NUMBER VII. PART I.
Sold by S. BLADON, at No. 28, 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 JAMES TOWNSEND , Lord Mayor of the City of London; the Honourable Sir WILLIAM HENRY ASHHURST , Knt. one of the Justices of his Majesty's Court of King's Bench *; the Honourable Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas +; Mr. Serjeant GLYNN, Recorder ++; THOMAS NUGENT , Esq; Common Serjeant ~, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
The *, +, ++, and ~, refer to the Judges by whom the Prisoners were tried.
(L.) First London Jury.
(2d L.) Second London Jury.
(M.) First Middlesex Jury.
(2d M.) Second Middlesex Jury.
First London Jury.
Second London Jury.
First Middlesex Jury
Second Middlesex Jury.
NATHAN COOKE was indicted for stealing one glass bottle and cover, value 1 s. one glass decanter, value 1 s. one glass quart cup, value 8 d. two half pint glasses, value 1 s. three half pint glass tumblers, value 1 s. two glass cruets, value 1 s. one cut glass pint mug, value 2 s. and eight cut glass salts, value 8 s. the property of Richard Russell and Creighton Francis Horne , Aug. 21st . +
Richard Russell . I live at Stratford in Essex : I am in partnership with my son-in-law Creighton Francis Horne . I know the glasses found on the prisoner are our property; they were lost out of the warehouse; I can tell they are mine as well as any man can tell his own hand writing; they were found upon him. My son is blind: his house had been robbed, and his desk broke open last Saturday fortnight; the prisoner had been footman to my son, and the person that got into the house got in at the window without opening the door, which gave me a suspicion of him; I got a warrant to search his lodging, but he had left it about three weeks before. I was not present when the things were found.
John Holmes . I am clerk to Mr. Creighton Francis Horne : I went with the officer, whose name I believe is Farrell, to execute the warrant; I found the things produced in a box where the prisoner lodged; he was there when I found them; I believe the box was locked and his brother opened it; they were both in the room; I believe it was his brother's room; the prisoner said the glasses belonged to his aunt; I asked where she was; he said below; I desired his brother to call her, and she came up; she said she had some glass ware but could not recollect any of these were her's; I desired her to recollect two or three times ever if any part of them were her's, or she had any like them; she said she could not recollect they were her's; I told the officer I suspected they were stole, and one piece I was certain was; it is the cup; it was made five years ago for one Mrs. Balkay; she objected to it on account of the shape, and it has remained in the warehouse ever since; the cup has a peculiarity in it; I saw it in the warehouse about two or three months before the house was broke open. The things have been in my custody ever since.
John Clubb . I am under-clerk and warehouse-man to Messrs. Russell and Horne; the prisoner said before the Justice I gave him two of the glasses; the warehouse is constantly open that any body in the house may have access to it except in the night. I recollect giving one glass for his master's use; he had broke one, and came and asked for it: I gave him nothing else.
Robert Maurice . The prisoner said before the Justice that I gave him four of the falts, I have given him tumblers for the use of his master in the room of some he had broke: I never gave him any for himself in my life; he had a tumbler two or three times while he was servant there for his master's use; I cannot recollect any of the things.
Q. to Holmes. Do you remember the house being broke open?
These things which stand upon the bar these men gave me for a little beer I sent for from the public house.
The witnesses both denied ever having drank at his cost.
Guilty . T .
512, 513, 514. (M.) THOMAS ASHBY , EDWARD LUNDY M'DONALD , and ANDREW LATIMER were indicted for breaking and entering the dwelling house of Edmund Bailey on the 26th of July, about the hour of ten in the night, and stealing eight silver table spoons, value 2 l. eleven silver tea spoons, value 14 s. a silver cream pot, value 10 s. a silver strainer, value 5 s. a gold ring, value 10 s. a silver shoe buckle, value 2 s. and forty-eight copper farthings, the property of the said Edmund Bailey , in his dwelling house . +
(The witnesses were examined apart at the request of the prisoners).
Edmund Bailey . I keep a public house in Oxford-street . Between nine and ten o'clock in the night of the 26th of July , my wife went up stairs; she screamed, and cried out stop thief! I ran up stairs and found the door of the one-pair-of-stairs fore room broke open, and four locks of bureaus, and a lock of a nest of drawers; were broke open, and I missed the things mentioned in the indictment (repeating them). I searched all about the house but could not find the persons.
Q. Was there day light enough to distinguish the face of any man?
Bailey. I cannot say, I had a candle; I have
Q. Had you before that recommended it to him to turn evidence?
Court. Then you must not mention any thing that he said in consequence of that.
Bailey. Then I will pass that over. When before the Justice, I said I wished I had gone up stairs instead of my wife, upon which Macdonald said suppose you had, d - n your eyes, I would have chucked you out of the window.
Joseph Lucas . I am a cordwainer: I live opposite Mr. Bailey, who keeps a public house. At eight o'clock on Monday night I went for a pint of beer; when I was there his wife went up stairs; she cried out stop thief; I jumped up directly and saw Ashby on the stair case; I am sure he is the man; I saw him go from the landing of the one-pair-of-stairs; after I saw him come down from the landing of the stairs I told Mr. Bailey to lock his doors; he made an attempt to go down the cellar stairs, from which I believe there are two steps; I went in pursuit of him, and found him not there; before Bailey could lock his door I look upon it Ashby escaped out of the house; I saw no more than Thomas Ashby . After I told Mr. Bailey I thought he went down the stairs, I went and looked among the butts but could not find him; there was a mob in the street; they hollow'd out there was somebody on the top of the house; I went there but could not see him; I described to Mr. Bailey his dress and apparel. On the Tuesday about six in the afternoon I was at Mr. Bailey's house, and a person came up and told Mr. Bailey he thought the man I had described was at the corner of Gee's-court, Oxford-street; that is one turning from Mr. Bailey's; Mr. Bailey called me up to go to look at Ashby; I went and saw him; he answered the description I had given of him; I said to him there is a person at Mr. Bailey's would be glad to speak to you; he blasted his eyes, his limbs, and mine' and the house, and said no one wanted to speak with him there; I said he must come; he said he would not; I took hold of him by the collar, and said I apprehended him for robbing Mr. Bailey's house, for I saw him on the one pair of stairs landing place; I took him to Mr. Bailey's house; he said he was innocent, and that he was at the Nag's-head in the Ambury at the time the robbery was committed; when I came back again I took him to the watch-house; when I took him into the watch-house he said d - n me, you took me up for the sake of the forty quid; the meaning of that word I did not know; then he turned round and looked at me with a venemous look, and said are you a man; I told him I was; then he said that in case any thing happened to him I should be in danger of my life as I went about my business; then I was ordered to go before Justice Welch. After I was examined, Ashby confessed that what I swore was nothing but truth.
Q. to Bailey. You had before advised him to turn evidence?
Court. Then we cannot hear that evidence against the prisoner.
Q. Was it light enough without the assistance of a candle to distinguish a man?
Lucas. It was not.
Q. Are you sure of that?
Lucas. I am certain of it.
Q. to the Prosecutor. Did the last witness describe the person of the man, and say he was sure he should know him?
Prosecutor. Yes, he did.
Q. Did Ashby next day answer the description?
Prosecutor. Yes; he did exactly.
Charlotte Monro . I went for a pot of beer to supper, about nine o'clock; Mrs. Bailey went up stairs for a bundle; I heard her cry out murder! stop thief! Mr. Bailey ran up stairs directly; there were two men came down stairs; one I saw very plain, the other I just saw his shadow.
Q. Which did you see plain?
Q. Was it day or candle light?
Monro. Candle light. I told Mr. Bailey directly which way he went; I described his dress and every thing.
Q. Was there any thing about his neck?
Monro. No, only his coat buttoned over.
Q. Are you sure that is the man?
Monro. Yes; very sure.
Q. Was there day light enough to distinguish him without the light of a candle?
Monro. No, there was not; there is two steps to the little passage; his foot gave a slip coming down stairs.
Q. Did these people come out directly as Mrs. Bailey cried out stop thief?
Monro. No; not till Mr. Bailey and a shoemaker went up stairs.
Bailey. I ran up directly, I saw nothing of them; I looked in both rooms forwards and backwards: I looked under the bed.
Q. Did you see the two men before or after Mr. Bailey and the shoemaker came down?
Monro. Before. Then I went next day and picked M'Donald out from among twenty men; as soon as I pitched upon him he nodded his head, and said I am done for.
Q. Are you very sure of that?
Monro. Yes, I am.
Q. to Bailey. Did she describe him to you?
Bailey. Yes; she said he had a crookedish sort of a nose and a comical look with his eyes; when I saw him in the watch-house I thought he was the man from her description.
Thomas King . I am beadle of the parish of St. Mary-le-bone: I and Hartley, a constable, were applied to, to search for the persons that had robbed Mr. Bailey; we went down to Westminster; when we came back we found Ashby was in custody at our watch-house; the next day from the information we had from Ashby we went in pursuit of M'Donald, and found him at a public house in the Ambury, Westminster; we took him out and hand-cuffed him; he said he was sorry he was taken by such a country booby as me, that he should not have minded it if Sir John's m en had taken him and got the forty pounds, and that he wished he had his pistols about him for to shoot such a country flat as me; when we came to the watch-house I searched him, and found nothing but a knife upon him; I laid it down while I went to pay the coachman; when I returned to the room I found the candle out, and the knife was gone; I searched him again, and found it in his pocket; this is the knife (producing it). There are several marks upon the box and the drawers of the instrument with which they were broke open; I asked him how he came by the knife when I found it upon him; he said he had bought it that night.
Q. Was you in the watch-house when the girl challenged him?
King. I was: the girl came into the watch-house, and Mrs. Denman her aunt was there, who said, should you know the man that came down stairs with his coat buttoned, and a bundle sticking out upon each side under his coat? she said yes, she should; she shewed her two people, and asked her if either of these were the men; she shewed Ashby and another man; the girl seemed to hesitate a little; I think at last she said she knew that was not the person; M'Donald was then locked down below; he was brought up; the watch-house was full of people of all sorts; she directly pointed to him and said that was the man.
Q. Was he brought up in a pointed way?
King. He was brought up quite unexpectedly, behind the people's backs; when he was brought up and introduced into the room they bid her look round again; she said that is the man.
Richard Hartley . I am a constable: I went down to the watch-house and saw Ashby; I took M'Donald in Tothil-street; when I took him he said, d - n your eyes what is your authority? I took out a pistol, clapped it to him, and said if he offered to resist I would shoot him through the body.
Q. Was you with King every moment of the time after that man was taken till he was carried to the coach?
Hartley. I believe so.
Q. You did not hear him say any thing?
Hartley. No; only if we went out we could take two.
- Parrot. I went to take Latimer; I know no more than the last witness.
Q. from Ashby to Lucas. Why, if he saw me, did he not lay hold of me?
Lucas. I told Mr. Bailey to lock his doors immediately, and the people were so thick about me I could not get up.
Q. Then how could you distinguish me?
Lucas. By the light of the candle.
Court. How far is the bar from the landing place?
Lucas. Opposite; the bar is at the foot of the landing place; it may be about two yards, or two yards and a half.
Q. to Mr. Bailey. Is that so?
Bailey. It must be more than three yards I think.
Q. Is it four yards?
Bailey. I cannot justly say it is, I believe rather more than three yards.
Q. from the Jury. Do you think it was light enough to discern him?
Bailey. There were two lights in the passage.
Q. from the Jury. Is there any drinking room up stairs?
Q. from the prisoner. Why did not the people lay hold of me? if there were so many round him how could he see me?
Lucas. There is a shelf by the end of the bar where the pots stand; upon that shelf there were two candles, which commanded a prospect above the people's heads; I saw him over the people.
Q. The landing place is higher than where you was?
Lucas. Yes; and he was the highest upon the stair case.
Q. from the prisoner. He says he bid the prosecutor fasten the door, which way then could I get out?
Lucas. I look upon it before Mr. Bailey could get to lock his door that he made his escape out of the back door; the back door goes with a spring lock.
Q. Might he have done so?
Lucas. Yes; he might.
Q. to Bailey. Which door did you lock first?
Bailey. I was so confused that I do not know that I fastened one of them.
I said I was in the man's house and drank share of a pint of beer; that was all I said.
I know nothing of it.
ASHBY and M'DONALD not guilty of the burglary, but guilty of stealing the goods in the dwelling house . Death .
LATIMER acquitted .
William Cave . I live in Smithfield , and am in partnership with my son Zachariah Cave : my partner and I found some of the things mentioned in the indictment on the 24th of July; one was brought to my shop to be sold on the 14th of July, by John Millan ; I owned it, and stopped Millan; he said we might find more at Richard Bun 's in Charter-house-lane; I got a warrant and went there, and there I found the remainder of the nails and a piece of copper; these are them (producing them); they are my property; no others of the trade have the same mark; there is C upon some of them. was committed by Sir John Fielding , and then he produced the prisoner; the prisoner voluntarily owned he took them from Mr. Whitebread's brewhouse where my son and I had been at work; they were made use of in our work there; they are worth about 16 s. The prisoner said he took them there thinking them of no use to any body.
Zachariah Cave . I am partner with my father: we were at work at Mr. Whitebread's; we lost some things there. About a fortnight after my father brought Millan to me, with one of the nails he had brought to sell; I tried the nail with our marking tool, and am sure it is my father's and my property; as to the piece of copper produced I can positively swear that is our property.
They were done working there pretty near a fortnight before I found these things; I found them in the rubbish. I have been a servant to Mr. Whitebread these ten years.
Cave. We left our work unfinished.
The prisoner called five witnesses who gave him a good character.
Guilty . T .
516. (M.) PHILIP SHORT was indicted for that he in a certain field and open place near the king's highway, on William Yeates , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a 9 s. piece, three half crowns, and 8 s. in money, numbered, the property of the said William , July 10 . *
William Yeates . I met with the prisoner at Mill-hill ; he said he would get me into work; he helped me over the gate into a field close by the high road; then he flung me down and robbed me of a 9 s. piece, three half crowns, and 8 s. it was about one o'clock in the day time; I was alone, and the prisoner likewise was alone.
Q. Had he any weapon in his hand?
Yeates. No. I am a labourer : I never saw him before, but I am sure he is the man; he had the same under-waistcoat on then that he has now; I cannot speak positively as to the rest of his clothes; I met with him again about a quarter of an hour after the robbery; he was not then above a quarter of a mile from the
William White . I saw the prosecutor and prisoner pass my shop together the day of the robbery; they went into a public house to drink, then they went down a lane to gether; in about a quarter of an hour the prosecutor came back running up the lane and said he had been robbed; I went to a public house to take a description of the man; they said he was dressed in a white waistcoat with black binding; I followed him along the road; in about a quarter of a mile; I came up with him, I enquired of some men that were working there, if they had seen such a man go by; they said he was gone down such a field, I went there; I saw him coming; I lay under a hedge till he came up; then I laid hold of him; the prosecutor was about a field distance from us; I carried the prisoner to the prosecutor, and took him to an alehouse; I am sure he is the same man I had seen in company with the prosecutor; the prosecutor challenged him with robbing him as soon as he saw him; I searched him at the public house; and found a 9 s. piece in his shoe. I found two shillings upon him, but found no half crowns; one of the shillings he changed at the alehouse for some tobacco.
Q. From the prisoner. Whether the prosecutor was not drunk?
White. He was between drunk and sober.
I found the money in the highway.
Guilty . Death .
517. (M.) JOSEPH SMITH was indicted for that he on the king's highway, on Jacob Price did make an assault, putting him in corporal fear and danger of his life; and taking from his person a pinchbeck watch, value 4 l. two linen handkerchiefs, value 2 s. a half guinea, a quarter of a guinea, and a 4 s. and 6 d. the property of the said Jacob Price , July 14 .
518. (M.) ELIZABETH HERRING was indicted for feloniously, traiterously, and of her malice aforethought, making an assault upon Robert Herring , her husband, and with a certain case knife giving him a mortal wound on the right side of the throat, of the length of one inch, and the depth of two inches, of which wound he instantly died , Aug. 5 . *
She likewise stood charged on the coroner's inquisition with the said murder.
John Boyle . I was along with the prisoner's husband last Thursday was a month; we had been on board a ship; I sat in company with him and the prisoner at Darling's, the sign of the Thistle and Crown, in King Street, Wapping ; the prisoner had a bit of meat in her hand, and he had some bread; you bougre, says she, give me bread with my meat; he told me to go and fetch her a halfpennyworth of bread; I got up to fetch it; you foutre said she, I will eat it without. I went and sat in a box behind them.
Q. How far from them?
Boyle. Close behind the box they were in, not half a yard from them; she had a knife in her hand picking a bone; in the space of two or three minutes, she went up to her husband; I thought she was going to give him a lick with her hand; instead of which she struck the knife into his throat; the blood immediately spouted out as if a butcher had killed a pig.
Q. Do you believe she did it with a design?
Boyle. Yes; or else she would not have killed him: then she dropt the knife and the bone she had in her hand under the table.
Q. What became of her then, did she remain in the house?
Boyle. I don't know.
Q. How soon after this did this man die?
Boyle. He was killed directly.
Q. Did you hear any quarrel between them before?
Boyle. Not a word! not a word! the first word that was spoke was what I mentioned.
Q. Did you hear her say any thing after it was done?
Boyle. Not a word.
Q. Have you told us all you know about it?
Boyle. Every word from my heart.
Hannah Darling . The prisoner and her husband were at my house on Thursday the fifth of August, they were there an hour or two before it happened; they were in my house about one; she had been there about twelve o'clock, and had eat a bit of salmon.
Court. Tell what you saw?
Darling. I did not hear even of any blows between them; they had a few words I believe;
Q. Did it appear as if she did it on purpose?
Darling. She had said she would spill his blood, and be hanged for him an hour or more before she did it: he did not live five minutes; I never heard him speak, sigh, or groan; there was a great deal of blood, but the person that supported him pinched his wound up, and stopt the bleeding.
Q. Did you see the husband do any thing to her?
Darling. What passed between them when I was out of the way; I do not know, but I saw nothing after she had committed the fact; she threw the knife down, clasped her hands together, and ran out of the house, and cried out, she had done it! she had done it!
Thomas Duncan . I am a bricklayer's labourer; I was backwards and forwards in the house; we were tileing the back part of the house; the prisoner and her husband sat in the next box to the bar; there is but a little passage between the bar and the box where they sat; his back was towards me, and she sat opposite to him; she had a bone of mutton; I never heard what they said; I heard them jawing together; she was jawing him; I turned back upon my heel, and saw the knife drop under the table, and the blood spurted over the table.
Q. Was there any body else in the box?
Duncan. There was only herself and her husband; I did not see her strike him; she came out of the box and said murder, murder, he is killed; she ran out of the door; he turned out of the box, and put his hand up to the wound on the side of his neck; he took hold of the wound and said you have killed me; I asked if any man would help me, I took hold of him, and stopt the blood as well as I could, and said he should not bleed till a surgeon came; I endeavoured to get him to the door; he staggered up, but could not go farther; he dropt upon his knees before I could bring him to the air; at last I got him into the yard, he was just alive then; when I saw him dying, I closed his eyes and his mouth, and tied a handkerchief round his neck, he was not alive a minute when the surgeon came: I believe from the time he was struck with the knife till he died was about twenty five minutes.
Q. Then you did not see the husband strike her, or do any thing to her?
Duncan. I did not.
Q. From the prisoner. Did you hear no words pass between him and me?
Duncan. I did not hear one word that passed between you.
Mr. William Pidley . I am a surgeon; I was sent for to the deceased; the man was near dead, but not quite; he had a wound in his throat, which appeared to be done by a knife: when we opened him we found it to be two inches deep or better; it had cut a large blood vessel.
Q. What do you apprehend to have been the occasion of his death?
Pidley. I do apprehend that the wound that he received then was the occasion of his death.
Mrs. Darling. I pick'd up the knife, this is it (producing a common case knife.)
My Lord, the morning before the accident happened, my husband was bad from his work; he came home; they say he is my husband, but he is not; I lived with him eleven years, but never was his wife; he came home and called me a great many bitches and whores, and used me very ill, and broke every little thing belonging to the apartment that I had; he ran a fork into my arm, I have shewn it to a great many people; he struck me and knocked me down, and used me very ill in every shape in the world; I went to Mrs. Darling's who has had a spite against me six months, I called for a pennyworth of beer; he called me every thing that was ill; I had no person to take my part; I sat a great way from him; when the meat was made ready he eat his belly full; then he called me to come to him; he said you b - h come and eat a bit; I was overjoyed that he should ask me to come to eat with him after we had quarrelled; I went to him with as much joy as I should go into the kingdom of heaven this moment; when I came to him he took up a pipe and threw it in my face; after that I went to another box, then he threw a pint of beer in my face; I had a pennyworth of beer in one hand and the knife in the other; I threw the knife at him, which proved fatal. I beg your Lordship will
Darling. Never in my life; I never had a word with her.
Q. From the Jury. Was there any quarrel between her and her husband prior to this stroke?
Darling. I heard none nor saw none; I was backwards and forwards in my business constantly; my husband was laid down to take a nap; they were upon the jangling order, but I did not think they would have come to blows, much less to this unhappy thing.
Q. From the jury. How long had they been in your house before this?
Darling. Two or three hours; she did threaten to cut his nose with a pint pot; I took it away.
Q. From the jury. Do you know of any beer being thrown over her?
Darling. I saw none indeed.
For the Prisoner.
Elizabeth Macdonald . I have known the prisoner from a child, she is a sober woman; he was a very violent bad husband; he would knock her down with quart pots; stick forks in her hand; and do many violent things.
Dorothy Hagen . I have seen them in company together; and he has taken up a quart pot and knocked her down; I lived opposite them; I have heard her call out at two or three o'clock in the morning, and he has turned her out of doors without shoes and stockings; I heard Mrs. Darling say, that they were drinking together; and that he came out of the box and threw a pennyworth of beer at her.
Q. When did Mrs. Darling say this was done?
Hagen. The same day he was killed.
Q. To Darling. Did you ever say that you saw him throw a pennyworth of beer at her?
Darling. I never did.
Q. To Boyle. Did you see the husband throw a pennyworth of beer in his wife's face?
Boyle. No, I did not.
Q. Was you there before they came in?
Boyle. No, they were in the house before me.
Alice Rounson . I have known the prisoner three years; the man was at our house, and the prisoner came after him; he behaved in a terrible manner among the workmen that my husband was obliged to discharge him; I have kept him out of the house, and have let her lie with the child, lest they should do any mischief.
Elizabeth Rounson . I have gone home and lain with her; he has got up and beat her with a poker without a handle, so that she has been obliged to get up in the night to call the watch at the time he has been beating her; I was afraid to speak, left he should get up and strike me.
Guilty . Death .
She pleaded pregnancy: a jury of matrons were immediately impannel'd, whose verdict was, that she was not with quick child.
She received sentence immediately. In the following words,
"This court awards, that
"hence to the Gaol from whence you came;
"and on Monday next you are to be drawn on
"a hurdle to the place of execution; where
"you are to be burnt with fire until you are
The law was executed upon her agreeable to the sentence.
519. (M.) WILLIAM WILLIAMSON, otherwise M'KENZIE , was indicted for stealing a pair of diamond ear-rings set in silver, value 21 l. the property of George Farquharson , privately in his shop , July 14th . +
George Farquharson . I keep a jeweller's and silversmith's shop in the Strand . On the 14th of July last, in the afternoon between three and six o'clock, the prisoner called at my shop; he had a pair of paste ear-rings he wanted to exchange for some other things; I shewed him a number of things; nothing gave him satisfaicton; I shewed him these diamond ear-rings; soon after he was gone I missed a 5 s. 3 d. and then the ear-rings; but before the prisoner went away he said he had given me a good deal of trouble, and would give me satisfaction; he desired me to bring him one of Mr. Cox's tickets next day, and he bespoke at the same time a mahogany case with green handle knives and forks, which he desired me to bring to Mr. Johnson, No. 16, Mead's-court; he seemed by his dress and manner the gentleman; I went there, but I could find no such house, nor no such person; then I naturally concluded he was the person that had stole the 5 s. 3 d. and the ear-rings; I made every attempt to find him out but did not meet with him till about three weeks afterwards, when a young man to whom I had described him, whose shop he had been at met him by accident about
Q. Did you promise him it would be better for him, or persuade him to confess?
Farquharson. I made him no particular promise, but that I would be as indulgent as the law would allow.
Prisoner. He said I should not be hurted if I would confess.
Farquharson. He told me if I would say before Justice Welch that I was not sure he was the person that he would go and take the things out of pawn at his own expence, and give them me; I said I would not do that; at last he confessed he had pawned them in Prince's-street; in consequence of which the ear-rings were produced.
Q. Do you swear you shewed these ear-rings to him?
Q. How long after did you miss them?
Farquharson. I believe some hours after.
Q. Were they shewn to any person else after the prisoner had been at your house?
Farquharson. I am very certain from the time I shewed them to him till I missed them, nobody else had seen them.
Q. How came you not to miss them?
Farquharson. In a multiplicity of things one does not so soon miss things.
Q. Are you sure the prisoner is the man?
Farquharson. Yes, very certain of it; he said he had pawned them at the pawnbroker's in Prince's-street; he named the name but I cannot recollect it.
Prisoner. I did not know the name, so I could not mention it.
Timothy Parker . I am a pawnbroker in Prince's-street: the prisoner came to me on the 14th of July in the afternoon, about five o'clock, and asked to have a locket that I had lent him a guinea and a half upon a few days before; he produced these ear-rings, and desired to have six guineas in money and the locket, which made seven guineas and a half; I asked him if the ear-rings belonged to him; he said no, they belonged to a lady; he was dressed very genteelly; I had not the least suspicion of their being stole, and was very much surprised when the gentleman came to enquire after them.
Q. Had he been at your house any other time but the time he pledged the locket?
Parker. Yes, he had; he always appeared very genteel when he came to our house. (The ear-rings produced and deposed to by the prosecutor.)
Q. What name did the prisoner go by at your shop?
Q. from the prisoner. Whether the prosecutor did not say at the watch-house if I delivered up his pocket book I should not be hurted?
Prosecutor. I did not say so; I said I would go no farther than the law obliged me.
Q. from the prisoner. He said I should not be indicted capitally, only for transportation.
Prosecutor. I never said such a thing in the world.
Court. What clothes had he on when he came to buy the things of you?
Prosecutor. A lightish sky blue, and one of your showy waistcoats embroidered.
Q. to the other witness. How was he dressed when you saw him?
Parker. Much as Mr. Farquharson has described.
Guilty . Death .
(M.) WILLIAM WILLIAMSON was a second time indicted for stealing one diamond and emerald breast buckle set in gold and silver, value 9 l. the property of Jenkin Jones , privately in his shop , July 17 . ++
Jenkin Jones . I live at St. James's : I am a jeweller and goldsmith ; the prisoner came to my house, and being a man of a genteel appearance I had no suspicion of him; he looked at several things in the jewellery way; at last this buckle was produced to him; he had it in his hand; he stayed about three quarters of an hour; he did not buy any thing, but desired me to carry some things to a lady; I missed it about an hour after he was gone; I do not know whether he ever returned it after he had it in his hand. The buckle was sold to a person in Compton-street.
- Grant. The prisoner brought the buckle to my shop to sell the 17th of July. (Produced and deposed to by the prosecutor).
I never had it about me; it never was found upon me; I never had it in my hand; it lay on the counter.
Mr. Charlton, clerk to the Rotation Office. The buckle was produced at the Rotation Office; he said he bought it of some person. Upon the examination of the prisoner the gentlemen gave their words it should not be laid capitally if he would confess where the properties were
Guilty of stealing the goods, but not privately in the shop . T .
