down by near a Foot, but I could not get into it without pushing it up - They took away all, I had none of it.
Q. What had you nothing at all for your Pains?
Steele. No; I had nothing at all for my Pains.
Q. How did they get in?
Steele. I unbarred and unbolted the Door and let them in - at the outer Door of the House - they went directly into the Kitchen and struck a Light with their Tinder-Box, and lighted a Candle; I shewed them where the Beauset was; and with a Gimblet and a Knife they opened it, and took out what they pleased; they made themselves up 2 Packs, and then went into the Kitchen to see what was there, and they took that Sauce-pan; there was another which was a little blacker than that, which they would not take: I suppose they thought it was not Silver, but they took enough away, and too much too - I am sure the 2 Prisoners are the Persons who took the Plate away, Gentlemen: I have not known the Woman above three Months, but I have known him 20 Years.
Q. Do you know she is his Wife?
Steele. I do not know whether she is or not, he has 2 or 3 Wives.
Richard Pice . On Sunday Night last, Mr Taylor sent for me, with a Message, that he desired to speak with me; he said, he believed he had got a Person who would give him Information of the People who had got the Plate: I went with the Person to a House in Horselydown, but I did not see them that Night; I went over again the next Morning with a Search-Warrant; there are two Doors to the House, 2 of us went in at the Fore Door, and I and another went in at the Back-Door; the first Person I saw was Henry Bulley , and I believed, according to the Account that was given me, that he was the Man; I endeavoured then to know where they lodged, in order to find the Woman, but as I had a Search-Warrant to search the House, I did search Part of it, and they brought me Word the Woman was in the House; we went into the back Part of the House and found her there, and I found a Wooden-Chest, and in that Chest a Brass Pistol: I found this Plate in the House where the Man was: It is the Sign of the Boatswain and Call, in Horselydown, Fair-street; I think the Man's Name is Redrosse; I believe Bulley came in as a Guest, for they told me he did not lodge there.
Richard Pice . In the Room she was in, there was a small Silver Spoon found in the Ashes; I believe they had been burning a pretty many Papers: This little Silver Spoon she had in her Pocket. [The Spoons were proved to be Mr. Taylor's by John Avery ; one of them was marked J. T. the other was marked M. H. B. A. Ann Bulley said that was her own Spoon; and Mr Taylor said, the M. was for Mustard, it was a Mustard Spoon, and that the Letters H. B. A. were fresh made] This Spoon was found in the Ashes.
Council. We shall now prove how this Plate was carried about from one Place to another.
John Gyles . (Coachman) My Stand is by White-Chapel Bars: Last Thursday was sen'night, between Twelve and One, the Prisoner at the Bar (the Man) came to me and asked for a Hackney-Coachman to go to Dulwich; I called a Hackney-man out of the House; I do not know whether he asked him 8Henry Bulley , at the Bell at Dulwich. - He paid my Mistress before I went with him.
Charles Shooler . I took the two Prisoners up at the Flying-horse, in Lambeth-street, and carried them to the Fox under the Hill, at Camberwell; and then went to the Bell at Dulwich, and brought from thence, a four cornered Box: That is the Box, and a hairy Portmanteau Trunk; that I believe is the Trunk: And I carried them into Horselydown, Fair-street, to the Boatswain and Call, and set both the Man and the Woman down there: She took another four cornered Trunk out of that Trunk: - I left the Trunk and the Box there below Stairs.
Richard Pice . I believe, this is the Trunk; Mr Taylor's Plate was in, when I found it: - There is all the Reason in the World to believe so; I left it behind me: But there are the Marks of the Blows, which I made with the Hammer, when I broke it open. - I took the Plate out of a Bag, which was in that Trunk.
Job Steele. I know the Pistol very well. - I own it to be my Pistol.
Job Steele. What signifies my knowing of these Things. I know them very well: These Pistols are your's, I have seen you handle them many a Time: - These two Dark Lanthorns, I believe, are the Lanthorns we made Use of at Mr Taylor's House. - All the Things in the Box, were Bulley's, except one Pistol.
- Elliot. I saw Job Steele come into Bridewell, with a Man and a Woman with him, on Monday was se'ennight, a small Matter before Eleven o'Clock at Night.
Q. Do you know whether the Prisoners were the Persons.
- Elliot. By their Size they are the same; I did not see their Faces. - I am sure Job Steele was one, I have seen him more than an hundred Times, and know it was him.
Andrew Culley . On Shrove-Tuesday, about half an Hour after Five in the Morning, I met both the Prisoners coming out of Bridewell loaded, and I thought they were going a Country-Journey, because they went out Bag and Baggage at that Time in the Morning. I had no Suspicion of them, if I had I should have stopped them.
[Council for the Prosecutor offered to prove that he had another Wife; the Court would not enter into that, as they acknowledged they were married.]
Job Steele. I never saw the Box before in my Life; I know nothing of the Brass Pistol. These other two Pistols I have seen often enough; you had them when you lived at my House; that other Pistol is mine, I have owned it.
Widow Acornley. On the 9th of November last, my Husband went out well, and in a Quarter of an Hour returned wounded and bruised in a very barbarous Manner. - I keep a public House. William Vaughan and Thomas Kenared used him very ill. Hearing a Noise, he went out into the Street with other Company that were drinking in the House: My Husband was never well afterwards.
William Temple Blithman . I am a Painter. I happened to be in the House sitting by this Gentlewoman's Husband, and there was a Noise in the Court, in Castle-Court , among some young Fellows who had picked a Quarrel; I took a Candle and went out to see what was the Matter; when I came into the Court, William Vaughan and Thomas Kendred , and one that I did not know, were fighting: Vaughan had been in another House in Castle-Court: The Deceased stepped cross, and William Vaughan gave him a Blow and struck him down; that was the first Blow I saw. - I did not see any Thing in his Hand. The Man was down and there he lay: I saw no-body strike him but William Vaughan . - Thomas Kendred did not strike the Deceased. The Man was kick'd but I did not see it.
Ann Middleton . I live in Castle-Court. Our House was shut up; but hearing a great Noise in the Court, I listened to hear what was the Matter; there were a great many violent hard Words used: I opened the Door and saw the Deceased in the Court; he did not say any Thing: I saw the Prisoner there, but I did not see him strike a Blow; I shut the Door, and in a few Minutes I opened the Door again, and I think I heard the Blow that knocked the Deceased down. I saw Mr Vaughan and one Stanley who had an Oak-Stick in his Hand: The Prisoner was not near the Deceased when the Damage was done to him. I saw the poor Man raised upon his Backside: It was either Vaughan or Stanley that knocked him down. I spoke to Vaughan and Stanley, and asked them, what they were doing of, and told them, they did not know what Damage they might come to, or what Mischief they might do.
John Bright . I was going down the Court when this Fight was; I went out with the Deceased (who was my Father-in-law) with a Candle in my Hand, to see what was the Matter; there were a great many more run out; and I saw Vaughan knock the Deceased down; the Prisoner came up, but that was after the Blow was given. Vaughan kick'd the Deceased both with his Feet and Knees.
Q. Did Vaughan fall down upon the Deceased?
Bright. No, he stood upright; the Deceased was cut over his Eye and under his Eye. - I did not see any Thing the Prisoner did: Vaughan said, What's he one of them? - that is, was the Deceased one of them.
There was an Affidavit of the Deceased's offered to be produced; but it being made six Weeks before the Death of the Party, and not in Articulo Mortis; and it being made with an Intent, as was alledged, to hold a Person to Bail, it was not admitted to be given in Evidence.
[One Martin was produced, but he could only give an Account of what he heard the Deceased say; so he was not examined]
- Bates, the Surgeon's Apprentice. The Deceased's chief Complaint all his Illness was in his Stomach: my Master opened him, I cannot say what was the Occasion of his Death: he had one Wound over his Eye and another underneath.
John Perkins , Surgeon. I saw the Deceased about three Days after this unfortunate Affair happened; the Reason I sent my Apprentice was, I thought it to be only a common Quarrel, and I love to keep out of those Things if I can: My Servant gave me an Account in what Manner he was wounded, he had one of his Teeth beat out, and had a Wound upon his Forehead; I visited him several Times, he complained of Bruises; he had declined taking of Things some time before he died, I apprehended the Reason of that was, for fear of Expences: I opened him the 16th of this Month.
Q. Did you see any Thing when you opened him, by which you can swear, what was the Occasion of his Death?
Perkins. All the Inwards of the Body were perfectly found, except the Left Lobe of the Liver; I made an Incision and found an Imposthume in it: I understand he had been an ailing Man before, and had lately had a Fever; the Fever might have settled there, and have been the Occasion of the Imposthume: - I believe this might hasten his Death. - The Blow he had on the Head could not occasion that Disorder in the Body; a Blow on the Body will too often occasion an inward Disorder. Acquitted .
At the Prisoner's Desire, the Witnesses were examined apart.
Peter Poule . On the 18th of January , the Prisoner came to my Master's in Mint-square, on the other Side of the Water; and said he wanted two Dozen of Tea, one Dozen of Green, and one Dozen of Bohea, for a Gentleman's Servant in Grosvenor's-square, - My Master's Name is Prior, he sells Tea and Sugar, &c. My Master told me, he had not so much Tea in the House, and could not serve him; and gave me leave to do it, and told me where I could get the Tea to serve Charlestwo Brewers , at the Corner of Nibs's Pound, by Tyburn-Road : He said he was going to Esquire Boothby's in Grosvenor's-square, and took the Basket with the seven Pound of Tea with him; says he, You must give me the Box with the four Pound, and the two half Pounds out of your Pocket; I gave it him, and he brought me my Box again: Said I, Mr Tanner, Why don't you give me the Money for it? He said, the Gentleman's Servant would not give him the Money for that, till he had the other Dozen; we came back and fetched the other Dozen. I had a Link coming over St George the Martyn's-fields, and lighted him till we came to the two Brewers by Nibs's Pound : He not paying me for the first, I thought he would cheat me, and was resolved to see where he was going with the Tea; just before he came to the Place, says he, You must not go along with me to the House, they will be angry; says I, Mr Tanner, Why not? I may pass for your Cousin there's no Harm in that; he said the Gentleman's Servant would come to the Two-Brewers and pay him: I said I would see where the Goods went to, and then he said, Put out your Link, you Rogue; and before he came to Mary Sutton 's House, he said, D - n your Blood, give me the two half Pounds of Tea. He took the Tea out of my Pocket. - It was cut out of my Pocket. Here is the Cut he made to get it out. Then he went into Mrs Sutton's about Ten o'Clock; says she, Lord, Mr Tanner, What do you do here, at this Time of Night? He asked who was in the House; says she, There's no Body in the House but Thomas. He called Thomas, and then he said to me, D - n your Blood, you little Dog, give me the Box; and he took the Box, which was in a Handkerchief, and gave it to Thomas, and he run away with it. He sat down in the House a little while, and I asked him what he meant by taking the Tea from me; he said, D - n your Blood, you Dog, what makes you uneasy, the Man will come with the Money presently; and a little while after, he went towards the Door, and run away from me; when Thomas came back, I asked him what he had done with the Goods, he said he had carried them to the Two-Brewers, and that Tanner then took them away from him. I did not know what to do for a Lodging, and they let me lie at the Two-Brewers, and I gave them two-pence for it. I knew Tanner belonged to the Horse-Grenadiers, and I knew the Corporal. I went to the House where Tanner lodged, and knocked at the Room-Door, and asked for him; says a Woman that lay with him, - I do not know whether she is his Wife or not; says she, he is not within; What do you want with him? Said I, I want to speak with him. I listened at the Door, and heard him whispering; said I, Mr Tanner, I want to speak with you; D - n your Blood, says he, What do you want? Says I, you know what I want, you know you robbed me last Night; I want nothing but what you robbed me of, or my Money: He got up, and said I should have it; but he never would give me either Goods or Money. Says he, D - n your Blood, and threatened me if I did not go back what he would do to me. I knew the Captain, and went to him, and he sent him to the Black-Hold. Then he said, a Custom-House-Officer had taken the Goods from him by St Giles's Pound, and when he found the Commitment was made for him to go to New-Prison, he owned where the Tea was; that there was nine Pound at Mr Lovelace's, ten Pound in another Place, three Pound at another, and two Pound his Wife had.
