NUMBER VI. PART I.
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.
BEFORE the Right Honourable BRASS CROSBY , Esq; Lord Mayor of the City of London; Sir WILLIAM BLACKSTONE , Knt. one of the Justices of his Majesty's Court of Common Pleas *; Sir GEORGE NARES , Knt. another of the Justices of his Majesty's Court of Common Pleas +; JAMES EYRE , Esq; Recorder ++; THOMAS NUGENT , Esq; Common Serjeant ~; JOHN HYDE , Esq; || and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal Delivery of Newgate, holden for the said County of Middlesex.
N. B. The *, +, ++, ~, and || refer to the Judges by whom the Prisoners were tried.
420, 421. (L.) Mary Hill , spinster , and Mary Reed , spinster, were indicted for stealing twelve yards of silk ribbon, value 6 s. the property of Ann Lyon , spinster, and Sarah Lyon , spinster , June 1 . ||
The prosecutors deposed that they keep a milliners shop , that the prisoners came into their shop under pretence of buying some ribbon, that they missed a piece while the prisoners were in the shop, that they sent for a constable, who search'd them, that Reed, in pulling off her petticoats, dropped a piece of ribbon, which was produced in Court and deposed to by the prosecutors.
The prisoner Reed said in her defence, that the ribbon was found at a distance from her, under the bed.
Hill, Acquitted .
Reed, Guilty , T .
Mary Davis . I am wife of Francis Davis . We keep a pawn-brokers shop . We lost these three linen gowns on the 26th of April. The gowns were hung up for sale. They were stolen a little before nine in the evening. TheMary Jones , at Mr. Bailey's and Mr. Young's; the one lives in Shutters-ground, the other in Peter-Street. She was acquitted for robbing me last sessions. Since that she stole these. (The gowns produced and deposed to by the prosecutrix.) Mr. Bailey sent for me on the ninth of May; I found the prisoner stopped there; she said she was come to get a duplicate for the gown: I charged her with a constable; she slipped away from the constable at the justices, and they could not find her for two hours.
Thomas Bailey . The prisoner pledged this gown (taking it in his hand) with me on the 26th of April, about a quarter of an hour after nine in the evening. The next morning Mrs. Davis came to me to enquire for a gown she had lost; I said I had taken one in; I shewed it her. The prisoner came to pay the interest due on the gown on the tenth of June, and to get a duplicate; I stopped her, and sent for Mrs. Davis; she came and owned the gown, and we took the prisoner into custody: she said she could bring twenty people to prove it her gown; that she bought it in Wales.
Mrs. Davis knows that if I wanted any thing out of her house I used to send, because she owed me a grudge. I have witnesses to prove I caught the gaol distemper at the last sessions, and lost the use of my limbs. A young woman told me there was a gown in pawn, and wanted me to get a duplicate for it in my own name; I went, and they stopped me. I never pawned them, nor have not been in the prosecutor's house.
For the Prisoner.
Ann Jones . The prisoner was taken ill the beginning of April; she lost the use of her limbs, and was not out all the month. I have known her about three quarters of a year. I was acquainted with Ann Gibson , with whom she lodged.
Q. What is the prisoner's christian name?
John Harris . I have known her a twelvemonth; she was taken very ill on the tenth of April: she lost almost the use of her limbs for near a month; she was not able to go down stairs without help. I lodged in the same appartment with her upon the same floor.
Q. What are you?
Harris. A shoe-maker; and work at home.
Q. Was you ill?
George. No; I had a large family, and could not go myself.
Prosecutrix. This Harris is the man she lives with; she went by his name: he came to beg of me not to prosecute her.
Q. to Harris. What do you say to that; had you any conversation with the prosecutrix about this woman?
Harris. I have spoke to the woman.
Q. Did you desire her not to prosecute the prisoner?
Harris. I don't deny but I desired her to be as easy as she could.
Court. That has nothing to do with the present question; it only shews the connection between them.
Guilty , T .
See him tried, No. 233, in the present mayoralty.
William Matthias . I had my watch picked out of my pocket on the nineteenth of May, Whit Sunday, at the Tylers Arms, in Wardour-street , about six o'clock. I was in company with the prisoner and another man. I had been out that day. I was coming home about four in the afternoon. I was fuddled. I lay down to sleep in the road between Chelsea and this place; the prisoner came and awaked me, and said I had better awake, or I should lose my watch out of my pocket; I got up: the prisoner offered to take care of
William Foster . I was in the next box to the prisoner at the Tylers Arms: the prosecutor was in liquor: there was nobody but them two in the box; the prosecutor was stooping down upon the table; I saw him take his watch out, look at it, and put it in his pocket again: he went to sleep. As the prisoner pulled the watch out, it was pretty tight in his fob, so it hit against the seat, and the glass broke: I heard the noise; I thought then it had been a pipe broke when I heard the glass fall upon the floor. I went down into the cellar; when I came up the prisoner was gone. I saw the broken glass lying upon the ground. We took him in St. James's Park; then he said he was drunk, or he should not have done it.
Christian Smith . I keep the Tylers Arms in Wardour-street: I went out of the room for about five minutes: the last witness told me when I came in, that the prisoner had stole the prosecutor's watch. I picked up some pieces of glass. I went up stairs; when I came down the prisoner was gone: there was in the room, the prosecutor, a soldier that was quartered at my house, and the last witness: I awaked the prosecutor, and his watch was gone. The prisoner confessed when we took him that he stole the watch, and that he sold it to a silversmith in the Strand for twenty-seven shillings: he confessed it in my house, in Hedge-lane, and before the justice: he said, if he had not been drunk he should not have taken it.
Michael Scales . I keep a silversmith's shop in the Strand. I bought a watch of the prisoner about six weeks ago; I gave him twenty-seven shillings for it; the watch was bruised, and had no glass in it. (The watch produced.)
Court to Scales. What name has the watch?
Scales. I did not look at the name nor number.
Q. Are you positive the prisoner sold it you?
Prosecutor. I do not know any thing of the number, or other marks; my brother's wife bought the watch second-hand, in St. James's market.
The constable deposed he took the prisoner, and that he confessed having stole the watch from the prosecutor, and sold it to Mr. Scales, in the Strand.
This man said, if I would confess to it before I went to the justice, he would not hurt me; I am willing to suffer what your lordship thinks proper.
Guilty of stealing only , T .
Joseph Robson . I live with Mr. Swinton; he was out of town the day these things were stolen. I had been at the Custom house; about two o'clock, when I returned, I heard somebody upon the stairs: as nobody had any business there without my knowledge, I called to know who it was; I saw the prisoner, he had something concealed under his coat; as the counting house and the butler's pantry are up stairs, I supposed he had been upon business; I asked him if he wanted any thing, he made no answer; I repeated it but had no answer. I stept pretty quick to the door, he got out and ran; I pursued him and called out, Stop thief, and then he dropt this silver tea
Q. from the Prisoner. Did I not say whoever was the owner should have it?
Lock. He said so before the justice.
Robert Pritchard . I am cellar man to Mr. Swinton, who is a wine merchant ; I saw the prisoner coming down stairs; I pursued him; I saw him drop this pot opposite Mr. Hussey's china shop; I saw the sugar bason taken from him; he was never out of my sight from the time he ran down stairs till he was taken.
Q. Are you sure it was the prisoner dropt it? Smith. Yes; I gave it to a little tawney boy belonging to Mr. Swinton.
Q. Is there more than one stair case?
Q. Was there other plate there?
Payne. Yes; there was: I had left the pantry and the cupboard door open; the door at the stairs goes with a spring lock.
Q. Is there more than one stair case?
Q. from the Prisoner. Did you see me up stairs?
I was going up Picadilly; I saw a mob, a man throwed the bason down; I picked it up, I said whoever it belongs to shall have it; I put it in my pocket; the first witness came up and said, he believed it belonged to him, and took me by the collar. When I came to Sir John Fielding 's, they said I throwed down the tea pot; I never saw it before, I know nothing of it.
Guilty , Death .
See him trial No. 599 and 612 in Mr. Alderman Trecothick's mayoralty, and No. 202 in the present mayoralty.
Matthew Prior . I live at Dowgate. I was coming from Highgate, on the 15th of May, in a cart, with the prisoner, about seven in the evening. In the back road, Islington, I laid down to sleep being a tired; I drove the cart to Highgate; he went with the cart for pleasure; there were three carts together. When I went to sleep one of the other drivers lay a sleep a long side of me; Chapman drove my cart for me; I waked rather before I came to Islington , and got out at the Swan to drink; we staid there about an hour: I missed my money when I came to Goswell street; I had twenty-four guineas and two six and thirties in my pocket all loose, of my own money; I commonly carry all the money I have about me. Chapman had a six and thirty and a guinea, and bought a watch with it, that night; I drove the cart back from Islington; I missed the two six and thirty pieces at Holloway; so in Goswell street I took my money out and counted it; the prisoner bought a watch. The next day I took them both upon suspicion; they denied it. I took them before the alderman, and they were discharged; afterwards Chapman was admitted an evidence.
John Chapman . I drove the cart; I saw the prisoner pick Mr. Prior's pocket, whilst Mr. Prior was, I believe, asleep. He took two thirty six shilling pieces and two guineas; I had one guinea and one thirty six shilling piece. I went over to Pepper Alley and bought a watch; I was behind the cart when he took it; he gave me half to say nothing: I had no money in my pocket before.
Q. What did the watch cost you?
Chapman. I was in liquor when I bought it, and do not know.
Nicholas Symtronds . On the 16th of May, the prisoner came to my house to buy a watch; he had a thirty six shillings piece and a guinea: he broke the watch, and brought it back to me in a day or two to mend; while I had it he was taken up. Here it is (producing it.)
I never saw any thing but one thirty six shilling piece and a guinea, which I found upon the road; I was riding upon the copse of the cart; I saw the money lying upon the ground; I told the prosecutor several times that I had found some money, and he did not own it then.
Q. To the Prosecutor. Is that true?
Prosecutor. It is all false.
For the Prisoner.
Guilty , T .
John Webb . I am a labourer , I work for one Thompson at the Pye Bull, Islington ; I was at work on the 29th of May, it was hot weather; I pulled of my coat and waistcoat; I left my coat with my tools I was at work with; where I was making a ditch in a field at the back of my master's house; I left them while I went for a pint of beer: agoing down to get my beer I saw a man come along, I suspected he might take something; I stood to see him pass by, which he did: the prisoner came up to speak to that man; afterwards I saw the prisoner pass by my cloaths; get to a hedge, drop down, and creep under the hedge; that led me to suspect he intended to steal something: I watched him and saw him take up something; I was at some distance in the next field and could not distinguish what it was: I pursued him at the distance of about 300 yards: I laid hold of the prisoner; I struggled with him; I brought him to the ground, and found this coat in his lap.
I did take it, but did not intend to steal it; it was an old ragged coat: I thought it belonged to nobody.
For the Prisoner.
Guilty, 10 d. W .
427. (M.) William Cox was indicted for stealing a watch, the inside case gold, the outside case shrgreen, value 8 l. one gilt metal watch chain value 5 s. and one cornelian seal set in gold, value 20 s. the property of William Rowley , in the dwelling house of Judith Thompson , spinster, June 18 . ++
See him twice tried No. 599 and 612 in Mr. Alderman Trecothick's and once No. 203 and 352 in the present mayoralty.
James Cleland . I am apprentice to Mr. Webb; on Saturday the 22d of June, the two prisoners came into the shop about seven in the evening; I suspected them when they came into the shop, therefore I counted the pieces that were in the wrapper; when I went to shew them the fifth piece they stole the fourth that I had shewn them; I saw Locket take it, she put it under her apron; I let her go out of the shop with it; I took hold of her when she got to the next door, I told her she had got a piece of lawn; she denied it, and then afterwards throwed it in the middle of the highway.
Q. Where do you live?
Q. Did Hawkins do any thing?
Cleland. She bought a quarter of a yard, and Locket paid for it; that was off another piece, not that piece she stole; we carried them both to the Compter.
Richard Farrer . I am a looking glass polisher; I was going to Mr. Buskins's on Snow hill with some work: going along Smithfield I saw the two prisoners come out of Mr. Webb's shop; they went about five or
I asked this young woman to go with me to buy a bit of lawn, as she is a better judge than me. I did not steal any, nor did she; I could have had people to my character, but did not expect my trial would come on so soon.
Locket, Guilty . T .
Hawkins, Acquitted .
429, 430. (M.) James Troope , and Joseph March were indicted for stealing one piece of linen cloth, containing twenty-four yards, value 50 s. one other piece of linen cloth, containing twenty-four yards, value 50 s. the property of William M'Dowall , June 1 . *
William M'Dowall . I am a linen draper , and live in New Bond street . On the first of June I missed some linen; Mr. Brown, a pawnbroker, sent for me, and informed me that he had some linen offered him which he suspected was mine. I went to his shop and found my errand boy , Joseph March , there; it was a piece of Irish linen, containing twenty four yards.
Q. How much is it worth?
M'Dowall. Two shillings a yard; this is the cloth (producing it) here is my private mark upon it.
Q. You had not sent him with it to any customer?
M'Dowall. No; I asked him why he took my cloth to pawn; he said James Troope , the other prisoner, who is my journeyman , gave it him out of the back kitchen, and desired him to pawn it. I asked him if he had pawned any other.
Q. Before you proceed any further, did you make use of any means to obtain that confession?
M'Dowall. I promised to be favourable to him.
Court. That confession cannot be admitted; you may speak to any facts.
M'Dowall. I went by his information to Mr. Curl, a pawnbroker: there I found this piece, ( producing it:) Here is my own private mark upon it.
Q. How long had March lived with you?
M'Dowall. About five months.
Q. You had a good opinion of him?
Q. March is your errand boy; Troope is your journeyman, I believe.
Q. I suppose March was under the controul of your journeyman; was he not to obey his orders when you was out of the way?
M'Dowall. Any lawful orders.
Q. Did not he tell you once that Troope had given him this linen to pawn as his own, which he had bought in the city; and he said he carried it to pawn for him?
M'Dowall. Yes, he said so; he said Troope had shewn him bills of parcels of linen bought elsewhere.
Q. I will ask you fairly whether you have not said that you thought the prisoner believed it to be Troope's, and that he was imposed upon?
M'Dowall. Yes, I do think so; but I should think he might know my mark.
Q. Was any thing brought to you by Troope?
Both Acquitted .
(M.) James Troope was a second time indicted for stealing one hundred and twenty yards of linen cloth, value 12 l. seven yards of muslin, value 2 l. and thirty yards of chints linen, value 3 l. four yards of cotton cloth, value 13 s. twelve linen handkerchiefs, value 12 s. and one silk handkerchief, value 3 s. the property of William M'Dowall , June 2 . *
William M'Dowall. On Sunday morning, the second of June, March, my errand boy, told me the prisoner had a lodging in Mercer's street, Long Acre, and that he had some of my goods; I got a constable and went there, and found him in bed with a woman; it is a street that goes from Long Acre towards the
Q. Have not other people the same pattern?
Q. How came you to go there to look after them?
M'Dowall. I was informed he used to resort to that house; I went there; the landlady shewed me this cloth, which she said belonged to Troope: I found another piece in a court in Maiden-lane at Mr. Ellis's; I was informed he had sold him a piece of cloth, (that piece produced.) Here is my mark on it; I took him to Sir John Fielding 's.
Q. You don't know that that was Troope's lodgings of your own knowledge?
M'Dowall. I don't know.
Q. It is most likely it was the young woman's lodgings?
M'Dowall. I don't know.
Q. You say some have your marks upon them; I suppose you sell whole pieces?
Q. I suppose if I was to buy a piece I should buy it mark and all?
Court to the Council. To be sure it is; therefore you will prove that the young woman bought it of Mr. M'Dowall?
Council. You speak of some only to the patterns?
M'Dowall. I had some linen of those patterns; and these pieces were much diminished.
Q. Do you know whether the prisoner really did deal in linen upon his own account?
M'Dowall. I don't know of my own knowledge.
Q. Who did you enquire for?
Halliburton. March went with us; somebody looked out at the window; we asked if Mr. Troope was at home; the answer was that he was at home; we went up, and in the one pair of stairs room we found him in bed with a young woman; the door was not fastened; I told him his master wanted him; I bid the young woman get up; we searched the room; and in the drawers, and in one place or other, we found these things.
Q. Are you certain as to the expression; was it, Is Troope at home, or above?
Halliburton. I think, at home, but will not be certain.
- Williams. I keep the Blue Posts in Maiden-lane. The linen was left at my house, but I cannot tell by whom.
Q. Did the prisoner frequent your house?
Q. What does he come for?
Williams. The sake of drinking and seeing company.
Q. Does he keep any shop at your house, or sell things there?
Williams. No; not to my knowledge.
Q. Did he use to come of a morning, or afternoon?
Williams. I have seen him there in both.
Q. Is there any particular room in which he sees company.
- Ellis. I am a butcher (produces a piece of linen.)
Q. How came you by that piece of linen?
Ellis. I bought it of the prisoner at the blue posts. I use the house.
Q. Does he usually sell things there?
Ellis. I don't know; I was told by several people that he sold things of that sort,
Q. What did you give for it?
Ellis. I was to give three shillings a yard for it: it has been out of my custody since.
Q. Did you ever buy any other piece of him.
- Halliburton. I had this piece in my custody; it is the same I received of Mr. Ellis.
Court to the Prosecutor. How much was that linen worth.
M'Dowall. It cost me three shillings per yard.
Q. You are sure the piece you delivered to Halliburton was the same you bought of the prisoner?
Ellis. Yes; to the best of my knowledge.
Q. Where was it sent to you?
Q. Where was it delivered?
Ellis. At the public-house.
Q. Did you know who Troope was at that time?
Ellis. Yes; I was told he had dealt in cloth before he went to Mr. M'Dowall's.
Q. How long has he lived with you, Mr. M'Dowall?
M'Dowall. About thirteen months.
Q. Was he not laid up with illness in the month of March?
M'Dowall. Yes; a few days.
I was sick above three weeks of the time; the other part of it I was not allowed to go out. I kept my bed a fortnight of the time.
Prosecutor. He was ill about a week; the doctor desired him to keep in the house, but he would go out.
Q. What time was it you found him in bed?
Prosecutor. About eight o'clock on Sunday morning.
For the Prisoner.
Samuel Branderam . I am a blue-maker. I have known the prisoner sixteen years. I knew him in Lincolnshire; he has been in London about fifteen months: he has always bore a good character before this happened.
Q. Did you ever hear of his dealing in cloth for himself?
Thomas Jackson . I am a clock and watchmaker, and liv e in East Smithfield. I have known him from a child. I know he had about thirty pieces of cloth; I saw them about a month before he went to Mr. M'Dowall's.
William Rastell . I am a linen-draper in the Minories: the prisoner lived with me; he behaved very sober and honest: I believe he went from me to Mr. M'Dowall's; he thought his place superior to mine, I believe.
Guilty T .
431. (M.) Elizabeth, the wife of John, Morris , otherwise Elizabeth Whitaker , was indicted for stealing fifty-two guineas, six half guineas, one quarter of a guinea, and four crown pieces in money, numbered , the property of John Troope , Jan. 9 . ++
432, 433, 434. (M.) Edward Flanagan , Matthew Polland , and Thomas Jones , were indicted for breaking and entering the dwelling-house of Lambert Taylor , on the twenty-ninth of May, about the hour of one in the night, and stealing a linen bag, value 1 d. two hundred and eighty half-pence; one quart bottle filled with rum, value 18 d. and one quart bottle, filled with red wine, value 18 d. the property of the said Lambert, in his dwelling house . ++
At the request of Polland the witnesses were examined apart.
Q. Was there any appearance of vio.
Taylor. The place where the bolt of the shutter comes through was strained and broke, and the sash of the parlour was broke; the shutters were open.
Q. Do you know whether that parlour window and the shutters were fast over night?
Taylor. Yes; I tried them myself; I went to bed the last in the house, about half an hour after eleven, or near twelve o'clock; I throwed the sash up, and tried the bolts of the window shutters.
Q. Did you put the sash down again?
Q. Have you any reason to know who broke open your house?
John Pagett . I was coming home on the 29th of May, about twelve o'clock at night; I met the prisoners, and Patrick Finley in the Back-lane; I did not know his name at that time; I have known it since: I knew the rest very well; they were going to St. George's; they said, Pagett, good night; I said, Good night: I was glad I got off so well, though I had a good dog with me: Matthew Polland said, (I am clear to his voice) D - n my eyes, I am going out a house-breaking; I said, My lads, good luck to you: I set off in order to go home; I did go home, and prepared myself with a hanger, and went down to Whitechapel watch-house in order to get a watchman, which I did; he went along with me: I watched in the Back-lane for about an hour and a quarter, when Thomas Jones came up to me; I said, Where have you been? he said, My girl and I have had a few words, and I have been out to get drunk: I took hold of him, and searched him: I found two knives about him; I delivered him into the care of the watchman: I went about as far as from here to the door (about sixteen or seventeen yards) there sat the other three upon a stone step; it was about three doors off; I said, What do you do here? they seemed very drowsy and heavy; they made no answer for a good while; I caught hold of Polland; I said, Get up; in getting up he gave me a punch on the breast; I fell backwards a little, and down went a bag of half-pence.
Q. Who did the half-pence fall from?
Pagett. I believe, Matthew Polland : I made a blow at him, and missed him; I caught him by his coat and tore it all up; this is it; (producing a coat torn all up the back) then he made off; I made after the other two; I caught Edward Flanagan in Well-close square; my dog, in the room of catching hold of him, catched hold of the watchman: the evidence ran at the same time, and cried, Stop thief; he ran off: this is the bag of halfpence. (Producing it.)
Prosecutor. I can swear I lost a bag just like that.
Q. Do you know what quantity of halfpence were in it?
Prosecutor. About seven shillings worth in half-pence, and twenty-five farthings.
Pagett. Polland was taken on the other side of the water; he wanted to be admitted an evidence. I have seen Polland frequently dressed in this coat. They were all drunk.
John Memory . I sell things about the street. I live at Mr. Morley's, at the sign of the Red Cap. Upon the Saturday after this fact happened, about ten at night, Polland came to me and asked me to help him to a lodging; he was then dressed in a brownish coat; he said, if he was taken he should be hanged: I got him a lodging, but gave information where he was, and had him taken next morning.
Christopher Smith . I am servant to the keeper of Bridewell. When Matthew Polland was committed, I asked him what he came for; he said, Only for a bag of half-pence, and said nobody would have known any thing of the matter if they had not said to drink some liquor; he said he was afraid of nobody but one Jones.
Q. What coat had he on then?
Smith. A brown coat.
Patrick Finly . Jones, Greenapron, Polland, and I, agreed to go out a robbing together; we said we would go and knock people down and take their money; Polland and Greenapron went up to the prosecutor's house; they hollowed outMatthew Polland , who we called Butterarse, to see what he had about him, when we saw it was Pagett; Polland threw the half-pence down; Pagett then cried thieves; the watchmen came round us; Jones and I ran away.
Q. What cloaths had Polland on?
Finly. A brick dust colour coat.
Q. What become of that?
Finly. I heard he lost his coat.
Q. Did you see him in that coat before he was taken?
Q. Did you see him run away?
Finly. No; I had enough to do to mind myself.
Q. What is Greenapron's name?
Finly. I do not know.
Q. Your are sure it is not Flanagan?
Q. Did you give the same account at the justices, as you have now?
Finly. Yes; I believe so.
Q. Did not you charge Flanagan with being one?
Finly. No; I said there was one Greenapron.
Q. Jones was one?
Q. That you are sure of?
Q. How came you to be taken?
Finly. I went home to my mother; she heard my name was mentioned as being taken up with such a one; she said if I did not go before the justice I should be hanged; so I went and made information of it.
Court. Recollect yourself; how many things did you give information of before the justice?
Finly. Two more.
Q. Did you give information against Flanagan in either of the others?
Finly. No; I never was along with him in my life.
Q. Perhaps you did not tell the justice so?
Q. Who is Greenapron, is not that the man?
Finly. No; I know Greenapron very well.
Q. Now this you are sure of?
Court. I will read you what you said before the justice.
"This informant being duly sworn, faith, that in the night of Tuesday the 28th of May, now last past, about 12 o'clock, he together with one Edward Flanagan , Thomas Jones , and Matthew Polland , commonly called Butterarse; went to a public house near Rosemary lane, and broke the window shutters open; then Flanagan and Thomas Jones , went into the house; and he and Matthew Polland stood without to watch."
Court. Be so good as to explain this?
Finly. They put down the wrong name indeed.
Q. You knew Flanagan was in custody at this time?
Finly. No; I did not.
Q. Was not he before the justice?
Pagett. Flanagan was the first man that was taken; he was committed to Newgate immediately.
Q. Was Flanagan before the justice at the time this man was?
Pagett. No; he was not.
Q. Did he talk about this man he calls Greenapron?
Pagett. No; he said nothing then, but of Flanagan, Polland, and Jones.
Q. Do you know he was there of your own knowledge?
Pagett. Yes; he was the first that met me as I was coming home, after the fact was done; I saw the prisoners Polland, and Flanagan, all together; Polland was in the middle, Flanagan on one side, and the witness on the other of the trees; when I caught them Polland started up and struck me; Jones was not within ten yards; there is another indictment, the prosecutor is gone to give evidence of today, against this Flanagan, from this witness's information.
Court. I would advise you, without any regard of favour to any body, tell us the truth;
Finly. No; I do not, I never drank with that man in my life.
Q. The question is, whether he was not with you in breaking open this house?
Q. How came you to tell the justice so?
Finly. I told him Greenapron, Polland, and Jones were.
Court. I know you in another robbery spoke of Greenapron being concerned, besides Flanagan?
Finly. Greenapron was concerned in both.
I was not along with them; I was going out with some of my fellow workmen; I got drunk; I went to make water; I fell asleep at the door; I know nothing of the robbery. I am a stone mason.
Pagett has got a spite against me, because I was an evidence last sessions, and wants to swear my life away.
The night this robbery was committed, (I work at the plaistering business for my living;) being out of work, I got up to go to market; I saw it was day light; I found when I got up the market was not begun; I went to take a walk; I came back just as I came to the end of Church-lane; I met with Pagett; he stoped me and asked where I was going to; I said to get my hod and shovel to go to market; he stopt me; I asked what for; he said I was not to go by myself; he gave the watchman charge of me; and bid him hold me; he was gone for near five minutes; I heard him cry out, stop thief all of a sudden; he let go of me and run after some other persons; I walked up Church lane about my business; I had not walked far before the watchman came and laid hold of me, and carried me to the watch house.
Flanagan, Acquitted .
Polland, Guilty Death .
Jones, Guilty Death .
* See Polland an evidence against Jackson, Suttle, Calligan and Earles, No. 370, 1, 2, 3, &c. last Sessions.
435. (M.) John Barker was indicted for stealing one worsted purse, value 1 d. and six guineas in money, numbered, the property of Thomas Hunt ; privately, from the person of the said Thomas , June 2d . +
Ann Scott . I am wife of John Scott ; the prisoner and another girl came into my shop in New Turnstyle, Holborn , on the 23d. of May, to cheapen a muslin handkerchief; we agreed for half a crown; the other that was with her, said, now she had given me so much trouble she had not the money to pay for it; therefore I took a shilling earnest for it; as she stood she drawed down half a dozen silk handkerchiefs; I did not see her do it. But I saw them under her cloak; after she had got out of the shop, I pursued her; one Mrs. Wildbore was in my shop, but she saw nothing of the transaction: when the prisoner found I pursued her, she threw them down Mr. Shaw a bakers cellar window, in New Turnstile.
Mary Barret . I saw the prisoner, with another young woman, in New Turnstile: a gentlewoman called after them, and then the prisoner throwed a bundle down Mr. Shaw's; cellar window; I live opposite Mr. Shaw; I went and got it out, and found it contained six silk handkerchiefs.
A young woman and I went into the shop to buy a handkerchief, we agreed for half a crown, I gave a shilling earnest, and went out; as soon as the gentlewoman called me I went back; I never saw the handkerchiefs, till I saw them before the justice.
For the Prisoner.
Guilty , T .
William Smith and Martha Walker , spinster, were indicted for stealing two child's robes, value 14 s. the property of Charles Dove , one linen shirt, value 1 s. one red flannel petticoat, value 1 s. and one linen pillow case, value 2 s. the property of Thomas Hodgson , and one dimity bed gown, value 2 s. one linen sheet, value 1 s. two linen shirts, value 2 s. two pair of cotton stockings, value 1 s. one pair of thread stockings, value 6 d. one pair of worstead stockings, value 6 d. two linen shifts, value 1 s. and one linen table cloth, value 1 s. the property of William Milman , June 14 .
Eleanor Dove . I lost the things, mentioned in the indictment, out of my yard in Mulman's Row, Chelsea , either the 14th, late at night, or the 15th, early in the morning; I take in washing; I had hung them up to dry.
Q. Who did the child's robes belong to? Dove. To a child I nursed, belonging to one Mr. Crofts in the city.
Q. Do you know what became of them?
Dove. They were carried to pawn to one Sabberton, who stopped them; they are here. (producing them.)
Jane Milman . I live in Milman's Row; I lost a bed gown, a sheet, two shirts, two shifts, six pair of stockings, thread, worsted, and cotton, and a table cloth; when Walters was taken, she said they were buried under ground at Smith's lodgings in Church-lane, Chelsea; we went there; we found them buried under the stairs.
Q. Were you, Mrs. Dove and Mrs. Hodgson present?
Dove and Hodgson. Yes.
Milman. Here is a sheet, a shirt, and two pair of stockings, and several other things which are not mine; I have not half the things I have lost.
- Sabberton. I am a pawnbroker; we had an information given at our shop in Germain-street, St. James's, that such things were stolen; in about five minutes after that information, Walker, the prisoner, offered these things to pawn. I stopped this sheet, the child's robe, petticoat, and a pillow-bier, (producing them) which she offered me to pledge; the other things I found upon her, when I took her into our parlour, wrapped up in a cloth: she first told me they were her own; then she said they belonged to a cousin of her's.
George Harrison . I am a constable at Chelsea; I had a search warrant to search this Mrs. Taylor's house; we found these things buried about three feet under ground, in the prisoner's apartment; he lodged in Mr. Taylor's house.
Q Where was he?
Harrison. I don't know.
Q. What led you to go to Smith's lodgings?
Harrison. They both live together.
Q. So this was as much in her apartment as his?
Q. And the stairs I suppose belong to the house?
Harrison. No; the stairs come very near their bed side; there is no coming at them without going into his apartments.
Q. to Mrs. Dove and Milman. Are your gardens walled:
Dove and Milman. Yes, some part of it.
I was at the King's Arms that night; I found a couple of bundles as I came home; we opened them; the next morning the woman went to London and pledged some of them; she was stopped; I heard such and such things were stolen out of a yard; I made the best of my way after her, but before I could come to her she was stopped; I went to see her, and delivered myself up to the turnkey: they took me before Sir John Fielding ; he set me about my business; about an hour afterwards they took me up again and sent me to Tothill-field's Bridewell; it was in my room where the things was; there is a back door goes out into the road.
Court. Can any body go in at that door to the place?
Smith. No, there is another door.
I know nothing of the things, only carrying them to the pawnbroker's.
For the Prisoners.
Q. Can you tell me any thing of this hole in the stairs?
Taylor. Nobody could get at it but the prisoners.
Both Guilty , T .
438. (M.) Sarah, the wife of Samuel Radford , was indicted for stealing five linen gowns, value 25 s. one pair of green jumps, value 3 s. two check aprons, value 2 s. two pair of worstead stockings, value 2 s. one silk handkerchief, value 1 s. and two linen handkerchiefs, value 6 d. the property of Peter Sowthey , March 15 . +
Dorothy Sowthey . I am wife of Peter Sowthey ; the prisoner lodged at my house; she was servant to a captain and his wife who lodged there; they went away about the 15th of March, the prisoner went with them, to another lodging; when she went away I missed several things; upon missing the things I enquired where the captain and his lady were gone to live; I was directed to Mr. Duncan's, in Hanover-yard. I went there; she had been gone about three days. I went again, and Mrs. Duncan said she had been there and left two bundles. I went there several times; at last I met her at Mr. Duncan's; I asked her how she could be so ungrateful to rob me; she told me she hoped I would forgive her, she was sorry for it; and if ever she got into place she would pay me again. I desired her to go to shew me where the rest of her things were; I went with her to one Mr. Powell's, a pawnbroker, in Oxford-road; there I found two gowns; (the things produced in court,) I can swear to the gowns; she pledged the two gowns at Mr. Powell's.
I had these things of Mrs. Eustace; I understood them to be hers; she desired me to take them and pledge them, which I did; the two gowns were very indifferent things I had only 4 s. 6 d. for them; the other two bundles were delivered to me by the prosecutor's daughter.
Guilty , T .
Mr. Frederick. That lad there, who is servant to a pawn-broker, came to me to let me know he had stopped a ring offered to him to pawn, and desired to know if it was my property; I went up to his master's house, saw the ring, and immediately knew it to be my property: this is the ring (producing it.)
Q. How did you lose that ring?
Mr. Frederick. I don't know; it was taken out of my room in the officers barracks, in the Savoy; I was upon duty at the Savoy at the time, but by whom I know not; it hung to the chain of my watch.
Q. When did you last see it?
Mr. Frederick. I can swear to it within ten days, it might be less.