520. (2d M.) WILLIAM O'BRIEN was indicted for stealing a hammer cloth, value 3 l. 12 s. the property of Sir Robert Hamilton , Bart . in the coach house of the said Sir Robert, privately and feloniously , Feb. 1 . ++
(2d M.) WILLIAM O'BRIEN was a second time indicted for stealing a looking glass, value 4 s. a picture, value 10 d. two blankets, value 3 s. one bed quilt, value 4 s. one pair of stays, value 2 d. a yard of linen cloth, value 1 s. a pair of buckles, value 2 d. and four waistcoat buttons, value 1 d. the property of Thomas Fairbrother , Aug. 25 . ++
Thomas Fairbrother . I lost the things mentioned in the indictment (repeating them) from a room my master gave me leave to put my things in; I missed them about half after eight in the morning; I saw them the day before in the afternoon. I found the prisoner in a room adjoining to my room; I found upon him the buckles and buttons; they were kept in a chest of drawers in the same room, and the rest of the things in a hay lost in the house; I gave charge of him.
Thomas King . I was sent for to take him into custody: I searched him and found the buckles and buttons upon him; I asked him how he came by them; he said being in there he went through the cieling, but did not know them to be Fairbrother's property.
Prisoner. My lord, I never broke the cieling in my life.
King. There is a long passage up to the stable; on the right hand side there is a window which was all broke out; he acknowledged he broke through there, and then there is a communication to several hay losts, and there he got on the top of the cieling, and broke through.
I know no more of it than the child unborn. I never did acknowledge it in my life; he wants to swear my life away.
Guilty. 10 d. W .
521. (2d M.) HENRIETTA GRAY , spinster, was indicted for stealing a pair of women's leather pumps, value 2 s. nineteen pair of women's leather pumps, value 40 s. 6 d. and one pair of men's leather shoes, value 8 s. the property of William Spencer , Sept. 7 . *
William Spencer . I am a shoemaker : I have been robbed of men's and women's shoes; this pair of men's shoes (producing them) were taken from the prisoner in the street; she at that time bound shoes for me; these shoes were not of those entrusted with her to bind for me, but were standing on a shelf in the shop over the door within reach; I missed them before I found them upon her; there is my name upon the shoes in my own hand writing.
Prosecutor. On one of the pair there is my mark.
Prosecutor. My mark is upon both pair of them.
As to one pair of shoes he gave them me to bind.
Prosecutor. I did not.
Guilty 10 d. W .
522. (2d M.) THOMAS SMITH was indicted for taking away, with an intention to steal, a pair of linen sheets, value 5 s. the property of John Rippon , the said sheets being in a certain lodging room, let by contract by the said John Rippon to the said Thomas Smith , Aug. 2 . *
Prosecutor. They are my property; they are marked with an R, No. 2.
The prisoner said nothing in his defence.
Guilty 10 d. W .
Both acquitted .
525, 526. (2d M.) ANN GREAR , widow, and MARY SMITH , spinster, were indicted for stealing a pair of silver shoe buckles, value 21 s. a pair of silver knee buckles, value 2 s. a gold ring, value 5 s. a tobacco box, value 1 s. a silver watch, value 3 l. a silk handkerchief, value 2 s. a linen handkerchief, value 1 s. and 4 s. in money, numbered, the property of Thomas Ball , in the dwelling house of Ann Grear , July 19th . +
Thomas Ball . I am a sea-faring man . On the 19th of July I was robbed at the house of Mrs. Grear: two women picked me up in the street; I do not know who they were; they asked me to go home with them; I did; I lost a silver watch there, a gold ring from my finger, a pair of silver shoe buckles, about four shillings in silver, a tobacco box out of my pocket, and a black handkerchief off my neck. Mary Smith came and waked me; I was pretty sober then; she said I had no business in her husband's bed and her's.
Q. Can you tell whether she is one of the women that came in with you?
Ball. No, I cannot; she desired a woman that was in the house to call her husband from the public house.
Q. Was there a woman a bed with you?
Ball. No, none when she came to wake me; I got out of bed and immediately missed my things, first my knee buckles, then the rest; I said I would not go till I had my things; the while I was looking about for a stick or something to defend myself if the man came, Mary Smith slipped out of doors, but I saw where she ran to: I stood at the door, and called the watchman; he fetched the constable; we searched about; we knocked at the door; they said they would not open the door; the constable broke it open; there were four women lay naked on the bottom of the floor; Smith had Mrs. Grear's hat and cloak on; Grear had her clothes on; Smith was fitting up in one corner; while I was lifting her up the watchman saw one of my buckles by where she sat; he took it up; he looked further and found a bit of an old silk handkerchief; there was my watch and other buckle in it; the tobacco box was I believe found in the same basket; I saw Ann Grear in the room that night; I saw her stand just at the door; I am sure she was in the room when I first went to bed.
Q. Are you sure Smith waked you?
Ball. Yes. (The watch produced by Hughes, the constable, and deposed to by the prosecutor).
Frederick Puckeridge . Between Sunday night and Monday morning one of the watchmen came up; they made their escape into a little court; the officer insisted on having the door opened; they would not, so he broke it open; Grear and Smith seemed to be very much confused; they were dressed; there were three young women lay quite naked on the floor as ever they were born; Smith seemed to make a sham sleep, lying upon the basket of broken bottles; when she got up I saw the buckles; I saw a little bit of an old handkerchief in a basket of old bottles, and there I found the watch; looking further I found a shoe and knee buckle and the tobacco box; we took them all five to the Justice's; the prosecutor fixed upon Ann Grear in the room, and before the Justice, and said Ann Smith was the person that ordered him out of bed.
I was only in the neighbour's house; I was very ill; I asked this young woman to get me a pint of beer, she went; then some men came and took five of us out of the house.
I went out to fetch a pint of beer; the man came into the house and took five of us to the watch-house.
Prosecutor. The people informed me she rented the house.
Q. to Puckeridge. Where does Grear live?
Puckeridge. In Swan-alley, East Smithfield.
Q. Did you go with Ball to the house?
Q. Whose house is that?
Puckeridge. It is Grear's house.
Both guilty 39 s. T .
528. (2d M.) ROBERT CORDEROY was indicted for stealing a woollen coat, value 7 s. a woollen waistcoat, value 3 s. a pair of men's leather shoes, value 3 s. a pair of black steel shoe buckle, value 1 d. and a silver tea spoon, value 1 s. the property of Ambrose Burgess , July 2 d . ~
529, 530. (2d M.) MARY BURNHAM , spinster, and ELIZABETH MACDONALD , spinster, were indicted for stealing five guineas, and two quarter guineas in money, numbered , the property of Jacob Dycher , Aug. 24 . +
Jacob Dycher . I live in Houndsditch, in Bishopsgate parish; the money was taken from me in Red-lion-street, in Whitechapel parish ; it was the 24th of August, between nine and ten at night; I was at the White-Lion, Red-Lion-street, a public house; coming out from thence I met the prisoners at the bar; they asked me to treat them; upon which I went back; I gave each of them a glass of brandy or rum; then they asked me to go home to their house; I consented; they went into the house into a one-pair-of-stairs room; there was no candle at that time; I asked for one and it was brought; then I recollected that my gold and silver and halfpence were together in my pocket; in order to separate them I took my gold out and put it either upon the table or drawers, and counted it out upon the table, intending to separate the gold from the silver; there were five guineas in gold, two quarter guineas and one shilling and six-pence in silver. As soon as I had done this both the women seized hold of it directly, took it, and went away; I did not care to make a noise at the house, so I went away home; the next day when I came to recollect I had lost this money, I was determined to see whether I could enquire after these people; I went away to the same place, where I had been over night talking with the man of the house; they recommended me to one Simmons to take these people; before Simmons went to take them, Mary Burnham came in; I told the person that was one of them, and Simmons took her into custody; Simmons came again in an hour's time, and brought the other woman; I cannot say I was sober, but I know the persons; I am positive to the two prisoners.
John Holmes . On the 24th of August, at eleven at night, Macdonald came to my house, and bought a gown and paid half a guinea for it, and the rest in silver; the half guinea was too light; she said I had it of Mr. Rolfe; I gave it her again; she went and brought another, and then paid for this gown 13 s. 6 d.
Thomas Rolfe . I am a pawnbroker: I live very near the last witness; both the prisoners came to my house about eleven at night, and bought two gold rings, one s tone ring, and some other things; each of them changed a guinea, and I gave the half guinea in change to them.
The prisoners, in their defence, first said the prosecutor dropt the money, afterwards that he gave it them.
Both Guilty . T .
531. (2d M.) GEORGE BROWN was indicted for that he on the king's highway, on Charles Jacob Sheffield , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, value 10 l. a gold watch chain, value 3 l. a cornelian seal set in gold, value 10 s. and 6 s. in money, numbered , the property of the said Charles Jacob Sheffield , July 16 . +
Charles Jacob Sheffield . On the 16th of July, between ten and eleven in the evening, coming to town in a post-chaise, I was stopped at Knightsbridge by three foot-pads; they demanded my money and watch; I gave it to them; it was a gold watch.
Q. Had they any arms?
Sheffield. I cannot say I saw any. I lost my
Q. Did you ever get your watch again?
Sheffield. No; a part of the chain and seal is in Court; Sir John Fielding sent for me, and there I saw these; (the seal and part of the chain produced): the other part of that chain was produced, which is the principal part that I can swear to, but the woman who had it is no more; her name is Elizabeth Grey : I can swear to the seal: I am sure it was to the watch.
Q. Is the seal fixed to part of the chain?
William Morris . I am a jeweller: I have the seal; it was brought in by a person very dirty he said he had picked it up; I was at first doubtful whether it was gold or not; it is a very coarse sort; I gave half a crown for it, which is more than the value of it.
Q. Do not you know the person that brought it?
Morris. No; he was dressed like a workman; I believe the prisoner is the person.
Q. You doubted first before Sir John that he was the man?
Q. You are not certain he is the man now?
Court. How was he dressed when he came to sell the seal?
Q. Have you any reason to doubt of its being the person?
Morris. I have no reason to doubt of it.
Robert Cross . I live in Cornhill, with Mr. Maddison, a silversmith; I bought this bit of chain of a young man on Saturday July the 17th; he had a red waistcoat and blue apron on, and I believe a light coloured coat; I cannot swear to the person; I think it is the prisoner.
Q. Have you any doubt in your own mind about it, whether he is the person or no?
Prosecutor. I have seen the piece of chain, I cannot swear to it, mine was exactly the same pattern.
Q. I should be glad to know the reason why you should be so certain he is the man now, when you had before said you was not certain?
Cross. and I look at the man and look at his d I have no doubt of it.
Q. Was it light enough to distinguish the person robbed? do you know him again?
Robertson. No; it was between ten and eleven o'clock: Brown stood at the head of the post-chaise, and I and Field robbed the gentleman; we took from him some money, a gold watch, and a gold chain.
Q. to Morris and Cross. How came the goods to be traced to your hands?
Cross. By his information at Sir John Fielding's.
Q. Was you present at the selling of any of them?
Robertson. I was on the opposite side of the way.
Q. Who sold them?
Robertson. Brown; when he sold the seal to Mr. Morris I was at about a hundred yards distance.
Q. Was you there when the chain was sold to Cross?
Robertson. No; on the opposite side of the way.
Q. Did you see him go into Cross's shop?
Q. Where does he live?
Robertson. In Cornhill.
Q. It was part of the chain and seal you took from that chaise?
Q. What business are you?
Robertson. A painter.
Q. What business is the prisoner?
Robertson. He follows his father's trade a milkman .
Q. Do you know where any thing else was sold?
Robertson. Yes; one piece was sold in Holborn, about two doors from Hatton Garden; it was melted down directly.
Q. Do you know the house again?
Q. Do you know the man?
Q. Are you sure you should know the man again?
Robertson. I believe I should if I saw him; I cannot be positive; I was not in the shop.
Q. Whereabouts is the house?
Robertson. Two or three doors below Hatton-Garden on Holborn Hill; one piece I sold myself in Grafton street by St. Ann's Church; it was melted down.
Q. How came you to be together?
Robertson. We had been drinking that afternoon; and met accidentally together; Field threatened to shoot us through the head if we did not go with him.
Q. Had you any intention to rob when you first went out?
Q. Whether was that man and you concerned in any robberies before?
Court. Remember you are upon your oath: there is a part of you that is superior to all human judicature, that you are to take care of. What became of the watch?
Robertson. It was sold to a Jew, one Moses.
Q. Where does he live?
Robertson. I do not know.
Q. Who sold it him?
Robertson. Brown and I for three guineas.
Elizabeth Grove . I live with Mrs. Smith, a silver-smith, the side of the Fleet Market, three doors on this side of Holborn Bridge; I have a piece of chain (producing it) Mrs. Smith bought it of the prisoner; I was present when it was bought.
Q. Are you sure it was that man?
Q. When did she buy it?
Grove. On a Saturday afternoon, about six or seven weeks ago?
Prosecutor. I was robbed on Friday; I have compared the pieces of chain; and they matched one another.
Q. Did you ever see this young man before?
Q. to the Prosecutor. Whether there are not many chains of the same pattern?
Prosecutor. Yes: but there is an urn in the division of the chain.
The prisoner said nothing in his defence, but called twelve witnesses, who gave him a very good character.
Guilty Death .
Recommended to mercy by the Jury .
532. (2d M.) EDWARD MILSOM was indicted for that he on the king's highway, on Charles Carter , Esq , did make an assault, putting him in corporal fear and danger of his life; and stealing from his person a gold watch, value 10 l. two guineas, and one louisdore, the property of the said Charles , June 1 .
Mr. Charles Carter . On the first of June, about a quarter after nine at night, I was stopt in a post-chaise about a mile and a half, or two miles beyond Paddington , by a single highwayman; he presented a pistol to me, and demanded my money, which I gave him, two guineas, a louisdore, and some small silver; besides I believe then he asked me for my watch: whilst I was giving it him he swore if I did not make haste, he would blow my brains out; after I had given it him he went off; he was upon a sorrel horse with a bald face; it was a moon light night; I have seen the horse since; I took particular notice of it at the time; and from the colour and marks I believe it to be the same: the description that I gave of the man was, that he was a thin young man, pale faced, in brown clothes; as near as I can recollect the same coat he has on now; that he had either a wig or his own hair tied behind; and I think I described him as middle sized.
Q. How long might the robbery take up?
Carter. Only the time he was asking me those two questions; he was in a hurry; the moon shone; it wanted but three days of being at the full; and I am told it was a fine night; I did not take particular notice, I could be almost positive to the prisoner; except it was its being by moon light, that is the only reason why I can't be positive.
Q. Have you any reason in your own mind to doubt of it; or does seeing the prisoner correspond with the idea you have in your own mind?
Q. You cannot yourself recollect whether it was a fine night or not; was you not in a hurry of spirits?
Carter. I saw him stop the horses before he came to me; respecting the night it was not a rainy night, neither was it particularly dark.
Q. Your recollection does not serve you to say whether it was a fine night or not?
Q. The robbery was a very short time about?
Q. How near was the man to the chaise?
Carter. At the window.
Q. How long was he with you?
Carter. It could not be above three or four minutes; I had an apprehension of his coming, when I saw him stop the chaise.
Q. Could you take a view of the horse?
Carter. I did take particular notice of the horse.
Q. If you cannot tell whether it was a fine night or not, can you say what the colour of the horse was?
Carter. I cannot be positive to that; I have another reason to suspect it to be the same; at the time he robbed me, the horse was particularly shy and spirited; when I saw the horse I desired them to ride him up and down the ride, which they did: and he appears to me to be a shy, spirited horse.
Q. What day was it?
Q. How many middle sized men have you seen this day do you think?
Carter. I cannot tell.
Q. A middle sized man is a man that is not remarkably tall or remarkably short: you can hardly venture to say, that seeing a brown coat by moon light you could swear to that coat by day light?
John Heler . I took the prisoner at Hendon on the 3d of August; he was in bed with his wife, or the person he lives with; I found in the pockets of his clothes on the bed a brace of loaded pistols; and by the side of the bed I found another loaded pistol in a box; the box was not locked; in his waistcoat pocket I found two purses, one had eight or nine guineas; I think in the other four and a watch chain; the horse was in a stable at the back part of the house; Mr. Bond took him out; when it was brought to the door, the prisoner said it was his horse, and he has asked for it several times since; it is a sorrel horse with a bald face; it is pretty spirited, and jumps about, but it is not a very good one; the horse was put at the sign of the George in Long Acre.
Mr. Carter. I saw the horse at the stable near Long Acre.
Court. You must ascertain the horse (the horse is sent for)
Q. to Mr. Carter. Did you at all take notice of the pistol?
Carter. The pistol at the time appeared to me to be longer than either of there that are produced.
Mr. Carter and Heley return into Court after having been out to inspect the horse.
Q. to Mr. Carter. Have you seen the horse?
Q. Do you believe that to be the same horse?
Q. You can't be positive?
Carter. I can be positive as to the marks, the colour, and the natural spirit of the horse.
Q. to Heley. Is the horse Mr. Carter has now seen, the same that you say the prisoner acknowledged to be his when he was taken?
Heley. It is.
I bought this horse of one Hawkes who lived in Paddington at the same time I did; since the time of the robbery Hawkes's father took him to a fair to sell; and he could not sell him, so I bought him.
Court. Is Hawkes here?
Prisoner. He was taken up for robbing on the highway, and has escaped out of gaol.
The prisoner called a woman, who said her name was Elizabeth Marriot , to prove he bought the horse since the robbery; but as he had acknowledged the woman to be his wife, she was not admitted an evidence.
He was detained to be tried for a robbery in the county of Bucks.
MARY ABBOT was indicted for stealing a silver watch, value 40 s. a silver watch chain, value 3 s. two stone seals set in base metal; value 6 d. one man's hat, value 16 s a linen waistcoat, value 3 s. a black silk neck-cloth, value 6 d. a pair of plated buckles, value 1 s. a pair of steel buckles plated with silver, value 6 d. a silk purse, value 2 d. and two guineas, half a guinea, and 3 s. and 6 d. in money, numbered , the property of Ben. Henry , Aug. 3 . +
Benj. Henry I live in George Yard, Soho Square: on the 13th of August in the morning about one or two o'clock, I was coming along the street; I got in company with the prisoner and another; I went into a house with them in Westminster ; I pulled off my coat and waistcoat and lay down upon the bed and went to sleep immediately; they took away my effects; I had been drinking more than usual; when I awaked I missed all the things mentioned in the indictment; I am positive the prisoner is the woman that brought me into that room; and was present when I lay down.
Prosecutor. That is the waistcoat I had on.
Brown. About seven in the morning I was sent for; I came to the prosecutor; I first searched the room where they had been, but found nothing; they told me she was gone to No. 32; in a box in that room, among some rags, I found the waistcoat; the woman herself told me that was the man's waistcoat.
Eleanor Nichols . I have known the prisoner a considerable time; about seven in the morning on the 13th of August the prisoner came to me; and desired me to get some money upon the neckcloth and buckles; I got Snipes to go; I saw him pay the prisoner 1 s. 6 d. he got upon the things.
He went with us; he said he had got no money; he gave us the buckles, waistcoat, and neckcloth.
Guilty . T .
534. (M.) RICHARD JACOBS was indicted for that he having in his custody a promissory note for payment of money, bearing date at Worcester, the 10th of March 1773, with the names John Grey and Thomas Bird thereunto subscribed, by which the said John Grey and Thomas Bird , six months after the date thereof, promised to pay to Mrs. Mary Jackson , or order, forty pounds, value received, feloniously did forge and counterfeit thereon an indorsement of the same promissory note, purporting to be the indorsement of the said Mary Jackson , and which is as follows,
Witness R Jacobs.
Second Count for feloniously uttering and publishing the said indorsement on the said promissory note, with the like intention, against the statute.
Fourth Count for feloniously uttering and publishing the said indorsement on the said promissory note, knowing it to have been forged, with the like intention against the statute, &c.
The witnesses were examined apart.
The counsel for the prosecution challenged the juries that had tried the other Middlesex prisoners, and the following jury were sworn upon this trial.
Counsel. Look at the name Grey; do you know that hand writing?
Potts. I have seen him write often, and know his hand writing very well; I dare say it is his hand writing, I believe it is.
The Counsel for the Crown offered Mary Jackson as a witness, but as the holder of the note had not given her a discharge for the note; her competency as a witness was objected to by the counsel for the prisoner, and upon stating the objection to the Court, the Court were of opinion that under the present circumstances, she was not a competent witness.
Q. Do you remember when Mr. Priddle and Mr. Jacobs were brought to your Office?
Q. Was it then in the same state that it is now, with respect to the indorsement?
Carleton. Yes, except in a mark that Mr. Dawson has made that he might know it again.
Q. Was that note shewn the prisoner?
Carleton. Yes, and upon the question being put to him by one of the magistrates he acknowledged that he had indorsed it with the mark of Mary Jackson ; one of the magistrates asked him how he came to do it, he said he had a special power of attorney or some power to do it from her; the magistrates desired that he would produce that, and told him he should only go to the round house, or some place of security, if he could do that; Mr. Barnfather was the gentleman that offered him that indulgence; when they asked him to produce the power, he turned again, and said, I have it not; I apprehend that every attorney has a right to indorse over notes that he shall receive or any security for his clients: upon being asked whether he had a right to do so without the knowledge, approbation, and consent of that client, he answered, he apprehended it was law, that he had a right so to do; I had the note delivered into my care, I have kept it ever since by direction of the magistrates.
Q. I have read much in the News-papers about the Rotation Office, is it usual to proceed in this way to examine a man against himself?
Carleton. It came out in the examination. Upon the information being made by the woman, the magistrates asked the prisoner what he had to say, and so it came out.
Q. Is it usual for the Magistrates at your Office to be collecting evidence from a man against himself?
Carleton. It came out voluntarily without any matter at all of pushing.
William Dawson . About the first or second of April, Jacobs brought this note to me; I gave him four guineas and a half in money; I passed my word for him for 45 s. worth of tin ware, and the remainder I gave him in goods that I deal in, beds and such things; I gave it him then in goods.
Dawson. The indorsement of the mark of Mary Jackson was wrote before he indorsed his own name under it, and wrote directions at the bottom of the note where I was to go to receive the money when it was due; it is not due till the 16th of this month.
Q. This transaction was, I think, on the first or second of April?
Q. I observe it was the 1st of July that Mr. Jacobs was brought before the Justices for examination; was there any application made to you afterwards by Jacobs concerning this note? did you deliver up this note into the hand of Jacobs on the charge that Jackson had not indorsed it?
Dawson. It was before this I delivered it.
Q. When did you deliver up the note?
Dawson. The 25th of June to Mr. Jacobs, to get it discounted; I went about three days after to see for him, he promised to come to a certain time, which he did, then he went away and sent me a letter with an engagement that if he did not come, I was to enter his house and take the goods again.
It is read, in which he engages to return the note in a week or pay the 40 l. or in case of default, then that it should be lawful for him to enter his house in Great Russel Street and take his goods again.
Q. You gave him the note before he sent you this engagement without any undertaking at all?
Dawson. Yes; in order to get it discounted, and he not being able to get it discounted sent that engagement.
Q. When did he deliver the note to you?
Dawson. On the Wednesday following: I went down to Westminster-hall to see him, I saw him there; he pulled out his pocket book and gave me the note again.
Counsel for the Crown. When was Jacobs taken up?
Dawson. The day following that he returned me the note.
Counsel for the Prisoner. Had he been charged with this forgery before he returned the note on Wednesday?
Q. Who was this note for?
Allen. I understood it was for Mrs. Jackson; Mrs. Jackson owed me some money upon bond, I had it in my hand; I understood she would give me part if she could, not all; my bond is for 31 l. 10 s. I desired him to write out his bill, and I would pay it; that I would take the note, pay myself, and let Mrs. Jackson have the remainder; he promised to do it; I desired Mrs. Jackson to call upon him to push him on with the bill; Mrs Jackson told me she had called; he wrote me a letter; he had seen Mrs. Jackson, I understood the night before; she desired when we were all three together, that I might have the note. He sent me this letter in a few days. ( 't is read).
Sir, I have been so extremely busy, that I could not get Mrs. Jackson's account ready; I will however do it this afternoon and you may rely upon seeing me with the account; I have no objection, should you chuse it, to let the poor woman have a few guineas upon the credit of the security till it is paid.
I am, &c. R. Jacobs.
Q. He had the note at this time?
Allen. He told me so; I had this letter a week or ten days after the conversation I believe.
Q. It was in May?
Allen. I think it was some time in May; he prosessed a great deal of love to her, and said he might have had a good deal of money and a gold watch from the other side.
Q. How many times did you see him in May?
Allen. Only once at a public house; Mrs. Jackson was then present.
Q. Did you understand from what Jacobs said then, when he had seen her before?
Allen. I understood he was very glad to see her; I am not very sure, I do not know but that he saw her the night before; think he did say he had not seen her a good while before, I think he said he was sorry he could not hear from her to have given her some support.
Q. How long did he say it was?
Allen. He had not heard from her for some time.
Q. from the Jury. Did he shew you the note?
For the Prisoner.
Q. What did she say about this note?
Fleural. She said she could neither write nor read, but she had made her mark to it.
Q. You did not see the note at this time?
Q. Was there any mention about her name having been wrote by Mr. Jacobs?
Fleural. I think I heard her say something that she gave him leave, but she made the mark herself; I think Mrs. Priddle mentioned it was common to write people's names that made their marks; she said yes.
Q. Was it that she said she had given him leave to do?
Fleural. I think it was.
Q. Pray where do you live?
Fleural. In Pall Mall.
Q. Married or single?
Q. Do you follow any business?
Fleural. No, none at all.
Q. In July last this happened?
Fleural. Yes, about the middle.
Q. You went to Mr. Priddle's house?
Fleural. Yes, about some business of my own, and this person came in.
Q. What day of the week was it?
Fleural. I cannot say I took notice of that.
Q. What time of the day was it?
Fleural. About tea time.
Q. Was you at Mr. Priddle's before Jacobs came in?
Fleural. Yes; I was up in the dining room; there were Mrs. Jacobs and Mrs. Jacobs's mother.
Q. Was Mrs. Jackson ushered up into the dining room?
Fleural. Yes; Mrs. Jacobs's mother, and Mrs. Jacobs came with her.
Q. I understood you that Mrs. Jacobs, and her mother were in the dining room with you, before she came?
Fleural. No, they all came into the dining room together.
Fleural. And another gentleman, Mr. Whooley.
Fleural. I suppose she began telling the story herself, I cannot justly say.
Q. Did any body ask her any questions at all about it?
Fleural. Mr. Priddle asked her if she could write; she said no.
Q. Did Mr. Priddle examine her to any other particulars?
Fleural. I was about my own business, I cannot tell.
Q. Was Jacobs at that time in custody?
Fleural. Certain he was.
Q. Did you leave Mrs. Jackson in the dining room, or did she go away?
Fleural. She went away long before me.
Q. Did any body go with her?
Fleural. I believe they went away all three together.
Q. What was the first thing said about it?
Fleural. I did not take any particular notice about it.
Q. You have not recollection of any thing, but those particular words?
Q. You do not recollect how the conversation began, or any thing about it?
Fleural. I suppose it began by Mr. Priddle's asking her if she could write.
Q. And then she told the story immediately?
Fleural. Yes, that she could not write, but made her mark.
Q. What did she say she made her mark to?
Fleural. To the note.
Q. What note?
Fleural The note in question.
Q. When did she say she made her mark to it?
Fleural. When she paid it away I suppose.
Q. You have a very treacherous memory?
Fleural. I will not say any thing but what is true.
Q. Jacobs was then in gaol for forgery?
535. (M.) WILLIAM GANSEL , Esq ; was indicted for feloniously shooting at John Hyde , on the 26th of August last, at St. Martin's in the Fields, with a certain pistol loaded with gunpowder and a leaden bullet, which he then held in his right hand (the said John Hyde being in the dwelling house of Joseph Mayo ) against the statute.
Second Count the same as the first, only charging the pistol to be in the left hand instead of the right.
