NUMBER I. PART I.
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
BEFORE the Right Honourable BRACKLEY KENNET , LORD MAYOR of the City of London; the Honourable Sir WILLIAM BLACKSTONE , Knt. one of the Justices of his Majesty's Court of Common Pleas; The Honourable Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant ADAIR, Recorder; and others his Majesty's Justices of Oyer and Terminer of the City of London and Justices of the Gaol Delivery of Newgate, holden for the said City and Country of Middlesex.
First Middlesex Jury.
Second Middlesex Jury.
How do you know that it was in that closet? - I had it in my hand about five minutes before I went out of the room, and I then put it into the bandbox. I went out toJane Gardiner . The prisoner was taken up and carried before Justice Clarke; she owned there that she took the cloak.
Was any thing said to induce her to make a confession? - No; I asked the prisoner's mother who it was that took my cloak; the prisoner said she took it. The pawnbroker is not come with the cloak.
I was in the publick-house when the prosecutor came in for some beer; she came back again, and said she had lost her cloak. I went with the prisoner to the Justice's; she confessed that she had taken the cloak; and she said there was a hat and a bit of dark linen in the box when she took it out; she said she pawned it for five shillings, for her mother. The justice sent for the prisoner's mother, but the mother would not come to the justice's.
I pawned it for my mother.
NOT GUILTY .
2, 3. JAMES DAVIS and JAMES WOOD were indicted for that they with a certain offensive weapon called a pistol, in and upon Joseph Kinsey , feloniously did make an assault, with intent the monies of the said Joseph feloniously to steal, against the statute , November 20th .
I keep a cart to carry goods. As I was coming from Edmonton to London on the 20th of November, at about 3 o'clock in the morning, I saw the two prisoner, near Sadler's-Mill , on the road; judging what they were I stopped my cart. They came up to me. Wood clapped a pistol to my breast and said he would shoot me dead if I did not give them my money; my brother was in the cart, but he was asleep, and knew nothing of the matter. They searched my pockets and asked me for my watch; I told them I had not a watch, and that I had nothing about me but a bad sixpence and sixpenny worth of half-pence; upon which they said poor fellow, then let him go; and they did not take my money.
Was it light enough to discover these persons? - Yes, it was a star-light night; the moon was going down but it was very light. I am sure they are the men. They went away as soon as they had searched me. I saw a watchman about a quarter of an hour afterwards at Edmonton; I described the men to the watchman, and then I went on towards London. I sold the fruit I had in my cart, and as I was returning into the country I met the two prisoners in custody of the constable, who was taking them to Mr. Townsend's; immediately as I saw them I said they were the men who had stopped me.
I am a watchman. Between the Two Bells at Edmonton, the two prisoners passed my box, about five minutes before one o'clock; as they came up to my box. I jumped out like between them, and wished them a good morning, and they wished me a good morning. I took a little notice of them as they passed me. The prosecutor afterwards came and told me he had been stopped by two men, and described them to me. At about four o'clock the prisoners came back again towards London; as they answered the description the prosecutor had given. I stopped them. This pistol (producing it) was found upon Wood. As we were taking them to Mr. Townsend's, Kinsey came along the road; he immediately said, these are the men that stopped me last night; I will swear to them.
ABRAHAM LOOM sworn.
I am a constable. Coleman gave me charge of the two prisoners. I searched them. Wood said he had nothing but an old pistol
This young man and I went to see an acquaintance at Waltham-Abbey; we never stopped any person at all.
I had just come home from sea. As we were coming back from Edmonton the watchman stopped us, and secured us. The prosecutor, when he saw us in custody, said he believed we were the men that had stopped him, but he would not swear to us till they persuaded him to do so.
BOTH GUILTY .
(There was no Evidence to affect the Prisoner excepting his own Confession which it appeared to the Court had been improperly obtained from him, and therefore was not admitted to be given in evidence.)
NOT GUILTY .
On the 4th of November last, towards the morning, I met the prisoner and another soldier in Pall-Mall.