Q. Might it not have dropped from your watch in the street?
Mr. Frederick. No; I had not worn the watch for five weeks; it had hung up in my room, and neither the watch nor chain were broke, nor unscrewed.
Q. Was the prisoner employed in the Savoy?
Mr. Frederick. She was employed by the woman that takes care of the barracks, to look after her children, consequently was in the Savoy, but had no business in my apartments. I never saw her to my knowledge in my life: I may have seen her about the Savoy: I never spoke to her in my life; and when I saw her at the silversmith's, it did not then occur to me that I had ever seen her in my life.
Charles Conway. I am Capt. Frederick's servant. Yesterday week when my master dressed and went into the parade. I went into his closet with some of his cloaths; I found this Mary Putnam in my master's room, where this watch was hanging; I asked her what business she had in the room.
Q. To Mr. Frederick. What day was it?
Mr. Frederick. I could tell if I had an almanack; I remember it was muster day:
Conway. It was about nine in the morning.
Q. To Mr. Frederick. About what time did this boy come to you?
Mr. Frederick. Somewhere about one o'clock.
Conway. She said she came in for a wash-hand-bason; I asked her what business she had with any thing in my master's apartment; she made no answer, but turned round, and went away, I thought, into the kitchen, but I did not observe. Between twelve and one this young man came down and asked for the woman to come up and take the child from Mary Putnam ; it was a child she was hired to take care of; it was the woman's child that cleaned my master's apartments. As soon as ever the lad came down the second time, my master came; I asked him if there was not a ring at his watch. I think, about three or four days before that I had seen the ring; they told me she was stopt with the ring.
Thomas Wenman . This girl came to my master's house, Mr. Heather, at the corner of the Savoy steps; she offer'd this ring to sell to me; it was yesterday week; it was about eight o'clock in the morning; my master is the pawnbroker; she offered it to sale; I gave her four shillings and six-pence for it; it was a gold ring: she asked me if we sold wires for the ears and ear-rings; she said she could not afford to pay all the money for a pair at once, but she would pay so much a week: they cost three shillings: she said she wanted to buy a pair of shoes with that money: she went away without the wires, and came again about two hours afterwards: I shewed her six pair of wires; she could not get them into her ears; she wanted to look at a glass; my master's mother took her into a room to a glass; I told her to leave all but one pair; she could not get them into her ears: she came again, but did not give the rings back: she then took another pair, and never returned them she took first: I asked her where they were; she said they were the pair she took last; we searched her in the parlour, but could not find them; we looked for them all over: I went to my master, and told him; he came down, and looked over the child again, and there found the wires: I shewed my master's ring, and he stopped it; he asked her where she lived; she said she looked after that child that was the woman's at Mr. Frederick's: my master would have sent to Mr. Frederick to know if it was his ring: when the maid came up, she did not know any thing of the ring, or that she had ever seen it. I went down then for Mr. Frederick; I saw his servant; he took his master's watch to him? he described the ring, and found it was his; my master sent for a constable, and secured her.
I used to be at Mr. Frederick's to do things for the maid: one morning as I was going for some wood to light Mr. Frederick's fire, and the kitchen fire, I found this ring at the top of the Savoy hill: I then went to the silversmith's shop: I went to a shop at the corner of Southampton-street, and asked if it was gold; he said it was worth no more than one shilling: I went to another place to a pawn broker, and he lent me three shillings upon the ring: then I took it out two or three days after, and sold it to this man for four shillings and six-pence. I never was in Mr. Frederick's room that his cloaths were in.
Guilty , T .
440, 441, 442. (M.) James Saytuss, otherwise Dumb O Jemmy , Frances Allen , and Sarah Becks , were indicted for breaking and entering the dwelling house of Frances Bradshaw , widow, on the twentieth of June, about the hour of one in the night, and stealing two silver candlesticks with silver nosles, value 10 l. one silver waiter, value 3 l. one silver table spoon, value 8 s. one mahogany tea chest, two table cloths, value 4 s. and one black silk hat, value 2 s. the property of the said Frances; and nine white linen aprons, three coloured aprons, value 3 s. one cotton bed gown, value 5 s. two silk handkerchiefs, value 6 s. one linen handkerchief, value 6 d. one flannel petticoat, value 1 s. one pair of linen sleeves, value 6 d. one black silk hat, value 1 s. and one pair of womens shoes, value 1 s. the property of Samuel Hatton , in the dwelling house of the said Frances . +
"When Saytuss was brought to the bar to be arraigned, he appeared to be deaf and dumb. The judge directed the sheriff to impannel a jury to try whether he was dumb
Frances Bradshaw . I live in Little Queen Ann street, Marybone . On the twentieth of June we went to bed about a quarter after one; I was alarmed with the dog, but I dared not go down. I lost all the things mentioned in the indictment as mine; the other things belonged to my servant, Abigail Hatton , who is a married woman. I was the first that went down; I found the area door and the kitchen window forced: I found a knife they had lifted up the bar with.
Q. Did you know either of the prisoners before?
Q. What time did you go to bed on the night of the 19th of June?
Hatton. About one o'clock.
Q. Did you fasten the window?
Hatton. I bolted the door, and tried the kitchen window; it had a bar across it; the bottom was forced.
Q. When you went down in the kitchen what did you observe?
Hatton. The kitchen door and window were open; the door seemed fast.
Q. How was the kitchen window?
Hatton. The bar seemed to be lifted up with that knife.
Q. Why do you think so?
Hatton. I tried it afterwards myself, and lifted the bar up.
Q. Did you lose any thing?
Q. How came you to think of searching her feet?
Hatton. She left a pair of her own shoes for them, which my mistress had given her some time ago.
Q. Were either of the prisoners any of them?
Q. Did you see the man there?
Surrey. When I went to get the horse I went into my yard; I saw feathers about the yard; I suspected somebody had been stealing my fowls; I suspected these people I saw had stolen them. I went into the Rope walk again, and there I found three more: Dunny Jemmy, Thoma Molloney (not in custody) and Frances Allen ; I suspected their stealing my fowls, because they had a bundle. I rode my horse as far as the bar, which was as far as I could; then I pursued them on foot; they seeing me coming, ran off; after that they seemed to stop. I did not like coming up to them; in the middle of the field I stopt too. I saw Dumb Jemmy give the bundle to Frances Allen ; they went to the dunghill, and there seemed to separate. I saw Molloney run over the dunghill on the left hand from Tottenham Court Road. I came up to Allen; she had the bundle; I charged her with having my fowls; she said she had nothing but her own. I continued pursuing them; I took Dumb Jemmy and Jennings; I called for assistance; William Hamilton came up.
Q. How long were they at the dunghill?
Surrey. Not long. I insisted upon Hamilton going with me to the dunghill; I expected to find my fowls there. I went there; I found a silver spoon; the next thing was a silver waiter: I shewed them to the prisoners, and asked them how they were marked; they could not tell. I charged the constable with the two men first, then we took the women into custody; they were taken to the round-house: they did not deny it before the justice. Dumb Jemmy was not called to the bar.
Q. How did they do to make Dumb Jemmy understand?
Surrey. He was not asked any questions. I asked him about my fowls; he said,
William Hammerton . I am a watchman; I saw the last witness on the twenty-first of June very early. I was calling the hour of three; he called to me to stop them: I stopt Dummy Jemmy and Jennings; he said they had got his fowls: I took them back to the dunghill; we went there: he picked up a silver spoon first; the next thing was a silver waiter; that was all that was found at that time. We took them to the constable; the two women were gone another road. We took the dumb one to the watch-house, the other we took to pursue after the women. Jennings went with them to shew us the door where the women were to be taken.
Q. Had not you some information from Jennings?
Hammerton. A little; he desired to be admitted an evidence; I said, after some time, I thought we had better go again to the dunghill. The constable said, he thought it was not worth while. I went back; the other watchman, Green, went with me. I poked my stick into the dunghill, and poked out this candlestick (producing it) I brought it down to the constable.
Q. Was you acquainted with Dumb Jemmy before?
Hammerton. I have seen him in the street before, but never conversed with him.
George Green. I am a watchman. I was upon my stand. I went, upon Mr. Surray's calling out to assist. I saw the candlestick found.
Q. Did you ever see the prisoners before?
Green. Not that I remember. I was at the taking of the women. Allen delivered me that hat and apron: she put her hand in her bosom, and took out a pair of silver nosles for candlesticks: the three girls were by at the same time.
Q. Did you find any thing upon Beeks?
Green. No. (The nosles are tried, and fit the candlesticks exactly.)
William Hawthorn . Between three and four o'clock on the twenty-first of June, Surray and two watchmen, and another who is not now present, called me up. I threw up the sash, and saw Dummy Jemmy. I had never seen him before to my knowledge. I saw in Surray's hand this waiter and silver spoon. Jennings said, if we would admit him an evidence, he dared to say he could take all the rest. I told him it was not in my power to admit him an evidence, but if he would shew me where to find the others, I would speak to the justice for him to be admitted an evidence. He asked if I would go after the girls first; I said, By all means. He took me to a house near Hog-lane: he asked at the parlour door, if Sall was come in; they said, No. He went up one pair of stairs, and asked there; they said, No. He came down, and looked into the yard, and said they were there. He desired not to be seen himself, but told us to go into the yard. We went into the yard; there the three women stood. I saw the parlour door open as we came in, and saw it shut afterwards. I thought they might be there; I forced the door open where the old woman lay: I said, Where is the bundle that was brought in here? She said, God bless you, Sir, it is under the bed. Allen gave the watchman the two nosles of the candlesticks, that hat, and an apron or two I found in the bundle.
Q. Did you see Allen give the nosles to the man?
Hawthorn. I did not; I was searching about the room. They were all tied together in one bundle, except the tea-chest, that was dropt on the road, and picked up by a carpenter. They are separated, Mrs. Bradshaw's and the maid's in two bundles; they were in one before.
Court to Hatton. Look at the things.
Hatton. These things are mine (repeating them) I carried the woman to the round house, and went with Jennings in search of the other women, but could not find them. I put Jennings in the round-house, and then went to Mrs. Bradshaw's and alarmed them. When Allen and Beeks were examined before the justice, they acknowledged that she had waited upon Jennings three or four times, in order to break open this house. Jennings had told his story then, and they acknowledged it.
Q. Were there no threats or promises?
Hatton. No; none. The justice asked whose knife that was; Beeks said it was Altop's. Jennings was asked if that was true; he said, No. Beeks pulled it out of her pocket, gave it him, and he gave it to Allen; then she owned that it was hers. Allen owned that he opened the shutters with that knife.
Q. Did Saytuss say any thing?
Q That expression, Not me, might fit any other question as well as that.
Hatton. By his answer I apprehended he understood that question.
Q. Was you in company with them on the twentieth of June?
Jennings. Yes; we went to the Noah's Ark; I, Altop, Dumb Jemmy, and Malsoney.
Q. How came Dumb Jemmy to be there?
Jennings. He waited at the Noah's Ark, by appointment, for me.
Q How did he understand you?
Jennings. I made motions to him to follow me.
Q. What was consulted then?
Jennings. To go to Mrs. Bradshaw's house. Allen said, if he would not go, she would go by herself.
Q. How did you make him understand that he was to go to Bradshaw's?
Jennings. By motions how to get him in to be lifted over the rails, to undo a door or window.
Q. That he was to break open the house?
Jennings. Yes. We went away about half an hour after ten, and were there by eleven.
Q. Who went?
Jennings. I, Thomas Malloney , Saytuss, Allen, and Altop. We got there by eleven; Allen said they were up; we went into the fields till one o'clock, then Frances Allen said they were all a-bed. Dunny Jemmy went over the rails first, Thomas Malloney afterwards. Dunny Jemmy lifted up the sash of the window; there were no outside, there were only inside shutters; they tried to open them, but could not: they desired us to lift Allen over; I and Thomas Altop lifted her over; I gave her the green handle knife that has been produced, which I had from Sarah Beeks ; Allen put the knife through, lifted up the bar, and the bar dropped; she then shoved the shutters open, and went in; Thomas Malloney and Dunny Jemmy followed; they shut the shutters to, and I walked about: it was about half after one.
Q. How long did they stay?
Jennings. Better than an hour. There was a woman looked out at her window, and saw us walking about; she called the watchman to her door. When the clock struck three, while the watchman went his rounds, they came out. Allen came out of the house; I was in the fields when she came out, she had a b undle and two silver candlesticks with the tops. Dunny Jemmy came out first, to see if the way was clear about, a quarter of an hour before the others; then Allen, and then Altop came out. Malloney had the waiter, the spoon, and tea chest; I took the tea chest out of his hand, and put it into Beek's hand. Dunny Jemmy took the bundle from Frances Allen , and Malloney kept the waiter and spoon and marched on, and I took the candlesticks from under Allen's petticoat; one I delivered to Salter, the other I carried. We got across the rope walk; we saw Mr. Surray riding after us; we ran away. Dunny Jemmy delivered the bundle to Frances Allen ; I took the two nosles out of my pocket, and delivered them to her. Dunny Jemmy, just as we came to the dunghill, snatched the candlestick out of my hand, and buried it in the dunghill. I went on, and Thomas Malloney took the waiter and spoon out of his pocket, throwed them down, and covered a little dirt over them. Thomas Altop made off with the other candlestick. This man, Surray, followed us till we came to Tottenham-court Road. Sarah Beeks dropped the tea chest in the road.
Q. How long have you known Dunny Jemmy?
Jennings. Two or three months.
Jennings. You did. I met the women at the French 'Change, there we agreed to go and commit this burglary.
Q. You settled your plan there, who should go into the house?
Jennings. No; at the house. Dunny Jemmy made motions, first, to get over.
All three Guilty , Death .
443. (M.) John William Martin was indicted for stealing four plains, value 4 s. two draw borers, value 1 s. six graving gouges, value 1 s. and one augur, value 1 s. the property of Thomas Phillips , June 10 . +
Thomas Phillips . I worked with Mr. Williams; I had left a chest of tools upon Saturday night, the 8th of June, in my master's shop; I came there about five o'clock on Monday morning, I observed the chest broke and some of the tools taken out, and particularly the tools mentioned in the indictment; I am sure they were in the chest on Saturday night; upon looking further, I found the shop had been broke open, a board was taken out near the end of the chest, about four in the afternoon; I heard of them at one Mr. Blassan's; I went up to him; they delivered me the things mentioned in the indictment, they are my property; (produced in Court.)
- Blassan. I am a carpenter; I went to work about five o'clock; Philips came to me and told me he had lost his working tools, out of his chest; in the afternoon as I was going to the shop, two little boys came to me and asked if I had lost any tools, they brought two plains; I said, I believed I know who had: I sent to Mr. Phillips; he came, and then the boys shewed me where they found them; with looking about, I found the augur; it was upon a dunghill, very near the shop; having discovered them in the dunghill; and having received the account from the boys, thought it proper to advise the prosecutor to let them remain there; and watch to see who would come for them.
Phillips. In consequence of that advise I did watch; I left two plains there, and watched till about 10 o'clock, when a man came down the street and went behind a cart near where the tools were concealed; he went away again' I missed him at that time; he came again' and then seeing him search under the cart, looking backwards and forwards; I seized him, and found one of the plains in his pocket; which I produced; I charged him and he denied it: I promised to let him go, if he would bring me to the rest of the s, he confessed they were at one William Nicholson 's next door to the Three Tuns, in Turnmill street; I went there, Mr. John Nicholson went with me; and we there found the rest of the things that have been produced.
John Nicholson . Phillips came to me about five in the morning; he began talking about the tools he had lost, and mentioned the prisoner, who lodged at his father's house, he says he had lodged there a twelvemonth. Phillips having told me that these to were up in a closet in his room, I went to see if the door was open, found it was a-jar, I went into the room, the wife was in bed, I opened the closet door and found the tools.
I found these things one morning as I was going to that place to ease myself.
Guilty , B .
John Sharpe . I am a publican at Hammersmith . I had a five shilling paper of half-pence in my tap-room; I had brought them there to give change; the prisoner and two more came in with glass decanters, and wanted me to purchase some; I found them short of measure, so I would not buy them; they said they must earn their living; after they had taken away the decanters I missed my halfpence; I asked them if they had seen my halfpence; they said they had not; and desired I would send for a friend of mine that had been there, and said he might have taken them out of fun; I sent for him; before he came I found the halfpence in the bottom of the prisoner's coat pocket; he said he took them to play the rogue: The prisoner was, before that, uneasy, and said he wanted to go backwards; I desired him not to go out; he sat down; afterwards he
I know no more of it than the child unborn. I believe somebody might have put them in my pocket. I was not sober. I am a saddler by business, I reside at Deal. I came up from Deal to get work at Putney.
For the Prisoner.
Francis Goodwin . I am a brewer in New-street, Shoe-lane; I have known him a twelve month: I have seen him about at houses I frequent in the brewing way; he was a serjeant in Elliot's light horse: he was a remarkable brave soldier, he has had a cut in his head; and when in liquor he is almost out of his senses.
- Meers. I am a coachman; he inlisted me in Elliot's light horse: he then bore a good character: I have not known much of him since.
Guilty , B .
446. (M.) Mary, the wife of Joseph, Brown was indicted for stealing one linen shift, value 4 s. one linen apron, value 2 s. one double long lawn handkerchief, value 2 s. and two linen caps, value 1 s. the property of Elizabeth England , widow , June 7 . *
447, 449. (M.) Wm. M'Cloud , and Jane, the wife of Peter M'Cloud , were indicted for breaking and entering the dwelling house of Esther Ball , widow , on the 23d of January , about the hour of four in the night, and stealing one linen table cloth, value 1 s. one small trunk, value 1 s. five pair of cotton stockings, and one pair of worsted stockings, value 3 s. five check'd aprons, value 2 s. four linen shirts, value 2 s. and two cotton handkerchiefs, value 1 s. the property of Esther Ball , in the dwelling house of the said Esther . +
Both Acquitted .
They were a second time indicted, William M'Cloud for stealing one cotton gown, value 5 s. the property of Samuel Pell , and one linen gown, value 5 s. the property of John Allison ; and Jane M'Cloud , for receiving the same, well knowing them to have been stolen , Feb. 7 . +
Both acquitted .
They were a third time indicted, William M'Cloud for stealing two linen shirts, value 5 s. the property of Mary Jones , widow; and Jane M'Cloud for receiving them, well knowing them to have been stolen , December 24 . +
Both acquitted .
449, 450. (M.) PEter Murphy and Silas Goddard were indicted; the first for the wilful murder of John Atwood , and the other, for being present, aiding, abetting, comforting, supporting, and maintaining him, the said murder to do and commit . *
They likewise both stood charged on the coroner's inquisitions, for manslaughter.
Breese. Yes: he was a runner at Clerkenwell Bridewell ; that is, to take the prisoners up to the justices for examination, and the like.
Q. Did you ever use to assist him?
Breese. Sometimes; about two months ago I was at justice Welch's office; Atwood asked me to go along with him to take one Murphy, who had escaped out of Clerkenwell Bridewell; we took him out of a house in King-street, Seven Dials.
Q. Did Atwood know the man's person?
Breese. He said he knew the man; we went to a house; we enquired for him, and he came down stairs to us.
Q. Are you sure the prisoner is the person?
Q. Was the prisoner Murphy present then?
Breese. No; Atwood was going to put him in the round house till morning, for making his escape; we got him just to the corner of King-street, then they struggled together: they collar'd one another, and both fell down: while they were down the prisoner Murphy came and jumped with both his feet upon Atwood's breast.
Q. With much or little force?
Breese. Middling. Then Peter Murphy took the stick out of Atwood's hand, and hit him over the head with it; and then hit him in the mouth, and knocked one of his teeth out.
Breese. No other provocation than seizing his brother; then he beat him over the ribs.
Q. What did you do?
Breese. Goddard took me away and kept me in hold; I was about a yard off from him; there was Goddard and some other people, a fort of a mob, round me; they would not let me go to assist Atwood.
Q. You are positive you saw all this very plain?
Q. You say he continued to beat him some time; how did this end; when did he leave off?
Breese. After he had given him some blows over his ribs with his own stick; Murphy made his escape; then the Murphys made off,
Q. You was not beat, was you?
Breese. Not then.
Q. Did Atwood complain?
Breese. Yes, very much, of his ribs being sore with the blows he had received; his jaw was broke.
Q. How do you know it was broke; it might be bruised perhaps?
Breese. The apothecary said it was broke; then we parted and he and I went home.
Q. How long did he live after this?
Breese. I believe about a fortnight; but he always complained of the wounds and bruises; he chiefly complained of his ribs.
Q. Not complain much of his jaw?
Breese. No; chiefly of his ribs.
Q. Did you see him often?
Breese. Yes; he always complained.
Q. Did he keep his bed?
Breese. I mostly saw him in bed.
Q. You know nothing whether any body had made their escape or not?
Q. Did Atwood strike any blows at all?
Breese. No; not one.
Q. Was Murphy stronger than Atwood?
Breese. Yes: after the other Murphy got away from Atwood, he made his escape.
Q. Did Goddard do any thing further than holding you?
Breese. He struck Atwood once with a stick.
Q. With what stick?
Breese. With my stick; he took it from me.
Q. What is Goddard?
Breese. He keeps a cheesemonger's shop.
Q. Did he give you the stick again?
Breese. No; he broke it, and threw it away.
Q. What had Atwood like to have got the better of Murphy?
Q. But how is that, if he never struck him at all?
Breese. They got hold of each others collar and fell down together.
Q. You say Atwood never struck Murphy?
Q. Then what should induce Goddard to leave you to strike Atwood?
Breese. He left me in the care of a brewer's servant; and two or three more people.
Q. Was any cry raised upon you; what did they say you was?
Breese. They called us thief-catchers.
Q. What number of people were there gathered about?
Breese. A great mob.
Q. All the mob were against you, I suppose?
Breese. Yes; every one.
Council. Before I ask you any questions, let me remind you that you are upon your oath, and must speak the truth. - What time of the day was this?
Breese. Between eight and nine at night.
Q. Was there any constable with you?
Q. Had you any warrant?
Q. You went to Goddard's house?
Q. What did you say when you went?
Breese. We said we had a letter from Murphy's brother on board a ship; he came down to us.
Q. Did he invite you to eat and drink?
Breese. Yes; but we would not go to up stairs.
Q. Is the prisoner the man that invited you to eat and drink, or the other man?
Breese. Not the prisoner; the other Murphy.
Q. Did you say you had any authority to lay hold of him?
Q. How did Atwood behave to him?
Breese. He laid hold of him by the collar.
Q. Did he tell him what he came for?
Breese. He said, to take him for escaping out of Clerkenwell.
Q. Did not he repeatedly ask you to shew your authority?
Breese. He did.
Q. How far did they drag him?
Breese. To the end of King-street.
Q. Will you swear positively that the prisoner Murphy jumped upon Atwood as he lay upon the ground?
Q. What did they say?
Breese. They said, Knock them down.
Q. For what?
Breese. Because we took him upon a wrong cause.
Q. Did Murphy do any thing more than endeavour to get away?
Breese. No; only in doing it he knocked him down and the like.
Q. The next morning you took Murphy, the prisoner, at his lodging?
Q. Where did you take him to?
Breese. To Justice Welch's office.
Q. What passed there?
Breese. We took him there with a warrant; he charged Atwood with dragging him about in the street in a wrong cause.
Q. Did Atwood say that Murphy had struck him?
Breese. Yes; that he received the blows from Murphy.
Q. Did not he say he received the blows he could not tell from whom?
Q. What did the justices say to you; several justices were there I believe?
Breese. I cannot remember.
Q. Did they say you and Atwood were right or wrong in what you had done?
Breese. I cannot say.
Q. Did they discharge the warrant?
Breese. They bailed him.
Q. Bailed or discharged him?
Breese. I cannot rightly say.
Q. Did not Peter Murphy, the prisoner at the bar, Atwood the deceased, you, and some other people, go to a publick house in the neighbourhood?
Breese. Yes, to the White Hart.
Q. Was not the matter made up there?
Q. Did not you shake hands and part good friends?
Breese. I did not; they did.
Q. Was his jaw known to be broke at that time?
Breese. Not then.
Q. Had you a Murphy in Clerkenwell Bridewell that made his escape?
Q. What is his name?
Q. How long before had he made his escape?
Walbank. I believe about two or three months before Atwood was one of our runners.
Walbank. But a few hours.
Q. Have the runners access to the prisoners?
Walbank. Sometimes; Atwood knew this Daniel Murphy very well; I have heard him often talk that he knew him and his brother for some years before he was a prisoner. He came home much bruised; he had a cut a-top of his head, and a violent blow upon his jaw, which appeared afterwards to be broke.
Q. Did he tell you how he came into that condition?
Walbank. He told me it was by retaking of Murphy.
Q. Did he relate any part of the story to you?
Walbank. He told me he had taken him, but he was rescued from him in the street; some considerable way from the house; he said they jumped on him, and beat him, and rolled him in the kennel; he declared that the brother that came down the next morning was not the Murphy he had taken, but his brother: that he knew him very well.
Q. He did not mention any person in particular?
Q. What is your method when a person escapes; do you get a warrant and take them before a magistrate or how?
Walbank. We take them; we apprehend we have authority under their old commitment.
Q. These runners are officers belonging to the prison I suppose?
Q. Suppose any person escapes out of your prison, who is sent to retake them?
Walbank. We go that have the best intelligence, and are most likely to take them again; we went next morning to Mr. Welch's office.
Q. For what?
Q. Did he get the warrant?
Walbank. I was not there; this Murphy came and represented himself as being the Murphy that Atwood took first; but he said to the hour of his death that this was not him; he declared he had hold of the right man; it was reported that he had taken Peter instead of Daniel.
Q. How long after these blows did he die?
Walbank. The 24th of May; twenty-four days after he received these bruises: he constantly declared that the ill usage he had received was the occasion of his death; he was very sensible to the last hour.
Q. The usual employment of these runners, I understand, is to take the prisoners from the prison to the justice's and back again?
Q. Had Atwood the commitment about him by which Murphy was committed?
Walbank. He was committed by order of the court.
Q. Had he that order about him?
Walbank. I do not know.
Q. Do you know of any charge being given to Atwood to take Murphy into custody?
Walbank. A charge to take him wherever he could find him.
Q. Did you hear such a charge given him?
Walbank. No doubt but my master gave him a charge as he had made his escape.
Q. Pray was you present at the justices next day?
Q. The deceased was often in scuffles, being a runner in taking prisoners?
Walbank. I never knew him to get hurt; he was never capable of doing any thing afterwards.
Dorothy Atwood . I am the deceased's widow; he came home to me very bad the next night after it was done; he did not come home the night it was done at all; but staid at Clerkenwell Bridewell; he complained of blows he had received in his body, and on the top of his head, and the side of his face; he complained all over him; but chiefly these places. He complained of a violent pain in his back, head, and belly.
Q. Did he keep his bed any time?
Atwood. Almost a fortnight.
Q. Had there been any thing else?
Atwood. No; he complained of no other cause; he often declared that the blows he received would occasion his death.
Q. Did he declare of whom he received these blows?
Atwood. He never could remember who struck him.
Q. Did he tell you the cause of the fray?
Q. Are you sure he told you he took Daniel?
Atwood. Yes; he said he knew him very well, and had known him some years; he died the 24th of May.
Q. Was his body opened?
Q. Why not?
Atwood. He was so mortified nobody would care to open him.
Q. Who attended him?
Atwood. Mr. Burnet, an apothecary, in St. John-street.
Q. Where do you live?
Atwood. In golden-lane.
Q. Was your husband sensible till near his death?
Q. Was you before the justice?
Q. He said so there?
Q. But thought it was Daniel Murphy he had taken into custody?
Atwood. He said he was sure of it.
Q. He knew Daniel only I believe?
Atwood. He said he knew them both.
My landlord called me down stairs and told me there was somebody wanted me; it was this Atwood: he said he had got a letter from my brother on board a ship. I came down; I saw the paper in his hand. I asked him to eat and drink with me; and this Thomas Breese . He refused; he said, Come out and I will shew you the letter. When I came out the deceased laid hold of me and dragged me away; he would give me no satisfaction what he took me for; they never said that I had made an escape; they told me they would dash my brains out if I would not go with them; being a powerful man he knocked
I am an innocent person; I know nothing of it any further than being looking at them, as other people were; It was close by my house; they brought him a letter; he was a lodger of mine; I called him down stairs; I had nothing to do in it. I did not assist in this fray any further than looking on, which I have witness here to prove.
Q. to Breese. You always told the same story you have now done about this; did you?
Q. Did you mention any thing before the coroner of Murphy's coming and stamping upon his breast?
Breese. I did not mention it before the coroner.
Q. Why did you not mention it then?
Breese. I did not think of it then.
Q. Was you at home the 18th of April last in the evening?
Rogers. I was.
Q. Did you see any body lay hold of another person?
Q. Who was it?
Q. Was that the man?
Q. Was he a lusty man that laid hold of him?
Rogers. Yes; more powerful than the prisoner at the bar.
Q. Did you hear what pass'd between them?
Q. What did you see them do?
Rogers. Drag him along the street.
Q. Was there a lusty man that had hold of him?
Rogers. Yes; more powerful than the prisoner.
Q. Did you hear what passed between them?
Rogers. The more powerful man had Murphy by the collar, dragging him along; they both had hold of him.
Q. Did they pull him along violently?
Q. Was his cloaths pulled off?
Rogers. I know not.
Q. How far did they drag him?
Rogers. To the further end of the street; thirty or forty yards.
Q. Did they ask him any questions?
Rogers. I did not hear them.
Q. Had they any arms?
Rogers. They had.
Q. Had he a hat on?
Rogers. No; he had not. I went afterwards, and Murphy had got from them: he had no stick, or any thing in his hand.
Q. Had they hold of any other man before him?
Rogers. I saw them have hold of no man but Peter Murphy : when I went again, the prisoner was got from them; he was standing at the corner by himself. I saw Mr. Goddard looking over the people's heads: he was standing there: there was one of Murphy's shoes; I desired him to take it up.
Q. Was you present when Murphy was disengaged from the man?
Q. Did you see any fighting?
Rogers. I did not.
Q. Was you in King-street?
Locke. No; I was in a street joining to King-street; there I saw the prisoner at the bar, and a lusty man, pulling one another about in the street; I heard him say, Let me go; and he would not: they had each other by the collars: when he asked him to let him go, he said he would not till he went with him; he was his prisoner: they asked if he could shew any authority for taking him; he could not that I saw.
Locke. I was.
Q. Did he get away as fast as he could?
Locke. When he had loosed himself he went down King-street as soon as he could, and as fast.
Q. Do you know Mr. Goddard?
Q. Did he take any part in this?
Locke. I did not see that he did.
Q. Did you see the other man there?
Q. Had Mr. Goddard any body in custody; or was he only a spectator?
Locke. Only a spectator.
Q. Did you see Murphy at the time he first laid hold of him?
Locke. No; only I came down by accident; the first time I saw them was when they were collaring each other; it was about forty yards from Mr. Goddard's door.
Q. Did not you attend him before?
Mr. Burnet. No. He had a quick pulse; a great heat, and great difficulty of breathing. Upon my enquiring if he had any particular pains, he told me the small of his back was considerably affected; I judged, his kidneys: I found his water black: I judged there must be some degree of putrefaction: I thought it impossible that his life should be saved. I sent my servant to take some blood from him.
Q. Is that a certain sign of putrefaction?
Mr. Burnet. Yes; except in a jaundice, it is generally allowed so.
Q. Did he say how he came by it?
Mr. Burnet. He said he had had a beating; I did not enquire particulars: he was then almost a dying; he died the next day.
Q. Did you examine the outside of his body?
Mr. Burnet. Not at all; I found him so near death, I did not chuse to disturb him. I advised him to be reconciled to what would shortly happen. I saw no possibility of his life being saved.
Q. Did you see any mark upon the side of his face?
Mr. Burnet. Yes; after his death: I saw it when alive, but did not examine it; he had a poultice upon the side of his face.
Q. You did not examine the jaw?
Mr. Burnet. After his death I did, and found his jaw was fractured; there is no dispute of that; the right jaw.
Q. You did not open the body?
Mr. Burnet. No; his wife informed me the coroner would sit upon his body: on Monday I said the body should be opened; she brought me back word she did not chuse it should be done till the coroner came; then there was such a state of putrefaction, that no gentleman would have chose to open it: the coroner did not sit till Monday evening, about nine o'clock.
Q. to Walbank. How came the coroner not to be sent for sooner?
Walbank. He said he was obliged to go to Chiswick upon some affair that happened there; and the next day being Sunday, he could not come till Monday.
Q. to Burnet. Upon the whole, by what you saw of it, without opening the body, what do you imagine to be the occasion of this man's death?
Mr. Burnet. I could very readily answer your lordship's question, did I not consider that this man, since the accident, had been confined in the Compter; how far that might produce a fever is impossible to say; he was in Wood-street Compter; it was for serving a Compter warrant in the city, or something of that sort, and, I believe, was only discharged the evening preceding my attendance.
Q. Did you observe any bruises?
Mr. Burnet. Only those common bruises that will be after a body is dead; the blood will settle.
Q. You are pretty clear the fever was the cause of his death?
Mr. Burnet. Yes; I would be very tender in my evidence, when I consider the lapse of three weeks; his jaw was fractured; I believe there was a cup full of atter ouzed out when I touched it with my finger.
