In the Eleventh Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.
NUMBER V. PART II.
Sold by T. EVANS, No. 54, in PATER-NOSTER ROW.
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
316. (L.) Charles East was indicted ( together with John West , not yet taken) for stealing two stone rings set in gold, value 8 s. one stuff petticoat, value 6 s. one woolen cloth cloak, value 3 s. one woolen cloth coat, value 6 s. one stuff waistcoat, value 6 s. one silk and cotton waistcoat, value 6 s. the property of Thomas Brownsword , April 24 . *
- Fisher. I live at Mr. Brownsword's; who is a silversmith by trade, and keeps a chandler's shop in Long-lane ; on the twenty-fourth of April last, between the hours of nine and ten at night, two women came into the shop for a halfpennyworth of beer; Mrs. Brownsword said, somebody was up stairs, for she heard the floor crack; she went up; three men came down stairs; the prisoner was the last man; I laid hold of him by the collar; we had a scuffle and fell out at the door together; in the struggle I tore off part of the collar of his coat; as I was endeavouring to pull him up the steps of the passage we fell out together into the passage from the stair foot, and part of his coat came off in my hand when he broke from me and his handkerchief; he asked me for his handkerchief, which I gave him again. Mrs.
- Brownsword. I was alarmed by the cracking of the cieling over head, and I thought I heard feet in my room; I had been in the room and double locked the door about an hour before, and had the key in my pocket.
Q. Did the green cloth and those things you found on the floor, lie there when you was in the room before?
Brownsword. No; the green cloth was at the bottom of a drawer in the chest of drawers; when I had got up about three stairs I saw West coming down, he had lodged with me formerly; I asked him how he dare come into my room; he said, Bl - t your eyes, I don't care for your room. I endeavoured to secure him; I scuffled some time with him; he threw me down, and got from me; I turned about and saw the prisoner and Mr. Fisher down; he got up and left the handkerchief in Mr. Fisher's hands; I caught him in my arms; the rings were taken out of a little drawer in a chest of drawers. Fisher was in the passage, and the prisoner out of it. Fisher was drawing him up the step. I held him, and cried out, Murder! Mrs. Lester came down and helped us to secure him; he was never out of my hands; he had one shoe and stocking on; and a piece was tore off his cape; he struck me and beat me down to get away.
Q. Was the lock broke?
Brownsword. No; it was unlocked or picked; we searched him, and found this key, two pieces of wire, and some pieces of candle. ( producing them.)
I am a spatterdash-maker; I make children's pumps ; I had been to Moorfields with some spatterdashers; I met a young man, Jack West , and we went opposite the prosecutor's house to have some purl. West said he lived at the prosecutor's house; a friend with him asked me to sup with him; I went in; West went up stairs and came down again, and asked if I was coming; I went with him; West cried out to the other along with him, and said, You rascal, d - n your eyes, what do you bring this chap with you for? soon after, this woman came up with a candle; I being the last, they stopped me.
Guilty , T .
See him tried No. 260 last Sessions.
317, 318, 319, 320. (M.) William Jackson , John Settle , otherwise Suttle , Charles Callager , otherwise Gallagher , and Charles Garles , were indicted, for that they, on the king's highway, on Samuel Garrat , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one gold ring, with a picture set therein, value 10 s. one silver watch, value 3 l. and 6 l. 6 s. in money, numbered , the property of the said Samuel, April 24 . *
Samuel Garrat . I live in Parliament-Court, Artillery-Lane, Bishopsgate-street; on the twenty-fourth of April, about twelve o'clock in the evening, as I was coming home, between Webb's Square and a bun house, called Union Row House, in Shoreditch, I saw a man and woman standing at the end of Webb Square as I passed by it; I went on a little further; I thought I heard somebody behind me; I turned back and saw five people; I turned my head again, and walked on; a man came up to my right side, and put his other hand over my eyes, he told me if I made a noise he would blow my brains out; he lifted his hand a little off my eyes, and I saw a man at my left side with a pistol, I believe; I felt something under my car which I believed to be a pistol; he then closed his hand fast to my eyes again; so that I could not see; then somebody came behind me and pinioned my arms; and then another came and rifled my pockets.
Q. Did they keep the pistol at your head all the time?
Garrat. I could not tell, as they nded my eyes; they took to the value of six guineas in cash, my watch and ring, and they took my pocket book from me which had in it a note of 5 l. and another of 50 l. I begged for it again; I bade them go under a lamp and they would see there was nothing in it of value; they gave it to me again; one of them came up to me and brought my cane back;
Q. Were they all men you saw behind you, when you turned your head?
Garrat. There was but one tall as I observed then; the person that first came up with the pistol seemed to have dark hair, but his hand was upon my eyes immediately. I I never got any of the things again; the evidence says my things were sold to one Lyons a Jew, who is gone off.
Court. There is no evidence to affect the prisoner but that of the accomplice.
All Acquitted .
321. (M.) Thomas Dasey was indicted for stealing one pair of silver candlesticks, value 15 l. one pair of linen sheets, value 20 s. two linen table cloths value, 10 s. two ells of linen Irish cloth, value 6 s. the property of Robert Bicknell , Esq ; in his dwelling house , April 20 .
Mrs. Sarah Bicknell. I am wife of Robert Bicknell . I live in Chancery-lane ; on the twentieth of April about five o'clock in the afternoon, I missed a pair of candlesticks out of my bed chamber, and all the rest of the things mentioned in the indictment. On the Monday following, I heard' of the linen being offered to pawn at Mr. Berry's in Cursitor-street: none of my family saw him come in or go out. I left the room between eleven and twelve, the things were safe then.
- Mariot. I live with Mr. Berry, a pawn broker; I took in these things. (Mentioning all the linen in the indictment.)
Prosecutrix. I know them all to be mine.
Mariot. A young man, whose name is Rogers, offered to pawn these things to me.
Eleanor Stevens . I sent this by Rogers to pawn. I bought it of Mrs. Bull, a chairwoman the same day I sent it to pawn: her daughter dealt in cloths. She came to me in distress, and desired I would let her have some money upon them. I sent them to pawn; I had some money to make up; I never did such a thing before. I gave thirty-three shillings for them.
Q. One of the table-cloths is large, I believe they must be worth a great deal more?
Stevens The woman was greatly in distress; so I did not look much at them.
Mary Pearce . I am daughter to Mrs. Bull, Elizabeth Brush came up our stairs to my mother; when I came up about eleven o'clock, I found Elizabeth Brush with her; she said she came honestly by it; I did not see the cloth then; it was brought on the Monday.
Pearce. Because they were talking about it.
Q. Had you never seen it before?
Q. You know the prisoner I suppose?
Q. Did not you charge him with being one of the persons that stole this cloth?
Q. You charge him with your own testimony?
Pearce. When I went up before Mr. Girdler, a constable said Masey was taken up.
Court. Don't trifle with me. I ask you what you said.
Q. Consider well what you are about, for I desire to have the truth, and don't be in two stories. It is very well known what you have already said, and don't shuffle. What did you say against him before Justice Girdler?
Q. What passed?
Pearce. She asked me if my mother had the money. She paid two or three and thirty shillings, I cannot say which.
Q. Do you know how much money was given her?
Q. At the ale-house door?
Q. And did not you see what passed?
Pearce. No; I went into the house for a pint of beer.
Q. Did you hear Masey say any thing?
Pearce. No; he only said come along, and said he had to go as far as the Bull and Gate in Holborn, to supper.
Q. Did you say nothing more than this, before the Justice?
Pearce. No; I was committed to Newgate.
Q. Was not you twice before the Justice?
Pearce. Yes; I went up again to have a hearing.
Q. What did you tell him then?
Q. Did you tell the Justice so?
Pearce. He did not ask me.
Q. Did you say nothing more against Masey?
Q. Did he say that?
Q. What did he say they were sold for?
Pearce. He said Lyons was to give seven pounds for them, that was all I heard him say; He said she took them out on Saturday, between eleven and twelve o'clock. I heard her say the dustman was at the door, and she went up.
Pearce. I believe he was there.
Q. Did either of them tell you who else was concerned?
Q. Where was you at this time?
Pearce. At my own room.
Q. Did not you hear any thing about the candlesticks till that night?
Q. I doubt you have not told us all the truth yet?
Pearce. I have told you all that I heard.
Q. I do not desire to entrap you, but tell the whole truth; you have not yet told the same story you told before the Justice?
Pearce. Yes, I have.
Q. Did not you say you watched at one door and they at another, at Mr. Coxe's door?
Q. Did not you tell Mr. Girdler that you watched at the ale-house door?
Q. Did not you see the candlesticks?
Q. Did not you describe them, whether tall or short?
Q. Did not you tell them whether short ones or tall ones?
Q. So then I am to understand now, Mrs. Pearce, that before the Justice you did not own being concerned in the robbery yourself?
Pearce. No; no farther than having the cloth up in my room on Saturday.
Pearce. On Saturday in the court he was coming up to my room to breakfast, he said she was going to Lyons.
Q. How much money had you?
Pearce. Not a farthing.
Q. How much had your mother for selling the linen?
Pearce. I believe nothing.
Q. What had you cut of the candlesticks?
Q. Then I am to understand from you, that you was not in the street upon the watch at the time they went up into this house to take these candlesticks?
Pearce. No; I was not up in the room all day long.
Q. Did you hear Masey say any thing about the linen or candlesticks upon Saturday night?
- Ryder. I took him upon her information, he denied it.
I have people to prove where I was at the time, only I did not know my trial would come on to night, so my friends went away. I am a brass founder .
Sarah, the wife of Samuel Pembridge , was indicted for stealing two sattin cloaks, value 20 s. the property of Solomon Shaw , May 10 . *
Solomon Shaw . I live in Houndsditch . I am a haberdasher and stuff mercer , &c. I went out between twelve and one o'clock. I came home in about an hour. Mr. Shaw the surgeon came to bleed my wife by appointment, seeing him in the shop and the prisoner treating with my wife about some goods, I walked round the compter, and saw about an inch and a half of a cloak hang out of her pocket; Mr. Shaw gave me an item that he saw it, and I looked at the prisoner, and I signified to him that I had seen it too; it appeared under her cloak, on her right side, I suppose in her right pocket: the prisoner had agreed for something and was going away, my wife asked her to leave earnest for it, she put her hand in her pocket and pulled something out; Mr. Shaw went round another compter and pulled out the corner of a cloak, and said, Good woman what is this? she said, A bit of my gown or petticoat, or some such thing; Mr. Shaw repeated the question, and gave it another pull, and out it came; she begged we would excuse her. I said I would commit her to the law, and fetched a constable.
Mr. Joseph Shaw . When I came to Mr. Shaw's I found Mrs. Shaw behind the compter, the prisoner was treating with her about some goods. I am a surgeon, I went to let Mrs. Shaw bleed. I sat down a little while in the parlour, by and by I got up and went into the shop. I found she had not bought any thing, but was be speaking a cloak; in looking by the side of her red cloak, I saw something with lace upon it. Mr. Shaw came in, after speaking to him, he went round the compter to his wife. I gave him a hint of what I saw; he went to his wife again, she was going. I went round another compter, and took hold of it, and said, what is this? She said a rag, or a piece of her gown. I gave it a pull, and it came out. I said, is this a rag; she seemed immediately struck with a conviction of her crime, and then Mr. Shaw went for a constable. Whilst he was gone, Mrs. Shaw was exceedingly faint and hurried, and went into the parlour. The prisoner went into the room to her, and begged her to let her go before her husband came, and offered to go down upon her knees: after that I heard the prisoner say, here was another cloak; (that was after we would not let her go) she produced the other cloak. I was in the shop I did not see it, but I heard her. (The cloak produced.)
Prosecutor. These are all mine; here are tickets upon them with my own writing.
Hannah Shaw . The prisoner said in the parlour, that if I would forgive her, she would give me another cloak of mine; she had in her pocket. I said I could not, I had a husband; then she pulled the cloak out of her pocket.
I was a little confused, and did not know what I said or did. I got a cold when I lay in with my last child; and I do not know sometimes what I say or do.
For the Prisoner.
- Chapman. I have known her two or three years; she does not appear in her senses sometimes.
Q. Have you remembered any instances when she has been out of her mind?
Chapman. Yes; in her discourse sometimes.
Q. What business is her husband?
James. A stone-mason.
Q. Have you observed her to be out of her mind?
James. I have observed her to be rather whimsical.
Willis. She always seemed so to me. I thought her whimsical in her mind.
Q. Did you look upon her to be out of her senses?
Willis. I did.
Guilty , T .
Charles Baldwin , Esq ; May 11 . *
William Howard . I am a pawn-broker and live in Maddox-street, Hanover square. Last Saturday night between ten and eleven, the prisoner offered me two table cloths and a towel, I thought the linen seemed to be too good to be her property. I thought it my duty to stop her and the linen. I have had them in my possession ever since. (Produces them.)
Elizabeth Lawly . I live in Adam's Mewse. I am a washerwoman. I was left in care of Mr. Baldwin's house; we had not missed the linen; but when the things were stopt, I knew them to be Mr. Baldwin's; I have washed them, I believe every time they have been washed; I took the prisoner into the house to assist me; she was there about a fortnight.
Q. You did not deliver the sheet to her?
I must leave it to God Almighty, and the gentlemen.
Guilty , T .
Ann Maria Viator . I lived at Mrs. Ryan's in Castle-street , last Midsummer. I was an apprentice to her. I was to learn tambour-work ; my mistress sent me up on the 19th of Feb. to make the prisoner's bed. He came to live there about three quarters of a year after I came there.
Q. Do you recollect the day of the week.
Viator. Tuesday at five o'clock in the afternoon; he has two rooms, his bed is on the back room, I went into the back room, he locked the door of the fore room and put the key in his pocket; then he came into the back room and threw me by force on the bed, and he lay with me.
Q. What did he say?
Viator. Nothing at all, he put his hand upon my mouth and stopped my crying. I could not speak, he offered me a gown, a silk cloak, and half a guinea.
Viator. As he lay with me.
Q. In what manner did he lay with you?
Viator. He came into my body of a sudden, and hurt me very sadly, and I was wet; he lay with me a quarter of an hour.
Q. Who was at home?
Viator. Nobody, but my mistress and Lucy Jones, and the other apprentice.
Q. Did you tell it to them?
Viator. I told the maid first.
Q. Who told your mistress of it?
Viator. She did first on the same night. My mistress said dont you tell your father, for if you do, he will ruin me and kill you. She repeated it several times.
Q. Have you found yourself disordered?
Viator. Yes; I have the foul disease.
Q. Upon your oath did you ever know a man before?
Viator. No; never.
Q. What reason had you why you did not tell your father before this?
Viator. Because my mistress made me so frightened. I complained to the maid and my mistress the same day.
Q. Did you tell them he had ravished you against your will and consent?
Q. How are you sure it was the 19th of February.
Q. How do you know what day of the month it was she came out of place; have you any particular reason or do you only guess it was the 19th?
Viator. I know it was the 19th.
Q. Had you been up in his room that day before?
Viator. Once, to bring up some coals for him; that was in the forenoon.
Q. Was there not a servant maid in the house to do that business?
Q. Had your mistress any company that evening?
Q. How many people were at home?
Q. Who did you find when you went down stairs?
Viator. They were there.
Viator. It had curtains round it.
Q. Which hand did he put upon your mouth?
Viator. His right hand.
Q. What use did you make of your hands at the time?
Viator. I struck him with one hand, and kicked him with my feet.
Q. What did you do with the other?
Viator. He laid upon it, my hand lay upon my breast and I could not stir it.
Q. You say you was not able to cry out?
Q. Did you make any stamping with your feet?
Viator. Yes; and then I went down softly into the kitchen.
Q. You would have soreamed out if he had not held his hand upon your mouth?
Q. Why did you not scream when he let you go?
Viator. I could hardly walk.
Q. Were was his other hand?
Viator. Under my cloaths.
Q. Were was your other hand?
Viator. They were both before me on my stomach, and he lay upon them.
Q. Who did you first tell it too?
Q. Were your stays or petticoats off?
Q. Upon your oath did you never tell any body they were?
Q. Did you carry up his dinner that day?
Q. Who was the next person you told it to?
Q. Did you mention it to Miss. Enon?
Q. Did you go home with Miss Enon one night?
Viator. Yes; about a week before.
Council for the Crown. In consequence of this complaint, did not your mistress turn the prisoner out of the house?
Viator. Yes; Three or four days afterwards.
Q. Did not you use to make this man's be any day before this?
Q. Who desired you to carry up the coals?
Viator. Mrs. Ryan.
Q. From prisoner's Council. You say this happened upon Tuesday, three or four days after, before he was turned out of the house?
Court. How long after the usuage you had from this man, was it before the foul disease appeared upon you?
Viator. The next day.
Q. What time did this young woman mention to you her having received any injury from the prisoner?
Lovlet. About a fortnight after, she told me her mistress sent her up to make his bed, that he stopt her mouth and lay with her against her will. I told my mother, and she took me away immediately. I heard Mrs. Ryan say, she turned him away on that account. I was not there then.
Lovlet. Two or three days after me.
Q. Did she make any other complaint to you at that time besides that he had lain with her against her will?
Q. She did not say she had the foul disease?
Lovlet. Not then; she told me about a week or a fortnight ago.
Q. Did you never see any wickedness or lewdness in her?
Q. You slept with her?
Q. You lay at home?
Q. She lay at her mistresses?
Lovlet. Yes; but she had laid sometime with me.
Herman Viator . I put my daughter apprentice to Mrs. Ryan, in Great Castle street, Oxford Market; she was to exempt her from all house work. I gave her five pound; my daughter came home often, and said she did but very little of that work, but her mistress sent her on errands, &c. I told her mistress not to go on so. She complained about lying in the rooms, without locks to the door, when they had so many men in the house; as sometimes they had five or six. My wife sent always to fetch her home; she lay there ten weeks at the beginning; she always laid at my house afterwards. On Good Friday Miss Lucy Lovlet came and told us my daughter had been ill treated by one William Phillips ; I had heard it a fortnight before from my wife. I went to Mrs. Ryan's; her apprentice denied she was at home, though she was. I desired she would call upon me next morning, which she did. Next morning, Saturday, she came with another man that lodged in her house. I told her of what I had heard, of her ill treating of my daughter. I said she had disposed of my daughter to Phillips, and if she would not give me an account where he lived, I would prosecute her; she said she would know where he lodged. I went to several places, and could not find him. Last Saturday se'nnight was the first time Nancy Freeman was at my house, and told my daughter that he lived in Duke street, Oxford Road; we found him there.
Margaret Monro . I went on Tuesday to fetch the prosecutrix home from Mrs. Ryan's; she came up and cried, her mistress said she had cried enough all the time, and bid her wipe her eyes, She said, if Anna Maria told her mother and father she would be killed, and she would be ruined; she cried all along the street as she went home; she would not tell me what it was for at first, but afterwards, in Dean-street, she said that a man that had lain with her lodged up two pair of stairs; her mistress bid her go up stairs to him, that he locked the door, and put the key in his pocket, that he forced her upon the bed and kept his hand upon her mouth, and forced her against her will; and after he had done his wicked design, he promised her a silk gown, silk cardinal, and half a guinea; that she said she would not take it. I asked her if she had told any body besides me, she said, Yes, the servant of the house.
Q. When did you get this story so perfect?
Monro. She told me that night.
Q. Have you never practised it since, and told it very often?
Monro. I told the gentlewoman that lodged in the house, and nobody else.
Q. When did she tell you this?
Monro. The Tuesday night.
Q. When did she say it happened to her?
Monro. That same day.
Court. Gentlemen of the Jury, If you have any doubt about this matter I will call upon him for witnesses to his character. It is certain there is inconsistency in the story. She said she did not mention it to any body but Hannah Freeman and Mrs. Darling, now this witness swears she mentioned it to her the same night.
Jury. My Lord, we are satisfied.
325, 326. (M.) George Aldey and William Aldey were indicted, the first for stealing a she ass, value 10 s. the property of William Aldey , and the other for receiving the said ass, well knowing it to have been stolen , October 31 . *
Both Acquitted .
327. (L.) Robert Cleghorn and Richard Aldrich were indicted for breaking and entering the dwelling house of Luke Currie on the 22nd of April about the hour of three in the n ight, and stealing a silver tankard, value 2 l. two silver waiters, value 9 l. a silver skewer, value 20 s. nine silver table spoons, value 3 l. ten silver tea spoons, value 10 s. one silver butter boat, value 5 s. a French plate candlestick, value 1 s. a pewter candlestick, value 4 s. three linen table cloths, value 8 s. two linen napkins, value 2 s. thirteen linen towels, value 8 s. seventeen pair of leather shoes, value 37 s. two linen handkerchiefs, value 2 s. a copper tea kettle, value 1 s. and six iron keys, value 6 d. the property of the said Luke Currie ; and four linen shirts, value 1 l. three linen neckcloths, value 6 s. one linen stock, value 1 s. four linen handkerchiefs, value 10 s. two pair of silk stockings, value 10 s. one pair of gauze stockings, value 1 s. and a woolen cloth coat, value 5 s. the property of John Davys ; two linen shirts, value 10 s. two linen stocks. value 2 s. two linen handkerchiefs, value 2 s. one pair of silk stockings, value 4 s. two mens hats, value 15 s. a pair of leather shoes, value 5 s.Ferdinando Davys ; 1 linen aprons, value 9 s. four silk handkerchiefs, value 8 s. three sattin cloaks, value 30 s. a mahogany tea chest and three tin cannisters, value 2 s. one linen shirt, value 2 s. one pair of worsted stockings, value 3 s. and one silk cloak, value 4 s. the property of Sarah Barber ; and one cotton gown, value 10 s. the property of Mary London ; and one linen shirt, value 2 s. one linen neckcloth, value 6 d. and one woolen cloth coat, value 4 s. the property of Samuel Gun , in the dwelling house of the said Luke Currie . ++
Luke Currie . I live in Queen street, Cheapside . I went out of town on the 22nd of April; when I came to town about eleven o'clock next morning, I was told my house was broke open; Cleghorn was in custody. There were two silver tankards, three silver spoons, a silver skewer, a silver tankard, two silver waiters, and fifteen pair of shoes were produced before the alderman, which were my property. Aldrich was taken on the 27th of April. Mr. Phillips brought a silver tea spoon, two keys, and a key of a black case, which were my property.
Q. Was it day light then?
Wright. It was not broad day, it was light. I met two, Cleghorn and another, between the Fleece and Mr. Currie's house; they were going through George-yard, which leads into Bow-lane; they went into Bow-lane, and there parted; one went down Bow-lane, the other into Bow-church-yard. Cleghorn went into Bow-church-yard; I pursued him into Cheapside; he had a bundle flung across his shoulder, which made me suspect he had it. I took him when he had got about forty yards in Cheapside.
Q. Had he the bundle then?
Wright. Yes; I asked him how he came by the bundle; he said very honestly. I said from where; he said Ironmonger-lane: I said I am not certain, but I believe you came out of a house in Queen-street. I took him to the watch-house; coming through George-yard, he broke away from me; I pursued him thro' Cheapside, and Honey-lane-market, and into Milk-street, and took him in Mumford court. I said I had a brother watchman joined me in Cheapside. When I took him the first time, he threw the bundle down in George-yard, when he broke away from me. I gave him in charge of a constable. I searched his right side coat pocket, and took out two large spoons and a candlestick, and two clasp knives.