Prisoner. Ask him whether I took the Pound of Tea away from him before I came to Mrs Sutton's, or whether I did not say, Let me have the Pound, of Tea which is in your Pocket, for this is the House I was coming to, I will send the Tea away here?
Poule. You did not say any such Thing; you cursed and swore at me, and said you would have it, and cut my Pocket to get it out.
James Lovelace . I keep a Publick-House; one Tuesday, Tanner brought a Basket to my House, and desired it might be put by safe for him, and I said to my Wife, Dame, Mr Tanner desires this to be put by for him. I did not know what it was, but when it came to be enquired for, I found it to be Tea; it was put into a brown Paper Bag, and my Wife's Sister carried it to Justice De Veil.
Mary Sutton . Charles Tanner came to my House one Tuesday Night, between Nine and Ten; this Boy was with him with a Link and a Bundles, says he, Who have you at Home? Says I, there's Thomas; he went up Stairs, and said, Hollo, Thomas, Thomas; Thomas answered him, and he went up to Thomas's Room. The Boy had something that looked like a square Bundle tied up in a Handkerchief. I saw him take it from the Boy, and the
Poule. There was four Pound of Tea in that Handkerchief in a Bandbox, which he took from me at Mrs Sutton's.
- Stafford. I live in Oxford Road, the Prisoner, one Thursday, left a Basket, and something tied in a Handkerchief like a Wig-box, and desired I would let those Things stand there till he came off Guard. I never knew the Man before; he sent for them away, but I was not at Home then.
Ann Sadler . I was at the White-hart in Gravel-Lane, on the other Side of the Water, and heard Tanner agree with Prior for twenty-four Pound of Tea, and he was to pay him for it when he had sold it; and he said he was very welcome to the Tea, if he was an honest Man, and would pay him for it. - I did not hear him say who the Tea was for. - I do not know whether he deals in Tea. - I do not know what he was to pay him for it. - He said it was for a Customer, that he could help him to the selling of it. - I happened to go to the White-hart for a Pint of Beer, and heard this. - I live in Smithfield. - I have an Aunt lives in Little Bandyleg Walk. - I call in sometimes for a Pint of Beer there. - I do not know which Side of the Way the White-hart is on.
Thomas Sagewell deposed, that Tanner called him down Stairs at Mrs Sutton's, delivered him the Goods at the Door, and ordered him to carry them to the Two-Brewers, and promised to follow him directly; that he carried them to the Two-Brewers, but Tanner not coming to him, he brought the Things back, and took them into his own Room, and that Tanner came for them the Thursday Night following. Tanner lodged three Weeks or a Month in Mrs Sutton's House. I did not know him before that.
Margaret Heatley . I heard this old Woman (Mrs Sutton) say, that the Prisoner owed her four Shillings for Lodging, and deserved to be hanged, because he would not pay her; and I heard the Boy say he was robbed at Tyburn.
Prisoner. Prior had me confined, and kept me four Days upon Bread and Water, in Order to make this Affair up. Prior is a Prisoner in the King's Bench, and therefore cannot be brought here.
Poule. My Master had paid me eight Pound some Time before for Wages. I was going out Apprentice to a Shipwright at Woolwich, and this Money was to buy me Cloaths. - I am almost sixteen Years of Age. - My Master belonged to the Guards, and Tanner came on the other Side of the Water, to see some Men that belonged to the Troop, and came for some Tea, and my Master not having the Tea, he gave me the Privilege of buying it. Guilty of the Felony.
William Brown . On the 16th of February, I dined at Mrs Paterson's in Church Court, with one Brown, who came in the Ship with me from Portsmouth, and this Woman; I belong to a Man of War: This Brown, and another Person, wanted me to go to Lancaster's, it was about Eight o'Clock at Night; Mr Johnson, and I went there, and the Prisoner got a Bottle of Rum and Brandy, and made a Bowl of Punch, and after the Bowl was drank out, I said I must go, and threw down half a Crown for it; but she would not let us go, I told her the Punch was very strong, and that if she made it so strong, she must drink it herself; she made another Bowl, I told my Friend, I had got a Charge of Money about me, that I must not be too free in drinking: I pulled out my Money, which was Nineteen Guineas, and counted it upon the Table; she desired to count it, and did count it, and said, Here is Nineteen Guineas sort enough : She took the Money up, and went from the Table with it in her Hand; I asked her for my Money, she said I need not be afraid of my Money, for she would not take it away, if there was a Thousand Pound, or something like it: I asked here where she was going, she said, to make a little Maid's Water, and I heard something make a rattling like Water, when that was done, I gave her a little Time; then I looked for her, and she was gone; said I, She has flung us; there was a little Girl about Eight or Nine Years old, that belonged to her, said she was gone to buy a Fowl and Bacon. I went to one Mr Kirkpatrick's, and informed him of what had happened, and he went along with me; she came back in
Prisoner. Did not you lend me the Money upon my Powers, till such Time I could receive my Money; for I had 200 l. to receive?
William Brown . No: I did not, she took it from me. - I do not know that she went to buy any Bacon, or a Fowl: - There was no talk of lending a Farthing, for I never saw her before in my Life: - I never saw a Paper of her's.
Prisoner. Upon his lending me the Money I went out for a Fowl.
Francis Johnson . I was with the Prosecutor at Lancaster's and had a Bowl of Punch; after that was out we had another; Brown pulled his Money out and counted it, and she counted it, and took it off the Table; says he, What have you to do with my Money? says she, Sir, you need not be afraid of your Money, if it was ten thousand Pounds: She said, she wanted to make Water; he gave her Liberty to go, and it was not 2 Minutes before she made off: She was taken up, and I saw the Money taken from her, there were 18 Guineas, it was concealed somewhere about her Breast. She told the Justice if he would take his Money again and make it up, she would give him a Note for what she had made away with; and sometimes she said, he lent it her. - He was not disguised with Liquor. I was pretty sober; there was not above a Quarter of the second Bowl drank when this happened.
Prisoner. Did not I go out to buy a Fowl, Bacon, and Greens ?
Johnson. She made a Proposition of a Supper, but we refused it.
Q. Did you persist in the Refusal all the while?
Johnson. She brought out a Bit of cold Pork, and said, we should eat that if we would eat nothing else. - She did not bring any Fowl home.
Prisoner. I left it at the Tavern to be dressed.
Q. Did she pull any Navy-Bills, or Powers, out of her Pocket?
Johnson. She pulled a Book out of her Pocket to show us, that she was to re ceive 100 l. in a Day. or 2 Day's Time. - There was no Talk of lending any Money upon these Secureties - there was no body present but the Prisoner, Mr Brown, and I. - Mr Brown would not see any of the Papers.
Alexander Kirkpatrick . On the 16th of February, about nine o'Clock, Mr Brown came to my House, and said, he was robbed; I went along with him, and entreated the Prisoner to give up the Money. I offered her one Guinea, and at last I came up to two, rather than have any farther Trouble; she said she had borrowed it for two Days, and she would give it him again when she was able and willing. She said she did not mind a Warrant; we took her to the Watch-house, and kept her till the Beadle came, and then she was searched, and eighteen Guineas were found about her Breast. When she came before the Justice, she was in a Swoon; and she fell down upon her Knees, and said she would give Bond for any Thing he would, to make Satisfaction.
Prisoner. Do you know any Thing of me?
Kirkpatrick. No, I never heard any Harm of you till now. - I never spoke to her in my Life before; I have heard some People give her an indifferent Character.
Prisoner. Mr Kirkpatrick, when you used to come to my House with a Girl, you did not use to give me such a Character.
William Houghton . I was Constable of the Night, the Prisoner was brought to St Martin's Round-House, and was very abusive; I desired her to go up to be searched, but she would not; the Beadle said if she would not go up, she must go down, so he went down Stairs with her; she desired to go to the Vault first; I had not Presence of Mind just then, but I presently recollected myself; Thinks I, she has certainly got this Money, and wants to convey it away. She said she had something to do that was not proper to be done before Men. I told her I would not suffer her to do it till she was searched. She was very unwilling to have her Gown pulled off. I found she was guilty by her Looks. The Beadle untied two of her Petticoats, and I told her I would search her to her Smock, if she would not confess; she seemed to pull something out of her Pocket, and went to conceal it, as
Prisoner. I said, What Business have you with my Money? And I said I would pay him very honourably when I received my Money in Broad Street.
Houghton. She did not say any Thing of paying any Money in my Hearing; she said she had a Bill to receive of the Duke of Newcastle; (the eighteen Guineas were produced by the Constable) that Purse and Money I took from her; I offered her the Purse and she would not take it.
Prisoner. That is my Purse, and my Money which he lent me.
Robert Bushel (the Beadle) confirmed the other Evidence, and said, that he observed she was going to put something into her Bosom, that he put his Hand in after her, and took the Money in her Hand, and delivered it to the Constable.
Prisoner. I told them I would make them pay dear for robbing me, and beating me, and thumping me.
Bushel. I used her as tenderly as if she was a Child.
Prisoner. I have served the Earl of Pembroke, the Duke of Portland, and others of the Nobility, and have lived in Credit and Reputation; there is not a Woman in the Parish of St James's has a better Character I have served the Duke of Marlborough seven Years; I have served Madam Valmont, and a great many noble Persons.
- Evans. I never heard any Thing of this Kind of her, or that she bore an ill Character. I have sold her a great deal of Fruit. - She sold it at Coffee-Houses, and Gentlemens Houses. - I never heard she sold any at the Play-House.
Thomas Welling . I heard the Prosecutor say, he had lost his Money, and he charged the Prisoner with taking it; I think it was eighteen Guineas; she made a Laugh at it; there were 2 Gentlemen there who desired him to get a Warrant; I was the Person that went for the Warrant; I thought it very hard that a Woman of the Town should pick a Man's Pocket of so much Money. Said I, Did you know the Woman before ? Yes, said he, I know her very well at Portsmouth, she used to come on board the Ship with Goods. Said I, How came she to get your Money? said he, I left it with her because I thought to be out all Night upon the Rake; says he, I knew my Money was very safe, because I knew she was to receive some Money in a little Time, and that she could not run away. He told me, that a Friend or two of his and her's came to Town to be Goods, and that their Acquaintance had laid out 40 or 50 Pounds at Pawnbrokers Shops, and other Places that the Prisoner had taken them to.