Q. The colour of the water is an indication of a putrefaction?
Mr. Burnet. Yes; his wife mentioned to
Q. If the kidneys had been so putrefied as to have occasioned the water to be black all along, do not you think he would have died before that time?
Mr. Burnet. The putrefaction might spread; I don't say it was of that colour at first; it was then the colour of the grounds of coffee. Had he not been sent to goal, I should have thought it came from the bruises; but it might arise from a fever occasioned by the confinement.
Q. to Mrs. Atwood. When had your husband any of this discoloured water?
Atwood. The day after he received the blows.
Q. You did not tell me any thing before of his being confined in the Compter; how came you to conceal that?
Atwood. I did not know I had any occasion for it; he was very bad before he was had to the Compter; he was had there a week before his death; he died on Friday; he was in from Friday till Tuesday.
Q. Was he in a very bad way when he was carried there?
Atwood. Yes; very bad; he never was out of his bed; he had kept his bed but one day before he was there.
Q. You told me just now he kept his bed a fortnight before his death?
Atwood. It was near about that; he was in bed in the Compter all the whole time; his water grew black the day after the blows, and continued blacker and blacker till the day of his death.
Murphy. I was told this man fought in the Compter.
Court. Have you any witness of that?
James Lock . I saw Murphy strike the man with the stick to get away from him; I saw him strike him upon the head; one time the stout man, Atwood, threw Murphy down. I saw no blows but them upon the head.
Q. What sort of a stick had Murphy?
Lock. A middling stick. I saw no blows pass but Murphy striking him a blow or two upon the head; the man was never down: a s soon as Murphy got loose, he went into King-street; I went home to my house; I saw no blows upon the side at all: I saw three blows, and no more: as soon as ever he could get away he went about his business.
James Williams . I deal on coals, and live in St. Giles's. I was standing at my door; I saw two men pulling the prisoner Murphy along by the collar. He said, What do you pull me for? I said, You shall know what it is for. As they passed my door he said, I will know what it is for before I go much further. They went into St. Andrew's-street; there they pulled his shirt and coat over his head. I don't know whether Murphy had not taken a stick out of one of their hands to defend himself; the two men had both sticks in their hand when I first saw them.
Q. Did Murphy throw the other man down and stamp upon him?
Williams. I never saw any thing of that sort.
Q. Did it appear as if what he did was in his own defence?
Williams. I thought so.
Q. Did Murphy knock the other man down?
Williams. I saw only one of them down. I saw no blows but on the head.
Q. No blows on the side, or the face?
Williams. None at all.
Q. How came Murphy to wrench the stick out of his hand?
Williams. I cannot tell whether he got it out of his hand or the other man's that was with him.
Q. to Lock. You cannot say perhaps what blow was given to Atwood during all the time he was there?
Lock. I saw no blows pass but three, given by Murphy, the whole time I was there. The mob was gathered together before I came down great St. Andrews-street.
Q. Then there might have been blows and bruises several times before you came?
Lock. For what I know.
Q. You told me at first that you saw the prisoner Murphy, and a lusty man, collaring one another; that Murphy asked him what
Lock. Not that I saw.
Court. Don't you see the inconsistency of this butcher's evidence; for if he did not see the beginning, the whole of it cuts the other way; for it he did not see them first, he is not sure but that the deceased might have struck Daniel first.
Sanders. There was a mob there; when I came I heard a noise; I ran out of the shop to see what was the matter; I saw a stick lifted; I did not know by whom.
Sanders. No; I could not see, there was such a mob.
Q. How old are you?
Sanders. Fifteen, in October.
Q. Did you see the first of this?
Cawthorn. No; I saw nothing about murder; I only saw Mr. Goddard.
Q. Did you see him do any thing?
Cawthorn. No; he stood like another person.
Court. Did you see him taking care of any body?
Cawthorn. No; he stood like another person.
Court. As the justices are so good as to attend, it will be best to have all that from the justices.
Mr. Welch. The prisoner has made a mistake, he has made me present in the first instance, whereas I was not.
Charles Carter . I am a clerk to the rotation office: John Atwood applied to me in the evening, and told me he had information where Daniel Murphy was, who had escaped out of goal; I told him to be careful to see he had his right man, and to take proper people to secure him, if he was the right man.
Court. Is that the usual method in case of an escape?
Carter. Yes: he was committed by the court; I heard in the morning that he had been beat very severely; about ten or eleven o'clock he came up to the office, the magistrates were then sitting, in order to get a warrant out against the people who had assaulted him in that manner; he said he had two teeth beat out, and his head and face were swelled very much, he said he wanted a warrant for the brother of Daniel Murphy ; the brother of the person whom he went to apprehend, and against Goddard; I enquired whether he could prove that Goddard struck him; he said no, he could not, but he went upon Breese's evidence, who, he said, could prove that Goddard-struck him several times with a stick; the ground of the warrant was for rescuing Daniel Murphy , who had escaped out of gaol.
Carter. Please to let me go on: the officer went, and it was about three o'clock in the afternoon, that Peter Murphy was brought up to the office handcuffed; the deceased did not go with the person, but Breese went, who had been the night before, as he knew the house: upon that Peter Murphy was taken up; as I had seen Daniel Murphy several times before, I said to the deceased, Atwood, do you call this Daniel Murphy , he looked at him and said, it was the wrong man; I said, is this the man you took for Daniel Murphy ; he said I verily believe it was another man I took last night; I said if you took this man it is a wrong man; the justices were gone to dinner; I ordered them to take off the handcuffs; the man said he was the person who the night before had been taken into custody, and had rescued himself from them, as he knew he had committed no offence; he asked Breese if he did not come up to him with a letter for his brother, and that he offered him some beer and cold, beef, he acknowledged it.
Q. There was no pretence then, that Peter had behaved in that way that he is now charged with?
Carter. No; at five o'clock he warrant was
Q. So you apprehend that Breese thought Peter was the man, they had taken up the night before?
Carter. Yes; and Atwood said he believed it was not; Breese said Goddard had struck Atwood with a stick.
Q. Was he always consistant in that?
Carter. Yes; the parties made him satisfaction; and they seemed very glad that it was made up, as they seemed afraid of disagreeable consequences.
Justice Cox. I confirm Mr. Carter's evidence: this matter was all made up and reconciled, and the parties prosecuting were very glad it was made up; and it appeared that Murphy had been exceedingly ill used.
Justice Welch. I knew nothing of this affair till Murphy was brought before me upon the coroner's warrant; Breese said the whole had arisen from a mistake, in taking up the wrong Murphy; I entered into an enquiry, there were two witnesses, Breese was one; I enquired how this affair came; they declared this man was taken up by Atwood for his brother; Breese told me so; they said it was the evidence they gave the coroner; I would not go further but committed the party because of the coroner's jury.
For the Prisoners.
Jeffery Bolton. I have known Goddard these five years; I never knew any thing of him but a just, quiet man.
Q. to Breese. Was you beat at any other time?
Q. Was Atwood with you then?
Breese. No; that was when we went to take Murphy from the Pantheon to Clerkenwell; he beat me, then he went to run away; I laid hold of his collar, he throwed me in the ditch and downed with his two knees in my guts, and laid hold of my throat with an intent to throttle me.
Murphy, Guilty of manslaughter , B . & Imp .
Goddard, Acquitted .
451. (M.) Terence Etherington was indicted for making an assault on John Croker , in a field and open place near the King's high way: with intent the money and effects of the said John to steal , June 9th . +
Mr. John Croker . On the 9th of June, on Sunday evening, I was coming from Kentish Town, to London; I was walking in the foot path, in the field on this side Pancrass church yard , between that and the Inoculating hospital; I heard St. Paul's clock strike seven, as I was in Pancrass Church-yard; about twenty yards before I came to the bridge, I was met by two men; they were coming side by side; I was going to make way to let them pass me, immediately they bid me stop; and each presented a pistol directly; the next word was your money; upon demanding my money; I threw myself back, and parried off their pistols with my cane; as they advanced, I
Q. Did the prisoner cock his pistol again?
Mr. Croker. I imagine not; I kept them in action; I believe they had not an opportunity: after I had made my lunge, having-but just hold of my sword, my sword went out of my hand, I flew up to him, took him by the collar and pulled my sword out of his body, with my left hand; as soon as I had done that, he never spoke but dropt upon his face; when I had drawn my sword out of his body, I was looking to see where the other was; I had lost him, I saw him behind me; I went up to him and said, d - n you, I am ready for you now, advance; as I went towards him, away he went; then he called out to his companion, d - n me, come along.
Q. Did not he see him fall?
Mr. Croker. I do not know, the prisoner lay upon the ground about half a minute; he got up and went two or three yards and down he dropt again; I did not know the consequence of my staying to take him; I went away and left him there; next day I went to Sir John Fielding 's; he said if he was not dead he must go to some hospital, and would soon be taken, that was the way Sir John Fielding 's people took him; there is some of the blood upon the sword now; upon Monday evening I was informed a man was taken that was carried to an hospital on Sunday night; I went on Tuesday morning to Sir John Fielding 's to see him; as soon as I saw him, I knew him directly, and swore to him.
Mr. John Iveside . I am a surgeon in St. Bartholomew's hospital; last Sunday threeweeks, the 9th of June about twelve o'clock the prisoner was brought into the hospital; I asked him what was the matter with him; he told me he was wounded in his breast; I asked him how, he told me a coming over the fields, between Pancrass and the Small pox hospital, he was stopt by a couple of footpads, who demanded his money, that he told them he was a poor man and had none; they insisted upon searching his pockets: he told them they should not; upon that one of them stabbed him with a tuck; upon which he fell to the ground, and they then searched his pockets; finding nothing in his pockets they took away his shoes and coat; that he lay sometime before he was able to get up; he got up at last with difficulty; got home, and from there was brought to the hospital; the wound was on the right side between the fifth and sixth rib, it went obliquely downwards.
Q. What did it seem to be done with?
Mr. Iveside. A three edged instrument, and probably a tuck.
I went out to take a walk along with a particular acquaintance of mine, that I know on the other side of the water, at the time I made an elopement from my wife; he was going into the country asked me to take a walk with him; I condescended to go part of the way with him; we went towards Hampstead, we stopt by the way and had a glass at some of the houses: it was rather late when I got home, it was about half after ten o'clock, when I met with these two men, and received the wound; one was rather behind the other; the first man that came up collared me; he tript up my heels and demanded my money; I told them I was a poor man, I worked hard for my bread and had none; he insisted to have it; he took about nine shillings and some odd halfpence out of my pocket; I changed half a guinea at a house before I left it; he took the silver out of my pocket, and left I believe two or three
Guilty , T .
452. (M.) John Gew was indicted for that he in a certain field and open place near the king's high-way on John Croker , did make an assault, with intent the money and effects of the said John to steal . June 9th . +
Mr. Croker's evidence was the same as upon the last trial, and he was positive as to the person of the prisoner.
The prisoner in his defence protested his innocence, but called no witness.
Guilty , T .
455. (M.) Mary Ingram , spinster, was indicted for stealing a watch, the inside case gold, the outside case pinchbeck, value 5 l. one silver seal, value 4 s. one cloath waistcoat, value 3 s. one pair of silver shoe buckles, value 10 s. and three guineas, one half guinea, one quarter of a guinea, and 3 s. 6 d. in money; numbered, the property of Alexander Gardner , in the dwelling house of a person unknown , May 17 . +
Alexander Gardner . About the 17th of May, I am not certain to the day. I was coming home about ten at night; I came to the sign of the Beehive, in a lane going down to Wapping, at the top of Nightingale lane; going past the door the prisoner and some other women asked me to treat them with a pot of beer; they said they would join with me. I went in with them; then they asked me to treat them with some lobsters; I had got a little drop and was merry; I paid 6d. for three lobsters; then she called in a friend of hers, who she called Carraty Sall, Sall Smith ; she partook along with us. I was coming down stairs; the prisoner said, I will go home with you; I said I did not want her company; so she said, a going along. Well, come in here, in Red Cross-street ; this is my lodgings; so I was persuaded, sure enough, and went in with her; she told me the house was her own. Carroty Sall went out for a pint of beer; I took my watch out, and said I could not stay long: she asked me if I would not stay all night; I refused it, and said I would not; at last I agreed to stay all night; then Carroty Sall walked out, and said, Strip, and go to bed; upon which I did; I had not been in bed above two minutes when the prisoner came to the door; she knocked at the door; I said, Who is it? she said it is me; her partner let her in; when they came in they fell making their fun about me; in two or three minutes they walked out of the room, not thinking they had been robbing me, for they had been tickling me in their funny ways; after they had run out of the door I ran after them; thinking they were making their game of me; not thinking they had robbed me; I ran out after them, and this prisoner had got my waistcoat; I run out several yards from the door after her; I catched hold of her; bringing her in again, I heard the rattling of the halfpence I had in my pocket; I said, What are youRobert Jenkins , who lodged up stairs, came to my assistance; there were three bullies, and I don't know how many women, I suppose to murder me; the prisoner put the candle out three times; the prisoner came again afterwards and said, Here is your waistcoat, take it and see whether the things are in the pocket; there were about three halfpence in the pocket, and they had stole all the things mentioned in the indictment. I was afterwards in the watch house; I being anxious after my watch, said, Pray return my watch, if you have got it, and keep the rest of the things and welcome; upon which they called me Scotch bougger, and said they wished it had been twice as much.
Robert Jenkins . I, lodged in the house; I heard a noise; the gentleman complained he had been robbed; there was a mob; the prisoner came there and said. The other girl, describing her, desires you will not make a noise here, but desires you will go to the Beehive, she waits there for you.
I was standing at the door, very dry after washing; I desired the prosecutor to join for a pot, which he did; we had some lobsters; two people came in; I got up and went away; I heard no more of it till I heard a mob in the house, then I came in to endeavour to find the things he had lost.
Guilty of stealing, but not in the dwelling house , T .
456. (M.) Mary Walker was indicted for stealing a black crape gown, value 3 s. two stampt linen gowns, value 8 s. one black sattin hat, value 6 d. and one laced cap, value 2 d. the property of James Goodyer , December 26 . +
Joshua Martin . I was at the Three Crowns, in Drury-lane , last Tuesday morning, between four and five-o'clock; I had been to dinner with an acquaintance, and had got fuddled: I went to sleep there and lost my hat.
Robert Connor . I am a watchman; my partner and I went into the Three Crowns to get a pot of purl about four in the morning; the prosecutor was sleeping upon a bench; I saw the prisoner put his left hand up upon his elbow against the clock, and take the prosecutor's hat off his head; he shuffled about some time; I thought they were acquainted, so I let him alone; after some time he shuffled the hat under his coat, and at last ran out. I took the hat from under his coat.
The hat produced and deposed to by the prosecutor)
I was going out of town that morning; the evening before I went to take leave of my brother; I got in liquor; I wandered up to that house; they took me before I went out of the room; the prosecutor lay his head upon my back and went to sleep; whether I had it or no I can't say, I was so in liquor.
Guilty, 10 d. T .
459. (M.) Mary Barnes , spinster, was indicted for stealing one cotton gown, value 15 s. one linen sheet, value 3 s. a linen apron, value 2 s. a silver tea spoon, value 2 s. two check aprons, value 2 s. three shifts, value 3 s. and a dimity petticoat, value 6 s. the property of John Snap , June 26 . ++
- Snap. I am wife to John Snap ; I took the prisoner in to live with me as a servant ; she came on the 30th of May; she went away without my knowledge. I had missed things several times; by an accident I found out a pawnbroker's she used; I found a
(The pawnbroker produced the goods the prisoner had pawned, which the prosecutrix deposed to.)
I intended to go into the country, and I had no money.
Guilty , T .
Mary Burt . The father and mother of the child are acquaintances of mine; they live about two streets of from me. I went to Mr. Sharpe's to get a pot of beer; he keeps a public house. Mr. Sharpe has three children; I saw the two youngest at play. I asked where Betty was; Mrs. Sharpe said she was not well. I went up, and asked her how she did; she said, very bad. I said, is it a fever or a cold; she said she had got an odd running upon her. I asked her what; she said her mammy could tell me; she said she was sore where she made water. I look'd at her; she look'd very much swelled and inflamed; her shift was discoloured. I said, I am afraid some little boy has been playing tricks with you, or some man; and if you don't confess the truth, your mammy won't get you cured, and you will die. Then she colour'd, and burst out a crying, and said I will tell you who it was if you won't tell my dada; I said I would not, but would tell her mama. She said it was Mr. Craige. I asked her who he was; she said, the man that work'd for her father. I asked her how he met with her; she said she was playing with some peas, tossing them up upon the bed, as she sat in the room playing with her doll. As she went to get some of the peas, he throw'd her upon the bed, and did something that hurt her, and pressed her so hard upon her belly that she could eat no victuals all next day. I asked why she did not tell her mother; she said she was afraid: for he had told her, that if she told it, her father and mother would beat her. I asked how long she had had this running; she said, on Tuesday, the day before. I asked her if he had had any thing to do with her; she said, yes, some days before, I can't remember what day; and in the whole, three times, on different days.
Q. Did she tell you when the first time was?
Burt. Yes, upon Good Friday: the last time was the Monday, I think, before it was found out. I went down stairs, and told Mrs. Sharpe of it, and call'd in Mr. Sharpe, and told him. He went to the justice, and had the prisoner taken up; I had seen the man before, but did not know his name.
James Sharpe . When I had taken the prisoner up, as I was going to the justice he turned his head about and look'd at me. I said, How can you look me in the face after you have used me so ill, though I have been a father to you; he said his heart was ready to break.
Q. He denied the charge I suppose?
Sharpe. Not to me; he did before the justice.
Court. Have you any surgeon that examined the child?
Sharpe. The surgeon deposed that the child's body was not entered, but injured; he is not here.
461. (L.) Elizabeth Williams , spinster, was indicted for stealing one pair of silk mittins, value 6 d. two yards of thread lace, value 6 d. five pieces of linen cloth, containing two yards, value 2 s. and two linen caps, value 6 d. the property of Samuel Rutter , June 6 . ~
Lewis Phillips . I keep a public house, the Marquis of Granby, in Chick-lane: on the second of this month, about half past twelve in the forenoon, the prisoner came into my house for a pint of beer; she sat down in a box at the end of a table, there were other people besides myself present; one of them said she had a suspicion the prisoner was doing something not right; we found'd pot tied to her side, she, attempted to get out, but we stopt her: there were two more pint-pot in each of her pockets; I sent for an officer and took her into custody, the pots had Mr. Smith's mark upon them; I sent for him, (the pots produced and deposed to by the prosecutors)
I know nothing at all of the pots.
Guilty , T .
464, 465, 466. (M.) James Samuels, otherwise Dumb Johnny , together with Thomas Mallony not yet taken; and Thomas Wright , were indicted, the two first for stealing three silver punch ladies, one pair of silver tea tongs, two silver handle knives and forks, a linen table cloth, and two linen handkerchiefs, the property of Stephen Burgis ; and 96 halfpence , the property of Elizabeth Spencer ; - And Thomas Wright for receiving three silver punch ladies, a pair of silver tea tongs, and a linen table cloth, well knowing them to have been stolen , May 19 . +
Both Acquitted .
467 (M) Hannah Sprigs , spinster was indicted for stealing three linen shifts, value 1 s. two pair of linen sleeves, value 2 d. three linen aprons, value 4 d. two cotton handkerchiefs, value 1 s. 8 d. and one silk handkerchief, value 1 s. the property of Matthew Bryan , June 18 . ++
469. (M.) Charles Jewel was indicted for stealing one cloth coat, value 20 s. one linen waistcoat, value 1 s. two pair of thread stockings; value 2 s. two pair of cotton stockings, value 2 s. one black satin laced cloak, value 20 s. one linen handkerchief, value 1 s. two linen aprons, value 3 s. one silk handkerchief, value 2 s. two linen towels, value 1 s. two linen pillow-cases, value 1 s. the property of William Ingram , May 21 .
470, 471, 472. (M.) Samuel Elliot , Stephen Clements , and John Cox , were indicted, for that they, in a certain field and open place near the king's high-way, on John Graves did make an assault, putting him in-corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. a steal watch chain, value 1 s. May 1 ++
All three Acquitted .
Alexander Bell . I am a journeyman baker . I lent my watch to a servant girl in the house, to know the time to call me up; next morning the watch was gone; I suspected the prisoner, had him taken up; the constable found the watch upon him as I understand.
The constable deposed that he went with the prisoner to his master's, that the prisoner tumbled over some clouths, at last took the watch from under a coat. The watch produced and deposed to by the prosecutor.
I don't know who gave me the watch.
Guilty , T .
William Kenny was indicted for stealing one pound of tobacco, value 10 d. the property of persons unknown ; May 24 . ++
- Jebb. I am a constable upon the keys; there was some tobacco weighed at the key; some samples were drawn from it. As soon as the man's back was turned that drawed the samples, I saw the prisoner go up and take some tobacco: I secured him. (The tobacco produced.)
Guilty , T .
Harland Handsworth . I am a wheelwright , and live in Hounsditch. Upon the twentieth of June, I was sent for to Mr. Calvert's brew-house; I was there informed that my carravan, (which I had lent them, they having occasion to borrow one), was robbed of some iron work. (The iron produced, and deposed to by the prosecutor.)
John Beale . I am a watchman, in Whitecross-street. On the nineteenth of June, about half past eleven o'clock, I saw the two prisoners, within about two hundred yards from where the carravan was, coming up Whitecross-street, each had a piece of iron upon his shoulder; I suspected them; I cried, Hallo; upon which Page dropped the iron, and ran away; but, as to Hozier, I secured him with the iron upon his shoulder. I made him carry it, upon his shoulder, safe to the watch-house. I did not see Page's face.
William Pratt . I was on duty that night. Upon Hozier's being brought into the watch-house. I examined him about the iron; he varied in his story, and was not consistent. At last, he said he would shew us the other boy that ran away; we did go, and found him abed, in a place near Goswell-street: upon his being taken out of his bed, he cried very much, and said he would shew us where the iron was taken from. He took us to Calvert's brew-house, he got upon the carravan, and shewed us where the iron was taken from.
I met two men near the brewhouse, who had got some iron. I was taken up by mistake.
I know no more than Hozier has said. I am innocent.
Both guilty, 10 d. W .
477. (M.) Stephen Clements , was again indicted for breaking and entering the dwelling house of Nathaniel Hickman , on the third of May , about the hour of one in the night, and stealing a silver cream pot, value 20 s. a pair of silver sugar tongs, value 6 s. six silver tea, spoons, value 9 s. six silver table spoons, value 3 l. a silver marrow spoon, value 8 s. a silver pap spoon, value 5 s. six guineas, and four half guineas in money, numbered, the property of the said Nathaniel in his dwelling house . ++
Nathaniel Hickman . I am a school-master , and live at Islington . On Saturday morning, the fourth of May, a little after one o'clock, my wife awaked me, and said she heard strange voices, and saw a light in the room adjoining to where I lay, in which room the scholars lay; I was going to speak to them, or hollow out of the window: Mrs. Hickman reminded me of a great bell that was in the room; I rung it; the thieves were alarmed, and run away. When I went down, stairs, I found a window open, in a little scullery, that I had left fast over night; the shutters were thrown open, and the bolts of the shutters wrenched. I have no doubt but they came in there.
Samuel Norman . I am twelve years old. I was awaked by Billy Jones , who lay in the same bed with me; I saw three people in the room; one of them said, I'll blow your brains out if you make any noise. The prisoner was employed in breaking open the bureau in the bed chamber. They called one another, one by the name of Stephen, the other two by the name of Jack; there were two Jacks and a Stephen; I took notice of that: so I said to a little boy in school, one Stephen Child , there was your name-sake in our room, Stephen, last night. There was a light in the room
Robert Jones . The noise of forcing open the bureau awaked me; I saw two men, one in a red cap, and one with a great coat on; the men had slapped their hats; they had a dark lanthorn, and a candle on the top of it; I saw the prisoner; I know him by his face; he has the same coloured coat on now, but not the same waistcoat: I saw him at the Nag's-Head; a whole mob was there in a room; I picked the prisoner out of the company; I did not know any of the rest: the prisoner was rifling the drawers; they are about a yard from my bed; he was about twenty minutes in the room: the thieves swore that children were always awake at all times in the night. I heard Stephen and two Johns called. Master Norman spoke to Stephen Child next morning, and said, Stephen, your namesake was in our room last night. My master and mistress did not begin to speak till the thieves were half way down stairs.
William Stamford . I am eleven years old; I was in the room; the prisoner was breaking the bureau: one of them said, I will blow your brains out if you speak; one called Jack, the other Stephen: afterwards I saw four of them in a field; I knew the prisoner. I heard the bell ring, which alarmed the thieves: after the bell rung, and they were gone down, we cried out, murder, and thieves; and I heard Norman say to Stephen Child , that his namesake had been there.
Robert Child . I am twelve years old. I saw them come in first; I saw them go to the bureau: the first word I heard was, if any of us made a noise they would blow our brains out: I saw the prisoner's face; I took particular notice of its being marked with the small pox; I knew him again when I saw him afterwards. I do not recollect what Norman said to Stephen Child ; next morning, we were dispersed in different parts of the house; one had a cap, the other a little hat on.
I am not the person that was in the room; they are mistaken; I lay at home that night; I was at work in the morning by six o'clock; I was not there: I worked till ten o'clock; then I went home to bed; my landlord gave me a candle in my hand; I had not had it in my hand above five minutes before my bedfellow came in. I said, You have just saved your distance. I have witnesses to prove it.
For the Prisoner.
John Basford . I am a ribband weaver. I lodge in the same house with the prisoner: I came home a quarter of an hour past ten o'clock; I found him at home; he said, You have just saved your distance. The door is usually locked up at eleven o'clock. We went to bed immediately in our own room; I got up in the morning, and left the prisoner in bed. I am up about five o'clock. The prisoner was taken up about the 13th or 14th. I never knew him out a night during the whole time he lodged with me in this house, ever since Christmas. I am very sure it was upon Friday the 3d of May, but I cannot give any particular reason why I fix upon that time.
Henry Baker . I am landlord of the house where the prisoner and this man lodged; he came home about a quarter past ten; I gave him the candle; a little while after, Basford came in, and said to him, You have just saved your distance; and the reason why I can recollect was, because next day the prisoner and the other people were taken up, and my house was twice searched, for arms, or any weapons, but none were found.
- Emmerson. The prisoner worked with me. On Friday evening, the second of May, he was mending his loom; he stayed at the shop till past ten, and came at six next morning. I am positive as to the time, by calculating and recollecting as soon as I was informed the prisoners had broke into this gentleman's house.
The four witnesses for the prosecution being children, the eldest not twelve years old, they were severally asked, previous to being sworn, whether they understood the nature of an oath, to which they gave satisfactory answers.
Guilty , Death .
Thomas Lucas and Edward Eagle were indicted for stealing two live cocks, value 2 s. and two live hens, value 2 s. the property of John Bright , June 8 . ~.
John Bright . I live at Oldford, in Middlesex . On the eighth of June, about half past three in the morning, I was alarmed by my maid. She came up and told me the fowls were all stolen. There were about ten lost. Among them two cocks and two hens. I think they were safe over night, I did not see them put up myself; I saw them some time the day before. About four o'clock I came to London, in order to find out who had taken them. I went to Leadenhall market, and found my two cocks and hens in a basket alive; there were nine in the basket. I asked the person that had it the price of them; he did not give me a direct answer about them: I looked several times: at last I said I was sure they were mine. The man then said, If they were mine, he knew nothing of them; he bought them at four in the morning at the Ship in Rosemary Lane, and said he would go with me there. I went with him. The two prisoners, with Parsons, were there; I took hold of him, but he got away from us. Upon going in, and Lucas being pointed out, we secured him. Eagles ran out at the back door. Lucas then informed us where to find Eagle. He was taken up on the other side of the water.
David Poor . I keep a green-stall in Rosemary-lane, and go to market to buy fowls, and carry them about to sell. I was going early to market between four and five o'clock on the eighth of June, to buy some fowls. As I was going by the Ship, I was called into that house, where I saw the two prisoners, and another person; I am sure they are two of the people that are there. I bought nine fowls of them at a shilling a fowl; I carried them into the market, there they were owned by the prosecutor.
The prisoners, in their defence, said they were going by the Ship alehouse; a person standing at the door asked them to go in and have some beer, which they did, but knew nothing of what the person had; that he called in Poor, and the man and he went into the back room, and that Poor came out in five or six minutes with a basket.
Both Guilty , T .
480. (M.) Henry Robinson was indicted for receiving one thickset coat, value 10 s. one thickset 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 of thread stockings, value 8 s. two pair of worsted stockings, value 1 s. and four linen handkerchiefs, value 2 s. the property of Richard Boonham ; and two linen tablecloths, 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 , well knowing them to have been stolen by Charles Baker May 9 . ++
Richard Boonham . These things were in a box lost from the Crown, Berwick-street, Soho. Baker was charged as being the thief before Sir John Fielding , and the prisoner and others as receivers. Baker said he carried them to the prisoner's lodgings, and others. We went there, and found the box in the room: the lid was split in two; one part on which I wrote my own direction was upon the grate in the fire-place; there was no fire, so it was not consumed. I went again to these lodgings early on the thirteenth, and found the prisoner in bed. As soon as I came in, he said, I suppose you are the gentleman that was robbed; I said, Yes; then the prisoner said, I thought what that rogue would bring me to. He said, Baker came to his room upon a Thursday in May, and brought a pair of stockings, &c. that he took them out, and said, This is all I got from my master, the rest belonged to a young man in the house, and that he desired him to go with him to pawn the thickset frock and breeches; that he was unwilling, but at last did go and pawn them. This he told me and James at the time we went to his lodgings, when we foundJohn Fielding , he denied what he had before said to us.
William Windsor . I am a pawnbroker, and live in the Minories. I took in this thickset coat of the prisoner (producing it) on the ninth of May. I sent him seven shillings upon it; I paid him a six shilling and nine-penny piece, and three-pence. The prisoner, Baker, afterwards came back to change the six and nine-pence. Baker said it was his own, and charged me not to deliver it to Robinson.
Prosecutor. These goods are my property.
Baker was my wife's nephew. He brought the things to my house; I was unwilling to pawn them, I did not know they were stolen.
Guilty , T. 14 years .
481. (M.) Richard Jones was indicted for breaking and entering the dwelling house of James Vansomner , on the seventh of June , and stealing six guineas in money, numbered, in the dwelling house of the said James . +
James Vansomner . The prisoner was my livery servant; he left me about three months ago: I had for some time suspected his honesty. On Sunday, the ninth of June, the prisoner having come to my house, I went out of the way on purpose; and, suspecting that he came upon no good design, I left a servant of mine, Thomas Carter , in order to watch him: I had left a sum of money in my warehouse. There is a communication out of the yard without going into the house, the general way is to go through the house, for this was formerly a part of the dwelling house; it is under the same roof.
Thomas Carter . I am servant to Mr. Vansomner. The prisoner had left my master about seven weeks; he came about noon, about two o'clock; I let him in he went down in the kitchen, and there dined with the servants; they went away, and left him at dinner. I went away, in obedience to my master's orders, to watch what he would do: he went into the compting-house, and opened the counter (that is, the top that lifts up at the counter) and took out a purse: he took the money out of it (that is, poured all out) he took what he chose, and put the rest in again. As soon as he was gone from the counter, and had shut it down again, I immediately laid hold of his collar, and said: You rascal, I have now catched you. He had the money then in one of his hands; upon my taking hold of him, he laid the money out of his hand, upon another counter that was there, and said to me, God bless you, don't say any thing against me: I came here for a sheet of paper. I called assistance, and told them he had put the money upon the counter. The prisoner said, You may have put it there yourself.
Guilty of stealing only . T .
Charles Burgess . The pin was in a bureau in the cook's room, among some papers of no value; I intended to make a present of it; I went to look for it and found the lock of my bureau broke, and the pin taken away; the prisoner was my servant; he was gone away; I got him taken up; he confessed that he broke open the lock, took the pin, and gave it to his mother.
The pin produced and deposed to by the prosecutor.
I found the pin in the window in the maid's room; I did not break the lock.
He called six witnesses who gave him a good character.
Guilty , B .
Matthew Polland and Joseph Lyon, otherwise Lyon Lyon , were indicted, the first for breaking and entering the dwelling house of William Smeeton , on the 23d of May , about the hour of one in the night, and stealing fifteen silver tea spoons, value 25 s. one silver milk pot, value 4 l. a pair of silver tea tongs, value 5 s. and a pair of silver shoe buckles, value 5 s. the property of the said William, in his dwelling house ; and the other for receiving the said goods on the 24th of May , well knowing them to have been stolen . ++
Both Acquitted .
See Polland tried No. 432.
Barnaby Matthews . I am a publican , and live in Catharine-street, St. Catharine's ; I lost a pewter tankard and a silver punch ladle; I did not miss them till they were advertised, on the 19th of June; when I saw them advertised as being stopt; the prisoner had been in my house the day before, in the morning.
William White . I live at Mr. Jarvis's, a pawn broker, in Fetter-lane; the prisoner brought me this pewter tankard to pledge on the 18th of June, at night, just before we lit candles; I asked him what he called it; he said plate; I knew it was not, and therefore was convinced it was stolen: I sent for a constable, then he threw this punch ladle down upon the floor, and a shilling that was knocked out of it. (The tankard and ladle produced and deposed to by the prosecutor.)