James Ward . I watch'd in Bow-church-yard; as the prisoner came by me my brother watchman desired me to follow him; we overtook him and brought him back; he had a bundle in a check apron; when we brought him back to George-yard he threw the bundle down and ran from us both; my brother watchman left me with the bundle and pursued him; I left it in charge of one Heath, a watchman, whilst I joined him in the pursuit; when we brought the prisoner back, the bundle was at the watch-house.
Q. But you don't know that was the same bundle?
Ward. It was in the same apron; it did not appear to have been opened.
Q. Was you present when the prisoner was searched?
Ward. Yes. There were found upon him three large table spoons, four tea spoons, the top of a cruet, a silver, or plated candlestick, two clasp knives, a brass tobacco box, with tinder and matches, a flint and a steel, and six or seven keys.
Q. to Ward. What time of day was it when you first saw him?
Ward. About twenty minutes after four; the day broke at four then; so that we had no occasion for any lanthorn.
Mr. Currie. The plate was in a pantry below stairs.
Q. How soon did you know any thing of it?
Barber. About a quarter after four the street bell was rung; I came down and found the street and back yard door open.
Q. Did they appear to be opened from the inside of the house or broke?
Barber. They seemed open'd from the inside.
Q. Was that door locked over night?
Barber. I believe not. I missed seventeen pair of my master's shoes and several things of my own (mentioning them.) My things were missing out of the kitchen; I don't know that any thing but my master's shoes were lost out of the office.
Barber. Yes; a gown in my custody was stolen out of the kitchen.
Q. What are the things belonging to the Davys's?
Barber. I don't know.
Q. What were they?
Barber. Ferdinando Davis was clerk to my master, the other is his brother; his things were missing out of the kitchen.
Barber. Servant to my master; all his things were missing from the pantry.
Q. Did you observe any locks broke or any force having been used?
Barber. No; none.
Q. Did you know either of them?
Barber. Yes, Aldrich; his mother washed for my master.
Q. Had he been at your master's that night?
Barber. He never was there before.
Q. How do you imagine they got in?
Barber. At the cellar window.
Q. What fort of a window is it?
Barber. There is two doors, and a plank lets down upon the ground.
Q. Was that cellar window open?
Q. How does it fasten?
Barber. With an iron bar outside, and it pins inside.
Q. Did you observe in what state it was over night?
Barber. Quite fast.
Q. When they got into the cellar was there a free passage into every part of the house?
Q. No door shut to?
Barber. Not that I remember.
Q. Was the cellar door open?
Barber. Yes; there was no inner door fast, the outward doors were all fast, the street door was fastened with two bolts, a chain, and double lock; the other door with two small bolts, one at the top, the other at the bottom.
Percival Philips . On the twenty-fourth of April, I think, when I went home, one of the watchmen told me a house was broke open in Queen-street, Cheapside. I enquired who it was, they said one was taken. I know him, and knew the other prisoner was sometimes with him. I went and found Aldrich in Cow Cross. I took him to the gentleman's house; I searched him, and in his pocket was this silver spoon, and three keys, and he had a hat belonging to one of the gentlemen, which he had on his head. (Mr. Curric. These are my property, all but the hat.)
Ferdinando Davys. I was in the house the night it was broke open; I was alarmed by the watchmen; I lost four shirts, three neck-cloths, a stock, four handkerchiefs, and two pair of stockings, and John Davis , a coat and shirt; they were taken out of the kitchen; this hat is mine.
Lowther Field . I live with Mr. Harrington, a pawnbroker, the corner of Turnmill-street, (producing a shift and cloak) I took in the shift of Aldrich, the cloak I took of his wife on the twenty-seventh of April.
Q. from Aldrich. By what mark do you know the cloak and shift?
Barber. By a particular cut in the neck; it is my own making.
Aldrich. She said there was a linen draper's mark at the bottom of the shift.
Barber. I don't know that I said any such thing; the cloak was unmade when it was stole; now it is made up, and the head is of a different sort.
David Taylor . I live with Mr. Macartney, a pawn-broker, in St. John-street; (produces a hat, two shirts, a neckcloth, and a tea-chest) a man brought the hat; I can't positively say whom; it was brought on the twenty-third of April; the shirts were brought by a woman on the same day; the tea-chest was brought on the twenty-fifth by a woman, the same woman that brought the shirts; the neckcloth was brought with the shirts I believe.
Q. Do you know neither the man nor the woman?
Ann Harris .
Q. Do you know who the woman was?
Q. When did you see her?
Taylor. Two hours ago at the George.
Q. What is her name?
Q. Who is she?
Taylor. I do not know.
Q. Come, it is a plain question, do you or not know who the woman was that pledged them; you say you saw her two hours ago at the George; who is she?
Court to Taylor. You carry on a dangerous kind of a trade; and if you carry it on in this way you are likely to stand in almost as bad a chance as they.
Hatch. I had them of Aldrich last Friday was fortnight.
Q. You pawned some things at Harrington's in Turnmill-street, I believe.
Hatch. A cloak.
Q. Who had you that of?
Hatch. It has been in my custody a good while.
Q. How did it first come into your custody?
Hatch. I bought it in Rag-Fair.
Q. The whole of it; head and body?
Hatch. Yes, as it is.
Q. How long ago?
Hatch. Two months ago.
Court. That is before it was lost.
Hatch. There are many cloaks alike; that is not her cloak.
Q. Do you know what became of her cloak?
Hatch. I never saw it.
- Davis. This hat is mine.
Q. to Hatch. Do you know how that hat came at the pawn-broker's?
Hatch. I did not carry it.
Q. Do you know who did?
Hatch. No; I do not.
Davis. I believe one of the shirts is mine; but the mark is taken out.
Court. Mr. Currie, can you explain how these people got into the house?
Mr. Currie. There was a defect in the curves in the windows; there are two planks come out and make part of the footway. I never knew till after the robbery that these planks were not fastened. I thought they had gone into a grove or something, so that they could not have been slid on the outside; but when I came to examine them the day after I was robbed, I found it was possible to slide them out of their places so as to get down.
Q. from the Jury. Was there not a fastening they call an iron dog?
Mr. Currie. No; it appeared to be quite solid, but it was not.
- Heath. I am a watchman.
Q. Do you remember coming up to assist when Cleghorn was taken?
Heath. Yes; I took the bundle to the watch-house, and gave it to Mr. Foster. (The bundle produced, containing two great coats, thirteen pair of shoes, one shirt, one neckcloth, two silk handkerchiefs, one white apron, three coarse aprons, a jack towel, three check aprons, and a red and white handkerchief.)
(The above goods were deposed to by the different owners, as mentioned in the indictment.)
- Davis. There is all the plate that has been produced, but the spoons in this bundle that has now been opened. There was a toothpick in his pocket.
I was speaking that evening with one William Tuttle that I am acquainted with at a public house. I went home with him to one Mr. Jones's in Field Lane; it was too late to go home to my master's, and I was much in liquor; it was about three in the morning. I was awaked by Richard Aldrich , who told me an acquaintance of his was likely to have his goods seized, and wanted me to help him away with them. He said he had brought one bundle home himself, which I did not see. I dress'd myself, and went down stairs, When we came out in the court we met with a girl that he knew; he and she walked arm in arm, he turned down Lawrence lane; I bid her good morning. Afterwards he cross'd the way, and went down Queen street; he
To Cleghorn's Character.
Q. Was he diligent and industrious or not?
Langthorn. He would lay out at nights sometimes; all I have to say is he never wrong'd me or any of my customers as I know of.
Ann Wegborough . I live in Plow Court, Holborn. I know Cleghorn by sight; Aldrich lodged in the house about three months, Cleghorn only lodged in the house that night. Tucker lodged there, and brought him home with him.
Q. What time did he go out that night?
Wegborough. When Tucker brought this man home he asked for Aldrich then for his wife; she was not at home. Then he came to bed in the next room to where I laid; about three Aldrich came home. I heard him make a rumbling up stairs, as if he brought some goods or something; then he went up to his wife, and came down and knock'd at Cleghorn's door, and asked him to go out with him.
Q. Who is his wife?
Q. Whose wife might you be?
Wegborough. I live servant with Mr. Jones.
Q. Then you was not wife to neither Tucker nor Cleghorn?
Wegborough. No; to neither of them. About four in the morning Aldrich came home, and asked me if I heard the young fellow come in; I said, No. He answered, then he is took up.
As for what Cleghorn has said against me I am as innocent as a child unborn. I have nothing to say but I beg mercy of the court; what Cleghorn has said against me is as false as God is in heaven. That is all I can say; I am in service in a publick house . The last part of my time I served abroad; I hope the gentlemen will consider it. I never was before a court in my life before.
Both guilty of Felony only , T .
328, 329, 330. (M.) Nathaniel Bailey , otherwise Bailiss , John Murphy and Charles Robert , were indicted for breaking and entering the dwelling of Thomas Stevenson on the 20th of April , about the hour of one in the night, and stealing 300 yards of linen cloth, value 60 l. thirty yards of long lawn, value 5 l. fifty linen handkerchiefs, value 10 l. and one cloth coat, value 3 s. the property of the said Thomas in his dwelling house, and one laced hat, value 3 s. the property of Daniel Stevenson , in the dwelling house of Thomas Stevenson . ++
(The witnesses were examined apart, at the request of the prisoners.)
Thomas Stevenson . I live in King-street, Golden-square . I am a linen draper . My house was broke open on Saturday the 20th of April; we did not know any thing was the matter till Saturday morning, about 5 o'clock, a gentleman alarmed us: when I got up, I found my parlour door broke open, the box of the lock was broke off, and I missed a great many things out of the parlour, and a great many linens out of the shop.
Q. Was there any marks of violence in the shop?
Stevenson. No, none at all. I missed some long lawns, some Scotch lawns, and printed handkerchiefs. The next day I went into theJohn Fielding 's, and gave information of the robbery; on the Monday following I was sent for to Sir John's, where I saw a parcel of my goods. I examined them, and found my marks on them: here is the account of them ( reads a paper, containing the things mentioned in the indictment) the gold laced hat is my son's.
Stevenson. Yes; I missed them.
Q. Were any of them in the same quantities which you lost?
Stevenson. I can't be certain as to that. I saw my marks upon them.
Q. Did you see the state of the house the night before?
Q. How big might the hole be you speak of?
Stevenson. It had been a square glass, but it had been broke, as my people said, by the cats, and my people had pasted paper over it.
Q. Was there room enough to admit a man through it?
Stevenson. A flight man might, I think.
Q. from Ibbert. Don't you know me?
Stevenson. Yes; I know Ibbert. I thought he was a sober honest lad; his mother is an honest woman. I know nothing of him lately; he has been at my house.
Samuel Jameson . I am a barber. Charles Ibbert and myself, and Bailiss, were drinking at the Shepherd and Goat, at Fleet Ditch, between twelve and one o'clock; we went from there to the Coach and Horses, outside Temple Bar, there we sat and drank four or five half pints of rum; we went from there about half after two, towards Leicester Fields; then we went down a street, at the bottom of it Ibbert bid me stop, opposite the watchman's box, accordingly I sat down just opposite the watchman's box, and went to sleep; Ibbert ran to me, and asked me what I was about; I asked him where Bailiss was; Bailiss, said he, why you are in a trance; mind what you are about, says he, and if the watchman comes, whistle: he went away, and I sat down and went to sleep again: in about half an hour the watchman came up, I seeing him ran home directly, and went to bed; I waked about eight in the morning, and found the goods upon a chest, I had left the door open. I put them into the chest, and locked it. I spoke to Murphy, and told him I should be obliged to him to find any body to buy the goods; he asked me, if they were stolen; I did not tell him whether they were or not; I said he need not be afraid, nothing should hurt him; he said he knew one or two which could buy them of me. I appointed to meet him at the Swan in Salisbury Court; accordingly he brought a Jew and another man there, and went up with Bailiss to look at the things, Bailiss came along with the Jew; they went to my lodgings, at a court in Fleet-street, the Hole in the Wall Court; I was drinking at the Swan door at the same time. Mr. Phillips and some other constables came in. Ibbert said, we had better go off; I am afraid there is something the matter.
Q. Who did Ibbert come with?
Jameson. With me.
Q. Was Ibbert with Murphy when you spoke about selling them?
Jameson. No; I met him at the Shepherd and Goat next day; he was at the Swan with me several times; Ibbert staid at the Swan with me, he came in about half an hour after I was there; he and I went off, when he said he was afraid something was the matter; we went opposite the court where my lodgings were; we staid there, and saw the constable go up and bring down Bailiss and Murphy; we followed the constable to Sir John Fielding's as we were coming back again we met the constables; they took Ibberts, and I made off; next morning Phillips took hold of me, and carried me before Sir John Fielding .
Jameson. I cannot say, I was in liquor then.
Q. Was you never sober before him; how many times was you examined?
Q. Was you drunk both times?
Q. I suppose you say this to account for not telling the same story now that you did then?
Jameson. I do not know what I said then.
Q. What business had Bailiss and Ibbert to see the linen; what had they to do with them?
Jameson. To see if they could get somebody to buy them.
Q. What had they to do with them; how came the linens in your room?
Jameson. I do not know, I was asleep; I am apt to think Bailiss and Ibbert brought them.
Q. What are your reasons for thinking so?
Jameson. Because we were all out together.
Q. For what purpose?
Jameson. With an intent to break open a house.
Q. Was there any agreement what was to be done with the goods if you got any thing; where were they to be brought?
Jameson. To my lodging.
Q. Murphey was not with you at this time?
Q. They were brought to your lodging then?
Q. What time the next morning did you see Murphey?
Jameson. About ten o'clock.
Q. Did you see either Ibbert or Bailiss before you saw him?
Jameson. Yes; about half an hour after nine I saw Ibbert.
Q. What was Ibbert's business?
Jameson. To see and get the goods off; he asked me if I could tell who would buy them; I said I would speak to Murphey.
Q. Was this the first time you had been concerned?
Jameson. No, once before.
Q. You did not know who was to buy the goods?
Q. When did you see Murphey?
Jameson. Next day, at a slop-shop in Fleet-street.
Q. Did not you ask Ibbert how they got at them?
Jameson. I asked what they had got: they said a quantity of linen; I told him I did not untie them, but put them in the chest just as they were brought; he asked me to get somebody to buy them.
Q. Did you ask him where or how he got them?
Jameson. I had not time then; Ibbert fell a swearing at me for running away and leaving them.
Q. Who was to have the money they were to be sold for?
Jameson. Ibbert and myself.
Q. What were you two to divide all the money?
Q. Was nobody else to have any share in it?
Q. Not Bailiss?
Jameson. No; he said Bailiss had nothing to do with the robbery; and if it lay in his power he would not allow him a halfpenny.
Q. When did you see Bailiss.
Jameson. About twelve o'clock at the Swan.
Q. Not see him; you mean till he, Murphy, and the Jew came there.
Jameson. I saw him at the Swan before that.
Q. What passed between you and Bailiss then?
Jameson. Nothing about the goods.
Q. Did not you tell him you had seen Murphey?
Jameson. No; he had a person with him; he gave me the wink to say nothing.
Q. When you all met at the Swan you say the Jew and Murphy went to see the linen?
Q. How came Bailiss to go?
Jameson. I do not know what I said.
Jameson. I can't say.
Samuel Aaron . On Saturday morning, the twentieth of April, I saw a young man I took for Robert King . Mr. Wood gave me orders to take him in Chancery Lane. I met Charles Ibbert and Murphy; this was after five in the morning. Three of them came up and almost frightened me. I cannot swear to Bailiss.
Q. Did you mention any body else.
Aaron. No. I went by appointment to the White Swan. I met Charles Ibberts and Bailiss at a different table. I asked to see the goods; they said Murphy had the key. He was not there. I was to see them on Monday afternoon. I waited from two till four. All three of them were together. They said they wanted to see another. I asked who that was; they said Bailiss. I asked them to shew me the way: Murphy and Bailiss went with me, I bid a porter watch to see what house I went into, and then send to Phillips, Wood, and the rest, to take them. They had an inventory of so many yards of different linens; they were some in a bundle under the bed; some in a pillow, and some in a trunk. I took another man along with me, John Bamford , to show them some money, because they would not let me see the goods without I showed them the money.
Q. What said Bailiss?
Aaron. He did not say a word. They left it all to me, to make what agreement I liked.
Q. When you came into the Swan on Sunday, they were sitting at different tables, Bailiss and Ibberts?
Q. Did they join company at supper?
Aaron. They supped separate.
Q. When did Bailiss come to you to talk about these goods?
Aaron. Never at all about them.
Q. Did you hear the other speak about the goods?
Aaron. Charles did. I asked if there was any plate; he mentioned several things, two table spoons, six tea-spoons, a pair of tea-tongs, a silver waiter, a silver salt, a silver milk-pot, and a pair of salts. I asked what was become of them; he said he did not know whether they were sold or no. I never saw them.
Q. to the prosecutor. Did you lose such plate?
Prosecutor. Yes; the very plate he has mentioned:
Michael Wood . On Saturday morning, the twentieth of April, this Jew came and called me out of bed, and told me that he met Bailiss and some more with as much goods upon their backs as they could carry. He said, Bailiss asked him to give him a lift; but he said, No; God bless him with his burden. On Monday Sir John Fielding sent three men with us; we went to the Ship the bottom of Salisbury Court; Aaron was to meet them at the White Swan; we waited for Mr. Kirkshaw. I bid him get a man to trust him with some money; he called a man in; he laid him down eighteen guineas, and bid him go with him; and gave him a bit of paper. I said, do not offer to buy any thing, but shew the money, and I will follow you. I sent a ticket porter with a knot to watch them. He came in about a quarter of an hour, and said he had found out the place; it was at the Hole in the Wall Court. I went up into the house as softly as I could; I went up into the room, and knocked at the door. As soon as I came in, I saw John Bailiss , Murphy and the Jew, and the other person that Mr. Kirkshaw sent: there was a vast quantity of linen and things. The porter came in, and then Phillips the constable.
Q. Had you known Bailiss?
Wood. Yes; these two or three years.
Q. What was his way of life?
Wood. I thought a good way; I thought him a lawyer's clerk. As for Murphy I do not know I ever saw him before. Then Phillips said, go to the White Swan, and see if there are not two men; I went down with Kirkshaw, and there were none but that lad there with a pot of beer before him; we took him to Sir John Fielding 's. (The goods produced.)
Q. Did Bailiss say nothing more?
Bamford. No; he only said he thought they were worth a good deal more.
Q. Then Murphy was the man that opened the box and produced the linen?
Q. He was the man that talked about selling the goods, and Bailiss said nothing but when they were talking about thirty one-pound, he thought they were worth more?
Bamford. Nothing more that I remember.
John Jennings . There was a hair trunk that is in Court, in the room, Murphy was standing by it. I said give me the key, he did. I unlocked the trunk and saw it full of linen. I locked it again and carried it to Sir John Fielding .
Q. Did you observe the kitchen window?
Slater. One was wide open. I fastened it over night myself, the bolt were wrenched open; the kitchen door was bolted inside, when I went to bed, I found it open.
Q. Did you take notice whether the hole that lets light into the coal shed from the kitchen, was in the state you left it?
Slater. That window was broke open, the window was pulled out.
Q. What time in the morning was it when you got up?
Slater. A little after five.
Q. It had been day light a good while had it not?
Prosecutor. I can swear to all of the things produced; they have all my marks, except the great coat and hat which are my son's.
Percival Philips . I saw Bailiss in the morning at the picture shop in Fleet-street. I did not offer to meddle with him, we spoke to each other. I was much surprized to see him in the room, as I never heard any thing amiss of him; he and Murphy both stood up against the side of the chimney. I asked what cloth they had there. Upon the bed I found this pistol (producing it) in a handkerchief, and a gold laced hat with it. I was informed the lodgings belonged to Murphy and Ibberts.
Upon Monday the twenty second of April I think, I went to Westminster-hall, in order to attend a trial for my master Mr. How, to oppose the discharge of one Web a prisoner in Newgate, who was about to receive the benefit of the insolvent act; my lord Mayor was brought up that day in order to be admitted to bail, which occasioned me to stay there till about four in the afternoon, after that I came away with the plantiff in the action to Salisbury Court. I said to him I wish you would call upon Mr. How, and tell him I was obliged to stay so long. I went to the Swan to dinner, there I met Murphy, whom I knew when in his clerkship; he asked me to go to his lodgings to see the delivery of some goods, which he said were run goods. I went up into the room, the Jew was standing there, he said where are these goods, Murphy said here they are. I thought it proper to bring a friend with me to see the delivery
To Bailiss's Character.
William Cherry . I am a weaver, I was plantiff against one Webb. I was on the twenty second of February last with Bailiss, who is clerk to Mr. How upon that business. I went with him about nine in the morning, from Mr. How's, his masters house; we finished the business about three o'clock. I left Mr. Bailiss about four. I parted with him in Fleet street.
Q. Do you know whereabouts?
Cherry. Some where about the Hole in the Wll.
Q. Did you go into any house with him?
Cherry. No; not near that place; he desired me to go to his master's and acquaint him that he was going to get a bit of victuals and would come back directly. I called upon Mr. How and told him so.
Q. Did you ever see Bailiss in that room?
Davis. I never saw him there before that time.
Q. Was you pretty much at home?
Davis. Always, almost, I have a little family; they have lodged there three weeks.
Q. Do you know what time they came home on Friday night?
Davis. Not at all that night.
Mr. How. Bailiss is my clerk, he come on the twenty second, about a quarter before nine, I saw him myself, and ordered him to go to Westminster to oppose the discharge of a man now in Newgate.
Court. The question they ask you is what time he came the Saturday preceding?
How. About ten minutes after nine on Saturday morning.
Q. And was capable of attending to his bu siness?
Q. He did not look as if he had sat up all night or any thing of that sort?
Q. How long has he been with you?
How. He has been with me upwards of two years, and I have trusted him with many pounds; he behaved very well, he was a good clerk I should have no objection to trust him again.
- Davis. I live on Addle-hill, Doctors Commons. I am a hat and cloak maker, he lived with me, we had two rooms, he had one and I the other.
Q. Did you know any thing of him upon Friday the twenty third of April?
Davis. He supped with me between nine and ten o'clock.
Q. Was he drunk or sober that night?
Davis. Quite sober, he went to bed about eleven, and went out in the morning about nine.
David Cope . I am a weaver. I live in Chiswel-street. I have known Bailiss three or four years, he behaved very well, he has a good character, he has been trusted in my house and had the key. I never saw any thing dishonest by him.
- Cope. I am wife of the last witness, he always behaved very well, he had always a good character.
I am quite innocent. I went to bed about eleven o'clock upon Friday night, next morning Samuel Jameson came home very much in liquor. I got up about nine o'clock and went to breakfast. I left him a bed, he said he expected some run goods and asked me to get him a customer. I said, I would see what I could do. I went to meet him at the saloop shop. I told him I would see what I could do for him. I was coming through Fleet-street about four o'clock and met Mr. Bailiss, I desired him to go with me, as I was afraid, left Jameson should have any dispute about them; as Sam. Jameson was not there. I waited at the Swan sometime, he came in afterwards; he went with me, and Jameson staid at the door, he said they were his goods. I shewed them to the man, we had not been there above ten minutes before Sir John Fielding 's men came up. I understood that Jameson had spoke to the Jew himself about them. I live with my father, he is a writer; my friends were here at five o'clock, they are gone now.
To Ibbert's Character.