Frith. I am in the sheriff's office.
Q. What have you in your hand?
Hyde. This is the warrant (producing it).
Counsel to Mr. Frith. Look at the warrant.
Counsel. Of course it is the practice of the office to put the officers names to it.
Counsel for the prisoner. Pray, sir, is the whole of this of your own hand writing?
Q. Did you make it the day it bears date?
Q. When was it sealed?
Frith. At the time it was made out.
Q. I wish to know whether it was sealed before it was wrote?
Q. Then it was sealed while it was a blank warrant?
Frith. A sheriff's officer of the hundred of Ossulston.
Q. Do you know Craven-street in the Strand? is it in the hundred of Ossulston?
Counsel for the prisoner. Is it the constant course when you receive a writ not to recite it in the warrant?
Frith. We never do in special capias's.
The counsel for the prisoner objected to the warrant on account of informality, for that it set forth the writ to be a plea of trespass on the case, instead of a plea of trespass on the case upon promises, and upon stating their objection to the court, Mr. Justice Nares declined determining the point, but said if
Q. How long had it been sealed before it was wrote?
Frith. They are always ready sealed.
Counsel for the crown. When you grant a warrant don't you clap the seal upon it?
Frith. No, they are already sealed.
Q. Do you not clap the seal formally upon it before you deliver it out?
Counsel for the crown. There is no occasion for sealing it at all.
Counsel for the prisoner. Lord Hale's words are express, if it is wrote after it is sealed it is a void process.
Frith. It was not resealed although we have the seal in the office.
Counsel for the crown. We have the affidavit of the debt sworn to by Mr. Lee if there is any occasion for it.
Counsel for the prisoner. It is not necessary; the sheriff's authority is from the writ delivered to him; if it is necessary I have the record of the conviction of the plaintiff, Mr. Lee, for perjury.
Counsel for the crown. I think the judgment was arrested.
Counsel for the prisoner. No, it was not.
Hyde. I am a sheriff's officer of the hundred of Ossulston.
Q. What time did you go in pursuance of that warrant to arrest the person named in it?
Hyde. I dined immediately before I went: I went the 26th of August last, between two and three o'clock; a little after two, I was at dinner; Mr. Lee, the plaintiff, came to me, and asked for Mr. Armstrong; he said if I would go with him he fancied we could take General Gansel; I went with him; I got three or four men to go with me, Thomas Hyde , Henry Feltus , William Sleigh , and Richard Reeves ; the day we went to Craven-street Mr. Lee said he believed he was out a walking, and proposed to take him in the street; Mr. Lee and I went to Mrs. Mayo's; the prisoner lodged there; the street door was fastened back; it stood wide open.
Q. Who did you first see in the house?
Hyde. Mrs. Mayo: we went into the parlour to Mrs. Mayo. Mr. Lee asked Mrs. Mayo if the General was come in; she said he was just that minute come in; I said to Mr. Lee let us go up stairs by ourselves, as he is a gentleman we will treat him as such. I went up stairs; Mrs. Mayo told us the back room was Mr. Mayo's work shop; I went alone up the two pair of stairs; I knocked at the door of the fore room; when I found they would not open it I went down stairs again to Mr. Lee. I knocked with my knuckles at the door; a voice from within said, who is there? I asked if Mr. Mayo was there; the voice said that it was not his room, he was not there; then I went down stairs to Mr. Lee.
Q. Do you know by the voice who it was that answered? was it the General's voice?
Hyde. I rather think it was one of the servants. I found Mr. Lee in the parlour below with Mrs. Mayo; I went to the door and gave a beckon to my men, thinking we should wait till he came down again; when I beckoned my men I heard the two-pair-of-stairs door open; I turned round and met two boys on the stairs; I was on the ground floor when I saw the boys coming down the one-pair-of-stairs; they were upon the landing place of the first flight of steps, half up the first pair of stairs; I offered to go up by them; one of the boys stood with this knife in his hand (producing a common case knife) and said if I offered to go past him he would stab it in my breast; the other was just behind him; by this time my men were come in; Mr. Lee said to me, what! are all of you afraid of a boy? he took my cane out of my hand and beat the knife out of the boy's hand, which I took up and threw out of the window; then I turned them down and bid my men take care of them below; then I proceeded up stairs; the General I imagine hearing a noise came out to the landing place of the second pair of stairs; Henry Feltus and Thomas Hyde were a step or two behind me; when I saw him first he stood without the door, with his back towards the door; my left foot was then upon the landing place of the second pair of stairs.
Q. How far was the General from you at that time?
Hyde. About three feet I believe. I had my hand just so in my pocket, and my cane in my left hand; I said I had a warrant against him for 134 l. at the suit of Mr. Lee.
Q. Did you know Mr. Gansel?
Hyde. Yes, very well; I knew him some years ago. I held the warrant cut in my hand towards him; he drew back, and said, have you, d - n you? as he drew back I set my other foot
Q. At the time the first pistol was fired who was then up at the door with you?
Q. What part of the door was the first pistol fired through?
Q. When this pistol was fired did you say any thing?
Hyde. I had him by the shoulder, and said for God's sake do not fire upon naked men that are only executing their office.
Q. Which shoulder?
Hyde. His right: his back was towards me; he said he had half a dozen more, and that he would not be taken, and then I saw him point another pistol at my face, with his left hand over his right shoulder; I gave a bob and it went through the hat of my man Henry Feltus as it was upon his head, and then it went into the door post.
Q. At the time the second pistol was fired was you in the room?
Hyde. Yes, and Feltus was coming close to me.
Q. Was you in the room when the second pistol was fired?
Q. Was Feltus's head completely in?
Hyde. Yes; he had stepped one foot in or more.
Counsel for the prisoner. The door was wide open then I suppose?
Hyde. Yes: he reached for a third pistol and got it in his right hand; the men came to my assistance; I catched hold of the pistol and wreached it out of his hand, and then put it into my side pocket.
Q. Did you examine at that time in what situation the pistol was?
Hyde. No, I did not at that time; this is it (producing a horse pistol); it is loaded now. (The charge is drawn and it appears to be loaded with a brace of balls). I put him in a coach and conveyed him to Mr. Armstrong's house; I had the pistol in my inside coat pocket when in the coach; I rid backwards fronting the General; the pistol pointed towards him; he said for God's sake take care of the pistol, it is loaded! I took it out and found it was cocked; I looked into the pan and saw it was primed; I threw out the prime; it has been in my custody ever since; it was in the same situation as when produced before the charge was drawn.
Q. You said that as soon as Mr. Lee had beat the knife out of the hand of the boy you turned the boys down stairs, and bid the men take care of them below; did they return to the stair-case again before you got into the room?
Hyde. No; I never saw them any more till I came down stairs with the General.
Q. How long had you been in the General's room before you saw him?
Counsel for the prisoner. My Lord, the General begs your lordship will indulge him with a chair.
Counsel for the prisoner. My Lord, the General has got his wound still; Mr. Lee has not cured him though he has arrested him for the cure.
Q. Then having turned the boys down you proceeded to go up the second pair of stairs, followed by Foltus and Hyde?
Q. Did you see the General the outside of the door?
Q. Where was you then?
Hyde. My right foot was upon the last step, my left foot upon the upper landing place where the room is; I saw him come out of the door.
Q. You could see the door I presume when you got to the landing place before that last slight of stairs?
Hyde. There are about five or six steps; the turnings are very short upon the stair case.
Q How many steps are there in the last flight of steps between the landing place next below the floor where this room was?
Hyde. I cannot say, but I could from that landing place see the door.
Q. Did you go hastily up these stairs or slowly?
Q. You say the General came on the outside?
Q. Was his entire body on the outside of the door?
Hyde. Yes; he was quite outside of the door when I first saw him.
Q. When did you first take the warrant out of your pocket into your hand?
Hyde. I had my hand in my pocket with the warrant in my hand; I told him I had a warrant against him at the suit of Mr. Lee; I took it out and opened it, and was going to give it him.
Q. Was you standing still or running on when you did the act?
Hyde. I made a short stop.
Q. How far is it from the upper step of the stairs to the door itself?
Hyde. About five feet.
Q. You was got up to the top of the stairs when you first saw him, with one of your feet at the very top of the stairs, and you say that landing place there was about five feet, then you made a short stop?
Q. How came you to make a short stop when his whole body was outside of the door, you apprehended there would be a difficulty in arresting him and yet made a stop?
Hyde. I did not think then there would be any difficulty in arresting him.
Q. You say after you had told him you had a warrant (holding it open in your right hand) at the suit of Mr. Lee for 134 l. then and not till then he drew back?
Hyde. It was all in a moment.
Q. You made a short stop, you need not describe the motion of standing still; you made a stop - made this speech to him - took the warrant out - opened it to him - and then and not till then he drew back; then you don't know how long he had been on the outside of the door, nor how long it might be opened?
Hyde. I imagined the boy left the door open.
Q. You imagined I suppose that the General stood at the head of the stairs to listen to what passed below; there was a struggle below?
Q. You spoke I suppose not soft when you turned the boys down, and bid the people take care of them below, you did not say that in a whisper I presume?
Q. So then of course, if all these things were said, they must have been heard at that stair case where you saw the General at first?
Hyde. It was a good way up.
Q. It is like other rooms; there is nothing magnificent in this house; I suppose it is like other lodging rooms?
Q. Who were the men left below to take care of the boys?
Hyde. Sleigh and Reeves.
Q. Feltus and Hyde were close at your heels?
Hyde. I dare say they were.
Q. The General being all this while the outside of the room, in going into the room, he turned short round and attempted to shut the door; was his face towards the door, or his back?
Hyde. His back; his face was towards me.
Q. If he was on the landing place, as you describe it, facing you, his back must be to the door; did he, when he had got to the inside of the room, put his back to the door or his face?
Hyde. His back; he had his left hand against the door; he turned in and clapped his back against the door.
Q. You pushed the door and found resistance?
Q. When did you lay hold of his right shoulder, before or after the first pistol was fired?
Hyde. I am sure the moment the pistol was off, I had him by the right shoulder, not before.
Q. If his back was at the door, how was the first pistol fired?
Hyde. With his right hand over his left shoulder.
Q. He hit that side of the door where the hinges are, when the first pistol was fired?
Q. Did any body assist you in pushing the door besides yourself before the first pistol was fired?
Hyde. The pistol went off directly, the moment he put his back to the door, for he reached at something and put his back against the door.
Q. Had he pistols in his hand when you saw him outside the door?
Q. You found the door held hard against you from the first?
Hyde. I believe so, they came up together.
Q. How came the door to be quite open before the second pistol was fired?
Hyde. Feltus came to my assistance after he fired the first pistol; the door gave a little way, I got further in; Feltus came to my assistance.
Q. Was you in the room when you said do not fire at naked men?
Hyde. I had hold of him by the shoulder.
Q. Was the door quite open then or no?
Hyde. It was not quite open.
Q. He instantly fired the second pistol?
Q. And the door was wide open then?
Hyde. Yes; the door flew open then.
Q. It was wide open then?
Hyde. It was wide enough for me to get in.
Q. But was it wide open or not?
Hyde. It was wide enough for me to get in.
Q. Was you in the room when the second pistol was fired?
Q. Was any body else inside the room besides the General and you, when the pistol was fired?
Hyde. My man was close to me.
Q. Inside the door?
Hyde. Yes; that was Feltus, he was as close behind me as he could be.
Q. How far was the General from you when he fired the second pistol?
Hyde. I look upon it he was three feet from the door.
Q. Was there any thing to barricade the door?
Hyde. Nothing but his own person.
Q. Was the General upon his legs or not?
Hyde. He was upon his legs.
Q. When was he down?
Hyde. When I wrenched the third pistol out of his hands.
Q. How came he to fall down?
Hyde. By my wrenching the pistol from his hand.
Q. It was not the pushing open the door then that threw him down?
Q. You say he reached it?
Hyde. Yes, from a chair on the right hand going in.
Q. Which side are the hinges of the door upon?
Hyde. Upon the left hand side.
Q. How was the General handled after this business, he was down upon the ground when you wrenched this pistol from him?
Q. I believe he met with several blows?
Hyde. I know of none, I never saw one given him.
Q. No wounds?
Hyde. No; he took hold of the bannisters of the stairs, they broke, and he fell down.
Q. Had he no blow with the butt end of a pistol?
Hyde. Not that I know of.
Q. Had you no pistol?
Q. Had none of your companions?
Hyde. Not that I know of.
Q. But below stairs before you went, had none of them a pistol?
Hyde. No, I saw none.
Q. You put him into a coach and conveyed him to Armstrong's?
Q. You have kept the pistol ever since?
Q. It has never been discharged?
Q. Did you say that you had leave of Mrs. Mayo to break open any door in the house?
Hyde. I never said so.
Q. And nobody with you said so?
Q. Did you ask leave of Mrs. Mayo to break open the doors?
Q. I take it the General's body was near the lock part of the door, and not the hinge, when you had your hand upon his shoulder?
Counsel for the crown. When you go up to the two pair of stairs is there any door that fronts you?
Hyde. The General's room door.
Q. Before you get on the landing place does the door front, or is it on one side?
Q. Was there any cutlass in the company, or were either of you armed?
Hyde. No, none of us were armed, only I had a stick.
Q. When you had taken the General into custody was he willing to go or not?
Hyde. He would not go, he lay down and
Q. Had you either of the balls in your hand after the pistols had been fired?
Hyde. I saw one of the balls in one of the mens hands.
Court. You say you knew the General very well; do you think he knew you?
Hyde. I cannot positively say that; I was not an officer when I saw him before, I was only an assistant.
Court. The General must have seen you coming up two or three steps at least?
Q. How many steps does this door command?
Hyde. Five or six.
Court. Then he must have seen you; did you see him?
Hyde. I did not look, not expecting him.
Q. from the Jury. Which way did the door open into the General's room, to the right or left?
Hyde. The hinges are upon the left.
Q. from the Jury. How long was your knee in that position between the door and the door post?
Hyde. A very short time.
Q. from the Jury. Where do you think the General got the pistols from?
Hyde. From a chair I suppose.
Q. from the Jury. Could you possibly see the General catch up a pistol you having only your knee in?
Hyde. I saw him catch something up; the ball came through the pannel next the hinges.
I am brother to John Hyde ; I went between two and three in the afternoon to Mrs. Mayo's; there were John Hyde , myself, Henry Feltus , William Sleigh and Richard Reeves : when John Hyde went in, I and Feltus and Reeves and Sleigh, were at the upper end of Craven-street; I saw my brother go into the house, and I came to the house in ten minutes or a quarter of an hour; John Hyde went in first, we all went down the Street, John Hyde was engaged with the two lads, I was the first of the followers that went in.
Q. When you went in, did any other go in with you?
Hyde. Yes, Feltus, Sleigh and Reeves were just behind me; one of the boys swore the first that came up he would stick the knife in him; one said but little, the other had the knife in his hand.
Q. Which spoke?
Hyde. The young lad with black hair; one of our assistants knocked the knife out of his hand, we put them out of the door into the yard and bolted them both out; Mr. Hyde pushed up stairs; I heard him speak to some body, I could not distinguish what they said; Feltus and I left two men, Reeves and Sleigh, to guard the boys; Feltus got the advantage upon the stairs of me; Mr. Hyde got the door partly open and got his knee into the door; just as I came up to the door I turned myself round.
Q. Which side was you on, the lock or hinge side?
Hyde. Nearest the hinge; I heard them talking, but could not tell what they said.
Q. Did you see any body upon the stairs?
Hyde. No; Mr. Hyde had got up at the door before we came near him; I kept myself up to the door, and turned round; the pistol went off, and gave me a little brush by my face; I saw the ball; Feltus took it up in his hand and followed Mr. Hyde to the door; the ball brushed my hair.
Q. How near was you to the door at that time?
Hyde. Not above five or six inches.
Q. How near to the hinge did the ball go?
Hyde. The upper part of the pannel; it went through the double pannel. Feltus pushed in after he took up the ball to assist Mr. Hyde; Hyde catched the General by the shoulder.
Q. Which shoulder?
Hyde. I thought he catched him by the right shoulder.
Q. Could you see the General at this time?
Hyde. I saw nothing but the colour of his morning gown. Mr. Hyde said, pray, sir, don't fire at naked men: he made answer he had half a dozen ready for us and he would not be taken; he would shoot every one of us.
Q. How far was the door open at this time?
Hyde. Six or seven inches; I suppose wide enough for a man's hip to be in; Hyde got in; Feltus pushed in after him; he shot again, and shot him through the hat; the ball went in at the door post.
Q. Where did Feltus stand?
Hyde. He got in at the door; I heard the pistol go off and saw the smoke.
Q. Did you see any part of the General at that time?
Hyde. I saw his morning gown.
Hyde. Only heard it; the ball lodged in the post I believe; there is a hole in the post now. I went directly into the room upon the second pistol's firing; Hyde had hold of the General; the General tumbled down with the pistol in his hand.
Q. How came he to tumble down?
Hyde. Whether he ran back and got his heel in the carpet, or what, I cannot tell.
Q. What sort of a pistol was it?
Hyde. A horse pistol.
Q. Did he say any thing then?
Hyde. I do not know that he did; we took a pistol out of his hand; I held his arm while Hyde (I believe it was he) took it out of his hand; Mr. Hyde took the pistol and put it into his pocket: he hung much by the bannisters coming down stairs; they broke; we got him in a coach, and took him to Mr. Armstrong's; in the coach Mr. Hyde's pistol hung out of his pocket; he put in his hand and pulled it out; the General said, pray take care, it is loaded. Mr. Hyde knocked out the prime, and let down the cock; it was cocked and primed.
Q. How many persons in all were concerned in apprehending General Gansel? there were Lee the plaintiff, the two Hydes, Feltus, Sleigh and Reeves, in all six?
Q. Did curiosity excite nobody to join you? did not somebody else go into the house beside you and your company?
Q. Had you occasion to expect any resistance that so many of you went?
Hyde. Not that I know; but it was talked he was a desperate man.
Q. But did you expect resistance?
Q. Is it usual to go six of you when you expect no resistance?
Hyde. Very often.
Q. Is it usual to go so many of you when you expect no resistance?
Hyde. We did not expect any such things as happened.
Q. Did you ever in your life, when you expected no resistance, carry such a posse of people?
Q. The first thing you say there was a struggle with a boy on the stairs?
Q. What the boy said to the officers was it spoke in a whisper or loud?
Hyde. Loud; in a great rage.
Q. How long was it before the knife was struck out of the boy's hand?
Hyde. I suppose a minute.
Q. How much more?
Hyde. It might be near two minutes; I cannot say to a minute.
Hyde. Yes, his back was towards me close to the door.
Q. His back was towards you, can you swear any part of his knee was then in the room?
Hyde. When I got up to him it was.
Q. Did you see any more than his knee in the door at that time?
Q. Had none of you any arms?
Hyde. No, none at all.
Q. Not one of you?
Hyde. I never saw any pistol but the General's.
Q. Was there any conversation with Mr. or Mrs. Mayo about what liberty they should give you?
Q. Was there any talk about having leave to break open doors?
Hyde. No, not a word.
Counsel for the crown. How far was Hyde up the stairs before you?
Hyde. About half way.
Q. How far had you got up stairs before you saw Hyde? did you hear Hyde's voice?
Q. Did you hear any body talking to him?
Hyde. Yes; I heard somebody's voice but could not tell whose.
Counsel for the prisoner. How long was it that the second pistol went off after the words you mentioned that he had half a dozen more?
Hyde. It was but a trifle of time, the pistol went off directly upon it.
Court. When was it the General made use of those words he had half dozen more?
Hyde. After he had fired the first pistol.
Hyde. Getting into the door.
Q. Was his knee in then?
Hyde. Yes, it was; and directly the second pistol was fired.
Henry Feltus sworn.
Feltus. I was one of the men that went to Craven-street: when I went first to the house, the first thing was we stopped at the top of Craven-street, and Mr. Hyde and Mr. Lee went to the house; when he gave us an item we all went together. I was the first that entered the house; there was Mr. Hyde standing upon the stairs; there were two servants, one with a knife, the other I believe had not; he swore the first person that came up he would stab him with the knife; that was the young man with black hair; the plaintiff said what will nobody go up? Mr. Hyde and he went up; the first thing was one young man was handed down the stairs by the plaintiff or Mr. Hyde, then the other; I delivered them to two men below, Sleigh and Reeves; I made the best of my way up stairs; I saw Mr. Hyde and the General upon the landing place -
Q. Where was you when you saw him upon the landing place?
Feltus. Upon the middle of the stairs; when he saw me come up he made the best of his way in doors; the first thing I saw was Mr. Hyde's leg and thigh between the door and the wall; with that I went up to him, and Mr. Thomas Hyde followed me; the General turned a pistol and fired through the pannel of the door; the ball went into the wall and returned back upon the landing place I believe; I had the ball in my hand, but what I did with it I cannot say; Mr. Hyde laid his hands upon his shoulder with a warrant in his hand, or it was a bit of paper I know; the door was opened; then he shoved in; the General fired over Mr. Hyde's shoulder; it came through my hat; this is it; my hat was on at the time.
Q. At the time the second pistol was fired, and the ball went through your hat, where was your head then?
Feltus. On my shoulders.
Q. But where was you?
Q. Who were the people with you at the upper end of Craven-street?
Q. Who were at the gentleman's house?
Feltus. Mr. Hyde and the plaintiff, nobody else to my knowledge.
Q. How long after they went was it that they beckoned you to come?
Feltus. They were not in two minutes.
Q. Not two minutes?
Feltus. No, when they beckoned me to come.
Q. After that beckon you all went towards the house?
Q. Which went in first?
Feltus. I did.
Q. Are you sure of that?
Q. Where did you go when you came into the house?
Feltus. Into the entry.
Q. Which of you four went into the parlour?
Feltus. I cannot say that any of us did.
Q. Did not John Hyde shew you all into the parlour?
Feltus. No; I was not in the parlour at all.
Q. Then the first thing you saw was two boys standing upon the stairs?
Q. You are very sure there were two?
Feltus. Yes; one had a knife.
Q. Were they not pushed and shoved violently down stairs?
Feltus. They were handed down stairs; the young man in the black hair swore he would rip the first man up that came up stairs.
Q. Were not they pulled down or pushed down?
Feltus. No; I saw the plaintiff and Mr. Hyde take hold of one of them, and put him down stairs; I received them; they were pushed into the yard.
Q. All this made a great disturbance in the house?
Q. When did you see either or both of them again after that?
Feltus. Not till such time as the gentleman was brought down.
Q. Do you mean to say that after the two boys were bolted out in the yard that you did not see them on any part of the stairs till the General was brought down?
Feltus. I did not.
John Hyde ?
Feltus. At five or six steps of the stairs.
Q. How many steps may there be from the landing place of the General's door to the next landing place that you come down?
Feltus. I did not count them, there may be five or six.
Q. Then you had him all the way in your sight?
Q. Upon what part of the stair case did you see the General?
Feltus. Just as he came out of his own door, before he came down any steps or stairs; there he stood; I was upon the landing place in the middle of it; I could see him.
Q. Was the General standing upon the stairs when you first saw him, or coming out of his room?
Feltus. Standing upon the stairs speaking to Mr. Hyde.
Q. Did you hear any thing said?
Feltus. I did not hear any words there.
Q. Then there were no words there, and you was near enough to hear?
Feltus. None to my knowledge; I was near enough to hear.
Q. When did you first hear words spoke between them?
Feltus. After the firing of the first pistol.
Q. Then you did not see the General at the time you heard those words?
Feltus. No; he was in the room, and Mr. Hyde's leg and foot in the door way.
Q. You saw no part of the General's body at this time?
Feltus. Yes, I saw Mr. Hyde's hand upon him; I heard Mr. Hyde say for God's sake don't fire at naked men.
Q. That was the first you heard?
Feltus. Yes: the gentleman swore he had half a dozen more, and would blow all their brains out.
Q. The door was still in the same situation?
Feltus. Yes; he had then about half his body in.
Q. You did not see the general at that time?
Feltus. I saw three parts of him then.
Q. How far might the General be from the door?
Feltus. Close to it.
Q. Did you see his face?
Feltus. Yes, very plain towards me; the pistol went off when part of my body was in.
Q. Which shoulder was his hand upon?
Feltus. I cannot say.
Q. Was not the General's face towards him then?
Feltus. Yes, towards me at least.
Q. Then his body was towards you?
Q. What part of the room was the General in when you went in?
Feltus. He was upon the ground; he had fired a second pistol then.
Q. Did you see him when he fired the second pistol?
Feltus. Yes, I saw him as well as I see you.
Q. Was he with his face towards you then?
Feltus. He was.
Q. With which hand did he hold the pistol?
Feltus. I think with his left hand.
Q. How came he to be upon the ground?
Feltus. I do not know whether the sheriff's officer threw him down or no, but the next thing I saw him do was to put the third pistol towards my head.
Q. You cannot tell where he got that third pistol from?
Q. What part of the room was he lying down upon?
Feltus. Just by the door.
Q. In what condition was the door when he fired the second pistol?
Feltus. About half open or there away.
Q. And his face was then towards you?
Q. Had you no pistol?
Feltus. None at all.
Q. Which was the man that had a pistol below stairs?
Feltus. I did not see any.
Q. Did not you or somebody present a pistol to the lad, and hear nobody say blow the lad's brains out?
Feltus. I did not.
Q. Was it Mr. or Mrs. Mayo gave leave to break open any doors in the house?
Feltus. I never heard any thing about leave to break open a door, I heard the boys when they stood upon the landing place say my master is out of town; Mrs. Mayo said he is in the two pair of stairs fore room; that is all that ever I heard; I never heard a word about breaking open a door.
Court. You could see the General stand at his door when you was about six or seven steps below?
Q. He was then upon the landing place?
Q. Only he had got five or six steps before you began to follow him?
Q. You saw the General at this flight of stairs?
Q. Was Hyde then near him or close to him?
Feltus. As close to him as possible unless he had laid hold of him.
Q. You say when the General saw you he turned in directly?
Q. Then Hyde put his knee between the door and the wall?
Q. Then all this time you did not hear a word spoke?
Q. Should not you have heard it if there had been a word spoke? if he had spoke low you must have heard him?
Feltus. I cannot say.
Q. You told us just now Hyde said for God's sake do not fire upon naked men, and he said directly he had half a dozen more which were not unloaded, and that he would blow all your brains out; which hand did he hold the pistol in?
Feltus. I think the left hand.
Q. He held it in his left hand as Hyde had hold of him, if he fired with his left hand over Hyde's shoulder, then it was pointed at you?
Feltus. I believe it was; it went through my hat.
Feltus. I cannot say whether on the top of the stairs or gone down.
Q. You did not see him in the room?
Q. from the Jury. You say when you went up stairs you saw the General on the landing place, that on seeing the officer he withdrew into his own room, and the door was not shut?
Q. What position was the General in?
Feltus. I believe he leaned his body against the door, and that his face was to the door.
Q. Do you remember going with Hyde on the 26th of August?
Q. Who was in company with you?
Q. Was there any body else?
Sleigh. The plaintiff and Mr. Hyde went into the house first, we were waiting in the street.
Q. Did you afterwards go into the house?
Sleigh. Mr. Hyde came and called me.
Q. Which Hyde?
Q. Where did he come to you?
Sleigh. To the door of the house; he desired us to come in.
Q. What distance were you at that time from the house?
Sleigh. Twenty or thirty yards.
Q. Where was you when he spoke to you?
Sleigh. In the street, he beckoned and said come in.
Q. Do you mean he spoke it, or did you understand by the motion?
Sleigh. He made a motion; I heard him say something; I could not hear him distinctly.
Q. Describe the manner of his beckoning you, what did he say when he came near you?
Sleigh. When we came into the house one of the prisoner's boys came down with a naked knife.