The Prosecutor was called again and asked, whether this was true he said, He never saw Woman before that Day, and did not know any Money being laid out at any Pawnbroker and said, the Witness Welling, was very serviceable to him that Night, and very ready to help him in getting a Warrant, and securing the Prisoner.
Elizabeth Carlow . I have known her ever since she was seven Years of Age; she always bore Character of a very honest Woman. Her Husband is on board one of his Majesty's Ships. Guilty Death .The Jury recommended her to his Majesty's Mercy .
William Conyers . As I was going up Russel Street last Tuesday Night, I felt a Hand in my Pocket, and saw the Prisoner cross the Way, I stopped him, and demanded my Handkerchief; he said, if I would go back he would give me my Handkerchief again, but I did not think it advisable to do it, so I carried him before a Justice.
- As I was going along I was alarmed with the Cry of Stop Thief; I saw the Prisoner running along; I took hold of him by the Collar, and this Gentleman came up and demanded Handkerchief, and the Prisoner told him he had not : It was not found upon him. Acquitted .
John Waite , late of London , Gentleman , was indicted, for that he, on the 10th Day of May, in the 14th Year of his Majesty's Reign , with Force and Arms, at London, that is to say, in the Parish of St Christopher's, in the Ward of Broad street , in a certain Dwelling-House there situate; wherein Zerubbabel Crouch, and divers other Persons, to the Jurors unknown, did then and there dwell and inhabit, did feloniously steal, take and carry away, one Bond, commonly called an East-India-Bond, No. A. 2336, sealed with the common Seal of the United Company of Merchants of England, trading to the East-Indies, thereunto affixed, bearing Date the 27th Day of June, 1737, in and by which said Bond, the said United Company of Merchants of England, trading to the East-Indies, did acknowledge to have received of William Webb , 100 l. which the said Company promised to repay to the said William Webb , his Executors, Administrators, or Assigns, (by Indorsement thereon) for the true Payment whereof, the said Company did find themselves and their Successors in the penal Sum of 200l. One other Bond. No. A. 2337, in the like Sum, sealed, &c. as before. One other Bond, No. A. 2740, in the like Sum, sealed, &c. One other Bond, No. 9671, sealed, &c. One other Bond, No. 20311, sealed, &c. in and by which said last mentioned Bond, the said United Company of Merchants of England, trading to the East-Indies, did acknowledge to have received of William Webb the Sum of 100l. which the said Company promised to repay to the said William Webb , his Executors, Administrators, or Assigns, (by Indorsement thereon) with Interest for the same, from the 31st Day of March, then next ensuing, after the Rate of three Pounds for 100l. for a Year, at the East-India-House, in Leadenhall street, London, on six Months Notice to be given by the Company in the London-Gazette, or on six Months Notice to be given by the said William Webb , his Executors, Administrators, or Assigns to the Company's Accomptant, in Writing, at the East-India-House aforesaid. One other Bond, No. 23335, sealed, &c.That each of the aforesaid Bonds, at the Time of the committing the Felony, was of the Value of 100l. and are laid to be the Property of the Governor and Company of the Bank of England ; against the Form of the Statute .
2. He was likewise charged in the same Indictment in the same Manner as before, but with this Distinction only, the Bonds are laid to be the Property of a Person unknown; and the Sum of 100 l upon each of the six said last mentioned Bonds was then due and unsatisfied to the said Person, to the Jurors unknown, against the Form of the Statute.
3. He was further charged, for that he, on the 10th Day of May, in the 14th Year of his Majesty's Reign, in the Parish of St Christopher's, in the Ward of Broad-street, in a certain Dwelling House therein situate, wherein Zerubbabel Crouch, and divers other Persons did then and there inhabit, did feloniously take and carry away, one Bond, No. A. 2336, sealed, &c. which said Bond, at the Time of committing the Felony, was of the Value of 100 l. and the Property of the Governor and Company of the Bank of England, and that the Sum of 100l. was due and unsatisfied to the Proprietors thereof; against the Form of the Statutes, &c.
4. He was also charged in the same Indictment, in the same Manner as in the last Count, for stealing the said Bond, No. 2336, but with this Distinction only, that Bond is laid to be the Property of a Person unknown, against the Form of the Statutes, &c.
To this Indictment the Prisoner having pleaded, Not Guilty, he then said, My Lord, I am brought here on a Trial for my Life; I am now in Iron; I hope, as I am an Englishman, I have a Right to the Privilege which the Law allows, and hope your Lordship will order my Irons to be taken off.
Court. When you come upon your Trial we will take Notice of it, but we have nothing to do with it till then.
When the Trial came on his Irons were ordered to be taken off.
Before the Jury were sworn it was asked, on the Part of the Prisoner, whether any of them were Proprietors of the Bank, or Indorsers of Bank Bills of Exchange, because if they were they could not, by Reason of their Interest, be upon the Jury, but none of 'em being so, they were accordingly sworn.
Waite. My Lord, I beg there may be a profound Silence, for I have caught Cold since I have been in Prison, and cannot hear well at this Distance.
The Council for the King * opened the Indictment, by acquainting the Court and the Jury, that the Prosecutors, who are the Governor and Company of the Bank of England, had brought before them the Prisoner at the Bar, to take his Trial for stealing aGeorge I. Cap . xxxii. it is directed, That all these Securities should be sent to the Bank of England, and that they, on giving Receipts for them, make themselves answerable for them, whatever becomes of them afterwards: When they are in their Possession, it is at the Peril of the Bank of England if they are lost, and therefore they are laid to be the Property of the Governor and Company of the Bank of England; and as these Bonds were lost, they had been forced to buy others, and replace them; and that therefore there could be no Doubt; but that these Bonds were the Property of the Bank of England; but that if there should be any Difficulty arise upon that, in Point of Law, they are likewise laid to be the Property of Persons unknown. That when any Bonds are brought in, the Person who receives them, gives an Account to the Directors in waiting, and they are deposited in a Chest, in the Committee-Room, and afterwards put into the Valut, in the securest Manner that can be; and it is uncertain to whom these belong, till the Matter depending between the Litigants in the Court of Chancery is determined; and these Securities are never taken out but for the Purpose of receiving the Interest, or delivering them back by Order of the Court of Chancery.
They then stated the Circumstances relating to these six Bonds with which the Prisoner was charged, and to which only their Evidence would be consined : That in 1736, there being then a great Number of East-India Bonds in the Custody of the Bank; and the East-India Company resolving to reduce the Interest, that made it necessary to apply to the Court of Chancery, to have the taken out and exchanged for the Company's new Bonds; and that some of these Bonds would appear to be some of those Bonds which were thus brought to the Bank upon such Exchange; that as soon as they were brought there, they were carried to the Account of the particular Persons to whom they belonged, and the Prisoner himself gave Receipts for them, which should be produced: That on the 21st of April, the Court of Chancery, in the Cause of Broome and Broome, (that Cause being then at an End) ordered seventeen Bonds which were in the Bank to be delivered out; they went to the Bank to receive these Bonds, and seventeen Bonds were delivered them, by the Prisoner at the Bar; but those not being the same identical Bonds which were described in the Cause, but of different Numbers, upon this there was an Application made to the Bank, to get the right Bonds; and the Directors desired Mr Waite to look them out accordingly. Nobody thought there was any Thing unfair in it, but that he had taken the seventeen uppermost Bonds without any particular Reason; this occasioned an Enquiry, and the Prisoner said he would look into it, and set it right; but no Body suspecting him, he took an Opportunity of getting away; and though there were frequent Advertisements, with great Rewards for the apprehending him, there was nothing heard of him till he was taken in Ireland, about two or three Months ago. That Mr Waite going away in this Manner, occasioned a farther Enquiry: He had a little Desk at the Bank, wherein they imagined there might be some Bonds; this Desk was ordered to be broke open, and there were two Bonds in it, which were a little before brought in by Order of the Court of Chancery.
That as these Bonds were taken away, the Bank had endeavoured to trace them, in order to know how they had been disposed of, and by whom; and were able to prove that the Prisoner at the Bar carried six of them to a Broker, said they were his own; that the Broker sold them for him, and that the Money was paid into his own Hands; and from thence they hoped it would appear, that the Bonds were stolen by him, and that he applied the Money to his own Use; that there would be a little Difference as to the Evidence, with Respect to some of the Bonds: These Six, being all the Bonds they could trace, it would be proper to state upon what Account they were brought into the Bank. As to No. A 2336, and No. A. 2337, these were brought in, in the Cause of Draper and Pit, before the Time, that the Occasion of exchanging with the East-India Company arose, and were Part of those new Bonds which were to be replaced in that Cause. ThereA. 2306, to No. A. 2341, both inclusive, and the Prisoner gave a Receipt for these Bonds, dated July 23, 1737; which says, they are received for the Governor and Company of the Bank of England.
Then there is No. 2740, brought in, in the Cause of Boswell and Smiter; this Bond was delivered into the Hands of the Prisoner at the Bar, and he gave the like sort of a Receipt for this, as he did for the other two: Then these three No. 9671, 20311, 23335, were brought in by Order of the Court of Chancery, in the Cause of Wheeler and Harvey, (there were twenty in all) these were brought to the Bank, when the Prisoner happened not to be there, and were delivered to another Cashier, but upon the Prisoner's Return, as he was the Person that principally managed this A ffair, they were delivered to him; and these are three of those Bonds which they should prove were sold by the Order, and on the Account of the Prisoner at the Bar, and if so, there would remain no Doubt at all, that the Charge was brought home to the Prisoner.
That considering the Nature of the Case as it stands together, his disposing of these Bonds clandestinely, without any Sort of Authority, without communicating it to any Person belonging to the Bank, or concerned for the Bank; clandestinely conveying away these Bonds, delivering them into Mr Willoughby's Hand, as his own, directing him to sell and dispose of them, receiving the Money for them, and converting it to his own Use; these Bonds being taken out of a great Number which were under his Care; his not carrying away the whole Number, but separating of them, and converting them into Money for his own Use, in Fraud of the Bank, in Fraud of the Suitors, (if they had not Reparation made them by the Bank) and in Fraud to all Mankind; putting the Money into his Pocket and running away with it: If considering it in this Light, and under these Circumstances, this should not be allowed to be a felonious taking, what upon Earth could be said to be a felonious taking: What is the Difference between this and going to the Coffers of the Bank and taking out so much Money? the Bank are equal Sufferers, for they are to make this good: If he had got by this iniquitous Way 5000 l. it is the same as if he had gone to their Coffers and taken 500 l. out of them: That always, in these Cases, of great Weight; that the Jury are to enquire whether the Prisoner sled for it or no; the Law had a good Intention in that, for flying is an Institution of Guilt. That the Indictment is laid for stealing these Bonds out of a Dwelling-House, which takes from the Prisoner the Benefit of the Clergy; and the Bank is the Dwelling-House, where the Accomptant-General used to live with his Family, and if any Doubt were made of that they were prepared to make it appear in Point of Law, to be a Dwelling-House; and it is not laid, in the Indictment, to be the Dwelling-House of any particular Person, but properly and cautiously laid to be a Dwelling-House, wherein Zerubbabel Crouch, and divers other Persons to the Jurors unknown, did then and there inhabit; and this was done to prevent any Inconvenience that might arise from laying it as the Dwelling-House of a Body corporate. In like Manner, as in the Case of Bambridge, Warden of the Fleet, that Prison was laid to be a Dwelling-House, wherein A. B. and divers other Persons, to the Jurors unknown, did inhabit.