John Goose . I am a waterman. I have known Ibbert's from a child; he is an apprentice to a harpsichord maker; I never heard any thing amiss of him before this. I have known his mother a great many years.
Q. Where is his master?
Harrold. I don't know him.
Ibbert. My master is in the country.
All three Guilty of Felony only , T .
John Carter . I am a goldsmith , and live in Bartholomew Close. The prisoner worked with me as a polisher ; silver polishings is what comes off from plate in burnishing it, or otherwise; on the twenty-nine April, between the hours of one and two, my clerk acquainted me that Price, my apprentice, had seen the prisoner go to several polishing boxes and take out silver polishings; I gave him directions, as I was obliged to go out, to search him when he went away; and if he found any of my property upon him to detain him till I came home. I returned about a quarter after nine; the prisoner was then in my compting-house in the custody of a constable; as I had been robbed of this article to a great amount, I asked him about it; he acknowledged he had at sundry times robbed me of this article, and sold it to one Peter Tabois for four or five shillings a pound; which always produced me three times that money.
Q. Did you make him any promise of favour?
Carter. No; I made him none.
Q. Does any quantity of silver come upon their apron or so, in polishing?
Carter. There may be a trifle; it is not their perquisite.
- Scoffield. On Monday the 29th of last month, I returned from the other end of the town. The apprentice, Price, told me he had seen the prisoner through a hole I had cut (having suspected him) take some silver polishings from two of the boxes in the shop. I made this report to Mr. Carter; he ordered me to detain the prisoner; at night he returned. I kept him later than usual; he went away about nine. I sent Price for him; he hesitated to return, but did come. I asked him what he had in his pockets; he said, nothing: I bid him empty them. He took out several indifferent things, and turned out one pocket that had nothing in it: I bid him turn out the other; he kept his hand in it five minutes; I believe at last he took out these brushes (producing them.) I asked him how he came by them in his pocket; he said he did not know. Then I asked him if he had nothing else; then he pulled out some
Joseph Price . * My master often cautioned me to watch the prisoner. The clerk made a hole in the wainscot; when all the men were gone, but the prisoner, I saw him come to the window and look out; then he went up to the polishing box. I could not perceive what he did; he fumbled there; then he went to the place where he generally sits, and put his hand into his pocket; then he came back again and went up to the other box, which I saw his hand in. I thought I saw it through his fingers as he went along; then he went to the same place were he used to sit, and put his hand in his pocket.
Robert Haywood . The prisoner worked for Mr. Carter. He did not brush. I used one of these brushes that has been produced on the twenty ninth of April. The prisoner only rubbed and stoned, and got ready for the polishing.
Peter Tabois . I live in King street, Bloomsbury. I am a washer; we melt polishings and cleanse silver out of the dust, for gold and silversmiths. I have bought of the prisoner aprons and fronts of coats and waistcoats, which is their perquisites. I was once between a master and his man, and valued his apron and waistcoat, which the master paid him for.
Q. What price do you give?
Tabois. It is all an uncertainty, according as we thought it might be filled with silver, three, four or five shillings. I never bought any polishing of him.
Q. What may that be worth that is produced?
Tabois. Nobody can tell till it is melted.
Q. What may you think it worth?
Tabois. I Can't tell; I may have bought ten or twelve times of him.
Whatever I sold to Mr. Tabois was breasts of coats, waistcoats, and fronts of breeches and aprons, nothing else.
For the Prisoner.
Guilty, 10 d.
All three Acquitted .
Robert Bestland . I was going down Cheapside near the end of Newgate-street , a butcher informed me the prisoner had picked my pocket of my handkerchief. I had observed the prisoner had followed me some time; he ran, I pursued him and called out stop thief; he was taken at the north door of St. Paul's. I took him to Guildhall immediately.
I picked the handkerchief off the ground.
Guilty , T .
Sarah Hills. I am a baker , and live at No. 34, in the Minories; my servant went out with some bread, the first of May; he came back again and brought the prisoner. I know nothing of it.
George Perry . I am servant to Mrs. Hills. I pitched my basket in Bishopsgate , and went with some loaves; when I came back I saw the prisoner put five quartern loaves out of the basket into his bag. I took him to my mistress; he was sent to the compter. He said he had a wife and four children; and desired I would forgive him.
I must leave it to the mercy of the gentlemen; I am a baker .
Prosecutrix. He was a master baker, and met with great misfortunes, as I am told.
Guilty, 10 d. W .
338, 339. (M.) William Kenney and Joseph Hawkins , were indicted for privately stealing from the person of Samuel Moreton , two bank notes, value 20 l. each, the same being due and unsatisfied , April 30 . *
Samuel Moreton . I received two bank notes, the numbers were of one 144, the other 217; I did not look much at them; they were 20 l. each. I wanted to get some gold to send into America. On the 30th of April, I took them out of my chest, and went to Mr. Drummond's to change them; they refused to change them. I offered to change them at the Crown in Bow-street. When I came near the Admiralty coffee-house, I met two soldiers; they said, Mr. Moreton, how do you do? said I, Do you know me? they said, Yes. They asked me to give them a pint; they took me down a long alley to a publick house. I stood against the table, and they stood by me; I put my hand in my pocket, and said, I have been robbed since I met you; they said, No sure Mr. Moreton, you can't be robbed, they said they would not take them away; they felt my pockets, then they bid me examine and search. I put my hands in my pocket again, and said, sure enough here are my bank notes; I put my hand in my pocket and felt them. I said, I am so glad I have got my notes again, I will give you half a gallon of beer for joy; a young man in the house wrapped them up in paper; and I put them in my right hand pocket. I paid for the beer, and we went up into the street; as soon
Q. At the time you caught his hand in your pocket, whereabouts was Hawkins?
Moreton. Not far off; a little at my left hand; there were several girls at his right hand. I charged them with it; they denied it; I was a good deal confused; I leaned against the wall, and they went away. I went down again to the same house, and said, They have robbed me of my notes again. They sent out after them, and caught them again. I received the notes from Mr. Lassater; they were brought back again in a few minutes; they offered to be searched; when they got to the top of the entry I walked behind; one of the girls knocked my hat off, and another struck me in the face; then they ran away, and I saw no more of them till they were taken; they acknowledged before the justice that they had changed the notes. I think Hawkins said, he got them of his father; Kenney said he found them in the passage.
Q. You said you was confused; was it with your loss or with liquor?
Moreton. With my loss; it was all the money I had.
James Bensell . Kenney came into my house on the thirtieth of April, and ordered a pint of hot to be made; he asked me to change him a twenty pound note; I said, How came you by it? he said, it was sent by his father out of the country to buy his discharge. I said, I was glad of it. I took it out of his hand and went to Mr. Cox, the brewer, to ask him if it was a good one; I told Kenney if he came in the morning I would change it; he came in the morning; I went up to Mr. Cox's and told him it came from a soldier. (The note produced.)
Prosecutor. That is one of the notes, No. 217, and I know it by the hand writing upon the back of it.
- Lassater. I paid Mr. Moreton two twenty pound bank notes on the second of January last; I received them the first of January; No. K. 217, No. H 14 +; there is my own hand writing upon the back of each; the 217 I received of one Musgroove, and there is his name upon the back of it; the name of Davis, of whom I took it, is upon 144, in my own hand writing.
William Webster . I received a twenty pound bank note from Kenney on the first of May. I had not cash in the house; I got Mr. Barrow to change it for me; and Kenney paid me fifteen shillings he owed me out of the change. Hawkins was with him; he said if I would change a twenty pound bank note, he would pay me immediately. I got it changed, and he paid me.
- Foster. I paid it Messrs. Neal, and Co. where we keep cash. I have traced it through two or three hands, but cannot find it.
Barrow. I took this memorandum: (Reads the marks of the note, which correspond.)
Q. from Kenney to the prosecutor. Whether you did not know us?
Prosecutor. I knew them by sight; I did not know their name.
Samuel Saunders . I saw Mr. Moreton and the prisoners at Derry's; they came in and called for some beer; Mrs. Derry said, Let no beer be drawn for them: I said, There is a creditable man with them. Then they called for a pot, and had it. Moreton put his hand in his pocket to pay for some beer; then he said, I am robbed of forty pounds; I said, It is impossible to be robbed in this house. I asked him if he knew the prisoners; he said he knew a little of them. He said he had two twe nty pound notes. He searched his pockets and pulled out some paper. He did not pull them out then. I said, You had better look further. One of the prisoners said, Look in that pocket, perhaps you have not searched far enough; upon that he put his hand in his pocket, and pulled out the two twenty pound notes. I looked at them, and said, I think you wrap them up in a careless manner. I took down a paper, and put the notes in it; he put them in his right hand waistcoat pocket. Then they had another pot of beer. They staid about twenty minutes.
Saunders. He appear'd so. Mr. Derry bid me turn out, and see what was doing by them people. He came back as I went into the passage, and said, I have lost my notes again. Kenney came down, and offered to be searched. Somebody said, I dare say the woman in company with you has the notes. One of them said he picked up the notes in Mr. Derry's passage.
Q. from the prisoner. Did not Mr. Moreton say he had lost one hundred pounds?
Saunders. Yes; he did. I said, In what? he said, Two twenty pound notes.
Q. Did you see the woman that was in company with them near Mr. Moreton?
Saunders. No; they were all together, and drank together.
- Derry confirmed the account given by the last witness.
- Bond. I took them at Richmond. Hawkins was very quiet; Kenney very obstinate. I found eleven guineas and a half, and a six and nine-pence on one; and upon the other I found six guineas and a half.
Q. Did you ask them how they came by that money they had?
Bond. They were very much in liquor. Hawkins said he had the money of his father. I gave them back a guinea each, by order of the magistrate.
Kenney, Guilty , Death .
Hawkins, Acquitted .
340. (M.) Robert Connor was indicted for stealing a silk purse, value 6 d. and three guineas in money, numbered, the property of Elizabeth Chancellor , in the dwelling house of the said Elizabeth , April 8 . *
Mrs. Chancellor. I live in Duke-street, St. James's . I am a lace merchant : my warehouse is up one pair of stairs backwards. On the eighth of April I was sitting in my back parlour, with my little grand-daughter, who is about four years old, and Elizabeth Hampton , my journeywoman. I heard a single knock at the door about eight o'clock: I sent Elizabeth Hampton down; she opened the door, and was running to give me the message. Before she came in, the prisoner at the bar rushed in; he moved his hat, and a black crape fell from under it over his face; he took a sword and pistol in his hand, and said, This is the suit of lace; you bitch, your money; I said, My money! he said, Give me your purse, or else you are a dead woman. I put my hand in my pocket for my purse: he held the pistol near my face: he said, D - n your blood, don't trifle; I am a gentleman in disress; I want two hundred pounds. I told him I had no more money in the house: then he bid me pull off my coat, and turn my pockets out; and he put in his hands to rifle them: he found no more money.
Q. Now look upon the prisoner; recollect yourself well, and tell me if you can be sure as to his person?
Chancellor. Yes; I am sure that is the man that took my purse from me.
Q. This was eight at night, on the eighth of April: it was dark, I suppose?
Chancellor. I can't tell; I had a candle in my parlour.
Q. You was frighten'd, I suppose?
Chancellor. Not. till he took out the pistol and sword, and dropped the crape; but he walked some way into the room before he let down the crape.
Q. You saw him as he came from the door?
Q. You say he rushed forwards?
Chancellor. Yes; he must be sometime a coming.
Q. Had you half a minute's time to look at him?
Chancellor. Yes; more than that, to be sure.
Q. Had you ever seen him before?
Chancellor. I cannot tell.
Q. How soon did you see him after the robbery?
Q. Did you know him at first?
Chancellor. Yes; as soon as ever I saw his face.
Q. How was he dressed when he came to your house?
John Fielding 's.
Q. Had he a laced hat on?
Chancellor. I can't tell; I was terrified when the child cried.
Q. You say you was frightened?
Chancellor. Not till I saw the black come over his face; and that must frighten a woman; very likely it would frighten a man.
Chancellor. I swore to his face; that I knew it before he let fall the crape.
Chancellor. I do not remember them little things; I said I could swear to the man?
Chancellor. I might say I could see his eyes through the crape.
Q. Could you from seeing him with the crape on in your room, swear to his eyes?
Chancellor. No; I swear to nothing with the crape on; I swear to him before.
Elizabeth Hampton . I lived with Mrs. Chancellor. I am her journeywoman. On the eighth of April, at about eight o'clock in the evening, Mrs. Chancellor and her little grand-daughter were sitting together in the parlour: there was a single knock at the door: I went: the prisoner was at the door. I opened it: the prisoner asked if Mrs. Chancellor was at home; I said, I did not know but I would go and see: he said he had got a suit of lace to shew Mrs. Chancellor, just come from abroad. I told him to stop a bit at the door, before I could get into the parlour to deliver the message, he got past me into the room: he went as far as the table where Mrs. Chancellor was sitting; then he lifted up his hat, and a black silk, or crape fell down over his face.
Q. He had not any silk or crape over his face when you let him in, or when he came into the parlour?
Hampton. No; he presented a pistol and sword to Mrs. Chancellor, and said, This is the suit of lace, you bitch; 'tis your money I want: he said he was a gentleman in distress, and wanted two hundred pounds, and would have it.
Q. Did your mistress give him any money?
Hampton. Yes; she gave him her purse: he d - d the purse, and said, That will not do for me; I am a gentleman in distress, and want two hundred pounds: the child cried; he held a pistol to her, and called her little squeaking bitch, and said if she did not hold her tongue he would blow her brains out. he ordered Mrs. Chancellor to go up stairs directly, and then he took up the purse.
Q. Your conversation at the door was very short, I believe.
Q. Was there no other conversation than what you mentioned?
Q. By what light did you see him?
Hampton. The lamp which is over the door: as soon as he got to the table, he let down the black over his face.
Q. About half a minute?
Hampton. Longer than half a minute, I think.
Q. Your expression was, he rushed?
Hampton. He came that minute into the parlour, and pushed the door to.
Q. You had no-opportunity of seeing his face I suppose, but what you saw at the door?
Hampton. Yes; in the parlour; I just got into the parlour first; I saw his face before he got up to the table.
Q. Can you describe any part of his dress?
Hampton. He had a lightish brown great coat on.
Q. A plain, or laced hat?
Hampton. Not laced that I know of; I am not sure.
Q. Have you any doubt of his being the person?
Hampton. No; I am certain he is the man.
Harry Harpur 's cook being the man?
Q. Was he first accused of being the man?
Hampton. Yes; he is vastly like him about the eyes; but when I went to Justice Fielding's, the minute I went in, the prisoner was there. I said, Sir Harry Harpur 's man is not the man, that is the man.
For the Prisoner.
Q. What business does he follow?
Vanderplank. A sea-faring man.
James Crosby . I am a dealer in tea. I have known him three years. I commenced an acquaintance with him at Sir William Stanhope 's, where he was butler. I had so good an opinion of him, that I used all my efforts to get him another place.
Wainright. I can't say, particularly.
Q. Have you known him this last twelve months.
Wainright. I recommended him to a gentleman that he travelled with, he was abroad with him three years, seventeen years ago; after that he went to sea.
Q. How often had you seen him within this last twelve months?
I was drawn in to commit the robbery by the accomplice.
Guilty , Death .
There was another indictment against him for robbing Mrs. Chancellor at the same time of to the value of upwards of 2000 l.
341. (M.) John Hatton , was indicted for breaking and entering the dwelling house of Joseph Sureties on the 10th of April, about the hour of eleven in the night, and stealing one metal watch, the outside case covered with fish-skin, value 4 l. two silver salt sellers, value 10 s. one silver milk pot, value 10 s. one silver punch ladle with a whalebone handle, value 5 s. seven silver tea spoons, value 7 s. two large silver spoons, value 8 s. two silver salt spoons, value 2 s. four silver castor tops, value 2 s. one pair of silver spoons, value 20 s. two pair of silver shoe buckles, value 20 s. one silver buckle, value 2 s. one pair of leather boots, value 10 s. one man's hat, value 5 s. one peruke, value 1 s. one silk handkerchief, value 1 s. one linen handkerchief, value 6 d. one linen shift body, value 2 s. one laced linen cap, value 2 s. and one cane with a metal head, value 5 s. the property of the said Joseph in his dwelling house . *
Sarah Sureties . I am wife to Joseph Sureties ; I live at Hackney . Our house was broke open on the 10th of April. When I came down stairs between eleven and twelve at night, I found my parlour window broke open. I was in the room several times that day; the shutters had not been opened several days. When I went to bed about eight o'clock, they were fast.
Q. What caused you to come down stairs?
Sureties. We heard somebody in the house.
Q. What did you find missing?
Sureties. Some table linen and other things. I lost something from every room below stairs.
Q. You are not sure that you was in this room at eight o'clock?
Sureties. I am not sure that I was in that room.
Sureties. Yes; and the other articles mentioned in the indictment. (repeating them.)
Q. Did you ever get any of them again?
Sureties. No; only the watch; (takes it in her hand.) This is the watch, I wear it myself; it was hanging in the room in which I generally sit.
Q. Are you sure that room was fast over night?
Joseph Sureties . My house was broke open on the tenth of April, about half after eleven and the things taken out my wife has described. I found this chissel and another, and two hats, ( producing them) the outside of the window was fast over night.
Q. Do you know who they belong to?
Sureties. No; I found this pick-lock lay near the same place.
Court. Is there any body here can prove who those things belong to?
Q. You said you saw the outside of the window was fast?
Q. How do you know that?
Sureties. If you had been there you might have seen the next morning it was wrenched open with this chissel, not the hinges wrenched but the hanging style that the hinges are fastened to.
William Hatebet . I am a constable. I keep a shop in Gravel lane Houndsditch. I was in my shop last Friday, and heard the alarm of stop thief. I ran out and saw the prisoner running, and several people running after him last Friday afternoon. I pursued him; he ran down Gravel-lane, as hard as he could, and several people after him; a man came out of the Black Moor's Head, when the prisoner was spent with running, and he was taken. I was present; he had this knife in his hand (produced a clasp knife) we carried him to the Poultry Compter, and there searched him we found this pocket pistol loaded with two slugs, and this watch we found in his breeches pocket ( producing them.) I ask'd him how he came by the watch; he said he bought it of a man in London. I took the watch to Sir John Fielding 's house that same evening; there was an advertisement there concerning that and divers other things.
Q. Do you know what occasioned the cry of Stop thief?
Hatchet. He was then pursued for another robbery, but was cleared by Mr. Wilkes.
Moses Levi I am a poulterer. Last Friday I heard a cry of Stop thief in Gravel lane; I pursued the prisoner, and took him with the knife in his hand. We took the loaded pistol and the watch out of his pocket.
The reason of my having the pistol is, some time ago three fellows attacked me; I swore against them; they threatened my life. Here is the warrant I had against them. I bought the watch; I have people to prove it.
For the Prisoner.
Q. What day of the week was that?
Wakesmith. On Monday: he said he had not got a ring that would fit me; so he took me to Duke's place, where I might have choice; the man brought up a good many.
Q. Do you know that man?
Wakesmith. I never saw him before; a good many people asked him if he wanted goods in their way.
Q. What is that man?
Wakesmith. I can't tell; I never saw him before.
Q. They did not call one another by name?
Wakesmith. No, he spoke broken English; he spoke to a little black man in a beard, in Hebrew, to know what his name was; he gave a receipt.
Q. Have you that receipt.
Wakesmith. No; Hatton had that for a watch he bought of him; I looked at the watch, and in opening it I slit my thumb nail.
Wakesmith. It was a green watch with spots in it, like the heads of pins; Hatton opened it.
Q. What did he pay for it?
Wakesmith. Fifty shillings; the man asked three pounds I think; Mr. Hatton went to drink with him at some publick house; the watch looked quite yellow and new inside.
Q. Did you see any thing wrote or engraven upon it.
Wakesmith. No, I can neither read nor write.
Here is the receipt for the watch.
Guilty , Death .
Note. The receipt was attempted to be wrote in Hebrew.
342. (M.) John Macdonald was indicted for stealing one green worsted purse, value 1 d. one hundred guineas, one hundred half guineas, four moidores, ten silver dollars, and eleven crown pieces; the property of James Hughes , in his dwelling house , Nov. 15 . *
James Hughes . I am a victualler ; I live in Webb-street, Whitechapel ; I have known the prisoner a great many years; he used my house; he came to my house on the fourteenth of November, with a man with him, between five and six in the evening, and said, he had got the best friend with him that he had in the world; and that he was a farmer at Hatfield; they called for a shillingsworth of punch; he asked me if I would let him and his friend lie at my house; I consented; they went to bed that night; in the morning the prisoner came down in his boots, and had them blacked; breakfast was got ready; he said the farmer complained of his being top-heavy, and did not chuse to get up; and wanted some bread and butter carried up. I went to bed myself; I always go to bed at ten o'clock. When he found I went to bed, Macdonald went up himself, and brought his friend down to breakfast with my wife; they ordered a neck of mutton to be made into broth for dinner. I got up some time before dinner, and dined; the farmer complained again of his head, and begged to go to bed again till his head was better; he asked, whether it was one or two pair of stairs; my wife said to the girl, Go up, and shew the gentleman where he lay last night; she went up and put the bed to rights; she came down, and left him there; Macdonald was up and down very often with him; in that time they picked my door and my bureau, and took the money away; that was the fifteenth; I did not miss it till the day following; there was about 200 l. I can't swear to the exact sum; the bureau was in my bed chamber; I found the door and bureau locked as I left it; so it must have been picked and locked again.
Q. Had you seen your money the day they came there?
Hughes. I saw it the day before.
Q. Had you any body lodged in your house at the time?
Hughes. No, only my wife, a servant and child. I went to Sir John Fielding , and had it advertised. In about a fortnight's time Sir John sent me word Macdonald was taken, and in Hertford gaol, and bade me go down. I went; he was committed for another fact there.
Court to the Prisoner. You was tried last assize there I believe?
Prisoner. Yes, I was.
Hughes. When I came to him I said, Have you any money? he said, No, I have not a farthing. I said, What have you spent my two hundred pounds? he said, There was not quite two hundred of it. He said, Go over to the jailor, and I will satisfy you in every thing in writing; I went over; in the interim there were some friends came to him, and advised him to the contrary.
Q. Can you tell with certainty how long it was after the supposed robbery that you found yourself to be robbed?
Hughes. The next day.
Q. Was there not some company dined with you on the 16th?
Hughes. No; I miss'd it in the forenoon before dinner.
Q. Did any body dine with you on the 16th?
Hughes. Not that I know of.
Q. What day did you see this money?
Hughes. The 14th, I suppose; I opened my bureau every day; I saw it every day.
Hughes. Because I did not see it: I go up to that bureau sometimes eight or ten times a day for change.
Q. How came you to miss it. Did you go up to give change?
Q. What change?
Hughes. For a twenty-seven shilling piece.
Q. And you are sure that was on the 16th?
( Sarah Young , who is servant to the prosecutor, confirmed the account given by her master of the robbery; and said that when she went up to make the bed the prisoner said she need not make it, and sent her down stairs.)
I am innocent of the affair.
To his Character.
Q. Was you at Hertford?
Q. And say he has always bore a good character?
Mahoan. Yes, to that time: he was brought up a tobacconist.
Q. Has he followed that trade lately?
Mahoan. I cannot say.
Q. How long ago did you see him act as a tobacconist?
Mahoan. Two or three years ago.
Q. How has he lived since?
Mahoan. He depended upon a fortune he was to have with his wife.
