NUMBER VI. PART I.
Printed for J. WILLIAMS, No. 39, in Fleet Street,
King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.
BEFORE the Right Honourable FREDERICK BULL , Lord Mayor of the City of London; the Honourable EDWARD WILLES , Esq; 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 ++; 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.) London Jury. (M.) First Middlesex Jury. (2d M.) Second Middlesex Jury.
First Middlesex Jury.
Second Middlesex Jury.
JOHN MATTSHAM otherwise MATCHEM was indicted, for that he in a certain field and open place near the king's highway, on Frederick William Lynken , did make an assault, putting him in corporal fear and danger of his life, and taking from his person, a guinea, a quarter of a guinea, and nine shillings in money numbered, the property of the said Frederick , June the 7th . *
John Frederick Lynken . Some of my fellow servants and I took a walk to Chelsea on the 7th of June; we went over the Five Fields; this man (Fiedelle) and the hussar said they would meet us there; we returned after ten o'clock; the postilion went away about an hour after we came there, he said he would go, for perhaps something would be wanted; I went home with Fiedelle; when we came to the last field but one behind Hyde-park Hospital three fellows surrounded us, fired a pistol and demanded my money; I said you shall have all I have, do not use me ill; I put my hand in my pocket where I had all my money, and gave them every farthing I had, which was about twenty six or twenty eight shillings; there were half a guinea, a quarter of a guinea, and the rest was in shillings and sixpences.
Q. Who did you give your money to?
Lynken. That I cannot say; whether this man or the other; there were three men; they knocked me down; I said pray do not use me ill; I am a servant , I have no more; I will give you my clothes and all, pray do not use me ill; they felt my pockets.
Q. Who were the three men?
Lynken. This man (Matchem) was one.
Q. You say they searched you, what did they feel for?
Lynken. That I cannot say; they felt in my breeches pocket in particular.
Q. Were there several people about?
Lynken. I only saw these three.
Q. Are you sure that this Mr. Matchem was one of them?
Lynken. I am certainly sure, but whether he was the man or no I gave the money to I cannot say.
Q. Was you at all ill used by them?
Lynken. They cut my head behind with a cutlass in several places, and they knocked my eye almost out; I had a great wound behind; Mr. Bromfield put something to dress it, and Mr. Hallifax dressed the wound; they knocked a piece out of my face.
Counsel. Considering all things, can you take upon you to say that Mr. Matchem was one of the persons?
Lynken. He was; but whether I gave the money to him or not I cannot say.
Counsel. I give you fair notice, I have instructions that you will be contradicted; was he one of the men or not?
Lynken. He was one of the men, but whether I gave the money to him or not I cannot say; I said to Fiedelle, we have been ill used, let us go home; then we saw the footpads that robbed us, running towards Hyde-park corner.
Q. Do you suppose Matchem was one of them?
Lynken. He was one of them.
Q. When they ran away did they get out of your sight?
Lynken. There was a style about ten steps off; when they got over that we could not see them further.
Q. Did you see him afterwards when apprehended?
Lynken. This very man (Matchem) was one of them; a person told me a man had just passed with a woman; says he, he seems like one of these men; soon after I saw a man and woman walking before me; they seemed very earnest looking behind them; at last the woman made a stop, and cried out in a fright, what is the matter? to the best of my knowledge she spoke some German words, or I should not have found her out; I said we have been robbed, and murdered almost; this man (Matchem) spoke to the woman; we went on and overtook him opposite Lord March's house.
Q. Was you immediately sure that he was one of them, or did you take any time to recollect?
Lynken. There were two together, but this man laid hold first; I looked at him and said I am sure that is the man.
Q. What condition was he in?
Lynken. Trembling and pale: the woman said she saw blood upon his waistcoat, which I did not see.
Q. You have seen the prisoner several times, have you had any occasion to doubt since?
Lynken. No, nothing at all; the only doubt I have had is, I am not sure whether he is the man I gave the money to, but that he was there I am sure.
Q. At what time do you suppose it was you was robbed?
Q. What time did you get home?
Lynken. As I took this man I called out for the watch; there was no watch to be got; I said do you know any body in this neighbourhood? he said he knew one Mr. Crosby; I said I know such a gentleman, you shall come with me to Mr. Crosby; we went there; he was gone to bed, but the watchman called him; Mr. Crosby he said he would be answerable for all.
Q. You have seen Mr. Matchem since several times?
Lynken. Yes, I have.
Q. And are still of the same opinion?
Q. What time did you come from the Queen's Head at Chelsea?
Lynken. At ten o'clock; it might be a few minutes after.
Q. How long was it before you was robbed?
Lynken. I generally go in about thirty five or forty minutes in the day time from our house to the Queen's Head.
Q. Can you tell how long you was going from the Queen's Head, to the place where you was robbed?
Lynken. It might be half an hour; we did not go very fast.
Q. Did you always say it was so late as half after ten?
Lynken. It was between ten and eleven, to a minute I cannot say.
Q. Did not you first declare it was about ten, within ten minutes after?
Lynken. No, it was between ten and eleven.
Q. Did you never express doubts about Mr. Matchem being the person?
Lynken. I never expressed any doubts; I always said he was one of the men, but I was not sure whether he was the man that I gave my money to.
Q. Have not you positively declared he was not one of the persons?
Lynken. No, to nobody; I have told many people that I doubted whether he is the man I gave the money to, but I had no doubt in the least that he is one of them.
Q. I ask you whether you have not declared that he is not the man that you gave the money to, but that he is one of the persons that run away? have not you declared he is not the person that knocked you down, nor the person that took your money?
Lynken. No, only that I was doubtful whether he was the man that took the money.
Q. Have not you declared that you was doubtful whether he was one of the persons that were there?
Q. You had some conversation with Mr. Crosby?
Q. You never expressed any doubt to Mr. Crosby?
Lynken. No, only the doubt I expressed now.
Q. Did you express any doubt to Mr. Stamford?
Lynken. I do not know Mr. Stamford.
Q. This was the 7th of June?
Q. What day of the week?
Q. Did you see Mr. Matchem on the Wednesday morning?
Lynken. I did not see him then.
Q. Do you know how many times Mr. Matchem might be at Lord Egremont's on Wednesday?
Lynken. I saw him no further till Thursday afternoon.
Q. Do you mean to say you did not see him on Wednesday?
Q. You mentioned some young woman, what is her name?
Lynken. I do not know.
Q. She was not with you at the time of the robbery, but I understand there were four of you at the Queen's head?
Q. Who is the young woman?
Lynken. Ladies maid to a lady in Ireland.
Q. What is her name?
Lynken. I do not know.
Q. What lady is she maid to?
Lynken. One Mrs. Mackey.
Q. I understand the butler and that maid went away with you?
Lynken. No, the hussar and this young woman were together.
Q. I understand there were but four in all?
Lynken. Four men and this woman; the butler went away by himself.
Lynken. He staid about an hour, or an hour and an half.
Q. What time did he go away?
Lynken. A good while before us.
Q. How long did the hussar and the young woman go away before you set off?
Lynken. Only a minute or two; I was only speaking to the landlord.
Q. Then you and Fiedelle went away in company?
Q. The young woman and hussar were gone but a minute before you, how came it you did not overtake them?
Lynken. We did not know which road they were gone.
Q. I suppose the hussar and the young woman, hardly walked faster than you; you might soon have overtaken them?
Lynken. If we knew which way they had gone.
Q. You saw nothing of them that night?
Q. There was nobody in company but you and Fiedelle which were robbed?
Q. Did you see any body besides the three persons that robbed you?
Q. Was there no person in sight?
Q. Was it in the last field?
Lynken. There is a new building, there is a style, it was in a field.
Q. Which part of the field?
Lynken. About twenty steps from the style.
Q. Was it nearer the style or nearer the hospital?
Lynken. Nearer the hospital.
Q. When you got over the style did you see any company walking?
Lynken. I saw nobody.
Questions by the Court.
Q. This was about half after ten at night, was it?
Lynken. To the best of my knowledge it was between ten and eleven; I cannot say to a minute.
Q. Was it moon light?
Lynken. It was a clear night, but not moon light.
Q. You had been at skittles, was you in liquor at all?
Lynken. Not at all.
Q. How long had you been there?
Lynken. We went from home between six and seven.
Q. You staid there about three hours and a half, what liquor had you there?
Lynken. Four pots of beer, in my opinion, all together at the skittle ground.
Q. Was the ladies maid with you all the time?
Q. How came she to be of the party at skittles?
Lynken. She did not play, she was only in the company at the time.
Q. Who was her particular friend?
Lynken. The huffar; he knew her at Lyons.
Q. Who went home with her first?
Lynken. The hussar.
Q. Now I should be glad to know, because you swear positively to the person of the prisoner, was it that man that fired the pistol or any other?
Lynken. They came all sudden upon us.
Q. Was it that man that fired the pistol or not?
Lynken. I cannot say that, he was there.
Q. I must know the parts the several persons took in this affair; if you do not tell me that I shall not pay much regard to your certainty as to his person; was that the man that fired?
Lynken. I cannot say.
Q. If you are certain in one thing you should be certain in another; upon recollection can you tell the man that fired the pistol?
Q. Who demanded your money?
Lynken. All three: there were two fellows in dark coloured clothes; they used me very ill, and this man with them.
Q. Had the prisoner dark or light coloured clothes on?
Q. Then you swear the prisoner was the man in light clothes?
Q. Whom did you give your money to, one of the men in dark clothes, or the man in the light clothes?
Q. But it seems extraordinary you can swear to a man's person at half after ten at night, without knowing one circumstance relating to the affair besides; you do not know who fired the pistol, nor who demanded your money?
Lynken. When one is attacked so he cannot recollect.
Q. But if you can recollect a man's face, you can recollect who was in the dark clothes, and who in the light, because the same light that gave you the opportunity of discerning the man's face, would enable you to know which was in the dark clothes and which in the light: now you say you gave your money to the man in dark clothes.
Lynken. I rather believe in the dark clothes.
Q. Now who knocked you down?
Lynken. They all knocked me down; they knocked me down before and behind.
Q. That was two strokes?
Lynken. The first blow one gave me I got up and begged them not to hurt me.
Q. What was you knocked down with?
Lynken. With a pistol; I felt the blood come directly.
Q. Was you knocked down by two pistols; by two men or by two blows given by one man: you say you was knocked down by all?
Lynken. They were all one.
Q. You say you was knocked down by a pistol?
Lynken. Or with something that made a hole; I found the blood directly come.
Q. Was you knocked down by one, two, or all the men that robbed you?
Lynken. The blood came as I got up again.
Q. Then you cannot tell by how many you was knocked down; by one or two of the three?
Lynken. I cannot say whether by all or by one.
Q. We have heard yet of no other offensive weapon but the pistol; do you apprehend you was knocked down by the pistol or what weapon?
Lynken. One had a cutlass in his hand too.
Q. Which had the cutlass?
Lynken. That I cannot say.
Q. You are positive as to the prisoner's person: there were three men robbed you; I do not doubt but you was robbed and ill used; two of the men were in dark clothes, one in light, then it is as easy to tell me which had the pistol, and which the cutlass, as to know that two were in dark clothes, and one in light; now which had the cutlass?
Lynken. One of the men in dark colour clothes to the best of my knowledge; two of them had a pistol; this man and the other; I believe this man fired first.
Q. Had the man in the light clothes, and one in the dark clothes both pistols?
Lynken. The man in light clothes and one in dark clothes I believe had both pistols.
Q. How near were these people to you before you was knocked down?
Lynken. They stood all round me; they came all on one side of me.
Q. In the front of you?
Lynken. Yes; the pistol was fired; I was frightened and said I will give you all I have.
Q. What was the situation of your fellow' servant, where was he?
Lynken. He was gone away from me; I could not see him.
Q. What distance when you was knocked down might he be from you?
Lynken. I did not see him.
Q. Was he at the time you was knocked down close to you or at a distance?
Lynken. As the men came up he was close to me.
Q. Did they fire the pistol before they demanded your money, or afterwards?
Lynken. They fired the pistol first.
Q. When they fired the pistol were you close together?
Lynken. Yes, talking when they came upon me.
Q. Fiedelle lives at Lord Egremont's as well as you?
Lynken. He did not then.
Q. Was the pistol fired before they demanded your money?
Lynken. Yes; I was as near to him as to that gentleman.
Q. After the pistol was fired they demanded your money?
Q. You believe you gave the money to the man in the dark clothes?
Q. How long might they continue with you and Fiedelle?
Lynken. Not many minutes.
Q. In a wig or his own hair?
Lynken. He had a long tail; I am not sure whether a wig or not.
Q. Are you sure he had a pistol in his hand?
Q. But you are not sure who fired the pistol, but it might be him or one of the men in dark coloured clothes?
Lynken. I cannot say who fired.
Q. Can you tell what passed respecting Fiedelle?
Lynken. I found him afterwards lying in a corner.
Q. How far might you walk from the place where the robbery was committed before you overtook the prisoner?
Lynken. It might be ten minutes or a quarter of an hour; as soon as they were out of our sight we walked very slowly; we overtook them opposite Lord March's house.
Court. Who was walking at that time with you?
Lynken. A woman.
Q. You was not with the woman who was with you at the skittle ground?
Lynken. No, that woman was not with us.
Q. When you overtook the prisoner near Lord March's house, was he walking slow or fast?
Lynken. The woman and he were walking together a middling pace.
Q. What was the first thing you said to him when you overtook him?
Lynken. Fiedelle said this man is certainly one of the footpads; I was so full of pain I did not take such notice, but I saw this man and woman walking before; they looked back often; at last this woman cried out.
Q. For what?
Lynken. I was so full of blood I held my handkerchief up to my face.
Q. What then did you say to the prisoner?
Lynken. I told the other man I believe you are in the right, let us walk on, and see whether this is the man; as soon as we came there, he looked at him; and said this is him, and laid hold of him, he said he was sure this was the man; he called for the watch.
Q. Had he his hair in a queue at that time?
Q. You say you are sure that one of the three men that ran away at that time had a pig tail?
Lynken. Yes, this man.
Q. What did you charge him with?
Lynken. I said you are one of the men that has robbed us.
Q. What did he say to that?
Lynken. He said he was not; I said you may say what you will, you are the man, and you must go with me; he asked if there was no bail to be got; I asked if he knew any body in the neighbourhood; he said he knew Mr. Crosby; said I, I know Mr. Crosby, you must come along with me to Mr. Crosby.
Q. What is Mr. Crosby?
Lynken. A dealer in tea: he was a-bed.
Q. Did he come down?
Lynken. Yes, and Mrs. Crosby too.
Q. What did they say with respect to the prisoner when they come down stairs?
Lynken. They said they knew him, and could not believe he had been guilty of such a thing; Mr. Crosby said he knew him as he was a servant to my Lord Holland.
Q. Now what did you think of the business; did you change your opinion or not of his being the person concerned when Mr. Crosby gave such a character of him, did you still believe he was the man or not?
Lynken. At that very time I would still have put him in the watch house, but Mr. Crosby gave his word he would appear for him; but all the servants of our house came and persuaded me to come home, and have my wounds dressed, perhaps they might be mortal: so I left him in charge of Mr. Crosby.
Q. How far is Mr. Crosby's from Lord Egremont's house?
One of the Jury. Eight or nine houses.
Q. So then you left him that night?
Q. This was a Tuesday?
Q. At what time next morning did the prisoner call at Lord Egremont's house?
Lynken. That I do not know.
Q. Did you hear he called at Lord Egremont's house the next morning?
Lynken. I did not hear any thing of it till I came back from Justice Fielding's.
Lynken. I cannot rightly recollect the hour.
Q. You was robbed on Tuesday?
Q. Then you was at Justice Fielding's on the Wednesday?
Q. What time on Wednesday?
Lynken. In the forenoon. Mr. Brownfield was at Lord Egremont's; he dressed my wound; then I went to Justice Fielding's.
Q. What became of the woman that was with the prisoner, did she go to Mr. Crosby's, or what became of her?
Lynken. I have seen nothing at all of her.
Q. What time of day did you go to Justice Fielding's?
Lynken. In the forenoon.
Q. Forenoon is an uncertain hour according to the different parts of the town you are in; what time might this be?
Lynken. Before twelve o'clock.
Q. Can you tell whether the prisoner had been at Lord Egremont's house before that time?
Lynken. No, he had not.
Q. What time on Wednesday did the prisoner call at Lord Egremont's house?
Lynken. That I do not know.
Q. Have you never heard?
Lynken. I heard he had been and brought a letter to my Lord.
Q. Was that before or after you went down to lay your information before Justice Fielding?
Lynken. It must be afterwards, because my Lord told me I must go to the Justice, and tell him what I knew about the matter.
Q. Then you do not know what time he called the next morning?
Lynken. After I came from Justice Fielding's, I was told a letter was come from this man, or he had spoke to my Lord; my Lord said he is going abroad the best thing is to make no disturbance, make the whole affair over, you may be mistaken; I said I was not; his lordship ordered his steward to make it up with this man, and have nothing to do with it; so the steward told me.
Q. Had you or not heard before you went to Justice Fielding's, that the prisoner had been at my Lord's house?
Lynken. I had heard nothing about it.
Q. Then what information did you lay before the Justice?
Lynken. I told the Justice how we had been used; the steward said the best thing would be to make the affair up, that I might not be sure; I said I could not be more sure of my life than I was of it, but I would do any thing to oblige his Lordship, what he ordered me to do, but that thing was against my conscience; my Lord asked the steward whether he had told me; he said yes, he had told me; I did not see his Lordship till evening, then he called for me.
Q. Was the prisoner at his Lordship's house any time in the afternoon after you came from Justice Fielding's?
Lynken. I did not see him.
Q. But was he or not at his lordship's house in the afternoon?
Lynken. I heard nothing of it, but that he was to come on Thursday morning.
Q. As soon as you laid your information before the Justice did you proceed to apprehend the prisoner?
Lynken. I thought I need not be in any hurry, as Mr. Crosby was answerable for him.
Q. What time did you return from Justice Fielding's upon Wednesday?
Lynken. Really I cannot say the hour.
Q. Did you apply to Justice Fielding for a warrant to take up the man?
Lynken. First of all the prisoner was examined.
Q. Did you or not on Wednesday apply for a warrant to take the prisoner up?
Lynken. I did not know how to go on; the man set down what I knew of the matter.
Q. When did you first apply for a warrant to take him up?
Lynken. I applied for no warrant at all.
Q. When was he taken up?
Lynken. On Thursday; on Wednesday evening Lord Egremont called me in, and told me he did not like to have any disturbance in the family about any thing, if I did not make out this, then I was to leave his place next morning; I said, my Lord I am sorry I have disobliged you, but I cannot put up with any such thing, and
Q. How long have you lived in the family?
Lynken. About eleven years; my Lord after that told me I must prepare myself to go the next day.
Q. Was you discharged?
Lynken. He discharged me that day to go away.
Q. Are you still discharged?
Lynken. Yes, till my Lord knows the whole affair; after my Lord told me that, I came to town; I said I was discharged by his Lordship, and that I must make it up with the man; I said I am sure he is one of those people that almost murdered me I cannot make it up; I shall find a friend in somebody to see me justice done; in the morning I was called up, the valet told me his lordship asked whether I was up; I came up, he said my Lord did not want to see me; I saw him in the morning walking backwards and forwards; this young man the prisoner came in the morning.
Q. What time?
Lynken. Really I do not know.
Q. What time did you come from the skittle grounds, ten or eleven or what?
Lynken. I imagine about ten.
Q. What passed upon the Thursday morning?
Lynken. He came, and he and the steward were talking together; he was to come again between three and four o'clock.
Q. You did not attempt to charge him then; did he come again between three and four o'clock?
Q. What was his business at three or four o'clock?
Lynken. Before he came my Lord sent for me up stairs: I thought no otherwise than to receive my discharge to go directly; he asked me how this matter was; I said that I was sorry to leave his place, but could not let such a thing drop.
Q. Did my Lord see the prisoner that afternoon?
Lynken. Yes, he did.
Q. Did you see him before his Lordship called you up or afterwards?
Lynken. He saw me first, because Matchem did not come till between three and four.
Q. After my Lord had seen Matchem, what further directions had you?
Lynken. He called me and the other man up, and asked us positively what we knew about the matter; he examined us four or five times over and over again.
Q. What direction had you from my Lord?
Lynken. He said as affairs are so, and you are sure of it, I will have nothing to do with it, the law must take its course.
Q. Then when was it you took Matchem up?
Q. Then while he was at your house he was apprehended and put into the coach I suppose?
Lynken. Yes; he said he must send for his friends.
Q. But he was apprehended by you while at my Lord's house on Thursday?
Lynken. Yes, but the coach did not come into the yard.