Counc. Look out Draper against Pit, the 15th of July, 1730.
Martin. I examined this at the Register-Office, it is a true Copy, At the Rolls the 15th Day of July, 1730, &c. [This was an Order of the Court, for the positing in the Bank two East-India Bonds in this Cause.
Mr Martin then produced the Order for taking out the old East-India Bonds, and exchanging them for new ones, dated the 10th of July, 1741.
Mr Pyle. I belong to the Report-Office, in the Court of Chancery, these are what were filed there, the 23d of July, 1737, that is the Original filed in the Office.
Mr Waite's Receipt produced.
Mr Race. I do believe, the Name of John Waite , to be the Prisoner's Hand-Writing. - The Receipt was read. - Signed John Waite , London, July 23d. 1737. Received of the East-India Company, Thirty six new East-India Bonds, No. and Dates following, for l. 3600, No. A. 2306, to 2341. both inclusive, dated the 27th of June, 1737. Interest due from the 31st of March last, exchanged for Bonds of the like Value, which Bonds are placed to the Account of Mark Thurston , Esquire, Accomptant-General of the Court of Chancery, in the Cause of Draper against Pit, for the Governor and Company of the Bank of England.
Counc. This proves No. 2336, and 2337.
Another Exhibit the 9th of December, 1740, Boswell and Smiter.
Mr Martin. This is a true Copy.
Mr Race. The Name John Waite , I believe, to be Mr Waite's Hand-Writing. - The Receipt road. - Signed John Waite , London, December 22, 1740. Received of John Bosanquet , and Henry Gambier , pursuant to an Order of the 9th of December, the three following Bonds; No. 2738, No. 2739, No. 2740. dated the 1st of July, 1737, for 100l. each, on which Bonds the Interest is due from the 31st of March, 1738, and which Bonds are placed to the Account of Mark Thurston , Esquire, Accomptant General, to the Court of Chancery, in the Cause of Boswell against Smiter, for the Governor and Company of the Bank of England.
Pris Counc. to Mr Gambier. Are you a Proprietor of Bank-Stock?
King's Counc. If he was, that is no Objection: Here is a Receipt of Mr Waite's read for 3 Bonds, delivered into the Bank, the 22d of December, 1740. Do you know any Thing of placing these Bonds there?
Gambier. I was not at the Bank, Mr Bosanquet went himself; I was a Trustee - My Name was made Use of, but Mr Bosanquet did transact it. - These 3 Bonds, No. 2738, 2739, and 2740, were placed in the Bank.
Pris. Counc. The Gentlemen of the other Side have mentioned 3 Bonds to you, whose Property were they?
Gambier. They were in Dispute between Mrs Guiguer, Smiter, and Boswell; they were deposited in the Bank by Order of Doctors-Commons, where a Will was contested. - They never were in my Possession. - It was the Will of Mrs Eunice Gilbert that was contested: This will was never proved; I believe the Matter was made up.
King's Counc. 'Tis a special Property; a Carrier has a special Property and may bring an Action of Trover.
Court. They do not open it, that the Bank of England have an absolute Property in these Bonds, but they have a special Property as they are answerable for them; and they are answerable to those who are the absolute Proprietors of them, who are the Suitors in the Court of Chancery.
King's Counc. In the Cause of Wheeler and Harvey, Mr Martin proved an Order, dated March 18 1740, to deposit in the Bank 20 East-India Bonds, for 100l. each, to be placed to the Credit of this Cause (among which, were the Numbers 9671, 20311, and 23335) ordering, that the Interest be paid to the Plantiff, Charles Wheeler .
As to these 3 Bonds we have not the same Receipt for them as we have for the others; for Mr Waite was not there when they were brought, but they came into his Hands immediately.
( Mr Collyer sworn.)
Q. What Office were you in, in the Bank, in April 1741?
Mr Collyer. I was then one of the Cashiers.
Q. Do you remember any Thing of any Bond being brought into the Bank when Mr Waite was not in the Office ?
Collyer. I cannot say that I do. (The Receipt was shewn to him ) I own this to be my Hand writing, it was brought to me by Mr Standish, who was an entering Clerk.
Mr Standish. I received these Bonds in Mr Waite's Absence and entered them, Mr Collyer sign'd the Receipt, [The Act of Parliament directs the Receipt should be signed by a Cashier] and when Mr Waite came back I delivered them into his Hands - It might be 2 or 3 Hours after I received them - I gave them to Mr Waite and he locked them up in his Desk - it was his own Desk; we have each of us a Desk to lock up every Thing we have in Trust - No Body had the Key of that Desk but himself. - These Bonds should regularly have been carried down into a Vault. The Directors have the Keys of the Vault; Mr Waite had only the Keys of a particular Chest. - I never went down with the Directors, and do not know whether one, two, or three go down.
Mr Collyer's Receipt read, signed James Collyer , dated April 7, 1741, wherein he acknowledged to have received of the Defendant, Jacob Harvey , by an Order of the 18th of March last, 20 East-India Bonds, in the Cause of Wheeler and Harvey. Among which, were No. 9671, No. 2311, and No. 33335.
Standish. I saw you put them in, and the Key turn; I think that is locking them up.
Waite You might see me put them in, and not see me lock them up.
King's Counc. Having proved the Bonds to come into his Care, we shall now proceed to prove his Disposal of them.
King's Counc. Mr Willoughby, do you know the Prisoner?
Counc. What were you to do with them?
Richard Willoughby . I was to sell them - for himself - and I did dispose of them accordingly - they carried a Premium of 4 l. 11 s. - 628 l. 12 s. and 7 d. was the neat Produce of them. - I delivered the Money to Mr Waite the same Day.
Coun. Whose Bonds did you understand them to be?
Counc. What Name were they made out in?
William Webb . I am an Officer of the East-India Company. - I am the Person in whose Name the Bonds are made out, and do indorse them - These are India Bonds - this is my Endorsement - they have all my Name on the Back - there are no other Bonds of the same Numbers and Dates.
Counc. At the Time of making out these Bonds, were they all made payable to you?
Webb. Yes, they were all made out in my Name, and I endorsed them.
Counc. They are, by Act of Parliament, transferable by Endorsement.
The Bonds were produced and read, viz.
No. 9671. - Dated October 25, 1736.
No. 20311. - Dated February 18, 1736.
No. 23335. - Dated March 17, 1736. with the Seal off.
Q. How came that Bond to be cancelled?
(Mr Standish called again.)
Counc. Did any Body live in the Bank at the Time Mr. Waite went away?
Standish. Yes; Zerubbabel Crouch, the Accomptant General of the Bank, lived there - he lay there himself, and his Wife and Maid-Servant. - Mr. Robert Sayer , a Clerk in the Bank, lived there at the same Time. - The Porter and his Wife have an Apartment there. - I am positive Mr. Crouch was alive when Mr Waite went away.
King's Counc. There is another Thing we are ready to prove, that as the Bank is obliged to make good these Bonds, that they have bought others and replaced them.
The Order of the Court of Chancery of the 10th of July 1741, was read; whereby the Bonds deficient in the Cause of Draper against Pit, Boswell against Smiter, &c. to the Amount of 133 were ordered to be replaced by the Bank.
Mr. Pyle, an Officer of the Report-Office, produced the Certificates, whereby it appeared that the Bank had replaced them.
Council for the Prisoner. My Lord, as to Matters of Fact, I am under very great Restrictions, and that is the Misfortune of the Prisoner. He is only assisted, if Matter of Law arise in this Case, and then we are only at Liberty to speak for him, as to that. I submit it upon the Prosecutors own Evidence, whether upon the Circumstances they have proved, he is guilty of the Crime laid to his Charge. I shall not endeavour to state any Thing contrary to the Facts; and considering the Evidence in the strongest Sense, the single Question is, whether this Taking of his does amount to a felonious Taking or not. I will not dispute that the Bank has a special Property, and may bring an Action of Trover, and lay an Indictment for it: And I would not have this forgot, and I believe the Witnesses will not deny it, that as the Prisoner is a Proprietor in the Bank, he may have a special Interest in this Corporation; these Bonds may be the Property of the Bank, but the Question is, whether he, as a Proprietor of Bank-Stock, has not a Right with the rest of the Company; and whether a Man, even in that Respect, can be indicted for stealing Goods in which he has a Property; that will be one Thing to be considered in this Man's Defence, and I could even submit it upon the Circumstances of that single Point, whether this does amount to a felonious Taking.
I will not state the whole Facts, because I know I am not allowed to do it, and therefore I will state it upon their own Evidence; and I beg leave to say, that the Prisoner has been entrusted with these Bonds, that he has had these
Court. We shall leave that to the Jury, whether it was with a felonious Intent that he took them away.
2d Counc. I submit it to your Lordship, whether they have gone far enough in a Case of this Nature. They have laid the Bonds as the Property of the Governor and Company of the Bank of England, and have described the Money to be due to the Governor and Company of the Bank of England, and unsatisfied to them; and as to the second Count, they say, if we have not been right in laying them to be the Property of the Governor and Company of the Bank of England, we have laid them to be the Property of a Person unknown; and not any one of the Witnesses they have produced has shown, that the Governor or Company of the Bank of England, have any Right to this Money at all; and according to the laying of this Count in the Indictment, they should have shewn the Money to be due to the Governor and Company of the Bank of England; or according to the second Count, that the Bonds were the Property of a Person unknown. I must submit it to your Lordship, that they have failed in proving either Count, so as to affect the Prisoner; for if, as they have proved the Governor and Company of the Bank had a Property, then these Bonds were not the Property of Persons unknown; and if the Governor and Company of the Bank could not receive the Money for them (being a Deposit only) then the Money cannot be due to them, as is set out in the Indictment.
King's Counc. You mistake it, in the third Count it is, was due and unsatisfied to the several Proprietors thereof; in the fourth Count it is laid to be the Property of a Person unknown, and remains due and unsatisfied to the said Person unknown. Mr Serjeant Wynne says right, that it will maintain an Action of Trover, or support an Indictment; the Bank were answerable, and we have proved they were answerable.
2d King's Counc. Take this one Way or the other, it incontestably hits him: First, they are laid to be the Property of the Bank of England; secondly, the Property of a Person unknown. Now take it upon the first, it cannot be disputed but that the Bank has a special Property: In the Case of a Bailment of Goods and Pledges, the special Property is in the Bail, in whom the Property is placed. Wilbraham and Snow, 2 Saunders 47. A Carrier can bring an Action. They must either be the Property of those who were originally entitled to them, or the Property of other Persons: One of the Witnesses says, there was a Dispute between the Parties who had the Property in the Bonds, and this shows them plainly to be the Property of Persons unknown.
(Part of the Indictment read)
'' Was the Property of the Governor and Company '' of the Bank of England, and was then due '' and unsatisfied to the Proprietors thereof.''