- Lowry. I have known him from a child; I never heard any thing laid to his charge before this time.
Q. Have you known much of him this last twelvemonth?
Lowry. I have seen him several times; I never heard any thing laid to his charge before.
Q. Was you at Hertford assizes?
Lowry. No; I was not.
Q. You never heard he was there?
Lowry. I never heard he was tried at Hertford.
Calcot Chambers. I have known him from a child; he had a good character before this.
Guilty , Death .
343. (M.) Edward Vaughan was indicted, for that he not being employed in, or for, the Mint, in the Tower of London, or elsewhere, nor being lawfully authorised by the Lords of the Treasury, knowingly, feloniously, and traiterously had in his custody and possession, one mould made of sand and earth, which had the stamp, resemblance, and similitude of a shilling .
Second Count, for having one other mould in his possession.
Third Count, for having one other mould in his possession, without any lawful authority, or sufficient excuse, April 30th . ++
Hannah Berry . I live in Brownlow-street, in the same house with the prisoner; I lodged with Adley; the person lodged with Mackmannon; the house was between two people; but there was only one stair case in the house.
Q. Had you any reason to suspect the prisoner at the bar of doing any thing improper?
Berry. From something I had heard pass between him and his wife, I suspected they coined money; I told my suspicion to my landlord: they seemed jealous, and used to slop the key hole of the door; so I made a hole in the partition in order to watch them. On Friday, the twelfth of April, I got up at six o'clock; I heard the prisoner and his wife at work before I got up; when she went down stairs I made a hole in the wall; I saw the prisoner with his cloaths open to his shirt, and a night cap on, walking about the room; I saw the new coin on a mould that lay open; the mould was near the middle of the room; soon after he took the coin up and turned it round; there were several pieces of coin joined together; I saw holes through it; he went with it towards the fire, and then he was out of my sight.
Q. What coin was it?
Berry. Silver coin.
Q. What size?
Q. Was it a mould of this sort?
Q. How long have you lodged at this place?
Berry. From the beginning of this quarter.
Q. What way of life are you in?
Berry. I have a child, and I take in a little washing.
Q. Are you married?
Berry. Yes, and have been these three years.
Q. How long did you continue to look through this hole?
Berry. About a quarter of an hour; he did not take the money out of the mould directly; but walked about some time.
Q. Which room is towards the street, yours or his?
Q. How high from the floor is the hole you made?
Berry. About two yards; I stood upon a chair to see through it.
Q. How did you stand, upright or stooping?
Berry. As upright as I am now.
Q. Do you call that two yards from the floor?
Berry. I did not measure the place; it was thereabouts.
Q. How big was the hole?
Berry. Just big enough to put my finger in.
Q. You say they were very jealous, and used to stop the key hole of the door; what time did you make the hole?
Berry. About two o'clock; when she went down.
Q. Did they work in a different room from where they lived?
Berry. They have a room on the first floor, and a bed room on the second floor; it was the bed room I saw him in.
Q. You was at home on Friday night?
Q. And had a candle?
Berry. I did not look into the room.
Q. What time did you go to bed that night?
Berry. I usually go to bed at ten o'clock.
Q. Did you hear them go to bed that night?
Council. The reason of my asking the question is, they would see the light.
Berry. I stopped the hole when I made it.
Q. How thick is this wall?
Berry. It is only lath and plaister.
Q. A double lath and plaister?
Berry. No, a single one.
Q. Are you sure it is not a double lath and plaister?
Berry. The place that I made the hole through was single.
Q. What did you make the whole with?
Berry. A narrow pointed knife.
Q. You can tell how many inches the knife went in when you made the hole?
Berry. Not any inches.
Q. Was it a Penknife?
Berry. No; a case knife pointed.
Q. Then you can give us no notion of the thickness of the wall?
Q. Was this coin you saw, all of the same size?
Berry. Yes; as near as I could guess.
Q. It might be shillings or six-pences for what you know?
Berry. I am sure they were shillings.
Q. Did you ever mention this hole to any body?
Q. When did you let Adley know of it?
Berry. In the morning when he was at breakfast, on Saturday.
Council for the Crown. What did you see yourself?
Berry. They went down stairs to breakfast directly after he had carried the coin to the fire; when she came up again, I went to tell Adley; he did not come up again, she came up about eight o'clock. I looked through the hole again, and saw her a going to make a pair of moulds.
Q. Situate near your house?
Adley. Close together; there is but one pair of stairs to the two houses.
Q. Do you know the last witness?
Q. Do you know what partition is between the rooms?
Adley. There is a broken wainscot and a thin plaister wall; Hannah Berry came down to me when I was at breakfast. I went up with her; I stood up in a chair in her room, and put up my head close to the wall and peeped through a smallish hole.
Q. How large?
Adley. About the size of a small finger.
Q. Did this hole command the room so that you could see any thing in it?
Adley. I could see only right forward, facing the hole.
Q. Look at that mould, did you ever see it before?
Adley. What I saw was partly about the size of this.
Q. Did you see any thing else about the room?
Adley. Nothing particular.
Q. I think you say you came into the room by request of Berry; had she had any talk with you before about the coining?
Adley. Not particular before that day; we had suspicion; the prisoner's wife said she made rich cordials, and in pouring it out she scalded her hand.
Q. Where is your room?
Adley. My bed chamber is over theirs.
Q. What o'clock was it when you went up stairs with Berry?
Adley. About nine o'clock.
Q. Did she or you get up to peep first?
Adley. I can't justly recollect.
Q. Did she take any thing out of the hole before she peeped through it?
Adley. Yes; a bit of paper, that she stopt it with.
Q. Berry had been your lodger sometime, I believe?
Adley. Not a quarter.
Q. The prisoner's wife and Mrs. Berry used to quarrel a little sometimes?
Adley. I never heard them.
Nicholas Bond . I am clerk to Sir John Fielding . On Monday the 15th of April, I received a letter from Mr. Chamberlavne, the woman waited whilst I read it; Sir John made out a warrant against Vaughan and his wife; I got an officer. I went with him directly along with the woman; when we came to the corner of Brownlow street, Mrs. Berry said, that they were blowing when she came out, she told us she would go up stairs first; and if they were blowing she would come down and let us know; she came down and said they were blowing. I went up stairs, and I listened in the passage. I heard a blowing; Mrs. Berry had told me that they kept the door locked. I went all of a sudden to the other side of the passage, and bursted the door open. The prisoner's wife was blowing the fire; she turned round from the fire and made a prodigious outcry. I put her into the hands of the constable and went forward to the fire; there was this crucible in the fire red hot ( producing it) with metal in it; the prisoner was not there.
Q. What did you see when you went in?
Bond. I saw that mould lying on the floor, between the bed and the fire place, the screws were edge-ways, the mould lay ready for the metal to be poured into it.
Q. Was any body with you?
Bond. Yes; Halliburton and my brother. I called in Berry before I left the room.
Q. to Berry. Did you see that mould?
Berry. I saw a mould like that.
Bond. I have kept it in my possession. I locked the room and took the wife with me.
William Halliburton . I took the prisoner at a public house. I went with Mr. Bond; we found that mould in the room by the bed side; the counterfeit money (producing it) was found in a basket and in a little box by the bed side. The prisoner is a porter and plies at Gray's Inn Gate. I took him in Holborn, at the corner of Gray's Inn Gate. I told him I wanted to go to his house; he said, what can you want at my house? I asked him where he lived; he told me some place, I forgot where; but it was not the place where he lived. Clark said, I have got an information that you are a smuggler, and we want to search your house for smuggled goods; then said he, if that is the case, I will go along with you, and shew you every part of the house; he took us to the one pair of stairs room; he did not know at that time that his wife was taken. I searched
John Clark . I went with Mr. Halliburton to apprehend the prisoner; we found him at the Elephant and Castle in Holborn; he said he lived a mile from that place: I told him at last, we had an information of smuggled goods; then he took us very readily to his apartments in Holborn.
Q. Did he shew you his own apartments?
Clark. I went up into his one pair of stairs room, and there searched him. I found this receipt upon him, in his pocket-book, in his left-hand pocket (producing it) It is read, giving directions how to cast money. We found these three sixpences in his pocket. I was not in the room when he was first searched.
Q. You say, when he talked about smuggled goods, he went very willingly?
Q. But you know a search is a search; when you search'd for smuggled goods, you would find what was there - Can you tell us whether that mould has been used since the impressions were made?
Clark. No, it has not; that blackness is occasioned by being smoaked, which hides the impression till the metal is run in, and then it brings the black upon the coin. They smoke it in order to preserve the impression.
Q. Are you a moneyer in the mint?
Clark. No; I have made buttons.
I will relate all I know about the matter: some time between Christmas and Candlemas last, I met one Bachanan in Red Lyon-square. I had not seen him some time before. He had these moulds with him; he said, I am going into the city; I wish you would let me leave this till I come back. I readily consented that he should; he left them; and I never saw him from that time to this. I know nothing of the matter no more than the child unborn. I always worked hard to maintain my family. I found that receipt in Bow Church-yard.
To his Character.
Michael Babbs , I am a stationer; I have known the prisoner about eight years; he is a ticket porter to the society of Gray's Inn; I became acquainted with him at Mr. Hanson's, where he lived seven years; he was intrusted with large sums of money, and behaved well: and what is remarkable in the present case is, that he was very early and regular in his business.
Edmond Williams . I keep a chandler's shop in King's-street; the prisoner lodged with me two years, he has left me about a month; he was a very industrious man; is a porter, and went out regularly to his business.
- Mackmannon. I have known him from the fourteenth of March last; he behaved well, and bore a good character whilst he lodged with me.
Q. What room had he of you?
Mackmannon. Two; one on the first, the other on the second floor.
Guilty , Death .
344. (M.) Samuel Byerman , the elder , was indicted for feloniously and traiterously coining one piece of false and counterfeit money, in the likeness and similitude of a quarter guinea , February 30 . *
Q. Had he a hanger in his hand?
Clark. Yes; it generally hangs in the day time in the kitchen.
Q. Did you see him yourself in the parlour?
Clark. Yes, the mould was all marked; I saw him put the mould together, and pour the metal in; then he broke the mould in two; I saw this while I was sitting upon the stairs, waiting to go down with the chamber-pot; the parlour door was wide open; and the hanger lay across the table; after I went, the prisoner came up and opened my chamber door to see whether I was in bed.
Q. Did you see him coin a quarter of a guinea?
Clark. I saw him pour the metal into a a mould, which I suppose was the same as I had seen; and there was some quarter guineas in a little box upon the table.
Q. Was that after you had been in the parlour?
Q. What was the mould made of?
Clark. Round it, I believe, was iron, it was black in the inside.
Q. What do you apprehend it was made of?
Clark. I can't tell; I did not take them off the table.
Q. Was it possible for you to see, as he poured the metal, what colour it was of?
Q. Did you ever see a mould before?
Clark. Not till I saw young Mr. Byerman's.
Q. The parlour door was open, and your master was at the vault, you say?
Q. And remained so?
Council for the Crown. Did you go to any magistrate?
Q. Did you go of your own accord to the justices?
Clark. Yes: they would not grant a warrant for the bad shillings. I was served with a copy of a writ to make my words good: then I told the whole story.
Q. How long was that after this warrant?
Clarke. Two months.
Isabella Walker. I went to live with Mr. Byerman a month all but a day before Christmas. I came away on boxing day; the day after Christmas day. Mr. Byerman used me very ill; he sat up to write one night, he sent me to fetch a thing in out of the yard with a handle, such as plumbers use, about half a yard long. He called me up in the morning; when I came down stairs, there was a great fire made up with wood; he said he made it with wood, because I did not fetch the coals, and said he should not have called me so soon if he had
Q. Should you know it if you saw it again?
Walker. Yes; it had a head on one side, and nothing on the other.
Court. Here is no evidence at all given on this occasion that can render it necessary for the prisoner to go into any defence; the prosecutors have undertaken to prove that he coined a counterfeit quarter guinea; neither of the witnesses are able to prove such a thing upon him.
345. (M.) Samuel Byerman , the younger, was indicted for feloniously and traiterously colouring, with a composition of quicksilver and brickdust, divers pieces of copper to resemble shillings, against the stature .
Second Count charged him with colouring twenty round blanks, in resemblance of shillings, &c. against the stature.
Third Count, for coining a false and counterfeit shilling, Feb. 30 . ++
Isabella Walker. I lived with Mr. Byerman, the prisoner, at Hoxton ; I lived there about a month: I went there about a month before Christmas, and came away the day after Christmas day. On St. Thomas's Day, which was the prisoner's birth day, I cleaned his shoes and buckles for him; his buckles were large copper ones; he used to whiten them with brickdust and quicksilver; he bid me put some brick-dust into the mortar, and beat it; he got up to the pewter shelf, and took a bottle down; I put the contents of it into the mortar and beat them together; afterwards I saw him rub his buckles with the composition; he made them very white; I was going to clean the shoes; he bid me go up and make his bed; I brought his pot down, and went to the sink with it; he had six or seven bad shillings in his hand; he was rubbing them between his thumb and fingers; the sink is on the right hand side of the kitchen by the fire place.
Council for the Prisoner. My Lord, the act in this instance says, The prosecution shall be brought within three months; they are giving evidence of a fact in December.
Council for the Crown. My Lord, we have no evidence to give since that time.
(M.) He was a second time indicted for feloniously and traiterously coining one piece of false and counterfeit money, in the likeness and similitude of a shilling , February, 30 . ++
Sarah Clark . The prisoner on Ash Wednesday, ordered me to fetch a mould and a ladle, between three and four o'clock at noon; the ladle was in the back kitchen. I took the ladle to him in the parlour; there was a cart load of dirt, which I was to sist over the garden; while I was in the garden fisting the cinders, I stood near the parlour window; when I fetched the ladle he bid me turn the carpet half way up, which I did. I saw him take the mould out of a bag that lay upon the carpet. I stood pretty close to the window. I saw him with the ladle take some mould out of a watering pot, that I brought him; and I took him some water at the same time, to sprinkle the earth with. Whilst I was fisting the cinders I saw him put some of the earth into the mould, then he squeezed them together; then he laid some pieces of something along the mould; then he joined the two moulds together, the metal was on the fire; the prisoner called me, whilst I was fisting the first sieve, and asked me if I had taken any metal from off the music. I asked him what it was; he said a piece of tutenage; he called up to his mamma; she told him it was under the green cloth by the window; he put it in the ladle, and I saw it melted; then he put the moulds inside a stand and screwed the stand together; then I saw him pour the metal in the mould; then he unscrewed the stand and took the moulds out, he opened them and took out some pieces and broke them in half; then he throwed the coin upon the hearth; soon afterwards he took them up and put them upon a chair; just at that time the bell rung, he came to me and said he had looked through the door and it was one of his creditors, so he went up stairs; before he went up, he put the moulds into a bag, and he put the earth and ladle on one side; he took the bag up stairs with him. I went and answered the door; after the man
Q. Did you observe what was upon the other side?
Clark. I did not take that particular notice. I do not believe there was any thing upon the other side; then he brought down a bag and fixed a thing on the top of a little table, and it turned round like the flie of a jack; he opened the thing and fixed it on the table and turned the thing round; he put the shillings in and took them out. I saw him take them off the chair from under the handkerchief. When he came in again at night, I asked him what he was making with that metal; he said some dumps for a dancing master's son.
Q. Did you receive any bad money of the prisoner?
Clark. Yes; I have had the same as these shillings.
Q. Where they the same colour as them you saw when they were given you to pass?
Clark. No; they were not; they whitened them with the stuff they had mixed.
Q. Did you ever see the prisoner at the bar whiten them?
Clark. Yes; he rubbed them with his thumb and singer with something red; I don't know what it was. I have seen him beat it in the mortar, but never saw him mix it; when he had coined them he separated them that were in long rows, and put them upon the marble harth, then he put them in a chair and covered them with his pocket handkerchief.
Q. Do you recollect what day of the month it was?
Q. How long had you been in the house that time?
Clark. About a week; this was before I gave warning.
Q. Then he made no secret of this matter?
Clark. No; it was made no secret, nobody came into our house?
Q. You had lived there about a week?
Clark. Not so long I believe.
Q. How large is the room?
Clark. A large room.
Q. What part of the room is the fire place in?
Clark. On one side.
Q. How near did you stand to the parlour window?
Clark. I stood as close as I could.
Q. The sash up or down?
Q. How far from where you stood was the fire?
Clark. About so far; (describing about four yards.)
Q. What, was the dirt put into the moulds?
Q. Then you speak of tutenage. What colour was it?
Clark. Of a kind of yellow cast.
Q. And your master made no secret of it?
Clark. No, it is a pity but they did make a secret; they bring goods or any thing in, and make no secret of it.
Q. He left them upon a chair?
Q. Were they altogether or separate when you saw them upon the chair?
Clark. They were broke; they were all separate.
Q. What number did you see?
Q. You was in some confusion when this man knock'd at the door, and the young man went up stairs; your business was to talk to this man at the door?
Q. What time had you to go into the parlour?
Clark. While the man was talking, and making a noise at the street door.
Q. You was talking to the man till he was gone?
Clark. No; I shut the door before he went, and left him making a noise.
Q. When the door was shut, your master was safe enough from the man?
Q. How long did your master stay up stairs after the door was shut?
Clark. Some time after; I saw the money while the door was open.
Q. How long do you think?
Clark. I cannot say the time.
Clark. The street door; we do not let them into the garden when they come.
Q. Can you read?
Q. You look'd at these shillings?
Clark. Yes; I thought them the same make as the shillings they had given me to pass: it made me very cautious not to take them to put off.
Q. Did you say any thing to your master when he came in at night?
Clark. Only I asked him what he was making; he said, dumps. I said I would never take any more to pass, for they were the same as he gave me.
Q. How long did you stay after this?
Clark. About three weeks; I would not carry a shilling to pass, and they turned me out. My old master beat me. This young man was guarded out by my master with a drawn sword. He turned me out at half an hour after twelve at night.
Q. Where did you go to after that?
Clark. To one Mrs. Boucher's, an acquaintance of theirs. I live with one Mr. Clift now; I have lived there two months.
Q. Clift and your master have had some law-suits together I believe?
Clark. That is nothing to me, If I had not been with Mr. Clift they would not have served me with a copy of a writ, because I said a relation of my master's had taken bad money to pass.
Q. Mr. Clift had some dispute with Mr. Byerman, I believe?
Clark. I believe they had; I knew Mr. Clift before I went to Mr. Byerman's. Mr. Clift gave me warning upon that affair. I have three masters here that I lived with. It was the lawyer I carried the copy of the writ to, who insisted upon my going to the sollicitor of the Tower.
Q. Look at that piece of money ( shewing her a piece of foreign coin.) Do you think that was one of the fifty-three?
Clark. I am sure it is not; they offered me 200 l. to go abroad; if they can hurt me they will. I know that is not one of the shillings.
Isabella Walker. I lived with Mr. Byerman, the first day that ever I caught him doing any thing, he asked me to beat some quick silver and brick dust together. He put the quick silver into the mortar, and I beat it up with the brick dust; it mixed together; he took his buckles out of his shoes and cleaned them; he would not let me stay in the room, but bid me go up to make his bed; when I came down with the pot I saw him at the sink, rubbing something upon a shilling, between his finger and thumb, he said he took these bad shillings upon a journey, and as he had taken them he should get them off; there was some money laid down upon the dresser, and I think one of, the bad shillings lay upon the drawers. I went with one of these shillings to buy some rabbits, the prisoner and his mother were there upon St. Thomas's day; it was I think Friday, and bought a rabbit, the gentleman never disputed them, and I wondered why I should; after that time I thought they were not bad; but upon Christmas day in the morning the because cupboard door was left open, there was a large saucer quite full of this bad money; they had heads upon one side, and nothing at all upon the other. I thought directly they were some of the same shillings I had seen in the window; at Christmas day at night my master and mistress used me very ill, my young master was there at the same time, and told me not to take any notice of what I had heard or seen, for it was not his fault, and desired I would not say any thing about him. I came away in the morning; I locked the door and put the key under it; and went away and never came again for my wages; that time and Christmas day was the only time I ever saw them, that was the only time I ever saw him rub them. I borrowed three shillings once of the father, and a five and three-pence. I changed the quarter of a guinea, and put the money into my pocket. I looked at it; it was all good, I put it among the other money. I offered a shilling afterwards, the woman said that it was a bad shilling. I went back and told the woman she had given it to me. I went home to my master and told him of it; he said the woman at the chandler's shop had given it me; and he bid me go and break her windows.
Q. You had some quarrels with your master while you was there?
Walker. Only one.
Q. When your master was cleaning his buckles with this stuff, you said he sent you out of the room?
Q. I believe he was in debt, and had his creditors come after him?
Walker. Yes; a vast many.
I was not at home that Ash Wednesday at all; I have nothing more to say; I can prove I was not at home that night.
For the Prisoner.
Q. Not in any business?
Hamiltons No; that lad called on me on Ash Wednesday in the morning about twelve o'clock; I asked him to stay dinner; he said, he could not. He asked me to lend him a crown; I said you are always wanting to borrow money; your father does not know it; I would not lend him any; he went further, where he went I can't tell, and he came back in the evening. He came about six o'clock, and laid an hour.
Q. This was Ash Wednesday?
Q. Why, do you recollect that?
Hamilton. I had salt fish for dinner; we have it always twice a week in Lent; therefore I remember it, that was the first day in Lent.
Q. Are you sure that was the hour?
Hamilton. I cannot say exact that time; it was near about that time; I have been often at their house, I never saw such a thing, nor believed such a thing, nor do I believe they are capable of it.
Q. How far is it from Hoxton to where you live?
Hamilton. A great way.
Q. Is she a married woman, or a single woman?
Osborn. She has a husband.
Q. What has been her general character during that time?
Osborn. She has lived backwards and forwards, in places and out of places, several times. I never knew her live long in a place.
Q. Is she a creditable person, to be believed as a witness, upon her oath?
Osborn. I do not think she is; I have known her six years.
Q. Why, do you not think she is to be believed upon her oath?
Osborn. Because, if any person offends her she would not scruple any thing. When her brother offended her, she told me she would swear sodomy against him, and I persuaded her not.
Q. Was that the time she told you?
Osborn. She told me two or three times.
Q. At a time when her brother had not offended her?
Osborn. Yes; and when her brother and she quarrelled, she would swear, by God, she would do it.
Q. But did she do it?
Lawrence. Yes; I have known her between three and four years.
Q. What character does she bear?
Lawrence. A very bad one.
Q. Do you think she is fit to be believed on her oath?
Lawrence. I know her to be a very bad woman for fighting, scratching, blaspheming and taking a false oath.
Q. Is she a married woman?
Lawrence. She is.
Q. Do you know of her going by any other name?
Q. Did you ever know her take an oath at all?
Lawrence. I saw her take three false oaths last boxing day in the morning, at the justices at Bethnal Green, she swore first of all that I bit her, and that Elizabeth Green bit her, who never touched her.
Q. How do you know that?
Lawrence. I saw her never strike her, she beat us both.
Q. Did you resist or not?
Lawrence. No; we took it quietly from her.
Lawrence. She swore her husband beat her, and he never touched her.