Q. Now I should be glad to know by what particular circumstance you can swear to the person of Matchem?
Lynken. Because they put a pistol to my breast and felt in my pockets; I had time enough to take particular notice especially of his nose.
Q. As you took particular notice of his nose it is surprising to me you cannot tell who put the pistol to your breast?
Lynken. It was not him.
Q. Can you say which put the pistol to your breast?
Lynken. The man in the dark clothes.
Q. You say you cannot tell which fired the pistol, whether a man in dark or light clothes?
Lynken. That I cannot say.
Q. In what situation did Matchem stand to you while the man in dark clothes put the pistol to your breast?
Lynken. Just facing me.
Q. If you was so sure of his person how came you to let him go the night you was robbed?
Lynken. I was almost killed: I would have brought him to a watch-house, but all our people of our house persuaded me to come home; they said Mr. Crosby would be sufficient; I asked him again; he said he would be answerable for all.
Q. Did you know him by any other feature than his nose?
Lynken. By his face; he is tale.
Geoffrey Fiedelle . (This witness not speaking English an interpreter was sworn.)
Q. Was you in company with any body on the 7th of June?
Q. At what public house were you together?
Fiedelle. At the Queen's Head, Chelsea.
Q. What time did you come away?
Fiedelle. Between ten and eleven.
Q. Who came home with you?
Q. What happened to you as you were coming home?
Fiedelle. We were murdered and robbed in the next field before we came to the hospital.
Q. How many people attacked you?
Fiedelle. There were three. I was murdered and robbed upon the road.
Counsel for the crown to the Interpreter. The witness said assassinate; that is an intent to murder.
Fiedelle. I had not any defence; one took me on one side and one on the other side; they had some hanger, and one had a pistols; one gave me a stroke with a hanger.
Q. Which of the three used the pistol or the hanger?
Fiedelle. The pistol was fired, and the bullet went through my hair.
Q. Can you tell which of them served you so?
Fiedelle. I cannot say which fired the pistol.
Q. Did you see these three or any of them do any thing to Mr. Lynken?
Fiedelle. When they came up to me I saw Lynken on the ground.
Q. Can you tell whether any of the three did any thing to Lynken?
Fiedelle. They did the same thing to Lynken as they did to me; they began with Lynken.
Q. What did they do to Lynken?
Fiedelle. I do not know exactly.
Q. Did you see Mr. Matchem there?
Q. Are you sure of it?
Fiedelle. Very sure of it.
Q. Do you well consider you are upon your oath?
Fiedelle. Yes, very sure.
Q. Was it not too dark for you to distinguish?
Fiedelle. I know him too well.
Q. By what tokens?
Fiedelle. By his nose.
Q. By any thing else?
Fiedelle. By his nose and his queue.
Q. But may you not be mistaken and take this man for somebody else?
Fiedelle. I am very sure.
Q. When he was first apprehended was you sure then?
Fiedelle. When I passed by Lord March's house I was sure of it.
Q. Was you sure of it when you first saw him afterwards?
Fiedelle. Very sure.
Q. Did you go home to my Lord Egremont's that night?
Fiedelle. No. He came to Lord Egremont's house a week after; Lord Egremont desired me to come and tell the truth of them that robbed us.
Q. Did my Lord Egremont or any body else bid you be cautious of what you said?
Fiedelle. Yes, my Lord said so.
Q. Do you continue to be certain of the prisoner Mr. Matchem?
Fiedelle. Yes, the same.
Q. Did you see them distinctly at the time of the robbery?
Fiedelle. Yes; I am very sure; I saw him very clear.
Q. When you overtook him by Lord March's house, was you sure it was him?
Q. Did you express to Lynken at that time that you was sure that was the man?
Q. Who was in company with you at the Queen's Head, Chelsea?
Fiedelle. There was Lynken, the hussar, and the French woman; the under butler was gone away before.
Q. Who was the French woman?
Fiedelle. A lady's woman.
Q. Who is she woman to?
Fiedelle. She left Mrs. Matthews.
Q. Who went home first from the Queen's Head?
Fiedelle. The hussar and this French woman.
Court to the Interpreter. You do not translate that exactly; he says the hussar and his mistress.
Q. When did the butler go away?
Fiedelle. Two hours and a half before.
Q. Who did you go home with?
Fiedelle. The hussar went two minutes before.
Court. What liquor had you had, had you any liquor besides beer?
Fiedelle. Four pots of beer and bread and botter.
Q. How much punch?
Fiedelle. Two shillings worth of punch.
Q. How much beer?
Fiedelle. Each one had a pot of beer.
Q. Whether the lady had a pot of beer?
Fiedelle. The woman drank the same.
Q. Whereabouts was you robbed?
Fiedelle. Behind the hospital; I do not know the field exactly.
Q. How many persons did you see?
Fiedelle. I saw four; the fourth person was at a greater distance; I don't know whether he belonged to them; there were no more than three that robbed us.
Q. How were the three near you dressed?
Fiedelle. There were two in light grey clothes; as much as I could see there was one in green clothes gave me a stroke with the hanger; I cannot tell the fourth, he was at such a distance, whether he was in light grey or dark grey.
Q. Did Lynken see that fourth man?
Fiedelle. I do not know; Lynken was upon: the ground at this time.
Q. Did you see the pistol fired off?
Fiedelle. I don't know which; they fired the pistol before they came upon me.
Q. Had any thing been said before the pistol was fired?
Q. How near was the man to you that fired the pistol?
Fiedelle. Two or three yards.
Q. How was the man dressed that fired the pistol?
Fiedelle. He was dressed in the same light grey coat.
Q. Was any pistol fired before that fired at you?
Fiedelle. Yes, one was fired at Lynken.
Q. How long was that fired before that fired at you?
Fiedelle. Three or four minutes.
Q. What was done between the firing of the pistols?
Fiedelle. When they had done with Lynken they came upon me.
Q. Which man fired the pistol at Lynken?
Fiedelle. I do not know.
Q. Who fired the pistol at you?
Fiedelle. I cannot tell which.
Court. What not of either of the pistols?
Q. Whether it was the ball of the first or second pistol went through your hair?
Fiedelle. It was the second pistol bullet passed through my hair.
Q. Was it the same man that fired a pistol at you as at Lynken, or were they fired by different men?
Fiedelle. I do not know.
Q. Whether the men had any arms besides pistols?
Fiedelle. One had a hanger or a sabre, and two had pistols.
Q. How was the man dressed that had they hanger?
Fiedelle. As much as I can guess he was dressed in green.
Q. How long was it after you came out of the Queen's Head before you was robbed?
Fiedelle. After we came out we had passed two fields and were in the last field.
Q. How long in point of time?
Fiedelle. I do not know the minutes.
Q. How long do you believe?
Fiedelle. I do not know, I had no watch with me.
Q. Did you see Lynken knocked down?
Fiedelle. I saw him on the ground when they laid hold of me.
Q. Did they come behind or before you when they knocked you down?
Fiedelle. They were behind me.
Q. Were they all behind you?
Fiedelle. One held me on each side and one before me.
Q. When you saw Lynken on the ground where were the three men?
Fiedelle. When they fell upon me I catched hold of the hanger with my hat and my hand.
Q. How long was it from the firing the first pistol till you was struck with the cutlass?
Fiedelle. No more than three or four minutes before he knocked me down and robbed me.
Q. Whether you was struck with the cutlass before or after the second pistol was fired?
Fiedelle. The pistol was fired at first and then he struck me with the hanger.
Q. How long after this was it before you saw a man and a woman?
Fiedelle. We came as far as the turnpike without seeing any body else.
Fiedelle. They were gone away, and the next was Mr. Matchem.
Q. Did you keep sight of them all the way, or were they out of sight?
Fiedelle. They were gone on the side down to the hospital.
Q. Did you lose sight of them?
Q. How long was it from the time the three men ran away to the time you saw the man and woman?
Fiedelle. I cannot tell the time.
Q. How long do you think it was?
Fiedelle. A quarter of an hour or twenty minutes; I cannot tell exactly because I kept my handkerchief on.
Court. Whether the people ran away towards Lord March's house or the contrary way?
Fiedelle. They ran towards the hospital.
Q. Whether you knew Mr. Matchem when you met him?
Q. What coloured clothes was Mr. Matcham dressed in when you overtook him?
Fiedelle. A light grey coat.
Q. Whether Matchem offered to go before a magistrate?
Q. Whether you went to Mr. Crosby's?
Fiedelle. We called for watchmen; there were no watchmen to be found, and Mr. Crosby answered for Mr. Matchem.
Q. Whether you said any woman was in company at the time of the robbery.
Fiedelle. There was no woman in company at this time when we were robbed?
Q. Whether you ever said any woman was in company at the time of the robbery?
Fiedelle. I never said so.
Q. Whether you ever appealed to any woman that Mr. Matchem was the person?
Q. Whether Lynken did appeal to any woman whether Mr. Matchem was the person?
Q. Whether Lynken said that any woman would swear to Mr. Matchem?
Fiedelle. Lynken found this woman that had found Mr. Matchem near the hos and the woman said that this gentleman's full of blood, and he was quite in a tr.
Q. Whether there was any blood upon Mr. Matchem's coat?
Fiedelle. I took no notice of this, only of his face.
Q. Whether Lynken asked the woman any questions whether Mr. Matchem was the person?
Fiedelle. This woman told Lynken he was the person.
Q. What did Lynken say to the woman?
Fiedelle. Lynken said he would take him up.
Q. Did you hear Lynken ask the woman any question?
Fiedelle. He asked her no questions.
Q. When did you see Mr. Matchem after that night?
Fiedelle. The next day.
Q. Where did you see him?
Fiedelle. At Lord Egremont's.
Q. How many times did you see him on the Wednesday?
Q. What time on Wednesday did you see him?
Fiedelle. About four o'clock.
Q. Did you know him at that time?
Fiedelle. I knew him directly as he came into the house.
Q. Did you speak to him?
Questions from the Court.
Q. Whether you went along with Lynken in the morning to lay an information before Justice Fielding?
Q. When did you go?
Fiedelle. The next day.
Q. Was not the first time you went to Justice Fielding's the Thursday afternoon?
Fiedelle. Not till Thursday afternoon.
Q. Was you before the Justice on Wednesday afternoon to lay a complaint against Matchem?
Fiedelle. Yes, the day after the robbery was committed at five o'clock.
Q. Was Lynken with you on Wednesday?
Fiedelle. Yes; I was with Lynken, and my Lord's steward.
Q. Did you go with Lynken after you had seen Mr. Matchem at my Lord Egremont's?
Fiedelle. It was afterwards we saw Mr. Matchem at my Lord's.
Q. Had Lynken been before?
Fiedelle. I do not know.
Fiedelle. I do not know.
Counsel for the crown. Do you know Eleamor Smallbroke?
Q. Do you know the woman examined at Lord Egremont's?
Fiedelle. I have seen her.
Q. Have you seen that woman this morning?
Q. Explain what you mean by white grey or light grey, point out a coat of the colour in court?
Fiedelle. It was the colour of that gentleman's coat, (a stone colour).
Court. How were the three men armed?
Fiedelle. Two had pistols, one a hanger or a sabre.
Q. Who had the hanger?
Fiedelle. The man that was in green.
Q. Where was you while Lynken was knocked down and robbed?
Fiedelle. Three or four feat off.
Q. Whether they were walking slowly or fast?
Fiedelle. They did not walk very fast, they walked very slow, we overtook them.
Q. After the three men had committed the robbery, did they ran away a great pace, or go slowly?
Fiedelle. They ran away a great part.
Q Whether you can tell the time there was between your being robbed and overtaking the man and woman?
Fiedelle. It might be a quatter of an hour or twenty mintutes.
Q. Whether the man appeared to be in any heat when you overtook him?
Fiedelle. He was in fear.
Q. Did you overtake Matchem, or Matchem overtake you?
Fiedelle. I passed before him, he passed by the with a woman.
Q. Was Matchems first behind you; and then walked before you?
Fiedelle. He was behind me, then be passed before me, before Lord March's.
Q. Did you ever live with one Mrs. Violet as a servant?
Q. How long have you been in England?
Fiedelle. Two years.
Q. At the time you stopped the prisoner with the woman, did you attempt to feel his pocket whether he had any pistol there?
Fiedelle. He had none.
Q. Are you sure whether he had pistols or not at that time in his pocket?
Fiedelle. I took notice that he had none.
Q. Whether you took notice at the time of the robbery whether they were small or large pistols they had?
Fiedelle. I took no notice.
Q. How came you to take notice of their clothes when you did not take notice of their pistols?
Fiedelle. When the ball came through my hair I did not see the pistol, I saw the man that held me.
Fiedelle. I went through my Lord's order; he ordered me to go to Sir John Fielding's.
Q. Did you go before my Lord had called you and Lynken up to his apartments?
Fiedelle. We did not go before Lord Egremont had called to us.
Q. How can you be sure to the face of the prisoner, how near was he to you at the time he robbed you?
Fiedelle. He was the man that took me by the collar.
Q. Do you remember these men being at your house on the 7th of June?
Q. Do you remember their going away from your house?
Q. What time of night was it?
Carpenter. Much about ten o'clock.
Q. Had they been drinking?
Carpenter. Very little I believe; I came home about half an hour before they went away.
Q. Had you any conversation with them?
Carpenter. Yes, a little; Lynken said they were going out of town; they frequently came over of an afternoon; we had a glass of punch; they appeared to me to be perfectly sober.
Q. What liquor had they besides punch?
Carpenter. Their customary liquor is in the ground only porter.
Q. How much had they?
Carpenter. I was not at home.
Q. A publican does not reckon a man drunk if he can stand?
Carpenter. I know what drinking is.
On Tuesday the 7th of June in the morning after breakfast, I had some business at home; I came into the city; I was at the change from eleven till two; I did some business with Mr. Wicks, a broker; I returned to the other end of the town, and dined with a Mr. Sutton, a wine merchant in Little Stanhope street, at two o'clock; after dinner I went home with a promise to return again to drink tea with them; I returned again at six o'clock; I live with my uncle in Hatton-street; I returned and drank tea with Mr. Sutton and his wife; I staid there till about a quarter after eight; there came some company in; I took my hat and bid them good night, and went away; it was a very pleasant evening; I went up to Hyde Park Corner; I went into the park and walked there on the right hand side of the Serpentine River up to Kensington Gardens; there I met with Mr. Man, who is apothecary to Lord Holland; I had done some business for him that day; he was in the gardens; he sat down upon the wall and we talked over the business I had done for him that day; I was some time with him; what it was o'clock then I do not know; when I parted with him I walked round with an intention of going into the gardens, but when I came I turned and walked along the road that leads from Basewater-gate to Grosvenor-gate; then I turned back to Basewater-gate; when I came back to the gate I met a Mr. Collet, who was a stranger to me; I had seen him once before, that was all; I was unacquainted with his name, place of abode and profession: we walked together gently till we came to Grosvenor-gate; there we turned back as far as the bar; we came back together again to Grosvenor-gate; I turned down Park-lane with an intention of calling upon a friend of mine, a Mr. Wood, a livery stable-keeper in Park-lane; I thought when I came to his door it probably might be too soon for him to be at home from the coffee house, as he generally spends his evenings with a friend at a coffee house, so I did not call; I went down the park to Piccadilly, with intention to call at the White Horse cellar, as I had some things a coming from Bath, and I wanted to write a letter to a bookseller at Bath to know when he might expect some books I had sent him; just as I crossed over I passed two men and a woman in company; they seemed much in liquor; one fell against me and pushed me off the pavement; I passed on and took no notice of them; after I had passed them a little way, one of the men came up to me and said in broken English, that I could hardly understand him, we have been robbed, you are one of the people that has robbed us; they pulled their handkerchiefs down from their faces and I saw they were bloody; they said you see how we have been used, we suppose you are one of the people that have robbed us; I said gentlemen I am sorry to find you so ill treated; you mistake, I am not the person that has robbed you, nor am I concerned with them, but to convince you of your error, if you will walk with me to a neighbour to whom I am well known, you shall know who I am, or you may walk home with me and see where I lived, or I added, I would go with them before any magistrate; they did not think proper to search me or any thing; another person came a contrary way with a woman, who I since find is a servant to Lord Egremont; they began relating the story to him, and he, before he had heard it through, struck me on the back of my head and knocked me down; I called out watch; no watch came, not any body that was near but these people; they all three assaulted me then in a violent manner; I really thought they intended to murder me; I called out for watch, but in vain; at last there came a person that keeps a public house on the other side of the way to my assistance, and one of his servants; after these people came to me, there came some other people with a candle, and these men that assaulted me attempted toJohn Fielding 's to lodge an information; that if I would return the next day he would make himself master of the circumstances of the story from his servants, and I should have what satisfaction I required if I would return at ten o'clock; I did go at that time; his Lordship was not stirring; I had some business which took me into the city that day; I was told if I would come between three and four o'clock I should see his Lordship; I dined with Mr. Newton in Savile-row, who is an intimate friend of mine; I told them I was engaged to call at Lord Egremont's; I left them as soon as I had dined to go according to my appointment to his Lordship's; I waited a little while; his Lordship ordered me into his room; I had no sooner entered the room than I said I am come according to you Lordship's appointment to know your Lordship's pleasure with regard to your servants; said he, I have nothing at all to say to it; they say you are the person that has robbed them; you must go to the Justice; go out of the room! go out of the room! he said that twice; therefore I will have nothing to do with it, go out of the room! go out of the room! I went out of the room; as soon as I came out of the room the steward came to me and said you shall go before a Justice; you are not to go; call a coach; give me leave, says I, to send for a friend; no says he, I shall not stay for a friend nor nothing else; as soon as the coach is ready you shall get into it and go to Sir John Fielding ; I persisted in it that nothing but violence should force me into the coach till some friend came; then he agreed I should send for a friend, who would I have? I said Mr. Crosby is nearest; Mr. Crosby came; he asked what was the matter; I said they insist upon it I am the person, and have stopped me as a prisoner; why says he they have no more right to stop you than me; is there any constable or warrant to do it? they have no right to stop you, come along; I was going out with him; the steward followed me into the yard, laid hold of my arm and ordered the porter to fasten the gate, and said I should go to Sir John John Fielding 's; there was no constable as I know of there; these two men both together gave their evidence before Justice Wright, and I was committed to Tothil-fields Bridewell.
For the prisoner.
Q. What are you?
Man. I am apothecary to Lord Holland.
Q. How long have you known Mr. Matchem?
Man. Ten years.
Q. What is his general character?
Man. an unblemished one.
Q. Did you see Mr. Matchem at any time on Tuesday the 7th of June last?
Man. I was walking on the 7th of June in Kensington Gardens; about nine o'clock I met Mr. Matchem at Basewater-gate; I looked at my watch; then it wanted ten minutes of nine; I met him about nine near the Serpentine River; I seated myself on the wall; I asked him why he did not dine with me according to his promise; he said he could not get there in time, he had dined with Mr. Sutton, and drank tea there; I did not look at my watch at the time; I left him, so cannot be exact as to the time; I am positive when I first looked at my watch it wanted ten minutes of nine.
Q. What time was it when you parted from him?
Man. As near as I can tell it might be about twenty minutes after nine.
The Rev. Mr. Collett.
Q. Do you recollect seeing Mr. Matchem on Tuesday the 7th of June last?
Collett. I do: on Tuesday the 7th of last month I walked to Kensington, about two in the afternoon; I there met with a gentleman who is charge des affaires for Poland, Mr. du Charty, the Polish envoy; I dined with him at Kensington; about half after three there came in either three or four other Polish gentlemen or fortigners; two were Polish gentlemen; we dined and sat together till eight in the evening or thereabouts; at eight in the evening we all walked into the gardens; I believe the musick was there that night; I am not quite confident whether it was or no; we walked there till about nine; we then came to the gate commonly called Mount-gate, at which gate Mr. du Charty let out the three foreigners, and himself and me were only in company.
Q. What time did he let the foreigners out?
Collett. I apprehend about nine. We took a whole circuit round to the palace, and as near as I can recollect I believe I looked at my watch at the time I parted with Mr. du Charty, and it was about five or ten minutes past ten o'clock; he attended me to the gate, and then walked back; in a minute after I parted with him I met the prisoner at the bar on the outside of the gate.
Q. It was a fine evening I believe?
Collett. A very fine evening. I met this gentleman, the prisoner, outside the gate; I had seen him once before, but neither knew, his name, nor he mine; he addressed me, and said, sit, if you are walking homewards give me leave to accompany you; it was late; I said I should be glad of his company; we walked together to Grosvenor-gate; there we had a little conversation about a volume of Churchill's works I had with me; we turned back and walked to the bar; then we walked to Grosvenor-gate again, where we parted.
Q. What time was it when you parted with Mr. Matchem?
Collett. I apprehend it must be pretty near or full half an hour after ten when I parted with Mr. Matchem at Grosvenor-gate.