I know nothing of the matter. I drank freely at this gentleman's house in the morning; I know nothing of what happened afterwards.
White. He was very sober when he came to our house.
Guilty , T .
The prosecutor was called and did not appear; his recognizance was ordered to be estreated.
The prosecutor was called and did not appear; his recognizance was ordered to be estreated.
488. (M.) David Hunter was indicted for stealing two printed books bound in leather, intitled Horatii Opera Delphinit, and twelve printed books in sheets, intitled the Builder's Jewel , the property of John Aylward , June 12 . ++
John Aylward I live at No. 10, Wardrobe Court, Doctors Commons ; I am a book-binder ; the prisoner worked for me; he came to me the latter end of last January or beginning of February: he lodged in my house, and continued with me till taken up. The Wednesday after Whitsun week I missed twelve Builder's Jewels, which I afterwards found at Mr. Pridden's, with two Horace Delphini .
John Pridden . I am a bookseller, and live at No. 100 in Fleet-street; I bought two Horace Delphini, bound, and twelve Builder's Jewels, in sheets, of the prisoner at the bar; about four months ago I bought the two Horace, and the others about eight weeks ago. (producing them.)
Prosecutor. I can swear to the two Horace, they are my own work; they were taken out of a closet by themselves; they are my own property. I lost twelve Builder's Jewels, but can't swear to them, being in sheets.
When my master took me up I was committed to the Compter; he went to my sister, and told her if I would confess and tell him what I knew about the books he would not hurt me; I told my master the books were at Mr. Pridden's.
Prosecutor. We had found the books at Mr. Pridden's before.
Guilty , T .
Ann Wilkins . I live in Water Lane, Fleet-street ; Mrs. Chatham is my partner; we keep a chandler's shop ; I lost the watch, on the 27th of May, out of the kitchen; the watch belonged to us both; I did not miss it till eleven at night; it hung in the kitchen upon a hook; there was no other person in the kitchen from half past six till nine. Ann Lawson was our servant; Sarah Hirst came to see her; she came in at half past six, and staid to drink tea with my servant; she was there till after seven o'clock. Sarah Hirst pawned the watch to Mr. Davison the same evening; I found it the 29th of last month; he lives in Fleet-street. I saw the watch at half past six; Lawson said she took the watch from a hook and laid it down for Hirst to take away; when I missed the watch my partner was out; she brought some friends to sup with her; I went to wind the watches up at eleven o'clock; I missed it; I asked the maid about it; my partner said she had not had it; I told her I had a suspicion that it was the young woman that had been to see her; she said if the watch was gone it must be in de good. I told her I would go with her the next morning to Sarah Hirst ; we went with one of our friends and she was gone out. She then came to our house about eleven o'clock; when they came I was in the kitchen; I told her this was an affair that happened the last night. I accused her with it; she denied it for an hour and a half; we got her into Guildhall; she confessed it of her own accord, and that she had pawned it for a guinea. At Guildhall, Lawson owned she gave her the watch, and she was to give her some cloaths for the money.
Q. Was you and Mrs. Chatham partners in this watch?
Q. Who bought the watch?
Wilkins. Mrs. Chatham bought the watch.
Q. How came it to be between you?
Wilkins. When we became partners every thing came in with it.
Edward Winspear . Mrs. Chatham and I, with my wife, had been at Peckham; we went to Mrs. Chatham's to supper; when we came home the girl came and asked if we had not played the rogue with a silver watch that was in their kitchen; I was going in the morning to enquire about it; they said there had been a young woman to see the girl; we went to Carnaby Market to see for this young woman; she was gone over the water to see for her husband; we went in to the Borought she was there; she pleaded innocent; she declared she never saw the watch while she
Hugh Davidson . I am a pawnbroker in Fleet-street; (the watch produced.) I received this watch on the 27th of May, for a guinea, of Sarah Hirst ; it was about eight o'clock; she said it was her husband's watch; that she lived in Water-lane. I asked her if one William Hirst , in Water-lane, was her husband, who was a customer of mine; she said he was.
William Critchfield . On the 28th of May Mrs. Chatham came and told me she had lost the watch; I gave her an account of the same and number; in about an hour and she sent for me, and had got the person that had the watch; when I talked to them a while none of them would confess; I went into another room with Hirst and she said Ann Lawson had given it her. I told Mrs. Chatham that I thought they were both concerned; at last she confessed she took the watch from the hook and laid it down, and Sarah Hirst took it with her; we then desired her to confess and tell us where the watch was, that it might be replaced; she would not tell till we got to Guildhall.
I lived fellow servant with her husband; I knew Mrs. Hirst by her coming backwards and forwards. I asked her to let me leave my box in her room, and she let me; I got a place in Water-lane. I did not send for my box for above a week; two or three days after she called to see me; when I sent for my box she came to see if I had got my cloaths; I was drinking tea; I asked her to drink some with me; if she took it, it must be while I was out of the shop. I know nothing of it. When we were in Wood-street Compter she changed a guinea; but where it came from I know not.
Mary Sawyer . She lived with me better than a year and an half; she behaved always very well; I never knew any thing but that she was an honest good servant; she went from me about the middle of March last.
I leave it to my counsel.
For Hirst's character.
Thomas Standard . I live in the Old Change. I have known Mrs. Hirst from her birth: her husband is a hackney coachman; she did live in Compton-street, Soho; I never heard any thing amiss of her character before this affair; we were next door neighbours in Oxfordshire. I saw her in London last summer.
Both Guilty , T .
490. (M.) Elizabeth, the wife of Thomas, Clemenshaw , was indicted for stealing one linen jam, value 1 s. one linen pin cloth, value 6 d. and one blue silk cap and feather, value 6 d. the property of William Hill , June 25 .
Mary Hill . I am the wife of William Hill ; we live in Farthing-street, Spital-fields : I make jams and frocks: on the twenty-fifth of June, I had made a frocks for one Mrs. Warburton, in Shoreditch; about half an hour past seven in the evening I was shewing the jam to Mrs. Warburton; while I was doing so my child was got out of the door, and was taken away; I searched after the child: I went as far as Shoreditch church, and Holywell-lane; the third time I went, I met the prisoner at the corner of New Inn yard with my child's cap in her hand; I took hold of her arm, and desired to know where my child was; she said her husband had carried it home; seeing something in her apron, I opened it, and there I found the jam and pincloth.
I am a young woman just come out of the country; I came up with my husband: I have no friends: my husband was arrested, and carried into the Savoy as soon as we came up, as a deserter. It is my first offence.
Guilty. 10 d .
Sarah Stroud . I live in Middle-row , and make up cardinals, and such things, and sell them; I was setting, on the twentieth of May, in my back parlour; I could see into the shop; the prisoner came into my shop between twelve and one at noon; I heard them enquire for some cardinals; my maid was in the shop; she shewed them several.
Mary May . I know the prisoners very well, they are the two persons that came into my mistress's shop; I have seen them several times before; they came into the shop between twelve and one, and asked to see a cardinal; I shewed them several; some were too dear, and others did not suit their fancies; they bought none; they staid twenty minutes trafficking about these cardinals; there was one particular cardinal lined with blue I shewed them, which I asked twenty shillings for; Hawkins said she could not afford to buy it; West said she would give fourteen shillings for it: they bought nothing: Hawkins attempted to tie up her pocket, when tying it up I observed a black ribband hanging out of it; I said nothing about it, though I had a suspicion that it was some of my mistress's goods, stolen by that woman; but when they were going out of the shop, I touched Hawkins, and said, I want to speak to you; she said, What is the matter? I said, Why I believe you have something of my mistresses under your petticoat; I said, If you don't come and let me examine you, I must take hold of you. Well, says Hawkins, if you do you must have a run for it; upon which I said, I will have a run for it: Hawkins run as fast as she could; I followed her; I happened to fall down; I called out stop her; Mr. Bishop, a neighbour, run after her; I got up and run after her as fast as I could: I saw Hawkins come out of Mr. Hurley's yard, she had not then the cardinal about her; I took hold of her.
John Hurley . I was in my shop in Gray's-Inn-Lane; the prisoner Hawkins run into my entry, she endeavoured to push to the door, she went out: I went to the door immediately as she went out, and found this cardinal at the bottom of it, (produced and deposed to by the prosecutrix.)
Hawkins said in her defence that she was quite ignorant of the matter: she called four witnesses who gave her a good character.
West called several people, who gave her a good character.
Hawkins, Guilty , T .
West, Acquitted .
Benjamin Braithwaite . I am servant to Mr. Crowshay; I saw the prisoner take this iron from Mr. Cowshay's wharf, she turned up a little alley with it; she used to be about the wharf every day, picking up old rags and things: I went and took it from her.
I did not take it with an intent to steal it.
Guilty, 10 d. W .
494, 495, 496. (M.) Henry Stroud , Robert Cambell , and Anstis Horsford , were indicted for feloniously and wilfully, and of their malice a fore-thought, being present, aiding, abbeting, assisting, comforting, and maintaining, certain persons unknown; to murder Daniel Clarke , April 16 . *
Benjamin West . I am a weaver in Fleet-street; Clarke the deceased used to draw patterns for me: I saw him about twelve o'clock, the day he was killed, at his own house; he was coming with me up Half Nichols street, Spital-fields, to look at some work; we were attacked by two men, the people increased very fast; they called after him,
Q. Which way did you run?
West. Strait forward; he turned up a little turning which leads into Cock lane: I saw him upon the ground: then he and I went different ways.
Q. But the way he and you went, both came into the same street again?
West. Yes, in Cock-lane; there I saw him down, with his hat and wig off.
Q. Was nobody with him when you saw him down?
West. I saw two or three men: I saw one man kicking him: I cannot tell what kind of a man he was; I saw Clarke get up, and he ran into Mrs. Snee's house: that is all I saw of him; then I came away.
Q. Did they follow him to Mrs. Snee's house?
West. I saw several people about the place.
Q. Where did you go?
West. I went to his house, and told the person he lived with, which I understand now is not his wife; that he was at Mrs. Snee's, that he had been attacked and lost his wig: I desired her to take him a wig.
Q. Did you desire her to carry any thing else to him?
West. I told her I thought it would be necessary to take his pistols, for fear he should be attacked again; he was desired by the justices to carry pistols in his pocket, for fear of being attacked.
Q. Did any of the stones hit him?
West. I cannot say.
Q. What o'clock was it then?
West. Between twelve and one.
Q. What time was from the time he was attacked till you went off?
West. Not above half an hour.
Q. What kind of weather was it, that day?
West. Scorching weather, afterwards I fancy it rained.
Q. What o'clock might it be?
West. Near one: it was half past twelve when we left his house.
Q. You knew Clarke, I believe?
Snee. Yes; I had seen him five times.
Q. Do you remember his coming to your house?
Q. What time was that?
Snee. I thought about tweleve; my people tell me it was about one.
Q. Was your door open?
Snee. He opened my latch and ran in he was bloody: he was cut over his eyes, and had no wig on; I said Lord have mercy upon me what is the matter Mr. Clarke: he said, I beset; I said who has beset you? know says he: he walked about the house, we gave him water and washed him, he said when he came in,
"Lock the door, for God's lock the door." I did, and shut the inside shutters of my windows: he was very disconsolate. After he had been there some time, he desired me to send for his wife: he said,
"this is the finishing stroke; this crowns
"the work:" he desired me to send for his wife, for he had no wig, he asked me to let my daughter bring his pistols: my daughter went and met Mrs. Clarke coming in Shoreditch with his pistols; she brought them, he desired her to go back and fetch him a wig, and bring his powder box with his gun powder, which she did.
Q. How long was she before she returned again?
Snee. Half an hour, to be sure.
Q. In the mean time did you hear any noise at your door?
Snee. Yes, now and then; but they turned down the corner of the streets; and our door was pretty clear when she came the last time.
Q. Before that, did the people call out?
Snee. Yes; several times, they peeped thro' the window and said,
"D - n him,
"there he is: turn him out, let us hang him,
"or burn him, or any thing, let us do something
Q. When the wife came, it was pretty quiet then?
Snee. Yes; and he came out then with his hands one in one pocket and the other in the other, upon his pistols; he went out with his wife.
Snee. Upwards of an hour.
Q. Then he and his wife went out together?
Snee. Yes, and a little boy; they went a little way, not half a stone's throw, and when the mob saw the corners of the streets beset they came running round him; I was at my own door, I saw a great mob, then he run back again.
Q. With his wife and boy?
Snee. No; they came back no more.
Q. I suppose that was but a few minutes after they had left your house?
Snee. Yes, a very few minutes; then he stood at my door, he took his pistols out; a fellow coming up to him, he said,
"I will shoot you," the fellow took his stick and held it up to his face, and said,
"D - n you do." Mr. Clarke could not let the pistol's off, so he pushed into the house, and I shut the door and locked it.
Q. How many people might there be then?
Snee. I do not know; a great number of people.
Q. Were there some hundreds?
Snee. There were I believe, a hundred; I said, for God's sake what must I do; the outside shutters were not shut at all; they throwed a great brickbat at the door, and when they had done that, they throwed another and broke four panes of glass and the frame, and all of the windows. They said,
"D - n him, turn him out, and they would hang him, or burn him, or drown him, or do something or other to him; d - n him turn him out;" I asked Mr. Clarke whether he knowed them or not, that beset him, he said no I don't, but I know them that does. They kept knocking and beating at the door and window, I did not know what to do; he said,
"For God's sake do not open the door;" then he asked me if I had any cellar; I said, yes; he went down into the wash house, and then down into the cellar; when he was in the cellar, I opened the door, one of the fellows came in; as soon as he came in he pushed into the kitchen to me, and said,
"D - n you, where is he." I said he is not here.
Q. Look at the prisoners and recollect if you saw either of them there?
Snee. No; I was in a great fright.
Q. How came you to open the door?
Snee. I opened it to let a friend in; I thought he was a pretty safe in the cellar; the man ran up stairs and met my daughter and said,
"D - n my blood, if I don't kill all in the house if they don't find him;
"my daughter said, as I hope to be saved, he is not up stairs; (for he was then in the cellar;) he saw my daughter go over a garden wall, which put him in mind to do so; the poor creature heard the man swear he would kill all in the house. While he was in the kitchen, the deceased came out and got over the wall. Then they called out in the street,
"There he goes, there he runs;" then they left me, and run out into the garden.
Q. That is not a garden belonging to your house, I believe?
Snee. No; a great garden, belonging to a gardener; they all ran after him.
Q. Did they go over the wall too?
Snee. There is gates and places; they can go every way from the street.
Q. Did you hear a pistol go off after this?
Snee. I did not; I was so frightened I heard nothing more.
Q. How long had he been in your house; you say the first time he was in your house, about an hour; how long was it from the time he first came into your house, till he got over the wall?
Snee. About an hour, or upwards.
Q. Then the hour includes the whole time from his coming into your house till he finally went away?
John Marsh . I live in Norton-Falgate; I had just dined and heard an extraordinary noise, which occasioned me to look out of my window; there I saw a man, which they tell me, was Clarke; I saw him at the corner of White Lyon street, at Mr. Woodrow's corner, surrounded by a number of people; I saw nobody strike him then; I went to my other window, and there I saw a man with a whip, like a carman's whip, there was a circle of people; I suppose the man was under; I saw the whip up several times; it seemed to strike at some object below, that I could not see; but it was within a few yards of where I had seen Clarke before; I saw no more, I know nothing of the prisoners; I did not go out of my shop; I live at the corner.
Marsh. He appeared a little dirty about the face, and in a confused frightened condition.
Q. Did you see any body strike him?
Marsh. No; he went on in a few minutes, I never went out to look after him.
Q. How long might this be?
Marsh. From first to last, not above five minutes.
Q. Do you know where Mr. Woodrow is?
Marsh. No; he has never been absent, he has been in his shop every day.
Q. When did you see him last?
Marsh. I saw him every day.
Q. Did you see him yesterday?
Q. Did he say he would come to day?
Marsh. No; he said he had had no subpoena.
Q. Do you remember seeing the deceased, Daniel Clarke, upon the 16th of April?
Q. What place did you first see him in?
Gibson. In Norton Falgate, the corner of White Lyon-yard, or street; it goes by both names.
Q. What time of day was it?
Gibson. After two o'clock.
Q. Describe what condition he was in?
Gibson. There might be a hundred people about him, or more.
Q. Which way was he coming?
Gibson. From towards Shoreditch; the people following him; he went and stood up at the corner, going to White Lyon-street, with his back against the wall; he dropt with his back-side upon the ground; a man came by with a dray, and said, Clear the way; he took a whip and began whipping of him.
Q. How long did he whip him?
Gibson. Perhaps a minute; I went away to my shop; I work in Blossom-street: he got up, how I know not; I lost fight of him then, I got fight of him again in about four or five minutes, in Wheeler-street, the next street to White Lyon-street; the people were pursuing him; they had got him up in a corner and were throwing dirt at him, and striking him, that was about one hundred yards from White-Lyon-street; then they went away down Quaker-street with him; he never seemed to try to get away, but seemed to go with them; he was in the middle of a great number of people: about the middle of Quaker's-street somebody came and gave him a blow, and said, D - n your blood: and Clarke fell down. I followed him to the Broad way.
Q. What was done there?
Gibson. He kept going before the mob; I saw nobody meddle with him there; he was before that in a very deplorable condition; his head was bloody: then they went to Hare-street: he was going down Hare-street; somebody came and asked me what was the matter; I stopped to tell him it was Clarke: they stopped him against the brew-house; there they stripped him; it is about the middle of Hare-street; I cannot say how much they stripped him; he had his breeches and stockings; then they went into the field, called, Hare-street field, that is at the end of Hare-street: I went into Hare-street field with the mob: when he came into Hare-street field , whether they knocked him down, or kicked him down, I cannot say, but he was down, and they were beating him upon the ground while he was down; some got hold of his legs; some his arms, and they dragged him along upon the ground; then they said,
"We will throw him into a pond, or a ditch;" one said, This is not deep enough; and another, This is not deep enough: at last they carried him into the Brick-field, where there is a pond, occasioned by digging out the bricks.
Q. What did they do with him then?
Gibson. They forced him into the water; whether they thrust him in by the back, or took hold of him by the arms, I cannot say.
Q. What distance might you be?
Gibson. One hundred yards, or farther.
Q. What number of people might be gathered together at this time.
Gibson. There might be two or three thousand; there were people out of number.
Q. How long did you stay after he was shoved into the pond?
Gibson. Where he stood he seemed to be about three feet in the water: whether he stood, or kneeled down in the water, I cannot say.
Q. How high did the water come?
Gibson. About the middle of his belly.
Q. What kind of weather was this?
Gibson. It snowed at times as fast as I ever saw it in my life.
Q. How long did he continue in this pond?
Gibson. It was a considerable time; half an hour, or three quarters.
Q. How long did they continue throwing earth and brickbats at him?
Gibson. About half an hour; there was a parcel of boys and girls about him; I went, and said, You little brats you will kill this man, and some of you will get hanged for it. A man came up and assisted me, and we pulled him out.
Q. Was the water bloody at that time?
Gibson. I did not mind that then.
Q. What did they do with him then?
Gibson. I got hold of him; we dragged him four or five yards from the place; some of them said, He is one of his confederates or some such word, and pushed the man in and all; and they were going to push me in with him; I slipped away at a distance from the mob; some advised me to go home, and said I should get myself ill used; but I staid.
Q. Where was Clark at this time?
Gibson. About nine or ten yards from the water.
Q. In what condition?
Gibson. He was down upon the sand-heap, and they were throwing sand on the top of him.
Q. How long did this treatment continue upon the sand?
Gibson. It might be a quarter of an hour, or twenty minutes.
Q. What became of him at the end of this quarter of an hour, or twenty minutes?
Gibson. They made a sort of a hallo themselves, and then they came and throwed him into the water again.
Q. How high was the water then?
Gibson. He was crawling like upon his hands and knees, at times, striving to keep himself from drowning; they kept throwing brickbats and stones at him; brickbats were the chief; there was not many stones; I saw half a brick, as it appeared to me, come and strike him on the left side of his temple, and the blood poured out as fast as if he had been pricked with a lancet, and the water was discoloured with the blood.
Q. Did you observe Clarke do or say any thing?
Gibson. He put his hand upon his head, and wiped the blood off and said,
"Oh, gentlemen, you use me cruelly:" I went to get to the side of him to try to get him out of the water, but could not find any body to help me. Somebody cried, By and by; here is Justice Fielding's people coming; with that they drawed back. Somebody said, No, it is not; it is the keeper or White chapel prison. I saw a man coming, a turnkey, or something belonging to the prison; then they drawed back; there was another man there, one Clarke; I asked him to help me to get the man out of the water; he was going to take hold of him; Clarke refused him; whether he thought he was going to push him in further or no, I do not know; but we got him out the second time; that Clarke is a fisherman.
Q. When you had taken him out of the pond, what happened then?
Gibson. We got him out of the pond five or six yards, I put him down upon the ground; he got up upon his backside; there I left him; I got away from him; by and by I came up to him again; I think he was leaning down upon his elbow, sitting upon one side; somebody said, Get him to an hospital; I said, It is impossible without a coach; I will assist for one; I left him: soon after somebody came up again, and said, He is dead; I said, How can that be, I saw him just now.
Q. Did he speak after you took him out the second time?
Gibson. I don't remember hearing him speak.
Q. Did he groan?
Gibson. No; I thought he seemed pretty hearty.
Q. How were his eyes?
Gibson. He was pretty full in the eyebrows; his eyes were considerably swelled.
Q. Could he see?
Gibson. I did not perceive but that he could; I got in between the mob again, and
Q. How long was it after he came out of the pond the second time that you observed he was dead?
Gibson. I cannot tell; but it must be after four o'clock.
Q. Look at the prisoners at the bar; do you know either of them?
Gibson. Yes; I have seen them before, I believe.
Q. Which of them do you know?
Gibson. I believe I have seen them all, but I cannot say I know their names; I know their persons.
Q. Did you see either of them present at the time you have been speaking of?
Gibson. Yes; Campbell; I saw him there.
Gibson. Near the pond side with the rest of the mob.
Q. When the deceased was in the pond?
Q. The first time, or the second?
Gibson. The second time, I believe.
Q. How was he dressed?
Gibson. I think he had a great coat on, what they call a bath coat.
Q. Had he any thing in his hand?
Gibson. I do not recollect that he had then.
Q. Did he do any thing then?
Gibson. No further than crowding about, as another person might be.
Q. Did he use any expressions?
Gibson. I did not hear him speak at all, as I know of.
Q. Did you observe him at any time do or say any thing?
Gibson. Never, all the time he continued there.
Q. How long might he continue there?
Gibson. I might see him a quarter of an hour, or twenty minutes; I cannot say the time.
Q. Do you know whether he was there about the time Clarke died?
Q. When you saw him before Clarke died, how was he dressed then?
Gibson. I saw him, I think, in his shirt.
Q. From the prisoner Campbell. Are you sure you saw me in my shirt?
Gibson. It was something white; I think it was his shirt.
Q. What was the colour of the bath coat he had on when you first saw him?
Gibson. A darkish coloured coat.
Q. Then some small time before Clarke died, you saw him in something white you took to be his shirt.
Gibson. Yes; I thought it was his shirt.
Q. from the Jury. We should be glad to know whether you are certain you saw Campbell there?
Gibson. To the best of my knowledge he was.
Q. Whether you saw him in white?
Gibson. Yes; I thought it was his shirt.
Q. Was there any other man so dressed?
Gibson. Not to my knowledge.
Q. Had you ever seen Campbell before?
Gibson. I cannot be sure.
Q. I think you say you was absent from the pond some little time?
Q. How long might you be absent from the pond?
Gibson. I was standing nigh, twenty or thirty yards under the shed; I might be there twenty minutes, or half an hour; that was to avoid the snow, because it snowed so very fast.
Q. The time you was absent for thirty minutes; was it between the first and second time he was in the water?
Gibson. When they were going to put him in the second time, I went under his place.
Q. When you first saw him; when he had the bath great coat on, you was asked if he had any thing in his hand; your answer was, Not then; did you observe afterwards, when he was in his shirt, as you suppose; that he had any thing in his hand?
Gibson. It appeared to me to be a bit of a hoop stick, or some such thing: that was while he was in his shirt.
Q. You don't speak with certainty as to the person of Campbell; when you saw him in a dark coloured coat there was a great croud of people; you took no more particular notice of one man than another, I suppose; do you mean to speak certainly that Campbell was the person you saw in the Bath coloured coat?
Gibson. I took no notice of one man more than another.
Q. Did you take more notice of the person of one man than another?
Gibson. No, I did not.
Q. Did you ever see Campbell before?
Q. Then are you sure that he is the man that you saw at the water side?
Gibson. I believe he was, to the best of my knowledge.
Q. Have you any doubt about it?
Gibson. No, I have not.
Q. Will you speak of the man you saw in the shirt; was that Campbell?
Gibson. I thought it was the same man.
Q. You are not sure?
Gibson. No, it snowed that I could not see.
Q. Was you a dozen or fourteen yards off at the time you saw him in the Bath coat?
Gibson. I was near then; I could have laid my hand upon his shoulder.
Q. Were there any people between you?
Gibson. No, not that I remember; we were both upon the edge of the water side.
Q. You cannot say whether it was his shirt or a white coat?
Gibson. I think it was a shirt, I will not swear that it was his shirt.
Q. How long was you there in the whole?
Gibson. I was there pretty near two hours from first to last.
Q. What was it o'clock when you saw him first?
Gibson. It was nigh three, or half past two.
Q. What was it o'clock when he went to the pond the first time?
Gibson. Near three.
Francis Clarke . I am a fruiterer in Grey Eagle-street; I don't recollect the exact time this riot happened, but I remember it; I stood at my own door; my house is in the middle of Grey Eagle-street, as near I can say; it is about one hundred yards from the broad way.
Q. What time did you come home?
Clarke. I cannot say; I saw a mob when I came home and had my dinner; when I first saw the mob they were in Quaker's street, at the corner; two men came towards me from the mob; I asked what was the matter; they said they had got Clarke that hanged the cutters.
Q. Did you know these men?
Clarke. I did not; I went to my wife and called her, and I ran to the mob; I saw a great mob, and the deceased in the middle; he had a great cut on one of his eyes, and his hat and wig were off: his coat very muddy; they drove him forwards; there was a mob on every side of him; he did not resist much against them; they hunched him down the street into Brick-lane, and then down Hare-street; I called Mrs. Hoe, who is to be the next witness; I followed the mob; when we went along to the brewhouse they stopped at one Mr. Green's; then I ran by the mob; a person asked me what was the matter; I said they had got hold of Clarke: while I was talking to him they stripped him; he was naked; when I saw him before, he had his cloaths on; I did not see them strip him.
Q. What did they do when he was naked?
Clarke. I saw one man throw a handful of grains in his face, and give him a stripe upon his back with his hand. Clarke was a lusty man, and had a good skin, so the mark of the man's hand was left upon his shoulders; when they came up to the field gate somebody said to Clarke,
"For God's sake think of your Maker, for you will never get out of this mob alive." I saw them dra gging him by his feet.
Q. How far did they drag him in that manner?
Clarke. Not far, a yard I suppose; I went by them again and they came up to a pond.
Q. Do you know Bethnall Green road?
Q. Did you see him at this time making towards Bethnall Green road?
Clarke. No; he was making down that way afterwards, and the people said,
"Do not go that way. the justice lives that way."
Q. When you got to Hare-field gate he made an attempt to go to Bethnall Green?
Q. How came it he did not go that way?
"Don't go that way, the justice lives that way." Mr. Wilmot lives in the road.
Q. Did they say any thing else at the time they forced him to the pond?
Clarke. Not that I can remember; I ran round the field, and got over a place like a bridge; when I turned round I saw the man thrown into the water.
Q. You did not see him from the time he was upon his back till he was plunged into the water?
Clarke. Yes, I saw him coming along; they were striking and pushing him; when he was at the pond side some said,
"D - n your eyes, you had no compassion upon others," and such like; I was close to him then.
Q. Did you observe any body hold that talk to him?
Clarke. Not a soul that I know, upon my oath.
Q. Was you close by him at that time?
Q. Was that before he was put into the pond?
Clarke. No after Gibson had pulled him out.
Q. But was you by at the time he was put into the pond?
Clarke. No; I was round a little house they call a sand house, as far as to the end of the court; when I turned round he was in the water.
Q. What did they do to him when he was in the water?
Clarke. Pelted him with brickbats and stones, and such things.
Q. How near was you to any body that did that?
Clarke. I went on one side; I could not bear to stand by to see it; I stood on the other side of the pond.
Q. Who did you see pelt him?
Clarke. Not one in particular that I know; I saw several I people, neighbours, round the pond; but none that threw at him as I saw.
Q. How long was he in the pond before he was drawn out?
Clarke. Nigh half an hour. Mr. Gibson pulled him out; the last time I helped him.
Q. When he was pulled out where did they take him to?
Clarke. They left him near the side of the pond, about six feet off.
Q. It was at that time the people talked to him about hanging the cutters?
Clarke. Yes, and about Chevat; he made answer and said, Chevat is worse than me.
Q. Did they talk to him about any body else.
Clarke. He said,
"Let me go home, for God's sake; I will freely forgive you:" some of them said,
"D - n you, you said you would swear against twenty." Some of them said that to enrage the people the more, I believe; he said he would freely forgive them if they would let him go home, and shook his head; some of them d - d and cursed him; very saw was for him; all the mob were against him; I heard very saw people that were pitying of him; they said,
"He was a very bad man, and would swear peoples lives away."
Q. You must recollect as well as you can; you was ner him when he was pulled out of the pond?
Clarke. I ran, round the pond and stood close to him.
Q. How long?
Clarke. Till they throwed the piece of cord over his head and pulled him along.
Q. How long was it from the time you came round to him before the cord was flung over his head?
Clarke. Not many minutes.
Q. This was the first pulling him out of the water?
Q. It was during this number of minutes that this conversation was held; now you must mention the persons that you saw talking to him?
Clarke. I don't know them.
Q. Not any of them?
Clarke. Not one in particular, upon my oath.
Q. Do you know any of the prisoners at the bar?
Clarke. I know that woman.
Q. Do you know Campbell?
Q. Did you never see him before?
Clarke. I don't know that ever I did; never to speak to him; if I saw him it has been in passing of him in the street.
Q. You have seen him before?
John Fielding 's.
Q. Did you ever see him before the 16th of April?
Clarke. I did not see him then that I know of.
Q. Can you recollect none of the persons?
Clarke. I saw the other man, Stroud; I took him to be a brick maker.
Q. When did you first see him?
Clarke. I saw him stand by the side of the house after the deceased was pulled out of the water.
Q. Did you ever see him before that time?
Clarke. I have seen him many times, but not to know his name.
Q. Did you see him that day before Clarke was pulled out of the water?
Q. Can you describe any of the people that you saw talking to Clarke before the cord was thrown over his head?
Clarke. The man that throw'd it was a slim man, like a lad; but looked like a man in years; and I saw a boy, in a green waistcoat, very active in striking him; and I saw a woman at the pond.
Q. I want you to speak to those persons you know?
Clarke. If I was to speak to persons I don't know, I might as well swear to you.
Q. You saw the cord put over him?
Clarke. Yes; but not to pull him much; when that was done I ran away; I could not bear to see the barbarity; I ran by Mr. Scott's house, and saw them take him round the sand house; when I saw him again his hands were tied.
Q. How long was it from the time he had the cord flung about his neck till he died?
Clarke. I cannot say.
Q. How far off was you when he was tied?
Clarke. The length of the pond.
Q. Who threw it?
Clarke. I know not.
Q. What did you observe when he was flung into the water?
Clarke. He was in the water, but he got up, and the cord hung by his hands; then he was pelted again with brickbats that came over the mob and every way; from the first to the last he was in the water about an hour and an half.
Q. When his hands were tied was there any huzza?
Clarke. There was a great noise all the time, but nothing particular more.
Q. How long was it from the time he was thrown in till he was taken out the second time?
Clarke. About an hour.
Q. Did any thing happen the second time?
Clarke. Not that I remember.
Q. Did any body go in?
Clarke. Not that I saw; I saw a man stand aiming at him; he seemed to me to be in his shirt.
Q. In what manner was he aiming at him?
Clarke. I thought he wanted to take hold of the rope.
Q. How far was he from him?
Clarke. Pretty close; he might kneel down and reach him.
Q. Did you see him touch him?
Clarke. Not that I know of; I thought it was to pull him out by the rope.
Q. Do you recollect that man in the shirt laying hold of him?
Clarke. I believe once or twice he touched his head.
Q. In what posture?
Clarke. He laid his hand upon his head, and endeavoured to bow it down (describes it,) but not so as to go under the water; he just put his foot towards him.
Q. In what manner did he put his foot towards him?
Clarke. With an intention to push him under the water, I believe: the deceased stood in the water, the man stood just by his side: he first put his hand upon his head to push him down, and then his foot to his shoulder.
Q. Did you see any other person in their shirt?
Clarke. I saw a man in a shirt, as I described to you twice; I will not say whether it was the same or not.
Q. You saw only one at a time, did you?
Q. Did you hear any out-cry at the water?
Clarke. Yes; come away: come away.
Q. Do you know whether the mob gave any reason to him for coming away?
Clarke. I cannot say that I did; I was much frightened.