Mr. Peregrine Phillips . I know Sarah Clark : about four years ago Mr. Girdler told me that there was a woman at the point of death, and had lain in of a dead child, owing to some assault she had received from some pawnbroker; he desired me to go with him to take down her deposition in writing. I went, she laid very bad, and groaning with her back towards us; I took down the information from her, under the direction of the magistrate, and she swore to it under the name of Sarah Rich . They offered bail, I ventured to tell Mr. Girdler my opinion, that it would be dangerous, as it might in a few hours not be a bailable offence. In a few hours William Clark came to me and told me, that this woman had been his wife twelve or thirteen years.
Q. When was the house searched?
Clark. A month after she made the first application.
James Dennis . I served the writ upon her about an action being brought by one Mr. Brase. She flew into a passion and said she knew Byerman's life was in her hands for coining money. I said, young woman be very careful.
Q. What is that man?
Dennis. A relation to Mr. Byerman.
Henry Clements . I keep Hoxton Town Coffee-house. I have known the prisoner four or five years. I never heard any bad character of him. I dealt with him, I never took any bad money of him, to my knowledge.
Q. Had you any bad money ever offered to you by them?
Clements. Not that I know of.
Q. What character does he bear?
Powell. I never heard any harm of him; he paid me honestly when I came away.
Q. When did you quit his service?
Powell. About six months ago; not quite six months ago.
Q. Who succeeded you?
Powell. A little young woman that applied here.
Q. Do you know Mr. Byerman?
Q. What character has he?
Bell. A very good one.
Q. Had you any dealings with him?
Bell. Yes; I have taken four or five pounds at a time of him; I never took any bad money of him, nor saw any.
Samuel Stiff . I am a butcher; I live at Hoxton Town; I have known the prisoner eight or ten years; I have had dealings with the family fourteen or fifteen months; I never took any bad money of them to my knowledge.
- Hume. I am a cheesemonger in Shoreditch; I served the prisoner with butter and cheese; I never heard any thing bad of the prisoner; nor never took any bad money of him to my knowledge.
Q. Do you think that silver could be melted in an iron ladle?
Clarke. That is a matter of doubt.
Q. What do you think of tutenage?
Clarke. I can't tell: I don't think it could be melted in an iron ladle without a furnace.
Q. Is tutenage softer or harder than silver?
Clarke. I rather think it softer; if there is an air furnace it would melt of itself?
Q. Are you sure it would not melt without a furnace, or being blown under?
Q. Would tutenage put into a hot coal fire melt?
Clarke. I should think not; I should think it would not melt without the fire being blown under.
Q. You never heard of this metal being melted in an iron ladle?
Clarke. No; nor any mechanic whatever, I am sure.
Clarke. I cannot say; I think tutenage will not melt without a draught, or blowing under it.
Court. Tutenage is a mixed metal, I think?
Clarke. I believe a substance of itself.
Q. Is it not a sort of copper?
Clarke. They call it white copper.
Q. What do you think of this coin that has been produced?
Clarke. It appears to be silver alloyed with copper.
Q. Do you know where he was on Ash Wednesday?
Burn. I cannot say; I was at Mr. Byerman's to spend the evening; he was not there: I went there a little after, and staid there all the evening: I asked for him, and he was gone out. I was in the parlour and the kitchen; Mrs. Byerman was in the parlour.
Q. Was old Mrs. Byaman at home?
Burn. No when I first went.
Q. What time did she come home?
Burn. Some time in the evening; I cannot tell exactly what time.
Q. How came you to recollect the day?
Burn. My child lay dead at the time.
Q. Was it hurried?
Q. What did you go to pay a visit when your child lay dead?
Burn. Yes; I went there almost every day.
Q. Where did you live?
Burn. A whole week at my mother's.
Q. You did not see him come in, but saw him when he was in the house?
Burn. I was in the parlour when he came in.
Q. Did you hear him come in?
Burn. I saw him come in.
Q. You did not see him come in at?
Q. Did you hear him knock at the door?
Burn. No; I heard the bell ring.
Q. Was that before dinner, or after?
Burn. After; I was in the house before dinner: I went to dine with my mother, at the next door; they asked me to stay dinner.
Burn. Mrs. Byerman herself.
Q. You said they?
Burn. It was Mrs. Byerman. I went in, between twelve and one, and she asked me to dine. I went home and dined, and came in again about two. My child died the tenth of February. I had been a week before at my mother's.
Q. When did you see him come home?
Burn. Between nine and ten at night.
Q. He was not at home from that time?
Burn. No; I asked his mother for him; she said he was not at home.
346. (M.) Ann the wife of William Beeve was indicted for stealing one diaper table cloth, value 2 s. one muslin apron, value 3 s. one muslin double handkerchief, value 2 s. and one muslin single handkerchief, value 1 s. the property of Ann Matthews , spinster ; and two pair of black worsted stockings, value 1 s. the property of Hannah Denbigh , spinster , April 16 .
Hannah Denbigh . I lived with Miss Matthews, when she removed from Hyde street, Bloomsbury, to Bloomsbury square, the third of April. I went to Jane Dell to enquire for something we had lost; the prisoner had on a handkerchief that belonged to Miss Matthews, and she produced a handkerchief to me that night to match Miss Matthews's. (The handkerchief produced.) I can swear that this is Miss Matthews's; here is the fellow to it that came of the same piece; she said she bought it, and her cousin had the fellow to it. The justice asked her if she had any thing to say for herself; she said she had nothing to say for herself; we missed an apron we never found.
Q. Did you ever hear what become of it?
Denbigh. Yes; the prisoner when I said I would take out a search warrant said, I was rath. She pulled out the table cloth from under Jane Denbigh ; the diaper table cloth, which is here (producing it.) She says she
- Dewsnap. They brought me a warrant to apprehend her, but it was too late at night; she was not in the house. Jane Denbigh had a search warrant, and they searched the house and found the diaper table cloth; there was no mark on it; but Jane said she knew it, and would swear to it.
Mary Denbigh . I went to the lodgings of this woman, when the things were missing; the prisoner had the handkerchief; she was in her own room, there was a single handkerchief found in the bag; the prosecutrix went away and fetched a fellow to the single handkerchief; and to the double one. The prisoner said, she believed they were not her own, but she brought them away in a mistake; the great table cloth was found. I was not there.
I am as innocent as a child unborn; I know nothing of it: I have wore such linen as that handkerchief. I have no more of these handkerchiefs.
For the Prisoner.
Martha Watts . I was called by one of the Denbighs, to see the table cloth; she was not in the room, she was gone out before the table cloth was found. I lived in the house; the prisoner was not in the room at that time. I am certain I never spoke to the prisoner about it; I never saw the handkerchiefs; these are no better then what servants now wear. They told her husband that she had a child before she was married to him; they came to the room, it was after that they called me to see the things; she was recommended to me as a very sober person; there were things she might have taken from me, if she had been a bad person.
John Berry . The prisoner was servant with me. I live in James-street, Grosvenor square. I am a painter. The prisoner lived with me and behaved very well; she lived about a year with me; it is about a year ago; I trusted her with the keys of all the draws in the house.
Samuel Linley . I have known the prisoner at the bar four or five years; she lived next door to me; she was reckoned a very honest, sober girl, as ever could be. I could have recommended her to any house.
Tahitha Gayer. I have known her them her childhood; she has always had a good character; she was with me twice. I trusted her with every thing I had.
Guilty . T .
Joseph Carr . I keep a bookseller's shop , and have a stall at my window in Oxford Road . I saw the prisoner on the 23 d. f April take two books from my stall: I pursued him immediately, and took these two volumes from under his coat (producing them). He had got four or five yards from the stall.
I only took the books up to look at them, I did not intend to steal them.
Guilty , T .
348, 349. (M.) Martin Thompson and Patty Thompson , his wife , were indicted for stealing one pair of linen sheets, value 3 s. the property of Matthew Kenny , being in a certain lodging room let to them by contract , April 22 . ||
William Kenny . I let a lodging to the prisoners. I found her with a key in my room, which made me suspect her: I took her up before the justice; she said she had carried the sheets I lett them, and pawn'd them.
Patry Thompson's Defence.
I apprehended that while I continued to pay my rent I might pawn them. I intended to take them out again.
Patty Thompson, Guilty B .
Both Guilty , T .
Hannah Harris . I am wife to David Harris . I live in Nottingham-court, Castle-street . The prisoner came to lodge with me at a shilling a week; he lodged four nights, when he went away I missed the sheets. He had not the room to himself, but had a bedfellow to lie with him; the bedfellow went out that morning, and the sheets were safe after he was gone. The prisoner was getting up, when I saw the sheets safe; I bid him lock the door, and bring the key down; he threw the key to me, instead of giving it me: as he went away, I went up suspecting something not right; I opened the door, and missed the sheets. The prisoner was taken a month after; before the justice, he told where he had pawned the sheets; they appeared to be pawned by him the twenty-eighth of March, at Mr. Peer's, in Chapel-street, Soho. I cannot swear positively to them. I believe they are mine; I think I can speak to the work.
I was under distress. I have a wife and five children. I am a labouring man out of place. I did it through distress: I meant to carry back the sheets.
Gulity . T .
351. (M.) Susanna Lunn was indicted for stealing two pillows, value 2 s. two pillow cases, value 6 d. one bolster, value 2 s. two blankets, value 2 s. two green harrateen curtains, value 5 s. one linen sheet, value 2 s. one looking-glass, value 2 s. one flat iron, value 6 d. one brass candlestick, value 6 d. one copper saucepan, value 2 s. and thirty pounds weight of feathers, value 20 s. the property of William Shaw , being in a certain lodging room let to her by contract by the said William Shaw .
It appeared upon the evidence that there was an error in the indictment, that the lodging was let, not to the prisoner, but to her husband, therefore she was
352. (M.) William Cox was indicted for feloniously breaking and entering the dwelling house of William Kidwell , on the twenty-third of April , about the hour of five in the afternoon, and stealing eight muslin neck-cloaths, value 16 s. two muslin aprons, value 20 s. three pair of linen shift sleeves value 3 s. one dimity robe value 5 s. one dimity peticoat, value 3 s. and five muslin double handkerchiefs, the property of William Kidwell in his dwelling house . Another count charges himWilliam Kidwell . ++
See him twice tried No. 599, and No. 612, Alderman Trecothick's, and once, No. 203, in the present mayoralty;
John Odel . I met the prisoner early in the morning with a bag; I thought it suspicious, I stopped him; he said it was some victuals his brother had given him, some fowls and meat: I found it so, and also this saddle and saddle-cloth (producing them.)
Henry Greyham . I know the saddle and saddle-cloth; they are the property of my master, Mr. Park. On Friday night I had a saddle-cloth, and used it upon a mare of my master's, and locked it up; about seven o'clock I missed them. On Saturday and on Monday I saw them at the justices; there I knew them very well. The prisoner when charged with stealing them, said, as he was going along the road early in the morning he found them.
I have no friends; they have attended some days, but are not here now. I found these things upon the road.
Guilty T .
355. (M.) William Chesterfield , otherwise Thomas Shepherd was indicted for stealing one silver watch, value 30 s. one steel wire watch chain, value 6 d. one watch hook, value 2 d. one watch key, value 1 d. and one metal seal, value 2 d. the property of Thomas Spours , privately, from the person of the said Thomas , April 18 . ++
Thomas Spours . I am servant to Mr. Oliver. I was going to the play upon Thursday the eighteenth of April; there was a great croud in the passage; it was about twenty minutes before five I had my watch, I looked at it; the doors opened at five; there was a great croud going to the two shilling gallery: I went up: I went to put my hand in my pocket for my handkerchief; I missed that and my watch. I went to Sir John Fielding 's; I gave the number, and had the watch advertised. I was sent for upon Friday; the watch was produced then, which I found to be mine.
William White . On Thursday, the eighteenth of April, about six in the afternoon, the prisoner brought this watch to me, and looking well dressed, like a gentleman, I had no scruple to take it: he pledged it in the name of Thomas Shepherd . He was dressed in a light coloured suit of cloaths with his own hair, or a wig tied behind, and a plain hat, with a gold band. When I first saw the prisoner at the justices, the moment he came into the room, I said, That is the man.
I can prove I was elsewhere at the time. I did not pledge the watch.
For the Prisoner.
Elizabeth Diggins . I live in Horse-shoe alley, in Moorfields. I work for the haberdashers and milliners. My uncle buys what work I do of me. I have known the prisoner twelve years; he was apprentice to a plaisterer and painter.
Q. How long has he been out of his time?
Diggins. I do not know; I have not seen him these eight years till last Wednesday was a week; and then I saw him in Grays-inn lane, Holborn.
Q. How was he dressed?
Diggins. In a blue coat, and striped, waistcoat.
Q. What time?
Diggins. In the afternoon, about three o'clock.
Q. What sort of a hat?
Diggins. A plain black hat.
Q. A wig, or his own hair?
Diggins. A two curled wig: I had not seen him almost eight years before: He saw me home to my own house that evening: he was with me from three till eight o'clock. I went to a public house with him in Grays-inn lane; I do not know the sign. We went into the Red-Lion in Moorfields before I went home; we staid there about an hour.
Diggins. I believe, about six or seven o'clock; he went home with me that night. I was to meet him next day at Bethnal-green, at one o'clock; I did not go there till two; we staid there half an hour: from there we came down to Mrs. Reynold's house in Baldwin's-garden.
Q. Who is she?
Diggins. A woman that has washed for me some time: I went there to dine; as I did not choose to dine in a public house. We staid there from four till ten at night; then he saw me home. At about seven o'clock we drank tea: she fetched some salmon for dinner. I parted with him at eleven. I never saw him from that time till I saw him in Tothill-fields bridewell, when he sent me a letter; that was on Thursday or Friday.
Q. Is this man a relation of yours?
Diggins. Not at all.
Q. How old is he?
Diggins. He may be about thirty.
Q. You had not seen him eight years?
Q. You grew wonderfully loving all of a sudden; you was extremely delicate, after having been at a public house with this man three hours, you was so delicate as to go to this washerwoman's to dinner?
Diggins. I could make free there.
Court. This is a very critical circumstance in this man's case.
Diggins. I am sorry I met with him.
Court. It is a strange account; you spent fourteen hours in two days with a man you had not seen for eight years; it is not very much to your credit.
Diggins. I am a woman of credit; I am a married woman.
Q. Do you know Diggins?
Reynolds. Yes; I have known her five years.
Q. Perhaps then you know what she is?
Reynolds. Married; she has a certificate in her pocket.
Q. What is her husband?
Reynolds. I do not know; I never saw him.
Q. Do you know the prisoner?
Reynolds. I never saw him but once in my life.
Q. What day was that?
Reynolds. On Thursday: I think he came in about four o'clock, and went out, I think, about half an hour after nine.
Q. Did he come alone?
Reynolds. No; Mrs. Diggins came along with him.
Q. What was their business at your house?
Reynolds. Their business was this; she said she knew him from a boy, and did not chuse to go into a public house with him: she asked me to let her friend have some dinner: they had pickled salmon first, and afterwards a dish of tea, and were talking about their little tricks when they were children.
Q. She did not chuse to go to a public house with him?
Reynolds. No; I went for the salmon; it was about four when they came in; they had the salmon about five; they talked till about six or seven, and then had a dish of tea: they departed from that room about half after nine.
Q. Did you sit to hear them talk all the time?
Reynolds. I was at work in my room all the time.
Prisoner. My lord, please to ask if I was out of the room from four till half after nine.
Q. Do you recollect how Mr. Chester-field was dressed?
Reynolds. In the very cloaths he is in now.
Prisoner. Please to ask her if she can remember sewing a button upon my coat about five o'clock.
Reynolds. A button dropped off, and we sewed it upon that coat.
Q. So you know nothing of this Mrs. Diggins?
Reynolds. No; I know she is a married woman.
Q. Do you know any relations she has?
Reynolds. She has one in King-street, another in Bethnal-green.
Q. Why, they met in Bethnal-green that day?
Reynolds. I do not know.
Q. How far is it from Bethnal-green to Baldwin's gardens?
Reynolds. Three or four miles.
Reynolds. Not till the next day, which was Friday.
Q. Did you hear it so soon as Friday?
Reynolds. Yes; Friday, I think it was Friday, or Saturday.
Q. Who told you of it?
Reynolds. I think Mrs. Diggins herself.
Q. What did she tell you?
Q. You cannot recollect whether it was Friday or Saturday?
Q. What acquaintance have you with Mrs. Diggins?
Lucas. She is an intimate acquaintance of mine, she lodges with me.
Q. How do you remember it was that day more particularly than any other day?
Lucas. I think it was upon Tuesday.
Q. Perhaps it was upon Wednesday?
Lucas. You know best.
Q. How came you to have the curiosity to know it was that day that Mr. Diggins brought this man to you?
Lucas. They eat a bit of victuals and drank tea.
Q. Why do you say it was the eighteenth?
Lucas. I can affirm it. I have it down in a book.
Q. Where is the book?
Lucas. (Fumbles in her pocket a long time.) It was a bit of paper I wrote it down on.
Q. I want that paper?
Lucas. I can swear it was the eighteenth of April. I am a woman of character, and my oath will go as far as this. I will say the young man was with me that day.
Court. A great deal depends upon this paper. I want to see it?
Lucas. I have lost it. It was the eighteenth upon my oath.
Q. When did you first hear any more about it?
Lucas: Mrs. Diggins brought this young fellow up to drink tea.
Court. That is not the question; I ask you when you first heard of his being in trouble?
Lucas. Two or three days afterwards, Mrs. Diggins told me of it; he had the same cloaths and wig, and every thing on as he has now.
Q. What is Mrs. Diggins's business?
Lucas. She has friends as well as me; she makes flowers, or some such thing.
Q. What for the milliners?
Q. She has a husband I suppose?
Lucas. Yes; he is gone to sea.
Q. Does he work at his trade?
Cox. I have seen him at work at his trade.
Q. How lately, and where?
Cox. In Red Lyon-street, about two months ago.
Q. Do you know Mrs. Diggins?
Q. What trade are you?
Cox. I live with Mr. Hawkins, a surgeon, in Aldersgate-street.
- Philips. I have known him three or four years; he is a painter.
Q. Does he follow his trade?
Philips. He did, he worked for himself in Barge-yard; six or seven months ago.
Q. What character has he bore?
Philips. I never heard any thing bad of him.
See him tried for stealing a watch, No. 148, in the present Mayoralty.
Francis Norris was indicted for stealing six quartern loaves, value 3 s. 6 d. the property of Aaron Butler , May 4 . ||
- Brotherton. I carried out this bread. I missed six loaves out of my basket; soon after I missed them, a man came out of the Red Lion Inn, and told me he suspected a man in the house had stolen the loaves. I saw the prisoner come out of the house and run away. I ran after him and overtook him; the loaves were not with him; but were left in the house.
Thomas Cawthorn . I saw a man he said he tumbled down; I thought it was so, but I now believe it was the loaves. He said he had hurt his head; it was dark. Upon an alarm of somebody coming to take him he recovered and ran away.
Prisoner's Defence .
A man at the door gave me these loaves; that man was to meet me afterwards in Baldwin's gardens.
Guilty , T .
360. (M.) Thomas Thomas was indicted for stealing two yards and a half of broad cloth, value 46 s. one hat, value 10 s. one linen shirt, value 10 s. and one pair of thread stockings, value 2 s. the property of Henry Lewis , July 30, 1769 . ++
Henry Lewis . I am a taylor , and live in St. Luke's Place. I lived in the Minories when I lost the things mentioned in the indictment; which is now almost two years ago: the prisoner lay with me. I left him one morning in bed, and went to work; when I came home at night the things were gone out of my box, which was broke open; the lid was split and the hinges burst open. I never saw the prisoner again till last Sunday night but one; he then owned that he had taken the things mentioned in the indictment, and had sold them in Rag Fair, and said he hoped I would be favourable.
Elizabeth Bates . The prisoner and the prosecutor lodged together at my house. He gave me the key one morning, and went out with a bundle. He came back again about three o'clock and went up stairs; he came down again and gave me the key and went out. I saw him no more till he was taken up; when Lewis came home from work and went up stairs, he said he was robbed.
I had nothing in the bundle but two shirts of my own; and one pair of stockings. I owed a little money which I could not pay; that was the reason of my going into the country to work.
Guilty . T .
361. (L.) Robert Powell was indicted for that he on the second of October last feloniously and falsely made, forged and counterfeited, and cause and procure to be falsely made forged and counterfeited, and willingly act and assist in the false making forgeing and counterfeiting a certain receipt for money as follows, that is to say,
400 l. East India stock, at 199 1/2, London the second day of October, 1770 .
Received of Mr. Josh. Sykes the sum of seven hundred and ninety eight pounds; being in full for four hundred pounds in the principal stock and principal part of the fund due to the United Company of merchants of England trading to the East Indies this day transferred in the said Company's books, unto the said Josh. Sykes ; T. Barrow: with intention to defraud one Josh. Sykes against the form of the statute in such case made and provided.
The 6th Count for feloniously uttering with intent to defraud the said company.
Q. Do you know the prisoner?
Bicknell. Yes; on Friday the first; I went out about eleven o'clock upon some business, upon my return about a quarter after I went and sat at the bar; I observed the prisoner setting about eight or ten yards from me; he seemed to look directly at me the whole time; he then came forwards and asked me if I had any brokers used my house. I told him I had several; he said he wished I would recommend him to one; he said he had some East India stock to sell; I called Stephen and desired him to call my nephew, Richard Hanbury , which he did. I bid him go either to Jonathan's or Garraway's, and tell Mr. Portis that a gentleman at my house had some India stock to sell. I don't recollect that I was in the way when Mr. Portis came. I saw no more of the transaction till next day; when about one o'clock Mr. Portis came in a hurry, and asked where the gentleman was that I recommended him the day before to sell some India stock for. I then called to the waiters. I do not know the answer they gave him, but Mr. Portis went out immediately towards the East India House; in about half an hour after that the prisoner and Mr. Portis came to my house together.
Q. Did they stay any time?
Bicknell. I can't take upon me to say.
Q. When did you next see the prisoner?
Bicknell. About the middle of February: the prisoner and Mr. Portis came into the coffee house, they were going down the coffee room; Mr. Portis turned short and asked me if I had any idea of that person; I told him I believed he was the person I had sent for him to sell some India stock for. Mr. Portis desired to speak with my nephew Hanbury; I had him called down.
Q. Can you tell what hour he came in?
Bicknell. About a quarter after eleven.
Q. What reason have you to think so?
Bicknell. I had been out of town that morning; the coach comes in about ten o'clock, and I had been but a very little time in town, then I went out for about twenty minutes.
Q. Did you see any thing more of the person that day after Mr. Portis came?
Q. You say the same person came in at one next day?
Q. Have you any particular reason for saying one o'clock?
Bicknell. I am generally about that time in the coffee room.
Q. Have you any particular reason to think it was about one?
Bicknell. When I saw him the waiter told me the stock could not be transfered on Saturday.
Q. Is that the only reason; that might suit one hour as well as the other?
Bicknell. I am generally in the bar from twelve to three. I think it was about half after one.
Q. Was the prisoner dressed when you saw him as he is now?
Bicknell. No; he had a brown coat; he was in boots, and his hair was undressed.
Q. Did he appear in the same dress afterwards?
Bicknell. Yes; the same the day following.