What are you? - I am a gentleman's servant . I had just come out of my place, but was engaged to another service. I wanted a lodging; they offered to procure me a lodging in Gardener's-lane, Westminster . I went there with them. After I had been there half an hour, the prisoner went down; I desired him to bring up a candle; he came up again without one; he then laid hold of me in the dark, put his hand into my breeches pocket, and took out what money I had, which was two shillings and sixpence. I had my clothes on, I had not undressed myself. After he had taken my money he went and fetched a candle and locked the door, drew his bayonet and swore he would have my life or I should give him my great coat and boots; he struck me, gave me three wounds upon my head, besides several bruises upon my body; the other man stood by, but said nothing. John Petit came and got me out of the room. I had been drinking about two pots of beer in the evening, but was not the worse for liquor.
Was the prisoner intoxicated? - I do not know that the prisoner was drunk.
I am a soldier. I was in bed at the house. I was getting up to work in the morning, for I work in the coal trade when I am not upon duty; I heard a bustle in the room for a quarter of an hour; then I went into the room to get my accountrements out of it, and I saw the Prosecutor all over blood, and the prisoner with a drawn bayonet in his hand; upon seeing this I immediately wrested the bayonet out of his hand, and got the prosecutor out of the room, so as to part them, that they should not have any more struggling together.
The prisoner, between five and six in the morning, came to my lodging, it is a house that takes in lodgers; he came for a light; he said d - n it, I have got a man in the room, and I will have his great coat and boots, and every meg he has. I took the light from him. I heard a noise in the next room; I heard the prisoner d - n the prosecutor, and ask him for his gold and great coat and boots, or else he swore he would have his life.
This man met me in the street at three o'clock in the morning and asked me if I
Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.
6, 7. ELISABETH PLODROW and ANN TAYLOR were indicted for stealing fourteen yards of muslin, value 3 l. the property of Catherine Wood , widow , privately and secretly in the shop of the said Catherine , Oct. 20th .
I live with Mrs. Wood, who lives in Spring-Gardens . On Wednesday morning, the 20th of October, the two prisoners came into our shop between eight and nine o'clock; I think they are the two women; I am certain to one of them, who is Sarah Plodrow; I am not so certain to the other. They desired to see some muslin, which I shewed them; they said it was too high priced. They then desired to see some book muslin; I shewed them some. Mary Plodrow bought half a yard of sprig muslin, at twelve shillings a yard, and two yards of edging. I observed the other woman that was in the shop with Mary Plodrow stoop down, and she seemed rather confused, upon which I looked on the counter and missed some muslin, I asked her if there was not some muslin dropped down on her side, as I was certain I missed some off the counter. They immediately said there was not any at all.
There was, I suppose, a counter between you? - There was.
Who told you there was none dropped? - They both said there was none dropped. As I thought there was, to give myself an opportunity to look over the muslins, I sent out for change.
Had you any of your own people in the shop? - Nobody else. They offered me a guinea to change to pay for what they had bought, I rang the bell for the maid, in order to send her for change; she not being in the way a gentleman's servant who lodged in the housewent. During the time the man was gone for change, the person whom I suspected to have taken the muslin, went to the door under pretence of looking for the servant that was gone for the change and she went away; upon which I told Mary Plodrow that her friend was gone from the door. She said it did not signify, she perhaps might see her again, but if she did not it was not material; I said her going away confirmed me in my suspicion that she had taken the muslin. At this time the man returned with the change; I told the man, whose name is Hallet, that the other woman whom he had seen in the shop had stolen some muslin and was gone away. I did not know what to do, I was extremely intimidated. Plodrow said directly that she was very willing to surrender herself to be searched, to shew that nothing was upon her. She desired me not to be positive that I had lost the muslin, as I was in so great a flurry; but to look over them more carefully. I had taken an account of them myself but the day before; they are entirely in my charge; I lost three remnants of muslin, making in the whole fourteen yards.