Q. You say brickbats were thrown at him; did any hit him?
Clarke. Yes; there was a sad wound on the
Q. Did you see any bricks in the hands of the man in his shirt?
Clarke. No; I saw a brick come by him; but whether from him or not, I cannot tell; when I helped to take him out of the water, somebody came behind me and put their knees under my backside and said throw him in for his namesake.
Q. Was this the first or second time of pulling him out?
Clarke. The last time.
Q. Where did you say you saw the woman?
Clarke. By the side of the pond; she never was out of my sight.
Q. Do you recollect the man in the shirt enough to know that you saw him dressed otherwise than in his coat; in any part of the day?
Clarke. Not that I know of.
Q. Did you see Horsford do any thing?
Clarke. No; I saw her all the time: she stood by the pond and wrung her hands. One said, What do you cry for, you see satisfaction; she said, What is that for the loss of my husband and for my fatherless children.
Q. from Campbell. Where was you a drinking upon the 17th of the same month the day following?
Clarke. I was called into Mr. West's.
Q. What did you talk about there?
Clarke. He asked me if I would be made a man of; he said, I need not carry fish any more; I might be made a man of for ever.
Q. Did he offer you any money?
Clarke. No; another gentleman offered me fourscore pounds; a gentleman that brought me the summons; he said, you know one Bob Campbell ; I said, I did not by name; he said, he would give me fourscore pounds; I was frightened, he said, I see you are a stranger; if you will but swear to the man I will give you fourscore pounds; I asked by whom I was to get it; he said, I was to go to Lincoln's-Inn-fields and get it of some clerk; the man is in Court now that offered it me.
Court. Call him then; what is his name?
Clarke. I do not know his name.
Court. The man that served you with a subpoena you say?
Court. How long was that after the murder?
Clarke. I believe I have the summons in my pocket; he asked me for one Sarah Scales , to appear at Sir John Fielding 's, to give evidence against the man. I said I could not read; asked him to read it to me; he took me up and alley; he said, you are the capital, or chief witness against the man; I said, what man: he said, Campbell, that was in prison; and said, if you will swear against him, you will have four score pounds, divided between you and the man that took him; I said, God forbid I should go to swear against a person I do not know, (the man is called into court.)
Clarke. This is the man.
Court to the Man. This witness says when you served him with a summons, you told him he was the capital evidence against Campbell; and if he swore against him, he should have fourscore pounds, divided between the man that took him and himself. What do you say to that?
A. I said no such words.
Q. Did you say any thing about fourscore pounds?
A. No; I mentioned no sum in the world.
Q. Did you mention that there would be any reward?
A. I mentioned nothing.
Clarke. Did not you stop and read the summons to me?
A. Yes; but I never said that.
Q. What are you?
A. A peace officer; a constable; I was employed at the Rotation office, Whitechapel; I was sent by the Bench to serve the summons on this man and another; that was my errand.
Q. And no more than that?
Q. Did you know who was in custody?
Court. Let me see the summons?
Clarke. I have not got it; I will send for it,
Court. By way of making enquiry into this matter?
A. I believe so. We were all summoned to appear before Sir John; Campbell was then in custody.
Q. How long was it after the murder being committed?
A. Four or five weeks.
Q. to Clarke. Who did you tell this story to of his delivering the summons first of all, before you told it here?
Clarke. Nobody in particular; I believe I told it to one or two of my neighbours; I said, it is a dangerous point to appear in: in Spitalfields and at Billingsgate where we get our bread, they are apt to reflect upon one and another.
Q. How long after the murder was this?
Clarke. Two or three weeks, as night as I can guess.
Clarke. This was Tuesday; I went the Friday following.
Q. Then Campbell was in custody at that time?
Q. Who had the conversation with you?
Clarke. One West; it was the 16th day, a very snowy day.
Q. Did he point out any body in particular, who you was to swear against?
Q. Was it this West that has been examined here?
Q. You say you was in the field?
Q. Did you say you remembered the squinting man at the bar being there, Stroud?
Clarke. Yes; he offered to carry the deceased to the Infirmary upon a brick barrow, but the man refused it; I said, is not that man's (Mr. Wolridge's) word sufficient for the safety of it; for they refused to put him in the brick-house.
Q. Do you remember that tall man, Stroud?
Q. How was he dressed?
Clarke. Just as he is now.
Q. Did you see him do any thing
Q. Did not he desire you, or offer his assistance, to pull the man out of the pond?
Clarke. Not that I heard; some man held one hand while I stooped down to reach him out of the pond; I took hold of the rope: I believe he was afraid I was going to pull him out to use him ill; he refused it.
Q. When you turned about and saw the man, do you remember seeing him desirous of giving assistance to the deceased?
Clarke. Yes; upon a door. I am sure that was the man that wanted me to go further in the field to take a door off, to carry the deceased upon to the hospital; that was before the man was dead.
Q. Did you see Stroud come into the field?
Clarke. I did not; I don't know I saw the man before he spoke to me; the people would not let us take a door off, Mr. Wolridge would have had him carried into a Sand-house for shelter, and the man refused; the people cried out to me, as I helped him out again, you will be shoved in yourself.
Q. Can you recollect when the man talked about fetching the door to carry him over the field to take him to the infirmary; did he speak as if he was in anxiety for the deceased?
Clarke. He appeared in as much anxiety as I was; and I could not help crying about it.
Q. Do you think as he is a remarkable man if he had done any thing at the pond to the injury of the deceased you should not have seen it?
Clarke. Yes, I think I should; I saw Mr. Wolridge there; he offered to give his word for the things in the sand-house, that they should not come to any damage.
Q. Did that man seem anxious for his safety?
Clarke. He did.
Q. You did not see him throw any thing?
Clarke. No; he seemed to be in too much trouble.
Council for the Crown. I asked you just now
Clarke. Not that I knowed.
Q. But can you describe them?
Clarke. The man that put the rope round his neck was a thin man.
Q. You saw many bricks thrown at him?
Clarke. Yes; I saw several persons throw, they were chiefly boys; it was a very bitter day, it was impossible to distinguish one man from another, without you was close to him.
Q. But several people might have talked to him, and throwed bricks at him, while he was upon the ground; yet you could not remember?
Q. Did you see him twice in the pond?
Scales. Yes; but I don't know who put him in.
Q. Don't be afraid in speaking what you know?
Q. He got out the first time?
Scales. He grappled to the sides to get out, and then I saw him thrown in again; but I did not know-by whom.
Q. Did you see any thing done to him before he was thrown in?
Scales. Not to my knowledge.
Q. When he was thrown in the second time did they continue pelting him?
Q. Did you see a man in his shirt there?
Q. What did he do?
Scales. Put him underneath the water; he took him by the head and put him underneath the water, but I don't know the man; it was a short man in his shirt; but I don't know him; it snowed that day very much.
Court. Don't be afraid; you may give your evidence without being frightened?
Scales. I am not afraid.
Q. Did you see him to any thing else?
Scales. I think I saw him strike him on the back part of the head with a bit of a brick; I don't know the man.
Q. Did you say any thing to that man?
Scales. I called out, Savages and brutes, how could you use him so ill? but I don't know a child of eight years old that did any thing to him.
Q. Did you ever see that man in his shirt at any other time?
Scale. Yes, once.
Q. I ask you whether at any time, either before or after, you saw that man in the shirt that attempted to put Clarke's head under water?
Q. Nor have not you seen him since?
Q. Upon your oath?
Scales. I can't swear who the man was.
Q. Did you see more than one man in his shirt there?
Q. Did you see him before he was in the pond the first time?
Hoe. I did not see him after he passed by our house till I saw him in the pond, and they pelted him; I was at some distance.
Q. How did he get into the pond the second time?
Hoe. I believe they throwed him in.
Q. What did they do to him then?
Hoe. They pelted him.
Q. What else did you see?
Hoe. I saw a little man in his shirt put him under the water.
Q. Did you see that man before he took off his cloaths?
Q. Are you sure he was in his shirt?
Hoe. I thought so; he put his hand upon his head; but whether it was to put him up or down I cannot tell. His head popped down.
Q. Did you observe him do any thing to his feet?
Q. Should you know that man again?
Hoe. No the day was so bitter there could be no knowing a person without being pretty close.
Q. Did you know any of the people that threw bricks at him?
Chambers. Yes; I marked one in particular.
Q. Look about, and see if you can see him?
Chambers. Yes, that is the man, Stroud; I saw him throw three or four bricks at him; one, in particular, hit him over the head.
Q. Did you see any man in his shirt?
Chambers. Yes, a shortish man; I should not know him again; I saw him put one leg in the water, up near to the knee; and with his hand popped his head under water two or three times.
Q. Have you any recollection of his face?
Chambers. No; I was at some distance.
Q. Where is your wife?
Q. Upon your oath don't you know where she is?
Chambers. No; I have been far and near and have heard nothing at all of her; upon my oath, if I had known where she was, I would have fetched her; she had been at Sir John Fielding 's, and came back with Mr. Green and me.
Chambers. She had.
Q. And, upon your oath, you don't know where she is?
Chambers. No, I do not; if I had I would have found her before now.
Q. You don't know by what means she went away?
Chambers. She ran away with money in her pocket; and I heard next day she had been very fuddled at Billingsgate, and what became of her I have not heard since.
Q. Did you know Stroud before?
Chambers. I have seen him; I worked in the brick kiln; I gave a description of him; and told all the gentlemen if I saw him again I should know him; and so I did.
Q. Who got you to be an evidence?
Q. Did he engage you to be an evidence?
Q. Who did?
Chambers. I told Mr. Wilmot and all of the gentlemen that I should know the man against; James Knight gave the first evidence against Stroud; as soon as I saw him at Sir John Fielding 's, I said, I know him.
Q. Did not James Knight say something to you about giving evidence against Stroud?
Chambers. He did.
Q. Did he talk to you about the reward?
Chambers. They said to me several times there was a tool, reward.
Q. Now did not James Knight describe Stroud when he talked about the reward?
Q. Pray do you know one Higgins?
Chambers. I cannot say I do.
Q. Do you know Davy?
Q. Had you any conversation with him about getting any share of the reward?
Q. Had you no conversation with him about thirty-pound?
Chambers. No; I will tell you the words I said; my wife had a shirt of his to wash; he sat himself upon a chair: I talked about the weavers; James Knight said he knew the man verywell, and said should be glad to know where he was, and I must find the man some where or another: I said, I was bound in forty pound for my appearance; he said, why then you ought to take him, or be hanged, for he has been a great villain by all report; he and I went to Lord Camden's head and had a pint of beer together; I went to Mr. Wilmot's that night and told him; he said, go down in the morning and see if you can find him: I did, I went down to Vaux-hall, and then I went and took him; James Knight told me at first he could not swear to him; I said, if it is
Q. But you knew at that time whether you could swear to him.
Chambers. No; I had not seen, him at that time.
Q. Did you offer Higgins thirty pound?
Q. What are you?
Chambers. I follow the markets and sell fish.
Council for the Crown. Where did you find Stroud?
Chambers. He was in the garden by the work-house; at the top of Hare-street.
Q. Where did you find Knight?
Chambers. At Vaux-hall.
Council for the Prisoner. Did not you go into Mr. Wolridge's ground where Stroud was at work?
Q. I' ask you upon your oath if you know him?
Chambers. I did not see him to my knowledge if I did, he was low in the ground; I did not discern him; if he had been near me I should have known him.
Q. Where was he taken?
Chambers. I was not present when he was taken.
Q. Did you go into the ground with an intention to look for him?
Chambers. No; I had not seen Knight a good while; I went for some cauliflower plants.
Q. That was an excuse you made I suppose?
Q. Who sent you.
Chambers. Mr. Wilmot; I had no cauliflower plants, but some lettuces; I asked for one or two for breakfast; they said I might have them; I took four for breakfast.
Q. Who said that?
Chambers. Mr. Woolridge.
Council for the crown. Then it was Mr. Wilmot sent you to these gardens to see if the man you knew was there?
Q. You had told Mr. Wilmot you could swear to one man that had thrown some things at the pond?
Chambers. Yes. Davy gave me the hint and said he would come to the wall side, and show me the man, if I chose it.
Q. Did he come and show you the man?
Chambers. He did not. Mr. Woolridge, when I was in the gardens, I did not speak it before Sir John Fielding it went out of my head, said, Where is my Lord Stroud? three men turned back; one made answer and said, He is down at the bottom of the ground a hoeing. I returned, and told Mr. Wilmot of it directly.
Prisoner's Council. How long was it after this that Stroud was taken?
Chambers. The day after, I said, I will go to James Knight; because he could swear to the man down right at once.
Q. But if you could swear so sure to the man, why did you send for him?
Chambers. I was not sure it was the same man that Knight meant before I saw him.
Q. What time was it you went for the lettuces?
Chambers. About half an hour after seven in the morning, it was before eight, we came out again.
Q. The witness says he had directions of you to go to this place; is that so?
Justice Wilmot. Yes; when he gave the information against the people, he mentioned something of a tall, hard looking man; a man he should know again if he saw him. This was about a fortnight after the murder. On the Wednesday before Stroud was taken, he came to my house in the evening, and said he heard the man's name was Stroud that was at the pond, if he could see him, he should know whether it was the same person or not. I then said, Go to Mr. Woolridge, and desire him to give you two or three lettuces, and see if you know the man; if you know him, come back and you shall have a warrant. I saw him about nine o'clock; he told me he went to the garden, and Mr. Woolridge called for Lord Stroud, and said, I heard he was drunk as last night, and enquired whether the evidence wanted any thing; he said, No. He was not present; in the garden; it must be at the bottom of the garden, for he did not then see him. I desired him to go to the other people that gave an account of the name, and go and be certain whether it was the person or not. Before he was taken, he came back to me, and told me it was theJohn Fielding . This evidence never saw the man, from the time he was at the pond, till after he was taken and carried before Sir John Fielding .
Q. Did he then swear to him?
Justice Wilmot. I was not there at the time when he first gave the information about such a man: I thought, and the person thought, that he had a blue, or a green apron, and thought he was a dyer. I sent them to several dyers in the neighbourhood, and some of the gentlemen dyers drew out their people, and showed them all.
Q. Do you recollect the description he gave of the man at first?
Justice Wilmot. I believe the information is here in court.
Chambers. I told them one man I marked out had a blue waistcoat in particular.
Q. You gave your evidence of one man in particular, and said you knew never another.
Chambers. I did not say that, I marked several.
Q. Did you give information of the man that threw the brick as having a blue waistcoat?
Chambers. I believe he had a blue waistcoat on, and a green or blue apron.
Chambers. I did not mention his waistcoat; they did not ask me about his waistcoat.
Q. How was he dressed?
Chambers. I think he had a blue waistcoat on, and I think a blue, or green apron.
Council for the Crown. What coat had he over it?
Chambers. A lightish coat; I am positive to the prisoner Stroud's face; I cannot be so certain as to his dress.
Justice Wilmot. He told me Stroud was a hard looking man, at the first, and a man that he should know well; that he had a blue, or green apron; by that he suppose he was a dyer. I sent for some of the master dyers; we went with them, and drawed the people up, and shewed them.
Q. He did not challenge any?
Justice Wilmot. No.
Q. Did you see the man that knocked the deceased down?
Baldwin. I cannot say; I saw his hand, but do not know who he was: some kicked him one way, and some another; some said, D - n you, get up again; as he rose up, they pulled all his cloaths off, some one way, and some another; they stripped him naked: Mr. Mosly was at his brewhouse gates; it was within two yards of him, as he stood at the gate.
Q. You did not see any of the people that tore his shirt or struck him?
Baldwin. No; they smeared him with some grains; sometimes he was down, sometimes up. When I got to the pond, I saw him in the pond about up to the waistband of his breeches; there was very little done to him at that time; he begged very hard to come out, they reeled back and he crept out upon all fours; there came a stout man and chucked him heels over head in again; he could hardly recover himself; he begged very hard to come out again, I saw Mr. Gibson help him over; I said, that man was doing good for evil; for he had told me the deceased had wronged him out of about two pound; he went about ten steps, somebody knocked him down; there was a report spread; somebody asked what he said they said, the deceased said, he would take off twenty of them; they buffeted him round a little house for about twenty-minutes, as nigh as I can guess, but when he was knocked down from that place where he was standing, a man came behind him with a cord it might be four yards long, about the size of a sash cord; Clarke was then facing me: the man came behind him and threw the cord over his head; it had a noose, he had him down upon the ground, and dragged him five or six yards; I thought he would never rise any more.
Q. Should you know that man again if you saw him?
Baldwin. I don't know; I have not seen him since, I am sure; they took the cord from his neck and wound it round his left hand; while he was doing this Campbell came up to him and asked whether he did not knowWilliam Eastman . The deceased said, for God sake spare my life and I will hurt nobody; this was by the pond, then they cried out let us into the pond, again with him; I saw somebody seize his legs, and with a cord in their hand; I saw them wrap it round his legs. I went round and fixed myself in a little place, about ten yards off from him: they throwed him into the pond; he was not in long before he recovered himself; which way he got his hands loose I cannot say; in about two minutes time Campbell came stript in his shirt.
Q. How was Campbell dressed when he talked to him about Eastman?
Baldwin. In a lightish coloured drab.
Q. How was he dressed when he came to the pond again?
Baldwin. He had his coat off, and was in his shirt; he came running out from among the people into the pond, and came and seized him on the top of his head, and plunged his head under water several times; he stood by the side of the pond; he wetted his shoes a little I believe.
Q. Did you see him do any thing else?
Baldwin. No; but whilst he was doing this, the people about the pond, that I take it knew him well, cried out get away, get away, get away; you have no business there above any body; then he looked round and went out, and I saw him afterwards put his cloaths on, that is, I saw his hands raised up above the rest.
Q. How far were his cloaths from the pond?
Baldwin. About three yards from where the deceased lay; I went away then; that was about a quarter after four.
Q. How near was you to Campbell when you heard him talk to the deceased about Eastman?
Baldwin. About three foot; he said, don't you know Eastman; the deceased said, for Gods sake spare my life, and I will hurt nobody; I looked upon it as a kind of a jeer.
Q. Had you ever seen Campbell before?
Baldwin. Never to my knowledge.
Q. When did you see him the first time after that?
Q. Did you see any other man in his shirt besides this man?
Baldwin. No; nor did I ever hear of any other.
Q. You saw very little of it till you came out of this public house?
Q. You say you saw Campbell come up to Clarke and say, don't you know William Eastman?
Q. You was near him you say?
Baldwin. Yes; I took notice of his person, and I knew him as well when he was stript as when he was dressed; and should know him now if he was naked; I was behind him, facing the deceased; I could see the side of his face and his legs.
Q. But you had not a full view of his face when he was speaking to Clarke?
Baldwin. No, rather a side view.
Q. You said you looked at his legs, and should know him if he was stripped?
Baldwin. Yes; I should know him by his make among five thousand people.
Q. Without looking at his face?
Baldwin. I would see his face; though I know him, take him from head to stern.
Q. Whether do you mean to say that you know him by his face, or the make of his person; should you know him with his face hid?
Baldwin. I think I should; he is made like a man double jointed.
Q. You say he was in a lightish coloured coat?
Q. You went into the public house about a quarter after four?
Q. You was not in the public house from the time you first came out till after four o'clock?
Q. What distance was he from you when he was in his shirt?
Baldwin. About six or seven yards; when he quitted him I saw the water bubble out of Clarke's mouth.
Clarke that day?
Lloyd. When he was in my house the last time the report was that Clarke was dead; he was not in at all when the man passed by.
Q. What time might it be when he came the first time into your house?
Lloyd. Some time after the man passed by into the field.
Q. What time of day?
Baldwin. Between four and five in the afternoon; I keep the King and Queen by the fields; it might be four; I am not certain as to the time; it was some time after the man had passed by my house with the mob following him.
Q. What time was it when he came the second time into your house?
Lloyd. Not a great while afterwards; it might be about five o'clock; he was not a great while out before he came in again; it was said Clarke was dead before he came the second time; he did not stay long at my house either time.
Q. Did you make any remark upon his appearing in your house at either time?
Q. Did you make any remark upon his appearing in your house the second time?
Baldwin. Yes; he had a linen thing or frock over his cloaths, such as sailors wear; I said you have got a different dress; he said, I am going to India, will you be my bondsman?
Q. Do you recollect how he was dressed when you first saw him?
Baldwin. In such coloured cloaths as he has on now; I took but little notice of him then.
Note he was dressed in a darkish drab coloured coat.
Q. How far is Virginia-street from your house?
Baldwin. But a little way.
Q. Was it half or a quarter of an hour before he came in again?
Baldwin. Half an hour I suppose?
Q. Did he appear at all confused?
Baldwin. No; not in the least.
Q. Did you see any body go into the pond to him?
Q. Did you see a man in his shirt?
Breech. Yes; but I did not see him do any thing.
Q. Did you know the man in his shirt?
Q. Was he a tall or a short man?
Breech. I don't know; I was standing on the other side of the pond.
Council. Don't be afraid, there can no harm happen to you for any thing you are to do here.* Did you see a man that afternoon dressed in a frock over his cloaths?
* The witness trembled, and seemed much frightened.
Breech. No farther than as I came along, I saw a man in a frock; a gentleman said That is the man that was oy the side of the pond.
Q. You don't know that man was the same you saw before in his shirt?
Q. Was he a tall or a short man that was in his shirt?
Breech. I don't know; I but just saw the glimple of him.
Q. Did you see Clarke's head ducked in the pond?
Breech. No, nor where the bricks came from I don't know; I don't know who throwed them.
Q. Did you see Clarke attempt to get out of the pond?
Breech. I did not; I stood by Mrs Scales, I saw him come out once or twice, and they put him in again.
Q. When he was grappling to get up did you see him thrown back again?
Breech. Only when the mob brought him back to throw him in again.
The Fourth and last Part of these Proceedings will be published in a few Days.
In the Eleventh Year of His MAJESTY's Reign. Being the Sixth SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.
NUMBER VI. PART IV.
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.
[Continuation of Stroud and Campbell's Trial.]
Q. I am speaking of that time you saw him crawling upon his hands and knees to get out of the pond?
Breech. I cannot say; I did not stand so near as to take so much notice.
Q. How did he get in again?
Breech. Some of the mob throw'd him in; I do not know them.
Q. Are you sure you never saw that man that day before you saw him in his shirt?
Breech. No, never to my knowledge; I only saw the glimpse of him as he went away.
Q. Was you there from the beginning to the end?
Q. Did you see the woman prisoner?
Breech. Yes; but I did not see her do any thing.
Q. After Clarke was dead you went to carry him to the work-house?
Q. It was there the man with the frock came up?
Breech. I saw a man there. Somebody said, That is the man with the frock; I made no observation upon it myself.
Q. Where do you work?
Knight. At Mr. Pankley's garden, near Vauxhall: I was by the pond when Clarke was killed; I did not see him till he was at the pond.
Q. Do you know any body that was there that used him ill?
Q. What part did he take in this business?
Knight. I saw a man shove Clarke under water; when he got up he pumped the water out of his mouth; it was a short man, about my size, in a brown cut wig; he was in his shirt. I don't think I should know him if I was to see him again. After that Clarke had thrown the water out of his mouth again, then Henry Stroud threw two bricks, and hit him on the side of his head, which caused him to bleed very much; each brickbat knocked him down in the water, and he got up again.
Q. How long was he in the water before he got up again?
Knight. He was very weak; he got up as soon as he could; as soon as he got his head above the water again then Stroud throw'd a second brick at him, and knocked him down again.
Knight. Yes; I have known him four or five years. I stood but two or three yards behind him. I have worked with him some years.
Q. How was he drest?
Knight. In an old blue waistcoat; he had the same coat or waistcoat, or such sort, as he has now.
Q. Do you know one Davy?
Knight. Yes; very well.
Q. What is become of him?
Knight. I have not seen him lately; he follows gardening.
Q. How long after the murder did you see Davy?
Knight. I cannot say to a day. Davy worked along with me at that time; I saw him the same day this murder was done.
Q. What time was it when you drank with him?
Knight. Four or five days, or a week afterwards. I drank with him at the Ax, in Hackney road; Stroud came in, and called for a pint of beer; I said, when he came in, D - n it, here is the man I have been after all day; I will take him up; he is the man that murdered Clarke, and I will have the hundred pounds reward.
Q. Where had you been looking for him?
Knight. I had not been looking for him; I spoke that out of a joke; I had seen him do it, therefore I was not afraid to say it; I spoke it in the open tap room.
Q. What did Stroud say or do upon that?
Knight. He said I was a foolish sort of a fellow. I asked him to lend me a shilling; he said he had no money; he did not stay five minutes after he came in.
Q. Did he understand you that you spoke in joke?
Knight. I do not know whether he did or not; he would not drink with me, but walked out of the house; I did not see him again, while last Friday se'nnight: then I saw him at Sir John Fielding's, in custody.
Q. How came they to find you as a witness?
Knight. I went to one Joe Chambers , and spoke there of what I had seen; I was that way about a week after the thing was done; I said there that Henry Stroud deserved hanging, for he had knocked the man down twice, with two brick-bats, which was a cruel murder.
Q. Did you tell him the name at that time, or only of the thing?
Knight. I did not mention his name.
Q. Did you describe him to Chambers.
Q. Did you mention to Chambers that you had seen him at the Ax.
Q. Did you tell him Davy, one of your company, was there?
Knight. I did not mention any thing about Davy.
Q. Did Davy know his name?
Knight. I dare say he did.
Q. He knew Chambers, did he?
Knight. I cannot say whether he knew his name or not.
Q. Pray did you tell Chambers that he was a gardener?
Knight. I did not tell him about his being a gardener.
Q. You said just now you knew Stroud, you had known him, I think, four or five years?
Q. Did you know Eastman, that was hanged?
Q. Was he any relation of Stroud's?
Knight. A brother-in-law.
Q. Eastman was hanged upon Clarke's evidence I believe.
Q. Upon the sixteenth of April you was there?
Q. What time did you come?
Knight. About four, or just before it, in the afternoon.
Q. About a week afterwards you saw Stroud at the public house?
Council for the Crown. Who carried you before the justice?
Knight. Four or five days, or a week after the murder.
Q. After Stroud came in, did you ask to drink with him, or began talking of charging him and geting the hundred pounds?
Knight. I asked him to drink first; I said first, when I saw him coming, this is the man that killed Clarke, &c.
Q. What did he say to you?
Knight. He said nothing to me in no shape.
Q. Did not he call you a foolish fellow?
Knight. No not that I remember.
Q. You gave your evidence just now, that you charged him with being the man that killed Clarke; 'Stroud said I was a foolish of a fellow.'
Knight. Not to my knowledge.
Q. Did not you say so?
Knight. Not to my knowledge.
Q. Did not you tell him upon that day, If you will not give me a pot of beer, I will swear-it?
Knight. I said, if he would not, I would take him up at once.
Q. Did not he stay and drink his beer?
Knight. He was not there above five minutes.
Q. Did not you tell him, unless he would give you a pot of beer you would swear it against him, and take him up?
Knight. Yes; he staid and drank the beer, and out he went.
Q. Are you sure you was awake when he went out of the house, or drunk and asleep.
Knight. As sober as I am now, and awake.
Q. After he was gone you had some conversation with Davy, had not you?
Q. You stayed till Stroud was gone, and Davy likewise?
Q. What conversation had you about Stroud, when he was gone?
Knight. Nothing particular.
Q. Tell me, yes or no, whether you offered Davy, any part of the reward, that he should go marks if he would swear against him?
Knight. I never offered him any such thing.
Q. He is here.
Knight. I am not afraid to face any man.
Q. Did not you say you wished you knew any body that would swear any thing against Stroud?
Knight. I did not say any such thing.
Q. Did not you say, if you had seen any thing of him yourself, you would go and inform against him?
Knight. I did not say any such thing.
Q. How long was it after this conversation before you made any information?
Knight. I made no information against him, till I was fetched out of the ground last Thursday.
Q. Who fetched you out of the ground?
Knight. The man came into my master's yard.
Q. What did he say?
Knight. He said I must come along with him, and speak the right truth concerning this murder.
Q. When you told Chambers that you knew a man that committed the murder, did you or not tell him his name was Stroud?
Knight. I never mentioned the man's name.
Q. You knew his name?
Knight. Yes; because I had worked with him some months before.
Q. Pray did Chambers know where you worked till the time he fetched you?
Knight. No; I believe not.
Q. You had some conversation with Chambers, but made no information yourself.
Q. What was your conversation with Chambers?
Knight. I told him I knew the man that threw two brick-bats and knocked Clarke down twice; that was all the conversation I had with him.
Q. You say, upon your oath, that you did not say to Davy, if you had seen Stroud do any thing you would have sworn it, and wished you could get any body that could?
Knight. No; it was the last of my thoughts to trouble the man in any degree; I would not have hurt him if I could have helped it.
Knight. I did not say any such thing.
Council for the Crown. If Chambers had not found you out at the garden, and so carried you to the justice of the peace, was it your own intention to interfere in the matter, and give evidence against Stroud?
Knight. I never would have troubled myself about it, nor have given any information: I have worked and drank many a pint and pot of beer with Stroud.
Court. I understood you first that you spoke it in jest, when you said you would take him up and get a hundred pounds reward?
Knight. Yes. I believe that is the man (pointing to Campbell) that I saw shove Clarke under the water.
Q. Have you never seen him from that time to this?
Q. Have you ever seen him before?
Knight. Not to my knowledge.
Q. Have you any memory of his countenance?
Knight. Not much, he was about my size.
Q. How near was you to the deceased; was you there at the time he was ducked?
Knight. About four yards from the edge of the pond.
Campbell. He said the person that did that was a person much of his own stature.(Knight goes and Stands by Campbell, he appears to be the head.)
Q. Do you give that opinion still?
Knight. It is the man, as high as I can guess; I think it is the man.
John Jackson . I was near the pond while Clarke was in; I saw Mrs. Horsford there; I am sure that is the woman; she had a black, or a dark grey gown on. I did not care to take much notice of any body, for I was frightened.
Q. Did you hear her say any thing?
Jackson. Yes; I heard some people say, You had better go away; she said she would not go away. I saw her take up a piece of a brick, and run towards the pond.
Q. You have seen her since, I believe?
Q. Did you know her as soon as you saw her again before the justice?
Q. Did you see her more than once at the pond?
Jackson. I don't know that I saw her after that. I saw her come into the field; I heard her say she jumped out of the loom as soon as she heard the mob: I went another way, and did not take notice of what she did.
Ann Jackson . I was at the pond when Clarke was in it. I saw Mrs. Horsford, the prisoner, there: I stood upon a hill just by the pond; a woman was crying and tearing by the pond: I ran from the hill; What is the matter, I said; there is Mrs. Horsford; somebody said they wanted to drive her away; she said she would not go away; she took up a brickbat, and said she would as soon die as her husband; she throwed the brickbat at Clarke; who was in the pond; it went into the pond: about an hour afterwards, they said he was gone.
Q. Did the brickbat hit Clarke?
Jackson. I cannot say; I saw it go into the pond; I cannot be positive whether it hit him or not; there were other people throwing as well as she: then they made a hollowing.
Q. You and your husband were standing together upon the little hill?
Jackson. He was not with me then.
Q. Who were those people along with her that were advising her to go?
Jackson. I saw nobody but a weaver that advised her to go home.
Q. You say you saw her throw, but did not see it hit Clarke?
Jackson. No; it fell down by his side; she said this was the man that was the ocsion of her husband's death; she said her poor husband lost his life by this man in the pond; she was crying shockingly.
Q. Did she seem to be of such a temper of mind as to be able to know what she said?
Jackson. She was not in liquor; she looked very bad, and, by all account, had just come out of her sick bed; she looked as it she took on upon something or other.
Council for the Crown. When did you first give evidence of this; how long after it happened?
Q. Did you know her before?
Morris. Yes; seven years.
Q. You are well acquainted with her?
Morris. Very well.
Q. Did you see her in the field before Clarke was in the pond the last time?
Morris. Yes; he was almost dead then.
Q. Did you see her do or hear her say any thing when she came into the field?
Morris. I was going home; I met her upon a little narrow bridge; I put my hand under her arm, and said, Mrs. Horsford, come home, for you are a woman, that will be remarked here; I beg you will go home with me: she said she would go and look at him; I turned back, and followed her; I kept as close to her as ever. I could; I went and stood by Frank Clarke ; she and I together: I don't think she was out of my sight during the time. I came home with her, and parted with her by Bethnal-green work house; she was not above a few yards from me all the time she was there.
Q. How long did she stay there after she said she would turn back and look at him?
Morris. About three quarters of an hour. I saw her go to the pond, and speak to him; she said, Clarke, Clarke, I am left a widow; my child is fatherless on account of you, and more of your companions.
Q. Did she say any thing else?
Morris. I cannot recollect any thing particular of the words she said; I believe she said Do you remember poor William Eastman ? Clarke was naked in the pond, begging for mercy, and praying to God, as I thought, by his motions.
Q. Did you see any thing in Mrs. Horsford's hands?
Morris. Nothing at all.
Q. Was you so near that if she had done any injury to Clarke you must have seen it?
Q. You had your eyes upon her all the time?
Morris. I moved my eyes about; she was not out of my sight or hearing all the time.
Q. Did you leave her there?
Morris. I staid till Clarke was dead.
Q. Did you lay hold of her arm upon any occasion?
Morris. Yes; when I met her in the field I put my hand under her arm; I thought I would keep her from going to see him, as she was an injured woman.