Q. Did you mention the time you came out at the gate at Kensington Gardens?
Collett. I apprehend about five, or it might be ten minutes past ten, but I believe it was not quite so much as ten minutes.
Q. Had you never been in company with Mr. Matchem before?
Collett. Only once in company with him; he did not know my name nor This.
Collett. He was passing the same way with me; we passed both to Grosvenor-gate; there we parted.
Q. Was he going on as you came out at the gate or passing by?
Collett. He was not the length of this Court off.
Court. You did not see him go out of the gardens?
Collett. No; but seeing him so near the gate I apprehended he had just passed the gate.
Q. Did he speak first or did you accost him?
Collett. He spoke first to me.
Q. There have been some enquiries made with regard to this matter in the newspaper; I see by the paper I have in my hand that the time is here mentioned to be between eight and nine that two gentlemen met.
Collett. I saw the advertisement at Kensington coffee house next morning; I said, good God, it must be me the person applies to; in consequence of which I called at Mr. Crosby's in Piccadilly, where the person was referred to; Mr. Crosby told me the prisoner was then in Bridewell, and begged for satisfaction I would go to him.
Q. Can you tell who opened the door at the gardens to let you out?
Q. Was it the gardener?
Q. You are there very often?
Collett. I dine there five or six days in the week.
Counsel. The advertisement I allude to speaks of the party walking to Grosvenor Gate between eight and nine o'clock.
Collett. That was a mistake of the press, but that does not affect me in any measure; whether the advertisement specified the hour or not would not after my opinion of his being the person or not.
Q. You don't know who let you out of Kensington Gardens?
Q. I want to know whether the man that let you out was a man you have seen many times before?
Q. At what part of the walk did the conversation about Churchill's poems begin?
Collett. Almost immediately as we had passed the gate.
Q. He spoke to you first upon the subject?
Collett. Yes; he accosted me first.
Q. I mean upon the subject of Churchill's poems?
Collett. I cannot recollect whether he opened that subject or not.
Q. You had Churchill's poems?
Collett. Yes, I had had them in my pocket for a week past.
Q. Did you see the Polish envoy next day?
Collett. No, the day after.
Q. Had you any conversation with him?
Collett. Yes; I said there has happened an odd circumstance since I had the pleasure of parting with you; said he I saw it, you mean the advertisement in the paper. I told him the consequence of it; he said it was very happy that I was upon the spot.
Q. How came you to know that this particular person was meant by this advertisement?
Collett. Because I was described personally: I forget the words of the advertisement, but they were to that effect.
Q. Did you know the gentleman's name at that time?
Collett. No, neither he nor I knew one another.
Q. To whom then did you go?
Collett. To Mr. Crosby.
Q. Did you say any thing to a Mr. - that you had like to have been robbed in Hyde Park?
Collett. No, I never hinted any thing of the kind.
Court. You did not part with him till past ten at night?
Collett. No, half an hour past I imagine.
Q. Had you the clothes on then that you have now?
Collett. I don't recollect; I believe in part I had.
Q. The coat?
Collett. I believe I had.
Q. I believe you had your education at Oxford?
Collett. No, at Trinity College, Cambridge.
Q. I believe you keep the Barley Mow in Piccadilly?
Beardmore. No, my father does.
Q. Do you remember seeing Mr. Matchem on Tuesday the 7th of June last?
Beardmore. Yes, very well.
Q. How came you first to take notice of him?
Q. Did they appear to be both very much in liquor?
Beardmore. Yes; Fiedelle particularly, be could bardly speak be was so much in liquor. They said they had been robbed, and that there was a Dutch woman at the door would assert it; they called the woman in; Mr. Crosby asked if she saw these people robbed; she said it was a great lye, she never said any such thing.
Q. Do you know how this woman came to be at the door if she knew nothing of the matter?
Beardmore. I cannot tell, she was by the prosecutor when I went over the way.
Q. If Fiedelle was so drunk, you could not I suppose understand half of what he said?
Beardmore. He could not talk English; I imagine he cried out pistol! pistol! that was all I could hear; he staggered vastly.
Q. Was he bloody?
Beardmore. A bit of his ear hung by a piece of skin; Lynken had a piece cut in his cheek, and their hands were very much cut.
Q. Perhaps this appearance of theirs was owing to their having been ill used.
Beardmore. They certainly were very much in liquor, Fiedelle more than the other a vast deal.
Q. Do you judge that by their reeling about?
Beardmore. By their walking about and by their talking.
Q. You could not understand by their talking because they did not speak English?
Beardmore. By Lynken's talking; when I went over the way they were talking French.
Q. Do you understand French?
Beardmore. No; but they appeared to be drunk.
Court. Was you present at any time when the prisoner was knocked down?
Court. Did he appear to be bloody, or have any blood upon his clothes.
Prisoner. I had been knocked down.
Q. Do you remember seeing Mr. Matchem on Tuesday the 7th of June last?
White. Yes, between ten and eleven o'clock at night; it wanted about twenty minutes to eleven; I heard a talking on the other side the way; I stood some time; then I heard a woman cry out; I went over.
Q. What did you see?
White. I saw two or three Germans.
Q. Did you go to Mr. Crosby's?
White. Yes, but I did not go in.
Q. Did you see Lynken and Fiedelle?
Q. Did you see Lynken do any thing to Mr. Matchem?
White. I saw him strike Matchem three or four times somewhere about the breast I think; I cannot be positive to the particular part of the body he struck him in.
Q. What did he strike him with?
White. With his fist; we went and desired them not to use Mr. Matchem ill; Mr. Matchem
Q. Was he searched?
White. No; he desired them to search him, but they did not; they were very much in liquor and bloody.
Q. Were both of them in liquor?
White. Yes; Fiedelle was more so than Lynken. There was a servant girl brought a candle; Fiedelle tried two or three times to put it out with his hat.
James Crosby . I went to bed on the 7th of June at, I think, a quarter before eleven o'clock; I had been in bed but a very few minutes when my servant, who lies in the kitchen with one of my children, alarmed me, and said that there was a gentleman at the door, who said his name was Matchem, surrounded by a mob, and in very great distress, that requested to be admitted; I made all the hasle down stairs I possibly could; I unfastened the shop door and the crowd endeavoured to press in very fast; Mr. Matchem and Lynken and Fiedelle came in first; Lynken and Fiedelle were both very much in liquor; but particularly Fiedelle; among them Mr. Beardmore and two or three had rushed in; Mr. Beardmore continued with me in the shop during the whole affair; I strictly examined both parties. I must observe to your Lordship that both Lynken and Fiedelle were very bloody, and were much wounded. I asked them what was the matter; they said they had been stopt in the next field to St. George's Hospital by three footpads; one dressed in light, the other two in dark coloured clothes.
Q. Did they say that?
Crosby. I had no conversation with Fiedelle; Lynken passed the whole examination (if I may be allowed to call it so) he being the soberest of the two; for Fiedelle was not articulate; he could scarcely speak, and that Mr. Matchem was one of them; I stood amazed; I asked him if that man had the appearance of being a footpad; Lynken said many a man made a great appearanc e in and about London, and nobody knew how they lived; I said that was a strange thing to say, that I knew Mr. Matchem to be a man of property, and I would have them to be careful what they said. I said I have one thing to offer, Mr. Matchem, take out your watch, give me leave to search your pockets; he consented; I took his gold watch out of his pocket; he took out some few shillings, I don't believe above five or six, and threw it on the compter; I turned his waistcoat and coat pockets inside out, and the linings, and said, this man you see has nothing offensive about him; has he the appearance of a highwayman? does this tally with the appearance of a man of that dangerous profession? Lynken said, Sir, there is a Dutch woman at the door that has followed us over the fields from the King's Head, at Chelsea, and she will swear it. I was glad of this opportunity; I went to the door and asked if there was a woman of Holland there; a woman came forward and was admitted; pray, madam, is this one of the people that robbed your friends and abused them in this manner? Sir, said she, it is the greatest lye that ever was spoke, for I never saw the man before in my life, and I never said any such thing: the woman withdrew. At about half after eleven o'clock there was a double knock at the door.
Q. Did Mr. Matchem stay?
Crosby. Mr. Matchem staid till past twelve: they all staid.
Q. Then you turned the mob and people away?
Crosby. There were but few in the shop at this time.
Q. Then you had an opportunity of seeing more of them, did they afterwards appear to be drunk?
Crosby. They were; Fiedelle was very drunk indeed; the other was more sober. When I heard the double knock at the door, I asked who was there; a man replied that he was a coachman; that he had just set down some company, I think he said at Chelsea, and he had been stopt by three men between the King's Road and the Lock Hospital; two of the men were in dark coloured clothes and one-in light; I asked him whether Mr. Matchem was one of the men? the coachman smiled with I thought an air of contempt, and said, no, sir, he is not.
Q. You say Lynken made himself better understood than Fiedelle, and from thence you infer that he was not so fuddled as Fiedelle?
Crosby. He was not.
Q. Did Fiedelle give any account of himself?
Crosby. I did not ask him any questions because I could not speak French.
Crosby. I was.
Q. Was any violence made use of in order to get rid of this Dutch woman?
Crosby. No, none at all; she walked out peaceably and said it was the greatest lye that ever was.
Q. What did you think the lye was, that she never saw these men robbed?
Crosby. Yes; when we had got rid of this woman and the coachman it was then late; I advised them to go home to get washed, and get to bed; at last Lynken was rather more moderate than he had been in the beginning of this business; I said Mr. Lynken you have been very wrong in this affair and you must answer it at your peril; I am very conscious you have charged an innocent man, and I do not know where this matter will end; to which Lynken said with an air of indifference as he went out at the door, why he may be the man, but if he is not the man I would advise him to give himself no further trouble about the matter; Mr. Matchem bowed and said with an air of gravity, Sir, that is my affair; I was informed by Mr. Matchem on Wednesday that he had waited upon Lord Egremont; that his Lordship had received him with some indifference and asked him a few questions; that his Lordship could not give him an answer then; that it was an ugly sort of business, and he could give him no positive answer till he had enquired further into it, and desired him to call again the next morning at eleven o'clock. On that Wednesday evening between nine and ten o'clock when my people were shutting up shop and Mr. Stratford a gentleman of veracity, who is now in court, was talking with me upon business, Lynken came into the shop; I said to him with an air of chearfulness, how do you do to night, I am glad to see you, pray how do you find yourself; he said I am but very poorly, my Lord Egremont has sent for me this afternoon; he is very angry with me for the charge I made against Mr. Matchem; I am afraid I shall lose my place, and though I have been many years in this country I am a stranger in point of acquaintance I shall lose my place unless. I make this man atonement; for my Lora has said these words, you murdered the man or almost killed the man; upon which I said to him your best way will be to give up the name of the person who beat him so unmercifully in Piccadilly and I will do the utmost in my power to make this matter easy with Mr. Matchem, that be shall not persevere in his charge against you to Lord Egremont; he stretched himself over the compter and whispered to me it is our hussar; good God! said I, as this is the case how could you last night attempt to bring this matter home so close to this innocent man? he put his hand up to his neck and said the wounds that I had received in my neck by a pistol, and the two dressings I have received from Surgeon Bromfield , had put me in such pain - nay said I, I am speaking with regard to the identity of Mr. Matchem's person; to which he replied, the abuse I had received in the assault was such that any body else in my situation might have done the same; then said I, I think you are partly convinced that you are wrong; to which he said I believe he is not the man - I think he is not the man - I am sure he is not the man, and then walked out of the shop.
Q. Did Mr. Stratford hear these words?
Counsel for the prisoner. He said I believe he is not the man, I am sure he is not the man - that what?
Crosby. That robbed me.
Q. Did he then speak of the robbery or the sray in Piccadilly?
Crosby. The robbery; our conversation was about the robbery.
- Hennell. I am coachman to Mr. -
Q. Had you been robbed on the 7th of June?
Hennell. No, I was stopped opposite Chelsea College by three footpads; two were stout men in dark coloured clothes, the other was in light coloured clothes.
Q. At what time of the night was you stopped?
Hennell. I think it was about twenty minutes after eleven; the man in the light coloured clothes presented a pistol to me and ordered me to stop; I thought to get off without stopping; he said immediately stand; I said I did not know your business gentlemen, or I would have stopped before; but I have nobody in the coach, nor have I any money or watch; he opened the door and saw the coach was empty; they said we will not rob you coachman, but if your master had been in the coach we would have given you half a crown or a shilling; I said I am much obliged to you; I desired them to shut the coach door, which they did; afterwards I
Court. Gentlemen of the Jury, do you think it necessary to examine any more witnesses?
Jury. My Lord, we are thoroughly satisfied.
Foreman of the Jury. Mr. Matchem, the Jury are of opinion that the case has turned out very much to your honour.
Mr. Matchem. My Lord, I hope your Lordship will grant me a copy of my indictment.
Court. Mr. Matchem, your character is fully justified to the satisfaction of your country and your friends; they are a couple of drunken idle servants; I think it is not worth your while to take any notice of them; they were grosly mistaken as to your person I have no doubt: they were intoxicated; they had been beat and very much abused, and they seized upon the first person they light of.
Mr. Matchem was a second time indicted for robbing Fiedelle, but no evidence was given.
455. (M.) LEVI BARNETT , otherwise LYPE COSER , was indicted for breaking and entering the dwelling house of Abraham Lyon Levi , on the 15th of May , about the hour of twelve in the night, and stealing a cloth coat, value 20 s. a cloth waistcoat, value 5 s. a pair of cloth breeches, value 5 s. a pair of leather shoes, value 2 s. a pair of silver shoe buckles, value 8 s. a pair of silver knee buckles, value 4 s. a pair of paste knee buckles, value 4 s. a silver stock buckles, value 2 s. two silver tea spoons, value 4 s. a pair of linen sheets, value 10 s. five linen shirts, value 40 s. two genting handkerchiefs, value 2 s. 6 d. and a stone sleeve button set in silver, value 6 d. the property of the said Abraham, in his dwelling house .
(The witnesses were examined apart at the request of the prisoner.)
Abraham Lyon Levi . I live in Bell lane : on the 15th of May about seven at night I went out of my house; thinking I should stay late I wanted a coat, therefore I came back again and took my coat; that was about nine o'clock, I think it was light at that time; I locked all my doors and fastened all my windows; I did not return home again till one or two in the morning; I left my outer door double locked; I found it when I came home upon the single lock; I was a little alarmed at that at first; then I went up stairs; when I came to the chamber door which I am certain I locked, I found it wide open; I was much alarmed, fearing somebody might be in the house, that might do me a mischief, therefore I thought in some respect to exculpate the person that might be there, and said bless me I believe I left my outer door open; then I went down stairs and locked the door, and stood on the outside of the door with the key in my hand; I staid there till a watchman came; when the watchman came I went up stairs with him; when I came up stairs I saw the bed curtains drawn aside, a pair of sheets gone, and the other things were thrown upon the floor; there was a drawer that stood a-jar; out of the drawer I missed my coat, waistcoat, and breeches; I am certain I saw these things at half after six before I went out; I missed afterwards the rest of the things mentioned in the indictment ( repeating them); the staple of my chamber door was forced open.
Levi Solomon . On the 15th of May I and the prisoner, Moses Rattles , Mordecai Levi , and Hart Levi went to the prosecutor's house; the prisoner opened the door with a false key; I and Mordecai Levi and Rattles went up stairs;Mordecai Levi knew him very well, and knew that that was a particular night he was to go out to his club.
Prosecutor. I did go out and stay late that night; we had some prayers there; it is the night we receive the laws of a particular congregation that come together then, and we have some prayers during that ceremony.
Solomon. The time that we came there was between twelve and one o'clock; the prisoner stayed below; Levi Hart stood without doors; we broke open the one pair of stairs room; there was a chest of drawers on the left hand, and a cup on the chest of drawers turned upside down, which had a pair of buckles under it; next to that there was a halfpenny and a sleeve stone button; then we went to the other drawers; we took out five shirts and two muslin handkerchiefs in the drawer below two suits of clothes; two silver spoons in a tea chest; we took away a pair of shoes and a pair of sheets; we broke a chest and took some touch stones out; we left them, we did not like them; we took another box in which was a gold hat-band and stone knee buckles: all these things were carried to the prisoner's house; that Monday morning the prisoner and we had a conversation about parting with these things; it being the Jew hollidays the Jews would not deal for them; the prisoner said he knew where he could sell them; he came and told us he had parted with them; he brought three pounds twelve shillings; that was shared between us in Gravel lane; the prisoner said he had pawned the coat, waistcoat, and breeches for twenty shillings in Golden lane. They were about twelve minutes in the house.
Q. from the prisoner. Why did you not discover this when you was taken up?
Solomon. It was near a week after I was taken up before I was sworn as an evidence; I did not discover any thing till after I had been sworn as an evidence.
Levi. At the time he talked of confessing he said they were pawned for twenty shillings, but he would not tell where it was; three or four days after that, before he was sworn, he discovered it was in Golden lane, but he did not tell the name of the man where they were pawned, but described the house.
Q. from the Prisoner. Why did you not get the goods sooner?
Levi. I went that very afternoon or the day after to Golden lane; the pawnbroker did describe to me that he was a pock-freckled man and went by the name of Jones; he did not mention Golden lane till he was going to gaol or was in gaol.
Solomon. The prisoner told me the very morning of the 16th that he had pawned them in Golden lane. We went because we know of the club where they generally sat up as I understood, almost all night; this club happens once a year.
Francis Smith . I live in Golden lane with Mr. Payne, pawnbroker; I took in the clothes and the buckles of the prisoner; he came to our shop on the 16th of March by the name of Jones; from his pronunciation I said you seem to be a Jew; he said no I am not, but said his name was William Jones ; I lent a guinea and a half upon them and the buckles all together; after I had been down before the Justice, I was directed to go down and see the man; I went with one of the men to the Compter, I saw the prisoner there; when we came to the gate the man that was with me looked at the prisoner who was side ways to me, and said is that the man? I did not immediately make any answer, but the man coming up towards us I was certain he was, and said yes, that is the man; I said to the prisoner you have seen me before; the prisoner said yes, but immediately catched it and said yes, I see you now.
Prisoner's Counsel. Did not you deny that he was the man?
Smith No, never; I said I believe you will see me again soon. (The prosecutor deposes to the clothes).
David Isaac . I was the person that went with Smith, the pawnbroker, to the Compter; the pawnbroker had described the man before he went into gaol; he said he was a pock-freckled man with a large mouth in particular; when the prisoner was walking in the yard I said that is the man, speaking from the description he had given me before; when we came towards him, Smith said, how do you do? you have seen me before; he answered immediately, yes; but recalled his words and said, yes, I see you now.
I have a woman, a prisoner in the Compter at the time, to prove that when this man came with the pawnbroker he looked about and said he
For the Prisoner.
Stephen Jones . I had a conversation with the prosecutor this day four weeks, and he said he heard that his property was in Golden lane; he said the pawnbroker said it was pawned by one Jones an Englishman, and not by a Jew.
Solomon Solomons . I am an old clothes-man; I went to a public house on the 15th of May about nine o'clock; it was ten minutes past eleven before we went to that place; the prisoner and I lodge in the same house; we were at the Three Jolly Blades, on the other side the way from our lodgings, about twenty minutes after eleven; we went home; the prisoner went up before me, and went into his room before me; it was near twelve o'clock before I had done my prayers; I did not go to sleep till near one o'clock I am sure; I was a full hour speaking with my wife in bed, and one thing or another; I locked the door after us and put the key in a particular place; I found it in the morning in the place where I put it over night and the door bolted; I had been in his company from nine o'clock; I found the prisoner in the house at the time I went there.
Solomon. It is the same house he says he was at; instead of going from the house to the prisoner's lodgings, the prisoner went directly to rob the prosecutor's house.
Sarah Abrahams . I have known him thirteen or fourteen years; I am a haberdasher in hardware; I have trusted him with valuable effects I believe him to be an honest man; he is a married man and lives with his wife.
Deborah Brown . The pawnbroker said when he came into gaol that he did not know the man; I would not say it now in the situation I am in, as I have not a month to go of my time, if it was not true, and I never took an oath in my life before.
Q. Was you never upon your oath before at all?
Justice Wilmot. I have often administered an oath to her many times.
Court. How came you to say you never was upon your oath before?
Brown. Not before such a court as this.
She received a very severe reprimand from the court.
Guilty . Death .
John Hughes . On the 16th of June I saw the prisoner leaning over a bale at Ralph's Key ; I bid him go about his business; I recollected myself and ran to the bale and found something was taken out of it; there was a vacancy in the bale then that was not there when I landed it; I sought for the prisoner but could not find him till the afternoon; when I saw him at the further end of the key, I asked him what he had done with the silk he took out of the bale; he denied it; I observed he kept his hands about his belly, I put my hand into his bosom and took out the silk.