Pris. Counc. Mr Bootle says, if they do not belong to the one they do to the other, that is very true; but they have fixed the Property in the Bank of England, and therefore their being the Property of a Person unknown, is quite out of the Case; therefore they must make it out that the Governor and Company of the Bank of England may receive the Money: It will be admitted that they had a special Property, so far as to have the Custody of the Bonds, but not such a Property as to receive the Money, or that the Money was due and owing to them. They have laid this Money to be the Money of the Governor and Company of the Bank of England; they might safely have said the Money was unsatisfied, but it was not the Money of the Bank of England. The Gentlemen of the other Side say, that the Bank has made it good; but I apprehend what the Bank has done, was upon a Time subsequent to the Fact, and this should have been at the Time of the taking away, therefore I think this does not support the Indictment. Then, as to the second Count, it says the Property of a Person unknown.
King's Counc. It says each of the Bonds is the Property of a Person unknown.
Court. I think this is the Description of the Bonds; it says the Bonds were the Property of the Bank of England, and that the Bonds were then due and unsatisfied to the Bank, and the Proprietors thereof.
Pris. Coun. It is due and owing to the Proprietors thereof.
Q. Who is entitled to receive the Money due upon these Bonds; may not the Person who has the Custody and Possession of them receive it?
King's Counc. They are endorsed to the Bank.
Court. If you will but look at them, you will see they are endorsed Blank.
Court. I may have the lawful Possession of a Thing, and yet be guilty of Felony.
King's Council (to the Prisoner's Council.) If you will argue the Point of Law, go on, or else examine your Witnesses.
Pris. Couns. We want to examine your's.
Mr. Collyer called.
Pris. Counc. Give an Account to my Lord and the Jury, when these Bonds were delivered to Mr Waite, which were brought to the Bank in his Absence?
Collyer. I can give no Account of it at all, till I turn to the Receipt. I believe they were delivered to him that Day. This is my Hand-writing; the Bonds were delivered to the Prisoner, the 7th of April, 1741. - They were the Bonds in the Cause of Wheeler against Harvey. These are Part of those twenty Bonds.
Pris. Council to Standish. Don't you know that Mr. Waite is a Proprietor of Bank-Stock.
Standish. I believe he has been possessed of Bank-Stock - I cannot swear whether he is now or not. *
* The Prisoner had been possessed of 1000 l. Bank-Stock, which he transferred as Part of his Security; but this did not appear in Evidence.
Pris. Counc. We cannot get at the Bank Books to prove this.
King's Counc . He has no Bank-Stock. The Prisoner's two Receipts are dated, one on the 23d of July, 1737, the other, on the 22d of December, 1740, and the other Bonds, for which Collyer gave a Receipt, came to his Hand the 7th of April 1741, and they were sold the 27th of the same Month by his Order; and therefore I submit it to your Lordship whether this was a felonious taking or not.
Pris. Counc. My Lord, before the Act of Parliament of the second of George II . c. 25, the stealing and carrying away Bonds and other Securities (or Choses in Action, as they were then called) could not be Felony; but by that Act of Parliament it is made Felony. As it is agreed that the making this Felony, is founded on this Act of Parliament, I desire it may be read, and then I will submit it to your Lordship, that this is not a felonious taking, as the Circumstances will be made out.
The Clause read.
'' And be it further enacted, by the Authority aforesaid, That if any Person or Persons, after the said 29th of June, shall steal, or take by Robbery, any Exchequer Orders, &c. East-India-Bonds, &c. being the Property of any other Person or Persons, or of any Corporation, notwithstanding any of the said Particulars are termed, in Law, a Chose in Action, it shall be deemed and construed to be Felony, of the same Nature, and in the same Degree, and with or without the Benefit of Clergy, in the same Manner as it would have been if the Offender had stolen, or taken by Robbery, any other Goods of like Value with the Monies due on such Orders, &c.''
Pris. Counc. My Lord, I shall trouble your Lordship with a Word or two upon this Head; and I believe, upon the Circumstances of the Case, this will not appear to be a felonious taking; the Words have been read to your Lordship, that such Persons who shall steal or take, by Robbery, any Bonds, Orders, &c. shall be guilty of Felony, as if such Offender had stole Money or Goods: It was admitted, on the other Side, that this was not Felony by the Common Law; (the stealing of Bonds, Warrants, &c.) and he was pleased to give a very good Reason for it, that these Securities were not so common, or numerous as they are now; and therefore the Case of Property being very much altered, there was a Necessity of altering the Law, and, I believe, the Act of Parliament takes Notice of it fully: It is not a declaratory Act of Parliament, but introductive of a new Law, and the Question is, whether they have offered your Lordship any Evidence to bring this Case within the present Act of Parliament: By this Act of Parliament, it must be an actual stealing or taking by Robbery: What Evidence has been offered to your Lordship, to shew that there has been any stealing, or taking by Robbery? they are Terms extremely well understood in Point of Law; if they are taken by the Person who has the Possession, (that is a right Possession) if it is by the Privity or Consent of the Owner, or by an actual Delivery to the Person, by him or his Order, that cannot make it to be a felonious taking; the Intention of the Statute is only to make Choses in Action, and which are Part of a Man's Property secure; that seems to be the Intention of the last Act of Parliament, that the taking of these should be punished in the same Degree and Manner, as if a Person had taken Goods or Money to the same Value. But the Law makes no Difference in these, it intends no Alteration at all, either in the Nature of the Crime, or the Consequences of it. My Lord, I take the Thing to be pretty clear, that where a Thing is delivered to a Person;
If a Man has Possession of any Goods, by Delivery, he cannot commit a Felony; as with Respect to the Case of a Carrier that goes away with Goods which were put into his Hands to deliver to another. Hale's Abrigdment 61. Hist. Pleas of the Crown, 506. Hawkins 89.
If the Carrier goes away with these Goods, carries them to a wrong Place, by which they are lost, or sells them, it has been determined over and over again, that this is not Felony. One of the Gentlemen made use of an Expression, that the Prisoner separated the Bonds, that he had Possession of them, and took them out of a greater Number; that he embezzled them and applied them to his own Use. I do allow there is a Distinction in this, for if a Carrier breaks open a Pack, or a Chest, or a Trunk, and sells Part of the Goods, the Carrier then may be said to be guilty of Felony. If a Man delivers or lends an Horse to another, and he rides away with it, this Person is not guilty of Felony: This is a common Case in all the Books, and I rely strongly upon it. I have known the Case tried here. Suppose a Man comes to an Inn-keeper under Pretence of chaffering for a Horse, and when he has got upon his Back, rides away with it; this is not Felony. 1 Hale 504. But there is a Distinction in the Statute, where a Servant takes a Horse, without the Leave of his Master, and rides away with it, that is Felony by the Statute of Henry VIII .
I might trouble your Lordship with a great many more Cases, but I will leave it upon this; here are a great many Bonds delivered to and entrusted with an Officer of the Bank, and he sells them, &c. I submit it to your Lordship, that from the Authority of the Officer, it is not a felonious taking. I am not contending that a Man is not answerable another Way; but the Question is, whether the Law will support a Prosecution for a Felony. As to Mr Waite's being guilty of a Misapplication of the Money, to be sure he is, but that such Misapplication does not amount to a Felony; I am confirmed in it, by an Act of Parliament made very lately, to prevent Accidents of this Kind for the future; and I believe, the Gentlemen will find no Retrospection in the Act; it is the Act of the 15th Year of his present Majesty c. 15, p. 538. This Act of Parliament says, '' If any Officer, or Servant of the said Company, (meaning the Bank of England) being intrusted with any Note, Bill, Dividend - Warrant, Bond, Deed, or any Security, &c. Money, or other Effects, belonging to the said Company, or having any Bill, Dividend-Warrant, Bond, Deed, or any Security, or Effects of any other Person or Persons, lodged or deposited with the said Company, or with him, as an Officer or Servant of the said Company, shall secrete, embezzle, or run away with any such Note, Bill, Dividend Warrant, Bond, Deed, Security, Money, or Effects, or any Part of them, every Officer or Servant so offending, and being thereof convicted in due Form of Law, shall be deemed guilty of Felony, and shall suffer Death as a Felon, without Benefit of Clergy.'' I apprehend this Clause shews the Sense of this Body, the Sense of the honourable Persons who advised them in this Case, and the Sense of the Legislature, that this was not Felony before; for they will find that this is not a declaratory Act, (there being no declaratory Words,) but is plainly introductive of a new Law. I am far from thinking that such a wise Body, as the Legislature is, would make a vain, or a needless Act; for if this was Felony before, what Occasion was there to make it Felony? I hope this Act of Parliament, which is a publick one, will not be looked upon as a nugatory Act, but have its full Weight in Favour of the Prisoner, and that a Jury of Englishmen will regard it as such.
3d Council observed, among other Things, that if the Prisoner had been intrusted with these Securities, without giving any Receipt for them, there might have been a Difference in the Case; but here Mr. Waite had 'em by a Sort of a Contract, for she gave a Receipt for them, which proves he came not by them tortiously, or that he robbed the Bank of them; for having them thus in his Custody, he made himself a Trustee to the Company, and was answerable for the Value of them; and the Bank is not destitute of a Remedy in this Case, inasmuch as they take Security of their Officers, and I submit it to the Court, that the Act of Parliament of the 15th of George II . was not a declaratory Act, or explanatory of any other Act of Parliament, but a new Law, and that the Offence charged upon the Prisoner was not Felony by any former Law.
4th Counc. My Lord, I will leave the Facts as they now stand, and not trouble the Court with any thing in Relation to the Nature of the Evidence, but consine myself merely to Matters of Law, and make a Parallel between this and other adjudged Cases, from Time to Time, and show that there's no Reason to distinguish this from any of those Cases. Before the Statute-Law, stealing a meer Chose in Active, could not be Felony; therefore it was thought necessary to make the Breach of that great Trust, which is reposed in the People of the Bank, Felony, because if they thought themselves at Liberty to play Tricks of this Kind, and not be punished for them, it would be of the last Consequence to the Publick. The Words of that Act of Parliament are plain enough to me to show that this Offence is not in any former Act: For the Act says, '' If any Person shall steal or take by Robbery;'' stealing is a transferring the Possession, and that privately from a Person; taking by Robbery, implies a Force, for there cannot be a Robbery without an actual Force; there cannot be a Robbery in this Case, if it is any Thing it must be a stealing. Could he take these Things without the Consent of the Persons who put them into his Hand? Has not he a Property? Had the Governor and Company embezzled these Things, Could they be guilty of Felony? No, they could not, but they are liable to make Satisfaction to the Suitors in Chancery: What Right is there to distinguish Persons? They have entrusted him as their Servant; he is as much entrusted by them, as the Court of Chancery entrusted the Bank; and he, by his Receipt, is liable and answerable. Put the case, that the Bank had a Mind to make a little Use of a Parcel of inconsiderable Papers for a little Time, though I do not suppose they would. What would have been the Consequence, it would not be Felony?