Q. How far did he come down?
Sleigh. Half way down the stairs; he asked what we wanted, Hyde asked him if the General was at home, he said he was in the Country; then the gentlewoman of the house said he was up two pair of stairs forwards; the boy said the first that attempted to go up stairs, he would run the knife in him, they got the boy down and got the knife out of his hand.
Q. Was there one boy or two?
Sleigh. Two; we stopped them.
Q. How far did they go up the stairs?
Sleigh. Not to the first landing-place; they were attempting to go up, and we kept them down.
Q. Did you prevent them from going up?
Q. Where did you keep them then?
Sleigh. At the bottom of the stairs. When I got into the room, Mr. Gansel was down upon his knee I believe; I did not go up till the second pistol had been fired.
Q. Did you hear any words?
Q. Had any of you arms, or any pistol?
Sleigh. I saw no pistol.
Q. When did the second boy come, not him with the knife, the other boy?
Sleigh. He made his appearance as soon almost as the boy with the knife, he might be a minute or two afterwards, he came afterwards.
Q. Who went in first of you that were called out of the street?
Sleigh. Feltus, I believe.
Q. How many went into the parlour?
Sleigh. I cannot say, I went into the parlour.
Q. Who else was with you there?
Sleigh. I cannot remember any one but me.
Q. Who was in the parlour when you went in?
Sleigh. The gentlewoman of the house.
Q. Was not John Hyde in there; had Hyde passed the boy with the knife before the other boy met him?
Q. Where did the second boy meet Hyde after he had passed the boy with the knife?
Sleigh. He was upon the landing place.
Counsel for the crown. The second boy came down, just as Hyde passed the first landing place?
Court. What became of Lee the plaintiff?
Sleigh. He was upon the stairs with the boy, I do not know what became of him.
Q. How could the boys return to the bottom of the stairs, if they were bolted in the yard?
Sleigh. They came through the kitchen.
Q. from the Jury. Which of the two boys had the knife?
Sleigh. The black haired boy.
Richard Reeves . I am one of the men that went with Hyde to Mrs. Mayo's in Craven-street; Mr. Hyde was in the house before we came in; going up stairs there were two lads, one with a knife in his hand, who said he would rip us up, if we attempted to go up stairs, for his master was not at home; Mr. Sleigh and I had the care of the lads; they were put in the yard; they came up again a back way to the stairs.
Q. Did they pass you up the stairs?
Reeves. No, I prevented them; I heard the report of a pistol, in about a second of time I heard another.
Q. Before these pistols were fired had the lads passed you up stairs?
Reev es. No.
Q. What was the occasion of so many of you going to assist in arresting the General, you expected resistance I suppose?
Reeves. I suppose that was something: we heard that he was a terrible man; I judged so; I heard he used one Mr. Vere ill; I have belonged to Mr. Armstrong some years.
Q. Do Sleigh and Feltus?
Q. Did the two Hydes occasionally?
Reeves. Hyde is an officer.
Q. Was there any talk between you of its being necessary that there should be so many?
Q. Where did you wait while Hyde went into the house?
Reeves. At the top of the street.
Q. How long had Hyde been in the house before he called you in?
Reeves. About eight or ten minutes.
Q. Where did you stay?
Reeves. Half up the street; he came out.
Q. Which of the followers went in first?
Reeves. I do not know.
Reeves. I cannot be certain.
Q. Did you go into the parlour?
Reeves. He was in the parlour before.
Q. Did Sleigh go into the parlour?
Reeves. I cannot say.
Reeves. I cannot say.
Q. Or Feltus?
Reeves. I cannot say.
Q. Cannot you tell us which of them were in the parlour?
Q. Do you believe Sleigh was in the parlour or not?
Reeves. I do not believe he was, very likely he might be in the parlour.
Q. Do you believe he was or not?
Reeves. Yes, I believe he was.
Q. Now do you believe Feltus was in the parlour?
Reeves. I did not see him in the parlour.
Reeves. I believe not.
Q. What was agreed upon below stairs in the parlour?
Reeves. I heard nothing agreed upon; I heard after I came into the house, that the General was gone up stairs.
Q. Had not Hyde told you, that this Mrs. Mayo said that the General was just come in before you came into the house?
Q. You heard her say in the parlour, that the General was just came in, and gone up stairs?
Q. Were the boys close together when you saw them?
Reeves. Yes; they were both upon the landing place when I first came in.
Q. They had neither of them gone down stairs before you put them into the yard?
Q. Did not you expect that the General would have locked himself in, hearing this struggle below with the boys?
Reeves. I did not hear any thing about it.
Reeves. I did not know that.
Q. From the Jury. Had the boy the knife in the yard?
Reeves. He went down stairs with the knife.
Q. From the Jury. When was the knife taken from the boy?
Reeves. I don't know; I believe the Plaintiff did it.
Mrs. Mayo sworn.
Q. Did the prisoner lodge at your house in August last?
Q. What is your husband's name?
Q. Do you remember the officers coming to your house?
Mayo. Yes; there was one came in first, I do not know the name of the person; the street door was open, and had been for two months tied back with a string; they came into the parlour, the parlour door was a-jarr, one came in first, two or three came in afterwards.
Q. Had you any conversation with them?
Mayo. None at all; they asked me if the General was up stairs, I told them yes; that was all that passed.
Q. Did you tell them what apartment he had?
Mayo. Yes; up two pair of stairs, the fore-room.
Q. When you go up stairs, does the door face you?
Q. Does it face the stairs as you go up, or the third pair of stairs?
Mayo. The stairs as you go up: I just peeped my head out of the door, and at the time there came in a gentleman that served his time with my husband. I pulled him in, and locked him in with me in the parlour. I heard two pistols go off, that is all I can say. I did not go up till next morning; the door was locked, and they had the key; there is the marks of two balls, one in the post of the door, the other through the door.
Q. Had you at any time spoke to the General concerning your apprehensions of his being arrested?
Mayo. We had words several times; I told him if he did not take care of himself, he might be arrested before he was aware.
Q. What answer did he make you?
Mayo. I cannot say; he never used me with great civility.
Q. What did he say?
Mayo. I really cannot recollect it.
Q. The General I believe has other rooms besides these two where he was at this time in your house?
Mayo. Three rooms in all and a garret.
Q. Did he hire these lodgings by the month, or the year?
Mayo. By the year.
Q. How many years has he had them?
Mayo. Many years.
Q. Did you hear any thing said to, or by these boys?
Mayo. I was not up stairs; I do not know what passed.
Q. You did not hear them say the General was in the country?
Q. Nor did not set that matter right by what you said?
Mayo. He came back for a knife, which was thrown out of the window.
Q. Did you tell any body that the General was in the house, just come in?
Mayo. Yes; they asked me and I said so.
Q. Do you know whether the officer, or any of of them had any pistols?
Mayo. There was a pistol on our dumb waiter in the parlour; he trembled when he came in; he ran to the middle shelf of the waiter.
Q. Was that your pistol?
Mayo. Yes; I desired them not to take it out; but they took it. I had the pistol again next day.
Q. They took the pistol out of the parlour?
Mayo. There was one pistol, and they had it.
Q. Who had you the pistol of next day?
Mayo. I cannot tell.
Q. What sort of a pistol was it?
Mayo. A double barrel pistol left by a gentleman to be repaired.
Counsel for the Crown. Was it a loaded pistol?
Q. From the Jury. Do you recollect when this pistol was taken; was it before the General's pistols were fired, or after?
Mayo. Before; there were three of them in the room as the time the pistol was taken.
My Lord, though not quite unused to speak in publick, yet my Lord, upon an occasion like this, which is so very tender, not only to myself, but to the whole of his Majesty's subjects be they where they will; I must beg leave therefore, my Lord, to read to you what I have reduced to writing.
My Lord and Gentlemen of the Jury,
Distressed and harassed as I have been for three weeks past, I am now at a loss how to address you, upon this, to me, most melancholy occasion.
It has been my misfortune to have an action commenced against me, by a person who had no just ground for such a proceeding: But this is not a time for a discussion of that point; and therefore, I shall not trouble you on that head. It is also my misfortune, that the Plaintiff in that action would not content himself with the ordinary methods of making an arrest. Had he been willing, in the usual course of such a business, to watch his opportunity, he, and his associates, might have arrested me in the open street. I went out on Thursday the 26th day of August, as I had done for several days before. It will be proved to you, that I had been with Mr. Merrick, the agent, who lives in Parliament street, for several mornings successively. On the day when I was so unfortunately beser, at the suit, as I am informed, of Mr. Lee, the Surgeon, I walked out; and at some distance from my lodgings in Craven-street, went into an hackney coach, and drove to Oxford Road; and from thence walked to Kensington gardens. I returned from thence between one and two in the afternoon. If it had been the intention of the parties concerned, to effect their purpose in a quiet manner, they might then, and on several days preceeding, have executed their process; but their design was to assault me in my lodgings, and for that purpose, they came with a numerous and armed force.
It was also my misfortune, that when their designs were carried into execution, they were not content to reserve their story for a Court of Justice. The news papers were filled with long accounts, all intended to inflame prejudices against me, and in the detail, invention was stretched, to dress up the narrative with the most aggravating circumstances.
But I am now before a Court, and before a Jury, that will not suffer impressions of that sort to have any influence.
The case which the witnesses have attempted to make out against me, is in most of the circumstances wholly new to me. My counsel, from their practice and experience, will be better able than myself, to make the proper observations on the evidence that has been brought against me. All that I can do, is, to relate a plain account of what really did happen, and in the very order and manner in which it happened.
On Thursday, August 26th, I had been in the morning in Kensington gardens. I met there Mr. Vickers, a wine merchant, who lives in the Hay-Market. About one o'clock, or soon after, I arrived at my lodgings in Craven-street. I have lodged in that house above eight and
It was my custom to keep the door of whatever room I was in locked. My affairs, I was in hopes, would be soon settled; and till that could be done, I do not mean to dissemble, that I meant by keeping my door locked, to provide for the security of my person. I know it has been propagated, in order to prejudice me, that I did not intend to satisfy my creditors: but if it were now in a trial, I could prove, that I was taking every step to settle my affairs, which, I must own, from various incidents have continued embarrassed. Till matters could be put on a proper footing, it was natural to take care for the liberty of my person.
From Mr. Lee, the surgeon, I had no apprehensions, because he must know, that he has been generously paid, and that he has no cause of complaint.
In this situation I was on my bed; very little expecting that my dwelling would be surrounded in the manner it was. My servants, Harry and James, were both in the room: Harry was preparing some bread and milk for me; the infirmities of my constitution make a milk diet necessary. The room door as usual was locked; on a sudden I heard a gentle tapping, as if with a knuckle. Harry asked, without opening the door, who was there, and what he wanted: somebody answered,
"I want Mr. Mayo." Harry told him, that Mr. Mayo lived on the ground floor and kitchen. The man, who ever he was, went down stairs, and Harry saw him through the key hole; thereupon I ordered Harry to go down, and see who he was, and what was his business. Harry went down; from him the Court and Jury will be informed of what passed below stairs.
He saw, and you will hear it from him, Mr. Lee and several men with him. At the approach of my servant, they all ran out of the house; but they soon returned, and Lee, at the head of them, went into the front parlour to speak with Mayo.
In a short time I heard a violent uproar at the bottom of the stairs; Harry will tell the Court, that when they came out of Mayo's parlour, he stood on the first landing place, and asked them what they wanted. They said, they must go up stairs; and one Hyde, who was there, having armed himself with a double barrel pistol belonging to Mayo, swore he would blow out the servant's brains, if he interrupted them; Hyde presented the pistol, but Harry bid him fire if he dare. A general tumult ensued; I ordered my servant James to go down and see what they were doing to his brother; but before he went down, I locked myself up in my bed-chamber. My servant James will tell you, that he heard me turn the key in the lock, apprehending from all I heard, that I was to be assaulted in my own apartments, which I paid for by the year, and where nobody had a right to enter, not even Mayo himself, as I had a distinct property in the habitation, which I hired and paid for. I placed an elbow chair against the door, and resolved to defend myself in the just possession of my own, if any attack should be made.
The noise in the mean time increased below stairs; you will hear from my two servants, that they were both seized by force, and carried by the men, who were in the combination, into the back yard, and there locked out of the house, with intent, no doubt, to perpetrate their purpose, and leave me without a witness to tell the story.
But my servant Harry, as he will inform you, got down into the area, and so into the kitchen: from thence he came up stairs and opened the back door to let his brother James into the house.
They both attempted to go up stairs, but were opposed by a man stationed on some part of the stairs with a club in his hand. James was not able to pass him, but Harry got up as far as the second landing place, near my bed-chamber door.
By this time a body of people were committing every violence at my bed room door; all cursing and swearing in the most outrageous manner; threatening to break in, if the door was not opened; and declaring that they had fire arms, and would shoot if I resisted; I answered, and I conceive I was warranted in so doing, that I had a right to defend myself in my own house; that I had pistols, and would protect my person and my habitation.
Their menaces growing still more violent, and a push being made at the door, in the
I was in hopes this would have dispersed them; but they were too desperate, and too fatally bent on further violence.
They pressed with all their strength against my room-door; and I, on the inside, continued to push an elbow chair against it, with what force I had. But their violence was such, that they burst the door; and I fell to the ground, the chair tumbling with me; and a pistol which was in my left hand at the previous instant went off by accident.
If to do bodily harm to any man had been my intention, it will easily occur to every one that hears me, that I could have taken my station at a distance from the door, and waited there till the first man entered.
To hinder them from breaking in was all I intended; and in doing what I did, I submit it to a Jury of my country, whether I had not a right to defend myself in my own house? I always understood, and I understand now from the authority of Mr. Justice * Blackstone, that the house of an Englishman is his castle; and that a room which a man hires for a certain time is his house.
* Commentaries, Vol. IV. p. 225.
I will not trouble you with a narrative of the treatment I met with, when overpowered in the manner I have related; beat, bruised, wounded; without a coat or hat, in my night-gown, and covered with blood, I was dragged through Craven street to the Strand, there put into an hackney coach, and carried to the house of one Armstrong, a sheriff's officer; and from thence on Thursday last, to my great surprize, I was hurried to Newgate; I suppose that my prosecutors might make their charge here, to prevent my complaint against them in another place.
Ever since this misfortune happened, my time has been passed in such distress of health and mind, that I am little qualified to make out my own justification. I leave the rest to my Counsel; I rely upon the wisdom of the Judges, before whom I am tried; and I rest my cause, with entire confidence, in the equity and uprightness of the gentlemen of the Jury.
Court to Mrs. Mayo. I think you say this gentleman had the lodgings by the year?
Q. And has had them many years?
Mayo. Before I was married; I have been married to Mr. Mayo ten years.
Court. I believe as soon as you go into your house, you g o along a passage; you turn on the right-hand to your door that goes into the parlour?
Q. That door is opposite to the stair-case that goes into the kitchen?
Mayo. You go strait to the stairs from the street-door?
Court. So then the passage leads directly up stairs, without any communication with any room whatsoever?
Q. From the Jury. Was the room door broke where the General lodged?
Mayo. I don't know really.
Ashfield. I am a servant of General Gansel>, and so is my brother; I have lived with the General about four years; James about three quarters of a year.
Q. You remember the twenty-sixth of August when the General was arrested?
Q. Had the General been out that morning?
Q. Did you attend him out?
Q. Where did he go?
Ashfield. To Kensington Gardens; I went to Northumberland-street, got a coach for him, and he walked through a passage; and from there we went to Kensington Gardens, and there we met one Mr. Vickers, a wine merchant; we walked round the gardens, and then I attended him home; he got into the coach about one o'clock, we came home a little before two.
Q. Where did you alight from the coach?
Ashfield. In Northumberland street; from thence the General walked to his lodgings.
Q. His bed-room, I understand, is two pair of stairs forward, did he go to that room?
Ashfield. Yes; he said he was very fatigued, tired, and faint; he pulled off his coat and waistcoat, and put on a night gown and his cap, and lay on the bed.
Q. was you in the room when he laid down
Ashfield. Yes; I was cutting some bread and butter for his dinner.
Q. It is usual for him to eat bread and butter for dinner?
Ashfield. Yes, and garden stuff, that is his general dinner when he is not well.
Q. I believe this is the knife you was cutting the bread and butter with.
Ashfield. The knife I had in my hand when upon the stairs, it was the same knife with which I had been cutting bread and butter.
Q. Was James in the room with you while you was cutting the bread and butter?
Ashfield. He was.
Q. Do you remember the circumstance about the tap at the door?
Ashfield. Yes; the General asked, who is that? I asked, who is that? through the door: somebody answered, is Mr. Mayo here; I said no, this was not Mr. Mayo's appartment, that he lived in the parlour below stairs: then the man went down stairs, I heard his foot; my master told me to go and look who that was when he had got down the first flight of stairs. I went to see.
Q. Was your master satisfied he was got down stairs before he bid you look?
Ashfield. Yes: then I went down stairs, and saw a man knocking at the parlour door, one John Hyde , and a great number of men in the passage, and Mr. Lee along with them; Mr. Lee said something to him, they all went out to the street door.
Q. Upon seeing you?
Ashfield. Yes, upon seeing me; they stayed about two minutes, then they returned again and knocked at the parlour door; Mr. Lee said, Mrs. Mayo let me in: Mr. Lee went in, and all the fellows that were with him.
Q. How many of them were there?
Ashfield. A great number, I believe about ten or eleven.
Q. They all went in?
Ashfield. Yes, all went in.
Q. Did you go up stairs to inform your master what was the matter below?
Ashfield. I told him there was Mr. Lee with a parcel of russians with cudgels and sticks.
Q. You suspected they were bailiffs?
Ashfield. No; I did not know what they were.
Q. Did you find your master's door locked or unlocked, when you came up stairs?
Ashfield. Then it was locked; James asked who was there; I said it was me; he knew my voice, opened the door, and let me in.
Q. Had you any orders from your master then to do any thing more?
Ashfield. No; I went down stairs again, I had no orders, I heard the bolt of the lock turn when he let me down.
Q. Did you take a knife in your hand at that time when you went down?
Ashfield. Yes; I had it in my hand all the while: I went down to the last landing place before the ground floor, stayed about a minute, and then the whole party came out of the parlour. Lee went towards the street door in the passage and stood there; John Hyde came up to me, and all of them following, he said he wanted to go up stairs; I told him the General was not at home; he said he knew he was at home, and would see him.
Q. did you make use of any attitudes to resist him?
Ashfield. I said I could not let them go up, I did not know their business: I said the General was not at home. John Hyde called out for a pistol; one of the men went into the parlour, and brought a double barrel pistol.
Q. Did you make use of any threatening words; I will cut any man's throat, or run the knife into him, or any threat whatsoever?
Ashfield. I am sure I did not make use of any kind of threat.
Q. Do you know the name of the man that brought the pistol?
Ashfield. No. Hyde presented a pistol to me, and swore he would shoot me if I did not let him go up stairs, but that he would not hurt me if I would let him go up; he told me he did not want me he wanted the General. I told him he might shoot if he would, I would not let him go up.
Q. How did you hold the knife in your hand?
Ashfield. In the manner you hold it now: Lee said, d - n him, knock him down; he took a stick from one of the men and hit me a knock with it; upon that John Hyde snatches hold of my hand where the knife was, and takes hold of the knife and throws it down.
Q. During this time had your brother come down?
Q. I suppose that scuffle made some noise?
Q. Did your brother come down before or after Lee struck you?
Ashfield. After Lee struck me: the knife dropped upon the ground.
Q. Was it by a blow?
Ashfield. I believe it was.
Q. They carried you and your brother James to the back yard?
Ashfield. Yes; and put us out in the yard. I got over the rails and got into the house again, unbolted the door, and then let James in. I ran up stairs; there was a man upon the first landing with a stick, he swore he would knock me down if I offered to go up stairs: he did knock me down; the man was dressed in black; my brother James came at the same time; while he struck at him, I got past. I went to the third landing place, that is the first that is upon the second pair of stairs, a slight of stairs below my master's bed chamber.
Q. When you came there what did you observe?
Ashfield. A parcel of men putting their shoulders to the door; at the same time I heard a voice from below, from the parlour, why do not you begin to break? Hyde was up stairs along with all the rest of the men; he comes down stairs, and knocks me down. I heard my master say keep off, for I will defend myself; I am armed, you had better keep off, for I will defend myself.
Q. Upon your oath was your master's chamber door quite shut at that time or not?
Ashfield. It was quite shut.
Q. You swear that positively?
Ashfield. Yes, I am sure.
Q. Then could you, where you was, see whether the door was upon the jar, open or not?
Ashfield. It was not at all open.
Q. By the voice of your master you could be able also to know whether the door was open?
Ashfield. Yes; and it was not.
Q. Did they talk about breaking open the door?
Ashfield. They swore that they were armed as well as him, and they would have him; upon that instant, I heard a pistol fired.
Q. Did you hear them say any thing about breaking doors?
Q. When that pistol was fired, where was you?
Ashfield. Upon the landing.
Q. Was the door within view of you at that time?
Q. Could you see the door when you heard the pistol fired?
Q. Was the door quite fast then or open?
Ashfield. Quite fast.
Q. Was it possible for that man to have his knee in, and you not see him where you stood?
Ashfield. No, it was impossible; Hyde ducked down his head, and said, d - n him, never mind his pistols, and immediately they run up and pushed at the door: about two minutes afterwards, I heard a great scuffling and hollowing, and then before the door was opened another pistol was fired.
Q. Did the door open immediately upon him?
Ashfield. About a minute; they pushed the box of the lock off, they wrenched it so that the lock could have no power.
Q. Does it appear by the box of the lock, that it must have been forced open?
Q. How soon was it after when you saw the lock?
Ashfield. Ten minutes after.
Q. Who saw the lock besides yourself?
Ashfield. My brother.
Q. Any body else?
Ashfield. Yes, Mr. and Mrs. Mayo, I believe, saw it.
Q. Did Mrs. Mayo see it?
Ashfield. Yes, she did.
Q. To Mrs. Mayo. When did you see the lock?
Mayo. I did not go up that day.
Q. When did Mr. Merrick and Mr. Vickers see it?
Ashfield. About two days after, Mr. Vickers came for some things; Mr. Vickers prevailed upon her to let me go up stairs; we went up two pair of stairs, where looking about the things as we were coming away, we saw Mrs. Mayo with a double barrel pistol in her hand.
Q. Had you been in the house from the
Q. Was there a bolt to the door?
Q. When you saw it so wrenched, was the bolt of the lock, which the key turns, shot as if it had been locked with the key?
Ashfield. It was on the outside of the lock as if it was locked.
Q. Your master and you had been walking in Kensington Gardens.
Ashfield. Yes; he leaned upon me.
Q. It is your master's custom to go to Northumberland-street?
Ashfield. Yes; he never has a hackney-coach come to the door.
Q. How came you to bring that knife down in your hand?
Ashfield. I was cutting bread and butter with it.
Q. You say you saw ten or eleven people, describe them?
Q. Who were the other four?
Ashfield. Working sort of people.
Q. They desired you to drop the knife?
Ashfield. No; my brother desired me to drop it.
Q. Did not you threaten to stick or stab somebody?
Q. You saw them come out of the parlour, which parlour?
Ashfield. The first parlour.
Q. How long had Hyde been scuffling with you?
Q. How near was you brother?
Ashfield. Upon the same landing place.
Q. Had he any knife?
Q. Who prevented you going up stairs?
Q. Did your brother try to get up?
Ashfield. Yes, but he was a little after me.
Q. This was at the foot of the stairs?
Q. How many people were there?
Ashfield. Only that one.
Q. Where were the rest of the people?
Ashfield. Gone up stairs, I believe.
Q. Did your brother attempt to get up?
Q. You are sure you got up?
Q. The time you was first upon the stairs with the knife in your hand they turned you both into the yard, and then you came back round through the kitchen?
Q. How long might it be from the time you was put off the stairs into the yard, till the time you returned again to the stairs?
Ashfield. About three minutes.
Q. Before you was turned into the yard, did you see any body go up stairs?
Ashfield. Yes, all but these two went up stairs; some went up then and some went up afterwards.
Q. How many might go up stairs before you was turned into the yard?
Ashfield. About three.
Q. How many were left at the bottom of the stairs?
Ashfield. About five.
Q. How long might you be contending with those that refused to let you get up?
Ashfield. About two seconds.
Q. What was the first thing you saw?
Ashfield. A great number of men pushing with their shoulders against the door.
Q. How many men?
Ashfield. There might be seven.
Q. The landing place, and the door must be pretty full?
Q. You stood at the landing place below?
Q. Can you take upon you to swear whether the door was open or shut at that time?
Ashfield. It was shut.
Q. But there were six or seven people before the door, how could you see the door?
Ashfield. I could see over their heads.
Q. How high is the door?
Ashfield. It may be about ten feet.
Q. Is it as high as common parlour doors are?
Q. Will you take upon you to say that the door was shut at that time?
Ashfield. Yes; I heard them say never mind his pistols, never mind his pistols.
Q. How long was it before the second pistol was fired off?
Ashfield. About two minutes.
Q. Where was you when the first pistol was fired off?
Ashfield. Upon the third landing; I went to remove, and Hyde was coming running down, and pushed me down.
Q. Did he come running down before or after the second pistol was fired?
Q. How far did he push you down?
Ashfield. I might go about half a dozen steps; I came up to the landing again, and another pistol was fired off; Hyde ducked down his head, and said d - n him, never mind his pistols.
Q. When was the expression made use of don't mind his pistols?
Ashfield. After the second pistol; I was on the second landing place when the second pistol was fired; Feltus was at the door.
Q. Was the door open or shut at the time the second pistol was fired?
Ashfield. It was shut.
Q. Are you sure?
Q. Tell us how the ball came into the door post?
Ashfield. I cannot tell that.
Q. Whether the bullet of the second pistol made any mark in the door?
Ashfield. No, it did not; it did not touch the door, but went into the post.
Q. You have spoke of the bolt of the lock, do you mean the bolt that turns with the key?
Q. What sort of a lock was it?
Ashfield. A brass lock put on the inside, not laid into the door; there is only the bolt that turns with the key, and a little bolt that turns round with the knob.
Q. The bolt was out, which did you mean?
Ashfield. Both the bolt that turns with the hand, and the bolt that turns with the key; it was about ten minutes after my brother ran by me into the room.
Q. How was the door opened?
Ashfield. By main force; they forced the box of the lock.
Q. Whether at the time you and your brother went up to look at the lock Mr. and Mrs. Mayo were within?
Counsel for the prisoner. Where you stood at the time, if the door had been but a little open, that a man's foot or knee might be in, would there not have been light enough from the top of the door to discern it?
Court. Are you sure your master sent you out after the man had tapped at the door to see who it was, and and what was the matter?
Q. Did you go down?
Q. Are you positive you went and told your master then that Lee and the other men were there?
Q. Before you came down the second time did you go into the room to tell him or tell him at the door?
Ashfield. I told him at the door.
Q. Do you remember whether on the 26th of August the prisoner went out?
Q. What time did he come back?
Ashfield. About one o'clock; my brother and I were in the room with him.
Q. Did you hear any thing like the rap of knuckles at the door?
Q. Was the door locked?
Q. Is it usual to keep the door locked?
Ashfield. Yes; at the rapping of knuckles my brother asked who was there; the person asked whether Mr. Mayo was there; my brother told him no, he was below stairs; when he was gone down a little way, the General told my brother to go and see who it was, and what he wanted; after he had been a little way down he came up again, and told the General who they were; he said there were a great number of people; he went down again; we heard a noise; and the General bid me go and see what was the matter.
Q. Did he lock the door on your brother's going out?
Q. You went out afterwards?
Q. When you went out was the door locked after you?
Q. Did you see any thing of a person with a pistol?
Q. Did you see any thing more till you was turned into the yard?
Ashfield. Only knocking us about as much as they could.