As I was standing Hughes came and bid me go about my business; I saw two men going up the gateway; they dropped this, I did not know what it was; I took it up and put it in my bosom; Hughes struck me on the
Hughes. I did strike him once.
Guilty . T .
Luke Watkin . I am servant to Mr. Wright: as I sat at the Green Dragon in Aldersgate-street, on the 7th of June, about twelve at night, I saw the prisoner bring the iron out of my master's yard; a young man that sat with me and I pursued him, and he put it down; I asked him where he had it from; he said out of Mr. Mott's yard; that is through ours; I said be that as it would, I would take them back; he d - d me, and said I should not; I brought them back; (the bars of iron produced); I know them to be my master's property.
I found the bars of iron I had that night in the street; the bars produced are not them.
The prisoner called a master bricklayer, who had known him nine years, and gave him a good character.
Guilty . T .
460. (L.) MOSES PHILLIPS was indicted for stealing a watch with the inside case made of base metal, and the outside base metal, covered with dogs skin, value 10 s. the property of Elizabeth Alefounder , June 30th . ++
Elizabeth Alefounder . I keep a pawnbroker's shop in Petticoat-lane ; the prisoner came in for some things he had in pawn; I had taken down this watch for a person that came to redeem it; I bid my little boy look the prisoner's things, and the prisoner said he would go and get some rolls; in the mean time when he was gone, I missed the watch; on his return I charged him with it; he denied it; then a woman that was in the shop talked to him in Hebrew, and then he owned he had taken the watch, and hid it in a cellar; he went with Taylor and brought it.
Robert Taylor . I live within two doors of the prosecutrix; I saw a boy stop the prisoner; I went with him to Mrs. Alefounder's; she charged him with taking the watch; a woman in the shop talked to him in Hebrew; I bid her talk English; she then said that he said he had got the watch; then he went down on his knees, kissed Mrs. Alefounder's hand, and said he would bring the watch; I went with him down into a cellar just by, and he pulled the watch out of some rubbish, and said he would give me half a crown to carry in; I would not, but took him back with it. (The watch produced and deposed to by the prosecutrix.)
The prisoner said nothing in his defence.
Guilty . T .
George Augustus George . I was fourteen years old last October; I saw the prisoner at Brewer's Key take some tobacco out of a hogshead, and put it between his shirt and skin, and go up the gateway; I called Mr. Ward; he followed him and took him; Ward searched him, and found this tobacco upon him.
I saw a man doing something under the gateway, I did not know what; when he was gone I went to see what it was, and found this tobacco and took it up.
Guilty . T .
Richard Newton . I am a salesman and silversmith . On Monday the 27th of June, about eight in the evening, I took some things home to Oxford-road; when I returned I found the prisoner in custody in the shop, charged with stealing a petticoat; she begged me to forgive her as knowing her.
Thomas Murton . Mr. Newton is my brother-in-law, I take care of his shop sometimes when he is absent; I took the prisoner with the petticoat upon her, on the information of the last witness. (The petticoat produced and deposed to by the prosecutor.)
Q. Was the woman in liquor when you took her?
Murton. I cannot tell; she seemed very well to me; I took her about ten yards from the house.
I have a plate in my head, and if I drink a little I do not know what I do. I am fifty years of age.
Guilty of stealing to the value of 4 s. 6 d . T .
464. (M.) ANN MONK , otherwise MOTT , was indicted for stealing a silk cardinal, value 10 s. two linen caps laced, value 2 s. three linen handkerchiefs, value 1 s. a pair of shift sleeves, value 6 d. a pair of Bristol stone buttons set in silver, value 6 d. a linen checked apron, value 6 d. a pair of worsted hose, value 6 d. a pair of woman's stuff shoes, value 2 s. and two linen neckcloths, value 2 s. the property of John Turner , June 23 . +
Susannah, the wife of John Turner . I hired the prisoner as a servant on the 21st of June, at three shillings a week; she was to find herself; I weave; my husband is a taylor ; I went out on the 23d of June, about three or four in the afternoon going to wash some things; it was not much past four when I returned; then I missed the things mentioned in the indictment (repeating them); she was gone; I pursued her, but did not find her till next day; then I found her at the place she lodged at before she came to me; she had my cardinal on; in her pocket I found a pair of stockings, a cap, and two handkerchiefs.
Susannah Devine . The prosecutrix is my daughter: she came and told me she was robbed. When the prisoner was taken I entreated her to return the things; she said she would suffer the law. (The cardinal produced and deposed to.)
I was distressed or I should not have done it: it is the first offence I ever committed.
Guilty . T .
469, 470. (2d M.) JOHN ALLIES and JOHN MINCE were indicted for stealing twenty-seven watch movements, value 40 s. two watches with silver boxes, value 40 s. six silver watch boxes, value 30 s. two pair of Dresden ruffles, value 30 s. a mahogany tea chest, value 4 s. six silver tea spoons, value 10 s. and ten linen shirts, value 20 s. the property of William Vandamme , in the dwelling house of the said William , May 19th . +
William Vandamme . I live in Hog-lane, Crown street , as they call it, Soho ; at the time the things were lost that are mentioned in the indictment, I was abroad; I heard of it when I came home; I found some of the shirts myself at a pawnbroker's; he is here. The lock of the door was broke, and three of the locks of the bureau appeared to have been opened.
Gerrard de Costa. I have a room in the same house with Mr. Vandamme: our rooms are both up one pair of stairs. On the 19th of May, the day the robbery was committed, I locked my door, and went out about one o'clock at noon; I returned about three-quarters after eight in the evening; I went up stairs, and found Mr. Vandamme's door open; I went in and found the bureau open, and all the things mentioned in the indictment were taken out; I saw them all in the drawers at noon; I found a gold ring in the room the next day: I had the care of the movements.
Vandamme. I left London the 26th of April; I left a drawer open which Mr. de Costa had access to; he was to give the work out to the men; I cannot say how many shirts I lost; I am sure there were ten in the second drawer. Two pair of Dresden ruffles had been offered to a pawnbroker. but he would not take them in. I found three shirts at Mr. Macklin's. Henshaw knows all about it; he is a watch-finisher, and works for me.
William Bailey . The watch was brought to me by Lawrence Notley , who is brother-in-law to Allies; I took out the name Anderson, and the letter R, and put in Allies; the number before was 1449; I took out part of the four, and let it stand as a one.
Isaac Henshaw . I live in Mr. Vandamme's house: I give work out, and take it in in his absence: I am a watch finisher. On the 26th of April, Mr. Vandamme went to the movement-maker's, and brought home a dozen and a half of movements; he put them in the upper drawer of the bureau; I had an order to receive three dozen in his absence; I received two dozen and eleven; one was sent to the case-maker's, to have a case made to it; Mr. Vandamme desired what I did not send to the workmen to put in the drawer of the bureau; I put in eleven, and there were eighteen there before; I took one out; twenty-seven were taken away, and one left; the watch produced is my finishing. My room is up three pair of stairs. Mr. de Costa brought six boxes up to me the night before, the 18th of May, and asked me if I wanted them; I bid him put them in a drawer in the bureau. Upon his cross examination he said the robbery was committed on the 19th of May, that some of the things were brought home the 26th of April, that he saw them on the 15th of May, and that Allies was taken, and the watch found upon him the 13th of June.
James Sedgwick . I am a watchmaker: I had these seven movements (producing them) of Mince; I had known him some time; I looked upon him to be a very honest man. I bought them the 24th of May, and they remained as they are in the drawer, till the 10th of June, and then hearing the prosecutor was robbed of watch movements, I enquired who was the maker of them, and was told one Ryland; seeing R upon them, it struck me; I went and informed the prosecutor of it; he said he believed they were part of his; Mince has done work for me; he said he took them for work he had done.
Anthony Harrop . I am servant to Mr. Ryland: these movements are great part of them my own work; they were made for the prosecutor: they are sunk frames; we make none of that sort for any person but Mr. Vandamme; they are for exportation.
Prosecutor. You told me you knew they were stole when you bought them.
Seymour. I never said any such thing.
Harrop. They are my own work; I picked them out of a great many more.
Seymour. I bought them on Saturday, and took them to pieces on Monday.
Allen Macklin . I am a pawnbroker; I have three shirts (producing them); one I received of Mince, the prisoner, on the 13th of June; two were brought by a woman in the name of Ann Mince ; I suppose by the number in my book, about an hour after. Mince had been on the Saturday before to pawn a shirt for one shilling and sixpence; he talked a good while; I took notice of him, and am sure he is the man that brought this shirt.
Prosecutor. The mark is taken out, but it is Holland's; it is easily to be known; I have them made abroad; they are a particular linen, I can positively swear to it.
John Ernest . On the 19th of May, as I was coming from work, between seven and eight in the evening, I saw three men at Mr. Vandamme's door; two stood on the middle step, and one leaning his shoulder against the window; I am sure the prisoners are two of the men.
I bought the watch of a Jew at one Mr. Deadman's house.
The things I had I bought in trust for some work I did; one Mr. Chambers will prove it, who saw me buy them.
Q. Do you know any thing of his buying any shirts?
Warren. I know of his wife buying three or four in Rag Fair, old ones; I believe I should know them again.
Q. When was it she bought them?
Warren. About three or four weeks ago.
Q. It is common for poor people to buy second hand linen there I believe?
Warren. Yes. (A shirt shewn her). This is one of the shirts, but there is another got two pieces on the shoulder.
Q. How do you know this shirt is one?
Warren. Because the wristbands are newer than the shirt; she took off the wristbands that were very bad, and put those new wristbands on.
Court. Are the wristbands the same cloth as the shirt?
Prosecutor. The shirt was wristbanded in October last.
Q. Pray be a little certain about the time it was bought.
Warren. I cannot.
Prosecutor. I am sure it was my linen, and in the state it was in when in my possession.
Q. Did you see the prisoner's wife put the wristbands on?
Warren. No; I saw her making the wristbands to put on one of the shirts; I cannot be positive it is this shirt.
- Curmelian. I am a watch-case maker: I know Mince.
Q. Do you know where he was on the 19th of May last?
Curmelian. I cannot be positive.
Q. to Ernest. Are you sure you saw both the prisoners at the door?
Ernest. It is hard to swear to persons; I did not stop to look at them.
Both guilty of stealing to the value of 39 s .
Henry Cole . I live at Bromley in Middlesex . On Tuesday the 2d of June I lost out of my cow house about twenty fowls; among the rest these mentioned in the indictment; the cow house was broke open; I sent my man out with a horse, and he met with Farrell. I was sent for to Justice Sherwood's and saw a live duck and a gander. (They were produced in Court and deposed to by the prosecutor.)
John Farrel . A watchman came to me at five in the morning, and informed me he had watched some people with bags into a house; that he thought they had stole something; I went with him to the house and found the prisoners with the fowls.
Michael Reading . On the 2d of June I saw Austin and Atkins, coming by the turnpike, at the end of the road; that goes from the back lane up to the London Infirmary; each of them had a bag on his shoulder; I stopped to let them pass me; I imagined they were thieves, and followed them through Wellclose-square to this house; they pulled up their bags by the way and the geese cackled; I watched them into the house, and then went and informed Farrell and another man; we went directly, and took the prisoners in the house.
Atkins. The woman of the house will take her oath we are not the lads that brought the fowls into the house.
Reading. I am very sure they are the men.
William Ingham . I was at the taking of the prisoner with the last witness.
I know no more of it than the child unborn.
Q. to the watchman. How long were they in the house before you took them?
Reading. About half an hour.
Q. Are you sure they are the men that had the fowls on their backs?
Reading. Yes, when they went in they laid their bags down, and the fowls screamed again; there were three fowls dead under the bed.
For the prisoners.
Q. Some fowls were brought to your house, do you know where they came from?
Creamer. I do not know; I never saw any of them till I saw one dead in Farrell's hand.
AUSTIN and ATKINS guilty of stealing to the value of 10 d . W .
IRELAND acquitted .
John Crutchfield . I am a colourman and live at Holborn-bridge : the prisoner had been in my father's and my service six years and a half; my porter informed me that he saw the prisoner take some oil of turpentine out of a receiver as it came down from the still; the receiver holds perhaps three or four hundred weight.
John Lewis . I am porter to Mr. Crutchfield; I have lived there about two years; the receiver stands in the distill house, I went in to lend them a hand; I saw the prisoner go to my master's warehouse and fetch a sack on his back, between two and three in the afternoon the latter end of May; he went with the sack to the still, turned a rundlet out of the sack, and filled it with spirits of turpentine, as full as it could hold, out of the receiver; he could hardly put the cork in; he called me and asked me to wet a piece of brown paper to put in the bung-hole; I refused, and said I believed it was not right, that he had better put it in the receiver again, and he told me to go about my business: I saw him carry it away out of the gate-way; he returned in about half an hour; I did not know whether he had any right to carry it away; I made enquiry, and when I found he had no right, which was a day or two after, I let my master know of it.
Thomas Dorrington . I was at work at Mr. Crutchfield's in May, as a carpenter; I saw the prisoner with a sack on his back, and the shape of a rundlet in the sack, go out of the gate; it was about three or four in the afternoon.
I never did such a thing in my life; I was discharged on the Saturday following.
Lewis. He was discharged before I informed my master of it.
Crutchfield. I discharged him for abusing me.
Guilty . T .
475, 476. (2d M.) MICHAEL BRANNEN and PATRICK MADAN were indicted, for that they, in a certain field and open place near the king's highway, in and upon William Beckenham did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a cloth coat, value 40 s. a cloth waistcoat, value 20 s. a silver watch, value 3 l. and forty shillings in money, numbered, the property of the said William , April 9th . +
Q. Was it light?
Beckenham. No, not very light; they kept me about ten minutes; Madan put a pistol in my mouth and stood by me so long I am pretty. sure he is the man.
Q. Can you swear positively to him?
Q. Are you very sure?
Beckenham. I am very positive; Brannen took the watch out of my pocket; Madan swore several times if I did not give him the watch he would blow my brains out; I said the other
Madan. He swore before Sir John that I was not the man.
Beckenham. I never said any such thing; when I was robbed there was another man with me; Madan stopped him and the other man me; Madan took about four things from the man, and sent him away directly; then he came up to me and put the pistol in my mouth.
On his cross examination he said it was on a Saturday, about a quarter after ten at night; that it was darkish, but that he could see the men; that he was more frightened afterwards than at the time; that he described them to the Justice, but did not see them for five weeks after the robbery; that he had no doubt about the men; that he, (the prosecutor), lived with are Mr. Willoughby at Islington. (The coat produced in court).
John Ward . I am a taylor: I made this coat for the prosecutor; I finished it on the 9th of April; I am sure it is the same; I made it myself; I know my own work perfectly well; the hooks and eyes are taken out, here are the marks where they were.
Peter Senhouse . I am an officer to Sir John Fielding ; I went to Illford after Brannen; as I was returning back I met him and two other men; I went up to Brannen, he threw these pistols into a ditch; I took him, the others made their escape; they were taken next morning.
William Barnett . I unscrewed the barrel and took three pieces of lead out of one; the other is loaded now; Blanchard Clarke and I went next morning to search Brannen's lodgings, and there we took Madan in bed, but found nothing on him.
Q. to the Prosecutor. What sort of a pistol was it he put in your mouth?
Beckenham. A small one; I put my tongue in the hole of it.
Barnett. When I took Madan in bed he got up and put a coat on the colour of that; I will not swear that is it.
Martin Lennan . On the 9th of April Brannen was drinking at my house, the Lion and Lamb in Golden Lane, from between seven and eight o'clock till he went to bed with one Conner; he lodged between nine and ten weeks with me; he went to bed about a quarter before eleven; Brannen and Conner lay together.
Q. Why do you fix upon that night?
Lennan. That night I lent Conner four shillings and sixpence to buy him a shirt; it was a Saturday.
Q. Did you make any memorandum of it?
Lennan. I put it down in my book.
Q. Have you the book here?
Lennan. No, it is at home, I did not know it was material. (He is sent home with an officer for the book).
William Hatchburn . I was at Mr. Fife's the Red Lion in Whitecross-street some time in April last; there was a wager laid between me and Brannen about his shewing me two guineas; the wager was given for me; Brannen would not pay it; at that time the coat was produced, Brannen cliamed it; Madan said he would not return it to him till he gave me the half guinea; I saw it afterwards on Madan. (The coat shown him).
Q. Is that the coat?
Hatchburn. Yes: Brannen fetched the coat from above stairs, and Madan said he would not return it till he paid me my half guinea; this was the latter end of April or the beginning of May; Madan wore the coat afterwards for a fortnight.
Prosecutor. When he put the pistol in my mouth he put his hand upon my eyes, and I pulled it away two or three times; he said if I pulled it away any more he would blow my brains out.
Q. from Brannen. Did not you swear to the 13th of April on Saturday night?
Beckenham. No, I never swore any such thing.
Lennan returned with the book, and the entry of the 9th of April appeared to be interlined.
- Leigh. I am clerk to Sir John Fielding: on the first examination he did not swear to Madan; he did not say he was, nor that he was not the man; on his second examination he was asked why he did not swear to Madan before;
Both guilty , Death .
477, 478. (2d M.) PATRICK MADAN and PATRICK CROCKHALL were indicted for that they in the king's highway, in and upon Ann the wife of John Wills , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person, a silver watch, value 3 l. the property of the said John , April 8th . +
Both acquitted .
They were a second time indicted for that they in the king's highway, in and upon Peter Charles Pessey , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a silver watch, value 3 l. and one shilling in money, numbered, the property of the said Peter , April 8th . +
Both acquitted .
They were a third time indicted for that they in the king's highway, in and upon Charles Stuart did make an assault, putting him in corporal fear and danger of his life and stealing from his person, a silver watch, value 20 s. and nine shillings in money, numbered, the property of the said Charles , March 25th . +
Both acquitted .
They were a fourth time indicted for that they in the king's highway, in and upon John Wills did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. and three shillings in money, numbered, the property of the said John , April 8th . +
Both acquitted .
479, 480. (2d M.) EDWARD CUNNINGHAM and DANIEL DANELLOW were indicted for that they in the king's highway, in and upon William Hartall did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a pair of silver shoe buckles, value 14 s. a pair of stone knee buckles, set in silver, value 10 s. a man's hat, value 8 s. and six shillings and three pence in money numbered, the property of the said William , May 29th . *
Both acquitted .
John Holmes . I was in company with the prisoner at the Ship in Rosemary-lane, on the 4th of June last; I was going home; I had lent my partner my hat and was without one; she took me to her lodgings, and gave me an old hat; then we made a bargain; I was to give her a shilling.
Q. Did you lie with her?
Q. Was you in liquor?
Holmes. Yes, but I knew what I was about.
Q. Did you give her the shilling you promised her?
Q. What silver had you?
Holmes. In all three or four shillings.
Q. Did you give her the shilling as you came away?
Holmes. No, before.
Q. Was you concerned with her upon the bed?
Holmes. Yes; she went down stairs; I missed my money directly; my breeches were taken from under the bolster; I found them at the side of the bed when I got up; I ran down stairs in my shirt when I missed it; there were a great many women in the house; I could not see the prisoner at that time, but made a noise about my money and came up stairs again; the landlady of the house followed me with a candle; she brought me half a crown and my knee buckles; I put my breeches on, and went down stairs; there I saw the prisoner; I seized her.
Q. Are you sure you had five shillings and three-pence in your pocket?
Q. You had not agreed to give the five-and-three-pence for the old hat had you?
Q. Are you sure you felt your quarter guinea when you gave her a shilling?
Holmes. The quarter of a guinea was in my fob, the money in my pocket, I thought I
Q. from the prisoner. Whether when I was in bed with him there were not some hands under the bed?
Holmes. There was nobody near the bed we were in; there was a woman in another bed in the room with my partner.
Q. After you had been concerned with the woman did you fall asleep?
Q. Then how could she take your breeches from under your bolster without your knowing it?
Holmes. I got to the nearest side of the bed to the door; she would not let me he there, but moved me on the other side, so I shifted the breeches under my head, and she put her pocket or something under my head, where my breeches were.
Q. How could she get the breeches from under your head without your perceiving it?
Holmes. I thought she was only taking the things she had laid under my head; I perceived her put her hands under my bolster just before she got up and went down stairs; I did not think she was taking my breeches.
Q. Then it was not the other woman that took it?
Holmes. I am certain it was not.