4th Counc. I know a Body-Corporate cannot commit a Felony, but each of them separately may be guilty of Felony. Now I beg leave to consider how it may be distinguished in Point of Law, for Waite had a special Property in these Bonds. If I lend my Watch, or my Horse to a Person, and he goes to Market and sells them, this is not Felony, this supposes a Contract, and gives the Party a Remedy at common Law; besides they have Security for his good Behaviour; all the Officers of the Bank gave Security, and as to the Property there should be a Distinction made in this Respect, for there may be a Property for a particular Purpose; and when a Person has Possession of a Thing lawfully, there an Action of Trover only lies against the Person. If a Carrier is robbed, he may maintain a Prosecution, because he has a special Property for a particular Purpose. A Man that comes legally by a Thing, cannot rob himself; for if he had a Right to the Possession, he must have stole them from himself, he could not have stole them from any Body else. Then as to the late Act of Parliament, my Lord, for what End and Purpose could this Act of Parliament be made, if it was not the Sense of the Legislature, that the stealing of these Securities was not Felony before; but the Reason, as I apprehend, was, and in Point of Law, must be taken to be so, that the stealing of Choses in Action, was not Felony before. Suppose he forgot or mislaid a Bond, and could not find it, must he be indicted for a Felony. I very well remember a remarkable Case *, (that went out of this Court upon a special Verdict, whether the stealing of Chancery-Records, taking them out of the Office, and taking the Stamps off, and selling them, was Felony; but the Court of King's Bench gave their Opinion upon it, that it was not Felony, and the Party was acquitted, and it was the Voice of the whole Court, that it was not Felony. But this new Act being made, plainly shows that Mr Waite is not guilty of Felony, as it was not Felony before this Act. But should we be so unfortunate as not to satisfy the Court and the Jury, that this is not Felony, then I should be glad if the Court would be pleased to indulge us in such a Manner, that the Facts may be stated, in order that the several Points may be more fully argued; and that we may have Time to lay Reasons before the Judges, which, in this material Case, ought to be very maturely considered, and that it may not be left to a Jury, to determine Quo animo he took them.
* In the Mayoralty of Mr Alderman Perry. See the Trial, January Sessions, No. 124.
Serj. Agar. It is, my Lord, admitted by us all, that the Bank had so far a special Property in the Bonds, as to receive the Interest, but not otherwise.
King's Council. My Lord, I beg a few Words by Way of Reply, in Behalf of the Prosecution; but before I argue the Points of Law, it will be proper to see upon what Ground we stand, in Point of Evidence. By the Act of Parliament, these Bonds are to be carried to the Bank, to be received by the Governor and Company of the Bank of England, and Receipts are to be given for them; and the Act of Parliament makes the Bank of England expressly liable for the same. According to the Evidence, these Bonds were carried from the Court of Chancery to the Bank, and as the Bank have proper Servants for every Branch of their Business, the Prisoner at the Bar was the proper Person to receive these Bonds from the Accomptant-General of the Court of Chancery; and I do lay this as a Foundation, that as soon as they are delivered into the Bank of England, they are that Minute in the Possession of the Bank; let them remove that Corner-Stone if they can, they are in the Possession of them, whether they are under their own Lock and Key, or the Lock and Key of their Servant, for it is their Possession in Point of Law: The Gentlemen would insinuate, that these Bonds are not to be considered as delivered into the Possession of the Bank, but into the Possession of Mr Waite, for Mr Waite has given Receipts for them, and made himself answerable for them; but they have omitted the most material Part, that he receives them for, and subscribes the Receipt for the Governor and Company of the Bank of England; his Receipt is not such a Receipt as will entitle the Suitors to call upon him for the Money, not such a Receipt as will entitle him to it; for though this Man's Name is to the Receipt, it is in Point of Law the Receipt of the Governor and Company of the Bank of England. If a Servant gives a Receipt, and says, for my Master such an one, Is not this, in Point of Law, the Receipt of the Master? Because this Money is received by the Servant, is it not the Receipt of the Master? It is as much mine as it I had signed it. They would turn us round, and tell us we are to bring an Action, and make this a Breach of Trust:
The next Case they mention, is that of lending a Horse; that if a Man lends a Horse to another, and he rides away with it, it is not Felony. And they have put a Case which they cannot make out, that if a Man goes to an Inn to hire a Horse, and gets upon his Back and rides away with it, that is not Felony; but I believe they cannot make a Book-Case of it; that it is not Felony, for in that Case the Horse is not lent to him, and therefore it must be a Felony. I would not have them run away with this as a Point, but I hope there are no Horse-stealers here, for this is too dangerous a Doctrine to be delivered in this Place. - But the Gentlemen, they say, as to what has been done by Mr Waite, that is not such a Stealing, as comes within the Meaning of the Law; but as I have proved that those Bonds are in the Possession of the Bank of England, as soon as they are delivered to him, those Persons who make away with them are liable to be punished for a Felony. There is a Difference between having the Care of Goods, and the legal Possession of them; for when a Man has no more than the Care of Goods, the Possession is all the while, in the Judgment of the Law, in the Master. I will venture to lay it down as a Rule, that that Sort of a Servant may be guilty of Felony in taking those Goods to his own Use. Serjeant Hawkins, in his Pleas of the Crown, p. 90. says it has been received as Law, that those who have the bare Charge of Goods may be guilty of Felony; that is, when they are entrusted with a Parcel of Goods, the taking out part of them is Felony; and one who has the bare Charge of Goods, or the special Use of Goods, and not the Possession, that is a legal Possession, he may be guilty of Felony. The first Case he puts, is the Case of a Gentleman's Butler; every Gentleman, I believe, does not lock up his own Plate, or keep it in his own Custody, and when a Butler is hired, there is nothing more known, than that an Account of the Plate is taken in Writing and delivered to the Butler, and the Plate is delivered into his Care, he has the cleaning of it, and is the proper Person to take Care of it; and he has it by that Delivery, if I may so say, intrusted into his Hand; it is a determined Point, that by being in my House (in Point of Law) it is in my Possession, and if my Butler will take a Piece of my Plate and sell it and put the Money into his Pocket, he is Guilty of Felony. 1 Hale, 506.
Dyer, fol. 5. It is determined there, that if a Butler disposes of a Piece of my Plate, he is Guilty of Felony, and must suffer Death, if it is to the Value of 40 s. - Now as to this Sort of Bonds, I find they remain in the Custody of the Person who has the Care of them, till the Directors go down to put them into the Vault, and then he that had the Care of them, goes down to the proper Place to lock them up, in the Sight of the Directors: This is not like a Case where Goods are delivered to a Man to keep in his Custody, I take the Case of the Butler to be stronger than the present Case, for there he has the Plate by the express Act of the Master delivered to him; and when he goes away, the Plate is counted over and delivered back.
The next Case is that of a Shepherd, who is employed by a Farmer to take Care of his Sheep. There was a Notion that the Shepherd was so entrusted with the Sheep, that if he run away with them, he could not be prosecuted for a Felony. See Hawkins, and Hale's Pleas of the Crown, 506. A Shepherd, by disposing of one Sheep is guilty of Felony; for he has only the Care of them; he is not generally entrusted with them, the Law distinguishes
There is another Case put of a Servant who has the Key of an Appartment delivered to him, that he may be Guilty of Felony, if he takes any Thing out of it; for tho' he has the Key of the Chamber, the Goods are still in the Possession of the true Owner.
Then there is another Case put; if a Man goes into a Tavern as a Guest, and has a Piece of Plate set before him, not with standing he has Possession of this by my Delivery; if he walks off with it, he must walk to Tyburn, or else be carried thither; for it is only delivered to him to use, it is not a Delivery of Possession.
There is another Case put by my Lord Hale, fol. 506, if an Apprentice embezzles his Master's Goods or Money, out of his Shop, it is there determined to be Felony; if I go abroad, and leave my Shop of Goods in the actual Possession of my Servant or Journeyman, to dispose of while I am gone, and he makes away with any Part of it, it is Felony; for not with standing his Possession, the legal Possession is in me; and there is a Rule in Law, which I will put the Gentlemen in Mind of, that tho' there may be a Sort of a mixed Possession, the Law always supposes the true Possession to be in him who is the Master, and he is judged to be really in Possession. And since they are praying Aid of this Act of Parliament which makes this Felony, which was not Felony before, and that as the Act does not make Use of any declaratory Words; they conclude, that Persons who committed such Facts before, were not Guilty of Felony - I do agree, that there are no Recitals of other Acts, and no retrospect Words, and therefore they conclude, this Act must only be designed as a Punishment for Facts committed, subsequent to the making of this Act; and the Gentlemen would insinuate, that this Man was in the entire Possession of these Bonds, and that by disposing of these Bonds he has made a Breach of that Trust which they had reposed in him: If, I say to a Person, Sir, take Care of these Bonds for me, till I come to Town, and he misapplies these Bonds, that is a Breach of Trust. Now the Act says, any Officer being entrusted, &c. But this Man had not that Sort of Trust, and the Act would have been very improperly made, to have had declaratory Words in that Instance. It is very well known, we have a Number of Statutes, which are made to put an End to Differences which were quite unnecessary: And, I will put the Gentlemen in Mind of a Statute, which they hear of almost every Session at the Old Bailey, that is, the Statute of Stabbing; does any Body consider that as a New Law? And, I will submit it to your Lordship, whether there is any Doubt, but that that Act runs as this does. (Be it enacted.) There was one Thing more said, by the Gentlemen of the other Side, if this is a doubtful Case, if there are any Difficulties in Point of Law in relation to it, in Favour of Life, say the Gentlemen, we hope the Court will not hastily determine a Point of this Consequence.
My Lord, I am very ready, where the Court has any reasonable Doubt, to refer any thing of this Nature; but I cannot see, how they can make a Special Verdict of it, for there must be Facts found by the Jury; and if the Jury say, he did take them with a felonious Intent, there cannot be a Special Verdict, if they say he did not take them with a felonious Intent, there is an End of the Case; I cannot see how it can be any otherwise, than by the Direction of the Court to the Jury. I am sure, in the Case of a Man's Life, I would not strain any Point of Law, and, I am sure, my Clients would not desire it; but when you come to consider the Case of the Butler as having the Plate, and the Case of the Shepherd as having the Sheep in their Custody only for Care: These Cases seem to be such Authorities, that we have Reason to expect, your Lordship's Direction to the Jury after summing up of the Evidence, that this is Felony in Point of Law.
2d King's Counc. My Lord, I hope to be admitted to speak a few Words on the same Side; and as those four Gentlemen have so elaborately handled this Point, I would willingly make some Observations upon the Case; and I think, according to the Argument of those Gentlemen, the whole Question amounts to this, Whether as Mr Waite had those Bonds delivered to him, by the Court of Chancery, and did not come by them by any fraudulent Means, this can be any more than a Breach of Trust, and that to make this Felony will be going beyond what bath ever been known to be adjudged Felony, and they have stated several Cases to shew that this cannot be Felony; and now, my Lord, to turn to that which I think has been inconteleably proved, I submit it to your Lordship, Whether upon the whole Scope of the Evidence, the Case does not appear to be this and no otherwise, that these Bonds were legally, properly, and in Point of Fact in the Possession of the Bank, and that Mr Waite, though he was the Hand that received them. though he was the Hand that went to receive the Interest upon them, was still acting only under that Possession, in like Manner as every Person, who has the Care of Things, which are in the Possession ofJohn Strange , the Case of the Butler, which is Law; my Lord Hale, in his Pleas of the Crown, treats on this Question; I would not misrepresent the Words, I think they are these, '' He that hath the Care of another's Goods hath not the Possession of them, and therefore may, by his felonious embezzling of them be guilty of Felony; as the Buttler, that hath Charge of the Master's Plate; the Shepherd, that hath Charge of the Master's Sheep. 3 Hen. 7. 126. 21 H 7. 15. a. Co. Pl. C. p. 108.