What is it worth a yard? - They were different prices, one at four shillings, another at five and sixpence, and the other at five shillings a yard. I sent for a constable to take charge of Plodrow; she said she did not
Do you now believe it to be so, though you are not positive? - I do believe her to be the person, but I cannot be positive.
What dress had she on? - I did not remark particularly, only that they had both black cloaks; one I think had on a crape gown, but I cannot be positive to that.
Plodrow. This Lady (the other prisoner) is not the person who was in the shop with me.
I am servant to Major Graham. I lodged at Mrs. Wood's. I was sent to get change for a guinea. I saw two women in the shop when I went out.
Who were they? - Plodrow I am certain to, I think Taylor was the other woman, When I came back I saw Plodrow again, the other woman was gone. Miss Gollop told me she had been robbed; she asked what she had best do. I advised her to detain Plodrow till she gave an account of the other woman.
I attend at the Rotation-office in Litchfield-street for Mr. Smith, of Tothill-fields Bridewell. I went along with Miss Gollop, and the Justice's clerk, to seek for the prisoner, Taylor. I told Miss Gollop we would go to the houses about St. Giles's with her, and if she saw the woman I told her not to mention it immediately for fear of any disturbance. We went into an alehouse where she saw the prisoner Taylor; she said she believed she was the woman, but she could tell better the next morning. The next morning she said she believed she was one of the women.
BOTH NOT GUILTY .
Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.
8. 9. MARY LONEYAND , spinster , and MARY TAAFE , spinster , were indicted for stealing 3 guineas, an halfguinea, and 7 s. in monies numbered, and a worsted stocking, value 1 s. the property of James Welch , Dec. 2d .
(The prosecutor was called, but not appearing, the Court ordered his recognizance to be estreated.)
BOTH NOT GUILTY .
I am a watchman at Bear-key . I saw the prisoner at Bear-key with a frail of raisins on his back, between four and five o'clock in the morning. I stopped him, and asked him where he was going; he gave me no positive answer; with the assistance of the merchant's watch I secured him; then he said he took the raisins off the deck of a ship which he had in charge.
Did he say what ship? - No; there was but one ship lying at the keys. I sent for Mr. Burr, the surveyor of the night, he ordered the prisoner to be sent to the Compter.
From the prisoner. Whether you did not see two men whom I took the raisins from? - I did not see them, Charles Knox told me that he had seen them.
Did the prisoner then say he had the raisins from those two men? - No; he said he had it from the ship's deck.
I am a wharfinger's watchman. While I was taking my walk round, I met Mr. Covell and Mr. Knox; Knox left us, and pursued two men he saw up Bear-key passage. I did not see the men, but I went after Knox. The two men got away. When I came back I saw Mr. Covell with the prisoner; the prisoner then said he had the raisins off the deck; afterwards he said he had them off the keys, and was going to carry them after the others.
I saw two men going up Bear-key passage. I followed them as fast as I could, but I lost
Did he say he belonged to the ship? - Yes; he said he took it up to follow them to detect them with the others, and that he was in pursuit of them when he was stopped.
I am a surveyor of the Customs on these keys. I put the prisoner there to take care of the cargo.
What ship was lying there? - Only one sloop from Guernsey, laden entirely with raisins.
Did the prisoner belong to that ship? - Yes; as a king's officer; he is what we call a tidesman. When they had apprehended him, they came to me to know what they should do with him. I ordered them to take him to the Compter.
I was an officer on board the ship. I went on shore to do my occasions. I saw two men go up the passage. I pursued them; they dropped those raisins. I took the frail on my back, and was going to deliver it at the king's warehouse when they stopped me.
For the prisoner.
- THOMPSON sworn.
I have known the prisoner two years; he bears a good character.
NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
11. WILLIAM KENT was indicted for that he, in the king's highway, in and upon Roderick Ogg , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a metal watch, value 20 s. and 5 s. in monies numbered , the property of the said Roderick, Oct. 25th .