I was coming down Rosemary-lane; he picked me up, and asked me if I had got an old hat to sell or give him; I said I had one, I would either sell it or give it him; he went to the Ship in Wells-street, and drank part of three pots of beer there; he asked to go home with me; then he asked me to go to bed with him; I said I did not chuse it without a present; said he I will give you sixpence; I said I would not go to bed for that; he said he would make me a further present in the morning; we all went up together; I gave him the hat; first he said he would make me amends for the hat in the morning; we went up stairs; he undressed himself; there were two young women in the room at the same time, when he charged me with this; he asked me whether I had got any money; I said I would strip and he might search; he went up again; one Ann M'Cormack , that keeps this house, said, don't make any words, I have got your money, I will return you half a crown; which she did.
Q. How do you know that?
Watson. I know he had it before we went into the house, because I gave it him myself but a little before.
Q. What did you give it him for?
Watson. For paying his wages.
Q. Are you a master carpenter?
Watson. No; my master gave it me to pay him.
Q. Did you lie with another woman in the same room?
Q. Did she ever stir out of bed after these two people went to bed?
Q. How near is your bed to theirs?
Watson. One on one side of the room, the other on the other; we all went in to bed together.
Q. Was any woman near the bed where Holmes lay with Bridgman?
Watson. No; she took her clothes in her hand, at the same time his breeches were gone; he jumped out of bed, and said, partner, lets go; he kicked his breeches; then he run down stairs in his shirt, and came up again, and a woman came and gave him half a crown, saying she had searched this woman, and could find only half a crown, and a pair of knee buckles upon her.
Guilty . T .
483, 484, 485. (2d M.) THOMAS WATERS THOMAS HOPKINS , and WILLIAM DONALDSON , were indicted for breaking and entering the dwelling house of Moses Barrett , on the 19th of May , about the hour of two in the night, and stealing a linen sheet, value 2 s. two muslin neckcloths, value 1 s. a quart of Geneva, value 1 s. a piece of linen cloth, value 2 d. a quart of anniseed, value 1 s. and two quart bottles, value 2 d. the property of the said Moses; four check aprons, value 2 s. two linen aprons, value 2 s. three linen caps, value 2 s. five linen handkerchiefs, valueElizabeth Slancy , spinster ; a check apron, value 10d. a linen apron, value 10 d a linen shift, value 1 s. two muslin handkerchiefs, value 2 s. and a laced cap, value 2 s. the property of Ann Ward , spinster , in the dwelling-house of the said Moses . *
Moses Barrett . I keep the Flying House in Charter-house-square . On Friday about three in the morning, we were alarmed by Mr. Sparrow, a neighbour; he told us my house had been broke open; I got up, and my niece and I went down together; there are four doors; one door goes into the lane, one into the yard, one to the passage, and the dwelling-house door; the door that goes into the lane, whoever got in had got over the wall, for there were marks on the top of the wall, where they got over out of the lane into the yard; the other two doors were bolted on the inside to the best of my recollection; I believe they were all bolted that night, because I always used to bolt them; I did not go to bed till after one o'clock; I sat up on some business.
Q. How do you imagine the bolts were pushed back?
Barrett. The door in the passage and dwelling-house, door are so old and wore, I believe they might on the outside casily push back the bolts with a knife; when I came down stairs it was break of day, a little lightish; I missed a bottle of anniseed with a bottle of gin; I filled these two bottles the night before. We went down to the watch-house, and the first thing I observed was a bundle wrapped in a handkerchief; I said that I know to be Waters's handkerchief; I saw it upon him the day before; my niece and I got to the watch-house; the watchmen had taken up all the three prisoner in the lane; I knew Waters very well, because his mother chaired for us, and he used often to be backwards and forwards.
Elizabeth Slancy . I went down and found the door broke open. I lost the things mentioned in the indictment (repeating them). I attempted to lock the door at night that went into the lane, but it went hard; I could not lock it myself, my uncle did it; he bolted both the doors at that time, which was between eleven and twelve o'clock. I went down to the watch-house with my uncle, and saw the handkerchief lie there; I took it to be Waters's.
Q. from Waters. What do you remember it by?
Slancy. He was in the yard whilst I was hanging up some things to dry; he had the handkerchief round his neck, and I observed this hole in it (pointing it out) I found two or three coloured aprons in it, tied up, which are mine. As my uncle and I were going down to the watch-house, we found a bottle of gin in the lane marked with M.
Prosecutor I do not remember that I put the cork marked M into the gin bottle; I thought I put a cork marked W into the anniseed bottle.
Jacob Edwards . I took the prisoners up about three in the morning, in Red Lion-court; as soon as they saw me they turned into Red Lion-court, they went pretty quietly with me to the watch-house; I observed at the time I took them up, that Waters had a bottle in each pocket, but I did not then search him to see what the bottles contained; after I got them into the cage, I examined one of the bottles; it was anniseed water; it had a cork in it marked N. When I took Waters, he had no bundle, but I found a piece of cloth in Hopkins's pocket.
Slancy. That is part of a slip of cloth I cut in two the night before; that piece was taken away, the other part was left. (They were compared and tallied exactly).
Edwards. Before I searched the prisoners I went to see what mischief was done, and found many things dropped about the lane, particularly that check handkerchief with three aprons in it; I brought it into the watch-house; they were all scattered about except this bundle; that I found at the entrance of Little Red Lion-court,
Q. Were all these things dropped in those places where you saw the prisoners?
Edwards. They were dropped in that court, and between there and the watch-house. I found two or three bricks pulled off the wall, which goes out of Mr. Barrett's yard into the lane; I found the apron at the entrance of Red Lion-court, and the bundle at the end of it, I first saw them in Charter-house-lane; they turned into Red Lion-court.
John Peake . The beadle and the watchman brought the prisoners to the watch-house, saying nothing about them, I was going to dismiss them; I thought it better to lend the beadle out; he brought in all these things; that raised
- Sparrow. I heard something falling; it was day break; I saw a watchman and the three prisoners.
All the prisoners, in their defence, said they had been hunting a wild bullock from Smithfield till two or three in the morning, which was the reason of their being out so late.
As I was running up Red-Lion-lane I kicked my foot against a bottle of anniseed; I took it up and put it in my pocket.
I picked that up in the lane too.
Thomas Hill. I have known Donaldson from a child: he was to have been apprenticed to me; I should be glad to take him apprentice now.
Another witness gave him a good character.
HOPKINS and WATERS not guilty of breaking and entering the dwelling house, but guilty of stealing the goods . T .
DONALDSON acquitted .
Joseph Bishop . I live in Cold Bath-fields ; the prisoner was my servant ; she came on the 30th of April and ran away on the 10th of May; in the evening when we were going to bed we missed a table spoon and tea spoon, and next morning the rest of the things; we heard nothing of her till a fortnight after; when she was taken she confessed where she had pawned them. (The several articles mentioned in the indictment produced in court and deposed to by the prosecutor).
John Kipping . I am a constable: I apprehended the prisoner, and she owned she took the table cloth and two spoons from Mr. Bishop's and pawned them in Little Britain; Mr. Bishop and I went with her and took out the table cloth.
Nicholas Simmonds . The prisoner brought these two spoons to me and asked seven shillings upon them; I asked whose they were; she said her sister's whose name was Ann Bishop ; they were marked J. A. B. and a scratch; I am sure she is the person that brought them; I took particular notice of her; I thought her too young to have spoons of her own; I should not have taken them if she had not given some account of who she brought them from.
The prisoner said nothing in her defence.
Abraham Blane . I am a fisherman : on the 2d of June I lost a cloth jacket out of my fishing boat at Execution Dock ; I found it this day week on the back of John Easterby ; I knew it by the buttons, they are not all of a sort; it has had pockets put in it since I lost it; I never saw the prisoner in my life before.
John Easterby . I am a waterman; going up old Gravel-lane, I wanted a jacket; I saw this hanging at a door; I asked the price of it, the woman said eight shillings; I offered five, she would not take it; I left the five shillings and went and fetched the other three shillings for it; I bought it on Tuesday the 28th of June, and on Thursday I put it on, and the prosecutor owned it; I told him I fairly bought it, and carried him to the person I bought it of.
I bought the jacket of a man that was going to sea, and wanted money to pay his passage to Gravesend; I gave him eight shillings for it.
Guilty . T .
(2d M.) ANN GLESPY , otherwise ANN M'COY , was indicted for stealing one large damask table cloth, value 5 s. one black silk cloak trimmed with black lace, value 5 s. nine linen sheets, value 20 s. three damask breakfast cloths, value 18 d. one chintz morning gown coat, value 10 s. one worked muslin apron, value 3 s. one laced handkerchief, value 12 d. two yards and a half of figured muslin, value 15 s. four large silver table spoons, value 20 s. one mahogany knife case, value 10 s. ten knives tipped with silver, value 5 s. eleven forks tipped with silver, value 5 s. five desert knives tipped with silver, value 3 s. one pair of dimity pockets, value 12 d. one laced night cap, value 6 d. two cambrick handkerchiefs, value 2 s. one black silk hat trimmed with black silk lace, value 3 s. one pair of white silk stockings, value 3 s. and two linen shifts, value 5 s. the property of Harriot Mead , Spinster ; one black silk cloak trimmed with black lace, value 4 s. one white muslin cloak trimmed with lace, value 8 s. one white sattin cloak, value 2 s. one linen shift, value 3 s. one muslin apron, value 5 s. one lawn apron, value 12 d. and two yards of white thread lace, value 2 s. the property of Elizabeth Lamb , Spinster , July 1 . ++
Harriot Mead. I live in Portland street ; the prisoner was my servant ; she lived with me a fortnight; I missed the several things mentioned in the indictment (repeating them) about ten o'clock in the morning, the first of July; I saw them the evening before the prisoner was gone; I made an information at Sir John Fielding 's the same forenoon, in consequence of which the prisoner was apprehended about three o'clock in the afternoon in a hackney coach; she had with her the green knives and forks, a black silk hat, and four spoons, and she had one of my shifts on.
John Brook . I live with Mr. Masterman, a pawnbroker; the prisoner came to me on Friday the first of July, in the afternoon, and wanted me to lend her two guineas upon four table spoons; I stop'd her; she said Miss Mead in Portland Row had sent her; I asked her why she came so far; she said Miss Mead had just been arrested for 60 l. and was then in Fuller's rents, and she came to the first house; my master proposed I should go and inquire about it, but the made an excuse, and said she did not chuse to be seen by us; she said she would go and bring a note from her. (The things produced and deposed to by the prosecutrix.)
Ann Gibson . I am a pawnbroker at the Seven Dials. On the first of July, about three o'clock in the afternoon, I took in a table cloth of the prisoner. (The cloth produced and deposed to by Harriot Mead.)
Humphry Bladon. I am a pawnbroker. I took in a black clock of the prisoner; I delivered it to the prosecutrix.
Prosecutrix. I left it in a hackney coach last night.
John Cooper Middleburst . I live with Mr. Clarke a pawnbroker in Holborn; on the first of July, between three and four in the afternoon, I took in a muslin cloak of the prisoner; she was very much in liquor; she said her mistress wanted a little money to make up bill.
Alexander Roy . On the first of July the prisoner came to my apartment, and said her mistress was arrested and was in a spunging house, and desired me to let her bring a box of things she wanted to raise a few guineas on; she brought the box; she went away again and fetched the keys, and took the things out to pawn; she sent a porter back to desire me to come to Mr. Dobree, the pawnbroker, in Holborn, to give her a character; I went to the pawnbroker's; he asked me if I knew the woman; I said yes, several years; I said I knew nothing of the things, only she said her mistress was in distress; from there we went with some things to Mr. Masterman's; she received two guineas there, and then she wanted to buy some ear-rings. I said I thought it not right to spend her mistress's money; the lad hearing what I said stopt her.
The prisoner in her defence said, that her mistress
Prosecutrix. I never was arrested, nor ever gave her any authority to pawn my things.
Guilty . T .
488. (M.) GEORGE CHEVYS was indicted for stealing seven pair of silk stockings, value four pounds, and two pair of lace ruffles, value twenty pounds , the property of Claud Russell , Esq April 15th . +
Claud Russell , Esq. The prisoner was my servant ; he came to live with me on the 20th of March; he had the care of my cloaths and wearing apparel; on the third of June, having detected him wearing some of my cloaths or apparel, I dismissed him; I called upon him for an account of the things he had been intrusted with; upon this, the prisoner going to the drawer where these silk stockings were put, he then look shame to himself, and said, Sir, there are seven pair of stockings I have been under the necessity of pawning thro' distress; and he said if I would let him have the money they were pawned for, he would redeem them; there were two pair of ruffles likewise: these he told me were at the laundress's; upon inquiry I found six pair of the stockings at the pawnbrokers.
John Sutton . I am a pawnbroker; the prisoner brought these two pair of stockings (producing them) to my shop on the 30th of April, and on the fourth of March he brought a pair of ruffles, he said his name was Harrison; seeing the name of R. on them, I asked him if they were his, or if his name was Harrison, how that mark came upon them; then he said he pawned them for one Roberts; when he came the 4th of March, he told the same story.
James Crookshanks . On the 2d of April the prisoner brought two pair of stockings to me; he said his name was George Harrison , and that they were his own property; they were marked R. (producing them.)
Prosecutor. I have no doubt but these are my stockings.
On the 20th of March I went as a servant to Mr. Russell; he said it was a custom with him to settle with his servants the first of every month for their board wages; accordingly he paid me up to the first of April; on the first of April, not having money enough to support me for my board wages till the month expired, I pawned some of these stockings; when I gave Mr. Russell my bill, on the first of May, he paid me; he said he was going into the country; I did not redeem the stockings from this place that day; the next time I gave him a bill of 3 l. 6 s. 6 d. for board wages for a month, and other things laid out; he did not pay me; I asked him for the money; he not making me any answer the second time I asked him for it, that was the third of June, I called Mr. Russel from the dining room to the bed room; I said I was distressed for money, and therefore had been obliged to leave some of his stockings in pledge; he never missed them nor I believe had any suspicion of their being in pledge till I told him; it I had meant to have defrauded him of the stockings, I should imagine no man will suppose I should have produced the duplicate of the stockings.
Q. to Mr. Russell. Did he tell you of all the stockings?
Russell. When he was delivering over the things he had in charge after I had dismissed him my service, when he came to the drawer in which these stockings were deposited, before he opened the drawer, he said, Sir, I ask your pardon, but I have been a little distressed for money, I have pawned your stockings, if you will give me money in part of my wages, I will go and redeem them; I said nothing; I told him to give me an account of the things.
Q. Did he say how many he had pawned?
Russell. He said all the stockings missed out of that drawer were pawned; I knew nothing of the ruffles being pawned till they were produced before the Justice.
Guilty . T .
489. (M.) JOSEPH DAY , Gent . was indicted for stealing one brass quadrant, value 10 s. one brass compass, value 10 s. one shagreen shaving case, value 20 s. one horn tumbler, value 5 s. one shagreen case of pocket instruments, value 5 s. three pictures painted on canvas, value 5 l. one man's silk cloak, value 40 s. one red and blue cloth coat, embroidered with gold and silver lace, value 40 s one red and blue cloth waistcoat embroidered with gold and silver lace, value 20 s. one cloth coat of pompadourLouis XV , value 1 s. a pink silk mask, value 1 s. one domino silk waistcoat and a pair of breeches, value 3 l. one iron plate wrought, value 1 s. one piece of silver, value 2 s. four steel cork screws, value 2 s. one plosh case for a muff, value 1 s. one slaves head in bronze, value 5 s. five pictures of inlaid marble, value 5 l. 88 onyxes and agates engraved, value 10 s. three cornelians and one crystal stone for seals, value 1 s. one small piece of wood of which the Americans make cloth, value 2 s. two pieces of white coral, value 2 s. one piece of red coral, value 1 s. two lions teeth, value 1 s. two soap stones or statites, value 1 s. 41 ivory pencil cases, value 40 s. 15 ivory needle cases, value 10 s. two paper tooth pick cases, value 2 s. one paper bottle case, value 1 s. one silver gilt tooth pick case, value 5 s. one silver mounted ink case, value 20 s. one leather pocket book with instruments, value 5 s. eleven drawings on paper of different sorts, value 10 s. three mens metal watch chains, value 10 s. two round tortoiseshell snuff boxes, value 5 s. twelve round wooden boxes, value 1 s. one pair of metal and steel shoe buckles, value 2 s. three pair of metal and steel knee buckles, value 3 s. two small brass padlocks and keys, value 1 s. one opera glass, value 2 s. twelve metal trinkers and seals, value 10 s. four oval glass boxes, value 5 s. seven small crystal spoons, value 3 s. seven agate knife handles, value 4 s. eight pieces of agate, value 2 s. nine small pieces of silver foreign and English coin, value 1 s. 38 small pieces of copper silvered over, value 1 s. ten small pieces of lead to hang to cambrick, value one penny, eight sulphur and wax seal impressions, value one penny; four pattern buttons gilt, value 1 d. one piece of gilt brass, value 6 d. 3 pennyweights of gold metal, value 10 s. six small rubies, value 2 s. ten grains of seed-pearl, value 2 s. seventeen pieces of crystal, value 2 s. 13 other pieces of crystal upon wood stands, value 10 l. one jasper mounted like a box, 2 s. eight pieces of jasper, onyx, agate and cornelian stones, value 5 s. nine pieces of polished spar, value 3 s. 86 other pieces of spar, value 5 s. one English pebble, value 1 d. eight fossils of bones, value 1 s. two pieces of water petrified, value 2 s. 18 pieces of coloured glass, value 2 s. two pictures of the Apostles painted in oil on marble, value 2 s. two miniature paintings in water colours, value 7 s. ten pictures in oil, value 20 l. and six small wood drawers with divers small shells, value 7 s. the property of Francis Cateneo de Capitanci , May 26 .
No evidence was given.
490, 491. (2d M.) ANN MATHEWS and CATHERINE PROSSER were indicted for stealing one green silk purse, value 2 d. eight guineas, one half guinea, and one bank note for the payment of 10 l. the property of John Barnes , against the statute, &c. April 10th . ++
Both acquitted .
MARY JONES were indicted, the two first for stealing eighteen yards of printed linen cloth, value 30 s. 40 lb. wt. of feathers, value 40 s. and four yards of bed ticking, value 8 s. the property of Edward Hore ; and the other for receiving the above goods well knowing them to have been stolen , Nov. 30th . +
All three acquitted .
William Morgan . I am a shoemaker , and have a shop in Monmouth-street ; the prisoner is my half-brother, by one mother and two fathers; I sent for him out of the country because he is an orphan. He is turned of sixteen; he was born in Monmouthshire. I lost eighty pounds lately. I have lodgings in the country, between Mother-Red-Cap's and Mother-Black-Cap's.
Q. When did you go out of town?
Morgan. Last Monday was fortnight; I counted it some time before; there was eighty pounds.
Q. Was it safe that day?
Morgan. It was in a box. but whether the box was locked or not I cannot tell.
Q. Did the money appear to be safe that day?
Morgan. I did not count it but there seemed to be the quantity.
Q. Do you know any thing of the prisoner?
Fellows. Yes; on the 21st of June he was at Uxbridge squandering money away in an odd manner; he had much in his pocket; I apprehended he did not come honestly by it; a neighbour of mine begged I would examine him, as he suspected him; I asked him from whence he came; at first he said he did not know; I said you are Welsh; then he said, yes; he said he came up, about Christmas; I told him he had come dishonestly by money, and it would be better to tell me the truth, and circumstances might be more favourable with him; he then said he would tell me truth; that he was brother to one Morgan, who lived at No. 16, in Monmouth-street, who keeps a clothes shop; that about one o'clock in the morning a person, whom he called Hughes, knocked at his brother's door.
Q. Was it in writing?
Fellows. I have it here in writing; I took this in order to charge Hughes, but upon the second examination he discharged Hughes.
"of June 1774 (read) in which he declares
"that upon Monday night last, his brother-in-law
"being gone to his lodging. that William
"Hughes, between twelve and one, knocked at
"his door; he opened it; then Hughes said,
"your brother has got a good deal of money;
"it would be worth while to 10 b him; I objected
"at first, but afterwards Hughes went up,
"cut open the box, and gave this information
"some money; I cannot tell what, but it was
"gold and silver." Upon this I examined what he had got; he took out fifty-three guineas, a quarter of a guinea, and twenty-three shillings in silver; I asked him whose property it was; he said his brother's, and the money was given him by Hughes; he produced a silver watch that he had bought with some of the money, and upon the back of this he gave me an account of what money he had laid out for a watch and other things. He acknowledged the money to be his brother's property, and wished it might be given him again.
Q. You say at another time he discharged the other man?
I was drunk and did not know what I did; I found the money.
Guilty . Death .
Recommended by the Jury to his Majesty's mercy.