Q. Have you any doubt in your own mind now, whether he is the same person you saw in your coffee house?
Q. Do you know the prisoner?
Q. When did you see him first?
Hanbury. On the first of October. I was called down stairs by my uncle; he said I must fetch a broker for that gentleman; my uncle desired me to fetch Mr. Portis. I went to Garraway's and Jonathan's to search for him; I brought him with me; my uncle was not at home when I came back; Mr. Powell was sitting then under the dial. Mr. Portis sat with him some few minutes and conversed with him; then Mr. Portis went out and came in again, and informed Mr. Powell that it was no transfer day at the India House and he could not sell the stock; Mr. Portis appointed to meet him next morning to sell it; the next morning between eleven and twelve o'clock the prisoner came in; Mr. Portis not coming at the time appointed, I went for him; he came with me as before. Mr. Portis went to the India house, as I suppose, by himself; he came in again and Mr. Powell went out with him;
Q. How was he dressed when he came first to your house?
Hanbury. I think, in darkish coloured cloaths, and boots and spurs; when Mr. Portis brought him in he was dressed, his hair was powdered: he was dressed the second day the same as he was the first.
Q. Are you sure he is the man?
Hanbury. I am certain he is.
Q. What day of the week did you first see the prisoner?
Hanbury. Upon a Monday.
Q. Had you never seen him before?
Hanbury. Not that I know of.
Q. What time was it that Monday that you first saw him?
Hanbury. I believe between eleven and twelve.
Q. And did the servant give you directions to fetch Mr. Portis?
Hanbury. No; my uncle gave me directions.
Q. I suppose, as soon as you made your appearance in the coffee-house you was sent immediately, and saw him no more then?
Hanbury. I was in the coffee-house the rest of the time.
Q. How long was it before you returned?
Hanbury. For about five or ten minutes.
Q. How long from the time of your return before Mr. Portis went out again?
Hanbury. Not long; I heard Mr. Portis say it was no transfer day.
Q. I suppose you did not attend to the prisoner particularly?
Hanbury. When Mr. Portis came in the first time he came up to me at the bar, and asked me if I knew him; I looked stedfastly at him and then said I did not; he asked if my uncle did; I said I believed he did not.
Q. It was the practice at your house, I suppose, to fetch Mr. Portis.
Hanbury. I have fetched him before to other people.
Q. And Mr. Portis asked you then if you knew them, I suppose?
Hanbury. No; I never fetched him to a stranger before.
Q. Was your uncle in the room when he came next day?
Hanbury. I cannot tell.
Q. Was there company in the room next day?
Q. During all the time the supposed prisoner was there?
Q. Your house was very much crouded, I suppose?
Hanbury. There were a good many people in the room.
Q. You attended as a waiter?
Q. from the prisoner. I believe that person gave evidence before that he thought I breakfasted at the coffee-house that morning?
Hanbury. Yes, he did the first day he came.
Q. from the prisoner. Did I breakfast before or after the broker came?
Hanbury. At breakfast before the broker was ordered to be fetched. I came down before the breakfast was over; the things were before him.
Q. You say he staid a quarter of an hour after the money was paid in the coffee-room?
Q. He did not seem in a hurry?
Hanbury. Not the least in a hurry.Richard Hanbury for Mr. Portis; the prisoner went and set down again; presently after, Mr. Portis and Richard Hanbury came in again; Mr. Portis went and spoke to my master; then he went and spoke to the prisoner as he sat under the dial: I heard him say it was a day no business was done at the India house, and desired him to come next day between twelve and one o'clock. The prisoner staid about ten minutes after Mr. Portis came back: he came the next day between eleven and twelve; he asked if Mr. Portis had been there; I said, No: the prisoner desired Mr. Portis to be sent for: I called Richard Hanbury down stairs; he went for him; Mr. Portis came; in about ten minutes Mr. Portis and the prisoner went out together: Mr. Portis came back, and asked if the gentleman had been there; I told him, No; soon after Mr. Portis and he came back together.
Q. How long did he stay?
Read. Mr. Portis first came back by himself, then afterwards the prisoner came back. I asked him if he had seen the broker; he said he had: in about half an hour Mr. Portis came in to me. I saw some money paid; I was standing by at the same time.
Q. How long after the money was paid did the prisoner stay?
Read. About ten minutes. When he went out he gave me six-pence.
Q. Can you tell what time he went out?
Read. About half an hour after one.
Q. When did you see him again?
Read. When he was brought in by Mr. Portis; they each called for a doctor. I went to my master, and said, Sir, I am certain I know that gentleman; he is the person that went with Mr. Portis to the East India house.
Q. How came you to say to your master that was the man? what reason had you to say that?
Read. There had been an advertisement in the papers about it.
Q. Had Mr. Portis been to your coffee-house to make enquiry after that person that had been with Mr. Portis?
Read. Yes: several times.
Q. What time did he come at the first time?
Read. About half after eleven.
Q. Was your master at home then?
Read. Yes, when he first came in.
Q. What time did he go away?
Read. A little after twelve.
Q. What time did he come in on Wednesday?
Read. About the same time.
Q. What time did he go away?
Read. He went out with Mr. Portis about twelve?
Q. I believe there was a very considerable reward offered upon the occasion?
Read. I cannot recollect.
Q. How much, Sir, upon your oath?
Read. Two hundred pounds.
Prisoner's Council. My Lord, I beg Mr. Portis may be sworn to answer (he is sworn to truly answer such question as the Court should demand of him.
Prisoner's Council. Are you a broker?
Q. Has not there been an action brought against you by the India company?
Q. No action by the India company?
Q. Do you know who was at the expence of that writ?
Portis. I do not know; I understand the India company meant to defray the expence of it.
Q. Do you know for what purpose the action was brought against you?
Portis. In order to try whether I, as a broker, and a subscribing witness to the transaction, was liable to make good the stock transferred.
Q. I believe it has been intimated to you that if this man is convicted that action is not to go on?
Portis. I have heard nothing about that; but I understand that the action is not to go on; I have not, indeed, had it from the India company, or the attorney. I heard somebody saying, in a cursory way, that they supposed there would be no more of it; but I heard nothing of it in a regular way.
Portis. I cannot tell; I gave it into the hands of my attorney; I have heard no more of it.
Q. When was you served with the writ?
Portis. Last term I believe?
Q. Do you mean last Easter term?
Portis. I think so.
Q. Have you had any conversation with any agents of the East India company?
Portis. Not respecting the action.
Q. Had you some intimations that this action is intended to be dropt?
Portis. Not from the company.
Q. You have, I suppose, from somebody?
Portis. I met Mr. Rous, the director, one day, and he said, that as I had took the man, he supposed I should have no more trouble.
Court. Sware him in chief.
(He is sworn to give evidence.)
Q. When did you first see the prisoner?
Portis. On Monday the 1st of October. Richard Hanbury came to me on Monday, between the hours of twelve and one, near one, and told me a gentleman at their house wanted me to sell some stock for him. I went to the bar, he pointed to the box, and said, That is the gentleman wants you. I went up to him, and asked him what his commands were; he said he wanted to sell 400 l, India stock; I turned round to Hanbury, and asked him, Who recommended the gentleman to me? he told me his uncle; his uncle, I observed, was not in the bar; I asked him where he was; he said, he was gone out; I went up to the prisoner, and asked him his name; he told me his name was, Taylor Barrow ; I then recollected that it was not transfer-day for India stock; I told him if he would call again about the same time on the morrow I would do his business for him.
Q. Are you sure you said that directly to him?
Portis. I don't recollect my going out of the coffee house: I might have gone out, but I do not recollect it. The next day, Tuesday 2d of October, Hanbury came to me as before, and told me the same person was at their house waiting for me. I then came to Bicknel's coffee-house, and it was then a little after twelve o'clock. When I came to him in the box, I desired his name, and where he lived, that I might put his name upon a slip of paper, to give in the ticket for the transfer, to have it ready, when I had sold the stock; he told me then again that his name was Taylor Barrow ; recollecting himself, he put his hand in his pocket, and produced a receipt for 400 l. which he said was the original receipt for the stock: that transfer was signed in May, in the name of Louis Oger or LOger, to the best of my knowledge: then we went up to the India house together. When we came to the transfer office in the India house, I desired him to sit down, pointing to a vacant chair near the fire place. I desired him to sit for a minute, I would go in where the crowd were; where they were upon business, and would sell the stock. I met with Mr. Cotton, who wanted to buy 400 l. India stock; I sold it to him at 199 l half. He then gave me the name of his principal, Joseph Sykes ; I put it upon the paper. Then I carried the ticket, in which the name of Taylor Barrow and Sykes were, to the clerk o f the transfer, and delivered it in. Mr. Cotton applied once or twice before one o'clock, to know if the transfer was ready; this was about half an hour after twelve o'clock, as his principal was waiting to accept the stock, and pay for it. I went up to the books, and asked the clerks if such a transfer was ready; they said, no, but it should be forwarded. Mr. Cotton was impatient to have it done: I went up, and got it done about one o'clock. When it was ready I went to the place where I left the prisoner; he was gone. I went up to Mr. Cotton, and said, I supposed he would return immediately. We staid a few minutes; Mr. Cotton was impatient, and said if he did not come in soon he must buy the stock in upon me (referring to a particular custom.) I said to Mr. Cotton I never saw the person before; I requested him to stay. I went to the coffee house to look for him; I did not find him there, but found him in the street in Cornhill, going towards the India house. I told him of the delay he had occasioned; he said he did not think the transfer would have been so soon ready. I went on before him; he came in after me. When we came up to the books, I desired him to give me the old receipt; he pulled out a number of papers, and seemed to be in a little confusion, at last he pick'd it out from among the papers; I then filled up a receipt, which I saw the prisoner sign in the name of
Q. What did you or the prisoner do upon the receipt being signed?
Portis. It was given to the clerk of the transfer to compare with the original acceptance in the book.
Q. Did it resemble it?
Portis. Yes, very much. The clerk returned it to me, and mentioned that the hand writing was the same. The prisoner came up, and signed the transfer in the books. After the receipt was witnessed, Mr. Donaldson gave it me; I gave it Mr. Cotton, and said I would go to his office for it. I desired the prisoner to go to Bicknel's, and wait; and I would bring him the money as soon as I got it. I went to Jonathan's coffee house, having some little business to transact; then I went to Cotton's: I received a draught upon their bankers for 700 l. I also received one note of 50 l. one of 40 l. and 8 l. in money. I went with the notes and money in my hand to Bicknel's coffee-house; this was more than half an hour after one. I then paid the prisoner the money, deducting for the transfer 12 s. and 10 s. for my commission.
Q. Do you recollect the dress of the prisoner the first day you saw him?
Portis. He was in a mixed colour, a sort of drab colour.
Q. Dark or light?
Portis. Rather a dark; he had his boots and buckskin breeches on; no powder in his hair; and the fore flap of his hat down.
Q. How was he dressed the next day?
Portis. The same dress.
Q. How long was it afterwards before you saw him again?
Portis. The first time was on Monday the 18th of February; I was crossing the lower end of Lombard street, near the Mansion house; and met him dressed in morning, much as he is now.
Q. Had the fraud been discovered before this time?
Portis. Yes; in February, I think. The moment I saw him I knew him.
Q. Had you made any efforts to find the man out?
Portis. Yes; I had been down to Gloucester, and also almost as far as the Devizes, to see some persons that were suspected. I went up close to him, and look'd at him five or six times, from the end of Lombard street almost to the end of Nicholas lane. He kept his face toward the wall; he never once turned his face toward me from the moment I first saw him: just at the end of Nicholas lane I put my arm through his as he was walking, and just stopt him: I said, Sir, I beg your pardon, I have something to say to you, he turned round and looked at me, and said, Sir, I don't know you, you have the advantage of me; I said, It is very strange, it I don't know you. I told him I had some particular business with him which I wanted to communicate; he wanted to know my business, he was in a hurry he said; I requested him to go with me to a coffee-house; after some time desiring me to inform him of the business there, he said he would go with me to a coffee-house; I said we would cross over to Bicknel's coffee-house; upon that he seemed to shrink a little, and said, Why Bicknel's? there are other coffee-houses nearer than Bicknel's. I said, I knew none nearer, and I was going there, and requested him to go with me; I kept walking with him in that manner till I got him under the gate-way of George-yard; then he said my business was so strange he did not understand it; and did not know why he should go with me; he said, Sir, What would you think for a person to accost you so strangely that you never saw? I said, I should suppose he had some business with me; and I would not be against going to a coffee-house with any man; we went on to Bicknel's coffee-house door; then he went in before me; he went and sat down opposite the bar in a box; I went up in some little time, and asked Mr. Bicknel if he knew that gentleman that was come in with me; he looked at him, and answered immediately, and said, Yes, Sir, it is the person who committed the forgery. I then asked him where Dick was; meaning Richard Hanbury ; he said, Dressing himself; I desired him to be called immediately; he was some time a coming; the prisoner put many questions the while, endeavouring to persuade me he did not know me. Hanbury came up to the box, I said, Do you know this gentleman in the box? he said, Yes, perfectly well; the prisoner then asked what my business was; I said, I brought him there as the person that committed the forgery on the 2d of October; the prisoner proposed to send for somebody that knew him; he said he kept cash at Mr. Staples's; and that if I would goRichard Hanbury and sent him for a constable.
Q. I understand from the manner in which you have given your evidence, you are very positive to the identity of the person, that the prisoner is the person that committed this forgery?
Portis. Yes, positive.
Q. Who was the magistrate you carried him before?
Portis. Mr. Shakespear, he was sitting alderman.
Q. Before Mr. Shakespear, did not you hesitate and seem uncertain?
Portis. Not to my knowledge; I never had any doubt of the person.
Q. Upon this receipt here is the figures com. and casting up, 798, 10.
Portis. It is not my figures nor writing.
Q. Was it upon the receipt when the prisoner signed it?
Portis. It was not.
Q. Did not the prisoner propose to go to Lloyd's with you?
Portis. I don't know but he might; he proposed any other than Bicknel's.
Q. In fact there are some nearer?
Portis. I believe there are.
Q. When he observed it was a strange manner in which you addressed him, did not you say it was an odd circumstance, and that he was very much like the gentleman?
Portis. I said it was odd, appearances were very often deceitful; that I said to get him along with me to the coffee-house.
Q. Look at the receipt, do you see the figures com. 10?
Cotton. Yes, they were not there then; they are put there since that time.
Q. to Mr. Portis. I take it for granted you furnished the advertisement?
Q. Do you recollect whether the person who has done this fact was described as a slim man?
Portis. I mentioned a light made man, but it was put in as a slim man afterwards.
( The advertisement read which describes him to be a man of slim stature.
Q. Was not your description slim in stature?
Portis. It was taken from me by Mr. Thompson; that phrase in the advertisement struck me, for I said he was rather a light made man.
Q. He wore powder when you saw him in Cornhill?
Portis. No, neither the first, nor second of October; he did when I took him up.
Q. Do you recollect the transactions?
Donaldson. I do.
Q. Who was the broker in it?
Donaldson. Mr. Portis; I can't say that I know the person of the prisoner; I remember he was in a flapt hat, and I think brownish coloured coat; he had a pair of boots remarkably clean, and a pair of spurs on; and I think, to the best of my remembrance, a pair of leather breeches.
Q. It was the person that came with Mr. Portis that signed the receipt.
Donaldson. Yes, it was I that witnessed it.
James Merry . I was a clerk in the India House at the time; if I had never seen the prisoner from that time till now I should not have had the least doubt but he is the person that committed the forgery; the difference is so great in his dress that I cannot swear positive. I have been upon the account of the company at divers informations concerning different persons, but if I had met him upon any of them I should have apprehended him as believing him to be the person, but I will not swear to him. I did not see the transfer signed.
Q. You was then a clerk in the house?
Merry. Yes; the occasion I had to take notice of him was very trifling.
- Lambert. I wrote the word com. which signifies commission, and wrote ten shillings, and added that to 798 l. which made it 798 l. 10 s.
I trust to the Justice I shall meet with in this Court and my evidence that will be pleased to appear in my behalf to prove where and what
For the Prisoner.
Rice Williams. I live in London. I am a labouring man.
Q. Where did you live in the month of October.
Williams. I was servant to Mr. Powell; a waggoner.
Q. Do you remember any accident that happened to one of his ervants?
Williams. He was killed with a coach upon Monday the day before Michaelmas-day.
Q. Where was the body carried to?
Williams. To the Green Man at Pottars Bar. I cannot recollect the man's name.
Q. Was it Barkwith?
Q. Do you remember the coroner sitting ?
Q. Do you remember where Mr. Powell was day after this accident?
Williams. I drove him in a carriage of his own, home, from Islington to Edland in Hertfordshire.
Q. In what carriage did you drive him?
Williams. In a coach.
Q. Was any body with him?
Williams. Yes; his brother-in-law and maid servant.
Q. What time did you set out in the morning?
Williams. I cannot tell; he was at Islington at the Angel about half after nine; we staid there a little while, my master told me to take care to be at the burying of the man on Tuesday. I sat off from Islington before ten o'clock, I left Mr. Powell at Islington; he said he would take care of the horses.
Q. Upon Monday, how was he dressed?
Williams. In a sort of a blossom coloured coat, waistcoat, and breeches, like a blotting paper colour.
Q. Did you see Mr. Powell on Tuesday?
Williams. Yes; at about five o'clock in the evening, at Potters Bar; he was dressed the same as he was the day before.
Q. Why did you take such particular notice of his dress?
Williams. I lived with him a year and a half.
Q. Why did you take such particular notice of his dress?
Williams. I generally do.
Q. What dress was he in the Tuesday before?
Williams. I cannot tell.
Q. Why did you take such particular notice?
Williams. Because I never drove him in the carriage before or since.
Q. And it was a blossom colour?
Williams. As far as ever I can say.
Q. Had he any boots on?
Williams. I can't tell so far.
Q. I should think it would strike you pretty much was a gentleman to ride in a carriage in boots?
Williams. I did not take notice.
Q. Has Mr. Powell any house in town?
Williams. Yes; at No. 26, Dowgate-hill.
Q. Where did he lodge?
Williams. At Mr. Powell's, I believe.
Q. And all the time you was there?
Williams. Yes; he used to come constantly backwards and forwards.
Q. How far is it to Potters Bar?
Williams. About fourteen miles.
Q. I believe the fourteenth mile stone stands at the door; so then you did not see your master till you saw him at Potters Bar upon Tuesday?
Williams. No I did not.
Q. How came he there on Tuesday; in a carriage or how?
Williams. I cannot tell.
Q. What was he dressed in on Tuesday, when he came to Potters Bar?
Williams. The same coat, waistcoat and breeches.
Q. Can you tell whether he had boots on or not?
Q. Nor how he got there?
Williams. I do not know.
Q. Had he appointed to be down at any particular time of the day?
Williams. He did not tell me he would be down, but told me to be sure to be there at one o'clock, and he chided me afterwards for not being there in time to bury him.
Williams. I cannot tell.
Q. When did that happen?
Hopkins. Upon the Friday before Michaelmas day.
Q. Do you recollect where you was on the Monday following?
Hopkins. At Edling: I came up in the post-chaise with Mr. Barrow and Mr. Powell; we came to Islington to the Angel between nine and ten.
Q. Do you remember how Mr. Powell was dressed that day?
Hopkins. To the best of my remembrance, in a blossom coloured suit.
Q. Was that what he usually wore?
Hopkins. Often. I came from Wales on the Saturday before.
Q. Can you tell whether a dark or light suit? was it like this (shewing her a piece of blotting paper.)
Hopkins. I think it was.
Q. Had he the same coloured waistcoat, or breeches?
Hopkins. I did not take particular notice of his breeches.
Q. Had he leather breeches?
Hopkins. I do not know.
Q. Had he boots?
Hopkins. I cannot tell.
Q. What became of you?
Hopkins. I went into the city directly as I got there, and left my master at the Angel.
Q. What time was it when you went from the Angel?
Hopkins. Between nine and ten: I called at Mr. Evans's the mercers, and then went home to Mr. Powell's house.
Q. What time did you get home?
Hopkins. Between eleven and twelve to Mr. Powell's, at Dowgate-hill, I did not see Mr. Powell any more that day, or next day.
Q. Do you remember seeing Mr. Powell on Monday the first of October?
Jones. Yes; about ten o'clock he came into our house.
Q. How long did he stay there?
Jones. About a quarter of an hour.
Q. Did you go with him any where?
Jones. Yes; as far as the corner of Old-street; we were talking about Mr. Powell's man that was kill'd; he went down Aldersgate-street, and told me he was going to Smithfield to enquire something about the coroner.
Q. Do you pretend to speak with certainty as to the day and time?
Jones. Yes; I sought the pots in that day; he was in our house four or five minutes before I came in with the pots; I saw him about ten, half an hour under or over; he called for sixpennyworth of rum and water; I drank with him; I went away directly.
Q. Do you remember Mr. Powell being at your house on Michaclmas-day?
Q. What brought him down to your house?
Backwith. An accident of his man's being run over the night before. I was constable for the parish that year; I had him taken into my house, and the prisoner and another gentleman came and gave orders for the coroner to be sent for.
Q. Do you remember seeing him the Monday after?
Backwith. Yes, in Smithfield.
Q. What time of the day?
Backwith. Between ten and eleven, I believe, but nearer eleven; I am not very positive to a quarter of an hour.
Q. What passed between you?
Backwith. He asked me what day the coroner had fixed for the jury to be summoned, which was next day, Tuesday; I told him two o'clock; he desired me to provide a dinner for them, and he said he would come down if he could: he staid about five minutes with me in Smithfield. I returned to Potters-bar, and did not see him any more that day: he was at my house next day, just after the corpse was gone to be interred, which was
Q. Did any body wait dinner for him that day?
Backwith. Nobody at all. I told the jury he said he would be down to dine with them, if he had nothing material upon his hands.
Q. How far is your house from London?
Backwith. It is fourteen miles and about a quarter to my house.
Q. Was he on horseback, or in a carriage?
Backwith. I cannot say; I only saw him in the house.
Q. Had he boots on, or shoes?
Backwith. I cannot say which.
Q. Do you know Mr. Powell?
Q. Did he come to your house on the first of October?
Hawkins. Yes; on Monday, about twenty minutes or half after twelve.
Q. What did he come about?
Hawkins. About a note, owing to my husband from Mr. Powell; the note had been due sometime; we had not sent to him for the money, and he called to pay it.
Q. How long did he stay with you?
Hawkins. About a quarter of an hour; it was after the men went to dinner; he was just gone before they came back; they go from twelve to one.
Q. You are sure it was that particular day?
Q. That note had been due two or three days before?
Q. Do you know Mr. Powell?
Q. Do you remember seeing him about the time of the accident to his servant?
Parrey. Yes; the Monday after; he said he had some time to spare whilst somebody went to fetch his horse, or mare, from somewhere out of town for him to go to Uxbridge after the coroner.
Q. What was your conversation.
Parrey. Most of it about the accident of the man; he was afraid he said he should loose his horses, or something.
Q. What did he say about the coroner?
Parrey. I understood him he was to go to the coroner at Uxbridge that evening. Mr. Powell said if he could find the coroner, and give him something, it would save his horses; and said he would ride to Uxbridge himself at night. Mr. Powell had not dined; I asked if I should get something; he said no, a Welch-rabbit, or any thing would do; he had one, and stayed with me three hours.
Q. Was he going on horse-back to Uxbridge?
Parrey. Yes; he waited with me till his horse was fetched.
Q. Was he ready dressed? had he boots on?
Parrey. I do not know; I did not take notice.
Q. You do not know whether he came back from Uxbridge next morning?
Parrey. No; I did not see him for months afterwards.