I am one of the king's messengers . On the 25th of October, in the evening, I was dispatched by his majesty to Lord Weymouth's, at Little Ealing; as I was returning in a post-chaise with Mr. Otto, another messenger, a little after seven o'clock, between Kew-bridge and Gunnersbury-lane , (my horse, which was a little tired, was tied to the shafts on the off side of the postchaise) I observed our horse stopped, and the post-boy stopped; two men on foot came to my side of the chaise, and demanded my money. I gave them a few shillings; they demanded my watch. I said it was an old metal watch not worth their taking. I argued with them a great while about the indifferent value of the watch. They were resolute, and took my watch. My friend who was with me was robbed too. The postboy drove on. Soon after we were informed that a man was taken a little behind the chaise. I got out of the chaise, and saw him lying upon the ground, and several men were standing about him. I cannot swear to either of the men, my eye-sight is bad, and there was a small rain at the time, and it was a dusky night. I cannot possibly swear to the watch, because the outside case was lost; it was a watch Mrs. Ogg wore, which I borrowed to go out with; as I did not expect to be robbed, therefore I took no particular notice of it; it was a metal watch with a kind of enamelled case to it; it had to it a steel seal, with the impression of something like a Griffin upon it, and it had a striped ribband; (looks at it) I believe this is the same seal and ribband. I saw it produced afterwards at Sir John Fielding 's.
I am a corporal in the Oxford Blues. I was returning from London to Brentford in a stage-coach, on the evening of the robbery. Between Kew-bridge and Turnham-green the coachman said he saw two men robbing a post-chaise. Myself, and three more, who were in the coach, being told
I was driving this coach. When we were about one hundred yards on this side Gunnersbury-lane, I saw one man, but that man was not the prisoner, stopping a chaise. I suppose the other man was on the other side. I was a little behind at the time the chaise was stopped, but in driving up I came close to them. The fellow who stopped the chaise, who was in a smock frock, said if I did not drive along he would blow my brains out; in consequence of that threat I drove on. When I got to Gunnersbury-lane end I told the passengers, there were but two of the footpads, and I apprehended we were strong enough to take them; the passengers got out. I fastened the horses to a post, and we pursued the two men, one was in a smock frock. The prisoner, and the man in the smock frock, were the persons who stopped the chaise. The corporal ran towards the prisoner, and the prisoner struck at him. I am sure the man in the smock frock was the person who stopped the chaise, and who held the pistol to me, and threatened to blow my brains out if I did not drive on, and I am equally sure the prisoner is the man who was in company with the other person that stopped the chaise, and they seemed to come in the same direction as if they came from the post-chaise. The prisoner struck at the man with a rusty naked hanger. It was moonlight; it was a full moon, but it was rather a dull night. The prisoner being searched these watches were found upon him, and the other watch was found upon the ground, together with this hanger.
I live at Brentford. I was a passenger in the coach that night; I jumped out of the coach when it stopped; I saw the footpad hold the pistol to the coachman before, swearing he would blow his brains out if he did not go on; the coachman then drove on about an hundred yards; we got out of the coach; I saw one of the men in a light coloured frock, who was the person who swore he would shoot the coachman if he did not go on, and the prisoner was in company with him, they were as near as this young man is to me (close to the witness's elbow) going along with him; when he was taken, the corporal of the Blues held him while he was searched and took the watches. We found this watch upon the ground.
Prosecutor (inspects the watch) I could have better sworn to the watch had it had an outside case; it had a kind of enamelled case which was particular, I could have known it by that, but I cannot swear to the inside case only, which I seldom saw, it being my wife's watch, and I seldom had it in my custody, but the seal has exactly the same impression with the seal I lost; the ribband is the same pattern, and is equally dirty with that I lost, and has the same appearance.
I am very innocent of the crime laid to my charge; there was nobody with me when I was taken. I have had witnesses here to my character, who are gone home.
NOT GUILTY .
Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.
I am one of the king's Messengers . On the 25th of October as I was coming from Lord Weymouth's, at Ealing, at about a quarter after seven o'clock in the evening, in a chaise, I was stopped a little on this side Gunnersbury-lane .
Who was you stopped by? - Two footpads.