Q. As you stood by the pond had you occasion to put your hand under her arm?
Morris. Not that I know of.
Prisoner's Council. Was not she in a very weak, sickly condition at that time?
Morris. She cried.
- Gibson. I was standing by the pond side; I saw her a coming. Knowing she had lost her husband, I said to the people, if any of you know this woman, and have any value for her, take her away; she came flying to the pond in great agony; she did not do any thing, to my knowledge; she looked as if she was out of her senses, and looked wild.
I am as innocent of the affair as ever was a child in the world. I neither handled brick, stone, tile, nor anything, so help me God.
Campbell. I should be glad to have asked Baldwin what time of day it was he saw me at the pond?
Baldwin. As near as I can guess about four o'clock; I could not see any dial; it snowed hard.
Campbell. How long did you see me at the pond?
Baldwin. About two minutes, when you was going to throw him in.
In my defence I have got this to say. I had been all that day in the city looking for work. I am a weaver , and sometimes a seaman. I went to Mr. Wilkinson's warehouse, in Friday-street, and staid till about two o'clock; I then went to Mr. Holmes's, in Milk-street, Cheapside; I went into the alehouse, and seeing some friends, they asked me drink; I had a person with me; they asked him first, and then they asked me; I did not know
For Stroud's Character.
Q. Was you ever at Mr. Lloyd's drinking with him?
Rutter, Yes; at Mr. Lloyd's the King and Queen, when Stroud and the man was going by; I and one Cole were drinking together about a quarter of an hour after; Stroud and I went together to see what was the matter.
Q. You are not weavers either of you?
Rutter. No; we went down to the pond, and we saw Clarke was in the pond.
Q. What did Stroud say or do, upon that occasion?
Rutter. Nothing about it, only shook his head and said, he was a sad man.
Rutter. Clarke was a sad man; so he was by every bodies account.
Q. Did you stand by him?
Rutter. Yes, all the time; not above a yard and a half off, and never saw him sling any thing, a great mob of people did; but I did not see him.
Q. If he had thrown any thing you must have seen it?
Rutter. Yes; he never offered such a thing.
Q. You were at Lloyd's with him a second time?
Q. What was done then?
Rutter. They were pulling him out of the pond.
Q. Stroud came back with you the first time?
Q. Did you stay by him all the time?
Q. Did he throw any thing upon your oath?
Rutter. He did not.
Q. Did you see the man that pulled him out of the pond to assist him?
Rutter. There were a couple of men, I did not know who they were.
Q. Did you see by this man's behaviour that he shewed a desire to assist this poor man?
Q. How did he show it?
Rutter. He strove to get hold of him, to pull him out.
Q. Did you go back with him again to Mr. Lloyds?
Q. There has been a man here has said, he saw him throw three or four brickbats?
Rutter. If he did, I did not see him.
Q. Where do you live now?
Rutter. In London.
Rutter. In Fleet-street.
Q. Whereabout in Fleet-street?
Rutter. The man's name is Jemmy Dowlam.
Q. How long have you lodged there?
Rutter. About a quarter of a year.
Q. What have you been employed in during that time?
Rutter. I have been a labourer in the brewhouse.
Q. At what brewhouse?
Q. The whole time?
Rutter. No; I have not been there long.
Q. Where was you at work when this happened?
Rutter. At Mr. Woolridge's garden.
Q. How long did you continue there?
Rutter. Five or six weeks.
Q. Lodging all the while in Fleet-street?
Q. How long had you been at work there, before this happened?
Rutter. It might be a month.
Q. And worked five or six weeks afterwards?
Q. You worked nine weeks in all?
Q. Did you work there every day?
Rutter. When it was fine that we could work.
Q. Did not you work there every day?
Rutter. We could do no work when it rained.
Q. What did you do then?
Rutter. No work at all.
Q. So you went to this alehouse and went along with Stroud to the pond?
Q. Did you stand quite still the whole time?
Rutter. No; we kept going round the mob and such like, the mob kept crowding, so we could not stand still.
Q. Did you see no stones thrown?
Rutter. Yes, a great many; by different people; I don't know any one of them.
Q. The mob forced about very much?
Q. Was you present at the time when they said, the justices people were coming?
Rutter. I did not mind that.
Q. Did you mind when the mob huzza'd and ran away from the pond?
Rutter. Yes; then the man was out.
Q. Then there was a great confusion at that time; how many people do you think was there?
Q. How far did they run back?
Rutter. Twenty yards from the pond.
Q. Was you in the inside or on the outside at that time?
Rutter. On the outside.
Q. So you knew nobody that did it?
Rutter. No; several threw at him, and the blood ran all down.
Q. So you stood to see that and did not help him?
Rutter. I thought it a sad thing a poor man should be served so ill.
Q. Did you hear many other people besides Stroud say he was a sad fellow?
Q. Was it a common cry?
Q. Some people that said so threw stones I suppose?
Q. So they all agreed with Stroud that he was a sad fellow?
Q. Did you see Stroud that day?
Q. Was you at the pond?
Winterson. Yes; I saw a great quantity of people,
"I thought they dropt out of the clouds;" somebody said, it was a Jew's burying, so we ran out; I saw Stroud when I came there, but did not see him meddle or make; Stroud was out before me.
Q. How long had he been out?
Winterson. A dinner time.
Q. What time did you go?
Winterson. About ten minutes after three; I went to the pond, and looked and saw a man
Q. How long did you stay?
Winterson. About fifteen or twenty minutes.
Q. Was he at all active in the business?
Winterson. I did not see him; he did not throw any thing while we were there; I thought they were all boys.
Council for the Crown. Why did not you drive the boys away.
Winterson. It was very cold and began to snow; and I was ready to perish.
Q. Would you stand by and see a man pelting to death by a parcel of boys and not drive them away?
Winterson. I could see the things come, and thought it was done by boys.
Q. Why did not you drive them away?
Winterson. There was a numerous sight of people, and I did not chuse to meddle or make; it snowed hard, and I had a good many cucumbers to take care of.
Q. So the cucumbers were the reason of your not protecting this man's life?
Winterson. If I had gone my master's business might have suffered two or three hundred pounds.
Court. Then why did you leave your master's business to go to see this thing at all?
Winterson. I thought they dropt out of the cloud.
Q. Was you present at Mr. Woolridge's when Chambers came there?
Winterson. I believe Stroud was not far from him, but can't recollect.
Council for the Crown. Do you know where Chamber's wife is?
Winterson. I heard she ran away.
Q. Were there many people in the same way as you about the pond that did not seem to have any desire to hurt the man?
Winterson. There were two or three thousand people there I suppose, and I did not see any body meddle or make.
Q. What people that were innocent?
Winterson. The greatest part of them, I believe.
Q. What and let these boys knock the man on the head?
Winterson. They were afraid to meddle or make; a man would not venture himself among the mob.
Court. Yet these two or three thousand were all peaceable, and these boys did the mischief?
Winterson. I could not swear to any man; Stroud I knew; every man would be afraid of coming into a hobble.
Q. Do you remember Stroud's being at work that day?
Bailey. Yes; I did not see the mob pass by; I saw them all of a body at the pond; I could not imagine where they all came from. I went down to the pond; Clarke had got about three yards from the pond; his cloaths were very heavy; he was soon in the pond again; I did not see Stroud at that time; I did afterwards.
Q. Did you see bricks and other things flung at the deceased?
Bailey. Yes, and it was impossible to see who they came from.
Q. Did you see him fling any thing at all?
Bailey. I did not; I have worked with him seven years.
Q. So you think he is a man of a cruel disposition, capable of being concerned in a thing of this kind?
Bailey. He is a peaceable man; I hardly ever heard him have a word with a man in his life.
Mark Cole . I went out of the house into the street at the beginning of the disturbance; I went into Hare-street; the mob were running into the field; I went into the King and Queen, Mr. Lloyd's; I saw Stroud sitting over beer.
Q. Was nobody with him?
Cole. I cannot say.
Q. Did he go out?
Cole. I was there all the whole time and never missed Stroud, to the best of my knowledge, above half an hour.
Q. What time was it when you first saw him?
Cole. About three.
Q. Do you know when he came in again?
Cole. The first of my seeing him was about half after three; when he came in again.
Q. You was so near this place you probably heard of what was passing, though you did not see it?
Cole. Not a word.
Q. Not hear of it at Lloyd's; being so nigh
Cole. I heard they had got a man in the field, and were using him ill; therefore I would not go in.
Q. What do you mean by saying no, not a word.
Cole. I heard people talking about it.
Q. What did you mean by saying you was by?
Cole. I was in the house.
Q. You never missed Stroud but half an hour, and he returned about half after three.
Cole. Yes, he sat down about three quarters of an hour before Clarke died.
Q. Then he could not be present at the pond side when Clarke died?
Cole. No, he sat at the same box with me when people came in and said the deceased was dead.
Q. Then he could not be present when Clarke died?
Council for the Prisoner. As you was not at the pond you cannot be certain when the man died, only what the other people said?
- Lloyd. I have been examined before. I keep the King and Queen; the prisoner Stroud came to my house that afternoon, and had a pint of beer; and when there was a noise, that a great number of people were coming up the street, I went to the door to see what was the matter; seeing a great many people I bolted my door, and would not let any body in and out; so he was in for some time; he went out; I did not miss him long; I cannot say for how long.
Q. Was the mob gone by a good while before he went out?
Lloyd. Some time.
Q. Who was along with him?
Lloyd. I cannot rightly recollect; there were several people in the house.
Q. Do you know the gardener, the man that stood up just now?
Lloyd. I have seen him at my house.
Q. Did he go out and return back with him?
Lloyd. I cannot be sure whether he did or not; I don't remember; I have known Stroud four or five years.
Q. What is the general character you have heard of him.
Lloyd. A quiet, honest, civil man. I never saw him enter into any quarrel or dispute with any body in my house; and he has been there a good many times.
Q. I think you said you do not recollect the time exactly; that it was very soon after the mob went by the first time?
Lloyd. The people came to the door and wanted to come in; I bolted the door; the house was filled up with people; I was not certain when he went; in a little time again I remember serving him with some more beer; I cannot tell how long he was out.
- Bath. I live in Hackney-road; I am a gardener; I live with my father.
Bath. Very well; the day Clarke was killed, he and my father and I went down to Spital-fields to Mr. Warren's warehouse; in going along a young man asked us if we were going to see the deceased ducked; Knight was along with me; he set out with us from our house.
Q. Where do you live?
Bath. At Hackney-road, between the Nag's head and the turnpike at Cambridge heath.
Q. What time was this?
Bath. About half after two; we saw a young lad in the Gibralter field, Mr. Walton's apprentice, he asked us if we were going to see the deceased ducked; we told him no, we were going down to Mr. Warren's warehouse for some baskets; when we came the baskets were not there; we went to Mr. Atkinson's house, adjoining to Mr. Woolridge's, he is a gardener; we found the baskets; we took up two loads of them, and came away to Mr. Woolridge's ground.
Q. How far is it from Cambridge-heath to Mr. Warren's?
Bath. Pretty near two miles.
Q. You did not set out till after two.
Bath. Half after two I believe.
Q. What time did you meet that boy?
Bath. Wanting a quarter of three.
Q. What time was it when you got to Mr. Atkinson's?
Bath. About a quarter after three; we took up our loads and went to the King and Queen and there pitched; it was then pretty near half an hour after three; we saw two young men coming along, one asked the other if
Q. Knight went away with you?
Q. Where at that time did you leave Clarke?
Bath. Between the sand house and the pit, upon the ground, lying upon his back; dying, as I suppose.
Q. What time of day was that?
Bath. Better than half after three; we went home, and got there before four.
Q. And Knight was in your company the whole time?
Q. What became of Knight after he got to your father's house?
Bath. He went away from my father's house.
Q. What are you?
Bath. A gardener.
Q. Is your father a gardener?
Q. How long have you known Knight?
Bath: Better then four years.
Q. Where did you work upon the 16th of April?
Bath. At my father's.
Q. How do you know the time?
Bath. We go to dinner at one, and come away at two.
Q. Now when you were at the pond was there a great number of people about?
Q. Did you get near to him?
Bath. Yes; within a yard, I dare say of him.
Q. And Knight was along with you all the time?
Q. Then there was not a great throng of people, it was easy to get along?
Bath. Not a great throng; we pushed thro' with much ado.
Q. Who did you see by at that time?
Bath. Nobody, that I know of.
Q. Do you know the prisoner Stroud?
Q. Did you see him throw any thing?
Q. Did you see no stones thrown at all?
Council for the Prisoner. The man was upon his back a dying, when you came there.
Council for the Crown. The place you saw him at was upon the sand, between the sand-house and the pond.
Bath. Yes; there we found him, and there we left him.
Q. That is the place he was first taken to.
Bath. He died there, by all account.
Q. How long was it after that before you got home?
Bath, About a quarter of an hour.
Q. So you heard that this man was going to be knocked on the head, and your father heard it.
Q. Did your father say nothing about your going to help him?
Q. He had no objection then to his being knocked on the head no more than you?
Bath. It was out of our power to help him.
Council for the Crown. If your lordship pleases to call Knight, and see what he will make of this story. (Knight is called.)
Q. Have you been present while this man has been examined?
Q. What do you say to it; was the man brought to the same place when he died, he had been brought to before when taken out of the pond the first time.
Knight. When I first went, I saw a man go to him, and shove him under water.
Q. How long was you there with Bath?
Knight. From a quarter before four, 'till almost half an hour after.
Q. Was Bath with you at that time?
Knight. Yes; there was a very great crowd, we were not together all the time.
Knight. I stood there while the man was pelting in the pond, and stood by Stroud, and saw him knocked down.
Bath. We were not above ten minutes at the pond; I will take my oath of it.
Council for the prisoner to Knight. Did you pitch the baskets, and leave them in the care of old Mr. Bath.
Q. How long did you stay at the pond?
Knight. From about a quarter before four, till near half after.
Q. Then you was there three quarters of an hour?
Knight. Yes; I believe I was.
- Bath. The last witness is my son.
Q. Did you send your son and this Knight, the witness, for some baskets to the warehouse in Spitalfields?
Bath. Yes; and I went with them; they went afterwards to Mr. Atkinson's.
Q. As you was going from the King and Queen you heard of this mob at the pond?
Bath. Yes; they pitched the baskets, then they took them up again, and carried them almost to the pond.
Q. Do tell your story, how long it was before they came back and went home?
Bath. I fancy it was near four o'clock when they pitched the baskets; I took care of the baskets.
Q. How long was it before they came back?
Bath. Not above ten minutes, or a quarter of an hour.
Q. How often did they pitch their baskets before they came to the pond?
Bath. Once before, and once when they came there.
Q. What time was it when you got home?
Bath. I cannot say.
Q. You say it was near four o'clock when they pitched the baskets down?
Q. Now I ask you what time it was when you got home?
Bath. I think it must be between four and five o'clock.
Q. Do you think a quarter, or half after four?
Bath. I cannot say.
Q. Could you be positive to say, upon your oath, that from the time they left you at the pond was not three quarters of an hour?
Bath. I could take an oath of that; I don't think it was above a quarter of an hour in all.
Q. Did you meet, going home, a man that is called Davy Higgins?
Bath. I don't remember; I will not say.
Q. You heard before these people went away that they were going to see this man murdered?
Bath. We heard the man was going to be ducked; the mob told us he had been in the field about an hour.
Q. How came you not to go yourself to see such a sight?
Bath. I had other business; I was to mind the baskets.
Q. Then you had the curiosity, I suppose, to enquire what they had seen when they came back?
Bath. They told me the man was dying.
Q. Was that all the story?
Q. Had not you the curiosity to ask how the man came by his death?
Q. Then upon their coming back and telling you the man was dying, you was satisfied, took your baskets up, went home, and thought it very well?
Bath. I did not think any thing about it:
Q. You thought a fellow creature being murdered was of no consequence; did you know then that he had been pelted to death with bricks.
Bath. I heard so.
Q. Did you hear so at that time?
Q. From whom?
Q. Who did they say pelted him to death?
Bath. I don't know.
Q. Where did they say the bricks hit him? did they tell you that he was in the pond?
Q. Who told you that he was dead?
Bath. My boy, and a great many others.
Q. I ask you how he told you he came by his death?
Bath. He told me the man that was ponded was dying.
Q. The question I ask you is this, who told you of the manner of his coming by his death?
Q. What did they say was the manner of his coming by his death?
Bath. They said he was pelted.
Q. Did they tell you of any wounds he had?
Q. Did they tell you he was ducked?
Bath. Yes; they said he was ducked.
Bath. I did not hear them say either.
Q. Upon your oath, what were the words used by them?
Bath. They said he was pelted to death, and lay dying.
Q. Did either of them say they saw him pelted, or ducked?
Bath. They did not say that.
Q. Did they tell you they did not see him ducked?
Bath. They told me so then, that they did not.
Court. How came they to tell you they did not see him?
Q. from the Jury. Does Knight still work for you?
Bath. No; he worked with me then.
Q. He has not worked for you since?
Bath. He did work a while afterwards, but not long.
Q. Do you still employ him when you want a man?
Council for the Crown to Cole. Do you know Mr. Pagett?
Cole. Yes; I saw him in Goodman's-fields this morning.
Q. Was that the first time?
Cole. I saw him when he came to that gentleman's (meaning Mr. Woolridge.)
Q. How often had you seen him before?
Cole. I cannot tell.
Q. Do you know what business he is?
Cole. No; no further than when he came to arrest that man one morning.
Q. Don't you know he is a constable?
Cole. I did not know he was.
Q. Did you never meet him in this part of the world were Clark was killed some time ago?
Cole. Never, to my knowledge.
Q. Did you never hold any conversation to him about that, and said he had given an alarm in the neighbourhood, by coming there?
Clark. Never, to my knowledge.
Q. Did not you meet Pagett once, and tell him he put the neighbourhood in a consternation by coming there; that they thought he came for the gardener, Stroud, for he was as much concerned in the murder as any body.
Cole. I saw him once, he came to arrest Winterson: they said the weavers were all out of the windows: I said, Who are you come after? he said, I am come after your great, big, man in the ground; I took it for Stroud, because he is a stout man; I thought he was come to arrest him: I was going up to my work; he called a boy to fetch a pot of purl, and I drank with him; I thought he was coming to arrest Stroud.
Q. For what?
Cole. For debt.
Court. I thought you did not know Pagett was an officer.
Cole. No; I knew he was a bailiff.
Q. Do you know Bath the elder, and younger.
Q. Do you know Knight?
Atkins. Yes; I went a shorter way to the pond than the Baths.
Q. Did you go to the pond yourself?
Atkins. Yes; I did; my maid said they were ducking Clarke; I said, What Clarke? she said, Clarke that hung the cutters. I went there, and saw the man lay upon the ground; I turned about and went away.
Atkins. A dying.
Q. How long was you out?
Atkins. Not above ten minutes.
Q. Where was he?
Atkins. A lying by the edge of the water, by the sand house; I went to the malt-distillers; a man came in about five minutes afterwards, and said, The man is dead.
Q. Was it possible for them to get to the pond before the man was dead?
Atkins. The man must be out of the water before they came; he was lying upon the ground when I came there, and I came a shorter way than they.
Q. How long have you known Stroud?
Atkins. Five or six years.
Q. What was his behaviour?
Atkins. A very serious, good-natured, humane man.
Q. What relation is he to Eastman?
Atkins. I believe Eastman and he married two own sisters.
Q. Have you ever heard him say any thing about this Clarke?
Atkins. I never heard him mention any things.
Prisoner's Council. Do you know whether he ever quitted Mr. Woolridge's service till he was taken up?
Court. Why he must have been dead before the Baths could reach him.
Q. from the Prisoners Council. Can you tell in what posture he lay upon the ground?
Atkins. There were so many people about, I cannot tell whether he lay upon his face, or his back.
Q. How long was that after the murder?
Higgins. It might be two or three days; Stroud seeing us sit there came in and called for a pint of beer; James Knight jumps up and says, G - d d - n my blood, you are the man I was looking for; says Stroud, Looking for me, you fool; what was you looking for me for? Why, said Knight, if you don't give me a pot of beer, I will take you up for murdering the man, and I will swear it. The house was full of people at the time; Stroud said, James I will give you a pot of beer at any time with all my heart, but not upon such an account as that. He drank out of his own pint, and neither of us drank with him. He went out of the house, and Watts with him.
Q. After he was gone, had Knight any conversation with you about this Stroud?
Higgins. No; I left Stroud in the house, and went to my lodgings.
Q. How long did you stay in the house?
Higgins The value of half an hour.
Q. Stroud went away before you?
Q. He went immediately I suppose?
Higgins. He stay'd and drank his pint of beer.
Q. Are you the man they call Davy?
Q. Had you any conversation with Knight about the baskets and people he saw?
Higgins. I was comming out of my master's ground; I met my old and young master, and him along with them with the baskets upon their heads. He said, Where are you going? I told him it was so cold I could not stand to work. Immediately we went to the Nag's Head; I told Knight we were going there: he said he would follow us. When he came home, he told us that he saw the man lie dying upon the bank, and that he did not see any body throw at him, but saw him when he was dying.
Q. Did he give you any particular account that he had seen any thing happen, or only a general account?
Higgins. He said he did not see any body throw any thing, but if he knew any body that could swear it, he would take him up; but he could not himself, because he did not go soon enough.
Q. Did he tell you in what condition the deceased was when he came up with young Mr. Bath?
Higgins. He said he lay upon the bank when he came up, and gave a groan.
Q. Did you at the Axe tell him that he told you before he saw no body?
Court. When was the reward offered?
Higgins. The Saturday night, the twenty-seventh of April, eleven days after the time.
Q. Have you heard him talk about the reward since?
Higgins. In the ground a great many times.
Q. from the Jury. What passed between Higgins and you upon this affair?
Chambers. The first of it, Davy came to my house; my wife had a shirt to wash for him; he sat down in a chair, and brings up James Knight. I said, I wished I knew where the son of a b - h was, for I had not seen him for seven weeks, and had been two or three days a-looking for him, but could not find him. He said he was at Vauxhall. I said, he told me he knew a man very active in killing Clarke. Davy said, That is Stroud. He wrote down the name himself, and carried it to Mr. Wilmot's.
Higgins. When I went to this man's house, he was talking about Knight. I said, I had left him at work; he said, Where is he, for he wanted him on particular business. I said, Does he owe you any thing? He said, No, he did not want him upon that account. One thing brought up another. I mentioned the words he said about Stroud at the Ax. Chambers said, Did you know Stroud? I said, I did know him. He said, he saw a man throw very much at the pond, in a frock, a very little man. Chambers said, he thought it was Stroud. I told him it was not him, for Stroud was a great man, and cross-eyed. He asked me if I knew him; I said, Yes. He said, Would I tell him where he was; I told him where he was, and then he said Mr. Wilmot had bound him in a forty pound bond to find somebody that had been concerned in the murder, and he must take up somebody, and he would be obliged to me to tell him. I told him I saw nothing of the affair, and could say nothing at all about it.
Council for the Crown. You offered to shew him the man at the pails?
Higgins. He said he did not know the man if he saw him.
Q. You say you told him what Knight had said at the Ax; did you tell him what Knight had said at the Nag's Head?
Higgins. No, I did not say a word about that.
Q. How came you not to say what he had said at the Nag's Head?
Court. Let me understand you about the conversation you had at the Nag's Head. Are you positive that he told you that he must take up any body, if he could prove it upon him?
Q. Was that at the Nag's Head?
Q. And what was that for?
Higgins. Mr. Wilmot offered 10 l. 10 s. and that he said the same night at the Nag's Head.
Court. That was before the reward could be offered.
Higgins. No, it was the next day after the murder was done he said he would take him up for the reward.
Court. For what reward?
Higgins. I am not certain it was the next day.
Q. Was it two days then after the murder?
Higgins. I cannot say.
Q. How many days conversation had you with him about it?
Higgins. He said so every day we were at work.
Q. Did Knight say, every day you was at work, that he would take up Stroud for the reward?
Higgins. Yes, almost every day.
Q. Where was you at work?
Higgins. At Mr. Bath's.
Q. How far is that from Mr. Woolridge's?
Higgins. A good way; there is a field and a workhouse between.
Court. You told me that he would take up any body for the reward; now you say Him, or any body. Did he talk the next day about taking up Stroud?
Higgins. I am not positive in that. As soon as ever the reward was offered in the papers, he said he would do it for the reward.
Higgins. Will Watts, and a man that lives at Walthamstow, and a man that works in Mr. Bath's ground now, and me, and Jemmy Knight.
Q. Did Chambers talk to you about offering any money, if you would assist in evidence?
Higgins. He said I should have 30 l. if I would take him up, because he did not know him. I told him I would not be seen in the affair.
Council for the Crown. Did he offer you 30 l. after you had told him you would shew him Stroud?
Q. Why did he offer 30 l.
Higgins. It may be he was afraid to take him up himself.
Q. Did you understand that he was to take him up himself, with his own hands?
Higgins. I could with an officer.
Q. And don't you think Chambers could with an officer, as well as you?
Higgins. I don't know but he might be afraid of it.
Q. For fear of what?
Higgins. For fear he might be hurt, or something.
Q. So he would give you 30 l. to take up Stroud, after you had shewed him to him?
Higgins. He wanted me to take him up.
Mr. Wilmot again. Upon Tuesday I happened to be at Hicks's Hall all day. When I came home, about eleven o'clock, I received a letter from a gentleman, giving an account of this cruel murder. I enquired of my people where it was committed; I found nobody had been to let them know any thing of it. When I enquired farther, I was told it was within about three hundred yards of my house. I immediately sent for the constable of the parish, and went down to Mr. Lloyd's. a public house, between eleven and twelve, with my servant, the beadle, and the constable of the parish. I ordered the door to be shut; I examined the people in the house; about twenty-four or twenty-five people were in the tap-room drinking; I examined them one by one; I could not find that any of them were guilty of this murder. The next morning I found that they went by the workhouse in my own parish. Some of my officers happened to be there: I sent for Mr. Woolridge, who is here; I begged he would give me an account as he was present; Mr. Woolridge called out to some people, and said, Let us be weavers; give me one of your aprons; I will be a weaver myself. The next day, Thursday, I advertised ten pounds reward myself for apprehending any person concerned in the murder; as to any body being bound over, there was no such thing as being bound over to find any body; Chambers was bound over to give evidence against Campbell; that was a long time after.
Q. from the Jury to Knight. When you returned home that evening, your master discharged you?
Knight. No; I worked there some time afterwards.
Q. Was there any thing of this sort the reason of his discharging you?
Knight. Not at all; I went away unknown to him.
For the Character of Stroud.
Q. Do you mean to say you never heard any reflection on his humanity before?
Cook. Never in my life.
Q. Did you never hear of his being at this bar before?
Cook. Never, to my knowledge.
Q. Do you know a man called Davy?
Q. Do you know Knight?
Q. Do you remember seeing Knight at the Ax, a public house.
Q. When was that?
Watts. I cannot positively tell the day.
Q. How long was it after Clarke was killed?
Watts. Sometime afterwards; Stroud was there; Knight laid his hand upon the table, and swore he would take him up for the king's reward: there were very few words passed; I was there the whole time; I went out with Stroud.
Watts. No; he came in after me; Knight and I went in togther; when Stroud came in Knight struck his hands on the table, and said he was the man he was looking for to take up and get a reward of one hundred pounds; after that, says he to Stroud, Will you lend me a shilling? Stroud said, No; then he said, if he did not give him a pot of beer, he would take him up.
Q. Can you recollect the time?
- Dawson. I keep the Angel in the city road. I have known Stroud about two years; he worked for me about two years; his general character is very good; he is as humane a man as any I know in the world.
Q. Did he always behave well?
Q. A man of humanity.
Townsend. I never knew any thing to the contrary, for the time I have known him.
John Woolridge . Stroud has worked for me, and in my neighbourhood, upwards of five years, three of which have been for me; I never saw any impeachment of his humanity, or saw him quarrel, or given to quarrel, in my life.
Q. A quiet man?
Deadrow. As far as I know.
Council for the Crown. We beg to call Pagett to discredit Cole's evidence.
Q. You know Cole?
Q. You heard him give his evidence?
Pagett. I did not; I was not in court when he gave his evidence; I know what he declared to me.
Q. What have you heard relative to Stroud?
Pagett. I am an officer; I had a writ against Winterson, that stands there, I think that is his name; I went in order to arrest him in Mr. Woolridge's ground, about five weeks ago, some time after the murder: the man was in the ground; he bid me defiance: there was eight or nine of them together; and they bid me defiance; I was obliged to retreat, for fear the plaintiff should fix me with the debt, if I made a caption, and he got away. I got up about two o'clock the next morning; he heard of my being there, and got away then: I waited then till seven in the morning: at six o'clock I fell in company with Cole; I said, It is very cold, will you have any purl? I will treat you with a pot: he enquired into my business, and said, We never thought you came after Mr. Winterson, but after Stroud; then I began to enquire what they should think I wanted Stroud for; said he, the street was all of an uproar when you came down yesterday; I knew it was in arms; a good many knowed me, says I; what, is it about Stroud that he is wanted upon? Why, says he, they thought you was come to take him about Clarke's murder; Why, says I, was he there? Yes, says he, he was there, and more in it than any weaver that was there.
Q. Are you sure he made use of that expression?
Pagett. Yes; I am upon my oath; I told Mr. Woolridge of it: here is another gardener here works in the ground with the same man; I asked him his name; he would not tell me.
Q. What is his name now, Sir?
Q. What have you to say about him?
Pagett. I went in the morning betimes, about five o'clock, I cannot recollect, it was on Friday morning after the murder, the same morning I had the conversation with Cole: I went into the ground, and waited at Mr. Woolridge's, expecting Winterson would come; this man fell into discourse, and said, What do you want; are you come to rob the ground? I said, No; to do my duty; I said, I will do that; he said, You will get your head cut open presently: I said, Very well; I wish I could see the man that should do it; says he, He is a resolute man you are after; he said, We did not think you had come to arrest Winterson, for he has not lived this way a great while; we thought you had come after my fellow servant; I said,
Q. But named no name?
Pagett. I was not so particular as to ask him about the name; I told Mr. Woolridge of it on Saturday morning.
Q. Did Cole ever tell you that he was at the pond?
Pagett. I don't remember that he did.
Q. Then how could he tell you whether he was guilty or not?
Pagett. I can only swear to the man's words.
Q. He never told you he was there?
Pagett. I will not say as to that.
Q. Are you not to have a share of the reward?
Pagett. Well, what I have I shall keep.
Q. to Cole. Is this story true or false?
Cole. It is false as God is true.
Q. Do you know Campbell?
Q. Do you remember the day Clarke was killed?
Q. Did you see Campbell that day?
Homewood. Yes; about five o'clock.
Q. How was he dress'd?
Homewood. He had on a sailor's frock.
Q. You had not seen him before that day?
Q. How long was it before you saw him afterwards?
Homewood. I drank part of a pint of twopenny, and then went away.
John Holley . I live in Pelham street, Mile-end. The day Clarke was killed I met Campbell about three or a little after, as I came out of my master's warehouse. I asked him if he had got any work; he told me no, nor did he intend to look any further, for he was determined to go to sea. I was in his company five minutes; I parted with him at the corner of Booth street.
Q. How far is that from where the pond is?
Holley. A quarter of a mile.
Q. What time of day was it?
Thompson. Three o'clock, the day Clarke was killed: he went out of the house with the rest of the company; he staid out about three quarters of an hour, then he came back again, and did not go out till seven minutes after five.
Q. Do you know the time he went out first?
Thompson. Exactly at three o'clock; he came in again at forty-five or fifty minutes.
Q. Did he go out after the news was brought in of Clarke's death?
Thompson. Yes, that was the second time of his going out; he had been out before; he went out at three o'clock, the second time was seven minutes past five; I know that, because he offered to lay me a gallon of beer that they would leave Clarke in the pond all night.
Q. So he went out in order to see after the pond?
Q. What was the wager?
Q. What did you look at the clock for?
Thompson. They said he had been in two hours.
Q. What do you know about this affair?
Bonney. Nothing, only about Baldwin's goods being appraised.
Sarah Stock . I was in the field when Clarke was killed. I went out; I was not out above a quarter of an hour. I never saw Baldwin in the fields till after Clarke was taken out of the water. Clarke was at the edge of the pond then; a little time after that, somebody drew him out of the water. Mr. Baldwin came past me, and said, How does it go? Why, says I, he is not dead yet. Says he, I will go and have a look at him. He has declared to other people -
Q. Has he to you declared any thing?
Stock. He said in my room, he would do any thing rather than work, for he was sick of it: this was before the accident happened. There was like to be a war, and he said he would turn kidnapper.
Elizabeth Woodward . I know Baldwin has declared he would turn any thing for money, before this affair happened. He did declare last summer, that if press warrants took place, he would turn kidnapper but that he would get a living.
Q. Did you hear that yourself?
Q. How long have you known him?
Driver. For eight years.
Q. What is his general character?
Driver. I never heard any thing amiss of him.
Q. Is he an industrious man?
Driver. He kept his family well.
Q. And he was well believed was he?
Here the evidence was closed on both sides, and the judge summed it up to the jury, after which Campbell asked leave to call some more witnesses.
As their names had not been inserted in the list of witnesses given on both sides, at the beginning of the trial, when the witnesses were taken out of court in order to be examined separately, the council for the crown had a right to object to their examination; but they generously declared that they had no objection to his calling whatever witnesses he thought proper, though their names had not been before given into court.