Q. Did you live there the first of October?
Q. Do you know Mr. Powell?
Highmore. I saw him there on Monday the first of October; he had a pair of horses, and a post chaise came in, which were put up there, about nine in the morning. It continued there till Wednesday following.
Q. When did you first see him afterwards?
Highmore. A week or ten days afterwards: perhaps I might see him between, but I don't know; being a stranger, I did not know him at that time; whatever company was in the chaise were got out before I saw the chaise: at that time I did not know Mr. Powell.
Q. Do you know whether you saw him on Tuesday?
Highmore. I cannot say I did; I do not remember.
John Palmer . I drive a post-chaise. I live at the Bull, at St. Alban's now; I lived at the White Lyon, at Kits-End; I took up the prisoner at the Angel inn a little before eleven o'clock; I was driving a return'd chaise.
Palmer. I believe, the second or third of October; I did not take particular notice.
Q. Can you recollect the day of the week?
Palmer. I am not sure whether Tuesday or Wednesday.
Q. What time did you get to Barnet?
Palmer. A little before one, I believe.
Q. You do not pretend to fix the day?
Palmer. I cannot swear to the day.
Q. Do you remember the time his man was killed?
Roberts. On Friday. Mr. Powell was at our house on the Tuesday after, when I was at dinner.
Q. What time?
Roberts. I generally dine about two o'clock. Mr. Powell borrowed the grey horse of my master that day; I brought him to the door; then the horse was put up again, because we were to have some victuals.
Q. Are you sure about the hour of the day?
Roberts. I am not clear to an hour.
Q. But he got a horse of your master?
Q. Which was the way he went?
Roberts. To Potters-bar.
Q. How far is Potters-bar from your house?
Roberts. About three miles?
Q. Who brought that horse back?
Q. Do you remember the prisoner?
Jones. Yes; I brought the grey horse back to Mr. Wilkinson, at the Mitre, that he borrowed.
Q. Can you tell what day of the week that was?
Q. How long after Michaelmas day?
Court. There is no dispute about the time.
Richard Wilkinson, I keep the Mitre at Barnet.
Q. Do you remember lending Mr. Powell a horse on the second of October?
Wilkinson. I cannot charge my memory to any particular day; I have lent him horses at several times: I cannot charge my memory with any thing relating to Mr. Powell of any particular circumstance.
John Roberts . I saw Mr. Powell once at the Mitre at Barnet; I was mentioning something of the unhappy circumstance of the man's being kill'd; Mr. Wilkinson, or somebody, said, Here Mr. Powell is; I just turned my head, and saw him through the window.
Q. Can you tell what day this was?
Roberts. I cannot charge my memory.
Q. You remember that accident happening?
Q. Then it was about that time?
Roberts. Yes, it was.
Q. Can you tell whether it was the day the coroners jury far, or no?
Roberts. I cannot charge my memory.
Q. What time of the day?
Roberts. I think, after dinner.
Council for the prisoner. Now, my lord, we will call witnesses to prove that he has been all along regularly about his business.
Q. Do you know Mr. Powell?
Jennings. Yes; I am acquainted with him; I was with him before he went into Wales.
Jennings. In the beginning of September.
Q. Did you then know of any intention of his to go into Wales?
Jennings. Yes; I had just returned from Wales myself; it was in the first week of September; he said he was going down into Wales; he said he would go in a few weeks; I came from Wales on Saturday; I got to town on Saturday the first of September.
Q. Did you see Mr. Powell in October?
Jennings. No, I did not.
Q. Do you know when he went into Wales?
Evans. I cannot recollect?
Q. What month?
Evans. I don't know.
Q. Do you remember seeing him in London the beginning of October?
Evans. I do not.
Q. How long have you known Mr. Powell?
Evans. Between three and four years.
Q. What was his general character?
Evans. An extraordinary good one.
Q. Did you see him in the month of October?
Hughes. I can't say as to that.
Q. Have you seen him frequently?
Q. How many times in a week?
Hughes. Sometimes not once in a week.
Q. Till he went into Wales was there ever a fortnight passed without your seeing him?
Q. What is his general character?
Hughes. I thought him a strictly honest man.
Q. Did you see him in October last?
Roberts. I can't say.
John Hughes . I farm the poor at Hoxton; I have known him from a child; his character is an exceeding good one; so are all his family. I saw him on Sunday the 7th of October, at Edling, at his own house.
Hugh Hughes . I keep a mercer's shop at Charing Cross; I have known him about twenty-eight years; I would have trusted any sum of money, consistent with a man's own safety, with him, had he wanted it; he was a frugal man; he dealt very justly.
Q. Do you remember seeing him in the month of October?
Hughes. I saw him in August; I cannot say for October.
William Lloyd . I am a woolen draper in Newgate-street, I have known him four years; he has a very good character; I had dealings with him in the wine way; I always looked upon him to be a very honest man; that is his general character.
Thomas Jones . I live in Ratcliffe Highway. I have known him intimately for twelve years; I recommended him to my best friends; I have got credit by recommending him. There is one circumstance. Mr. Barrow is very careless about his papers; I have now an indemnification, under his hand, for a bill of ine that he has lost, that it should never come against me.
Q. from the prisoner. Whether you ever thought I had more money at that time or since that I used to have?
Mr. Watts. No; the sums paid in October, and since, were just the same as usual.
Q. Did you see Mr. Powell in October?
Mr. Watts. I cannot say that; most probably I did: business was done by him in October; he did not come much to our shop.
Q. Do you remember his going to Wales, or being about his business in October?
Mr. Barrow. No.
Q. What is his character?
Q. from the Prisoner. Do you know of my having money at interest last October?
Mr. Barrow. He has money at interest for his wife; he receives the interest during his life.
Q. That is his wife's fortune settled upon her?
Mr. Barrow. Yes.
Q. What time?
Granger. Before he went into Wales.
John Cooke . I bought twelve beasts of Mr. Powell's servant; I complained of one at the time; the servant said if the beast did not turn out well, his master was a gentleman of honour, and would make me amends; it did not turn out well, I complained of it, and he sent me three guineas.
Guilty , Death .
362. (M.) William Marshall was indicted for breaking and entering the dwelling house of Samuel Ayres , on the 3d of January, about the hour of one in the night, and stealing six hats, one cloth coat, one pair of silver shoe buckles, two gold rings, and one silver teaspoon, the property of the said Samuel, in his dwelling house . *
363. (M.) Ann Turvell was indicted for stealing five guineas, two gold rings, value 20 s. two cotton gowns, value 20 s. two pair of stays, and one scarlet cloak , the property of Thomas Carver , April 14 . +
Thomas Carver . The prisoner lived with me as a nurse ; on Saturday, the 13th of April, I had eighteen guineas in my pocket in gold, and six shillings in silver; they were in a little canvas bag in my breeches pocket; it was almost eleven o'clock when I got home; the prisoner was in the other room; there was nobody in the house, besides her, myself, and a little girl; about one o'clock I saw the prisoner in my room; I asked her what business she had there at that time of night; she said she was looking for a pair of stockings; I told her to go to bed; I kept awake till she put the candle out. In the morning, about four o'clock, two of my fellow servants called me up; I went to the door to speak to them; when I came back I saw my breeches pulled from under my head; my little girl was in my bed; I charged the prisoner with it; there was my wife's cloathes under her bed's head, on a little table; I had not seen them before for three months; I seldom went to the box; I found the box locked; I had the key, and my cloathes were in it; the stays were under the foot of the bed where I lay. I went into the yard, there was the bag, and six guineas and three shillings. I asked her if she knew any thing of that; she said she did not; she wanted the keys of my drawer; I opened the drawers and box, where my wife's rings were; they were not in it. I took hold of her hand, and she had the gold rings, and had put two brass ones in the box. She had pawned all my wife's apparel. ( the rings produced.) I found no money upon her.
I never wronged him of any thing in my life. I have not any witnesses here.
Guilty . T .
Thomas Hall was indicted for stealing one pair of silver shoe buckles, value 20 s. and one pair of silver knee buckles, value 8 s. the property of Joachim Dettion , May 13 .
Joachim Dettion . I belong to a Hambrough ship; I am carpenter . I lost a pair of shoe buckles last Monday; a gentleman in company with the prisoner, bid me take them out of my shoes, and lay them on the table; he put them in his hat; it was at an alehouse; I do not know the name of it; it is close to Black Friars Bridge ; there were three men together with me; the prisoner was not the person that put them in the hat, but he ran away with them; he was in company with the man that put them into the hat; I never saw him before then; (the buckles produced) these are my buckles that he ran away with. I ran after him and catched him; we took him to the Poultry Compter. An old woman came and brought my buckles on Tuesday; I gave the buckles to the constable; the old woman ran away.
Prisoner. He put the buckles into the hat himself; he took me to the Poultry Compter, where I was searched.
James Yard. About five o'clock last Monday the keeper of the Compter told me I was wanted; I spoke to the Dutchman; he charged me with that man, I took him into the Compter, and examined him. He said, as he was going along Fleet street, a man asked him if he had any gin to sell; he had none. He went into the Shepherd and Goat, Fleet ditch, the man called for six-pennyworth of rum and water; they talked of selling bullocks; he had got a bag of counters for money; he said that was the man that ran away with the buckles. I could not find them when I searched him; we went to Alderman Nash; the gentleman who helped him never came, then a woman came in; I could not take her as she gave him the buckles while I was not there (the counter money produced) they were in this man's pocket; he said he would swear that was the man that had them; he said they held him instead of letting him run after him.
I am a bricklayer by trade. I have worked in London these three or four years, for several people; the counterfeits I found by Charing Cross last Friday.
Guilty , T .
365. (L.) Joseph Ward was indicted for stealing a wicker basket, value 1 s. ten quartern loaves of weaten bread, value 1 s. 9 d. and three loaves of weaten bread, value 9 d. the property of David Webster , April 29 . +
Thomas Carpenter . I am a servant to Mr. Webster. I pitched my basket at the corner of Stationers Court; I took a three-penny loaf out and went into Warwick-court; when I came back my basket was gone. I ran down Stationers-court, down Ludgate-hill, and into the Old Bailey. I saw the prisoner with my basket; I did not know him before; it had ten quartern loaves, and three-penny ones in it. I laid hold of his coat and desired he would pitch the basket, he did and struck me on the breast, and I fell backwards. I laid hold of the basket and saved the fall; he ran away and I run after him, and cried, stop thief, a gentleman stopped him, he said he was running for a wager; the people told me there was a constable, to whom I gave him in charge.
I took the basket by way of mistake. I thought it was another persons, a young man's in Watling-street, one Mr. Hill. I have not been in work above three weeks since January last. I am a baker by trade. I intended: have gone into the country if I could not have got work.
Guilty , T .
- Litton. I met the prisoner on the 13th of this month, in Thames-street, he appeared to be more bulky than common. I was just by Gally Key Gate-way. I stopt him and examined him; and under his coat I found this tobacco; (producing it ) I found some more in his breeches. I took him to the next house and gave him in charge of an officer; there was six pounds of it; he seemed to be come up from the other gateway; he was busy there all day long; there was many hogsheads there. I had a suspicion, as he seemed to walk as if he was frightened.
- Preston. This gentleman gave him in charge to me. I found some of this tobacco back part of his breeches.
I was coming through the Gate-way and found it loose on the ground; there was no tobacco besides it.
Guilty, 10 d. W .
367. (M.) John Peddington was indicted for stealing one pair of Leather shoes, value 5 s. one pair of stockings, value 4 d. one silk handkerchief, value 4 d. and one cloth waistcoat, value 6 d. the property of Richard Greenfield , April 16 . ++
John Cooper . I live at Hackney . The prisoner was my fellow servant a few weeks, then he was turned away, he lay with me two or three nights. I did not miss any of my things till he was taken up on the 19th of April, then he owned it, it was on the 16th that he left me and took the things; when he was taken I examined my box, it was open; the loop where the bolt of the lock goes through was broke off. I missed a pair of black stockings and a silk handkerchief. I lost my shoes out of the coach when he lay in the hay lost, Greenfield's waistcoat was taken out of the same room. I missed the shoes the next day, before he was taken; I went to the place where he said he sold them all, and I saw some which I thought were mine; he said he opened the box with a bayonet, and took out the things; he said he had sold them to one Mary White in Shoreditch; I asked him for my shoes, he said he had sold them at the same place, but he had not. I never got any of my things again. When we were before Sir John Fielding , the woman was to come again, and she went away and left my box locked.
I am not guilty.
Guilty , T .
368. (M.) Thomas Price was indicted for breaking and entering the dwelling house of Mary Magdalen Moore , spinster , on March 17 , about the hour of two in the night, and stealing one silver soup ladle, four silver tea spoons, two silver salt spoons, one silver ladle, five silver tea spoons, one pair of silver sugar tongs, two other silver table spoons, one silver punch ladle, one pair of ear rings, two pair of paste shoe buckles set in silver, one pair of pearl drops set in gold, and one smelling bottle with a gold top, the property of the said Mary, in her dwelling house . *
Guilty , Death .
The evidence on this trial was the same as on the trial of Isaacs, Haines, and Butler, who were also concerned with him; for whose trial see No. 263, 4, 5. last sessions.
John Macdonald . I am a watchman at Kensington; I met the prisoner in the street; he seemed to be in liquor; I advised him to go into my watch-house to sleep; I found the spoons upon him; he gave several different accounts how he came by them; at last he said, he took them from his master.
(The spoons produced and deposited to, by the prosecutor.)
I have several people to appear to my character.
For the Prisoner.
Ellis Roberts . I have known him four years, he behaved very honest and sober.
Prosecutor. I have heard a good character of him.
Guilty , T .
370, 371, 372, 373. (M.) William Jackson , John Suttle , Charles Callagan , otherwise Ghallagan , and Charles Earles , were indicted for breaking and entering the dwelling house of Peter Renvoize , on the 24th of April , about the hour of eleven in the night, and stealing two silver table spoons, value 12 s. four silver tea spoons, value 6 s. one silver milk pot, value 20 s. one wooden till, value 6 d. six hundred and ninety-six copper half-pence, and six shillings and six-pence in money, numbered, the property of the said Peter, in his dwelling house . +
(The witnesses were examined apart at therequest of the prisoners.)
Peter Renvoize . I live in Church Street, Spitalfields ; I am a baker ; on Wednesday the 24th of April, about twenty minutes before one in the morning, I was called up by Thomas Bearfoot , my servant. I missed a silver milk pot, and two large spoons; I went into my shop, and missed my till, with about thirty or forty shillings worth of half-pence; I believe I locked the till about five minutes before eleven. I saw the milk pot and the spoons over night.
Q. Have you ever found any thing again?
Renvoize. A gardner found the till in the morning; I have seen nothing else since; when I came down, the shutter of the window next the door was taken off the hinges; the watchmen brought it to me. It was fast boltted when I went to bed; the sash was thrown up; I fastened it myself over night; I found this chissel (producing a large ripping chissel) and in the kitchen, upon the table, I found a box and burner. Pollard told me Jackson bought this chissel in Wapping, and that this box belongs to Suttle.
John Greenon . I was coming home this evening, 24th of last month; I saw three men come out of the prosecutor's house, they crossed the way, and came up to me in a minute; it was about half an hour after twelve. the first held a cutlass over me, the second held a pistol to my forehead; he knock'd me down with it, and then shot me in the arm. Jackson was the man that held the cutlass over me, and demanded my money.
Q. Did you or not loose sight of them after coming out of the prosecutor's house to you?
Greenon No; I suppose it was not a minute's time. Jackson asked me what business I had there; another man, Suttle, shot me through the arm. It was a moon light night, very light. I think I know something of Calligan, but I am not quite sure.
Q. from Jackson. Whether he swore before the justice that I was the man that shot him?
Greenon. I did not.
Q. from Suttle. Whether you ever saw me before?
Greenon. No, never.
Suttle. That night was very dark and rainy; I look'd out of my window at night.
Court. The moon did not set till after two o'clock that morning.
Q. How long have you been committed as an evidence?
Pollard. I cannot tell rightly. I had known them about a twelvemonth. Jackson and Suttle and I went out a thieving; we met Callagan and Earles in the way; we asked them to go to the alehouse with us; I had known them before; we went a little way. We asked Earles and Callagan to go a thieving with us; they said they would not: they went away, and I never saw them till the next morning. We went up to a baker's, somewhere about Brick Lane in Bethnal Green near Shoreditch; Suttle and I broke open the house with two chissels; we broke open two window shutters of one window; we lifted up the window, and Suttle and I got in; the shutter hung half off; it was not pulled quite off.
Q. What became of Jackson?
Pollard. He was outside. This was about two o'clock, or half after; it was a lightish night. We got a silver milk pot, six silver spoons, and a till full of money. I took the till, Suttle took the spoons; there were 29 s.
Q. Whose was it?
Pollard. It belonged to us all three: we bought it in Wapping.
Q. What did you do afterwards?
Pollard. I got out, and Suttle followed me. Jackson was on the other side of the way; we crossed over to him; we saw a young gentleman looking at us, we crossed the way to him. John Suttle knocked him down with a pistol, and then let it fly at him. Jackson stood over him with a drawn cutlass; this is the gentleman.
Q. to Greenon. You said you saw three people come out of this house?
Greenon. Yes; it was three doors from my house: I saw two or three come from the house; they were very close; it is hardly twenty yards from my house: I was coming to my own house.
Q. to Pollard. Do you know any thing of that box?
Pollard. It is our box; Suttle, Jackson's and mine. (The box has tinder in it.)
Q. to Pollard. What was in it?
Pollard. Some large spoons, and some small spoons.
Suttle and Callagan's Defence.
We know nothing about it.
I am just cured of the foul disease, and was not able to go out of my lodgings that night.
Jackson and Suttle, Guilty , Death .
Callagan and Earles, Acquitted .
375, 376, 377 (M.) William Jackson , John Suttle , and Charles Callagan , were indicted, for that they, on the king's-highway, on Samuel Osmund , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 8 s. in money, numbered , the property of the said Samuel, April 24 . ++
Samuel Osmund . I am a shoe-maker in Leadenhall-street. On the twenty-fourth of April, at near one in the morning, I was returning home from Wapping; I had my wife and a boy with a candle and lanthorn with me: just on the other side of Armitage-stairs I was met by four people, two tall and two short; one of the tall ones came up between the boy and me, and he put his hand to my wife; I asked what he wanted; at that time I did not see the other three; but instantly he litted up a cutlass, or hanger, and swore he would cut me down if I did not deliver my money: I expected he would do so; I stooped to save myself; I recovered again, and said I would give them what I had if they would not hurt me: they then demanded my watch; at first I said I had none; Matthew Pollard came to me and searched me. I believe Jackson and Suttle to be two of the parties; I saw them by a lamp and the lanthorn; one stood on one side of me with a cutlass, the other with a pistol, so that I could not turn one way nor the other; the boy lifted up the lanthorn, for which one of them struck him with the cutlass, and said, D - n your lanthorn; they struck at it and broke it. When they were gone we had got over the Armitage-bridge; my wife said, I shall surely know the two people that stood over you; and when we were before the justice she immediately declared that Jackson and Suttle were two of them.
Q. Do you know nothing of the third?
Ann Osmund . I saw two men at first; in a moment ther e were two more; I saw the two tall ones (Suttle and Jackson) first; the two tall ones when they came up, I think, Suttle held the cutlass; Jackson held the pistol to my ear; I know it was them two: he that stood with the cutlass was nearest me: one of the two short ones took my money.
Q. Do you know the short one?
Osmund. I believe Caliagan is he.
Q. Do you recollect the dress or the face of the third man?
Osmund. I believe he was one of the parties; he stood with his back to me, and, two or three times, turned about, then I saw his face, and I do believe he is the man; I cannot swear it.
Q. Do you apprehend it was he that took your money, or the other man?
Osmund. I think, the other man.
Osmund. I saw them this day fortnight: the moment I saw them I knew Jackson; I saw them before they struck the candle out: I was afraid they would cut my husband down, as I knew he carried but little money about him: I pleaded with them that they would not cut him down; I said I had ten children.
Q. You speak then with certainty as to Jackson and Suttle?
Osmund. Upon my oath they are the men; I verily believe the other is one of the men.
Q. Did you hear them speak?
Osmund. They all spoke.
Q. Did you hear Callagan speak?
Osmund. When I turned round and said I had a great family, and was pleading with them, the man that stood with his back to me said, D - n your blood you b - h, turn round and give them your money.
Q. I suppose you heard him speak at the justice's?
Osmund. I do not remember he spoke at all.
Q. Then you had no opportunity of judging from his voice?
Osmund. I did not remember any thing particular that night in his voice; as to Jackson, he has a particular voice; the moment I heard his voice before the justice I knew it.
Osmund. No; I did not.
Q. Now you have heard Callagan speak; have you any recollection?
Osmund. It is like his voice; I cannot take upon me to speak positively.
Matthew Pollard . Jackson and Suttle were with me; we were walking along, and met with Charles Callagan ; we asked him to take a walk with us; we met Mr. and Mrs. Osmund; we went up to rob them, and Callagan run away, and we never saw him till next morning.
Q. Who robbed them?
Pollard. One or two of the prisoners.
Q. What share had you in it?
Pollard. I robbed the gentleman.
Q. Who robbed the lady?
Pollard. One of them.
Q. How much did you get?
Pollard. About twenty shillings, and the gentleman's watch; may be I may be mistaken.
Q. What did you get from Mrs. Osmund?
Pollard. Four thimbles.
Q. So Calligan had no share in this business, he could not stay?
Q. Did you give the same account before the justice in your information?
Pollard. I believe so; I do not know.
Q. How many times was you brought up before your information?
Pollard. I cannot tell.
Q. How many times was you under examination before the justice?
Pollard. Two or three times; I was frightened.
Q. What, every time?
Q. to Mrs. Osmund. You spoke of four people?
Q. Did you see them all four?
Q. Did all the four remain by you?
Osmund. Yes; all the time.
Q. The fourth man was the man that turned round and d - d you.
Q. That was not Pollard, nor the other two tall ones?
Osmund. No; but the other.
Q. to Pollard. What do you say to that?
Pollard. There was only three of us.
Mrs. Osmund. This Pollard was the man I gave the money to; I had hold of his coat during all the time; I pinched it fast while I pleaded for my husband.
Q. from Jackson. What sort of cloaths had I on?
Osmund. A ruff snuff-coloured great coat.
Q. from Suttle. Had I the same cloaths on then and wig as I have now?
Osmund. The same cloaths and wig or just such a one.
Suttle. My lord, please to ask Pollard whether I had or no?
Pollard. No; he bought them with the money.
Callagan. My lord, please to ask the lady what colour'd cloaths I had on, and whether she had ever seen me before.
Q. Can you form any judgment how he was dress'd?
Osmund. No; I apprehend he had that red waistcoat; he only turned his head round, with his back to me.
Callagan. I was at home at my mother's at the same time. I am used to the sea.
Q. Do you know where your son was on the 23d of April?
Callagan. I can't say; I do not know whether he was at home or no. I did not take any particular notice, as I did not think any harm would come to him; he has been at sea sometime: when he was at home he helped me.
Q. How long has he been at home?
Callagan. A twelve-month.
Q. How has he behaved?
Callagan. Very well, thank God, before this affair: no-body can give him a bad character before this.
Jackson, Guilty , Death .
Suttle, Guilty , Death .
Callagan, Guilty , Death .
See No: 317, 318, 319, 330 - 333, 334, 335, 336 - 375, 376, 377. - See Jackson an evidence against Richardson and Conway (No. 463 in Mr. alderman Trecothick's mayoralty) who were executed on Bow Common for the murder of Mr. Vennables.