Do you know either of their persons? - The prisoner was one, he had a sword in his hand.
How was the other dressed? - In light coloured clothes. The prisoner held the sword to my breast, and demanded my money.
Are you sure it was the prisoner? - I am.
Did you give him any money? - Seven shillings and six pence; then he asked for my clicker, and kept pushing at me with the sword all the time.
He did not wound you did he? - No.
By your clicker he meant I suppose your watch? - Yes. I did him take it; he felt the watch, but could not find the string, it was put in; I puiled the watch out, and he snatched it out of my hand.
What was the number of the watch? - I do not know; it was made at Huntingdon. It has not been found.
What sort of a sword was it? - (looks at the sword produced on the former trial) That is the sword.
Jury. Is that the very instrument? - I believe that to be the very instrument.
Greenwood. That is the sword I found.
I am very innocent of it; I never had the sword in my hand.
GUILTY ( Death ).
Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.
(The Prosecutor did not appear. The officer of the night said that the prosecutor brought the prisoners to the watch-house and gave charge of them, for robbing him of four shillings. He said the prosecutor was bleeding, and was very much wounded in the head, and his eyes were very bad. He said he had enquired after the prosecutar and had been told that he was since dead.)
(The prisoners were both acquitted , but the court ordered them to be detained, and the constable was directed to make immediate enquiry after the prosecutor. The Officer the next day informed the court, that the prosecutor was alive, but had left his master's service, and could not be immediately found.)
14, 15. ANN HALEY and ANN LANDY were indicted, the first for stealing a silver watch, value 3 l. the property of James White , and the other for receiving the above watch, well knowing it to have been stolen , October 23d .
A private house? - Yes, I gave a shilling for the bed, then I gave her a shilling.
How long did you stay there? - Till six or seven o'clock in the morning. I would my watch up when I went to bed.
Was you sober enough positively to know whether you had your watch? - Yes I would it up.
Was you sober or not? - I was a little in liquor, but not much.
What did you do with your watch after you wound it up? - I put it into my pocket and put it under my head. In the morning I found the breeches had been taken from under my head and laid on the pillow, and the watch was gone.
Was she the only woman that was in the room? - Yes, in that room.
Did you ever see your watch? - No.
Did you alarm the house? - Yes, I went to Justice Durden's, and when I returned the woman of the house was gone too. I described her person at the justice's; I did not know her name. She was taken on the Friday; they sent for me and I swore to her person, and she was committed.
How many days after the fact was that? - From Monday to Friday.
You say the woman you went with was Ann Linsey ; neither of these prisoners is named Linsey; look at the prisoners? - It was the farthest (pointing to Ann Haley ) she goes by the name ofAnn Haley, I believe her name is Linsey. When we were before the justice, Ann Haley acknowledged she took the watch from me, and said that the other prisoner Ann Landy sold it to a Jew for ten shillings and sixpence.
Did she say how how she came by it? - She said she had it from the other.
Did she say who the Jew was? - No, she said she did not know the Jew.
He said before the justice, that he would swear that I put him in bodily fear of his life.
I never saw him till we were taken up.
HALEY GUILTY .
LANDY NOT GUILTY .
16. THOMAS BAKER was indicted for stealing a man's linen shirt, value 4 s. four pair of thread stockings, value 16 s. and three pair of cotton stockings, value 3 s. the property of Elisabeth Knight , widow , November 9th .
ELISABETH KNIGHT sworn.
I live in Wapping . On the 9th of November, I lost the things mentioned in the indictment (repeating them) they were on the leads of the house about ten minutes before I missed them, I saw them there then, that was between three and four o'clock in the afternoon. I saw the prisoner go up stairs into his own room; he lodges in the house; I heard him go over the leads and then I saw him come down stairs with a bundle; I ran up stairs and saw my property was gone; I went to a pawnbroker's in the neighbourhood, who told me the prisoner had left his coat there, and that when he came to fetch his coat he would give us intelligence of him; he came to the pawnbroker's about five o'clock, and was stopped. I saw the cotton stockings taken out of his pocket, and the shirt off his back, at the justice's.