Upon which Campbell called.
*** The remarkable circumstance of Stroud's declaring his innocence of the murder of Clarke, to his last moments, has occasioned several letters to the Publisher hereof, desiring the trial may be printed without any abridgement, that the public may be able to form a proper judgment; on which account he has given it at large; so that it is hoped our Readers will not be offended that our compliance with their request has rendered it impossible to include the whole Proceedings of this very long Sessions in less than five parts.
The last Part will be published in a few Days.
In the Eleventh Year of His MAJESTY's Reign. Being the Sixth SESSION in the MAYORALTY of The Right Honourable BRASS CROSBY, Esq; LORD-MAYOR of the CITY of LONDON.
NUMBER VI. PART V.
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.
[Conclusion of the Trial of Stroud, Campbell, and Horsford.]
Q. How long have you known Campbell?
Westman. Three or four years; I never heard but that he was a very quiet, peaceable man.
Q. He bears a good character?
Q. What is his general character?
Hilbery. I never heard any thing but that he was an honest man.
Q. Was he a peaceable man?
Hilbery. Yes; a very peaceable man.
Richard Green. I live in Bethnal-green.
Q. What business are you?
Green. I am a weaver.
Q. How long have you known Campbell?
Green. Twenty-two years.
Q. What character does he bear?
Green. He is a very honest, industrious man; he always behaved well.
Q. Do you know Campbell?
Q. How long have you known him?
May. I have known him nine or ten years.
Q. What is his general character?
May. I never heard any thing of him but what was just and honest; he is a peaceable, quiet man.
Both guilty , Death .
See Stroud tried in December Sessions, 1750, No. 75, in Mr. Alderman Cockayne's Mayoralty, for the murder of Richard Chamberlain . - Probably as few of our readers are possessed of the trial, we have taken the liberty to give the following abstract of it.
"that he lodged in the house of the
"Road; that on the first of December,
"about nine at night, the deceased and he
"sat down to supper together; that the deceased
"appeared to be disguised with liquor;
"that words arose between the deceased and
"his wife, but he did not know the occasion;
"that the deceased threw a candlestick at her;
"that he then got up in a violent passion, and
"daughter down; that Stroud came in at
"that time, and endeavoured to prevent the
"deceased beating his wife; that the deceased
"struck him several blows with his fist, and
"tore his coat; that Mr. Fishook, who is
"brother to the deceased's wife, and lived
"next door to him, came in, and struck the
"deceased upon the eye, and then went
"home; that the deceased stripped, and went
"to Fishook's house to fight him; that
"Fishook's wife desired the deceased not to
"Strike her husband, as he had already a
"wound upon his head, that he had received
"two or three days before; that then Stroud
"came in and said, Dick, you have hit me
"several blows, now I have a great mind to
"hit you one; that he then struck the deceased
"upon the breast two or three times, with
"his fist; upon which the deceased fell, and
"never spoke more.
"stairs at Fishook's; that the heard a scuffle
"below, and heard Fishook did the deceased
"get away; that she went and stood upon the
"stairs, and saw Stroud come; in and swing
"the deceased out of Fishook's arms, and
"said, If you can't manage him, I can; that
"he clapped him up against the closet door,
"and going to strike him, the deceased ran
"his head into Stroud's bosom; that Stroud
"gave him one blow, and he fell down
"confirmed the above witnesses, and
"said, that she did not see, either the prisoner,
"or her husband, give any blow; and
"that she believed there was no malice between
"them, or any design for mischief.
"Perry, deposed, that Stroud interposed
"in order to make peace, but neither of them
"saw any blows given.
"Mr. Simson, the surgeon, deposed, that
"upon examining the body of the deceased,
"he observed several bruises on his head and
"face, but nothing of consequence; that he
"examined the nober parts of the body, but
"could not find any bruise or contusion that
"could be the cause of his death, said that it
"must be something internal, and that the
"blood might, by his receiving a blow on the
"stomach, be driven into the brain, and
"cause an apoplexy; but that it was impossible
"to be certain about it.
"The prisoner in his defence said, that he
"went to prevent the deceased's beating his
"wife; that the deceased struck him several
"times, and tore the cuff of his coat almost
"off; that Fishook laid the deceased upon the
"table, and then he, Stroud, fetched a pot
"of beer, and they drank together; that he
"then went to Fishook's, but hearing the
"deceased make a notice, he returned; that
"the deceased struck him, and in that scuffle
"he did strike the deceased, but there was
"no malice; that they had often worked
"and drank together.
"The jury brought in their verdict guilty
"of manslaughter, and he was branded in the
497, 498. (M.) John Kilbert and Thomas Jenkins were indicted, for that they on the king's highway, on Franco Tennant , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 30 s. and two guineas in money, numbered, the property of the said Franco , July. 3 . ++
The prosecutor being a foreigner, an interpreter was sworn.
Franco Tennant . On the third of July, about six in the afternoon, I met the two prisoners in the fields near Tottenham-Court Road; I went with them to the Red Lion, a public house in Tottenham-Court Road , and called for a pot of beer, which we drank; then the prisoners called for a bottle of wine; I took a guinea out of my purse to pay my reckoning; one of the prisoners gave it to the master of the house, who said it was light; he threw it down, and would not take it; one of the prisoners took it up, and put it in his pocket; then I gave the landlord another guinea, which he changed, and took his reckoning; the two soldier s took the change, and put it into their pockets: I went out of the house; the two prisoners followed me; they threw me down; one took the watch, the other the two guineas out of my pocket, in the open road, about sixty feet from the Red Lion. I was not in liquor; the soldiers had no arms; they threw me down upon the ground; I did not understand what they said
Q. Did you say nothing to him when he took the guinea in he house?
Tennant. No; because nobody in the house understood French. I had seven guineas; I put two loose into my pocket, because I did not chuse to show my money; the rest was in my purse; I had all my money in my purse when I came into the house: it was in the public house I took out first the light guinea; then the other guinea, which was changed; I took out the other two guineas, that if I wanted money I might not be obliged to take out all the money at once; I put the purse into my right hand pocket, and my other money in my left pocket, which was the reason why the soldiers missed my purse, and took only the two guineas from me.
Q. How long had you been in England?
Tennant. I came to England last Monday; I had only laid one night in London. Kilbert was taken immediately after: they are both the men that robbed me, coming from a farm that was in the neighbourhood.
Q. Did they offer any other violence than throwing you down?
Q. What had you drank at the public house?
Tennant. I drank two or three small glasses of wine.
Q. Was you in liquor?
Tennant. No; I was a little merry, but not drunk; the soldier put my hands over his shoulders, and walked with me to the place where he throwed me down.
Kilbert. He only swears this for the reward.
Tennant. The justice told me I should get some money for my expences, if I convicted the offenders; but I know of no other reward.
Francis Dubois . The prosecutor is servant to an officer in the garrison at Calais; I came over along with him last week; our business was to buy dogs; we went to Mr. Burley, and there bought some dogs: in coming back we met these soldiers; they came up, and in time entered into some conversation; I was amazed to hear the soldiers talking English, and my friend knew no English, and my friend talking French to them that knew no thing of French: we came afterwards altogether to a public house; we called for a pot of beer; we drank some; I entered into a conversation with some people there about France, and about the prices of provisions in France, and did not attend to what went forward between the soldiers and my friend: Kilbert called for a bottle of wine; I drank none, I don't know what my friend drank; I did not drink any, nor consider it as my friend's wine, but what the soldiers called for: I called to my friend, and bid him pay for what we had had; he took his purse out, and took out a guinea to change; the master of the house complained it was small; he said, Give me another; he did: I did not see who took up the light guinea, whether the prosecutor, or the prisoners; nor did I see who took up the other guinea. I was in conversation with another man, asking him questions, and did not see it; nor did the prosecutor complain to me that he was robbed of a guinea and the change while in the house. I got up, and we all went out of the house; I sat down upon a bench before the house; I thought the prosecutor was coming back again, that he was only gone into the yard: be came back soon afterwards, and said he was robbed.
Joseph Salt . I keep the Red Lion. These four people, the two soldiers, and the two Frenchmen, came into my house on Wednesday last. They called for a pot of porter. The Frenchmen were between the soldiers. They drank a pot of beer. After the pot was out, one of the soldiers called for a bottle of wine. I thought they did not appear as if they drank wine. I hesitated; one of the soldiers said, D - n your eyes, what do you mean, bring a bottle of wine, I will pay for it. I brought it, and said, Gentlemen, pay for it, I don't chuse to chalk up wine. The soldier said. Blast you, don't scruple, bring another bottle, I will pay for both. The Frenchman took out his purse, and threw a guinea on the table, which I did not approve of. I found it light; I told them it was a bad guinea; the soldier said, D - n your eyes, bring another bottle upon the strength of it. They were very lavish with it, and gave it to
Q. Are you sure it was the same light guinea?
Salt. Yes; the prisoner pretended he had taken that guinea for hay-making. The prisoner Kilbert, when first examined, insisted he had never seen the other man before; that he did not know his name; but next morning, when committed, he acknowledged he knew the other man very well. The watch was afterwards found in the prosecutor's great coat pocket. I remember seeing the watch, when the Frenchman went out, in his sob, for I saw the chain dangling low upon his thigh. The soldier was sober, the Frenchman a little in liquor, but not so much but as to know what passed.
The landlord seeing the Frenchman in company with us, he encouraged us to drink wine. The landlord brought two bottles when we called but for one, till he made us drunk: it was not my guinea; the Frenchman would make me take the guinea; I don't know whether he did not put it into my pocket; I cannot tell certainly. After we came out of the house, we were walking along; he fell by mere accident: I am entirely innocent; I took nothing from the Frenchman. I would have gone home, but I was so much in liquor I did not know the way.
What Kilbert has said is very true. I went immediately home.
Both guilty , Death .
499, 500, 501. (L.) William Leegroves , John Bailis , and Joseph Lyons , were indicted, the two first for stealing a silver tankard , the property of Hance Newsham , and the last for receiving it, well knowing it to have been stolen , June 7 . ++
Hance Newsham . I am a publican at King James's Stairs, Shadwell . I missed my tankard about five in the afternoon, on the seventh of June, out of my top-room: I found the two prisoners, Leegroves and Bailis, and Richard Eaton , drinking in the tap-room; they had a tankard of beer, and some gin; I observed the tankard; it was a particular fashioned one; it stood upon the bench by the side of the prisoners; I happened to have occasion to go out; when I came back again, the prisoners were gone, and very soon after the waiter missed the tankard: there were several other companies of people in the tap room; but there were nobody but these people in that box where the tankard was. I took the prisosoners next morning: they plied at the stairs near my house.
Q. Did they appear publickly about their business.
Newsham. Yes; Bailis in particular came into the house; I suppose they had had some information that I was after them, and so chose to put the best countenance on it, and shew themselves. I thought they were all in liquor.
John Wrist . I live with Mr. Newsham; Bailis and Eaton came in first, between eleven and twelve o'clock, and called for a pint of beer; they drank that, and then they called for a tankard; I told them the tankards, I believed, were all engaged; they complained of that and said, D - n you, or b - t you, we will drink in silver as well as another,
Q. Do you think they were in liquor?
Wrist. I do not think they were.
David Stevens . I am an apprentice to Mr. Newsham; I took the reckoning of these people about half an hour past three o'clock; they put their money down on the table: at that time I did not see the tankard; I had seen it about two o'clock. I remember one went out a little before the rest, in order to stow their boats, as I understood.
Ashur Hart . The two prisoners, Groves and Eaton, came to my house one Friday afternoon before our sabbath, about a month ago, and wanted me to buy some plate; I refused to look at it, so I don't know what it was. I live in St. Catharine's; I keep a shop, and sell silver.
Richard Eaton . Bailis and I went into the prosecutor's house to have some beer, about eleven o'clock, on Friday the first of June; we had five pots of beer; some in a tankard, with a lid, and two or three half pints of gin; one of us put the tankard on the bench by him, when the gin was on the table, and Bailis put it in his pocket; then he went out with pretence of stowing his boat, and carried the tankard to his father's we paid our reckoning, and then went away; Bailis went first, and we followed him to his father's; Bailis unlocked the door, went up; and brought the tankard down. Then we went away to Ashur Hart , and asked him to buy some plate; he said he had been in trouble before, and would not meddle with it; but he gave us something to drink: then we took a boat, and went over to Rotherhithe, to a man we thought would do it for us; he said he never did such things, and gave us a direction to a man in Dukes-Place, or Petticoat-lane, or thereabout; we went back to St. Catharine's, went through the Minories, and so to Petticoat-lane, or Dukes-Place, I can't say certainly the place; we went to the place we had been directed to, but could not find the man: from thence we went down to one Daniel Thomas 's, in Denmark-street, Ratcliffe-highway, and enquired for one Judith Cassandra ; she sent Ann Davis with Groves, to shew him a fence; * he returned again, and brought two pounds, eleven shillings, and six-pence, and said that was the money the tankard came to: one of the prisoners said we would satisfy Cassandra, and Davis gave them three shillings, and then divided fifteen shillings a piece, which was just the amount of the money. Groves had nothing but his jacket on whilst he was at Newsham's, but afterwards put on Bailis's coat, and had the tankard in Bailis's great coat pocket, till it was carried out to this fence.
* A cant word for a person that buys stolen goods.
Ann Davis . I live in Denmark-street. I was acquainted with this Judith Cassandra ; she came to me on the sixth of June; she told me there was a man had a warrant against her; I let her be at my house; Eaton came in and asked for the old woman: I never saw him before; she asked me if I would be true to her; then she told me that these three men had been dragging for a dead man, and had got this tankard, and wanted me to go to a person to assist them in disposing of it, and directed me where to find out Lyons: Groves went with me to Dukes Place; there I found Lyons; Groves asked him if he bought such and such things; he said he did; he asked him what he gave an ounce; he said three shillings and six-pence, but he said he did not mind for another six-pence: we walked about through several turnings, till we got into Bishopsgate-street; there we went up into Sweet-apple court; we went into a public house, and they gave me two-pence to buy some beer; while the Jew and he went away, they staid about twenty minutes; then they came back again, and the Jew paid two pounds, twelve shillings; sixpence was dededucted for the liquor; the money was two guineas, four shillings, a five and three-penny piece, and six pennyworth of half-pence. Groves and I went home; there we found the other two; they had had some more liquor, and were sleepy and in liquor.
I am very innocent: this man, the evidence, went to the house half an hour before I went out. I was at home most of the day.
I was in liquor; it was half an hour after we left the house before Eaton went away.
When I was apprehended, about a fortnight ago, I told the justice that I did not receive the tankard. I was taken ill on the king's birth day, as the doctor can prove it.
Leegroves called Samuel Shepherd , who had known him four or five years; John Raven scroft , some time; Adam Scott , William Camper , James Doddrington , Joseph Tyler , Mary Cane , Michael Murphey , and Sarah Evans , who had known him from a child, and who all gave him a good character; several of them said the same of Bailis.
Q. How do you know the date?
Benjamin. Because I am sure of it: if I get a patient, I always book it; it was on the Wednesday.
Q. Did he come to you, or you go to him?
Benjamin. I went to him in Petticoat-lane, some court or other, I believe they call it Bull Court.
Q. Had you ever attended him before?
Q. How far do you live off?
Benjamin. In Plough-street, Whitechapel, not far from the church.
Q. What time in the morning did you send to him?
Benjamin. It might be between eleven and twelve in the forenoon.
Q. Who came for you?
Benjamin. I believe a young fellow; I cannot justly recollect.
Q. Did you see Lyons?
Benjamin. Yes, at his house.
Q. What room was he in?
Benjamin. In his room, I believe; two pair of stairs.
Q. Was he up, or in bed?
Benjamin. In bed.
Q. What was the matter with him?
Benjamin. He had a pleurisy; I bled him.
Q. How long did you stay with him?
Benjamin. Best part of half an hour.
Q. How long was he before he got better of this?
Benjamin. I went to see him the evening. following. I attended him ten or eleven days.
Q. After you had bled him in the morning, when did you first see him again?
Benjamin. In the evening, about eight, or half after eight.
Q. Was he in bed, or up?
Benjamin. In bed.
Q. When did you see him again?
Benjamin. The usual time next morning; I go out about eleven or twelve.
Q. In what condition did you find him?
Benjamin. Very bad in bed; I ordered him medicines.
Q. Did you see him on Thursday?
Benjamin. Yes, in the evening; I always attended him twice a day.
Q. And upon Friday?
Benjamin. Yes, then I attended him between eleven and twelve.
Q. In what condition did you find him on Friday?
Benjamin. The same condition, rather worse; he was sick in bed.
Q. Was he able to get up, in your judgement?
Benjamin. Not as I know; to my thinking, he was not.
Q. What time did you see him afterwards?
Benjamine. It was after the Sabbath was begun, in the evening.
Q. What time in the evening?
Benjamin. Pretty near eight o'clock.
Q. Are you sure it was not past eight?
Benjamin. It might be past eight; I will not swear to it.
Q. Was it light or dark?
Benjamin. I am sure it was light.
Q. Where did you find him?
Benjamin. In the same place I left him in all the times.
Q. Did you find him in bed on Friday evening?
Benjamin. I believe he was in bed; to the best or my memory he was: I attended him in the morning, and desired him not to go out.
Benjamin. As a sick man.
Q. How did his appear?
Benjamin. A stitch in his side, with a pledrify: I bled him.
Benjamin. Yes, on the Sunday following.
Q. Was he not bled between Wednesday and Sunday?
Q. Do you think he was able to get up or o out?
Benjamin. Not to go out, as I think.
Q. Did you see him again on Saturday morning?
Benjamin. Yes. He appeared much the same as usual, rather better. Sick people are generally better in a morning than an evening.
Court. How long have you known this man?
Benjamin. Five or six years.
Q. What way of life was he in?
Benjamin. That I cannot tell.
Q. Don't you know how he gets his living?
Q. You have known him five or six years, and not know how he gets his living?
Benjamin. It is not my business; I don't enquire about such things.
Q. But your own patients, I should think, among your own people, you would know?
Benjamin. I understood he worked in the jewellery business.
Q. Has he any family?
Benjamin. A brother and sister, I believe.
Q. Is he a housekeeper?
Benjamin. I believe he is.
Q. Was you ever before at his house?
Benjamin. Yes, when any of the family were ailing.
Q. How many days did he keep his bed?
Benjamin. I attended him nine or ten days.
Q. How many days did he keep his bed?
Benjamin. Four, or five, or six days, I will not say; I bled him on Sunday; he was not well then.
Q. I dare say you would not have bled him if he had been well?
Benjamin. I thought him ill.
Q. You say you attended him nine or ten days; he did not keep his bed all the time, did he?
Benjamin. That I will not say.
Q. Can you tell how long he did keep his bed?
Benjamin. I will not say he kept his bed any time, because I was not with him the time.
Q. But you can tell how often you found him it bed when you attended him?
Benjamin. I believe five days.
Q. Are you sure it was more than two days?
Q. Are you sure more than three?
Benjamin. That I am sure too.
Q. What will you say to four days?
Benjamin. I will not say to that. I am sure he was in bed on Sunday.
Q. That may be, that is an idle day. Are you sure of the day of the week when you first attended him?
Benjamin. Yes, on Wednesday.
Q. What day of the month was that?
Benjamin. The fifth of June, I believe.
Q. When did you hear first of this misfortune that had happened to him, that he was accused of this crime?
Benjamin. I was ordered to come here to attend this court.
Q. I ask you when you first heard of his being accused of this crime?
Benjamin. About a week or ten days ago.
Q. Did you not hear of it till a week or ten days ago?
Q. You told us you entered the date in your book when patients commenced?
Q. You set down what you prescribe for them too?
Benjamin. Yes, in a book.
Q. Have you that book here?
Q. What, is it in English or Hebrew?
Benjamin. Neither, it is in Latin.
Q. Did he send to you as soon as he was taken up, to let you know he was taken up?
Q. Do you know what justice they had been before?
Q. Was you never applied to before to attend here?
Q. Who was in the house to take care of him when he was so ill?
Q. Only a young fellow?
Benjamin. I cannot say who attended him.
Q. Had he any nurse?
Benjamin. I cannot say.
Q. I wish you had brought us that book of yours;
Benjamin. I have not got it here.
Q. How long should you be in fetching that book, we should have it here; I suppose there is entered in that book all you prescribed for him from time to time and his name?
Benjamin. I did not prescribe a great deal for him. I repeated the same medicine over and over again.
Q. What was it?
Benjamin. For a pleurisy, what I thought proper.
Q. Cannot you tell us what you thought proper to prescribe for him?
Benjamin. Only boluses.
Q. What was the composition?
Benjamin. The composition in plain English, is Venice treakle and spermaceti, and this I prescribed for him.
Q. And any thing else?
Benjamin. And powders thrice a day, powders of crabs eyes.
Q. I suppose you put down on your book all those prescriptions?
Q. In a regular day-book?
Benjamin. I do not keep a regular day-book, my business is not so great.
Q. But you must keep some book to make out your bills?
Benjamin. I have a small pocket book I keep it in.
Q. Then perhaps you may have that book about you?
Benjamin. I have not that book, I have another book.
Q. Where is that book, you keep it in Latin?
Benjamin. I must be at home at my house.
Q. Who have you at home any body that can give it if we send for it?
Benjamin. I do not think they can.
Court. It is of meat consequence to have your evidence established, (he takes out a little pocket book, and looks over it.)
Benjamin. I have not got it here.
Court. I should not think it likely you should have it there because you told me you entered down the time you first attended this man, entered the name and what you prescribed for him in Latin?
Benjamin. Yes, I entered it in my book.
Q. In Latin?
Benjamin. I entered it down on such a day.
Q. But in Latin?
Benjamin. I prescribed it in Latin to my druggist. I do not keep a shop.
Q. Well then, who is your druggist?
Benjamin. Mr. - what's his name; (there he appeared much confused, and made a long pause. I never was in a court in my life, nor nothing like it.
Court. Take time to consider of it, I asked you who that druggist was?
Benjamin. I cannot remember the name now.
Court. Not remember the name now, where does he live, surely you may know where he lives; I can forgive you for not remembering his name, but you must know where he lives?
Benjamin. He lives by Aldgate, the corner.
Mr. Rogers. There are two druggists there, one is Humphryes, and the other Crowther.
Benjamin. I believe it is Humphryes.
Q. You prescribe your medicines, and they are made up at a druggists, you must know who is your druggist you deal with?
Q. Who is this man you deal with?
Q. Where does he live?
Benjamin. The corner of Little Duke's place, facing the pump, I believe.
Q. You must know your own druggist, tell me exactly where he lives?
Benjamin. I do as I know.
Q. How long have you lived in Plow-street?
Benjamin. Between three and four years.
Q. It is impossible you can be a stranger; you must know the spot exactly; where does he live, does he live opposite the pump, or where?
Benjamin. Not far from the pump, there are two or three live thereabouts.
Q. Which do you mean?
Benjamin. Only this one lives on the right-hand side of the way as you go towards the 'Change from Aldgate.
Q. Recollect yourself, is it the left-hand or the right-hand side of the way?
Benjamin. The right-hand side.
Q. Do you know the house?
Q. Can you show the house?
Q. How long have you dealt with Mr. Humphreys?
Benjamin. Three or four years.
Q. I suppose he has got upon his file all your prescriptions?
Benjamin. I gave no prescriptions, because I am no physician.
Q. How are your medicines made up?
Benjamin. I tell them what to take, and how they are to be mixed up.
Q. Remember you told me before, not having the medicines in your own house, you prescribed them in Latin for your druggist to make up?
Benjamin. I do.
Q. That is in writing?
Benjamin. No; I go there and tell him how to make it up.
Q. What do you go and tell them in Latin how to make it up?
Q. And if Mr. Humphreys was here, do you think that he would tell us that when you come to have your medicines made up, you prescribe them in Latin?
Benjamin. Yes, the very same.
Q. You dealt with this man three or four years, has he made up all your medicines during that time?
Q. In what way, for ready money, or was there an account between you?
Benjamin. Always for ready money.
Q. Do you think he would know you again?
Q. If you deal for ready money, how is it that you keep the account between yourself and patients?
Benjamin. Because I do not bring great bills in, I must have so much for the cure.
Q. How much had you for this young man's cure?
Benjamin. I am not paid yet.
Q. Have you the account?
Q. Do you know how many times you attended him?
Benjamin. I do not go this way, if I bring a bill, I must be paid according to what I say.
Q. Do you know what quantity of medicines you sent to him?
Q. Were all the medicines sent in to this young man, made up at Humphryes's?
Benjamin. No; I made up a great many at home, some drops that I keep.
Q. Recollect which of the medicines were made up at Humphryes's, when the young man was ill, that he had, and which you made up yourself?
Benjamin. I cannot justly recollect.
Q. You gave him repeated boluse's made of Venice treakle and spermaceti; you had not got these things yourself?
Benjamin. I bought sometimes a trifle and mixed them up afterwards myself at home.
Q. Did you do that in this instance, or send your prescriptions to Humphry's?
Benjamin. I went there the first time, I bought the things and mixed them up myself at home.
Q. Can you recollect what quantity of Venice treakle or spermaceti you bought at the time this young man was taken ill?
Benjamin. I cannot recollect.
Q. You only bought the quantity once at Mr. Humphryes's, and that was all?
Q. You told me you prescribed the medicines in Latin to your druggist; now I find there was no such prescription, for you only went and ordered so much spermeacti and Venice treakle?
Benjamin. No, my lord.
Q. Now, you seem to have been a little confused, and sometimes to have spoke not quite consistent with yourself in some part of your evidence; recollect yourself and tell us whether you are sure you ever attended this young man at all?
Benjamin. I am sure I have.
Q. And what makes you sure as to the time?
Benjamin. Because I am positive: there was a fire-work on Tower-hill the day before.
Q. Can you recollect it by any other circumstances, except remembering a fire-work the day before; is there any thing else occasion your remembering it to be the next day after the fire-work?
Benjamin. I have got it down, it is the 5th of June.
Q. As you told me before you had entered it in your book, and the medicines in Latin you gave from time to time?
Benjamin. Not the medicines, I never do that, that is good for a druggist or apothecary.
Q. How came you to tell me you did do it; you know I asked you if it was in English or Hebrew, you told me in neither, it was in Latin; you understand Latin, I suppose?
Benjamin. A little.
Q. Can you turn Venice treakle and spermaceti into Latin?
Benjamin. Yes I can.
Q. What is Venice treakle in Latin? (here he pauses.)
Court. Perhaps you may have forgot. Can you tell me what is spermaceti.
Benjamin. Dreock is Venice treakle.
Q. What is the powder of crabs eyes?
Benjamin. Oculus concororam.
Q. Now I want to know where these entries are that you told me you made in Latin?
Benjamin. I did not make any entry in Latin.
Q. Well, do you now stand by it or not that when you go to your druggist you describe these drugs in Latin?
Benjamin. No; I only tell him what the drugs are I want, and then make them up myself.
Q. Then there are none of these prescriptions or descriptions in Latin, of your medicines? you have none?
Council for Lyons
Q. Had this man, Lyons, any family?
Benjamin. I cannot say.
Q. Did you see his wife?
Benjamin. I saw a woman there, and there was a man there. I gave orders to the man in the room, to give him the medicines as I ordered.
Q. I suppose, if there had been a wife there to take care of him you would have taken notice of that; you would have given the directions to her, to be sure?
Benjamin. Yes, to be sure.
Jacob. Very well; he worked with me; he lodges with me?
Q. In what apartment?
Jacob. The two pair of stairs. I am the housekeeper.
Q. Have you any family?
Q. Has Lyons any family?
Q. Do you remember his being ill at any time?
Jacob. Yes; the fourth of June, the king's birth-day; he went to see the merry-making at Tower-hill.
Q. Did you go with him?
Q. Did you see him go out?
Jacob. Yes; sometime in the afternoon.
Q. Did you see him come home?
Q. At what time?
Jacob. In the evening, between nine and ten, almost ten; he was very ill, and obliged to go to bed; he complained he was very ill, crushed with the mob. He could not stand.
Q. How long did he keep his bed?
Jacob. About nine or ten days; he got up about the room, but was not fit to go about.
Q. I suppose, being ill, he was pretty much at home?
Jacob. Always at home.
Q. When did you see him after Tuesday night? Was you in the room then?
Q. Who helped him to bed?
Jacob. I did.
Q. Did you see him next day?
Jacob. Yes; he was so ill he was not fit to go out.
Q. Who fetched him?
Jacob. I don't know.
Q. Do you know what time the Doctor came?
Jacob. I believe, in the afternoon of the fifth, on Wednesday.
Q. Did you see him in the afternoon?
Jacob. I believe I did.
Q. Do you know what time?
Jacob. I cannot recollect.
Q. Do you know whether he came in the morning, or not?
Jacob. I am pretty sure he came in the afternoon; what hour, I am not certain; he bled him, and gave him some medicines; some stuffs.
Q. Do you know what sort of medicines? In what form?
Jacob. Something to rub his sides, and some stuff to take inwardly; I cannot tell what; some was like ointment, to rub his sides.
Q. What was he to have to swallow? was it liquid or pills?
Jacob. Pills and liquids too.
Q. What, in phials or boxes?
Jacob. The ointment in boxes; some in little bottles.
Q. Did he pull them out ready, or mix any thing at the house?
Jacob. I do not know.
Q. Did you see any powders?
Jacob. I cannot recollect whether I did or no.
Q. Were there any medicines given at the time he bled him?
Jacob. I cannot say; I was in the room when he bled him, not when he gave him the medicines.
Q. How, then, do you know what medicines he gave him?
Jacob. I said, I did not take particular notice.
Q. That was on Wednesday. Did you see him every day?
Q. When did you see the doctor the next time?
Jacob. On Sunday morning, I think.
Q. Did you see him between Wednesday and Thursday, any time?
Jacob. I cannot tell.
Q. When did you see him give any medicines? Did you see him when he brought the medicines?
Jacob. Yes; on Wednesday.
Q. What time?
Jacob. The afternoon.
Q. To whom did he give them?
Jacob. I cannot tell. I was at work; he went to give the medicines in the back room.
Q. What room do you work in?
Jacob. The two pair of stairs fore room; the man lay in the back room.
Q. Did you go into the back room at all?
Jacob. Yes; when the doctor bled him, I went in for that.
Q. What did you do?
Jacob. Nothing at all, I only saw the doctor bleed him.
Q. Did you hold the bason, or do any thing?
Jacob. I held the bason for him.
Q. How long did you stay in the room, after the doctor bled him? Did you stay in the back room till the doctor went away, or did you leave the doctor there?
Jacob. When the doctor shut him up, after the blood was done running, I went out.
Q. Who first; you, or the doctor?
Jacob. The doctor.
Q. How long did he stay in the room, after you came out?
Jacob. About half an hour; I cannot tell how long.
Q. From Wednesday to Sunday, did you work in that room?
Q. The whole time?
Q. Do you keep any servants?
Q. Did you not go out on your business?
Jacob. No; not in the day time, only in the night time; all the days, I was in the room at work, from morning till night, except the sabbath.
Q. Did you see the doctor there on Thursday?
Q. On Friday?
Jacob. I did not take particular notice whether he came or no.
Q. Where was you on Friday?
Q. At what time did you leave off?
Jacob. At seven; then my sabbath began. Then I went to the synagogue.
Q. What time did you come home?
Jacob. About half after seven.
Q. Then you was not there above half an hour?
Q. Did you stay at home the evening?
Q. What time did you go to bed on Friday?
Jacob. About ten.
Q. You was in the next room to the prisoner; now can you tell whether the doctor came there at any time while you was at home on Friday night?
Jacob. No, he was not.
Q. Where was Lyons on Friday night?
Jacob. In his room, a-bed.
Q. Did he get up at all?
Q. What time did you see him on Friday?
Jacob. I saw him all day.
Q. Could not you tell then, whether the doctor came in.
Jacob. He did not come in as I took notice.
Q. Did you see Lyons before you went to the synagogue?
Jacob. Yes; that was about seven.
Q. You came home in half an hour from the synagogue?
Jacob. Yes. I asked him how he did before I went.
Q. Did you go into Lyons room when you came back?
Jacob. Yes; and staid there about an hour. I was, from half after seven to half after eight, in his room; then I went into my own room, supped, and went to bed about ten o'clock.
Court. This lad met with some accident at the fire-works; did he?
Jacob. Yes; he complained of being bruised, his head ached, and he had a pain in his limbs. He was bruised all over his limbs.
Q. Had he been thrown down?
Jacob. No, squezed; he said, he were fairly lifted up with the mob.
Q. What kind of ointment was this for him?
Jacob. I do not know; it was rubbed all over his body.
Q. How long was he rubbed with it?
Jacob. Five or six minutes at a time for about two or three days.
Q. As the doctor did not come from Wednesday evening when he bled him, till Sunday again, he brought a good deal of medicines with him I suppose?
Jacob. Yes; he did?
Q. How many?
Jacob. I did not count them.
Q. You saw the bottles, I suppose?
Jacob. Yes; he put them down on the table.
Q. And how many boxes of this ointment?
Jacob. Several boxes; I did not count them.
Q. As this poor lad was in bed and so bad, who was to give him the medicines?
Jacob. I gave him some.
Q. Did the doctor desire you to give them to him?
Jacob. Yes; he did.