William Moreton . I am waggoner to Hearn's waggon; I travel from Chessom in Buckinghamshire to London; I loaded the waggon and put in a box of hats that I ordered myself at Mr. Cowper's on Holborn-hill for Mr. Foster Nash at Chessom; I did not miss it till I got to the top of Drury-lane, St. Giles's; I never heard of the box again, here are the hats; I saw the box after one in the morning, and I missed it before two; it was packed about a yard or a yard and a half within the waggon; I do not think it was possible it could drop out; it was skewered down with a cloth over it; it was unskewered and the box gone.
Thomas Lawson . I received this box of hats on Tuesday evening; I booked it and it was put in the waggon; I know nothing of it since. Mr. Cooper's boy came on Monday evening and informed me the hats were in custody of an officer, and a person had been examined that morning; it was skewered down so that I think it was impossible to shake out.
William Taylor . I am a watchman; I stopped the prisoner about half after two in the morning, standing by the posts in Moorfields; I saw two men coming down Chissel-street; they shunned me and went down to the lower part of the postern; I pursued the prisoner and stopped him; he had this bag on his back (producing it); I asked him what he had got; he said he would not tell; I took him to the watch-house; I found these hats in it; I asked him how he came by them; he said he found them about half a mile up Holborn.
Q. to the waggoner. Was that bag with them?
Moreton. No, they were nailed down in a deal box.
John Matthews . I live with Thomas Cooper a hatter on Holborn-hill; I know the hats to be my master's property; I buttoned and looped them myself; some of them are marked T. C. with a stamp; we pack three together and mark the undermost hat; some are marked T. C. some D. we set down the price with the letter; I am sure these are the hats; they were packed up in a box and directed for Foster Nash , Chessom; I corded the box myself and nailed it down.
I went to Covent Garden market, and as I came up Holborn by an arch near St. Andrew's Church, I saw this bag lie close against the wall, I took it up and came down Holborn; I met one Mrs. Bradley a market woman; she asked me how I did; I said I have been very lucky this morning, I have found a prize.
For the Prisoner.
Ann Bradley . I am a market woman; going to market one morning about two or three o'clock I met the prisoner; he told me he had found that bag with some hats in it; he lives in Rose-alley, Bishopsgate-street; I have known him no other way than as being at market.
The prisoner called two other witnesses who gave him a good character.
Guilty . T .
498, 499. (M.) CHRISTOPHER BOLD and GEORGE OSBORN were indicted for stealing one pair of mens shoes, value 3 s. a pair of metal buckles, value 2 d. a canvas purse, value 1 d. and fourteen shillings and sixpence in monies, numbered , the property of William Langley , May 24th .
The prosecutor was called, but did not appear.
Both acquitted .
500. (M.) ANN CLARKE otherwise GREEN was indicted for stealing a tea chest, value 1 s. three tin cannisters, value 6 d. a silver tea spoon, value 1 s. 6 d. and a linen sheet, value 2 s. the property of James Walker , the said goods being in a certain lodging room let by contract by the said James to the said Ann , June 24th . ++
The prosecutor deposed that he let the prisoner a ready furnished lodging; that he missed the several things out of the room that are mentioned in the indictment, which he afterwards found at a pawnbroker's.
They were produced by the pawnbroker, who deposed that he received them of the prisoner.
The prisoner in her defence said, that she intended to have redeemed the goods, and restored them to the prosecutor.
Guilty . T .
*** The third and last part of these proceedings will be published in a few days.
Of whom may he had, the eighth Edition of BRACHYGRAPHY, or SHORT WRITING Made easy to the meanest Capacity, Price bound, 8 s.
This Day are published, Price Six-pence, The Trials of the Prisoners at the Assize at Chelmsford, Before the Right Honourable Lord MANSFIELD,
NUMBER VI. PART III.
Printed for J. WILLIAMS, No. 39, in Fleet Street.
King's Commission of Oyer and Terminer, and General Gaol-Delivery, held for the City of LONDON, &c.
(M.) ANN CLARK otherwise GREEN was a second time indicted for stealing a linen table cloth, value 1 s. 6 d. and a silver tea spoon, value 2 s. the property of William Brander , the said goods being in a certain lodging room, let by contract by the said William to the said Ann , July 2d . ++
The prosecutor's wife deposed that she let the prisoner a furnished lodging; that having missed the things mentioned in the indictment she questioned the prisoner about them, who acknowledged she had pawned them, and gave her the pawnbroker's ticket; that she went to the pawnbroker's where she found the table cloth and tea spoon.
The prisoner in her defence said she did not confess that she had pawned them.
Guilty . T .
501. (M.) ELIZABETH PRIOR , spinster , was indicted for stealing a silk purse, value 2 d. nine half crowns, one Spanish dollar, value 4 s. 6 d. and two shillings in money, numbered , the property of Thomas Lane , June 11th . *
Thomas Lane, I am a sawyer ; as I was coming home on Saturday the 11th of June I met the prisoner in Rosemary-lane; she asked me to go home with her; I was a little in liquor, I went with her; I had the money mentioned in the indictment in a purse.
Q. Did you make any bargain what you was to give her?
Q. Did you go to bed with her?
Lane. I lay upon the bed, I did not go into bed, I lay upon the bed with her about two minutes, then she ran down stairs and said she would get a light; she never came up again, and immediately I missed my money.
Q. Was it a dark or light place that you picked her up in?
Lane. A dark place, but I knew her before; I took her up the next morning, but I did not find any of my money upon her.
I never saw the man before in my life.
Guilty . T .
ELIZABETH PRIOR, spinster, was a second time indicted for stealing two linen handkerchiefs, value 1 s. twenty-four halfpence and eight shillings in money, numbered , the property of Robert Prowrett , May 28th .
Q. Was there a light in the room?
Q. Are you sure the prisoner is the woman?
Prowrett. Yes; I lay down upon the bed; she never came to bed at all; I had eight shillings and twelve pennyworth of halfpence in my pocket, and two linen handkerchiefs.
Q. How long did you lie down upon the bed?
Prowrett. As soon as I had doft my clothes I went into bed; she took my breeches from under the bolster and ran down stairs.
I was not upon Salt Petre Bank while Bow-fair was.
Guilty . T .
Edward Fielder . I was going past the Horse Guards on the 22d of June; the prisoner asked me if I would give her any beer; I said I would if she was thirsty; we had three pints of beer at a public house; I said if she was hungry I would give her some bacon and veal I had in my pocket; we went and eat it together; after that I went home with her to her apartments; we went to bed there, when I went into the room I said don't take my money because I have a bill to pay; she promised me she would not take it; I locked the door and put the key upon the mantle-piece; when I waked the prisoner was gone and I missed my money; the door was open and the key was upon the ground; there was no one in the house but she and I; she was taken up on the 24th.
The prisoner in her defence denied the charge, but did not call any witnesses.
Guilty . T .
Mary Riley . As I was going down Tottenham court-road on the 29th of June, about ten o'clock in the morning; I was followed by the prisoner and by another person; I wanted to get rid of them; I went into a public house; they followed me into the house; they sat down on each side of me; I had twelve shillings and upwards in my pocket; I am certain I had it safe when I went into the house, for I had bought some cheese just before and had looked at my money; the prisoner sat on that side of me where my pocket was; I found his hand in my pocket; I had him taken up; he then confessed he had stole my money, that he had bought a handkerchief with part of it, and that the other man had the rest.
The prisoner in his defence said he knew nothing of the money.
Guilty . T .
504. (M.) WILLIAM WAINE was indicted for breaking and entering the dwelling house of William Burgess on the 28th of May , about the hour of one in the night, and stealing one pair of silver knee buckles, value 1 s. one cloth coat, value 10 s. one cloth waistcoat, value 5 s. two silk gowns, value 21 s. one cotton gown, value 10 s. one long lawn gown, value 10 s. one black quilted petticoat, value 10 s. one white stuff petticoat, value 5 s. two mode cardinals, value 24 s. four silk handkerchiefs, value 4 s. two black mode handkerchiefs, value 2 s. one lawn apron, value 5 s. four linen caps, value 1 s. one woman's hat, value 6 d. and four white linen handkerchiefs, value 1 s. the property of the said William Burgess , in his said dwelling house .
(The witnesses were examined apart at the request of the prisoner.)
William Burgess . I live in Spitalfields : I went out about nine o'clock in the evening of the 28th of May last: I belong to Greenwich College ; I left my brother College-man, Jacob Perry in the house; I came home about ten o'clock and found my house broke open, and I missed the several articles mentioned in the indictment, (repeating them).
Burgess. Perry came home before me; I saw the mark of a foot upon the door; the pannel of the door was pushed out.
Q. Was it a wet night?
Burgess. Yes, a very wet dirty night.
Q. Was it light whe n you went out?
Burgess. It was so dark I could not see to do any thing.
Jacob Perry I lodge in Mr. Burgess's house; I was at home when he went out; I continued in the house for about ten minutes, then I went out; I locked the door and put the key in my pocket; the street door has no key to it, so I only latched that; I returned at thirty-five minutes after ten o'clock.
Q. Was it light enough when you went out to distinguish a man's face?
Perry. No; when I came home I found the house open; I got a candle and then I saw my bed was let down and all my drawers open, and the things mentioned in the indictment were gone out of Mr. Burgess's room which was broke open; I went to Mr. Burgess and brought him home; Mr. Clarke afterwards came to me and informed me he had stopped a man with a bag; I saw many of the things in that bag, that were taken out of the house.
Francis Clarke . I sell fruit; I have known the prisoner from his infancy; I saw him with two other men on Saturday the 28th of May at about ten o'clock at night; it was a very wet night, and I was standing up at a gentleman's door on account of the rain; the prisoner and the two men had a bag; another man came up to them and joined them as they turned the corner; knowing the prisoner to be of a suspicious character. I followed them all up Wilkes's-street; they were about one hundred yards from the prosecutor's house; when I first saw them the prisoner turned round to me and said, d - n your eyes, what are you nosing of us? I said if you have done no harm you need not be afraid of my looking at you; then he said to the man who had the bag d - n your eyes he is down! he is down! meaning as I am told that I was watching them; I went on till they came to Wood-street which leads to Spitalfields Church; the man who had the bag wanting to 20 up Wood-street, he gave the bag to the prisoner; the prisoner said to him d - n your eyes, come this way, meaning that they should go down Brown's-lane; they continued going on till they came to the corner of Red-lion-street, and then he said to the man, d - n your eyes he is down; then they went up to the market; I then said to them if it is nosing, I must know who you are; then the prisoner pulled the bag from the other man's shoulder and said d - n your eyes ding it; he threw down the bag and then they run up the street; I called out stop thief! stop thief! I cried out, d - n your eyes, I know you, and you know that I know you; I took the bag to a butcher's in the market; from thence I took it to the gentleman's at whose door I stood when I first saw the prisoner; while I was there a person came in and said the prosecutor's house had been robbed; I went next morning to Justice Wilmot and gave a description of h: men.
Philip Gossest . I am one of Justice Wilmot's men; Clarke came to our office and described the prisoner; I knew him very well; we met the prisoner and four other men coming into Hackney five weeks ago; I asked them where they were going, they gave me some bad language; the prisoner cocked this pistol, (producing it) and presented it to me; I knocked it out of his hand, then I presented my own pistol to him and held him against the wall; I said I would shoot the first man that came near; Mainwaring, another of Mr. Wilmot's men, laid hold of another of the men; somebody threw up a sash, and the other three ran away; the man that Mainwaring laid hold of afterwards made his escape.
I have witnesses to prove that Clarke has said he did not know any of the persons he saw with the bag; Gosset is a thief-taker; he has got this man to swear my life away for the sake of the reward.
For the Prisoner.
Thomas Stargess . I am a weaver in Shoreditch; I was talking with two or three men in the street, the morning after the prosecutor's house was robbed; Clarke came by and told us of the robbery; he said he followed four
Clarke. I said no such thing.
Joseph Newman . I am a sawyer and live in Shoreditch; I have known the prisoner from his birth; on the Saturday night that this house was broke open, I was going to Bow Fair; about a quarter before nine o'clock, I met the prisoner in the road; I spoke to him and then went on to Bow Fair.
Q. How far is that from the prosecutor's house?
A By-stander. It is about a mile and a half.
John Ashby . I was going with my mate to Bow fair; we had been at work in Trinity lane; I saw the prisoner at Bow about a quarter before nine o'clock; I never saw the prisoner before the young man that was with me told me he was his cousin.
Guilty . Death .
506. (2d M) ANN LOTON was indicted for stealing a silver watch, value 2 l. a brass key, value 2 d. a steel chain, value 4 d. two silver table spoons, value 12 s. five silver tea spoons, value 10 s. a blue silk gown, value 15 s. a cotton gown, value 6 s. a black silk gown, value 21 s. a black silk hat, value 5 s. a pair of green silk shoes, value 5 s. a linen shift, value 3 s. a damask tablecloth, value 3 s. a shirt body, value 6 s. a linen sheet, value 10 s. two muslin aprons, value 21 s. and three cloth aprons, value 12 s. the property of Thomas Dutton , in the dwelling house of the said Thomas , June 21st . ++
Thomas Dutton . On the 21st of June, in the morning, I went down stairs and found the prisoner in the kitchen; there was no fire lighted; I came up stairs again; I missed a watch that hung up by the chimney; in a few minutes time I missed two tea spoons that I am certain were there the evening before; this was in the morning between seven and eight; as soon as I got up I missed two gowns of my wife's
Martha, the wife of Thomas Dutton . In the morning I came down to breakfast; I went down into the kitchen; I found the fire not lighted nor the windows open; it surprized me; I went up into the servant's rooms; I found she was gone and her clothes; I then missed a pair of new silk shoes and a couple of table spoons that I had at supper the night before; then I missed the rest of the things mentioned in the indictment (repeating them.)
Peter Senhouse . I was at the Brown Bear in Bow-street; a woman came out of Hart-street and said there was a person there that had robbed Mr. Dutton; I went up and took the girl down with me; going down Hart-street I asked her where the place was; she said she had got it in her pocket; I took her into the White Hart in Hart-street; I found the watch, four spoons, and two table spoons; I asked her where the other tea spoon was; she said she sold it for two shillings to the pawnbroker in Vine-street; I went with her and found it there; afterwards she took me to her lodgings and shewed me these things. (They are produced and deposed to by the prosecutor and prosecutrix). I found the spoons and the watch upon her; she confessed they were her mistress's property.
I have no friends: there were lodgers in the house; I took the spoons for safety, and put them in my pocket with intention to return them again.
Guilty . T .
507, 508, 509. (M.) CHARLES WOODWARD , JOHN WALKER , and HUMPHRY INGRAM were indicted for stealing one cloth coat, value 1 s. one duffel coat, value 1 s. twenty-four copper farthings, value 6 d. nine oranges, value 4 d. twenty gingerbread cakes, value 18 d. and one quart of nuts, value 2 d. the property of Joseph Keeling , June 11th . +
Martin Murphy , in his dwelling house , June 26 . *
511. (2d M.) THOMAS FEATHERSTON was indicted for breaking and entering the dwelling house of John Zeidler , on the 21st of May , about the hour of nine in the night, and stealing a hair trunk, value 1 s. a plain gold ring, value 7 s. a silk gown, value 10 s. a pair of woman's stuff shoes, value 3 s. a pair of woman's leather clogs, value 3 s. a cloth cardinal, value 10 s. a camblet gown, value 5 s. a pair of worked muslin ruffles, value 4 s. a pair of spotted muslin ruffles, value 4 s. a muslin apron, value 2 s. four pair of linen shift sleeves, value 2 s. three linen handkerchiefs, value 3 s. three linen caps, value 3 s. three pair of women's leather gloves, value 18 d. five yards of thread lace, value 1 s. and a mock mother o'pearl necklace, value 1 s. the property of Ann Jeffs , spinster , in the dwelling house of the said John . *
Ann Jeffs I am servant to Mr. Zeidler; I was alone in the house at the time it was broke open; I went up into the garret where my box was. I saw a hole in the cieling, and missed the things mentioned in the indictment (repeating them).
Q. Was it light or dark at the time you discovered it?
Jeffs. It was quite dark; I had been up in that room about half an hour before; it was so dark then I was obliged to have a candle; the cieling was not broke at that time. I went to the public house for assistance and the prisoner was taken.
John Evans . Ann Jeffs came to me and told me her master's house had been broke open; I went there; I saw a hole in the cieling of the garret; they had got up an empty house, and so got to the top of Mr. Zeidler's house; they got into the cock lost, and then broke a hole through the cieling of the garret to put a hand through and unbolt the trap door; we found no one in the house, but in searching about we found the prisoner concealed in a necessary house. We found the things mentioned in the indictment in the empty house. The prisoner made a voluntary confession that he hid himself in the empty house till it was dark, and then got up to the top of that house and so broke into the prosecutor's house.
They gave me liquor at the watch-house to say so, which I did.
Q. to Evans. How far did you find the prisoner from Mr. Zeidler's house?
Evans. I found him over one yard; the trunk with the things in it was found under the stairs of the adjoining house. The prisoner called his sister, who said that the prisoner had been to sea; that she kept him till he got into another ship, but that he had run away from her for a fortnight; in which time he had got himself into Clerkenwell Bridewell.
Not guilty of breaking and entering the dwelling house, but guilty of stealing the goods to the value of 39 s . T .
John Burroughs . The prisoner came to my master's shop, and asked for a piece of silk binding for shoes at four shillings and nine-pence the piece; while I turned about to reach some down to shew him, I saw him take a piece of ribband; then I told him we had none, and sent him to a shop over the way; I informed my mistress of it; she sent one Richardson after him; who secured him. (The ribband was produced in Court and deposed to by the prosecutor.)
Q. to Burroughs. Is that the ribband that was delivered to the constable?
I picked up the ribband as I crossed the way; I put it in my pocket; I did not know what it was; as I was going home the boy laid hold of me; and said I had stole something; I never stole any thing in my life.
Guilty of stealing the goods to the value of 10 d .
513, 514, 515, 516. (M.) ARTHUR STEVENSON , JOHN CARR , JOHN SALMON , and THOMAS COOK were indicted (together with William Wright , not in custody) for that they in the king's highway, in and upon Elizabeth Brown , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person, a black silk cardinal, value 4 s. one pair of metal buckles, value 6 d. and six shillings in monies numbered, the property of the said Elizabeth , April 7th .
Elizabeth Brown . About nine o'clock at night of the 7th of April I was going from Bruton-street to Marybone; I saw a woman in Harley-street , near a stable-yard; I was going up to her to enquire the way to Marybone; she went into a house before I got up to her; two men came out of the stable yard and run past me; they joined two more and then all four came up to me; they immediately took off my hat and cloak, then one of them presented a pistol to me, he d - d my soul and said if I did not give them my money they would blow my brains out; I gave them six shillings; then they took my buckles out of my shoes.
Q. Do you know the persons of either of the men?
Brown. I am sure the prisoner Stevenson is one of them; the reason why I am more positive to him is, he swore more than the others, and was more rude to me; I heard nothing of them till the 27th of May, then I heard that five people were taken up for robbing me; but at the time I was robbed I saw but four; I went before the Justice, I told him the same as I have told your Lordship, and I immediately fixed upon Stevenson.
Elizabeth Biskett . I happened to drop in at the Noah's Ark at about nine o'clock at night for a pint of beer; Margaret Pierson called me out and desired me to pawn a cloak and hat for her; I pawned them at one Freer's, the corner of Parker-street, for four shillings; I came back to the Noah's Ark and gave Pierson the money; the next morning I went to the Noah's Ark for a pot of purl; I saw Stevenson and Wright there; I heard them say that they had stole the cloak the night before, and that the woman cried out for mercy.
Q. to the Prosecutrix. Did you cry out for mercy?
Brown. I did.
Biskett. I went home and there I met Mary Bellis ; I talked to her about these things that were pawned; she went and brought her mother's silver buckles and I pawned them for four shillings and sixpence; then I went and redeemed the hat and cloak and delivered them to Arthur Stevenson who gave them to Bellis; I afterwards pawned the cloak for her at Rutland's for two shillings and sixpence.
Q. Are you sure Stevenson is the man?
Biskett. I am positive he is.
Margaret Pierson . I saw Biskett drinking in the public house; Stevenson gave her the cloak and Salmon gave her the hat to pawn; I went with her to the pawnbroker's; I stood at the door while Biskett went into the shop; she brought out four shillings; I have seen Stevenson before; Biskett is a married woman and lives near the Noah's Ark; Biskett told me afterwards that she had got them out of pawn again for Mary Bellis , but I never saw the cloak and hat again.
Q. to Pierson. How came you to mention all their names?
Pierson. I said they were all sitting in a box in company together.