Q. How long did you stay in the yard?
Ashfield. Till my brother got down into the area, and opened the door and let me in, and then he went up stairs; he got up with several knocks; I attempted to go after him, but some men at the bottom would not let me. I heard a pistol go off; there were a great many people on the stairs; I could not get up; I heard another pistol go off. As soon as the General was gone I went up; the lock was almost wrenched off.
Q. Was it in good condition when the General let you out?
Ashfield. Yes, it was.
Q. How long was it after the General was gone before you saw it?
Ashfield. Two or three minutes.
Q. When you was turned down stairs, who pushed you into the yard?
Ashfield. Two or three of them.
Q. Who bolted you in the yard?
Ashfield. I do not know whether it was any of the people that are here.
Q. How long was you in the yard before you got in again?
Ashfield. Two or three minutes.
Q. When the yard door was unbolted, did you hear the report of a pistol?
Ashfield. Yes; my brother was got up stairs then.
Q. When you came to the stair-case how many men did you see?
Ashfield. About two at the foot of the stair, all the rest were gone up.
Q. Did you see any struggle between them and your brother?
Ashfield. No, not at that time, he was past them.
Q. Did you easily get up yourself?
Ashfield. Yes; that was after they were all gone up. As I was running up the last pistol went off.
Q. You did not follow your master out of the house when they took him out did you?
Ashfield. Yes; I went to the top of the street there I left him.
Q. When you came back what part of the family did you find below stairs?
Ashfield. Mrs. Mayo, the woman of the house, and a man of her acquaintance.
Q. Did your brother go with you to the top of the stairs?
Ashfield. I went up stairs first.
Q. Did your brother follow you?
Q. How long was he after you?
Ashfield. About a quarter of an hour.
Q. Did you call for him to come up, or did he come up of his own accord?
Ashfield. Of his own accord.
Q. What did you go up for?
Ashfield. To see if every thing was safe.
Q. When the General bid you go down, he bid you stay and hear that he locked the door, was there any reason for it?
Q. You did stay?
Q. Did you tell him you heard it locked before you went?
Q. You heard it looked, and then you went down?
Court. Your master generally kept his door locked?
Ashfield. Yes, he did.
Q. Then he heard the person tap at the door?
Q. Did he speak, or your brother?
Ashfield. My brother.
Q. On being told that was not Mr. Mayo's room, did the man go down stairs?
Q. What did he bid your brother do then?
Q. Did your brother come and tell him?
Q. What did he tell him?
Ashfield. That a parcel of fellows were below with sticks.
Q. Then he went down again?
Q. Then your master hearing a noise sent you to see what they were doing?
Vickers. Yes, at Kensington-gardens.
Q. Was you at the house in Craven-street any time that day, or the day after?
Vickers. I was there the same day; I went up stairs.
Q. Did you go up into the General's bed room?
Vickers. No, I did not.
Q. Any time after that did you go into the General's bed room?
Vickers. The next day but one I did; I saw a hole in the door.
Q. Did you observe any thing about the lock?
Q. Did you observe the part where the ball had passed through the hole of the door, could you observe what position it was in when the ball went through?
Vickers. It must be shut I suppose; if it had been open it was impossible it could have gone in that direction; it went in a direction to the right, and mounted; as I looked through the hole with the door shut, it answered to the opposite mark in the wall; but opening it ever so little an inch or two, it put it in a different direction that I could not see the hole.
Q. Did you see any other mark in the door?
Vickers. I saw the hole in the post, the side of the door.
Q. You think the door must be fastened because the ball took a direction to the right?
Vickers. Because the ball went to the right and mounted.
Q. Suppose the door had been five or six inches open, why might it not have gone in the same direction?
Vickers. It did not appear that it could to me.
Q. When the door is shut you can see the bullet hole in the wall?
Q. How far distant was the hole in the door from the hinges?
Vickers. To the best of my recollection, it might be half a yard.
Counsel for the prisoner. Suppose the door to be twelve inches, how far might the hole be from the hinges?
Vickers. About one third of it.
Q. Divide it in half where must it be?
Vickers. About the middle of the second pannel next the hinge.
- Sanderson sworn.
Q. Have you seen the door, the door case, and the box of the lock?
Q. In what condition was the box of the lock when you saw it?
Sanderson. When the door is locked and bolted, the box is so wrenched, that the least force would push it open; the screws are drawn out of the box.
Q. With respect to the pannel, where is that hole made?
Sanderson. It is rather more than half-way to the hinge.
Q. Did you see the hole in the passage?
Q. Can you form a judgement whether the door was open or shut when the ball went through?
Sanderson. I tried it in two or three positions.
Q. Suppose the door open so much as a man might put his foot or knee between the door and the post, could the ball possibly have taken that direction?
Sanderson. I do not think it possible; I tried it at one and two inches, but could not then see the opposite mark; the other ball went into the post of the door at the height of four feet nine inches; the pistol must be near the door, and the door shut, when the second pistol went off; because the reflection of the gun-powder made a circle round, part on the door, and part on the case, where the ball went in.
Q. If the pistol was levelled at the head of a man, would it have gone through that part of the door, could it have gone so low?
Sanderson. It was impossible; it could not have hit him, it is impossible.
Q. What are you by business?
Sanderson. An upholsterer and auctioneer.
Sanderson. From my ideas.
Q. When you saw it last Thursday, did you measure how far this hole on the post of the door was from the ground?
Sanderson. Yes, it is four foot nine inches.
Q. Whether a ball, when it is fired from a gun or pistol, carries the gun-powder to the place where the hall is lodged?
Court. That depends upon the distance.
Q. Then the gun-powder will be on the place nearest the pistol?
Q. How does the gun-powder being on the door prove the door was shut?
Sanderson. According to my imagination, it is impossible the ball should leave that circle on the door and post, if the door was open; I was employed to remove the General's pictures.
Q. from the counsel for the prisoner. Pray, sir, supposing a ball is discharged out of a pistol or gun, does it not always go in a straight direction, suppose it was held the least pointing down, then the ball would have gone all the way downwards?
Sanderson. Yes, certainly.
Q. to Mrs. Mayo. When Mr. Sanderson came, did he ask whether the lock was in the same position before the accident?
Mayo. Yes; I said I could not tell; nothing has been done to the lock since; I always went up with the men.
I have seen the room.
Q. What is the situation of the lock?
Jones. It is very clear the door has been forced open, the box or receiver of the bolt most clearly has been forced open.
Q. Did you take notice of the direction of the pistol ball?
Jones. The direction was towards the garret.
Q. In what proportion did it rise in its direction from the hole at the door, suppose a level from the hole of the door is it much higher?
Jones. Yes, a great deal higher.
Q. Are you able to form a judgment of that hole, whether it could have formed that direction, supposing the door to be partly open?
Jones. From my observation, I should think the door was shut when the pistol was fired; the hole is right through the door.
Q. Did you observe the hole in the door case that was made by the pistol?
Q. Does that go in plump, if I may so say, in a straight line, or does it go slanting from the door?
Jones. I did not take much notice.
Q. Does the ball form a right line or slant?
Jones. It seems to be gone clear into it.
Q. Did you observe the mark of any gunpowder upon the door itself?
Jones. No; I did not make an observation.
I examined the lock upon General Gansel's lodging; it appears to have been forced, the screws are forced out of the wood.
Q. When did you see it?
Brown. On Saturday last: the first observation that I made was, upon the ball going through the pannel of the door, I put my eye to it; it carried it straight upon a line; then I opened the door; it would not go to the same direction; then I shut it close, and it carried it to the same direction; I tried it three times, I was so particular.
Q. With regard to the other hole?
Brown. I observed the shot, I saw the door burnt with the powder, I went to put my finger to it, said Mrs. Mayo, I beg you will not touch it, but let every thing stand as it is.
Q. from the Jury. What profession are you of?
Brown. A peruke-maker.
Read. I live in Smithfield.
Q. Have you been at General Gansel's house?
Q. Did you take notice of the door of the two pair of stairs chamber?
Read. The lock staple was tore off, the screws were tore loose from the wainscot, the box was on but loose, in such a manner as that the lock could be sprung when locked; I tried it, it opened easily with the knee on the outside.
Q. When did you do that?
Read. Last Saturday; the hole went through, as you are the inside of the room, the right-hand pannel; the direction went up the wainscot of the stair case, and the mark where it lodged is in the landing place.
Q. In what position must the door be when the bail went through?
Read. I think it could not be open, at least a very little way.
Q. How much could it be open?
Read. A very few inches.
Q. Three inches?
Read. I should think not.
Q. When the door was shut, your eye carried you to that place?
Q. If the door had been open ten inches, do you think if the ball had gone through in the same direction, it could have gone where it did?
Read. No, I think it impossible; I apprehend the General knew better how to kill a man than fire at him through a door post; it has gone through two cases, and shivered the wood.
Q. If the General had been behind the door, and the door open, could he have done it?
Q. What are you?
Read. A broker.
Q. Suppose a ball is shot through a door will it take the same direction as if it had met with no obstruction after the shooting?
Q. Supposing a ball when shot off, meeting with no interruption, would take a strait direction, would not that ball by meeting with any piece of wood it was to pass through, vary the direction of the ball?
Read. It might.
Q. Would not the varying of the ball he merely accidental, would not a great deal depend upon the situation of the party?
Read. That is according to the piece.
Counsel for the Prisoner. Suppose two holes made by any instrument through two pieces of wood; if I can see looking through one hole, as I could through a telescope, the opposite hole to it, I must be sure what is the direction.
Ashfield. The box appeared to me to be strained; the screws were quite loose, and seemed to have been drawn.
Q. Did it appear to be done by force?
Q. Did you look through the door to see the direction the ball had taken?
Ashfield. Yes; I think the door must certainly be shut.
Q. With respect to the hole of the door case, did you observe that?
Ashfield. I observed the post where the ball was in was burnt, and the door was marked the same as the post.
Q. Whether that ball could have been fired when the door was open, with that mark upon the door?
Ashfield. It must have been when the door was shut.
Q. What are you?
Ashfield. A gentleman.
Q. When did you make this observation?
Ashfield. Yesterday about five o'clock.
Q. You are not an Attorney?
Q. Who desired you to make the observation?
Ashfield. I did it from curiosity.
Q. Are you the father of the two young men?
The General then said, he was so confident of the good ground his cause stood upon, that he had not called more than two officers of rank, to attend the trial, and vouch to his character, and particularly to his humanity, if necessary: if more had been thought proper, he believed he could have called as many as any gentleman in the army.
There were two other indictments against him; one for shooting at Thomas Hyde , the other, for shooting at Henry Feltus ; he was arraigned upon these, but the Counsel for the prosecution said, as the General was acquitted upon the merits, that they should wave the two other indictments.
He was immediately acquitted on the second and third indictment.
536. (M.) THOMAS MILSON was indicted for stealing one knapsack, value 6 d. two linen shirts, value 2 s. a pair of linen trowsers, value 2 d. a cloth coat, value 3 s. and a cloth waistcoat, value 2 s. the property of Edward Quin , Aug. 1st . +
Edward Quin . I live at Chelsea: I lost the things mentioned in the indictment, about a quarter of mile beyond Kensington Gravel Pits ; I was coming from Chelsea; I was going to the Plough at Action Green to leave my clothes there; I fell asleep in a field, and when I waked my things were all gone, and 14 s. I had in my pocket.
William Halliburton . This knapsack ( producing it) I had of the prisoner's brother. One of the grooms of the king's mews came, and informed me a young man was at the Mews who had offered a pair of silver buckles to him; I went and took the prisoner, and searched him, and found a duplicate in his pocket, which led me to a pawnbroker's in Westminster, where I found a shirt pawned; I asked him whose shirt it was; he said it was his own, and that his sister had made it for him; I asked him where his sister lived; he told me in Archer-street by Great Windmill-street; after I had disposed of him I went to his sister, and asked if she had made that shirt for him; she said no; she said there was something she had she should be glad to be rid of, and produced the knapsack; I took the knapsack and her to Sir John Fielding 's; I then said to him how could you tell me the shirt was your's? how came you by this knapsack? he said he took it from a pensioner that was asleep in the field, and said he would take me to the person he had sold the coat and waistcoat to; he told me this voluntarily, and then he told me there was a shirt and the other things in the knapsack, and that they were sold at a house in Thieving-lane; he went with me and shewed me the house; I went to the pawnbroker's for the shirt, and the shirt is here. He said he could not be convicted, for we should never find the man.
Prosecutor. I had the knapsack sixteen years ago in North America.
As I was walking through Hyde Park I saw the knapsnack lie upon the ground and took it up; the man was not near it.
Guilty . T .
537. (M.) MARY BORAM, otherwise GOLDING , was indicted for stealing one quarter of a guinea, one shilling in money, and a counterfeit half crown of no value , the property of John Clayton , Aug. 3d . +
William Tyler . On the 30th of August the prisoner came into my shop, and seeing nobody in it, he went round the counter, and was emptying the little money that was in the till into his hat, but accidentally let some fall on the floor; the till was not locked; my wife was in an adjoining room and heard it, and called me to her assistance; I took him; there were 2 s. in silver, and about 3 s. in halfpence; I saw it in the hat; I got a constable, and he was committed.
Prosecutor. My wife shook him by the collar, and I saw the 2 s. drop from him.
I was just starved to death for hunger; I had had nothing for two days; I had been ill two years, and lost the use of all my limbs.
Guilty 10 d. W .
The copy of the record was read, by which it appeared that he was capitally convicted at the session in the Old Bailey for stealing a mare, but afterwards received his majesty's mercy in condition of transportation.
William Halliburton . I know the prisoner; he was capitally convicted; I know nothing of the transportation; I took him at the time he was tried for stealing the mare; I am sure he is the same person; I saw him several times besides being in Court at the time he was tried. I took him at the Old George in Oxford-road; that was the time he was first taken; Heley took him now.
I own myself the person, and leave it to the mercy of the Court; I was very ill used in the country and was glad to get home again. I was pardoned before for discovering the conspiracy in Tothill-fields Bridewell.
Guilty. Death .
Recommended to Mercy by the Jury .
540, 541. (M.) ROBERT DALE and WILLIAM FANJOY were indicted for breaking and entering the dwelling house of Elizabeth Hunter , widow, about the hour of ten in the night, and stealing fourteen pair of leather breeches, value 30 s. part of two pair of other leather breeches, value 5 s. and three pieces of buckskin leather, value 8 s. the property of Thomas Leveridge , in the said dwelling house . +
Thomas Leveridge . My house was broke open on the 29th of August; I was at home at half after nine; my house was broke between ten and eleven: I am a single man. The house is Elizabeth Hunter 's; I have a room to myself; my room was locked; I was at a public house just by drinking a pint of beer; I left the lock quite fast and found it broke; it was entirely taken away; I never saw it from that time to this. I lost fourteen pair of breeches, two pair unfinished, and some pieces of leather; this room is my shop and place where I live.
Q. What time did you have work that night?
Leveridge. It was Sabbath-day night, so I did not work; I locked my door at half after nine and went out; I returned about eleven and found it in that condition. There were people passing and repassing in the street; I called there in and told them I was robbed. Some of the things are in Court.
Thomas Branham . Last Sunday was a week, between nine and ten o'clock in the evening, the two prisoners and I went down to Play-house-yard.
Branham. Dale unlocked the door and Fanjoy took the lock off; it was a padlock; when the door was open they told me to go down the yard while they went in; I was with them while they unlocked it, and while they went in; I was watching at the same time; Fanjoy brought first a bag with two pair of breeches unfinished; afterwards they gave me a bag to go away with and went in again, and they came to me and brought I believe eleven pair of breeches in the bag; I saw the bag open; they put them all into one bag, and took them all to one Elizabeth Pine 's house in Crow-alley.
John Denmore . I took the three men together; the evidence told me before the Justice where these things were (producing two pair of breeches); I had them from John Turner whom Mrs. Pine had sold them to.
Elizabeth Pine . On Sunday was week the prisoners brought me a bag, and asked me to let them leave it with me till morning: I am not a house-keeper, I have only a room; Fanjoy brought the bag; the other man was not there at that time; he came the next morning but had nothing with him; Fanjoy asked me next morning to be so good as pawn a pair of breeches for him; I pawned them at Mr. Denty's; the next day I pawned another pair for Fanjoy; the other prisoner was present when he desired me to pawn them; I pawned the second pair at Mr. Wright's; I sold a pair to Mr. Turner; I do not know but of four pair, they took the rest away; I did not see how many pair they had.
Prosecutor. I am sure they are all my property.
Prosecutor. The breeches are my make, I can swear to them by a piece I put in them myself.
I never saw any thing of the breeches.
I never saw any thing of them.
Both not guilty of the burglary, but guilty of stealing the goods to the value of 39 s. T .
542. (M.) HENRY GRAY was indicted for stealing a pair of men's leather shoes, value 3 s. the property of Alexander Watson , Sept. 21 , and a pair of silk knit breeches , the property of Alexander Watson , April 23 . ~
543. (M.) ANDREW BROWN was indicted for stealing 50 lb. of lead, value 4 s. the property of William Lyster , and Thomas Lyster , the said lead being affixed to an empty house their property , Aug. 25th . ++
Edward Matthews . I stopped the prisoner some time after with the lead on his back; he attempted to run away, but I secured him, and took him to the watch-house, and I went to the house next morning, and compared the lead.
Robert Beatness . I am a carpenter: I remember the lead; it was taken on the prisoner and lodged in the watch-house; I work for Mr. Lyster; we went down in the morning to see if we knew the the man at the watch-house; he was a labourer that worked at the building; I went and measured the lead, and it answered to the length of the place it was gone from; there was a rub stone stood on the lead, to sharp our knives on, and there is the grit of the rub stone that flies off of it on the lead; it is on the lead now.
Q. Was the lead carried to the house and compared?
Beatness. No, it was measured, and the dimensions agreed with the lead.
Joseph Quick . About half after ten o'clock Matthews the watchman rung his rattle, and cried stop thief! I ran and laid hold of the prisoner, Matthews said he had stole some lead. I said, my friend, where had you it from? he said he stole it from the house that was Lord Deloraine's and is Mr. Lyster's.
I saw two men with the lead; I was coming up to them; they laid the lead down and went away, and I took the lead up and laid it on my shoulder, and walked away with it, but the watchman stopped me; I did not know whose lead it was.
Guilty . T .
544, 545. (M.) SAMUEL MARRIOT and EMANUEL PEAL were indicted for breaking and entering the dwelling house of Jonathan Davis , on the 19th of July , about the hour of one in the night; and stealing a silver table spoon, value 5 s. a silver cream pot, value 5 s. and a silver snuff box, value 2 s. the property of the said Jonathan, in his dwelling house . *
Both acquitted .
(M.) SAMUEL MARRIOT and EMANUEL PEAL were a second time indicted for breaking and entering the dwelling house of Samuel Backwell , Esq ; on the 25th of July, about the hour of twelve in the night; and stealing a lady's gold enameled watch chain, value 5 l. 5 s. a pair of paste shoe buckles, value 4 l. 4 s. and two moco stones, value 5 s. the property of the the said Samuel, in his dwelling house . *
Francis Tomes . I am a servant to Mr. Backwell, who lives in Jermyn street ; his house was broke open on the 25th of July , between the hours of twelve and three; I was the last person up in the house; I fastened all the doors and windows; I went to bed about eleven o'clock; and got up a little after three; it was then just light. I walked about the room and smelt something burn; I came down stairs and saw the street door open; then I went down into the kitchen, and found a bunch of paper burning on the dresser; I went up stairs again and found a great many locks broke open?
Q. Did you observe any place where it was likely they got in?
Tomes. Yes, the kitchen window had the bar bent that goes a cross it, so as that people might get in; the shutters were together; it was a sash window; the sash was thrown up.
Q. Were not the shutters bolted?
Tomes. Yes, in the inside; the bolt was pushed open; it was all open.
Q. Was the bar broke?
Tomes. No, it was bent.
William Backwell , Esq; I was out of town; I came home on Wednesday; (this was between Sunday and Monday) and found the house broke open; I missed an enamelled gold watch chain that belonged to my wife; a pair of paste shoe buckles, and two moco stones.
Q. Where were these things?
Backwell. Part in the bureau, and part in a cedar box; the locks of which were both broke.
Q. to Tomes. Did you find these two boxes broke open in the morning?
Q. to Mr. Backwell Do you know that the prisoners are the persons that broke it open?
John Squires . I took up Peal; I went to this gentleman's house on Thursday; I intended to take the tools with me, but forgot. I cut a piece of paper the size of the mark where the locks were broke open; and they exactly fitted the tools; I went yesterday and tried the chissel upon seven particular places; the chissel wrenched the upper part of the door, the other end fitted the lower part in two places.
Q. What night was it you went into Jermyn-street?
Coleby. I cannot tell the particular night, it was the beginning of the week, I believe the latter end of July; Marriot got down the area and opened the window; I believe he put his hand against it and forced it open; as soon as he got in, he struck a light and lighted a candle; we were alarmed in the kitchen; Peal called out and said somebody had seen us; and with that Marriot left the candle, and we came up again and waited about the door to see if any body saw us; and when we found nobody saw us, we went down again and struck a light and lighted some paper to see if we could find the candle; we could not find any, so we lighted some matches and at the kitchen door we found a bit of candle; then we went up stairs and rifled what places we could, but could not find any thing of any value; we broke open several boxes.
Q. Did you break open any doors?
Q. What sort of instruments did you use to break open the doors?
Coleby. This chissel is one of them; we had two; we took away a pair of stone shoe buckles, a pair of knee buckles, and a mourning ring; there were several small things; there was a gold watch chain, we sold it for a metal one to one Votiere.
Q. Were there any stones?
Coleby. Yes, the top and the bottom to my opinion of a snuff box; I don't know whether it was for that use of no.
Prosecutor. I believe Votiere has these stones.
Q. What time was this done in the night?
Backwell. About the hour of one in the night, between twelve and one.
Q. Who were present at Votiere's, all three of you?
Coleby. No; they carried them to Votiere's, and I went the next day to meet Votiere, at the Bull's Head in Beadle-street to receive the money for them.
Q. Were they both present when the moco stones were brought?
Votiere. To the best of my knowledge there were two of them, if not three. These are the stones (produces them.)
Mr. Backwell. I know one of them by a very particular crack.
Both Guilty . Death .
546, 547, 548, 549, 550. (M.) ANN AUSTINE , ELIZABETH FOSTER , CHARLES STUBBS , MARY, the wife of CHARLES STUBBS , and SARAH STUBBS , were indicted for stealing one linen bag, value 1 d. one guinea, forty-six halfpence, and eleven shillings and six-pence in money , the property of Francis Hardy , May 17th . ~
All five acquitted .
Both acquitted .
William Howes . I lost a bay mare out of one of my grounds just by Keeling Castle ; I put her in the field about eight o'clock on Thursday night the 26th of August; she was gone about four in the morning; my brother came and told me it was gone; my brother went in search of it, and found it at Acton, and brought it back on Thursday night, a week after it was lost; I am positive it was my mare.
Phillip Howes . I know my brother's mare; it was missing out of the field about four o'clock the 27th of August; I went to seek for it, but did not find it till one John Camden came down from Acton to enquire whether there was not such a thing lost; when he came, by the description of the mare, I knew it was my brother's; I went and found it to be my brother's mare.
Q. What is the value of this mare?
Howes. Five pounds.
Q. It is a very poor creature then?
Howes. Rather poor.
John Camden . I gave intelligence to the last witness of the mare; I received it of the prisoner on Friday morning; I was going to a place called Hayes, and met the prisoner with the mare; I suspected he had stole it; I met with an acquaintance about half a mile off; he had offered it to him to sell; he asked 18 guineas and would have taken nine; he had offered it to me; we consulted together about it; we went after him and took him, and put him into the custody of the constable at Acton, and from his confession I went and informed Howes of it.
I had the mare of two men on the road; Camden stopped me on the road with it.
Camden. He told Justice Lamb he bought it at Worcester, and gave 17 guineas for it.
Q. What did he say when you took him?
Camden. That he brought it from two miles beyond Oxford; he told Mr. Lamb the very field where he said it was brought from.
Guilty. Death .
Recommended to Mercy by the Jury .
John Cockran , Sept. 1 . ++
John Cockran . I lost a skiff and a pair of sculls; the prisoner was found in it; I saw it about an hour before it was missing; there was a little boy in it about eight years old; when we come on shore we generally make it fast with a chain. Mr. Titcher brought it; he knew it by seeing my name on the scull.
Joseph Smith . I saw the prisoner come on shore with the skiff and a gentleman in it; the gentleman gave him 2 d. I asked him where he got the skiff; he said it was his own; I said I did not believe it, and he must go on shore with me; I took him on shore, and called my master. As we were taking him before the Justice he got away; I took him again next morning.
I know nothing at all of it.
Guilty . T .
James Smith . I am coachman to Mr. Alvarez: I locked up the stable on the 11th of August, about ten at night; I got up next morning and the stable door was broke open, and my room door; this was about a quarter before six in the morning, and I missed the things mentioned in the indictment; they were found at Mr. Jones's.
Mrs. Jones. The prisoner brought the things to me, and on suspicion I stopped him; he told me he drove for a gentleman who was gone in the country, and he gave them him; I suspected they were not his own; my husband went to Sir John Fielding 's, and there we heard who they belonged to; these are the things (producing them). I knew they were not come honestly by, by the price he asked for them; he brought the waistcoat first and I bought it; when he brought the coat it was that I stopped him.
I bought the things in Rosemary-lane and gave them 10 s. for them; I had a man with me, but he is since gone down into the country to work at the harvest.
Guilty . T .
556, 557. (M.) JAMES SCARBOROUH and JOHN KIRK were indicted; the first for stealing 50 lb. of lead, value 4 s. the property of John Rule , the said lead being affixed to his dwelling house; and the other for being present, aiding, abetting, and assisting the said Scarborough, the said felony to do and commit , Aug. 30 ++
John Rule . My house that the lead was taken from is at Stepney Green . I was sent for to town; the d was laid before me, and the prisoners were in custody; the prisoners said they were guilty, and begged I would forgive them. They were employed that day as bricklayers labourer s.
William Harris . I saw Scarborough on the top of the house; the lead was half off the house, and the other man was in the necessary; I held up my hand and bid him not throw it down; he did throw it down, and Kirk put it under the elder tree, and put some shavings upon it; they said I should have 6 d. if I would be quiet; I never had it.
William Green. Mr. Wilmot came to me and told me the boy had discovered the lead; I went to see it, and it was removed into the cellar; James Whiston and I went down into the cellar, and waited till they came to take it away; Scarborough came first and beat it up, and then the other came down in the cellar; Scarborough took the lead on his shoulder, and Kirk put his coat over it; James Wheston and I followed him out.
James Wheston . Green and I went down into the cellar, and saw Scarborough double up the lead; when they were got out I seized Scarborough, and took the lead from him; Scarborough said pray do not take me, there is the lead; I said no, he must go back.
Wheston. His coat was over it, and I stopped it on the other man.
Kirk was not in the cellar, but he put his coat over it to cover it.
I carried no lead at all away.
Both guilty . T .
559. (M.) JOSEPH BUTLER HOLLIER was indicted for stealing six yards of printed linen, value 18 s. four yards of nankeen, value 5 s. and 20 s. in money, numbered , the property of Edmund Smith , March 10th . *
Joseph Tunstall . I went with this girl to her lodgings; I do not know where it was; it was about eleven o'clock at night. I live in Honeysuckle-court, Cripplegate; when I came into her lodging the girl picked my pocket of my money; I was on the bed with her; I found her hand in my right hand pocket; when I came into the street, I told her she had picked my pocket; she said it might have fell out in the bed; then I went to a court in Petticoat-lane, and the prisoner stood at the corner; I saw the watch in Brown's hand; she gave it to one Kello, and she ran away; I took the prisoner. I had had a little liquor, but was as sober as I am now.
After I came out of the house he went with the other girl up Petticoat-lane. I came out of the snuff shop, she screamed out and ran away, upon which he laid hold of me, and charged me with the watch; I never saw it; I did not attempt to run away.