From the Prisoner. Where was you when you saw me come down stairs?
Knight. I was in my own room; the prisoner's room is above mine; my room door was a-jar; we can hear every foot that goes on the leads.
On the 9th of October, between four and five o'clock, I believe it was, but cannot be particular to the time, I saw the prisoner go up stairs into his room as I supposed, and I heard him go upon the leads which are over my room; I saw him come down stairs very soon after, with a bundle in his apron. There was nobody else besides the prisoner went up or down; my room door was at that time between open and shut. Mrs. Knight ran up stairs and cried, Oh, Mrs. Yorke, my stockings are all gone! Having observed the prisoner came home the night before without his coat, I concluded he had pawned it at a pawnbroker's just by, where I knew he had before pawned some things; we went to the pawnbroker's, and he promised us that when the prisoner came for his coat he would let us know. Accordingly the same night he did come, and they sent for the prosecutrix and me, and I saw a pair of cotton stockings taken out of his waistcoat pocket, and the shirt taken off his back.
ALEXANDER TAYLOR sworn.
I was informed by the prosecutrix of the fact. I met him, and I laid hold of him, and endeavoured to secure him, but he made his escape. I saw him again about eleven o'clock, and then I secured him; he had this shirt on, and a pair of cotton stockings in his jacket pocket (producing them.)
Prosecutrix, The stockings which I lost were of the same colour and the same rib; though there is no particular mark, yet I know them to be mine; they are the same, there were no others there; the shirt I can swear to, because it had never been washed before.
I bought the shirt and stockings in Rosemary-lane for six shillings and sixpence. I know nothing of the robbery.
I keep a publick-house . I lost the things mentioned in the indictment last Wednesday night, the 1st of December, between the hours of eight and nine; the prisoner came into our house, and called for a pint of beer, and paid for it immediately; she staid about five minutes; when she was gone out my daughter asked me if I had taken the tea-kettle away; I said no; she then said she supposed the prisoner had taken it. I went after her immediately, and overtook her about eight or ten yards from the door. I laid hold of her shoulder and stroked her down, and to my great surprize I found, what I had not missed before, a pair of bellows hanging down before under her petticoats. I took her back to the parlour, where there was a constable, and presently delivered her of the bellows; as we were stroking her down some water ran about the floor, and we found the tea-kettle under her petticoats on one side, about half full of warm water. My daughter then said she missed a flat-iron; we searched her, and found it in one of her pockets, and a brass candlestick, but that was not mine, the rest are. I gave the constable charge of her, and he took her to the Compter.
I am a constable. I saw the things all found upon the prisoner. I was in the house when the prisoner came in, and 1when she went out.
(The things were produced in Court, and deposed to by the prosecutor.)
I only beg the mercy of the court. I have nothing more to say.
Tried by the London Jury before Mr RECORDER.
I am a constable. I was sent for by the prosecutor to take charge of the prisoner. I have had the pot ever since.
I am a publican . The prisoner came into my house on the 3d of November, and two other women along with her; they came to the bar to have a glass. I saw the prisoner put something into her apron. I went after her, and took her about one hundred yards from my house, and found a quart pot of mine in her apron.
Are you sure it was your pot? - Yes.
I told him that night that it was not me that took it, but the woman that was with
Tried by the London Jury before Mr. RECORDER.
19. THOMAS WILLIAMS was indicted for stealing a hand-saw, value 1 s. and a glue-pot, value 1 s. the property of John Warren . A stock and bit, value 10 s. a tenant-saw, value 5 s. and a smoothing-plane, value 10 d. the property of William Thomas ; and five iron locks, value 10 d. the property of William Prowting , Nov. 3d .
On the 3d of November I lost two plains, a hand-saw, a glue-pot, and five locks, the property of Mr. Prowting, that were under my care; they were in a new building of Mr. Prowting's at five o'clock on the 2d, when we left work, and went to Mr. Prowting's, where I was ordered upon some business, there was nobody left in the house. When I went to work in the morning, between seven and eight o'clock, I was informed that the house was broke open, and the things taken away.