And my Lord Hale, so great a Man, lays it down positively as referring to these Authorities: I would consider how this Case stands before your Lordship, with Respect to the Prisoner: If a Butler, by embezzling his Master's Plate, be guilty of Felony, (the Plate that he has the Charge of) how does Mr Waite stand? Had he any more than the Charge of these Bonds? If any one of the Bonds reach him, it is the same Thing as if the whole Number were proved upon him: Consider what his Possession was; it was only their being in his Hand to convey them to the proper Repository, and when they had Occasion to receive the Interest, or the like, he is the Hand to whom these are committed to do this, or that Act relating to them, and I do not apprehend that they are any otherwise under his Care than only for this particular Purpose. A Shepherd cannot be said to have the Superintendency of the Flock, but he has a Sort of a Care of it, and if he runs away with any Part of it he will be guilty of Felony. Where does this differ from the present Case, either in one Thing or the other? Dalton c. 155. It is likewise taken Notice of by my Lord Hale, with respect to an Apprentice, that if he embezzle his Master's Goods out of his Shop it is Felony: Why may it not be as well said, that an Apprentice, by having the Key of the Door belonging to the Shop, has Possession of the Goods to dispose of them as he shall think fit ? This is only a Trust reported in him for the Profit of his Master; Where is the Difference between this Case and the Case of Mr Waite ? My Lord, I beg Leave to mention another Case in my Lord Dyer, Fol. 5. That if a Master delivers to a Servant 20 s. in Silver to change into Gold; or Leather to make Shoes, and he runs away with the Gold or the Shoes, it is Felony. I will take this for Argument Sake, that Mr Waite had Possession by the Delivery; I do not take it as a Fact but only argumentatively; Suppose these Bonds were incontestably delivered to Mr Waite, and in the Possession of him, and he sells these Bonds and runs away with the Money, where is the Difference between this Case and the Case my Lord Dyer makes use of: Suppose a Servant has 20 s. in Silver deliver'd him, by the Hand of the Master for a particular Purpose, (so were these Bonds delivered to Mr Waite for a particular Purpose, not to sell or dispose of) and the Servant, instead of turning the 20 s. of Silver into Gold, and delivering it back to the Master, he runs away with the Gold; Where is the Difference between this Case and that of Mr Waite? I will take it for Argument-Sake, that he had this Possession for the Bank; but if he sells these, and puts the Money into his Pocket, it is Felony: Where is the Difference between this and the Leather made into Shoes? The Leather was delivered for that very End and no other: But if he runs away with the Shoes, he is guilty of Felony. They have been pleased to say, that it was with the Consent of the Bank that this Man had these Bonds; the Bank consented that he should have the Care and Management of them, to receive the Interest, and exchange them, as there should be Occasion; But was it the Consent of the Bank for him to sell them? For though he had in the first Instance acquired the Possession of them, and had them in his Power; yet if that is consined to a particular End and Purpose, and he goes beyond that, there is no Consent in the Bank for any other Purpose. The Gentlemen tookGeorge II , makes the stealing Bonds, Orders, &c. Felony, whether in a Dwelling-House House or not. It makes Choses in Action stand upon the same Footing as Money or Goods did by other Acts; and though there was a Provision made against this before, yet it was such a Provision, that if any Person of the Bank stole any Bonds, &c. and it was not in a Dwelling-House, he and the Benefit of the Clergy. However if this can be put in such a Manner as to be serviceable to the Prisoner, God forbid I should be against it. It has sometimes happened, that upon an insufficient Finding, the Prisoner has got off Scot-free, because the Court could give no Judgment upon it. My Lord, all that is to go before the Jury is Quo animo, did this Man take these Bonds, whether it was with a felonious Intent, or was it a Breach of Trust. The Law makes this Distinction, whether it was a Breach of Trust, or a felonious Taking. The Court cannot determine this, it is a Fact, and this lies before me Jury. I only mention this that we may not go into any Mistake, so far as that this Man shall not have Justice done him, either to acquit him or to convict him. I am not for having him convicted, if the Law does not convict him; God forbid I should desire this if the Law deems him innocent.
Court. (to Mr Collyer ) Is there Security given to the Bank? Collyer. Yes.
Court. Is it for any accidental Occurence, or Misfortune, that may happen; or is it for Fidelity?
Collyer. It is in general for Fidelity.
Prisoner's Counc. It is a general Security.
The Court was of Opinion, that it was not Felony, before the late Act of Parliament, 15 George II , but offered a Special Verdict, if the King's Council desired it: They expressed themselves satisfied with the Opinion of the Court, whereupon the Jury were directed to find the Prisoner not guilty .
[The Court was moved for leave to charge the Prisoner with a Civil Action, which was granted, and he was accordingly charged, at the Suit of the Bank, with a Debt of 13300 l.]
163. + Stephen Wright , otherwise Brown , of St. Bartholomew behind the Exchange , was indicted for assaulting John Belchier , Surgeon , in his Dwelling-House, putting him in bodily Fear, and Danger of his Life, and taking from him a Gold Watch, val. 8 l. and six Guineas in Money, the Goods, Chattels, and Money, of the said John Belchier , from the Person, and against the Will of the said John Belchier . Jan. 21 .
Wright. My Lord, I think it unnecessary in a Case of the Nature of my Crime, to give the Court any Trouble; and therefore I plead guilty, and I hope I shall be recommended to his Majesty's Mercy by the Court and the Jury.
[To which he was answered by the Court, that he had already pleaded, not guilty, but he might withdraw that Plea, and plead guilty; but informed him, if t here were any favourable Circumstances in his Case, if he pleaded guilty, the Court could not take any Notice of them; and that the Jury cannot report any favourable Circumstances, because the Circumstances do not appear to them: Upon which he agreed to take his Trial.]
Mr. Belchier. On Friday the 21st of January, the Prisoner, who calls himself Stephen Wright, came to my House about seven o'Clock in the Evening, under Pretence of having some Complaint that required my Assistance; and in a very short Time he told me, that his Business with me was to have my Money; he held a Pistol to my Breast, and demanded my Money; I was surprized at that, and told him as he had the Appearance of a Gentleman
Q. This was not the first Time he was with you, tell the Story.
Mr Belchier. He was at my House on the Monday, and enquired for me. I was not at Home; he left Word with my Servant, that he would call the next Evening. Tuesday the 18th, was the first Time I saw him at my House; he staid then about a Quarter of an Hour, and talked to me about some imaginary Complaints. On Friday the 21st, about two o'Clock, I received a Letter, Stephen Wright, wrote for me that Morning; wherein he says, he had discovered some other Complaint; that if I thought proper, I might order him something for it; that he would come that Evening to my House, and bring five Guineas, which he hoped would satisfy me: When he came, I told him, though he was a Stranger, with Respect to the five Guineas, as he appeared so much like a Gentleman, I did not think he had any Design to impose upon me; and I told him that his Complaint was only imaginary; and then he told me that he had no Complaint, but his Business with me was in the Manner as I have related it to your Lordship.
Prisoner. Ask Mr. Belchier, whether I held the Pistol to his Breast?
Mr. Belchier. When he pulled the Pistol out of his Pocket, he held it to my Breast, and said, Sir, your Money: I said, Take the Pistol away and you shall have my Money.
Robert Corderoy . I heard a Noise in the Parlour, and went in and saw the Prisoner at the Bar down on the Floor, upon his Back, and my Master upon him; says my Master, He has robb'd me: I saw my Master's Watch in his Left-hand, and he dropped the Watch upon the Floor; I took it off the Ground and laid it upon the Chair, and then I laid hold of the Prisoner and secured him.
Prisoner. I think he says, I was down on my Back, and Mr. Belchier on me; I desire to know how he could see the Watch in my Hand when Mr. Belchier was on me?
Corderoy. Your Hands were spread out.
Mr. Belchier. In the Struggle he dropped the Money and the Watch; it might drop out of his Hand: I picked the six Guineas off the Floor.
John Hill. On the 21st of January the Prisoner came to my Master; I heard a great Noise of smashing of Glasses; I went into the Parlour to see what was the Matter; I took hold of the Prisoner's Right Arm and held him while my Master took the Pistol out of his Pocket; the other Pistol was taken from him before; I saw the Watch lying in the Chair when I came into the Room.
Prisoner. I have no Friends to call to my Character, but I believe Mr. Belchier may have heard * my Character from some Persons in Town: My Misfortunes were such that I did not care to inform my Friends. Guilty , Death .
* Mr. Belchier would have given the Court an Account of what he had heard, in relation to the Prisoner, but was told it could not be admitted as Evidence.
164. + Samuel Wilson , Gent . was indicted for assaulting James Skerret , Gent . with a certain Sword, of the Value of 2 s. giving him one Mortal Wound upon the Breast Bone, of the Breadth of three Quarters of an Inch, and the Depth of four Inches, of which Wound he instantly died , the 20th of January last.
He was a second Time indicted on the Coroner's Inquest, for Manslaughter.
Henry Gadsdon . I am Servant at the Tilt-Yard Coffee-House , on the 20th of January in the Morning between Twelve and One, I was almost asleep, but heard the Deceased, Mr. Wilson, and Capt. Mr. Caugh, come in and go into the little Room, I hearing them make a Lumber (a Noise) in the Room, I got up, and went in, and saw Capt. Wilson take hold of Capt. Skerret by the Collar of the Coat and throw him down upon the Floor, he got up again, and Mr. Richardson laid hold of the Deceased, and bid him be quite, otherwise he must be obliged to call the Guard, and put them both under Arrest, said Capt. Mr. Caugh, Skerret, If you have a MindWilson Occasion , by something that he said, to come to him again; but all on a sudden Capt. Wilson came with his Sword drawn again, and they fell upon one another, and in a Minute's Time (the least that could be imagined) I heard the Deceased say, I have Night. I heard something said of Tomorrow, but I cannot tell what. - I believe the Wound was given in the Coffee-House, for he dropped immediately: Capt. Mr. Caugh had his Sword drawn, and, I suppose, endeavoured to part them: - He died at our House. - The first Sword I saw drawn in the House, was Capt. Mr. Caugh's, it was at the Time that he said, If you have a Mind for a little Diversion, I am your Man?