Jealous. She said she could tell me where the cloak, the hat and the buckles were; that the cloak and hat were pawned, and the buckles were sold for fourpence to a waiter at a public house; I took up Carr; I searched him but I found nothing upon him but a piece of crape; when I took up Stevenson he asked me what the charge against him was; I told him it was for robbing this young woman; he asked me if there were any more taken; I told him there were; then said he I shall be done; he desired me to speak for him to be admitted an evidence; I told him I would, and I did speak to Mr. Cox about it; but the Justice said that as he was the only person that the prosecutrix
Mary White . My name was Bellis, but I am now mar ried; Biskett told me of the hat and cloak being in pawn, but that she had nothing of her's to pawn to get them out, and I might get them out if I could; upon which I fetched my mother's buckles; she pawned them for four shilling and sixpence and got the hat and cloak out of pawn; when I saw them I was much concerned, for I found they were not worth near the money; all I could do therefore was to get as much as I could upon the cloak; I got Biskett to pawn it again, and she brought me half a crown.
I am quite innocent of the charge; I know nothing in the world about it.
I know nothing about it.
Stevenson and Salmon did not call any witnesses; and there being no evidence to affect Carr and Cook, they were not put upon their defence.
STEVENSON guilty . Death .
CARR acquitted .
SALMON acquitted .
COOK acquitted .
518. (M.) WILLIAM JENKINS was indicted for stealing a hundred pound and one quarter of a pound weight of lead, value 8 s. the property of Elizabeth lady Dowager Cathcart Richard Baynes , Esq ; Abraham Tucker , Esq ; Bridget Ash , spinster , and Mary Pearson , widow , May 24th . +
Henry Colledge . This lead that is produced belonged to my cistern, which is for the common use of the houses belonging to Lady Dowager Cathcart, Richard Baynes , Esq; Abraham Tucker , Esq; Bridget Ash , and Mary Pearson ; on the 24th of May the lead was brought into my house, I compared it with the cistern and found it belonged to it.
Negus. It is the I ad I took on the prisoner; I cut off a piece of it at the time, and the mark is now remaining.
West. I believe it to be the lead; the dirt and sand is on it in the manner it was when it was taken.
The lead found on me I found in a ditch not far from the place where I was taken; it was lost the night before I was taken.
For the prisoner.
Guilty . T .
519. 520. (M.) JOHN RANN and CATHERINE SMITH were indicted; the first, for that he in the king's highway, in and upon John Deval , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with the inside case made of silver, and the outside case made of black shagreen, value 10 l. and seven guineas in money, numbered, the property of the said John ; and the other for receiving the above watch, well knowing it to have been stolen , May 21st . +
John Deval . On the 21st of May last about nine at night, I rather think it was past than before nine; just beyond the nine mile stone between this and Hounslow I was stopped by two men on horseback; I was in a one horse chaise; one came on one side, the other on the other; I gave one on the one side seven guineas, to the other I gave my watch; I could not distinguish the persons at all it was so dark; I could not distinguish even the colour of their clothes; I advertised the watch, and as I had bought it of
Q. Did you understand what she meant by that?
Roach. Yes; She said she expected him home at ten o'clock; he did come home within about five minutes of ten, in a coach; they went up stairs into a room together, and he gave her five guineas, and this watch; I was there on the Monday night, and the prisoner Smith then had this watch by her side; Rann then was taken up; Sir John Fielding 's people were searching about these lodgings, and Smith put the watch in my hand; I put it on a chair and put the cover of a chair over it; so that it was not seen; afterwards I talked to her and said she did wrong in giving me the watch; that I might have been brought into danger; O, said she, as you do not live with him, if I had given you fifty watches you could come to no harm; when he came home he was in boots and spurs; I went afterwards to Mr. Allam's and told them where this watch might be come at.
I know nothing in the world of this robbery; all is false; I have known this woman for a considerable time; I think this is out of malice; she has often applied to me to take her; I had refused; I have sometimes let her have things; I gave her some shoes.
Roach. Somebody did give me shoes at Epsom; whether it was him or no I cannot tell.
Rann. It is all out of revenge because I would not keep her.
This is all false; I did receive the watch, but not from the prisoner; I received it from a person I met in the Strand; he took me to a tavern; he not having any money, took my direction, and promised to call for the watch, but he did not; she extorted it from my maid, with whom I left it in case the gentleman called for it.
Both acquitted .
521. (2d M.) FRANCES LESLEY was indicted for stealing a feather bed, value 6 s. a bolster, value 4 s. four linen curtains, value 2 s. six blankets, value 3 s. two pair of linen sheets, value 4 s. a linen quilt, value 1 s. a worsted and linen quilt, value 1 s. a brass fender, value 1 s. a brass candlestick, value 6 d. and a pair of brass snuffers and stand, value 6 d. the property of William Bonnick , the same goods being in a lodging let by him to the said Frances , June 27th . +
522, 523. (2d M.) JOSEPH BENNET and JONATHAN PRICE were indicted for stealing a stand cock, belonging to a fire engine, value 40 s. the property of the parishioners of the parish of St. James, Westminster , March 30th . +
William Rocket . I am a publican: I was master of the workhouse at the time the stand cock was lost; I had the key of the engine house; the door was found open in the morning, and the cock was missing.
Thomas Savoy . I am engine keeper: about two months ago I had the alarm of a fire; I fetched the engine from the engine house, and when I came to the fire I missed the stand cock; I sent a man back to the engine house to look for it, but it could not be found; I saw it in the engine a week before; it is the part we put into the plug to supply the engine.
John Paul . I was a pauper in the work-house about ten months before; about three months ago, I am not positive what day, about nine o'clock, the two prisoners and I went to the engine house and broke the door open; we agreed to take the stand cock; it is a sold useful piece by itself; Bennet took it out and Price put it under his coat; we went to Mrs. Maylin's in Falconbridge-court; I had part of the money; it was paid in the public house; the cock had engraved out it, belonging to the workhouse of St. James's.
Mary Maylin . I bought an old piece of metal of the prisoner Bennett, that they call a stand cock; it was broke and bruised when I bought it; I do not know that I ever saw the other prisoner.
Q. What weight was it?
Maylin. It is so long ago I cannot say; (a stand cock produced); it was not so perfect as this, it was broke, and not so long.
The prisoners said nothing in their defence.
BENNETT guilty of stealing to the value of 10 d . W .
PRICE acquitted .
- Wood. I am a watchman; on the 25th of May, about half after two in the morning, two of my brother watchmen informed me they had discovered a man on the top of Mr. Olney's house, and directed me to a house they saw him go in; I went into the house and in an empty room I found the prisoner lying on his back, and the lead and a chissel under him, wrapped up in an old shirt; I called to the other watchmen and gave them charge of him.
- Cleaver. I am a watchman; on the 25th of May between two and three in the morning, just by Mr. Olney's house, I heard a tile rattle; I told another watchman of it; we stopped a little and heard something rip; then we crossed the way and saw the prisoner on Mr. Olney's house with this lead (producing it) under his arm; we watched him over four or five houses and saw him get in at a garret window; then we alarmed the house; Wood went into the house and took him; he was taken to the Compter and afterwards to Guildhall.
Q. Are you sure the prisoner is the man you saw on the house?
Cleaver. Yes; it was light enough to distinguish a man.
- Cooke. I am beadle of the parish; I have had the lead in my custody ever since.
- Blower, another watchman, deposed, that being informed the prisoner was gone into the house, he knocked at the door, that they refused to open it, but being an officer he told them if they did not open the door he would break it open; that then they opened the door and he went in with Wood, and saw the prisoner lying on the lead.
I was out late at night; I called at one Hercules's, a shoe-maker; it was too late to go home; he said I might lie in the one pair of stairs of room; at two o'clock there was a noise, and the watchmen came into the house and laid hold of the shoe-maker and me; I am as innocent as the child unborn; I found this lead in the shoe-maker's house.
Guilty . T .
Edward Hore . I keep a wharf and warehouses ; the prisoner had been my clerk more than two years, when I took him up for this offence; he employed a man to carry this box of stockings to a wharf the bottom of Queen-street; I have a memorandum of it in writing, signed by the prisoner, (produces it), dated the 18th of May; a box marked B H, to be left till called for; underneath it is, Benson's wharf, J. Jefferson; on the back of the note there is the signing of the wharfinger who received the box; I know the prisoner's hand writing; I had the paper from Benson, the person who keeps the wharf, on the 19th or 20th of May; the box was landed at my wharf on the 17th, and missing on the 18th of May.
James Anderson . I am a porter at Hore's wharf; the prisoner employed me to carry a box to Benson's wharf in Upper Thames-street; I had a written order, (the order shewn him); that is the order; the prisoner gave me the box
Hore. The box was opened at Benson's wharf, and I saw the stockings in it.
The prisoner called a witness who gave him a good character.
Guilty . T .
(2d M.) JOHN JEFFERSON was a second time indicted for stealing a wooden box, value 1 s. six pieces of linen cloth, value 12 l. 3 lb. wt. of coloured thread, value 5 s. twelve yards of velvet ribbon, value 5 s. four yards of scarlet sattin, value 10 s. thirty yards of thread lace, value 15 s. two black silk cravats, value 5 s. forty yards of striped gause, value 4 l. and thirty yards of spotted gauze, value 30 s. the property of Edward Hore , May 20th. ++
Edward Hore . When the prisoner was taken he confessed he had sent this box of things to his uncle's at Newington Butts; I talked to him about it and gave him an hour's deliberation, and then he voluntarily confessed that he sent the things to his uncle's.
The prisoner in his defence said, he never did confess that he sent the box to his uncle's.
He called two witnesses who gave him a good character.
Guilty . T .
526. (M.) WILLIAM GARMENT was indicted for that he in the king's highway, in and upon John Frances , did make an assault, putting him in corporal fear and danger of his life, and taking from his person nineteen shillings and sixpence in money, numbered, the property of the said John . ++
(M.) WILLIAM GARMENT was a second time indicted for breaking and entering the dwelling house of Dominico Angelo , on the 27th of April , about the hour of two in the night, with intent the goods of the said Dominico to steal .
527, 528. (L.) BENJAMIN SOWDEN and ELIZABETH PHILLIPS were indicted for stealing a linen sheet, value 3 s. a copper pottage pot and cover, value 3 s. and a copper tea-kettle, value 2 s. the property of Thomas Smart , June 24th . ++
Sarah Smart . I am the wife of Thomas Smart : I let lodgings to the two prisoners, who lived together as man and wife. On the 22d of June they delivered up the key to us in the morning, and left the house; I went into the lodging, saw the copper pot and kettle safe; when I sent the maid up in the afternoon to the room, she informed me it was stripped; I went up and found it was so; the prisoner was taken up; I did not know she had been in the house then, but I had a suspicion; on which I charged them both; afterwards Phillips said she took the things, and pawned them by the direction of Sowden.
Richard Rumble . Elizabeth Phillips , the prisoner, pawned the things with me on the 24th; Sowden came afterwards to enquire about them; and asked how much money had been advanced upon them; he suspected Phillips, whom he called his wife, had not accounted to him for the full money.
I know nothing how Sowden came by them, but he gave them to me.
I did not know that Phillips did it.
They called several witnesses to their character.
Both guilty . T .
529. (2d M.) SARAH BATEMAN was indicted for stealing a cotton gown, value 2 s. a linen shift, value 1 s. a cheque linen apron, value 1 s. a muslin apron, value 1 s. a quarter of a yard of linen cloth, value 1 s. and a silk handkerchief, value 12 d. the property of Francis Hazard , May 31st . +
I was going to see an acquaintance at Brentford; I put them on and intended to return them.
Guilty . T .
Q. What age is the child?
Radford. About three years. On Wednesday se'ennight she came into the garret where I was at work, and complained greatly of something that was the matter with her private parts; my wife examined her, and said she did not look as usual, and that there was a wetness; the child grew worse, and discharged a great deal of matter; on the Tuesday following the child cried very much and was unable to make water; I then called the prisoner, who was my boy, and asked him if he had done any thing to the child; he said nothing; I put on my hat and told him I would take him before his betters; he then told me he put his finger up the child to the middle joint; I asked advice of a friend what to do; he advised me to take him before the alderman; I then sent for a constable, and the boy cried out, forgive, forgive; the constable asked him what he wanted to be forgiven for; he said what he had done to the child; I asked him what he did to her; he said he put his middle finger up the girl's private parts, but denied he did any thing else. On further charging him, he said he put all he had into the girl, and the way he did it was by throwing the girl upon him.
Henry Dawson . On the fifth of this month Mrs. Radford came crying to my house, and said my child is ruined! is ruined! and begged I would go with her; I went; Mr. Radford told me his boy had owned he had had to do with the child, and he was afraid she was foul; I advised them to send for a constable; he sent for Mr. Clarke; when he came, the boy said he entered the child twice, once as he sat on the chair, and once on the bad; he said he spread her thighs open, and put his c - k into her as far as he could. I went with the child to a surgeon, and he said he thought by some means that the child was foul.
- Clarke. I am a constable; I was sent for to take charge of the boy; I asked him what he had done; he said he had used the child very ill; I asked him which way; he said he made use of his finger first, and then he got her a-cross his lap, and put what he had into her.
Q. Were any promises made to the boy to induce him to confess?
Clarke. Not that I heard.
Q. to the father. Did you make any promises to the boy to induce him to confess?
Radford. In the morning I said if he would tell me truth I would forgive him, but then he would not confess any more than putting his finger into the child, but afterwards when the constable came there was nothing said about forgiving him.
Q. You never cautioned him by telling him you would not forgive him?
James Samuel Oldham . I am a surgeon: I saw the girl. On Tuesday last they first brought a clout to me, which looked very indifferent; I told them I did not like to have any thing to do in these things; if they would fetch the child I told them I would examine it; when they brought the child I found there was a great laceration and inflammation; on this I at first thought the child had the venereal; I then searched the boy, but found no symptoms of it on him. I apprehend all the child's complaint arose from the laceration; I imagine it might be occasioned by his finger, as he said he put his finger up; I observed he had long nails, which might have scratched and wounded the parts.
Q. Do you think a boy of his age could enter such a child as that?
Oldham. No doubt of it; but the finger would have produced all that I observed: the prisoner is very small in his private parts; his finger is larger than his parts.
I did do it; I put my finger up the girl; I did no more.
*** The prisoner is about fifteen years old, but remarkably little of his age.
531. (M.) WILLIAM ROYLE was indicted for that he in the king's highway, on Thomas Morrill , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one watch with the inside case made of gold, and the outside case made of metal, value 5 l. one walking stick, value 2 s. and sixteen shillings in monies, numbered, the property of the said Thomas , Aug. 11th . ++
Thomas Morrill . I was in a one horse chaise with two ladies in the Hampstead road on the 11th of August last, between nine and ten o'clock at night, two persons rushed out, one on each side the way; they came up to the chaise; the prisoner was on the side I sat on; he presented a pistol, and said, d - n your eyes deliver this instant! G - d d - n your blood, your rings and money, or, G - d d - n your blood, I will shoot you! Sitting close with two ladies in the chaise I sweated, and my watch stuck; I could not draw it out; I believe I said, d - n you, take it out yourself; I put my hand into the pocket I generally keep my silver in; I took out about fifteen or sixteen shillings and threw it into his hat; said he, where are your rings? I said you have had every thing: he kept a pistol against my head, and he held a cutlass in his hand; the other man then jumped up into the chaise, and said, d - n your eyes, you bitches of bell, deliver your money!
Q. Are you sure the prisoner at the bar is one of the persons that robbed you?
Morrill. I am sure.
Q. When did you see the prisoner after this?
Morrill. I did not see him again till I received a note from an attorney in Castle-yard, informing me that Sir John Fielding desired to see me; I went to Sir John Fielding 's, and there I saw the prisoner; Sir John asked me if I knew that man; I said I knew him very well; I told Sir John I should be glad to be excused from the trouble of prosecuting, but he would not let me get off. He called for the ladies.
Court. You must not mention any thing they said.
Morrill. They could not speak to the person of the prisoner.
Q. Are you certain as to the identity of the prisoner?
Morrill. I am.
Q. This was between nine and ten o'clock at night, what kind of light had you?
Morrill. There was a very good light came from over the fields; his holding the pistol and cutlass to me causes me to take so much notice of his person that I should have known him seven years afterwards. I am positive that he is the man that robbed me, or I would not have prosecuted him.
Q. from the prisoner How came you to be so certain to my face?
Morrill. My lord, I looked stead fastly in his face all the time I was robbed, and while they were rifling the ladies.
Q. Did you advertise the men?
Morrill. I did. I had some thoughts of pursuing them, but they cut the reins of the chaise.
A Witness. I took the prisoner up in consequence of a warrant on the 11th of May: that warrant was for another charge.
I am as innocent of the charge as a child that is unborn. I was always a hard working man; I was a gardener to General Day . I am certain sure I am not the person that ever was concerned in such an affair; to the best of my knowledge I was at work for Mr. Baker, at Hoxton, at the time; I did not think to have him here: I have several witnesses to my character.
The prisoner called three women who gave him a good character.
Guilty . Death .
Sarah Neale . On the 31st of May, between nine and ten in the evening, I took a coach in Oxford-road; as I was going into the coach I gave the man the shilling, and bid him drive to Argyle-street; he drove me down into Soho-square ; there he came into the coach, and said he would have his will of me or my life; he
Q. You must tell what he did to you?
Neale. He had proper satisfaction of me, the same as my husband would.
Q. What did he do to you after he had thrown you down in the coach?
Neale. He had satisfaction of me.
Q. You must answer my question - Were his breeches unbuttoned?
Neale. Yes; he pulled my clothes up and had his will of me.
Q. What did he do when he pulled your clothes up?
Neale. He put what he had into me.
Q. Did any thing come from him?
Neale. Yes; I have been ill with it ever since.
Q. How was you lying when he had to do with you?
Neale. On the bottom of the coach between the two seats?
Q. Were both the doors of the coach shut?
On her cross examination she said her husband was a hackney coachman, and lived in Bloomsbury; she was asked how far she was from Argyle-street when she took the coach; she said she did not know the street; she was asked how she came to walk to Oxford-road, and then when she was so nigh Argyle street to take a coach; she said she was not well, and could not walk any further; she was asked if she did not tell him she was a coachman's wife; she said she did not; she was asked if they did not go and drink together; she said they were not in any house together; she was asked if they had any conversation in the coach; she said they had none at all; she was asked how she came to pay him beforehand; she said she knew he must be paid, and thought then she should have nothing to do but get out; she was asked if it was a light night; she said no, but it was light enough to take the number of his coach, and she did take the number of it.
Court. Are you sure both the doors of the coach were shut?
533, 534, 535. (M.) JOHN CLARKE , JOHN PULLEN , and WILLIAM ROOKE were indicted for stealing a silver pepper box, value 5 s. a silver strainer, value 5 s. two silver salts, and two silver salt spoons thereunto belonging, value 10 s. four large silver table spoons, value 12 s. five silver tea spoons, value 4 s. a pair of silver tea tongs, value 1 s. another silver strainer, value 1 s. a tortoiseshel snuff box, set in gold, value 10 s. another tortoiseshell snuff box, figured with silver and pearl on the lid, value 1 s. a silver watch, value 20 s. a gold seal, value 10 s. and two silver seals, value 5 s. the property of William Pretty , in the dwelling house of Thomas Jones . May 24th . *
William Pretty . I lodge at Mr. Jones's: I had, on the 4th of May, been walking in Kensington-gardens; I sat down on the bank to rest myself, Clarke came and laid down by me; he unbottoned his breeches and behaved indecently; I got up and went off; he said he was a gentleman's servant out of place, and begged charity; I thought he was in distress and gave him eighteen pence, but I was angry with him; I did not like him; he followed me at some distance; I did not perceive him to be near me; when I came to Grosvenor's-gate, Pullen came up and said if I would not give them half a guinea, they would swear s - y or indecent behaviour against me; that Clark would go before a Justice and swear I attempted s - y, or some such thing; I was terrified at this and gave them half a guinea; I went home; on the 24th of May they came to my lodgings, I had never seen Rooke before the 24th of May, they all three came together at eleven o'clock in the morning; Mr. Jones and his wife called me and said somebody wanted me; I went up stairs, they all three followed me up stairs; I lodge in the first floor; Pullen spoke first and said unless I would give him twenty guineas, Clarke had got a Justice's warrant to take me up; I said I had got no twenty guineas, nor neither would I give them any, for I was no such person, nor would I give them any thing; they made use of several oaths and bitter words, and I was much terrified; they said here is plate enough, we will take this plate; I was terrified and thought I should have been murdered; I made noise enough in the room, but they did not hear me below; they unlocked my beauset door and took this plate and snuff box; they said I must give them a note for nine guineas; Rooke wrote the note, what he wrote I do not know, but they made me sign it, and how I signed it I do not know, I was so terrified; Pullen unlocked the beauset door, all three handled the plate and took it away with them; I said it was but indifferent plate; it was old family plate; it had been myJohn Fielding 's and had his men for three days in order to take them; they took my rings from the hook, my stock buckle from my stock. I said I would not part with my ring; Rooke bid them let the rings alone.