James Holmes . I lost this cordage out of my ship, which lay at Lime-house dock ; it was to have gone out of the dock that day; the prisoner was assisting to get her out; when the cordage was lost, he confessed he took it and sold it; he said he thought it was of no value.
I was drunk and stupid when I said so; I had not victuals and drink allowed me when I was at work; I thought I had a right to have it.
Guilty , T .
379. (M.) Mary King was indicted for stealing four brass candlesticks, value 8 d. a copper coffee-pot, value 4 d. four pewter plates, value 4 d. and one brass flour drudger, valuel 3 d. the property of Millient Brandon , April 19 . ++
Millient Branton. I saw the prisoner standing in my kitchen by the door, with the things mentioned in the indictment, in her apron; I stopt her, and found four pewter plates under her stays.
The constable that took her in custody confirmed this evidence.
One Smith put these things under my apron.
Guilty , W .
Thomas Woodcock . I saw the prisoner, who is a dustman , come out of my master's coach-house with this spring ( producing it) under his arm myself, and another run after him and took him with it under his coat.
I know nothing about it.
Guilty, 10 d. W .
- Shaw. I am a watchman upon the keys. I saw the prisoner by the cask of rice, he had a bag; I took it from him; it contained fifty pound of rice; there were nobody near the cask but himself.
I know nothing at all about it.
Guilty, 10 d. W .
Ann Clark . My husband keeps the Blue Boar in Rosemary-lane , the prisoner came in for some beer; a woman came to me and told me the prisoner had put a pint pot in her apron, she followed her and took it from her.
I did not go with an intention to take the pot; I had it in my hand; I had no design to take it; I had some beer in it.
Prosecutrix. It was not the pot she drank her beer in, but another.
Guilty , T .
James David . On the second of this month Mr. Macartey came to let us know there were three idle fellows lurking about the gate-way; I stood at the gate about a minute, and saw one of them jump off the shafts of a waggon with a truss; I pursued him up Turn-a-gain lane; William Lowe came after me, and just as I got up to the man and had laid hold of him he said d - n your eyes what do you meddle with the man for, and struck at me. I called for assistance. I only met an old woman.
Q. What was in the truss?
Davids. Three ruggs, valued at three-pound three; the prisoner was one of them that I saw at the corner of the gateway.
- Lawson. I know of the truss being put into the waggon which was stolen out.
Percival Philips . I am a constable; I called at the house to drink: they told me of the robbery; I said, by the description I gave of the thieves, I have just met them; I met the prisoner some days after in the street, and took him with me to the house, and we sat down; Mr. Davis came up before I said any thing to him, and said he was the man that knocked him down; and gave me charge of him.
I know no more of it than the child unborn.
For the Prisoner.
Guilty , T .
See him tried, No. 611, in Mr. Alderman Trecothick's mayoralty; and No. 179 last sessions but one, and 258 last sessions, for burglary.
386, 387, 388. (M.) Wm. Jackson , Jn. Suttle , and Charles Callagan , otherwise Ghallagan were indicted, for that they on the king's highway, on John Harrison , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 4 l. one silver watch chain, value 5 s. one stone seal set in silver, value 2 s. one pen knife, value 2 s. and two shillings in money, numbered , the property of the said John, April 23 . *
John Harrison . I am mate of a ship , on or about the stroke of two o'clock, I was in Lower Shadwell , I saw four men breaking into an house, one was in at the window, the passage was narrow, I did not venture to look at them till I had passed them; I then looked back, and thought I heard one say, make hast and dispatch that fellow, pointing to me. I was on the opposite side of the way, it was narrow, about fifteen yards off; then I set off, I had but ten doors to go to my lodgings; I did not run but walked fast; I thought when I got to my own door they would follow me; immediately as the man spoke, I got upon the steps and knocked at the door, they made no answer from within. Two of them came opposite to me, one stood at the right hand of me; I discovered a pistol laying by his right side, it was something bright that I took for
Q. Could you make no observations of their persons at this time?
Q. What did they take from you?
Harrison. They said your money! I said, I had but little; I told them to take it and spare my life: I was struck over the head with a cutlass, whether it was by them or the third man, I cannot say; there was a third and a fourth came up to me, one of them seemed a boy: I think it was a cutlass I was cut with; they struck me with the hilt on the double of my hat: they took a silver watch with a christial triangle seal, and a four bladed pen knife from me; they told me to cover my face, and commend myself to God; I covered my face as they bid me, they struck me upon the side of my head with a pistol and left me.
Q. Have you ever found any of your things since.
Harrison. Only my knife (produced and deposited to by the prosecutor).
Court. Here is no evidence to affect the prisoners except the accomplisher.
All Acquitted .
See Nos. 370, 371, 372, 373.
389. (M.) William West was indicted for cutting, ripping and stealing 50 lb. of lead, value 6 s. the property of Roger Altham , Esq ; being affixed to the coach house of the said Roger , April 23 . ++
- Carpenter. I was one that was set to watch the lead on April 23, as Mr. Altham had lost some lead the night before: the prisoner came up to the pails where we were watching, and made a great noise by thumping and crying halloo; at last he came over the pails, which are about 7 foot high, and went towards a summer-house of Mr. Altham's; then he went with a bundle towards the pails; then he went back again, making the same noise as he did before; he came the third time with a bag, when he had got within a yard or two of the pond, we seized him; he had a bag under his arm, and a stone; after we had taken him, we examined a bundle which he had hung upon the pails, and it contained 50 lb. of lead; we took it next day to Mr. Altham's coach-house, and it matched the place where the lead was taken from: we concluded that the person that stole the lead the night before, had concealed it in the pond as there seemed to be a signal where they might find it again.
I am ignorant of the charge; they said other people had passed-over these fields besides me; they are in a combination to take away my life. I am a porter. I went out as far as Wetston with a waggon. I went into this field supposing there was a path that went across the road, a milk-man told me there was. I was coming back again when these people took hold of me.
Guilty , T .
390. (M.) Elizabeth Gargle , spinster , (a black) was indicted for stealing one muslin apron, value 10 s. one laced muslin handkerchief, value 2 s. and one pair of laced muslin double ruffles, value 20 s. the property of Jane Walker , spinster , January 27 . ++
Jane Walker . I lodge at Mrs. Askews; the prisoner was her servant ; I brought the things mentioned in the indictment and left them in the shop; Mrs. Askew and the prisoner were in the shop. I never saw them again till the third of May.
(The Ruffles produced and deposed to by the prosecutrix.)
I put them in Mrs. Hagston's possession to
Guilty , T .
391. (M.) Andrew Musgrave was indicted for stealing one hand saw, value 2 s. one tennance saw value 2 s. and one turkey stone, value 10 s. the property of Robert Bigger , one hand saw, value 2 s 6 d. the property of Jonathan Bottomley , and one hand saw, value 1 s. 6 d. the property of Francis Avery , May 4 . ++
It appeared upon the evidence that the tools mentioned in the indictment were left by the work men in a bay lost belonging to their master, and were missed the next morning; that the prisoner was pursued on suspicion of another robbery, the constable when he secured him found the saws, mentioned in the indictment, in the lining of his coat; (the tools were produced and deposed to by the different owners of them.)
The prisoner in his defence said he bought them of a young fellow he met in the street; he called one witness who gave him a good character.
Guilty , T .
Sir William Moore . Between ten and eleven o'clock on Saturday night, the fourth of May, as I was coming from the play-house to the Bedford Arms, in the road, there was rather a stoppage at the corner of Russell-street , at which time I felt the prisoner gently drawing my watch out of my pocket. I clapt my hand to my fob and catched the watch quite out of my pocket; as soon as he found I had hold of it he quitted it instantly. I knocked him down, then I stept three or four paces back and called Mr. Holt, who was with me, and we took him to Sir John Fielding 's; who committed him.
Q. From the Prisoner. Was your watch out of your pocket?
Moore, Yes; it was.
Guilty , T .
Arthur Hewit. Between twelve and one in the morning, I had the prisoner given in charge to me. I took him into Mrs. Cornely's hall; I had hold of his collar. The prisoner dropped this watch; I saw it in his hand, he took it out of his left hand breeches pocket. When I charged him with it, he denied it.
Q. from the Prisoner. Was not another young fellow charged with it as well as me?
Hewit. Yes, there was, and he was near, but the prisoner dropped the watch.
I am a journeyman brass-founder . They held my hands; I could not take it without putting my hands to my pockets.
He called four witnesses, who gave him a good character.
Guilty of stealing, but not privately from the person . T .
394. (M.) Moses Simon Levi was indicted for stealing one dozen of china plates, five dozen of china cups, four coffee-cups, four large china saucers, one china cream-jug, one dozen and five wine glasses, one glass decanter, one vinegar cruet, and two glass salt-sellers , the property of Mary Mears , widow , April 1 .
Guilty , T .
John Bromley , privately in the shop of the said John , April 2 . *
396. (M.) Dorothy Mackonakee was indicted for stealing one holland sheet, value 2 s. one table-cloth, value 1 s. two check aprons, value 1 s. two linen shirts, value 2 s. one white apron, value 1 s. one white waistcoat, value 6 d. four linen caps, value 6 d. one muslin handkerchief, value 6 d. one linen gown, value 1 s. one silk bonnet, value 6 d. one stuff petticoat, value 1 s. and four linen shirts, value 4 s. the property of Elizabeth Ellenton , widow , March 20 . ++
Elizabeth Ellenton , the prosecutrix, deposed, that she took the prisoner to assist her; that she was with her six months; that she missed the things laid in the indictment at different times; that she charged the prisoner with it; that she said she had left them in the custody of an acquaintance, and they were safe; that the prisoner ran away; that when she was taken before Sir John Fielding , she owned having pawned the things at different pawnbrokers. Two pawnbrokers produced the goods the prisoner had pawned with them.
The prisoner, in her defence, asked the prosecutrix if she had not frequently sent her to pawn things; the prosecutrix answered in the affirmative; but said she never sent her with any of the things mentioned in the indictment.
Guilty , B .
397, 398. (M.) Francis Dalton and William Castleton were indicted for feloniously and traiterously colouring, with a composition of quicksilver and brick-dust, twenty pieces of copper, to represent the current coin of this realm, namely sixpences, against the statute . *
Both Acquitted .
Both Acquitted .
401. (M.) Thomas Milson was indicted for breaking and entering the dwelling-house of Joseph Kay , on the 18th of March, about the hour of one in the night, and stealing one gold-pencil case, value 20 s. one brilliant diamond ring, value 30 l. four pair of silk stockings, value 20 s. one red-morocco pocket-book, corded with gold, value 4 l. one cornelian seal set in gold, value 2 l. one silk waistcoat, value 20 s. and 3 l. in money, numbered, the property of the said Joseph, in his dwelling house . +
402. (L.) John Hughes was indicted for breaking and entering the dwelling house of Richard Riley , on the twenty-eighth of April , about the hour of two in the night, and stealing a violin, value 20 s. a german flute, value 10 s. two paper books, bound in parchment, value 10 s. two steel spindles, value 10 s. 40 lb. of block tin, value 30 s. a silver watch, value 50 s. and one gold ring, value 20 s. the property of the said Richard, in his dwelling house . +
Richard King . I am a pawnbroker. My servant came up to me on the twenty-ninth of April, about eight o'clock in the morning, and asked me if my wife might lend a shilling upon this flute; I sent down word she might. When I came down I examined the flute; I suspected it was stolen; I told my wife so; I enquired what sort of a man brought it: afterwards in the advertisement I saw the flute described, a light-coloured flute, mounted with ivory. As I was standing behind the compter my wife jogged me, and said, This is the man a coming that pawned the flute. He told my wife he lived upon Salt Peter Bank . The prisoner came in, and said, I want the flute I pawned on Monday morning for a shilling: he wanted three shillings more upon it: I asked him what name; he said, George Hughes : he said he lived at St. Catharines. I said, How came you to tell my wife you lived on Salt Peter Bank ? he said he did not say so, but that the man lived there from whom he had the flute. I told him I wanted to examine him; he opened the door, looked spitefully back at me, and ran away; I followed him, and called Stop thief, and he was taken. He said before the justice, he found it on Tower-hill.
I am innocent.
Guilty of stealing only , T .
John Earle , and James Kinghorne , were indicted for that they, on the king's highway, on John Clansay , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one hat, value 10 s. the property of the said John , May 11 . *
John Clansay deposed that he was stopped by the two prisoners and another man; that Kinghorne gave him a blow on the breast, and that Earle snatched his hat; that he laid hold of him, and then they immediately gave up his hat.
I never struck the man or took the hat; the other boy took it; Earle said next morning before the justice, that he took the hat.
I know nothing of it.
Both guilty of stealing only , T .
405, 406, 407, 408. (M.) Mary Farrow , Mary M'Gee , and Mary the wife of John Smith and John Clarke , were indicted, the three first for stealing fourteen yards of linen checks , the property of William Warburton ; and the last for receiving the same, well knowing them to have been stolen , April 25 . *
' Sarah Warburton , wife to the prosecutor, ' deposed, that Mary Smith and Mary Farrow ' came into her shop, and cheapened several ' things, M'Gee came in and stood close by the ' prisoner; she asked to see some coloured ' aprons, that she shewed her some, but she ' went away and bought nothing; that Mrs. ' Lowelyn came in and told her, M'Gee had ' taken a piece of check out of the shop - John ' Cross deposed, that he saw Clark run down ' an ally with a piece of check under his arm. ' John White deposed, that he saw the four ' prisoners and another man pass by the prosecutor's ' shop together; that he afterwards ' saw M'Gee come out with the check under ' her arm; that Clark was standing at the end ' of an alley; that he saw her give him the ' cloak.'
' The prisoners in their defence denied the ' charge; Clarke said he thought It had been ' run goods.'
409, 410. (M.) Nathaniel Bailey , otherwise Bailiss , and John Murphy , were indicted for breaking and entering the dwelling house of Joseph Kay , on the 10th of March , about the hour of one in the night, and stealing one brilliant diamond ring, value 33 l. one red morocco pocket book, bound with gold, value 4 s. one gold pencil case, value 20 s. one cornelian seal, set in gold, value 2 l. one silk waistcoat, value 20 s. and 3 l. in money, numbered , the property of Joseph Kay . +
Mansell Williams gave the same account, as on the last trial, of the situation in which he found the house in the morning.
Mr. Kay deposed that he lost the things mentioned in the indictment.
John Jennings deposed that he searched Murphy's lodgings in a court in Fleet-street; that he found Murphy and Bailiss standing in the room; that Wood and Phillips went up before him: Murphy stood near a hair trunk; that he asked him if he had the key, or else he should break it open; that he immediately put his hand in his pocket and took a key out, and gave it him; that he found in that trunk several things (producing a ring, &c.) which were deposed to by Mr. Kay.
Q. from Bailiss. When the woman of the house came up into the room, did not she say that was not my lodging?
Q. Do you remember the breaking open Mr. Kay's house?
Q. Do you mean you have known Bailiss three weeks from this time?
Q. What month was Mr. Kay's house broke open?
Jameson. In April.
Q. How long is that ago?
Jameson. About six weeks.
Q. Was that before you was acquainted with Bailiss?
Q. By whom was it done?
Jameson. Murphy and me; he stood at the corner of the chapel; I went and broke the house open.
Q. Where did you go from?
Q. What time did you go together?
Jameson. I did not tell Murphy of my intention till I came to the house; then I bid him wait at the chapel: he said he did not like it, but he would do as I bid him.
Q. How did you get in?
Jameson. We forced the kitchen windows open.
Q. What with?
Jameson. A chissel.
Q. Whose chissel was it?
Jameson. My own.
Q. What did you do when you got in?
Jameson. I struck a light and broke the street door open; then I got up to one of the lamps, and took a light out.
Q. What did you take?
Jameson. (Repeats several things mentioned in the indictment.)
Q. How long did you stay in the house?
Jameson. Two hours.
Q. Where did you go to?
Jameson. To the chapel, and Murphy was gone.
Q. Was Murphy never in the house?
Q. What did he stand outside the house for?
Jameson. To watch.
Q. When did you see him.
Jameson. About nine or ten o'clock.
Q. How did you get the things away?
Jameson. I carried them all away myself?
Q. Did you tell him what you had done.
Jameson. Yes, he said he thought I never intended to come out of the house; he thought I had been taken.
Q. Did he say how long he waited for you?
Jameson. He said he waited half an hour for me.
Q. Where did you lodge these goods?
Jameson. At my lodgings at the Old Bailey.
Q. Do you remember taking a gold pencil?
Q. Nor a pocket book?
Q. How came they afterwards to the Hole in the Wall.
Jameson. Murphy and I lodged together in the Old Bailey then, and we lodged together in St. Dunstan's-court.
Q. Had Murphy any of the goods?
Jameson. I gave him some of them to take care of for me.
Q. Had he no share in the plunder?
Jameson. I gave him half a guinea.
Q. Then this trunk was yours that had these choice things at the Hole in the Wall?
Jameson. No; it belonged to Murphy; I gave them to Murphy to take care of, and he locked them up in his trunk.
Q. Have you never a trunk of your own?
Jameson. I gave them to him at the time Mr. Stevenson's things came into the room.
I am quite innocent of this charge.
I am innocent.
Bailiss, Acquitted .
Murphy, Guilty of stealing only , T .
The Court committed Jameson to Newgate to take his trial for perjury.
The prosecutrix deposed, that she. her mother and sister, and the prisoner, lodged in the same house in Rosemary Lane ; that when she got up in the morning of the first of May, the prisoner was gone off, and her gown missing. That they took the prisoner up on the tenth, and she confessed that she had stole the gown, and sold it to a woman she met with in the street.
She was confirmed in this account by her two sisters. The prisoner, in her defence, said she never saw the gown.
Guilty , T .
413. (M.) Charles Baker was indicted for stealing one thickset coat, value 10 s. one thick set waistcoat, value 3 s. one pair of plush breeches, value 6 s. six linen shirts, value 30 s. four muslin neckcloths, value 4 s. eight pair ofRichard Boonham , and two linen table cloths, value 2 s. one pair of leather shoes, value 3 s. and one pair of worsted stockings, value 3 d. the property of Richard James , in the dwelling house of the said Richard , May 9 . ++
Guilty, 39 s
(M.) He was a second time indicted for feloniously and wilfully cutting out of the loom, 65 yards of wrought silk, value 25 l. the property of Daniel Mesman and Charles Mesman ; in the dwelling house of Charles Bishard , April 17 . ++
Charles Bishard . The prisoner came to lodge with me on the 7th of April last. He brought his loom next day into my shop to work with me; he work'd six days in making ribbons; he said he was tired of weaving. On 15th of April I went out, and he and his brother came and fetched his loom away. I let him in on the 16th between ten and eleven at night. After I went to bed I recollected that I had left my watch by the loom; I went to fetch it: I found the prisoner snoring lying upon my bed; the next morning I found the prisoner's bed smooth, and the sheets never turn'd down; so it was plain he had never been in bed. When I went to work I found the work cut out of the loom, and a pair of scissars. The prisoner was gone, and the street door, which had been bolted over night after the prisoner came in, was left upon a spring lock, and the bolts drawn; the prisoner had gone out, and shut the door after him; we searched the prisoner's lodgings, but found nothing there. In one Lewis's house we found thirty-three yards of silk,
"which Rider a pawnbroker produced; nine yards which were pledged by one Fowler, on the 17th of April; ten yards more were produced by William Bottomley , servant to Benjamin Bottomley , a pawnbroker, who took them in in the name of William Boys , a short thick man in brown cloaths, on the 17th of April; and nine yards more were produced by William Taylor , servant to Mr. Lawrence. who took them in in the name of William Johnson , a short thick man, on the 17th of April." After the prisoner was taken, he gave an account where he had pawned the silk, and told them of the particular pawnbrokers; said he went along with the man that pawned them, whose name he said was Eggleston.
Mr. De La Fontaine. On Saturday 16th of April I saw thirty-three ells of silk at Leader's.
Leader. The prisoner came with this box in which these thirty-three yards of silk were found, and agreed with me for a lodging. He left the box; he was in and out several times; I wondered they brought in no goods, but he had a parcel of bobbins of silk, which I thought was unusual for narrow weavers; I suspected him, and then these thirty-three ells were found in his room.
James. The prisoner told Justice Keeling where all these silks were, and went to every one of them with me, except Leader's; and the account he gave of all was that they were pledged by Eggleston. (the silk produced.)
Charles Bishard . I made every inch of it; black differs so much that I am able to say these three different pieces are all of the same piece of silk; and that piece was mine, I am confident, every inch of it. By me that piece was found at Leader's; it has a particular mark left on it, by which I can swear to it. Mesman Bishard made this silk for me and my brother Charles Mesman .
I went out that morning about four o'clock. At that time the looms were safe; I found afterwards that the looms had been cut; I was afraid to go back for fear I should be charg'd. The reason of my carrying the box to Leader's house was my brother hired me to do it and the reason why I told the gentleman where the silk was found was that Eggleston had said in my hearing that he had pledged silk in these different places. I therefore directed them to these houses, but did not steal or was concerned in stealing it.
Guilty , Death
Augustine Benor , May 6 . +
"The prosecutor deposed that as he was
"coming from the Golden Lion, Covent
"Garden, on May 6, in the morning, he
"lost a white linen handkerchief, and a purse
"containing five pounds, fifteen shillings and
"nine-pence; he said he was pushed about by
"several women when he lost it.
"that he searched the prisoner, and upon
"Powell found the purse, five guineas and a
"half, and found the handkerchief upon
"Cocklen's neck. (The purse and handkerchief
"produced and deposed to by the prosecutor).
Cocklen her defence said, she found the things.
Both Guilty , T .
416, 417, 418. (L.) Robert King , John Suttle , and Ann Payne , were indicted for breaking and entering the dwelling house of Roger Moser , on the 10th of April about the hour of one in the night, and stealing 38 guineas, eight half-guineas, and one crown piece, the property of the said Roger Moser ; and three guineas, one half-guinea, one quarter-guinea, a 4 s. 6 d. and 15 s. in money, numbered, and a pair of silver buckles; the property of Bryan Lee , in the dwelling house of the said Roger Moser . +
(The evidence on the trial was the same as on the trial of Charleton, No. 272 last sessions, who was concerned in the burglary for which he was convicted.) except the evidence of Edward Clay a pawn-broker; who deposed that King pledged a pair of buckles with him which were owned by Bryan Lee .
King Guilty , Death .
Suttle and Payne Acquitted .
The Trials being ended, the court proceeded to give judgement as follows:
Received sentence of death, eleven.
Transportation for 14 years, one.
Transportation for seven years, thirty-seven
Charles East , David M'Lane , Benjamin Payne , Thomas Hall , Joseph Ward , John Hughes , Robert Cleghorn , Richard Aldridge , John Brett , Margaret Jones , William Lows , John Wilson , John Earle , James Kinghorn , Margaret M'Gee , William West , Elizabeth Gargle , James Vigures , Thomas Burt , Ann Barnes , Andrew Musgrave , Ann Turvil , Nathaniel Bailiss , otherwise Bailey, John Murphy , Charles Ibbert , Ann Watts , Ann Beaver , John Peddington , Jane Cocklin , Sarah Powell , Peter Westcoate , Thomas Thomas , Richard Hooke , Moses Simon-Levi , Mary Folwell , George Brace , and James Dawson .