Capt. Mr. Caugh. I came into the Tilt-Yard Coffee-House, about Four o'Clock in the Afternoon the 10th, Carr, and Innys, &c. were there, and desired I would come up Stairs, which I did; some time afterwards, came in Mr. Wilson, who heard I was there, and sent up Word, if his Company would be acceptable, he would come up; I sent Word down, I should be glad of it; he came in, and Carr went away: We continued there from that Time, till about Ten o'Clock, the Deceased then insisted upon drinking some more, Wilson insisted that we should drink no more; but would go to the Play. We took Coach, and went, and when we came there the Play was over; we returned back again, to the Tilt-Yard Coffee-House, went into a small Room, within the Coffee-Room, and called for some Punch; we were told that Mr. Richardson was there, and enquired for Capt. Wilson, the Prisoner desired leave to introduce him; then Capt. Skerret, said, d - n him he is a Scrub; or Words to that Effect; He shall not come into my Company: Capt. Wilson said, he believed he mistook his Character, upon which they had some peevish Words. Wilson went out, and Skerret told me, I was as had as him (meaning Richardson) upon which, I told him, he seemed vastly quarrel some the whole Night, and No-body had given him any Reason; and that it was a Matter of Indifference to me, whether he came in or not, as I had never seen the Gentleman before; Skerret's Answer to me was, d - n your Blood, your are a Rascal; upon which, I laid my Hand to my Sword, and said, my Station in the Army, would not suffer me to bear such Language. - I cannot tell, whether I drew my Sword or no; and I believe, I said, if Mr. Skerret has a Mind to quarrel with any Body, I am his Man, for he has grossly affronted me: Upon which, the Woman of the House, and one Mr Walker, who was in the Coffee-Room, laid hold of me; I told them, they might let me go, for I promised them upon my Word and Honour, I would have no Words with Skerret that Night, we went into the Room again, shook Hands, and were Friends. - This Quarrel, which was the Occasion of his Death, was immediately afterwards; (he was going to quarrel with me again, but I would not) the Deceased turned about to Wilson, what he said to him, I cannot tell; I saw them both bounce up all on a sudden, and go into the Coffee-Room, who went out first, I cannot tell; Mr. Walker and I continued sitting by the Fire: I saw Mr. Richardson follow them, heard him call the Guard, I told Mr. Walker, should not follow them, for fear I should fall into the Quarrel myself. - I did not see what happened in the Street; when they returned, I saw Wilson glance by the Door of the little Room which I was in, and saw some Blood upon his Shirt, I started up, and went to the Door of the Room, and immediately saw Skerret break loose from two Soldiers of the Guard, who had hold of him in the Coffee Room; after Skerret had broke loose from the Soldiers, Wilson met him half Way, in the Centre of the Coffee-Room, and they began to attack one another afresh, and fell to pushing; I drew my Sword, and beat down their Passes, and told them, they were both under Arrest. - There were a good many Passes; I beat them down as fast as I could. - The Deceased had a Wound in his Breast, pointing a little towards the Right-Side; he said, he had got enough for this Night, dropped down, and died on the Spot. - From the first to the last of this Quarrel, it was not above a Quarter of an Hour.
Gadsdon. They were all in Liquor.
Gadsdon. He was very much in Liquor, but not so much in Liquor, but that he was able to stand. - I took him to be the worst in the Company.
Q. Do you know this Sword?
Gadsdon. I think Capt. Mr. Caugh gave me this Sword, and bid me take care of it. - This is the Deceased's Sword; it lay naked in the Room, after the Deceased was dead; it was bent at the Point. [The Sword was bent about six or seven Inches towards the Point.]
Capt. Mr. Caugh. I am not certain who drew first.
Q. Could the Wound the Deceased received in his Breast be given, if he had been in a Posture of Defence?
Capt. Mr. Caugh. I do not know, - the Wound might be received when he was off his Guard.
Prisoner to Gadsdon. Did not you see the Deceased seize upon me first?
Gadsdon. Really I cannot say whether he did or not. - Skerret's Sword was draw g before Wilson's.
Q. Was Skerret's Sword drawn at the Time that Richardson laid hold of Skerret the bid him be quiet?
Gadsdon. The Sword was first drawn by Skerret, at the Time Capt. Mr. Caugh said, If you have a Mind for a little Diversion, I am your Man; that was at the Time Richardson had hold of him, as near as I can guess.
Capt. Richardson (confirmed the other Evidence, with Respect to the reconciling the first Difference). As we were sitting together in the little Room, I heard Capt. Skerret make use of the Word dare; and all on a sudden, he and Capt. Wilson jumped off their Seats, and rushed out of the little Room into the Coffee-Room. I went out after them, and saw Skerret in a rising Posture. I took hold of his Sword which was drawn in his Hand, and in endeavouring to get it from him, I run the Point into the Calf of my Leg, and desired the Servants to call the Guard. Skerret got from me, and rushed towards the Street-Door; Wilson was then at the Door, and said, stay, or helt. till I have drawn my Sword. I went into the Street, saw three Soldiers, and called to them to part them for fear of Murder. - Skerret's Sword was drawn at first, but Wilson's was not. I heard their Swords clash, but the Soldiers parted them. Wilson came in first, then Skerret came in, and the Soldiers had hold of him by the Arm; and the Soldiers struggled to get the Sword from him, but Skerret got from the Soldiers and advanced towards Wilson; Wilson was at the other End of the Coffee-Room with his Sword in his Hand; and then Wilson advanced towards him, and they made several Passes at each other. - I do not know whether the Wound was given in the Street or in the House.
Mr. Mackenzie, Surgeon. I was called about one or two in the Morning, about the 20th of January, and when I came into the Coffee-Room, I saw Mr Skerret lying upon the Floor; he was dead before I I came. I found a Wound in his Breast which was mortal, and was desired by the Coroner the next Day to open the Body; there were four Wounds in the Trunk of the Body; one on the right Side, which penetrated into the right Lobe of the Lungs; there was another on the Breast-Bone, which went through the Sternon; there was another Wound towards the left Groin, but that did not penetrate, - the Wound went aflant.
Mr. Heath, Surgeon. I was sent for to view the Body. I endeavoured to introduce a Probe, which I could not do. I found a Wound upon the Breastbone; there was one passed between the fourth and fifth Rib on the right Side, penetrating into the right Lobe of the Lungs; and another a little obliquely into the Sternon, which I apprehend to be the mortal Wound. - I do apprehend he was in a fighting Posture when he received that Wound; he might receive it when he was recovering from a Lunge; - there are two Wounds which did not penetrate, and one upon the Leg.
Q. How deep was the Wound?
Mr. Heath. It was through the Breast-Bone, a little obliquely into the left Ventricle of the Heart. - He was in a disadvantageous Posture when he received the Wound. - I do not say he was in a Posture of Defence. - The Wound was a little inclining to the Left. - There was a Wound on the left Side of the Navel. - I am not a Judge of Duelling, - but I apprehend that Wound might be received on a Recovery from a Lunge.
John Cluer . I was Centinel upon Duty that Night; West and Wright and I were talking together; I saw Capt. Skerret come out of the Coffee-house with his Sword drawn, and another Gentlemen followed him, and they fell a pushing; said I to Wright, They are doing Murder. I laid hold of Capt. Skerret, and Wright of Capt. Wilson; Wilson went into the Coffee-house, and Skerret swore he would kill me if I did not let him go; Skerret
Q. Did not the Prisoner say, Now Capt. one more Push for your Honour?
Cluer. I did not hear any such Thing.
Richard West confirmed Cluer's Evidence, and said, that Skerret made a Push with his Sword against the Door, which he believes was the Occasion of its being bent; that there were three or four Passes, and the Deceased dropped; that Wilson said, Have you enough? and the Deceased said, I have enough; I will defer it till another Day, or another Time.
Daniel Wright confirmed Part of the foregoing Evidence, and says the Deceased said, when he came into the Coffee-Room the last Time, He would be revenged, or see it out, or something to that Purpose: And being asked, Why he did not prevent this Mischief? said, He swore he would be the Death of him, and thought his Life was as sweet to himself, as the other's to him.
William Strain , produced by the Prosecutor, agreed with the foregoing Evidence, in most of the Circumstances; he says, That when Wilson came into the Coffee-house, after the Rencounter in the Street, his Sword was drawn, and that when the Deceased came in (he cannot tell whether Wilson was in the little Room, or the Coffee-Room) he went up towards the Fire-place; whether his Sword was drawn or not he cannot tell; and that Wilson came round the right Side of the Post and said, Now fight me, or something to that Purpose, and then they fell to fighting; and he heard the Deceased say, he had enough, and dropped against a Table.
Gen. Wentworth. Last September was Twelve-month the Prisoner came to me in the Island of Cuba, upon the Recommendation of a Gentleman, and I appointed him a Lieutenant; he is a Person of a civil peaceable Behaviour.
Gen. Blakeny gave him the same Character.
Col. - I commanded the Regiment in the West-Indies, in which Wilson was a Lieutenant; he is a Person of a general good Behaviour; he is neither addicted to quarreling, or any other Vice whatever.
The Council for the Prisoner asked Gen. Wentworth, Whether the Prisoner would not have been broke by a Court Martial, had he declined fighting the Deceased?
Gen. Wentworth. They pass severe Censures on such Occasions.
Court. That is a strange Question in this Court. Guilty of Manslaughter.
166, 167, Elizabeth Gray and Catherine Denby of St. Andrew, Holbourn , were indicted for stealing a Cambrick Apron, 1 Linnen Apron, a Pair of Stockings and 2 Shirts, the Goods of Thomas Lane and others , Feb. 1 . Guilty .
172. John Bluck of St. James, Westminster , was indicted for stealing, after June 24, 1731, to wit, Feb. 13, 1742 , 25 Yards of Leaden-Pipe, val. 50 s. and 300 Weight of Lead, val. 51 s. the Property of James Mackreth , fixed to his Dwelling-House . Guilty .
John Gooday of St. Brides , was indicted for stealing one Saddle, val. 20 s. the Property of John Holditch , in the Stable of John Whitesides , Feb. 11 . Guilty .
He was also indicted for stealing a Saddle the Property of - Clarke, but was not tried upon that Indictment.
Isabella Eastman. The Prisoner other Woman came into Mr. Green's Shop at Holbourn-Alley , under Pretence of buying something. I saw the Prisoner get off her Seat in order to go away, and then I missed a Cloak; I searched the other, and she impeached the Prisoner, and she was taken in King Street, Westminster, with the Cloak upon her, which she delivered to the Constable.
Several Persons of Credit appeared to her Character, some of whom, had known her 12 or 14 Years; that they had never heard an ill Thing of her before.
The Prosecutor, Mr. Green, said, he had made it is Business to enquire after her Character; that her Mother bore a good Character, and that the young Woman was never guilty of any such Thing before. Guilty, 10 d.
No Prosecutor appeared. Acquitted .
180. John Barret , of St James Westminster , was indicted with Elizabeth his Wife ; and Peter Daley , not yet taken, for stealing one Pair of Silver Shoe-Buckles, val. 10 s. one Pair of Knee Buckles, 4 s. one Stock-Buckle, 2 s. and one Gold Ring with a Crystal-Stone, val. 20 s. the Goods of James Topless , Feb. 13 .
James Topless . The Prisoner lodged in my House, the Box was safe locked when I went out; when I returned, I found it broke open and the Things gone: This is a Piece of the Pick-lock, which I took out of the Lock. Acquitted .
181. John Oakes of Gravesend , in the County of Kent, Esq ; was indicted for wilful and corrupt Perjury . The Council for the Prosecution moves for the putting off the Cause, on Account of a material Witness being absent, but the Court not thinking it reasonable, they were all called, viz. Richard Barnes , Hyde Hatch, Susannah Hallib , Elizabeth Moore , Matthew Peter Sollom , and none appearing he was acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows.
Received Sentence of Death, 5.
Burnt in the Hand, 2.