Guilty . T .
562, 563. (M.) JAMES DEVEREUX and WILLIAM HINDES were indicted for that they in a certain field and open place, near the king's highway, on Robert Marsh , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a quarter of a guinea, the property of the said Robert , July 13 . *
Robert Marsh . On the 13th of July, about a quarter after three, I met a gentleman near Limehouse Bridge ; he said two men had robbed him of two guineas and a half. I went about two or three rods along the field, and then I was robbed by the prisoners, and some more, of a quarter of a guinea; Devereux took me by the collar, and Hindes took the money out of my pocket; the rest all surrounded me; I pursued them as far as Brook-street, which is about three quarters of a mile; then three went one way and three another; upon this I made an application to Justice Sherwood; he was not at home; his men found them in about an hour or two; one of the prisoners was taken at the Virginia Plant ; I was not present when the other was taken; I am sure these are the two men; they are not now dressed in the same clothes, but at the time they were taken they had on the same clothes as when they robbed me; they were taken on Tuesday the 13th, and carried to New Prison on the Wednesday, and were committed to Newgate on Friday. I swore to them when I was first examined before the Justice. I saw no weapons when they attacked me.
George Forester . I know the prisoners; the prosecutor came to Justice Sherwood's to make complaint of being robbed; the Justice was not at home; three or four of the Justice's men went to see after the men; I went with them; we went all round the fields but could not find
I know nothing of it.
I have a witness to prove I was at another place.
Mary Lambert . On Tuesday the 13th of July Hindes and I went to the Curiosity-house at Stepney, about twelve in the morning; we staid there two hours; from thence we went to the Ship, and staid there till about seven in the evening, then we came home together.
Both guilty . Death .
564. (M.) ROBERT HALLET was indicted for stealing a pair of blankets, value 6 s. a pair of linen sheets, value 3 s. a copper tea-kettle, value 2 s. and a brass candlestick, value 9 d. the property of Samuel Paul , the said goods being in a certain lodging room let by contract by the said Samuel to the said Robert , July 10th . ~
Samuel Paul . I live in New-court, Tothil-lane, Westminster ; the prisoner lodged with me five or six months past; he went away on the 10th of July 14 s. 6 d. in my debt; for about a fortnight before he went away he locked up his room, and would not suffer any body to go into it; he always took the key with him; after he was gone I missed the things which are mentioned in the indictment; upon that I took him up about a week after, and carried him before a magistrate, and charged him with having those goods, and he voluntarily acknowledged the offence, and told where he had pawned these several things; one of the pawnbrokers lived in Wych-street, and the other in Turnmill-street; according to these directions I went to the pawnbrokers. Henry Dixon had a pair of sheets, a tea-kettle, and a candlestick, and in Turnmill-street I found the blankets; (the things were produced by the pawnbrokers and deposed to by the prosecutor.)
I had pawned them several times and took them out again.
He called four witnesses who gave him a good character.
Guilty 10 d. W .
565, 566. (M.) ISABELLA CUMMINGS and CHRISTOPHER TAFFE were indicted; the first for stealing a silver watch, value 2 l. 10 s. a steel chain, value 6 d. and a seal, value 1 d. the property of William Russell , and the other for receiving the said watch, well knowing it to have been stolen , June 8th . ~
Both acquitted .
568. (M.) ROBERT BROAD was indicted for stealing four silver salts, value 6 l. four silver salt spoons, value 6 s. and four silver table spoons, value 40 s. the property of Edward Woodcock , Esq ; Aug. 10 . +
Robert Preston . I am a footman to Mr. Woodcock: on the 10th of August, between nine and ten o'clock, the cloth was laid for supper, and the things mentioned in the indictment were laid upon it; the bell rang; going up stairs I missed the things off the table; being alarmed, supposing there had been a robbery, we traced the salt out of the window into the garden; the window was open; it was left open when the things were laid for supper; there was a patch close by the window in the inside, which
John Knight . I am a broker: the prisoner came to my house on the 11th of August, about a quarter before eight in the morning, at Kings-land, which is about a mile from Mr. Woodcock's; he asked whether I bought any plate; I was just come down stairs; I had been very ill; my wife said I sometimes did, and bid him come in; he pulled out the spoons; I asked what he would have for them; I am not sure whether he asked 12 s. or 15 s. for the four; I said I believed he had stole them; I examined the spoons to see if there was any mark on them; there was only a cypher; I heard that Mr. Woodcock had been robbed; I went to him, and asked if he had any spoons of the same pattern as them he lost; the footman brought a spoon; I could swear to the bowl as soon as I saw it; it is marked exactly the same; I saw other things in the prisoner's pocket, but asked him no farther questions. I never saw the man before, but am sure he is the person. I got up and looked after him; he said he would go to the Jews in Duke's Place; I watched him till he got through the turnpike.
Q. from the prisoner. Why did not you stop me?
Knight. I was very ill, and being busy, I thought it more proper to mind my business; I did not know where he came from; he said he came out of the country.
Q. Who brought them there?
Knight. I cannot say.
Q. Where was your brother taken?
Knight. In my mother's house.
Q. What did you see on your mother's table?
Knight. Four salts and four little spoons; I do not know what they call them.
Q. Did he do involuntarily and freely?
Q. You did not promise him any thing or threaten him?
Dixon. No, nothing at all of that.
Q. What day was that?
Dixon. The day after he was taken.
Q. What day was he taken?
Dixon. I do not know; he told how he got into the window, filled his pocket, and got out again; I said was there any other plate in the room; he said yes, there were some silver handled knives and forks, and a silver bread basket worth about 40 l. or 50 l. I said why did not you take them? how came you not to take them? he said he only took what he could take in his pocket.
Q. Did he ever use to wear any thing on his face?
Dixon. Yes, two patches.
This man has owed me a spite a great while, and wanted to get me out of the town: I was bad with the foul disease; I never was in the man's house, and never meddled with the things; when I could not work I used to lie upon my mother.
Guilty . T .
Alexander Williamson . On the 16th of August the prisoner came to my house about two o'clock with a bit of meat to bake; I am a baker ; he stood by the parlour door: I bid him come between three and four for his meat; at three o'clock he came back again; I told him it would not be done till near four; he was standing looking at the watch at the parlour door; it hung beside the fire in the parlour. About a quarter before four a man came to the door for some bread; he never came within the door; I served him; by that time the prisoner was in the bakehouse backward; I went and gave him his meat immediately; the bell rang in the shop again; he was just gone out; it was a young woman at the door; she asked what was o'clock; I ran into the parlour to see, and the watch was gone, no one had been in but the prisoner from the time he brought his meat till the time
Thomas Jones . I am a pawnbroker: the prisoner's brother came on Saturday night with the watch to pawn. I went to the prosecutor and acquainted him a watch was brought to me that agreed to his description only in the name and number; the prisoner and his brother were taken before Justice Welch.
James Stoddard . I am a watch-maker. (The watch shewn him). I know Alexander Williamson ; to the best of my knowledge this is the watch I sold him two years ago; the name seems to have been erased, and another put in; to the best of my judgment it is the watch; if I was indulged to take it to pieces I could certainly tell whether the name has been erased.
Q. How long would you be in taking it to pieces?
Stoddard. Ten minutes in a convenient place. (He takes the watch home and returns with it in a short time).
Q. Have you examined the watch?
Stoddard. Yes; I have taken it to pieces; I can swear positively that it is my work, though the name is erased.
The evidence said at the Justice's I did not steal the watch, but the stole it himself.
Guilty . T .
570. (L.) JOHN HARWOOD was indicted for stealing one woollen cloth waistcoat, value 5 s. one pair of woollen cloth breeches, value 3 s. one velveret waistcoat, value 10 s. a velvet waistcoat, value 40 s. and two linen gowns, value 20 s. the property of John Shearman , July 30 . ~
John Shearman . I am a paper-stainer , and live in Holiday yard, Creed-lane, in the parish of St. Martin-le-Grand ; the prisoner was a lodger in my house; he took the things out of the room he lodged in; he is a printer ; he lodged with me seven or eight weeks. I missed the things mentioned in the indictment (repeating them) the 12th or 13th of July; he went away when he took the things, and I saw no more of him till he was taken. I went to his master to enquire after him, in Red-lion-court, Fleet-street, but I did not find him; I heard some things were pawned from Edward Whitcomb ; I went to the pawnbroker's in Vine Office Court to enquire for them; his man is here; I found a cloth waistcoat and breeches there. The rest were pawned with James Fagget .
Q. What was pawned there?
Shearman. The yellow velveret and a crimson velvet waistcoat, which are my property. I took up the prisoner and took him before a magistrate. who committed him.
Q. Did he tell you where he got them?
Whitcomb. He said they were his own, and bid me go to the nighest place with them; I pawned them at Mr. Fleming's for 4 s. 6 d. and I pawned the velveret at Black Friars for 5 s. 3 d.
Q. Do you know who keeps that shop?
Whitcomb. Mr. Patterson.
Q. What did you do with the money?
Whitcomb. I gave it the prisoner.
Q. Had you no suspicion that these things were not his own?
Whitcomb. I thought they were his own; I heard that he had very good clothes.
Q. Are you sure you had no part of the money?
Whitcomb. I had no part of the money at all.
Fleming. I had a cloth waistcoat and a pair of breeches from the last witness. (The breeches and waistcoat produced and deposed to by the prosecutor.)
Q. You received something else?
Fleming. Only a velveret waistcoat; I carried it before the aldermen; the prosecutor knew nothing of it; that was pawned by Whitcomb; I lent 4 s. 6 d. upon it. (The waistcoat is deposed to by the prosecutor).
The prisoner said nothing in his defence.
Guilty . T .
John Linton . I belong to the keys; I am an assistant to Barnet Smith, a constable: I detected the prisoner on the 9th of August in the forenoon, taking this sugar out of a hogshead at Bear-key ; he filled his hat with it; I am sure he is the man; he was dressed in sailor's clothes; his mother brought him other clothes; there was a pound and a half of it. I took him before the land waiter; he insisted on taking him before a magistrate; he was committed by alderman Bull.
I did not take it all out of the cask, I took some off the ground.
For the Prisoner.
Elizabeth Eescott . I have known the prisoner ever since he was born; he is an honest sober lad; he was apprentice to a barber and peruke-maker ; I had not seen him for a month or two before he was taken up.
- Newman. I am his mother: he has never had a blotch in his scutcheon before; he has always behaved well.
Guilty 10 d. W .
John Hunt . The prisoner has been in my shop several times for some years: on the 10th of August, about nine o'clock, she came to my shop in Hounsditch , on a pretence of buying a black silk cloak; my servant shewed her a variety, one of which she fixed upon; I was present; she agreed to give 26 s. for the cloak she fixed upon; she gave me 6 d. and said she would come in the evening and pay the rest of the money and take the cloak; she stayed in the shop about ten minutes; I took the 6 d. in part of payment; she seemed rather busy in her arms; she had a long scarlet cloth cloak on; not having a favourable opinion of her I thought she had got something; not being positive I let her go out of the shop; when she had got about twenty yards I went after, laid hold of her arm, and said I believed she had something that was not her own, and brought her back to the shop; as soon as she got in the shop I threw by her cloak, and the first thing that presented itself was this cloak, which is my property.
Q. She did not take away that silk cloak she had bought?
Hunt. No; as soon as I found the cloak she fell a crying, and went down on her knees, and begged pardon for God's sake. I sent her to the Compter and the next morning she was had before a magistrate; this is the cloak (producing it); it is marked with my own hand writing,
I used to wind silk for Mr. Satchwell, and when work failed, my mother, who is a market woman, lent me half a guinea to go to market with; I bought a bushel of apples for 9 s. I went with the 1 s. 6 d. to get a cloak; I gave him 6 d. of it, and took the cloak to look at at the door, and he came and laid hold of me and said I wanted to rob him of it.
For the Prisoner.
Q. A servant in your house?
Satchwell. Yes: I have known her three years; I never lost a yard of silk by her all the time she was with me.
Eleanor Herley . I have known the prisoner five years; she went out every morning to work with me, and her mother, when she had no silk to wind; I never knew a halfpence worth of dishonesty by her in my life.
For the Prosecution.
- Foster. I am servant to Mr. Hunt: I was in the shop when the prisoner came in to buy a cloak; she fixed on a flowered one, and was to give 26. for it; she gave 6 d. in part to Mr. Hunt; I put the cloak in a paper and laid it on
Guilty . T .
573. (2d L.) MARY WARNDELL was indicted for stealing a piece of silk, containing twenty yards, value 50 s. a sattin sack, value 2 l. a sattin petticoat, value 20 s. a silk petticoat, value 20 s. a cotton sack and apron, value 20 s. and a crape petticoat, value 5 s. the property of John Edwards , June 25th . ~
Elizabeth Edwards . I am the wife of John Edwards : I live in Nicholas-lane ; the prisoner lived servant with me fifteen months; I had been in Sussex six weeks; on my return I missed a piece of silk twenty yards; I thought it was mislaid and therefore did not for some time take any notice about it; the prisoner was backwards and forwards with me at Clapton; when I enquired about the silk in London, she said it was in the country; when I enquired in the country she said it was in London; yet I imagined it might be mislaid, and did not suspect she had stole them; I never found any of the things but the piece of silk and the crape petticoat; I left the prisoner at Clapton and came to town; she was to come next day; in the morning of the next day I was in the room where the prisoner and a servant lay, and seeing a box I looked into it, and saw a bit of silk that resembled mine; it was either a sleeve or a cuff of a sleeve of a gown; seeing this silk, and it corresponding with the kind of silk I had lost, it struck me; I took the things out of the box and found a silk night gown; it appeared to be like one I had, but is not now in the shop; I left it; it has been made up; it has been in my custody ever since; on looking on it I think it is part of my silk; while I was making this examination, or immediately after, the prisoner came in; I took her into the dining room, and asked for the silk; she said she would go and look for it; I told her there was no occasion, for I had found part of it, and produced the gown I had found; upon that she went upon her knees, but denied the fact, and told me she had bought the silk, and at whose shop she bought it; but acknowledged she had pawned the other at one Mr. Flude's, in Gracechurch-street. To try the truth of the story I went to Mr. Hewet's, a mercer, and enquired of him whether he had sold any silk to the prisoner; he said he had sold the prisoner some straw coloured silk, and it was sent to Nicholas-lane, to my house. I was satisfied with the account of the mercer, but as she said she had pawned some silk, I went with her to the pawnbroker's and the prisoner asked for my silk, pawned in the name of Ludlow; it is part of my silk.
John Mackfese . I am servant to Mr. Flude the pawnbroker. On the 12th of June the prisoner brought eighteen yards and a quarter of silk, and pawned in the name of Ludlow; the prisoner and her mistress came for the silk, and the prisoner said it was the lady's silk and she might have it.
Mrs. Edwards. I verily believe it is my silk; at least part of the gown was made out of my silk.
Q. Do you know Mrs. Ludlow?
Edwards. Yes, I do; Mrs. Ludlow is a friend of mine at my house on a visit.
Mrs. Edwards. I believe it is mine, but cannot be positive.
If I had not acknowledged it my mistress would not have known any thing of it.
Guilty . T .
The prosecutor was called, but did not appear.
ESTHER CORDEROY was indicted for stealing one linen shift, value 2 s. and a quarter of a yard of worked muslin, value 1 s. the property of Mary Copple , July 1 . *
The prosecutrix was called but did not appear.
577. (M.) RICHARD BUNCE was indicted for receiving 12 lb. of copper rivets, value 16 s. the property of William Cave , the elder, and Zachariah Cave , the younger, knowing them to have been stolen by Matthew Hart , July 14th . *
579. (L.) JOB EXILE was indicted for stealing two pieces of linen cloth, containing forty yards, value 50 s. and a piece of striped cotton cloth, containing two yards, value 20 s. the property of John Bomes , Aug. 12 . *
580. (L.) MARGARET WARD was indicted for stealing a pair of linen sheets, value 4 s. two feather pillows, value 3 s. two linen pillow cases, value 6 d. a linen apron, value 1 s. a pair of glass salt-sellers, value 6 d. and a drinking glass, value 6 d. the property of Mary Buffrey , widow, July 19 . ~
Mary Buffrey . I am a widow: I went out the 19th of July about one at night; I locked my door and went to Water-lane; while I was there, Mrs. Newey told me somebody had been in, my house; when she came up she brought the prisoner at the bar with her; I went home and found my door broke open; I missed some of the things mentioned in the indictment. The prisoner had two pillows, a pair of salts and the glass in her apron; the other things were scattered about in my house but were not taken away. The prisoner at that time was very much in liquor.
Mary Newey . I saw the prisoner come out of the prosecutrix's house; I followed her as fast as I could; I laid hold of her and took her to the house where the prosecutrix was; I saw the apron examined which contained the things mentioned by the prosecutrix.
It is my first fact, I hope the Court will shew me mercy.
Guilty . T .
John Shirkley . I am a mason ; I am employed at the new building in the Old Bailey . On the 31st of August I lost the two chissels that are mentioned in the indictment; I had them about eight o'clock in the morning, when I went to breakfast; on my return they were gone. On the 4th of September I found them at one Mr. Pickering's on Saffron-hill; I asked Middleton if he knew any thing of these tools; he said he stole them and gave them Johnson, who sold them at Pickering's, and I found them there.
I found the tools in the building in the Old Bailey, and gave them to Johnson.
Middleton gave them to me.
Both Guilty . T .
583. (2d M.) MARGARET NUGENT , spinster, was indicted for stealing a chip bonnet, value 6 d. a callico apron, value 6 d. a linen sheet, value 4 s. a cotton counterpane, value 5 s. two pair of linen sleeves, value 1 s. a callico handkerchief, value 2 d. a diaper table-cloth, value 8 s. a pair of steel scissars, value 1 s. and 16 s. 3 d. in money, numbered , the property of Peter Judith Carey , widow, July 12 . ++
John Walch , Aug. 4th . *
585. (2d M.) WILLIAM DAVIDSON was indicted for stealing one tambour waistcoat, value 4 l. a corded silk waistcoat trimmed with silver lace, value 3 l. a cloth coat, value 3 l. a pair of linen sheets, value 12 s. six large prints framed and glazed, value 4 l. six mahogany chairs horse hair bottoms, value 6 l. two mahogany elbow chairs horse hair bottoms, value 3 l. Wilton carpet, value 40 s. two looking glasses in gilt frames, value 40 s. three mahogany tables, value 3 l. a mahogany night stool, value 20 s. two blankets, value 12 s. a cotton counterpane, value 6 s. six china cups, value 6 s. six china saucers, value 3 s. a man's silver laced hat, value 12 s. and a silver hilted sword, value 20 s. the property of Richard James , Esq; in his dwelling house , June 12th .
Richard James , Esq . My chambers are at No. 1, Hatton-court : I lost the things mentioned in the indictment in my absence; I was out of town from March to June; the prisoner is a peruke-maker ; he came to my laundress and demanded the key of my chambers. I believe they were taken at sundry times.
Mr. James. I had given directions that he might have the key.
Couzins. I am positive the furniture was in the chambers when I delivered him the key; about three weeks after he delivered back the key I went to the chambers but could not open the door to get in; when I got into the chambers I found all the things missing; I found no marks of violence or any hurt done to the lock, or any mark of the door being wrenched off in any way.
John Couzins . I am the husband of the last witness: this letter (producing it) was directed to me to find several things that were pawned; I found the green coat and the prints that were pawned in consequence of it. I have a letter under the prisoner's own hand, in which he gives a list of several things the property of Mr. James, and which were directed to be pawned.
Hugh Davidson . I am a pawnbroker in Fleet-street; the green coat and prints were pawned with me by the prisoner; he called himself Richard Jones at that time; he said the prints cost him a considerable sum.
Mr. James. I am sure the prints are mine; the frame is of a particular kind made by special directions from me; the coat is likewise my property.
- Wright. I am a broker: the prisoner came to me to know if I would buy any furniture; I said I would if it would answer: the prisoner was dressed like a gentleman, in a green coat, and called himself James; he carried me to the chambers; there was James over the door; he shewed me a card table, and another table, and I bought them. After this he came to me another time in the same dress, and offered to sell a chimney glass, a carpet, and a mahogany table; I bought these things of him in the chambers of Mr. James.
A man that I know that lately came out of Wales desired me to assist him in disposing of these things.
The prisoner called three or four witnesses who gave him a good character.
Guilty 39 s. T .
587. (L.) ELIZABETH THAIN was indicted for stealing two linen sheets, value 5 s. one linen pillow case, value 6 d. and a brass candlestick, value 6 d. the property of Ann Lowder , being in a lodging room let by contract to the prisoner by the said Ann , June 19th . ~
ELEANOR, the wife of John JOB , was indicted for stealing a garnet stone ring set in gold, value 8 s. the property of Patrick Ward , Aug. 22d . ++
Eleanor Ward . I am the wife of Patrick Ward : my husband keeps the Swan and Drum . On the 22d of last month I lost a garnet stone ring off the kitchen table; I left it on the table, and while I went to wash my hands, I was called away about a quarter of an hour and forgot it; Mrs Job was in the kitchen drinking a pint of beer; there was no other person in the room but the children; it was of a Sunday; the gentleman is here that bought the ring.
Q. Can you be certain to her person?
Burroughs. Yes, I believe I am; she resembles the person as nigh as I can guess. (Looks at the prisoner). That is the woman.
Q. to Mrs. Ward. Was she in the room when you came in again?
Ward. Yes. I bid my child give me the ring off the table and it was gone; the prisoner bid me, if I suspected her, search her; I did not suspect her then.
Last Sunday morning I got up, and went out to buy a bit of bread for my five children, and I picked up this ring in the street; I shewed it to Mr. Pagget, and asked if it was gold; he said it was not. I kept it till Monday and then carried it to this man.
Guilty 10 d. W .
592. (2d M.) MARY ROBINSON , spinster, was indicted for stealing two silver tea spoons, value 3 s. a silk and cotton gown, value 3 s. a check apron, value 1 s. nine linen shirts, value 1 s. 6 d. a lawn apron, value 7 d. and a flat iron, value 6 d. the property of Cathrine Brand , Aug. 17 . ++
594, 595. (L.) WILLIAM DAVIS and ELIZABETH SMITH were indicted for stealing four pieces of woollen cloth containing nine yards, value 30 s. and one yard of baize, value 1 d. the property of Edward Chandler the elder , Edward Chandler the younger , and Thomas Chandler ; the other for receiving the above goods, knowing them to have been stolen , Aug. 3d . ~
Thomas Chandler . I am in partnership with Edward Chandler the elder, and Edward Chandler the younger. On the 10th of August I received information from a woman that I had been robbed at several times of some cloth, such as we cover coffins with; on the 11th I got a constable and examined; I had no suspicion of the prisoner before; he had been porter to us ten months; he owned he had stole the cloth and gave it to Elizabeth Smith ; I took them both before a magistrate; they took me to Mr. Shields where they sold the cloth; the man confessed he stole the cloth and gave it to the woman to sell. I found it at Shields's; it is remnants; there are five pieces in all. Shields said he knew the woman very well. (The cloth produced).
Prosecutor. I believe it is mine, I cannot be positive; I believe the baize to be mine; I have some hundred yards of it.
Prosecutor. It cost me 4 s. 6 d. a yard.
Shields. They are remnants which are less valuable: they brought it in the middle of the day or else I should have been suspicious of them. I heard the woman ask Mr. Chandler to be merciful to her; I do not remember her confessing it.
Davis said nothing in his defence.
I did not know it was stole.
Q. to the prosecutor. Did you make him any promise, if he did confess?
Prosecutor. I told him I would forgive him if he would confess every thing, but there is a number of things lost he would not confess to.
DAVIS guilty . T .
SMITH acquitted .
William Steel . I am a baker in Fleet-street: I was sent for before the aldermen, and asked if that was my bread; it was on the 2d of September; the prisoner was there; the bread was produced there; I am sure it was mine. I know nothing of the prisoner.
The prisoner said nothing in his defence.
The prosecutor was called but did not appear.
The prosecutor was called but did not appear.
The prosecutor was called but did not appear.
Thomas Fletcher . I am a smith in the Little Old Bailey ; the prisoner worked with me: on the 16th of August I went to the other end of the town; I stopped to drink with an acquaintance in Holywell-street in the Strand, and saw the prisoner go by with two bars of iron on his shoulder: they are bars for the stair-case of the New Sessions House; I went out and stopped him. A gentleman asked how I knew they were mine; I described them by the thickness and length, and they answered to a quarter of an inch; there is no particular mark upon them; he acknowledged he took the bars, and said he was going to break the grating of a window; I said if he would make any confession of any other bars I would be as favourable as I could.
I did not take them out of the shop; I had them five weeks before when I carried out a parcel for him. When he took me he said he would not hurt a hair of my head, and bid me run away.
Guilty . T .
John Linton . I am set to watch merchants goods at Botolph wharf ; I saw the prisoner take the sugar out of a hogshead with a stick, and put it in his pocket; as soon as he saw me he made off; I followed him, and took him at Smart's key; he had 4 lb. of sugar in his pocket;
The prisoner said nothing in his defence.
Guilty . T .
603. (L.) WILLIAM HOLDSWORTH was indicted for stealing a silver pattern for a stay hook, value 6 d. a silver pattern for a shirt buckle, value 6 d. a silver pattern for a ring, value 3 d. a silver pattern for a locket, value 2 d. a silver ring, value 3 d. four silver sizes for rings, value 1 s. a piece of gold wire weighing nine grains, value 1 s. eleven pieces of silver weighing seven penny weights, value 1 s. 3 d. a miniature picture in ivory, value 4 s. a gold ring set in paste, value 4 s. and fifteen penny weights of silver, value 2 s. the property of John Starling , Aug. 26 . *
- Spencer. I am the wife of James Spencer : my husband lives in Long-lane, Smithfield . I lost three loaves of sugar on Whitsun-Monday; the prisoner Hussey and a boy, the evidence, came for a halfpenny worth of small beer; I saw them looking at the sugar loaves, but had no suspicion of them; I locked my door and went out between seven and eight o'clock to see a gentlewoman; I returned in about half an hour and found my door broke open; the hinges were wrenched off and the lock broke; some of the neighbours told me Hussey and Hogg had been in and out several times; I went next morning and searched their lodgings, and found my sugar; they lodge three doors higher up the lane; I found two loaves of sugar in Hussey's room, and the paper of the other loaf in Hogg's room; it was marked D, as all mine are marked; the two loaves were marked No. 4 and 11; I am sure they are my property.
Ann Marsh . I lodged at Mr. Spencer's when the fact was done. On the 31st of May, in the evening, I came down for some vinegar and saw the prisoners at the shop door; I told them Mrs. Spencer was not at home; about ten minutes after I came down again and saw them at the door; I thought being holiday time they might be in liquor; the next thing I heard was that the door was broke open.
William Long . I am a lapidary: I was standing at my own door; Mrs. Hussey asked me to go and have some beer with her; I said I did not care if I did; we went to the prosecutor's and had a pint of small beer; while the woman turned to draw it, she beckoned to me to take one of the sugar loaves; I did not take it then; we drank the beer and went away; Mrs. Hussey went home and fetched Mrs. Hogg; I stood at my own door; they watched about the shop till the woman went out; we saw her go out and lock the door; Hussey bid me go and fetch a chissel down; I work at Hussey's house; I brought the chissel down, and Mr. Hussey desired me to wrench the hinges off the door; I was not agreeable; she said I should or else her sister should not give me any work; so I did it; Hussey shoved the lock back with a piece of thin iron; then we got in; I put two sugar loaves in Hussey's apron, and one in Mrs. Hogg's: we carried them up to Mrs. Hoskins's; Mrs. Hogg took one home and the rest were left there: Mrs. Hoskins is Hussey's sister.
- Basnet. I searched the lodgings of Mrs. Hoskins in Long-lane; the two prisoners were there; I found two sugar loaves, one whole, the other broke; they were hid in a petticoat; the petticoat lay on the ground.