Q. What time of day was you at Kensington-gardens on the 4th of May?
Pretty. About eleven in the morning; I had been there an hour and a half.
Q. How came you to give Clarke eighteen pence?
Pretty. Out of charity.
Q. Did you think such a man deserved charity?
Q. Why did you then give him half a guinea; why should you be terrified, an honest man has no occasion to be terrified in the middle of the day?
Pretty. I did it out of charity.
Q. That is the strangest idea of charity that I ever heard; how came you to give Pullen half a guinea, did you give that out of charity?
Pretty. Because I thought I should hear no more of it.
Q. Did they take away the plate with or without your consent?
Pretty. Not by my consent.
Q. You could have refused signing the note?
Pretty. I was so frightened I did not know what I did. I was below stairs, they followed me up; I did not see who was behind me till I got up stairs; when they came into the room they shut the door but did not lock it.
Q. Had not you seen them in the street before they came up stairs?
Pretty. No; I had never seen any of them from the 4th to the 24th of May.
Rooke. I went and enquired if he lived there; Mrs. Jones said yes; I asked if he was at home, she said yes; Mrs. Jones called him out of the cellar; Pullen spoke to him first and said how do you do sir, you remember me; he said hah, I do, and trembled, and said, walk up, walk up, then Pullen said, come up Mr. Rooke, this is the man I have been telling you of.
Pretty. I did not see Pullen nor Clarke till I got into my room.
Q. from the Prisoners. Did not you unlock the door and give us some rum?
Pretty. They took the bottle of rum and helped themselves; the key was in the door, Pullen unlocked it.
Clarke. He passed me two or three times; he said he had seen me some where before, and turned round and said I was a pretty fellow; he put his hands upon my thigh and asked me if I could make it stand; I called him all to pieces; he bears the character of a s - e; he gave me eighteen pence; I would not have it, but insisted he should go before a Justice.
- Jones. Mr. Pretty is my lodger; I had been out on the 24th of May; when I came home there was Rooke and Pullen there; my wife was on the kitchen stairs calling Mr. Pretty up; Rooke was in the parlour, and Pullen in the passage; Mr. Pretty went up stairs and Pullen followed him; I asked Rooke if he had any business with me, he said no he wanted to speak with Mr. Pretty; I desired him to walk up into Mr. Pretty's apartment, which is the first floor.
Q. If Pretty had made any noise you would have heard it?
Jones. Yes, but after these men were gone up stairs I went out on business; when I came home my wife said another gentleman had gone up; I was behind the Compter, Rooke and Pullen went out, and said they were sorry they gave me so much trouble, going in and out. Mr. Pretty came down to dinner at half after one o'clock; he trembled very much; he did not tell me of it till the Friday morning, when I went to Sir John Fielding 's. The same day this happened, when he came down to dinner he trembled much; I said to him what is the matter, you seem flurried? he told me when these men came in it frightened him in such a manner, he did not know what to do, and he was ashamed to tell me of it; he said they threatened to swear s - y against him if he would not give them twenty guineas; he did not tell me this till the Friday.
Q. When Rooke and Pullen came down stairs, did you see any thing in their hands?
Jones. I saw nothing at all. Mr. Pretty has lodged at our house a quarter of a year, and half a quarter; he lodged at a grocer's a twelve month before; I never heard a bad character of him.
Rooke. Mrs. Jones had a suspicion, what we
Q. Did you ever hear such an imputation upon him that he was suspected of such a thing?
Jones. I never did.
Court. Mr. Pretty, you seem a gentleman, there is something very aukward in this business, I should think it would be proper to call somebody that knows you; when did you make your complaint first at Sir John Fielding 's?
Pretty. Not till Thursday.
Thomas Robinson . I am a constable; I was employed to search Clark's lodging. On the 24th of May I had a warrant from Justice Wright, and went in company with Mr. Scott; I forced the parlour door open and found Clarke in bed; he trembled very much. On the top of the corner cupboard I found this snuff box; while he was dressing himself Pullen came in; he said that was the other: Rooke had been apprehended before upon another occasion for extorting money in the same way; Mr. Pretty charged them with having falsely extorted money from him in the first place, and afterwards for robbing him.
John Godfrey . I live in Red-cross-street, in the Borough: I have known Mr. Pretty nineteen years; his brother boarded with me eleven years; I knew his wife and all the family. I never heard a charge of this nature suggested against him in my life; I heard from his brother that about four years ago there was something of this sort, and they got about five guineas out of him; if they had asked him for fifty or a hundred they would have got the money immediately I believe.
Q. Do you look upon him to be a weak man?
Godfrey. Yes, I do, a very weak man.
Pullen and Rook in their defence said, that Clarke informed them that the prosecutor had attempted to commit an unnatural crime upon him in Hyde Park; that Clake desired them to go with him as witnesses to the prosecutor's; that when they came to the prosecutor's lodgings he shut the door, and not having any money by him, he gave them the note, and gave them the plate to keep as a security till the note was paid.
He offered to commit some indecencies with me, and he gave me these things not to expose him.
As the prisoners, in their defence, asserted that the prosecutor had given them the things mentioned in the indictment in order to prevent Clarke's prosecuting him for s - l practices; they informed the Court that there were some gentlemen present, who if called upon, would declare that the prosecutor had the character of being addicted to atominable practices. The Court then said, that if there were any persons present, who knew any thing of the prosecutor, it was their duty to give the Court information concerning his character; upon this the following witnesses were examined:
Q. What is the prosecutor's general character as to modesty, is it the general reputation that he is a s - e?
Eccles. Several in Court I believe have heard it as well as me.
Q. Before the rise of this affair?
Eccles. O yes; I know a gentleman that can bring it home to him.
Q. Do you know any thing of h is character?
Vardey. I have heard something of this kind thrown out since this affair.
Q. Of suspicions relative to this affair or to others?
Vardey. To others.
All three acquitted .
(M.) WILLIAM ROOKE was a second time indicted for that he in a certain field and open place near the king's highway, on Joseph Fowle did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. and fourteen shillings in money, numbered, the property of the said Joseph , May 7th . *
Joseph Fowle . I am clerk to Mr. Jenkins of New Inn: coming home to my lodgings on the 7th of May, at a little past eleven o'clock at night, I met with a young woman; I agreed to go with her into the Park; as we passed near Carlton house, the prisoner crossed the way, and looked full in my face; when we came to St. James's gate I saw the prisoner close behindMall to the pails; we had not been there above a minute when the prisoner came up to us, and in a rough way asked me what business I had with that woman, and began to curse and swear very much; upon this the woman went away; then the prisoner laid hold of my arm and said he must have some money; I told him I would give him none; he then said I had my choice, if I would give him some money it was very well, if not he would charge the watch with me, and accuse me of attempting to commit sodomy with him; I was so exceedingly terrified upon a charge of that kind, and being in so solitary a place, I told him if four or five shillings would satisfy him I would give him that; he said that would not do, he must have all; I then took out my money, which was fourteen shillings in silver, and some half-pence, and gave it to him; then he insisted upon having my watch, I told him it was of little value, and being a family watch I did not like to part with it; he took hold of the string and pulled it forcibly out of my pocket; then he told me if I would send three guineas to a public house, the Vine I think it was, I should have my watch again; he said his name was William Rooke , but I should put upon the paper W. R. only; I told him I did not chuse to go to a house such people used; then he asked me where I lived, and proposed going home with me; I told him a different place from where I lived, and that our family would be a-bed, and I should not be able to get the money; then he said if I would meet him in the Park at nine o'clock the next evening and bring him five guineas, I should have my watch again; I promised to meet him at that time; I went at nine o'clock accordingly, and met him in the Park; I gave him five guineas, and he gave me my watch; then he insisted upon having three guineas; when he had got that he insisted upon having three guineas more, and he made me promise to send three guineas next day to the Vine, but I did not intend to do it; I apprehended I had rid my hands of him; on the next Wednesday, which was the 11th, he came to my lodgings and told me that as I had not kept my word in sending him three guineas he would now have ten guineas; I gave him ten guineas; then he asked me if I had any left off clothes; I gave him some; I asked him how he found out where I lived; he said he accidentally saw me go into the house while he was drinking at a public house. On the Thursday se'ennight, which was the 19th, a man brought me a letter from the prisoner, the contents of which were, that he was going to be arrested for sixteen pounds, sixteen shillings, and sixpence, and hoped I would lend him the money upon his note; the next day the person that brought the letter called for an answer: I told him it was of such a nature that I would give no answer to it; the next afternoon, which was Saturday, I met the prisoner in the street; he told me he was coming to me for the loan of the money he had wrote for; I told him I had not got the money, but if he would call on Monday evening I would see what I could do for him; I then asked the advice of certain friends how it was proper to act.
Q. Had you mentioned it to any body before this?
Fowle. No, not to any one breathing; I would not for ten times the sum he has had of me have an affair of this sort known; for in a matter of this sort a man's character should stand free of suspicion; my friends advised me to apply to Sir John Fielding to have the prisoner apprehended; and when he came to me he was apprehended accordingly.
Q. Is the woman here that you went into the Park with?
Q. Have you ever advertised for her?
Fowle. No, but I have been to several houses where I might expect to meet with her.
Q. You was certainly in a great fright the first night; but how came you to go the second evening and give him five guineas for your watch?
Fowle. I would not have lost the watch for double the money.
Q. Where had you been that night?
Fowle. I had been alone at a coffee-house at Charing-cross.
Q. There are some aukward circumstances in this case; have you any body here that knows you?
Fowle. I have sent for Mr. Jenkins and Mr. Smith.
The prisoner in his defence said he was going through the Park to Petty France; that the prosecutor, who was not in company with any woman, came to him and behaved very indecently, upon which he knocked him down; that a soldier came up upon this, and the prosecutor gave them his watch and money, and begged they would not expose him.
Mr. Wells. I have known Mr. Fowle between four and five years.
Wells. Very intimately for about three; I have not been so intimately acquainted with him since he has been in town; he was an attorney at Bristol in a very pretty business; I never heard any thing of this kind of him in my life; he spent a pretty fortune and indeed lost his business by his extravagance with women.
Q. Do you take him to be a man of sense?
Wells. A man of very great sense.
Q. Then you think him not easy to be imposed on?
Wells. I should have thought not, but it is impossible to know how a man would act under such a charge as this; to be sure I should not have acted as he has done; every person of the city of Bristol I am sure would give him the same character.
Mr. Smith. Mr. Fowle has lived in my house half a year.
Q. Does he keep good hours or come in late?
Smith. Sometimes not very early, sometimes he stays late at the office.
Q. You never heard him suspected of a charge of this sort?
Smith. No, never; I have since this affair asked his character of some Bristol people, and find he bears a very good character.
Court. I recommend to the prosecutor to indict the prisoner for extorting money from him.
536. (L.) MARY HIGGS was indicted for stealing three muslin neckcloths, value 12 s. a linen shirt, value 10 s. 6 d. two pewter plates, value 9 d. and a flat iron, value 1 s. the property of Willoughby Brewer , May 24th . +
Second Court for publishing the said receipt as true well knowing it to be forged, false, and counterfeit. ++
Joseph Smith deposed that the prisoner picked his handkerchief out of his pocket; that the keys hung to the handkerchief; that he immediately turned round and caught the prisoner with the handkerchief in his hand.
The prisoner denied the charge, but called no witnesses.
Guilty . T .
I know nothing of the matter.
Guilty . T .
The handkerchief was a great way from me.
Guilty . T .
NATHAN NATHAN was indicted for stealing a linen tablecloth, value 6 s. and a silver tea spoon, value 1 s. 6 d. the property of Benjamin Solomon , June the 6th . ++
544. (L.) ELEANOR MORLAND was indicted for stealing two linen aprons, value 2 s. a linen tablecloth, value 2 s. a linen cap, value 6 d. a linen handkerchief, value 1 s. a linen shirt, value 3 s. a silver table spoon, value 8 s. and a pair of stuff shoes, value 2 s. the property of Thomas Robinson , June 11th . ++
Thomas Robinson . I hired the prisoner as a servant on the 2d of June; she was missing on the 11th, and then we found the things mentioned in the indictment wanting. On the Monday following I met with her in Holborn; I insisted upon her going home with me; she had on one of the aprons; the table spoon she had in her pocket; the rest of the things she said she had pawned.
The prisoner, in her defence, said her master lent her the things.
Guilty . T .
Ann, the wife of Thomas Green. I keep a shop in Shoreditch ; the shutters of my shop window were up, but the door was open; I saw a man loll over the counter, take out the till, and run away; I pursued him with the cry of stop thief! and the watchman stopt the prisoner.
Joseph Monk . I saw a man, who I think was the prisoner, throw down the till upon the cry of stop thief; we took him to the watch-house, and searched him; we found seventeen shillings and eight pence halfpenny upon him; he said, don't take it all, some of it was mine before.
It was my own money.
Guilty . T .
548. (L.) TIMOTHY FEATHERSTONE-HAUGH SKUTT was indicted for that being a person employed in the General Post Office, he did steal and take away a certain letter directed to the widow Ball, at Longbridge Deveret, Warminster, Wilts; and another letter directed to Mrs. Wood, at Hawarders, Flintshire .
Thomas Kemp , a sorter at the Post Office, deposed that the prisoner had been a sorter of letters in the Post Office for about two years; that on the 20th of May, the prisoner was suspected of having purloined some letters, and the witness was ordered to search him, which he aid, and found the two letters mentioned in the indictment in his breeches.
Mr. Parkin, Solicitor to the Post-office, deposed, that he received the letters on the 20th of May, from the last witness; that they had been opened, and that neither of them then contained any money.
Hannah Ball deposed, that she wrote the letters directed to her mother Hannah Ball , widow , that she in used a five and threepence in it, and sent it by Rebecca Ball to the Receiving-office in Parliament street.
- Kowning, a porter in the Post-office, deposed, that he received the said bag; that the outer bag contained two bags of letters, one of the postage of which were paid, the other of letters unpaid; that he delivered the bag of paid letters (sealed) to the prisoner, whose duty it was to open that bag, and to stamp the letters and sort them.
The other letter mentioned in the indictment, which also covered a five and three-pence, was in like manner traced through the hands of the different officers till it came to the possession of the prisoner.
The prisoner's counsel offered some arguments to prove that the offence committed by the prisoner, did not come within the meaning of the Act of Parliament upon which he was indicted, which arguments were answered by the counsel for the crown; but the court being of opinion that the prisoner's offence was not within the provision of the act. He was
He was a second time indicted for stealing a quarter of a guinea out of one of the forementioned letters . The evidence was nearly the same as on the former trial: he was found guilty of this indictment, for which he received sentence to be transported .
"that it was administered
"by him on the 23d of November 1772,
"to a person that answered to the name of the
"defendant" (the affidavit read).
"that he drew up the affidavit,
"and was present when it was sworn by
Henry Bentum . I have known Dancer, the prosecutor, many years; he was arrested and in confinement some time. On the 4th of January last he came to my house, and said he had heard of the woman that swore the debt against him, and asked me to go with him to see after her; we went to the Hercules eating house, where we heard she opened oysters; we went in there, and waited for her coming; when she came we bid her open sixpennyworth of oysters, and asked her to drink some beer; she chose some gin; I asked her if her name was Todd; she said, yes; I told her I understood she had done a job for a friend of mine, Mr. Mitchel, and had three guineas for it; she said, yes; I said I believe you swore a debt against one Dancer; she said, yes, she did, and she believed he was in the Marshalsea some time; I said did you ever see Dancer; she said, no; I then said I want you to do a job for me; she said it was worth five guineas, that she would not do it under, and would not swear against any man again without seeing him first; I then told her that was Dancer; then she called us a couple of rascals, said she would have nothing to say to us, and bid us go out of the house.
For the Prisoner.
"that the prisoner sold oysters
"and salmon at his door; that her husband's
"name was Bundy; that they had been married
"twelve years, and that he never knew her
"go by the name of Todd; that she was an
"industrious woman; that he never heard any
"imputation on her character; that he did not
"believe she could write."
John Peate , a broker in Lombard-street, deposed,
"he had known her ten years; that she
"bore a good character; that he did not believe
"she could either read or write."
- Whitaker, a musical instrument maker at the Royal Exchange, deposed,
"has known the prisoner sixteen years; that
"she bore a good character."
"that he had known the prisoner
"ten or twelve years; that he believed
"her to be an honest woman and did not think
"she would sorswear herself."
- Kirby, a wire worker in Crooked-lane, deposed,
"that he had known the prisoner
"twelve or fourteen years; that he never heard
"any imputation on her character; that he did
"not think she could read or write." On his cross examination, being asked if he did not say to the prisoner when she was apprehended,
"d - d b - h, you know we all know you
"to be a d - d b - h, but I could not think
"you was quite so bad as this; he said he
"never said any such thing"
- Morrison deposed,
"that he had known
"the prisoner eight or ten years, and that she
"always bore a good character."
Mr. Salt deposed,
"that he was a ttorney
"for the prisoner; that he had known her
"twenty years; that she always bore a good
"character; that they were obliged to give notice
"of trial; that he sent to her to sign the
"notice; that she sent word she could not
"write nor ever could in her life; that she
"made a mark which he produced; that he sent
"his son twice to the office to get a sight of the
"affidavit, that he might know whether it was
"signed with a name or mark, but could not
"obtain a sight of it."
- Salt, the son of the last witness, deposed,
"that he applied for a copy of the affidavit in
"Clifford's inn; that the clerk said there was no
"such affidavit; that he did not know whether
"it was signed with a name or mark".
The Counsel for the Prosecution called
"he was at the
"Mansion house when the prisoner was apprehended;
"that he asked her her name, and she
"said it was Bundy; that he asked if she knew
"Mitchel; she said she did not; that he asked
"if she could read or write, and she said she
"could do both; that when she was in the
"house twenty people said she was a d - d
"bitch, and that Kirby in particular held up
"his hand at her, and said, you know we all
"know you are a d - d bitch, but I could not
"think you was quite so bad as this".
Guilty . T .
Frederick Norman . The prisoner came to me on the 23d of May, and said he was servant to Mr. Jones of Oldford, who is a printer; that his master's cart was detained in the Green-yard for having run against a gentleman's coach, and desired me to let him have half a guinea to redeem it; Mr. Jones does business for us; I let him have half a guinea.
Mr. Jones. I had not any cart in town I think that day; I am sure I had none in the Green-yard; the prisoner does not live in my service, he has not for two years.
I leave myself to the mercy of the Court: I have a wife and two children.
Guilty . T .
George Little , William Rice , and James Mallens , capitally convicted in April sessions, were executed at Tyburn, on Wednesday the 2th of May: and William Jones and William Hawke , capitally convicted in May sessions, were executed at Tyburn, on Friday the 1st of July. The rest of the capital convicts at the above sessions were respited during his Majesty's pleasure.
The Trials being ended, the Court proceeded to give judgment as follows:
Received Sentence of Death, 7.
Transportation for seven years.
James Devetree , Thomas Marshall , Moses Phillips , John Littleboy , Moses Abraham Giles - Thomas Roberts , Isaac Austin , Robert Corderor , Eleanor Moreland , Timothy Featherstone Scutt , William Esdail , Benjamin Sowdon , Elizabeth Phillips , John Tomlin , George Chevys , Mary Hobler , Ann Monk , John Allis , John otherwise Peter Mince, John Makan , William Jones , Jane Maid , Ann Lowton , David Simmonds , Susannah Bridgman, James Gifford , Ann Clark otherwiseThomas Waters , Thomas Hopkins , Thomas Featherstone , Sarah Bateman , John Jefferson , Daniel Neale , Elizabeth Prior , Sarah Colyer , Ann Glasby , otherwise Macoy.
Branded and imprisoned twelve months, 1.
George Little , William Rice , and James Mallens , capitally convicted in April sessions, were executed at Tyburn, on Wednesday the 2th of May: and William Jones and William Hawke , capitally convicted in May sessions, were executed at Tyburn, on Friday the 1st of July. The rest of the capital convicts at the above sessions were respited during his Majesty's pleasure.
Trials at Law, Pleadings, Debates, &c.
of whom may be had, the eighth Edition of BRACHYGRAPHY, or SHORT WRITING Made easy to the meanest Capacity, Price bound, 8 s.
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This Day are published, Price Six-pence, The Trials of the Prisoners at the Assize at Chelmsford, Before the Right Honourable Lord MANSFIELD,
Trials at Law, Pleadings, Debates, &c.
Of whom may be had, the eighth Edition of BRACHYGRAPHY, or SHORT WRITING Made easy to the meanest Capacity, Price bound, 8 s.
Of whom may be had, The Trials of the Prisoners at the Assize at Chelmsford, Before the Right Honourable Lord MANSFIELD,