Q. Was nobody else in the house but you two?
Jacob. Yes; but they did not come up.
Q. Who were they?
Jacob. Two little girls, my sisters, but they did not come up; one is eight years old, the other eleven.
Q. There was nobody else in the house?
Q. As you did this kind office when he was ill to give him his medicines, do you recollect what kind of colour that was in the bottles?
Jacob. Some brown, some white, and some red; I cannot tell particularly what colour.
Q. How did you give it to him in the bottle itself, or pour it into a cup, or how?
Jacob. Some in a cup, and some in a spoon.
Q. Was you directed to give so many spoon, was it fulls, or how?
Q. What kind of stuff was that in the spoon; was it liquid?
Jacob. Yes; all liquid.
Q. Was there any pills?
Jacob. I only gave him the draughts.
Q. Do you know what a bolus is?
Q. Was there any bolus's?
Jacob. I saw no boluses; I did not give any boluses; I do not know whether there was any or no.
Jacob. I did not take particular notice.
Q. He desired you to give them; did he not?
Jacob. How many bottles a day was you to give him, and how often?
Jacob. Some in two hours, and some in three hours; I cannot recollect now. On Sunday the doctor came to see his patient.
Q. Was you in the room with him?
Jacob. Yes; he bled him.
Q. What did he say to him then?
Jacob. He said, he was a little better, and bled him.
Q. That was twice then that he bled him?
Q. You do not know who went for the doctor on Wednesday morning?
Jacob. My young sister went for him.
Q. Had the doctor ever been at your house before?
Jacob. Yes, several times.
Q. Who did he use to come to?
Jacob. To me.
Q. Had he ever visited him before?
Jacob. No, never to visit Lyons, but he had been to visit me.
Q. What message did your sister carry to the doctor?
Jacob. She told him, a young man that worked with her brother was taken ill last night.
Q. Then the doctor came?
Q. Did he bring the medicines with him?
Q. As soon as the doctor had bled him, and given you the medicines, he went away, and you saw him no more that night?
Q. You saw him but once on Wednesday, and that was in the afternoon?
Jacob. Yes, and he came again on Sunday morning; I don't think he came any more.
Q. Then you saw him but twice?
Jacob. No, to the best of my knowledge.
Q. How long did he keep his bed?
Jacob. Seven or eight days.
Q. Then how was it the doctor came no more to him?
Jacob. He found he got better.
Q. Was not the doctor to come again till he was sent for?
Jacob. No; Lyons gave him such orders; he said, if he grew worse, he would let him know.
Q. Did he give him these orders the first time?
Jacob. No, they were his own agreement on Sunday.
Q. Did the doctor bring any more medicines on Sunday?
Q. What sort of medicines?
Jacob. Of all kinds, some bottles and some stuffs.
Q. But he getting pretty well before they were all used, the doctor was not sent for any more?
Samuel Harris . I live in Bull Court, Petticoat Lane; I lodge with Isaac Jacob in the three pair of stairs back room: I am a bookbinder. Lyons lodged in the two pair of stairs back room. I have lived there three months. Lyons went out on the king's birth-night; when he came home, he said he was not well, his head ached.
Q. Was any thing else the matter with him?
Harris. No; he sent a boy the same night to Mr. Benjamin.
Q. How do you know it was a boy?
Harris. Jacobs told me the same night, that it was a boy. I saw Mr. Benjamin in Lyon's room the next day, but don't know the day of the week, nor the time of day; and Israel Jacob was there. The doctor said, he must bleed him in the afternoon.
Q. Did he bleed him then, in the morning?
Harris. No, only in the afternoon.
Q. What did he do in the morning?
Harris. I don't know, I did not stay in the room. I saw the doctor in the afternoon go up to Mr. Lyons, but did not go up myself. I saw the doctor the next day go up to Mr. Lyons; I was going out.
Q. What day of the week was that?
Harris. I can't remember; it was the next day after the fire-works.
Q. How long did Lyons keep his bed?
Harris. Eight or ten days.
Harris. He did not come out.
Q. Was Lyons able to go out of doors in that eight days?
Court. Did you see the doctor bleed Lyons?
Q. How many times did you see Benjamin there?
Harris. I can't tell, I saw him coming and going.
Q. Was it the same evening that the fireworks were played, that the boy went for the doctor, and at what hour?
Harris. Yes; I can't tell what hour.
Q. What did Lyons complain of when he came home ill?
Harris. He complained of nothing but his head.
Bailis, guilty T .
Leegroves. guilty T .
Lyons, guilty T. 14 years :
Prosecutor. My lord, I would humbly beg leave to recommend the prisoners to your lordship; they are neighbours children, and their parents are people in repute. I believe it is their first fact, and they were very much in liquor.
502, 503, 504, 505. (L.) John Holland , William Green , Mary Chymist , and Ann Pennick were indicted, the first for stealing a wooden box, value 3 s. a linen wrapper, value 1 s. a thread laced hood, value 18 s. a yard and half of point lace, value 4 l. a pair of tripple point laced ruffles, value 30 l. a point laced tipped, value 6 l. one pair of point laced lappets, value 6 l. a point laced cap, value 3 l. one linen worked apron, value 4 l. a linen apron edged with thread lace, value 20 s. two pair of lined worked ruffles, value 5 l. a pair of linen ruffles, edged with thread lace, value 18 s. four pair of thread laced ruffles, value 12 l. four pair of thread laced ruffles, value 40 s. three blond laced caps, value 3 l. one black laced tippet, value 20 s. and one artificial rose, value 3 s. the property of John Leake , Esq ; and a Dresden handkerchief, value 3 l. the property of Sarah Leake , widow. Green and Chymist for receiving the box and wrapper , and Pennick for receiving a yard and half of point lace, value 4 l. being parcels of the said goods well knowing them to have been stolen , June 5 . ++
Mrs. Leake. I was going by the Stage-coach into Norfolk, on June 5, between eleven and twelve o'clock, and took a hackney-coach; I took a parcel of boxes and other things in the coach with me, the box containing the things mentioned in the indictment, I had packed up myself, and afterwards sowed it up in a wrapper. I had given it to my maid to put into the coach, after I understood from my maid that she had put it into the coach, I saw it in the boot; in order to be more certain about it, I spoke to the coachman to know if he was sure he had the box; he said he had, and gave me the dimensions of it with his whip, to assure me he had it; at the very instant almost he turned round and swore that the box was gone. I know nothing of the persons who took it.
(Several of the articles produced and deposed to by Mrs. Leake.)
Q. Is the coachman here?
Mrs. Leake. No, we could not get him to come.
John Strutton . I am acquainted with all the prisoners; the four prisoners and I lodged in the same house in Hatchet Alley, Chick Lane; they lodged up one pair of stairs, I upon the ground floor; Holland and Green lived with Howell and Chymist; Holland knocked at the door between twelve and one at night; I was lying upon the bed dressed, a woman that lives with reopened the door, I saw Holland come in with something upon his shoulder; I did not know then that it was a box; I concluded it was from what happened afterwards; it appeared then like a sack. Holland went into the one pair of stairs room where Mary Chymist was at that time in bed; he staid there about a quarter of an hour, then he came down stairs with a candle, he had not set down the candle before Green came in; Holland said to Green, Sophia, that was a cant name he went by, I have touched a box of lace in a coach, the lace I warrant will be worth to us twenty guineas; if we had the worth of it, it is worth one hundred. Sarah Howell (who is not taken) came in then, they all went immediately up stairs, and I heard no more conversation. The next morning Green and Holland went out and staid about a quarter of an hour; afterwards Chymist called up the other women, Ann PennickAnn Pennick came in just before them in a slurry, and sat down on the bed in the lower room, and then the men went up stairs. Ann Pennick said, that is Aaron the Jew: they were up stairs about half an hour; then the Jew came down with the bird eye handkerchief under his arm full of something, and went away; the other men came down at the same time, but did not go out immediately, but came into my room on the ground floor. Holland had the bottom part of a wooden box covered with paper, and a piece of lace in his hand, and an artificial rose, which he put upon the table near where Sarah Howell was sitting by the fire, and gave the piece of lace and the rose to Sarah Howell ; she said, the lace was not enough to go round her cap; they immediately began to pull the box to pieces, and stripping the paper off from the wood, and went to burning the box as fast as they could. Green afterwards threw something which appeared to be brown, a kind of sacking, like a fine hop bag, (and which I suppose was the cover this box was wrapped up in when it was brought into the house by Holland) down the necessary; the rose was burnt the next day by Green. After Sir John Fielding 's people had been to search the house, he took it from Howell, thrust it between the bars, and burnt it. This piece of wood I took out of the fire, with the hinge (producing a bit of a wooden box, covered with paper, with a hinge to it.)
Mrs. Leake. I can venture to swear that this is part of my box.
Court. I observe the paper on one side of the box is of a deeper colour than the other
Mrs. Leake. It was so at first.
Strutton. I did not know, at that time, that they were come there about these particular things, therefore I did not say any thing about them.
This yard and half of point lace (producing it) was offered to me by Pennick, on the seventh of June, in the evening: I asked her whose it was; she said it was Lady Hall's. I stopped it; neither Lady Hall nor she came any more. I had a hand-bill afterwards; I found the description answered; I carried the lace to Sir John Fielding 's, and told him what had happened. I went to Mr. Leake's, to shew him the lace; I told him who I had it of; we went to Chick-lane; Pennick met us, and asked if we wanted her. I said, we wanted her, about the lace I had of her; she said, she was willing to go to Sir John's; she went with us, and was committed.
Robert Coben . I am a pawnbroker, and live in Tothil-street. This (producing half of a Dresden handkerchief) was brought to me by Sarah Howell ; and this (producing a net laced hood) was brought by one Salters.
Mrs. Leake. This handkerchief is my mother's; It was in the box.
I did not lie in the house that night; I laid on the other side of Tower-hill. I came home the next morning; two gentlemen were at the door; they said they had lost some money. John Strutton said, I have a guinea and a half in my shoe; the girls have touched me. I asked him to lend me a shilling or two till the Monday following, when I got into work.
I never was in the house; I did not know them till I was in prison. Strutton swears false for the sake of ten guineas. I am an apprentice to one Mr. Thorpe, an ironmonger, in Old-street.
I never saw any thing of it; it is a common lodging house, free for any girl, a disorderly house; there was a man robbed, the same night, of two guineas. I know nothing of the prisoners.
Holland guilty , T .
Green guilty , T. 14 .
Chymist acquitted .
Pinnick guilty , T. 14 .
506. (L.) Ann Caton was indicted for stealing a brown silk gown, a purple and white cotton gown, a linen apron, a linen shirt, a linen handkerchief, a silk handkerchief, a linen table cloth, and a linen pillow bier , the property of Elizabeth Johnson , widow; May 19 . *
Elizabeth Johnson . I live in Lambert-street, White Friars ; I keep a chandler's shop . I know nothing of the prisoner; I was not at home when my clothes were stole, and I can only swear to them. On the nineteenth of May, I went out about six o'clock in the evening, and they were safe then in the parlour; I did not come home till nine, and the clothes were gone. I think I locked the door about six o'clock, it is a lower apartment; I can't swear that I locked the door. (The goods produced, and deposed to by the prosecutrix.)
Sarah Phillips . I lodge up two pair of stairs in the same house as Mrs. Johnson lives. I was looking through my own room window, a little after six in the evening, on the nineteenth of May, the prisoner was in the house five minutes; she went out with a lap full of things; she had nothing in her lap when she came in. I am sure it was the prisoner; I had never seen her before; I ran down stairs, and put my hand to this woman's door, and it flew open. I went after her towards the temple, cried Stopthief. I overtook her; and, her apron opening, I saw the corner of the gown. I said, I would swear it was Mrs. Johnson's (as I saw it was a brown silk gown, and pink silk lining); I took her home with me; the constable came; as he was among the rest of the mob, I desired him to take her up to my room. She put all the things upon my table; the constable took her out. I am sure those are the things I took out of her apron.
Q. Were the things in the bundle?
Phillips. Loose in the apron.
Q. You never saw the prisoner before?
Q. How many people were there between you and her, going out of the house?
Phillips. A great many.
Q. It might be another woman that was in the house, perhaps?
Phillips. I am pretty sure it was her.
Q. Did you observe her countenance?
Phillips. I did.
Q. How long was she out of the house before you went after her?
Phillips. Not long; not a minute.
Q. How long did she continue out of your sight?
Phillips. Not two minutes.
Q. There were many people in the street?
Q. Was there not a funeral?
Q. What did she say?
Phillips. She said, she should resolve that before somebody else.
Q. Did not she say a man gave them her?
Phillips. Yes; she did, before she alderman.
Q. You saw her come in?
Phillips. Yes. She came in with nothing in her apron, and afterwards went out with her apron full.
- Bishop. About the nineteenth day of May, I was sent for about a robbery committed in the house of Mr. Marshall, about a quarter past six. I saw the prisoner with her apron full of these things; I asked her where she got them; she said, a young man gave them her. When I asked her what they were, she said they were things given her by a young man in brown clothes, to take care of for him; she said she did not know where the man was; I asked her where she was going with them; she said, she would shew me, if I would go with her; I told her she must go with me. I took her up stairs, and took these things out of her apron. These things, they are produced, are the things. When she was before the justice, she made the same defence a before.
Q. Did she man gave any reason why he gave them?
This man was not sent for for above half an an hour after I was in the house; they put me in Wood-street Compter; I don't know who were in the Compter; they never brought me before any justice, and used me very ill. I was cracking nuts; a man, dressed in brown clothes, came, and says to me, Be kind enough to take this bundle; he said that the funeral was of a relation of his. I stood three or four minutes, and then followed the man; I was not gone two minutes, when she ran after me, abused me, and brought me back to the house where I stood upon the step.
Guilty , T
- Garrard. I am a gangsman: I belong to Smart's and Dyce's key; I saw the prisoner at the bar on the twenty-first of May, when I was landing a lighter of sugar; I saw this man about ten o'clock in the morning, loitering about; I took him with his hands in the hogshead, taking the sugar out, and he had a bag under his apron which he put it into: I went and seized him, and saw the bag with the sugar in. (The sugar produced.) This sugar belonged to Messrs. Christian and Smith.
I was going by to look for work where they were landing sugar; they cried out, Who works? I said, I will; I went, and some of the sugar came out of one of the casks; I took it up; some of the ticket porters gave me handfuls; it was as black as it could be; I was taking it off the ground.
For the Prisoner.
Guilty . T .
William Sanders . I am a hosier in St. George's, Bloomsbury ; the prisoner came to my shop to talk about his master that he lived with, who he said would be a good customer; he prevailed upon me to send some stockings to No. 5 in James's street; so I sent my servant with nineteen pair of silk stockings. My servant not returning, I went there and found him in great distress, and found he had been defrauded. I am servant to the prosecutor. I was sent with nineteen pair of silk stockings; the prisoner received me in the dining room. I delivered him the stockings; he said he would go and shew them to his master in the next room: I was rather dubieus about trusting him; but being in the same house, I thought they were safe, so I let him have them to shew his master. The prisoner did not return again, so, after waiting some time, I opened the door where I thought to find the prisoner and his master; there was nobody there: upon enquiry I found he had no interest there; he only lay there that night, in a lodging taken for his master. The prisoner was taken that night; eighteen pair of the stockings were found on him.
(The stockings produced and deposed to by the prosecutor.)
I had them on credit.
Guilty . T .
509. (M.) William Thwaites was indicted, for that he, in an open place near the king's highway, on William Brown did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch, the inside case made of gold, the outside case studded with gold, value 6 l. and 29 s. in money, numbered, the property of the said William Brown , May 23 . ~
He was a third time indicted; for that he, in a certain field and open place near the king's highway, on Benjamin Binnon did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a tobacco-box, value 6 d. and 2 l. 12 s. in money, numbered, the property of the said Benjamin , May 23 . ~
There was no evidence on either of these trials to affect the prisoner, excepting the evidence of - Tudor, the accomplice.
To which he pleaded guilty .
511. (M.) Mary Knight, otherwise Murphey , and Sarah Jones , were indicted for stealing twenty-four pair of stone buckles, value 50 l. thirteen pair of stone knee buckles, value 5 l. fifteen silver pencils, value 3 l. 3 s. twelve pair of Bristol stone sleeve-buttons set in silver, value 24 s. and one mahogany shew-glass, with two drawers, lined with velvet, value 21 s. the property of James Thwaite , May 12 . ++
Both acquitted .
512, 513, 514. (M.) Thomas Morris , Elizabeth Davis , spinster, and Elizabeth Jones spinster, were indicted; the first for stealing a white dimity counterpane, a yellow tabby gown, two silver tea-spoons, and one large French plate table-spoon , the property of Elizabeth Harris ; and the two others for receiving the white dimity counterpane and yellow tabby gown, well knowing them to have been stolen , June 27 . ++
All three acquitted .
The prosecutor deposed, that the gown belonged to a customer of his wife's, who is a mantuamaker; that the gown was missed, with some other things, between six and seven in the evening: that he was in the room at five, and saw the drawers wide open, but did not suspect any thing: that when they missed them, he recollected he had seen a man go out of his passage about five o'clock, with a large bundle under his arm, which he believed to be the prisoner Morris.
- Kenny. This gown (producing it) was offered to pawn by the prisoners Davis and Jones on the twenty-fifth of June, for half a guinea. I stopped it.
Prosecutor. This is one of the gowns that was stolen out of our house.
- Mohawk. I found this bunch of keys (producing them) in a dirty shirt which was owned by the prisoner. One of the keys opened the prosecutor's door with a great deal of ease.
Morris, Guilty , T .
Davis, Acquitted .
Jones, Acquitted .
Guilty, 10 d. W .
516. (L.) Henry Robinson was indicted for receiving a thickset coat, a pair of plush breeches, and a thickset waistcoat, well knowing them to have been stolen by Charles Baker , the property of Richard Boonham , May 9 .
Guilty , T. 14 years .
John Ward was indicted, for stealing four linen shirts, value 7 s. one crape gown, value 20 s. one linen gown, value 16 s. one cotton gown, value 12 s. one long lawn gown, value 18 s. one cloth waistcoat, value 1 s. one silver stock buckle, value 4 s. one black satin cloak, value 20 s. and eight silk handkerchiefs, value 20 s. the property of William Pitts ; June 21 . ++
Guilty , T .
522. (L.) Elizabeth Williams was indicted, for stealing a pair of silk mittins, value 6 d. two yards of thread lace, value 6 d. five pieces of linen cloth, containing two yards, value 2 s. and two linen caps, value 6 d. the property of Samuel Rutter ; June 6 . ++
525. (M.) Mary Harris was indicted, for cutting up and destroying, on the fourth of May, about the hour of three, in the night, fourscore plants, value 6 s. the property of Joseph White , standing and growing, in an in-inclosed garden , the property of the said Joseph.
Joseph White . I keep a garden at Stepney . My wife and I were awaked, on the fourth of May , by the tinkling of a bell at the garden gate; I looked out of the window, and saw the prisoner stealing my plants. I went immediately, and secured her.
I am a poor girl; I am an hundred and fifty miles from home.
Both acquitted .
530. (M.) Mary Howell was indicted, for receiving one pair of treble point lace ruffles, value 30 l. well knowing them to have been stolen by John Holland , the property of John Leake , Esq ; June 7 . ++
William Biggs. I am a farmer and victualler, at Stanstead, in Hertfordshire. On the sixteenth of January, I sent two teams to London, with flour. My man brought me word that two horses were seized by two men and a constable, one from each waggon. Sweetman, Smith, and Howard, sent me a notice to meet them next day at the Swan, in Fetter-lane: this is the notice (producing it, it is read.)
Mr. Biggs, Sir,
Take notice, that unless you meet me at the Swan, in Foster-lane, No. 108. porsley at twelve o'clock, your horses will be condemed according to law.
Jney 16, 1773.
I went there, and found Sweetman, Smith, and Howard. I took two of my friends with me; I asked them who they were; they gave me their names; they shewed me the act of parliament, and told me my horses were forfeited. I asked them what they valued them at; at first they said, thirteen guineas; however, they came lower, till at last they asked four guineas; I throwed the four guineas down upon the table; Sweetman insisted upon two guineas more, and he refused one guinea being too light; my friend changed it; they took the four guineas: then a sort of an attorney they had there, drew up a kind of a preamble; that was a promise that I should not proceed against them afte rwards: my friend and I insisted upon going before a justice, which they refused; they wrote an order to the constable, and signed it with their three names, for him to deliver the horses; they called it a warrant. I went to Mr. Goulding, the constable, in the evening; he refused to part with the horses: we went before justice Wilmot; he said the constable had an authority to deliver the horses by that writing: I paid five shillings, and got my horses out, and sent them home.
Q. One was a mare, I think; of what value was that?
Biggs. Seventeen pounds.
Q. Of what value was the horse?
Biggs. Eleven pounds.
Q. Did not you earnestly intreat them to do it; and tell them that the horses was not your own?
Biggs. Yes; I did; but I desired to go before the justice, which they refused.
Q. What was done to them?
Dunn. Delivered to the constable, Goulding.
Thomas Bateman . I was with Mr. Biggs on the 17th of January, at Fetter-lane: I was a neighbour of his; I came up with intention to buy these horses, thinking they were forfeited, as I deal in horses: the prisoners, and
Q. from Sweetman. He said Biggs threw down the money; I understood Biggs before that his friend threw down the money.
Court. No; he threw down the other guinea in the room of the light one he objected to.
Q. Did you see any memorandum drawn up in writing?
Q. Do you know what the purport of it was?
Bateman. No; I cannot read; it was a dirty looking fellow that wrote it, while we were absent.
Q. Mr. Bigg was not present when this note was wrote?
Q. to Dunn. Did Sweetman see you driving this waggon?
Bateman. I don't know.
Q. Where did they take the horses off?
Bateman. Near the Bull inn, in the road; they stopped us as we were coming back empty; they said they had seen us with our waggon loaded: I don't know what they did: I saw Howard sign this paper for the delivery of the horses; they all three signed it: here are three witnesses saw it besides myself. (The paper read.)
The affair between the bearer, William Bigg , and us being accomodated, you will please to deliver to him his horse and mare, upon paying all expences, &c. and for so doing, this is and shall be your sufficient warrant: Witness my hand, the 17th of January, 1771.
(To Mr. Goulding, constable.)
John Bonham . I am a jeweller, and live in Foundery court, Lothbury . The prisoner at the bar came to my shop on the fourteenth of September, about eleven o'clock; he had been two or three days before, and left word he would call next morning; he appeared very well dressed; he told me he wanted a diamond ring; I shewed him several; we agreed for the value; the price was twenty-seven pounds; he beat me down as low as he could, because he said it was ready money; he opened his pocket-book and gave me this draft for thirty-five pounds, (producing a banker's check) and desired me to give him the balance, which I did, which was eight guineas, and there were some few shillings I was to allow for paying ready money, which he was to call for in two or three days, but he never called again; he went away with the: ring and the eight guineas.
Q. When he presented the draft, was there nothing said about it?
Bonham. It was a check draft, and as I knew the banker, I had no doubt about it: I asked him what his name was; he said Thomas Williamson : I asked him who recommended him; he said Mr. Thompson, at a coffee-house by the Exchange; I knew one of that name very well, and thought it was him: I sent the draft to Mr. Gines's, to desire him to put it to my account, as I kept cash there; I found it was a fraud; I went to Sir John Fielding 's; he was taken up about May; I think it was some months after. Before he was taken up, I had notice to come to Sir John Fielding 's; there I found the prisoner: there was half a score people; I was ordered into the room; they asked me if I should know him; I said I believed I should; they told me to find him out; I picked him out at once: when I had patched upon him, I had my man with me that knew him by sight, he pitched upon the same man. I was ordered to attend Sir John Fielding the Wednesday following; I did; he said before the justice I had used him ill; I had sold him a ring a good deal above the value, and that the ring fetched but sixteen pounds. I was bound over to prosecute. (The note is read.)
35 l. 8 s. 0 d.
Q. from the Prisoner. How many were the odd shillings?
Bonham. I think, ten shillings.
Bonham. Far from it; I knew him very well; Bureau said he was a party with him; that they had divided the money between them.
Bonham. I heard of several people that had been taken in the same manner.
Prisoner. I never was before a court in my life before. My name is not Gumpay Humphreys.
Court. If not so, you should not have pleaded to the name.
Prisoner. There may be more men than one of that name: I never was before a court in my life.
Q. from Court. Was the draft ready filled up when it was presented to you?
John Sibley . I am servant to Mr. Bonham. On Tuesday, the eleventh of September, the prisoner came to my master's house, and asked if the gentleman was within; I said, No; he said he wanted to look at a diamond ring or two; that he would call in the morning: he did not come in the morning, but the next day; but on the Thursday my master was not at home; he came again the next day; I asked him his name; he said it was very immaterial, my master did not know him: he came on the fourteenth; I saw him that day, when he went; I was not present when the draft was given. I did not see any thing that passed between my master and him: I was sent with the draft afterwards to the bankers; they said it was a false draft.
Sibley. Two men came.
Prisoner. How do you know who paid the draft to your master?
Court. He did not say you did; he says you was at the house that morning, and there twice before, wanting to look at some diamond rings.
Prisoner. Do you know how your master came to know my name was Gumpay Humphreys?
Prisoner. How came your master to take me?
Sibley. Because I suppose he thought you the right man.
Q. to Prosecutor from the Prisoner. Did you say when you first came in that you did not know me?
Mr. William Gines . This draft was brought to me about the day of the date of it, by John Sibley . The purpose for which it was brought was, that it might be entered on Mr. Bonham's book; he kept cash at our house. I refused to do it, and told him that this Winnest, the pretended drawer of this draft, was a person unknown to me. I never had any account or connexion whatever with any person of that name, nor do I know that there is any such person existing. I was present at Sir John Fielding 's when Mr. Keeling officiated for Sir John at the examination of the prisoner. Mr. Bonham was sworn. A number of persons were brought into the room, I believe not less than twenty, that Mr. Bonham might fix on the culprit, and Mr. Bonham did so; he very calmly and sedately looked round the room from man to man, and he did deliberately fix upon the prisoner, and said, That is the man. Mr. Bonham's servant, who stood by, did not at all interfere; but some time after his matter had thus fixed upon the prisoner, he spoke, an said, That is the man; I perfectly know the man. At the second examination, the prisoner said, You little jeweller, how should you advertise that I had defrauded you of a diamond ring of twenty-seven pounds value, and eigh guineas. Know, there is a balance of money due to me. You know you owe
Q. from the prisoner. You seem to be so exact in every thing that passed; pray, can you recollect how many odd shillings I mentioned to Mr. Bonham were owing to me?
Gines. I can't recollect exactly.
Court. Prisoner, that sort of behaviour will not be of use to you; conduct yourself with decency becoming your situation.
Prisoner. I know myself innocent; therefore I hope your lordship will permit me to ask such questions as I think necessary.
Court. You may ask any questions that may be of service to you, but don't be so flippant.
Prisoner. When Mr. Bonham was desired to pick out the man, whether he did not say he could not swear to the man, as it was six months ago?
Mr. Gines. Mr. Bonham did not say that, he walked round Sir John's office with great caution; he said it was six months ago; and after he had deliberately walked round from man to man, he fixed upon the prisoner.
Prisoner. Did Mr. Bonham intimate that he said no more about it, because I cleared it up so plain: this Davis would have been a material witness with regard to my innocence. I will call a witness to prove that one Humphreys paid away drafts many times: my name is Gumpay Humphreys Eliezer .
For the Prisoner.
Eliezer. The justice desired us all to walk into the room, every man that was there; I was present; I stood next the prisoner at the bar: Mr. Bonham then, after looking some time, looked very hard at me, that I was thinking he would say I was the person; he said he did not know the man, and it was six or nine months ago: this was the first time of the examination: he said he did not know the man, being six months ago.
Court. Tell me the very words?
Eliezer. He did not know the man, being six months ago; perhaps the man might have altered in the time: one Mr. Bureau standing next to him and Mr. Bond, Sir John Fielding 's clerk pointed with a pen at the prisoner; when he pointed with a pen, Abraham Bureau made answer, That is Mr. Humphrys; he made answer to him in Hebrew, that he should not be afraid, for he would come through it.
Q. Before that, had Mr. Bonham fixed upon Humphrys at all?
Eliezer. No; he was looking all round the room, and could not see the man; and looked very hard upon me, being of the same size.
Q. He had not challenged the prisoner as being the man till Bond pointed with the pen to him, and Bureau said, That is Mr. Humphrys?
Eliezer. No; he did not say he knew him till Bureau said, That is Mr. Humphrys.
Q. Then he had not fixed upon Humphrys till after Bureau said, That is Mr. Humphrys.
Q. How did he fix upon him then?
Eliezer. He said he believed it was him, but put on his spectacles at the same time, and said, that being six or eight months ago, he could not be sure as to his person; he said a man might alter in six or seven months.
Q. Is that all that passed?
Eliezer. All that passed at that time.
Q. Upon the first examination, did Mr. Bonham speak positive to Humphrys, or not?
Eliezer. After Bureau said it was him, he said the same, that it was Mr. Humphreys.
Q. You told me just now that he believed it was, but it was six months ago, and a man might alter his face?
Eliezer. He said so, and that a man might alter his speech too: twenty people were present.
The Jury. This witness, I believe, was in court during the examination.
Q. Was you in court?
Eliezer. Yes; I was in court.
Q. What way of life is he in?
Court. If you don't know how he gets his living, I shall ask you no more of his character.
Emanuel. His father was a tea-merchant in Angel-alley, Church-street.
It was a piece of malice; I was ordered last sessions to be admitted to bail; Mr. Gines and Mr. Benham desired them not to bail me, that I might not go about to get my witnesses myself.
Guilty . T .
Owing to the inaccuracy of the indictment, he was acquitted .
Se No. 409. and 10. last sessions.
The following prisoners, who were capitally convicted, in a former sessions, received his majesty's pardon, upon the following conditions: Richard Butcher , Charles Baker , Charles Calligar, alias Gallagan , John Macdonald , Thomas Price , to be transported during their natural lives; and William Kenny , for seven years.
Robert King , William Jackson , John Suttle , Robert Connor , John Hatton , and Eward Vaughan , capitally convicted last sessions, were executed at Tyburn on Wednesday, the 26th of June. Vaughan was drawn on a hurdle to the place of Execution, agreeable to his sentence.
Henry Stroud , and Robert Campbell , capitally convicted this sessions, were executed near Bethnal-Green on Monday the eighth of July, and their bodies delivered at Surgeon's-bail to be dissected and anatomized.
The Trials being ended, the court proceeded to give judgment as follows:
Received sentence of death, eleven.
Transportation for seven years, thirty-eight.
Ruth Frostick , otherwise Harris, otherwise Jones; Scotus Marshall , Ralph Mitchell , James Troope , Richard Jones , Hannah Welch , William Smith , Martha Walker , Sarah Radford , Mary Putnam , Richard Emmett , Terence Etherington , John Gew , Mary Ingram , Elizabeth Clemenshaw , Joseph Larcher, Mary Hawkins , Thomas Morris , Mary Barnes , John Johnson , John Frances , George White , Mary Harris , Gumpay Humphrys , Benie Aarons , Mary Read , Sarah Hurst , Mary Lockitt , John Holland , William Leegroves , John Baylis , Ann Caton , Lawrence Wallace , Sarah Smith , David Hunlic , William Kelly , Thomas Lucas , Edward Eagle .
Transportation for 14 years, four.
Howard and Stedman.
The following prisoners, who were capitally convicted, in a former sessions, received his majesty's pardon, upon the following conditions: Richard Butcher , Charles Baker , Charles Calligar, alias Gallagan , John Macdonald , Thomas Price , to be transported during their natural lives; and William Kenny , for seven years.
Robert King , William Jackson , John Suttle , Robert Connor , John Hatton , and Eward Vaughan , capitally convicted last sessions, were executed at Tyburn on Wednesday, the 26th of June. Vaughan was drawn on a hurdle to the place of Execution, agreeable to his sentence.
Henry Stroud , and Robert Campbell , capitally convicted this sessions, were executed near Bethnal-Green on Monday the eighth of July, and their bodies delivered at Surgeon's-bail to be dissected and anatomized.
William Wemms , James Hartegan , William M'Cauley , Hugh White , Matthew Killroy , William Warren , John Carrol , and Hugh Montgomery , Soldiers in his Majesty's Twenty-ninth Regiment of Foot, FOR THE MURDER OF Crispus Attucks , Samuel Gray , Samuel Maverick , James Caldwell , and Patrick Carr ,
AT THE Superior Court of Judicature, Court of Assize, and General Gaol Delivery, Held at BOSTON, by Adjournment, Before the Hon. Benjamin Lynde , John Cushing , Peter Oliver , and Edmund Trowbridge , Esqrs. Justices of the said Court.
Just Published, Price bound EIGHT SHILLINGS,
Curiously engraved by the best Hands, a new Edition, being the SEVENTH,
BRACHYGRAPHY, OR, SHORT-WRITING made EASY to the MEANEST CAPACITY.
The Whole is founded on so just a Plan, that it is wrote with greater Expedition than any yet invented; and likewise may be read with the greatest Ease.
Sold by his Son and Successor, Joseph Gurney , Bookseller in Holborn, opposite Hatton-Garden; who takes down Trials at Law, Pleadings, Debates, &c. and also sold by the most eminent Booksellers of London and Westminster.