I know nothing of it; the boy is a bad boy; he had been away a week, and threatened to be revenged on us because we talked to him for his good.
Mrs. Hoskins is a lapidary; my husband is a jeweller: I went to ask for a blanket of mine they had in pawn; I knew nothing of it till next morning, when she came and said she was
Prosecutor. The paper was found in Mrs. Hogg's room.
Both guilty . T .
606. (2d M.) DANIEL LAUGHLIN was indicted for stealing a mahogany tea chest, value 2 s. a china tea pot, value 1 s. two linen shirts, value 2 s. two linen handkerchiefs, value 1 s. a brass candlestick, value 6 d. and one box iron, value 4d. the property of Dennis Bryan , Aug. 12 . ~
607. (2d M.) MARY ALDRIDGE was indicted for stealing a man's hat, value 3 s. a pair of men's leather pumps, value 2 s. one pair of base metal buckles, value 2 s. and seven shillings in money, numbered , the property of John St. John , July 11 . ~
608. (2d M.) JANE, the wife of William SEAMAN , was indicted for stealing 15 1/2 oz. of silk, value 31 s. the property of Paul Gower , and a linen shirt, value 3 s. the property of James Pitts , June 15 . ~
James Pitts . I was intrusted by Mr. Galley with fifteen ounces and a half of silk to be manufactured. I know nothing as to the loss of the silk at the time it was missing. I lost a shirt of my own; John Gower informed me the prisoner took it, upon which she was taken before a magistrate; I found out before she was carried to the Justice where this shirt was, at one Ann Montain 's, a pawnbroker.
I did not take the silk; I did pawn the shirt.
She called two witnesses who gave her a good character.
Guilty 10 d. W .
She was a second time indicted for stealing one pair of nankeen breeches, value 1 s. a nankeen waistcoat, value 1 s. a sattin cloak, value 6 s. a pair of knit breeches, value 1 s. a pair of leather breeches, value 2 s. a surtout coat, value 1 s. a pair of fustian breeches, value 4 d. a pair of silver shoe buckles, value 5 s. three silver tea spoons, value 2 s. a coarse sheet, value 1 s. one pair of worsted stockings, value 6 d. and two silk handkerchiefs, value 4 d. the property of Thomas Gower , June 14th . ~
Elizabeth Gower . I am the wife of Thomas Gower : the prisoner worked with me a considerable time. On the 13th of June I missed a sattin cloak; on the 14th I missed three silver tea spoons; on the 15th I missed a nankeen waistcoat and breeches, and at other days subsequent I missed a great variety of things, and indeed all the things mentioned in the indictment. Upon missing these things, and suspecting the prisoner, I went to search at the pawnbroker's; the cloak and the nankeen breeches I found at Mr. Mackaway's in Shoreditch, and the other breeches and the furtout coat at Mrs. Montell's, and a pair of fustian breeches.
Ann Montell . I am a pawnbroker: the surtout coat mentioned in the indictment, and a pair of breeches were pawned with me by the prisoner; I gave her 20 d. upon them. (They are produced and deposed to by the prosecutor).
John Mackaway . I am a pawnbroker: the cardinal, the nankeen breeches, and leather breeches, the nankeen waistcoat, a pair of stocking breeches and two handkerchiefs were pawned with me by the prisoner. (They were produced and deposed to by the prosecutor).
I worked for a considerable time at the prosecutor's both Gower and her daughter have frequently sent me to pawn things for them.
Gower. I never did.
Guilty . T .
609, 610. (M.) THOMAS PAVEY and SUSSANNA EVERETT were indicted for stealing six silver seals, value 6 s. three pair of stone sleeve buttons set in silver, value 3 s. two garnet rings set in gold, value 12 s. two stone rings set in silver, value 2 s. two metal rings, value 2 d. a pair of stone knee buckles set inEdward Kiffer , Sept. 6 . ~
Both acquitted .
611. (L.) JOHN STERLING was indicted for feloniously forging the last will and testament of Elizabeth Shuter , spinster, with intention to defraud the Governor and Company of Merchants of Great Britain trading to the South Seas and other parts of America, and for encouraging the fishery .
Second Count for feloniously uttering and publishing the said will with the like intention.
Q. What office have you?
Clarke. Clerk to the register.
Q. Who delivered that will to you?
Clarke. Mr. Ruffles delivered it to me on Saturday last, about a quarter after six o'clock, in the Prerogative Office; it has remained in my desk in the Prerogative Office ever since.
Court. Is that the same you received from the record keeper?
Clarke. It is.
Robert Grant . I am clerk to Mr. Nathaniel Bishop , a proctor in Doctor's Commons. The prisoner applied to me on the 20th February last in order to prove a will of one Mrs. Shuter; he produced the will to me. (Looks at the will produced by the last witness) This is the will; he left it with me; I asked him if his name was Sterling, the executor named in the will; he said it was; I told him the nature of the oath, and took him before the surrogate, where he was sworn; he desired me to obtain the probate of it.
Q. Do you know whether he had the probate or no?
Grant. I belive my son delivered it to him, but I am not quite sure.
Q. Was you present when your son delivered the probate to him?
Grant. I do not recollect that circumstance.
Q. Is there any particular mark upon that will that leads you to recollect it?
Grant. There is my hand-writing upon it.
Q. I suppose you have a great deal of that business goes through your hands?
Q. You may have put your hand upon any other will of that name?
Grant. I do not find any other will of that name in Mr. Bishop's books.
Q. It is only from your own hand being upon it that you know that to be the same will?
Counsel for the crown. I understand you to say you are sure that is the will that the prisoner produced.
Grant. I am satisfied of that; there is wrote upon it in my writing proved at London the 20th of February.
Q. Do you recollect who brought it to the office?
Deeble. No; it was brought in the course of business, and the probate was thereupon filled up.
Court to Clarke. I see you have not signed your name to it.
Clarke. Yes, upon the side of it; there is my name as clerk to Mr. Bishop.
James Derose . I am clerk to Mr. Abbot, the seal-keeper of the judge of the Prerogative Court. There was a probate of the will of Elizabeth Shuter , late of Tooting in Surry, sealed on Monday the 22d of February last.
Q. It is your business to do it?
Q. Do you recollect it perfectly?
Derose. Yes; I have a copy of the entry in my pocket.
Q. Where is the original entry?
Derose. In the seal book; this is a copy out of the book.
Counsel. You may put it in your pocket then; you must fetch the book.
Derose. I believe I did.
Q. Have you any doubt about it?
Q. Is it your business as clerk to the seal?
Q. Do you regularly do it to all probats?
Derose. Sometimes Mr. Abbot does it.
Q. There is an entry of it when it is done?
Derose. Always before it is sealed.
Q. Can you undertake to say that independent of any entry that you have looked at since in any book, that you can undertake upon your oath to swear that you upon that day annexed the seal to any particular probat?
Derose. I cannot say I did. (The will is read, in which first she gives to her dear master and very good friend John Sterling , of the Middle Temple, sole executor, 350 l. South Sea annuities, and all other her estate and effects in trust, to make sale of, &c. and out of the money arising from such sale to pay all her just debts. &c. then to retain to his own benefit thirty pounds for his trouble as executor, and then divide the residue amongst her relations, which were specified, and it purported to be signed and delivered by her in the presence of two witnesses.)
Q. Are you a single woman?
Shuter. I never was married.
Q. Look at the name E. Shuter, is that your hand writing?
Shuter. It is very like my writing but it is not mine.
Q. How long have you lived in the Temple?
Shuter. Forty years.
Q. Do you know the prisoner?
Shuter. Yes; I have known him these twenty-five years.
Q. Did you see him any where in July last?
Shuter. He overtook me some time in July last, when I was going to the South-Sea-House to receive a dividend; he overtook me in St. Paul's Church Yard; he asked me where I was going; I said to the South-Sea-House to receive my dividend; he said he was going to Bishopsgate-street; there was a paper up; he looked at it, and said they had stopt payment for nine days; I did not look at the paper myself, I went home and went again in about a fortnight; I went up stairs to receive my dividend; they kept me there till almost night before they informed me what was done.
Q. Did you receive any dividend?
Shuter. They did not tell me.
Q. Do you know Mr. William Skin?
Q. What is he?
Shuter. A partner with Mr. Sterling's cousin he is an attorney.
Q How long have you known him?
Shuter. Almost three years.
Q. Do you know his hand writing?
Q. Did you ever desire him to witness any will for you?
Q. You say that name is very like your hand writing?
Shuter. Something like it.
Q. Supposing you had seen that name upon any other piece of paper than that, is there so much resemblance that you could not undertake to say whether it was your hand writing or not?
Counsel for the crown. Did you ever direct Mr. Sterling to make any will for you?
Q. Did you ever make him to any will an executor?
Q. You have known this woman and the prisoner some years?
Skin. It is not.
Q. Was you ever employed to attest a will of that woman's?
Q. I suppose you have some name-sakes in the world?
Skin. I suppose so.
(Derose returns with the original book, and reads the entry as follows)
"Monday 22d of Feb. 1773. a will of Elizabeth
"Shuter, of Tooting in Surry, John
Court. I would have it understood that I do not at all determine whether it is necessary to produce the book.
Q. This is a sort of day book of your's, is there no other entry made in the Prerogative Office of probat issuing but this?
Derose. There is a sort of kalender in which the probats that pass are entered; that is an index or kalender of names for the sake of more easy finding.
Mr. Debel. This name is entered by myself in the book in the alphabet.
Q. to Mr. Grant. How came this entry, Eliz. Shuter of Tooting in Surry, the will is of Eliz. Shuter, Inner Temple, spinster, how came it to be so?
Grant. From the direction of the executor: we always ask the executor what description we shall give the deceased; I had the description from Mr. Sterling - late of Tooting in the country of Surry, deceased.
Q. Do you know the prisoner?
Payne. Yes, ever since October 1770, after the death of his father. On the 29th of last January Mr. Sterling sent a message to me, to take out a letter of attorney of Elizabeth Shuter ; I saw him about the middle of February following; he told me the letter of attorney he desired me to take out of Elizabeth Shuter to him was of no service for the poor woman was dead.
Q. Did he mention to you what the letter of attorney was for?
Payne. No; the clerks at the South-Sea-House at my request filled up a letter of attorney; I delivered it to the messenger that he sent; the letter of attorney he told me was of no use.
Q. Was it ever executed?
Q. Was her name mentioned when you saw him?
Payne. He said the poor woman was dead the letter of attorney concerned; he told me she had made her will and appointed him her sole executor, he should have a probat in a few days, and that he would bring it to me, and get me to enter it at the South-Sea-House, to enable him to transfer the stock. On the 22d of February he brought me a probat; I took it to the South-Sea-House, and delivered it to Mr. Goodall the proper officer; on the 25th Mr. Sterling went to transfer this stock; he came to me at the Bank; he went with me to the proper offices, and the probat was delivered by Mr. Goodall. I transacted the business for him; he enquired the price; he approved of it, and made the bargain for 200 l. to Crofts at 84 7/9; to Jones 150 l. at 85.
Q. Do you know whether any dividends were received?
Payne. Two half years; I was with him and saw him receive the money for the stock; I went with Mr. Sterling to Mess. Prescot's and Co. and saw him receive the draught given him for the stock by Mr. Crofts.
Q. Are you particular in your recollection of the day you saw the probat?
Payne. I know it was the Monday before the stock was transferred; I know the stock was transferred the 25th of February.
Q. Where is this probat?
Payne. It was delivered to Mr. Sterling by the proper officer.
Q. You kept the probat some time?
Goodall. Perhaps a day; it was delivered to Mr. Payne I believe, who was along with Mr. Sterling. (The entry read)
"The 22d of Feb.
"1773, proved in the Commons." That was the time it was delivered to me; in a few days afterwards I re-delivered it.
Q. Who dictated to you what you wrote?
Goodall. I dictated to Mr. Mountany; it was my province to do it.
Q. Did you read the whole will over?
Goodall. No, only the name of the person?
Goodall. Mr. Payne or Mr Sterling, I cannot tell which; I am certain I delivered it to one of them.
Q. to Mr. Payne. Do you know any thing of it?
Counsel for the crown. Explain the nature of carrying on the account in the ledger when a person dies.
Goodall. After the will has been registered we put the executor on the head of the ledger, which is an authority for the clerks to permit the transfer to be made; this was put on by Mr. Mountany and signed by me.
Goodall. It must be on or before the 25th. Eliz. Shuter, of the Inner Temple, Spinster.
The stile of the Company was read from the charter, which corresponded with the stile of the Company as set forth in the indictment.
Mr. Payne inspects the book.
Payne. This is my hand writing to the transfer; the prisoner signed the transfer. (The two transfers were read.)
My Lord, when your Lordship and the Jury consider the important slate of my life, I hope you will excuse me the trouble I have given you: the crime seems to be so fully proved upon me that it is in vain for me to make any defence. For the extenuation of it I can safely say at the time I committed the crime I did not mean a fraud either upon the Company or Mr. Crofts. I hope that in consideration of my youth, it being the first offence I ever committed; that the gentlemen of the jury will be pleased to recommend me to the mercy of the Court, and I would humbly hope that the Royal Clemency will be extended to me, though unusual upon these occasions.
Guilty Death .
Recommended to mercy by the Jury .
612, 613. (2d M.) CATHERINE DUFFEY , spinster, and ELIZABETH DAVIS , spinster, were indicted for stealing a silver watch, value 12 l. a steel chain, value 6 s. a cornelian stone seal set in gold, value 40 s. a stone seal set in base metal, value 20 s. a pair of silver shoe buckles, value 12 s. a pair of knee buckles, value 4 s. a tortoiseshell tooth-pick case, value 2 s. a gold lace hat-band, with a silver buckle, value 6 s. three guineas, a four guinea piece, and 5 s. 9 d. in money, numbered , the property of Anthony Ball , Aug. 31st . *
Anthony Ball . I live in Southampton Buildings, No. 3. I am a gentleman , and live upon my fortune. On the 1st of September as I was coming from Vauxhall, between two and three in the morning, I met with the prisoners, about the Mews stables; Davis ran after me and asked me to go home with her; I offered her a shilling to see her bubbies: then we had a long conversation. I agreed to go home with her, and did. I and Davis went to bed, and the maid came and laid her head on the pillow; I put all my things under my pillow, thinking they could not take them away, during the time I lay there. I pretended to be asleep, though I was not; Davis, as she lay, reached her hand round to the things under the bolster, and took the things out of my pocket; I was angry at the maid's laying her head there, and bid her go about her business, but she said she was to stay there; then Davis got up, and went towards the door; I thought she would return; she came back and then the maid got up and took my things, I could not tell what they were; I thought they were things of their own; Davis put them in the maid's apron, and she carried them out: Davis came to bed again, but in three minutes, thinking I was asleep, she crept gently out of the bed, and went out of the room, and never came again; then I got up and missed my things; I went to the public house, and said I had been robbed, and sent for a constable; as the constable was coming, Davis's sister went into the room, and threw the case of the watch on the tester of the bed; they had pulled off the seals; it is a particular repeating watch, there are marks, enough on it to know it; I went with the constable and found Davis at breakfast at her sister's; I told the constable that was the woman; he seized her, upon which she dropped the tooth-pick case out of her hand, and the constable took it up.John Fielding 's. When I took Davis she slipped down the took-pick case on the floor, a man took it up and gave it me; I produced it at the Justice's, and the prosecutor swore to it.
Going home, between two and three o'clock in the morning, I met this gentleman, he gave me a shilling, and said he would go home with me: going by the Mews he pulled out his watch; I never saw it afterwards till now. When we came home, we went to bed; he wanted the maid to lie down on the bed; I told him that was not proper. I lay with him till seven in the morning; then he got up and turned over the clothes, and said he was robbed; I was surprized at it: he went to the drawers and took away a pocket book of mine. I never saw the colour of his money, but the shilling he gave me.
I was not in the room; I was turned out in the entry; I never saw the money or watch; I am as innocent as the child unborn.
DUFFEY, acquitted .
DAVIS, guilty . T .
614. (2d. M.) ELIZABETH LIMER , spinster, was indicted for stealing four linen shifts, three linen sheets, a plain muslin apron, three holland aprons, a Barcelona handkerchief, a lace cap, one striped cotton gown, a silk and muslin handkerchief, and a check apron , the property of Ann Evans , July, 27th . +
Ann Evans . I have known the prisoner from a child; she was washing at Mrs. Chamberlain's; I asked her to finish the cleaning of my room; for which I gave her 3 d. this happened just after the last sessions; when I came home to my room I found it had been robbed; I missed the things mentioned in the indictment; I lent her the keys of my room in order to clean it; she had my apron; I am sure it is mine, for my name is upon it.
Rachael Chamberlain . Mrs. Evans lodged at my house; I left her, at the time I wanted my room to be cleaned, the keys of the room over night for the prisoner, in order to clean the room; the prisoner returned the keys to me; the prisoner said before the Justice that she lent her the things; may she swore that Mrs. Evans should never have a rag of her things again.
Sarah Innis . I lodged with the prosecutrix; the day after the prisoner came and threw a bunch of keys into the prosecutrix's drawer: the prisoner was so far from saying that the apron was the apron Mrs. Evans lent her before the Justice, that she said, with an oath, that the prosecutrix, Mrs. Evans, should never have one rag of what belonged to her.
I never had any of the rest of the things; as to the apron, Mrs. Evans lent it me; I said so before the Justice.
She called one person to her character.
Guilty 10 d. W .
615. ( 2d. M.) SARAH WYNDHAM , widow, was indicted for stealing a cotton gown, value 5 s. a cotton bed gown, value 1 s. 6 d. and a laced handkerchief, value 6 d. the property of John Crome , Oct. 2d . ++
Mary Matthews . I am the wife of John Matthews , the mother of the child who had these things: on the 7th of July, about three or four o'clock, she went out with these things upon her; we found her missing, as we supposed taken from the door; about seven she was returned stripped; I enquired after the things; I traced them into the custody of a pawnbroker.
I know nothing about taking the things.
She called three witnesses to her character.
Guilty . T .
There was another indictment against her for a crime of the same kind.
617. (M.) ESTHER the wife of GEORGE BROWN was indicted for stealing a woman's linen riding shirt, value 3 s. a woman's net hood, value 2 s. a linen pocket filled with sundry pieces of linen cloth, value 8 s. and a quarter of a yard of thread lace, value 2 s. the property of Charles Smith , Aug. 31st . *
618. (M.) WILLIAM COX was indicted for stealing one Bank note, marked No. C 125, dated London, the 29th of May 1773, and signed by John Boult , for the Governor and Company of the Bank of England, value 100 l. one other Bank note, marked No. B 19, London, the 8th day of May, 1773, value 100 l. and one other Bank note, value 100 l. the property of John Kendrick , they being severally then due and unsatisfied, in the dwelling house of Dominique Carthelemi Delestrac , July 23 .
Second Count for stealing one watch with a silver case, value 3 l. one silk purse, value 2 d. one canvas bag, value 1 d. and 136 guineas, the property of John Kendrick , in the dwelling house of Dominique Carthelemi Delestrac . +
John Kendrick . I live in Oxford-street : I was robbed of three bank notes, of 100 l. each; I saw them last the 21st of July, between nine and ten in the morning; they were in my bureau in a drawer; I had an occasion to look at them because a friend of mine wanted to borrow some money of me; the bureau was in the dining room: I have lodgings up one-pair-of-stairs, the first floor.
Q. Is there a passage to go to your room without going through the shop?
Kendrick. Yes; it was often left on the latch.
Q. Which room was the bureau in?
Kendrick. The fore-room: there were three notes of 100 l. and about 130 guineas and the silver watch. When I came to London I was just come from France; I desired one Mr. Collier to take a draught to Mr. Child's, the banker, for 200 l. it was paid in two hundred pound back notes; he gave them to Mrs. Atkinson, his mistress, and she gave them to me; I had these notes several times in my hands: I am no great scholar, I can write my name, and know a little about figures. I did observe upon the back of one of the notes, close almost to the edge, there were some figures and writing, that in the midst of those figures and writing there was a figure of 3; I think I should know it again if I saw it.
Q. When did you miss those things?
Kendrick. The last time I saw them was Wednesday July the 21st: on Thursday and Friday, not wanting money, I did not go to my bureau; on Saturday I wanted some money; when I put the key into the bureau I found it unlocked; it startled me; I looked for my money; it was gone; I went to Collier, about eleven in the forenoon; I told Mr. Collier I had been robbed of a sum of money, particularly those two notes I took of Child the banker; Mr. Collier and I went to Mr. Child's; they gave me the number of the notes; I went to the Bank, to the Secretary's Office; I told him I had lost two notes of that number, and begged he would search the books to see if they were paid; he searched the books and said they were not; I begged if any such notes came that he would stop them; he said he would: I went to the Bank again in six or seven days, and asked Mr. Martin if they had either of these notes; I went and examined the books again, and there was one of the notes come in letter C 125; and he told me it was brought in by one Mr. Latimer. I told Mr. Martin I thought it was not good usage to pay it; I went and enquired for Mr. Latimer, who I found to be a man of reputation; I went down to Hammersmith to him; at last I found him; I asked him if he did not take a note a few days ago to the Bank and get it changed; he said he did; I asked him if he knew the number; he pulled out his pocket book and shewed me the number; I asked him how he came by it; he said he took it in part of payment for a draught at Lee and Ayton's, in Lombard-street; this was on Thursday. On Friday I went with a friend to Lee and Ayton's; I had their book examined; they took it of one Mr. Roebuck, a wholesale grocer; I went there; he took it of one Mr. Knapp, of Reading, in Berkshire; I took a post-chaise to Reading; I found Mr. Knapp; he took it of one Mr. White a neighbour of his; Mr. White took it of one Mr. Guy, a dealer in horses, at Reading;Philip Jones , a man lame with one hand, that I happened to know, that goes down to fairs to bring up horses for dealers. I came to London directly. I had frequently seen this Phil Jones -
Q. You are a considerable dealer in horses I believe?
Kendrick. I buy a great number; I furnish the court of France.
Q. Are you very sure that the two notes you received of Mr. Atkinson, as the produce of the draught of 200 l. were in your bureau?
Kendrick. Yes, I am sure of it.
Q. You say this room, where this bureau was, had a communication with the street, without going into the shop?
Kendrick. There is a passage without going through the shop to go up stairs.
Q. Did you use to lock this door when you went out?
Q. Did you find any violence committed to that lock?
Kendrick. No. I gave the key to the person that keeps the house to make the bed; I am sure I locked it on Wednesday, and had not been to it from Wednesday to Saturday.
Mrs. Atkinson. I live at the house of Mr. Delestrac, in Oxford-street.
Q. Do you know Mr. Kendrick?
Q. And Mr. Collier?
Atkinson. Yes; he is clerk to Mr. Kendrick.
Q. Did you at any time receive bank notes of Mr. Collier?
Atkinson. Yes, very often.
Q. Did you in the month of July last receive any particular notes?
Atkinson. Yes; two of Mr. Kendrick's, two or three days after he came from France; I saw the draught given to Mr. Collier; Mr. Kendrick gave me two single 100 l. notes; I put them into my bureau and delivered them to Mr. Kendrick.
William Gardner, one of the cashiers of the bank, produced a bank note.
Prosecutor. I think this is one of the notes taken out of the bureau; I know it by this figure of 3, and the other figures; I took particular notice of this when I had it several times in my hands in my own house.
Q. Where is the three?
Kendrick. Upon the back part of the note.
Q. Did you ever give any account of the 3 before you saw the note?
Kendrick. No; I was so confused I did not think of it.
Q. I fancy you have seen the note several times since?
Kendrick. I saw it once at the Bank.
Q. Did you mention to the Bank that you had seen this figure?
Kendrick. No, I did not.
Kendrick. No, I did not; I was so confused, and have been ever since, I did not know rightly what I did, loosing such a sum of money.
Q. Do you know when?
Collier. I did not take particular notice.
Q. Do you know what month it was in?
Collier. It was in June.
Q. Do you know who the draught was drawn upon?
Collier. Upon Mr. Gawler, to be paid at Mr. Child's; I went there and received two single hundred pound Bank notes, which I took home and delivered to Mrs. Atkinson; the notes I delivered to Mrs. Atkinson I received of Mr. Child; I witnessed the draught at Child's.
Q. There is some entry you make upon this occasion?
Q. What is the nature of that entry?
Devon. The person received of; Mess. Langford from yourself so much, and this note is in part of it.
Collier. This is my hand writing; this is the draught I received of Mr. Kendrick and carried
Smith I paid it in two single 100 l. notes; I have made the entry upon the draught which was made at the time I paid it: one of the notes is No. C 125, the other B 19, for 100 l. each; I paid it the 18th of June; this is the Bank note, and here is Mr. Devon's hand writing upon the back of it.
Q. It happens there are more notes of the same number?
Smith. It does happen so sometimes.
Court. And letters too?
Counsel for the crown. Had you in the shop at that time, or for any considerable time before, any note marked C, 125 for 100 l?
Smith. That I cannot be positive in; it might so happen, there might be a note of the same letter and number in the house at the same time; I have searched the books; the 17th and 18th the notes came in; there is no such note of the 17th or 18th came in.
Q. Were there two notes came in from Langford?
Smith. No, only that one.
Q. Is there any mark by which you know you took it of Lee and Ayton?
Latimore. I wrote my name upon it.
Q. Had you no other 100 l. note about that time?
William Gardner . I am a cashier in the Bank: this note was presented to me on the 29th of July for payment, by a person who wrote his name upon it, William Latimore ; I accordingly marked it, and wrote him a ticket for the money.
Q. You cannot I suppose recollect the person of Mr. Latimore?
Court. Is it very common to have Bank notes of the same number and the same letter?
Gardner. Yes, every day.
Devon. The particulars of the note C 125, the 29th of May for 100 l. was the note I received of Langford; that is in the entry.
Q. to Gardner. You know Mr. Boult is a cashier, is that his hand writing?
Gardner. I suppose it to be so, it was not regularly stopped; it was a cautionary stop upon a piece of paper which by some means was mislaid.
Court. Wherever it is stopped regularly there is always security given I believe?
Q. Has it been paid?
Gardner. Yes, it has.
Miles Saterthwaite . I am clerk to Mess. Lee, Ayton, and Co. bankers, in Lombard-street: I have taken a copy from our books at home of an entry I made myself, that on the 29th of July I paid 100 l. Bank note.
Court. I must have these books produced to see the original entries, though entered by this man it does not make a difference; as it is from the books that they take all sort of knowledge of these notes, therefore they are the best evidence.
Counsel for the crown. They can only be produced as memorandums to refresh his memory.
Court. Do they object on the other side?
Counsel for the prisoner. We do.
Court. He does not swear from his memory. but from seeing the books, the books must be produced. (The books of both the banker's shops are sent for).
Court to Gardner. I suppose you never issue the same number and the same letter the same day.
Gardner. Yes; we have several cash books, but there does not appear to be any one note of the same date, payable to the same person the same day.
Court. Can there be two of the same date, the same letter, and the same number?
Gardner. Through an error there might be but not in the course of business.
Q. Do not you recollect, Mr. Gardner, that such a thing may have happened?
Gardner. It is possible; I don't ever remember a mistake of that kind happening.
Q. How long have you been in the Bank?
Gardner. Almost thirty years.
John Roebuck . I paid this Bank note to Lee and Ayton, the 27th of July last; I received it of Mr. Knap of Reading.
Q. You have no mark upon it?
Roebuck. No; I did not take any account of it; I took it of that date; I took no other of that date but it.
Counsel for the crown. You paid the note you took of him to Lee and Ayton?
Roebuck. Yes; I had no other note.
William Knapp . I am a grocer and tea dealer at Reading; I paid a Bank note to Mr. Roebuck on the 27th of July; it was C 125, with a particular mark upon the paper to whom I did p ay it; the sum was 100 l. I received that note of Mr. White, of Reading, the 26th, and paid it away on Tuesday the 27th; this is the paper that I entered them upon at the time; this paper I filed at the time.
James White . Mr. Knapp gave me cash for this note the 26th of July; I received it of Mr. Guy, a horse dealer, that I do a good deal of business for; I had it about two hours before Mr. Knapp had it; it was never out of my pocket book from the time I received it, and I had no other 100 l. Bank note at that time.
Thomas Guy . I live at Reading; I received a 100 l. Bank note; I think upon the 24th of July; I paid it Mr. White; I had no other of that sum; I took no particular notice of the note. I received it of a man that bought a horse; I should know him I believe if I saw him; this is the man (pointing to William Claxton ) that I received it of. I sold Claxton a little grey mare poney, and a grey gelding; one Phil Jones was along with him: one was six guineas, the other fourteen. I gave him a 50 l. Bank bill, and the other in money.
Q. Have you any particulars of the 50 l. Bank note?
Guy. No; you will excuse me, I am no scholar; my man Marriot was by.
Guy. Yes; the note was paid in my own house.
Q. You had no other 100 l. note?
Q. Who was in company with him?
Holt. Old Phil, that is, Phil Jones ; Claxton was in company with Cox, the prisoner, down at the George; Claxton came running out to me, and asked me if the little grey mare would carry his brother, calling Cox his brother; Cox came out of the parlour with him at the time; I made answer I believe it will, he does not seem to be deadly heavy; Cox said come along, come along into dinner; I saw no more after that; I showed the horses; after they had seen them, Mr. Claxton and this Phil Jones went together into the house to deal for them; my master gave him a 50 l. Bank note I believe, and the rest in cash; I do not know what their note was for; I saw all the change told out; I cannot tell the exact sum. After he had bought these horses (it is a general rule for the servant to have something) I went into the house and asked for something; Claxton gave me 2 s. then I put two halters upon them, and delivered the horses to Phil Jones .
Q. Was Cox by at that time?
Holt. No; he was down at the George; the horses were sold at our own house.
Q. Do you know Claxton?
Jones. I have known him two or three and twenty years; he came to me at Reading, in the horse fair, and said he wanted to buy a horse or two to carry himself. I went down with him to the George, and saw Cox with him there; I said one is but a little one; Cox said will he carry me; I said yes; Cox bid Claxton go along with me and try to buy him; Claxton bought him; I saw him pay for that and the grey mare; Guy and Claxton went into the parlour; Claxton gave him the 100 l. note; Guy went into the kitchen, and brought change for it into the parlour again; he gave him a 50 l. Bank note, and 29 l. in cash; Claxton shewed me the note, it was for 100 l. before he saw the horses. I rode the horse all the way to London by the order of Claxton; I took the horse to the King's Arms on the 25th; I fetched him away the 28th, about twelve o'clock, Claxton took a stable; I took the horse there; he had it advertised; on Thursday the 29th it was sold. I never saw Cox but one morning at Claxton's house, either on the Monday or Tuesday after I came back from Reading.
Q. Was there any talk about buying another horse?
Q. Was Cox there?
Jones. Yes; after we had diped Claxton laughed and said we have got another 100 l. note to change.
Q. Did you dine there?
Q. What was the expression Claxton made use of to you about another 100 l. note?
Jones. He said he had another 100 l. to change.
Court. Did he say we or I?
Jones. Claxton said we have another 100 l. to change.
Q. Did you make any observation to them about having the change of the first?
Q. Three horses were bought?
Q. Cox was not by at the purchasing of either of them?
Jones. No, he was not at all.
Q. You say Claxton talked he had more money to lay out, did he say I, or we?
Jones. He said we have got.
Q. You said just now his expression was I have got another 100 l. note?
Jones. He said we.
William Claxton . I have known Cox between two and three years; I think it was yesterday was seven weeks, I am no scholar, I was at the three Tuns in New-street Shoe-lane, by where I work; I saw Cox going by; he had been there before with me; I spoke to him; he asked me if I would go to Bristol along with him; he had asked me to do that before; I said it would be very expensive to go there, and I could not very well afford it; he said if you will go, I will pay your expences; I said it would be very dear; he said he would have a post-chaise; I agreed to go with him; he said he had got a 100 l. bank note; he took it out and gave it me into my hands; I agreed to go, I think as the next day; I kept the note in my custody; we set out next day, and went from the White Horse, in or near Grey's-inn-lane; it was about six in the afternoon that he came, on a Friday; we went from the White Horse in a post-chaise to Hounslow; we set out about three o'clock in the afternoon; from there we went to Maiden-head; we got to Reading the next morning between ten and eleven o'clock; we intended to stop there; seeing a fair there we proposed to buy horses; Cox said he was going to Bristol to see his uncle. We put up at the George at Reading; sitting in the parlour, I said to Cox, here is a horse fair I believe; I asked the man belonging to the inn whether there was not a fair; he said there would be on Monday; I went out and saw one Phil Jones there; I gave him 6 d. to drink; I said you are a judge of a horse, if you can buy one or two worth the money, buy them; he said he would; for I had mentioned to Cox, when I saw the horses, that he might buy some horses; he said he would as soon lay his money out in horses as any thing else, if bought worth the money; Phil Jones came and said, he had got a little horse, and a grey mare, and came and took me to look at them; I went to Mr. Guy, and gave him 100 l. note for them.
Q. Was the 100 l. note you gave to Guy, the same you received of Cox?
Claxton. Yes, I had no other; I gave the change to Cox; I left Jones to bring the horses; I sold one of the horses for Cox.
Q. How long might it be afterwards?
Claxton. He told me to sell the horse as well as I could.
Q. What did you sell the horse for?
Claxton. Fourteen guineas.
Q. What was the note taken in exchange?
Claxton. A 50 l. note; I took the 50 l. note to the Bank, and had it changed; Cox gave it me; I gave the change to Cox; I believe he bid me bring a 10 l. and a 20 l. note, and the rest in cash; I either brought it so, or all in cash; I cannot tell.
Q. Who were the notes made payable to?
Claxton. Me; I paid it all into the hands of Cox.
Q. What are you?
Claxton. A printer.
Q. In what branch?
Claxton. A pressman.
Q. Did you buy the horses before or after dinner?
Claxton. I cannot say rightly; I believe before dinner.
Q. Did you pay the money for them before you parted with Guy, or was there any haggling?
Claxton. He never was far from me.
Q. You bought the horses?
Q. The bargain was made before Cox and you had said any thing about them?
Q. Cox was not present when you paid the money?
Claxton. No; I paid it in Guy's parlour.
Court. Where do you work?
Claxton. At the King's Printing Office.
Q. And then he delivered the bill to you?
Q. How came he to deliver the bill to you; did he mistrust himself?
Claxton. He delivered it to me then, and bid me be sure to go.
Claxton. I have bought a horse or two of him.
Q. Have you bought many?
Claxton. Perhaps four or five.
Q. Did you use them yourself?
Claxton. I let them out, and rid them myself now and then. I met Jones, he asked me if I wanted a good tight horse.
Claxton. Cox bid me, if I could buy a poney for him; Phil Jones came into the house, when Cox, and I were together, and said there was a pretty poney to sell; Phil Jones said it would hurt this grey horse to ride him to Bristol, and I persuaded Cox to come back again.
Q. What became of the little grey poney?
Q. You bought the grey horse; did you buy it upon your own risque?
Claxton. No; I bought a black one about an hour or two after that, upon my own risque.
Q. Out of the same money?
Q. Had you money besides this 100 l. sufficient to pay for this horse?
Claxton. I had seven or eight guineas; I would hardly set out on a journey without some money.
Q. You said you could not go; you could not afford it?
Claxton. I could not afford to lay out all my money.
Q. Had you money enough to pay for it?
Claxton. I think it cost 9 l. or nine guineas; I paid it out of my own money, all but about two guineas.
Q. Did you ask Cox for that two guineas?
Q. Had you the money in your pocket, or had you returned it to Cox?
Claxton. I had returned it; but had two or three guineas of Cox's in my pocket, notwithstanding that; besides the 100 l. note.
Q. When had you the other two or three guineas?
Claxton. When we set out.
Q. Where did Cox deliver to you the two or three guineas?
Claxton. When we set out at first of all; sometimes I paid the reckoning.
Q. Did you buy the grey horse for Cox?
Q. Who took the stable for him?
Claxton. I took the stable, I took it for myself; I bought it to put my horse in; the grey horse was put there to be sold according to an advertisements.
Q. Was the grey horse there?
Q. And the black horse?
Claxton. No; it was at the Bull at Hatton Wall, I put it there while Cox had sold this horse.
Q. How came you to take a stable in your own name to put Cox's horse in?
Claxton. I thought it was better to be sold there, than in a livery stable.
Q. to Jones. Did not you see Claxton take a stable for the horses himself?
Jones. He said he had taken a stable that was in Hat and Tun Yard; the grey horse went there; it was a little stable would hold but one horse.
Q. Did you see Cox afterwards in London?
Jones. I saw him at breakfast in Claxton's house once.
Q. How came you not to go in Bristol according to your original plan?
Q. from the Jury. When you received this 100 l. note from Cox, did you give him any promissory note to return, or be accountable for it?
Q. You looked upon it to be his?
Q. He promised to bear your expences?
The books of both Mr. Child, and Mess. Lee and Ayton's shop were produced, and from them it appeared the note Mr. Saterthwatle paid Mr. Latimore, was the same that Mr. Golyer received from Mr Devon.
Q. Do you know Claxton?
Taylor. He has used my house by working at the King's Printing Office.
Q. How long has he worked there?
Taylor. Before I kept that house, which is a twelve-month.
Q. Has he been a diligent man in his business?
Taylor. Very diligent as far as I have heard of.
Q. Do you know Cox?
Taylor. I have seen him three or four times with Claxton at my house.
Q. Do you know when Cox was taken up?
Taylor. I saw it in the newspaper?
Q. Was he at your house any time before he was taken up?
Taylor. Yes; I have seen him four or five times.
Q. Did you see him in July?
Taylor. I believe I did, but did not take any particular notice; he has been there and sent for Claxton from the Printing Office. I remember his being in company with him for an hour or two before Cox was taken up; they were in very private conversation in a box in the tap room by themselves.
Edward Fisher . Cox and Claxton came to my mistress's house, the 23d of July, and hired a chaise, a Friday I believe it was; I drove them to Mr. Day's, the Queen's Head at Hounslow; I heard them give orders to go to Maiden-headbridge. The chaise was hired between one and two.
Q. What is that bit of paper from which you gave the account?
Warren. I brought it from the Bank book; I made the entry, and filled up the note at the time of delivering the notes.
Q. When did you make that extract?
Warren. The other day.
Counsel for the prisoner. My Lord, That is liable to the same objection.
Court. I think not; considering the nature of the Bank, and how necessary it is every moment to want to refer to books, in cases of public companies, where the books are necessary for all the world to have recourse to, it alters the case.
Q. Did you fill up these notes?
Warren. I cannot tell, I shall know if I should see them; I am told they are in Court; I do suppose I did.
John Morgan . I am a constable: when Cox was taken up I was sent for to the Blue Boat Inn, in Holborn; the man put this warrant in my hand, and desired me to search his lodging; I knew where he lodged, at his uncle's, just in the neighbourhood with his uncle, a room up one-pair-of-stairs.
Q. Between them both?
Morgan. It was the old man's room, but he used to make it his home. I found these six notes upon his uncle, one West; two of them are in the name of Claxton. (The last witness looks at them.)
Warren. These are my filling up; here is one 20 l. and one 10 l. No. 8 the 20 l. No. 9 the 10 l.
My Lord, on the 23d of July last I came to Mr. Claxton's house; he asked me to sit down and have some breakfast; he said he was going to a sale to buy some trunks; I was to have one for 13 s. he had bought some; I sat down a little while; at last he asked me whether I would go down with him as far as Reading; I said yes; I said I did not know how to go because
Morgan. The uncle (West) before the Justice said he had some of them by him three years.
Q. Did Claxton ever lodge there?
Q. to the prosecutor. Where do you lodge?
Q. Is she a married woman?
Q. What is her husband's name?
Prosecutor. Dominique Delestrac.
Counsel for the prisoner. He is abroad I believe?
Prosecutor. Yes. I do not know the name of the husband with certainty.
Mrs. Delestrac was sent for, she being a French woman, and not being able to speak English, an interpreter was sworn.
Q. Are you a married woman, and what is your husband's name?
Delestrac. I was married the 4th of February 1766, in Paris: my husband's name is Dominique Delestrac; he is living, and under the employ of his Majesty in France, My husband has been two years in England; it is about eight year since he went abroad.
Q. Was the gentleman's door kept locked in general?
Delestrac. Yes; the gentleman always gave me the key, and I never let any one have it but an old faithful servant whom I could trust with it.
Guilty . Death .
Note, This prisoner has been been tried a great number of times.
619. (M.) FRANCIS TALBOT was indicted for breaking and entering the dwelling-house of William Ewer , Esq ; on the 1st of April , about the hour of one in the night; and stealing four pair of silver candlesticks, value 33 l. a pair of steel snuffers with silver handles, value 5 s. a silver snuffer dish, value 10 s. four pair of silver sash, value 3 l. 13 s, four silver salt spoons, value 5 s. 2, silver sugar baskets, value 30 s. a silver strainer, value 8 s. four large silver waiters, value 25 l. six small silver waiters, value 10 l. a silver bread basket, value 10 l. 1 silver cruet stand, value 7 l. a silver coffee pot, value 6 l. a large silver cup and cover, value 9 l. a silver sauce boat, value 3 l. 16 s. a silver saucepan, value 40 s. a silver cross stand for a dish, value 4 l. two silver ragout spoons, value 40 s. a silver sauce ladle, value 32 s four silver sauce spoons, value 48 s. seven silver table spoons, value 56 s. eleven silver three prong forks, value 2 l. a silver desert spoon, value 4 s. a silver tea spoon, value 1 s. 60. a gold watch, value 5 l. forty gold mourning rings, value 20 l. &c. a silver hilted sword, value 40 s. the property of the said William in his dwelling-house . *
John Matthews . Mr. Ewer lives at No. 17 in Lincolns-Inn-Fields , his house was broke open on Friday, morning the 2d of April; my master was the last up over night; I believe I was last except him; the windows were all fastened, we could not recollect who fastened them that night; I let down the curtains between 7 and 8 o'clock.
Q. Don't you know who fastened the windows?
Matthews. No; I believe they were fastened, because I saw the bars; up and the curtains down in the morning.
Q. Who got up first in the morning?
Matthews. My fellow servant was the first person that came down. I came down about 7, it was light then; when I came down I saw two bureaus in my master's study broke open, and the drawers were out; the papers were thrown all about, and there were drops of a candle about the room; one of the window shutters was wrenched open, and the sash put up; my master had a gold watch hung over the glass of the bureau between the windows; that was taken away, it was there over night.
Q. How do you know your master did not take it up in his pocket?
Matthews. My master had two watches, and he never took that; I heard my master say they had taken some money that was in that bureau; in the other bureau there was a number of rings; I had the care of the plate, I locked it up between 10 and 11 o'clock after supper in a plate box in the pantry, and hung the key on a little nail under a shelf in the pantry; I locked the pantry door and took the key in my pocket;
Q. What reason have you to charge the prisoner?
Matthews. On Clarke's information: this knife (producing it) I used to cut brawn with, and that iron skewer (producing it) are my master's property.
Ann Roberts . I am servant to Mr. Ewer; I was first up in the morning after the robbery; when I came down stairs I saw the door open; I went into the fore yard and saw the gate coming into the yard broke open; it hung on one hinge; I went to open the windows of the study, and found a window open, it looks backwards; the lower shutter was broke open; it was loose from the hinges and the bar up; I found both the bureaus broke open, and all my master's papers thrown about; the things were all in confusion, and a good deal of tallow grease was dropt about the room; upon that I went and called my fellow servant Matthews.
Edward Clarke . I live at No. 10. in Golden-Lane, Cripplegate Parish; there is a Jew lives at my house, they call his name Solomon; who is the man that received this plate. I think it was the second of April in the morning, a man came into the street and called Clarke, and this Jew that lodged backwards jump'd out of bed, as my wife did likewise; and the Jew said it is no body to you, I will go down; my wife went to the window and saw the prisoner at the bar; it was quite day light; my wife is here; I did not see the prisoner then: Solomon and his wife went out and they went away together; between five and six o'clock as I was getting up, somebody knocked very hard at the door; I went down half dressed, I opened the door and Solomon the Jew and his wife came in; Solomon put his hand in his breeches pocket and gave his wife about forty or fifty enamelled gold rings, and two gold watch cases; she went up stairs into the chamber with them; Solomon stopped in the shop, and presently after a man came in with a deal box and went up into Solomon's room with it; I went up into the shop to get some sticks and shavings to make a fire with, and Solomon called me down (the man was then gone) and he asked me to fetch him a bushel of charcoal; when I came with the charcoal I saw the box opened, and it was full of plate mixed with horse dung; I told him I did not like it; he said it was nothing to me, he dealt in plate: there were six or seven waiters large and small, several pair of silver candlesticks of different patterns, one was a sort of a common brass pattern.
Matthews. There was one pair different from the other, and three pair alike; one pair the corners were rather sharp, the three pair were round; they had loose nossels and a little engraving on the foot and in the cup of the nossel.
Clarke. They bid me take hold of one of the candlesticks and see if it would make a good shew in a beaufet; there was a silver cross for a table, an old fashion'd two handled cup, and an old fashion'd coffee-pot: the Jew sent his wife out and she return'd in an hour with an iron mould for an in got and an old man they called Boucher a Jew; they made a charcoal fire and melted all day in Solomon's room; and in the evening of the same day the prisoner came and had ten or eleven guineas, I cannot say which; and he came daily for the money for it; the reason I know it, Solomon sent for some gin, and asked me and my wife to drink, and so I saw it; Solomon told me in the whole he paid 130 guineas for it; I saw him take money at different times, a great many guineas; they came continually; the prisoner's hand was wounded, he said it was in attempting to break open the chest, but he found the way at last.
Matthews. There was a good deal of blood in the closet and on the plate box.
Clarke. The prisoner said they tried a large iron skewer, but it would not open the box; but at last they found the key, carried the plate out, and hid it in the horse dung behind the house, till they could get a coach to take it away; the Jew shewed me a 20 l. bank note payable to Mr. Ewer or bearer, and said he bought it with the plate; he wanted me to go with him to a tradesman to buy some chairs; I told him I would not be seen in such dirty work. I made a discovery of it to Sir John Fielding , and he sent for Mr. Ewer.
Q. From the prisoner. Whether or no he ever saw my hand cut, or I was in his house?
Clarke. Yes, I did.
Q. From the prisoner. Why he did not discover it when I went into his house?
Clarke. There were two or three cutlasses at a time lay in the Jew's room; and I was afraid he would murder us all, if we ever made a discovery; they were never without cutlasses and pistols about them.
John Fielding ?
Clarke. About a week after; I said the same I have told now.
Q. From the Jury. You say Solomon paid 130 l. did he pay it to the prisoner?
Clarke. Yes, the prisoner received it.
Q. Did you ever see the prisoner come before?
Clarke. No, not before the robbery, but frequently after.
Susanna Clarke . I am wife to the last witness; I know the prisoner; he came to our house on a Friday morning in April, between four and five; he called Clarke, but said he wanted Barnard Solomon ; I saw him in the street; it was quite light; I had seen him once before; I went into bed directly; Solomon and his wife went out; I saw the prisoner in the evening in Solomon's room: I was in the room; I had been for half a pint of gin; they made me drink with them; Barnard Solomon was melting the plate; the prisoner and Solomon and his wife were in the room; Solomon said he had not much money, he would give him what he had, and give him the rest when he had sold the plate; he gave him ten or eleven guineas, I do not know which; he staid about half an hour, it was about eight o'clock.
John Colby . I have known the prisoner about three years. On the 1st or 2d of April, I cannot say which, Lyon, Peal, the prisoner, and myself, set out from a house in Gravel-lane, and went up the back way to Mr. Ewer's; there was a cart stood at the back door: the front of the house is in Lincoln's-inn-fields; the back part in Western's Park, at the back of the Bull and Gate. We got upon the cart and got over the wall into the yard; on the other side there was a cistern, or dust hole, that we got upon; Lyons went in first; I went in afterwards; Lyons got over the area, put up the sash, and then put his hand on the rails, and pushed open the shutters and got in. Talbot was on the outside of the house, the corner of the park, I believe, to watch if any body was coming; there was no house we could get over to but this; Lyons proposed to get over; Peal bid Talbot go to the corner of the Park, and see the watchman did not come round upon us unawares; we got over first and came back again; we could not get the back door open; Peal took an iron and wrenched the lock off; Lyons shoved the shutters of the back window into the middle of the room; Lyons handed me out a Bank note out of the house; we took several pieces; there was a watch, a cross stand for a dish, several waiters, a small saucepan, candlesticks, and other things; there was a crest upon the plate; I believe a serpent winding round something; there were several spoons. Lyons cut his finger with taking the things out; the prisoner was never in the house; he had lost the use of his limbs, and said he would not go into the house; somebody brought me an apron and we put the things in it. The plate was put in some dung till they went and fetched the coach. When we came out Talbot was at the upper end of Wheston Park; he was waiting there till we came out; Peal and Talbot fetched the coach and put the plate in it; Peal and Talbot went into the coach; Lyon and I went home directly to bed; the next morning I was taken up, and when I was cleared before Sir John, three days after I saw the prisoner in Gravel-lane. The money the plate was sold for was divided among us at different times; I believe I had about thirty guineas of it; I was not at Solomon's with them. Talbot and I were at variance after I came out of gaol because he did not come to see me in gaol.
Q. Is Lyons like Talbot?
Colby. No, very different; he is a shorter person. I think I saw the prisoner after we came out of the house, helping Peal with the things into the coach; I was so overjoyed there was so much of it I did not take much notice.
Q. Did you take notice of the bank note?
Colby. No; it was sold to Solomon for 7 l.
Q. You never was at Solomon's yourself?
Q. How do you know who the man was that carried it to Solomon's?
Colby. Peal told me he carried it to his own house first, and put it in a box.
Q. You do not know of your own knowledge which of the three carried it to Solomon's?
Colby. No; Lyons and I went home as soon as it was put into the coach.
I do not know more of it than a new born baby; I have been had down three times to be tried.
Q. to Matthews. Was there any cart at the back part of the house in the morning?
Q. from the jury. Does the dust place and shutters answer the same description?
Guilty . Death .
See Lyons, Peal and Colby, tried for this burglary, No. 411, &c. last sessions.
620. (2d. M.) ANN FOXLEY was indicted for stealing two yards of velveret, value 12 s. five yards and a half of serge, value 5 s. three yards and a half of shalloon, value 6 s. and six odd pieces of cloth, the property of John Pike , a cloth coat, value 2 s. the property of Thomas Smith , and a cloth waistcoat, value 1 s. the property of John Jeffrys , July 10th . +
John Pike . I am a coachmaker in Long-acre ; the prisoner used to work for me in making the inside of coaches; on the 10th of July last, between nine and ten in the evening, I saw her carrying away several things in her lap; I stopped them and took them from her; they are the same as mentioned in the indictment; they are my property, all but the coat and waistcoat, which belong to other people.
I have nothing to say: I think I had not all the things, but will not venture to say upon my oath I had not; it is my first offence.
Prosecutor. Her father is a very industrious honest man: I shall be much obliged to the court to shew her favour.
Guilty. 10 d. W .
622. (2d. M.) MICHAEL BRIEN was indicted for stealing a silver watch, value 40 s. a brass key, value 1 d. a stone seal, value 1 d. a pair of silver shoe buckles, value 10 s. a pair of men's leather pumps, value 3 s. and a half guinea, the property of William Sangrove , in the dwelling house of Robert Kenyon , Aug. 20 . *
William Sangrove . I live in Hustings-court, Ratchiff-highway . On the 20th of August, between twelve and one in the night, I lost a silver watch, a pair of silver buckles, half a guinea in money, and a pair of leather pumps: the prisoner lay with me the night of the robbery; he got up in the morning and left me asleep; I knew nothing of it till the watchman found the door open, and waked me; then I missed them; he had nothing upon him when he was taken; the watch was found at one Mr. Green's; the Justice bid him confess where the things were, and he confessed they were worth about 3 l. 5 s.
Robert Kenyon . The prisoner lay with the last witness the 9th of August; he got up and opened the door a quarter before one; I followed him; Sangrove had the watch and buckles before he went to bed; the watchman came and told me at one o'clock the door was open; I did not see the prisoner go out; I was not present when he was taken up, but when before the public Justice I heard him say the watch was at the pawnbroker's, in the Minories, and described the place where Green the pawnbroker lives.
Prosecutor. It is mine; the prisoner when taken up described the house where he pawned it at.
The prosecutor gave it me to pawn.
Prosecutor. It is entirely false.
Guilty 39 s. T .
John Jones Worley . On the 16th of August I was asleep in Tottenham-court-road , between St. Giles's Church and Hog-lane; when I awaked I missed my buckles; I saw two girls; I took them up on suspicion to the Round-house; I fell asleep at the Round-house about
The Round-house keeper confirmed this evidence.
Guilty . T .
The prosecutor who is a carpenter , deposed, that he lost the tools mentioned in the indictment from a building upon which he was at work.
The prisoner, in his defence, said he lent one John Smith twelve or thirteen shillings upon the tools.
He called - Woodward, who said he was at a public house in Bishopsgate street, and saw the prisoner lend a shabby man twelve or thirteen shillings upon some tools; he called other witnesses to her character.
As the only witness to the prisoner's identity could not be certain that he was the same person that had been formerly transported, he was Acquitted .
Thomas Grear , Thomas Younger , Thomas Plunket , William Emes , Joseph Holmes , Maurice Murray , and John Lennard , capitally convicted last sessions, were executed at Tyburn on the 11th of August: the rest were respited during his Majesty's pleasure.
The Trials being ended, the Court proceeded to give judgment as follows:
Received Sentence of Death, 15.
John Sterling , Thomas Ashby , Edward Lunday Macdaniel , Philip Short , William Williams alias M'Kensie, Francis Simberlen alias Simbrell, George Brown , James Devereux , William Hinds , William Cox , Samuel Marriot , Emanuel Peal , Robert Walker , Francis Talbot and Elizabeth Herring .
Transportation for seven years, 40.
John Enwood , Edward Newman , Ann Austin , Mary Warndall , Timothy Bray , William Middleton , Christopher Johnson , Margaret Ward , William Davis , Francis Norris , Joseph Butler , Alexander Dunning , Mary Hussey , Catherine Hogg , Nathan Cooke , Matthew Hart , William Obrien , John Beck , John Simons alias Simmons, Michael Bryant , Elizabeth Hyatt , Elizabeth Davis , Mary Burnham , Elizabeth M'Daniel , Ann Grear , Mary Smith , Andrew Brown , James Scarborough , John Kirk , Ann Brown , Robert Broad , Thomas Price , Ann Allam , William Davidson , Jane Seaman , Mary Abbott , Thomas Milson , Robert Dales , William Fanjoy , Mary Gould .
Thomas Grear , Thomas Younger , Thomas Plunket , William Emes , Joseph Holmes , Maurice Murray , and John Lennard , capitally convicted last sessions, were executed at Tyburn on the 11th of August: the rest were respited during his Majesty's pleasure.
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c And Teaches the ART of SHORT HAND upon reasonable Terms.
Of whom may be bad, the eighth Edition, of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c. And Teaches the ART of SHORT HAND upon reasonable Terms.
Of whom may be had, the eighth Edition of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.
Takes down TRIALS at LAW, PLEADINGS, DEBATES, &c And Teaches the ART of SHORT HAND upon reasonable Terms.
Of whom may be had, the eighth Edition of BRACHYGRAPHY or SHORT WRITING, Made easy to the meanest Capacity, Price bound 8 s.