Some of the things are mine. I used them the day before they were lost. I work with the last witness.
I was coming by the house about seven in the evening the 3d of November.
What house? - Mr. Prowting's new building. I saw the door open. I waited and saw the prisoner come out with these things in a basket. I stopped him and the things. I charged a constable, who was going by, with him, and sent him to the Compter.
The prisoner said nothing in his defence.
Tried by the London Jury before Mr. RECORDER.
20. JOHN HUDSON was indicted for stealing 3 guineas, a half-guinea, and 16 s. 6 d. in monies numbered, the property of Robert Davis ; and a bank note for 10 l. the money secured by the said note being due and unsatisfied to the said Robert Davis , the proprietor thereof , Nov. 20th .
(The witnesses were examined apart at the request of the prisoner.)
I live in Fenchurch-street, and in Tower-street; I have two houses. I am a grocer and a packer .
Did you lose any money or notes on the 20th of November? - I know nothing of it; I was out all that day. Mr. Lloyd came to me the next day to let me know that such a robbery had been committed, and that they had secured the man. I advertised the bank note by hand bills, and in the newspapers. Mr. Lloyd manages the grocery business for me. All that I know of the matter is from his information.
You are the manager of the grocery business for Mr. Davis? - I am.
You came on the 21st of November to inform Mr. Davis that some robbery had been committed in your house? - I did.
Inform the court and jury of the particulars. On the 20th of Nov. at night, near the hour of ten, the prisoner came into the shop.
Was he belonging to the shop before? - No; I never saw him in the shop before.
Yours is a retail grocer's shop? - Yes; the prisoner said he was an officer of the Excise.
Had he any one with him? - There was a man in the shop at the time we supposed to belong to him; he came in before the prisoner, under a pretence of buying an ounce, or half an ounce, of tea. I do not know which. I never saw him before to my knowledge.
The prisoner said he was an Excise-officer, what did he say he came for? - He said he came to see some tea weighed, and to examine some tea.
John Hudson . I asked him of what place; he said of no place at all.
Did he show you that paper? - He showed me a paper. I asked to see it, that I might know the contents; he refused to show it me, and put it into his pocket again.
So you do not know the contents of the paper? - I did not then; I have seen the paper in court since.
How are you sure it is the same paper? - I am not sure it was the same.
He said he came to weight some tea, what did he do then? - He laid hold of a parcel of tea, and asked if there was a permit for that tea. I told him there was, and showed it to him; he then insisted upon weighing it, and we put it in the scale and weighed it, it weighed twenty-six pounds; it was green tea. After we had weighed it, and found it agreed with the permit, and had taken it out of the scale, he examined it by the candle to see that it was green; he then put it in the scale to weigh it again; then he took out a small quantity to examine, and took out a large quantity in the other hand; we detected it in his hand afterwards; when we detected him with the tea he threw it down, some on the floor, and some in the bag, and drew a knife.
Who was in the shop with you? - There was my wife.
For what purpose did he draw a knife? - That I cannot tell.
What sort of a knife was it? - A long penknife.
Did he say any thing when he produced the knife? - No; he kept it in his hand open; my wife, who was behind the counter, was alarmed; she was serving the man that came with him; she ran out of the shop.
Did he and the other man speak to each other? - The prisoner, while he had the tea in his hand, called to him to aid and assist him in seising that tea, when he had made it disagree with the permit by taking a handful out, by which means the scale turned the other way.
Did you make any resistance? - Yes, I did, when he was detected by my wife with the tea in his hand; I did not see it in his hand at first; when he threw the tea down, and had the knife drawn in his hand, as I said before, my wife ran out frightened, and left the till open; she went to call an opposite neighbour; the prisoner stood with the knife open in his hand, close against the counter; he looked over the counter, which I understood was to see if there was any tea behind it or not; then he clapped his hand into the till, and took some cash and a bank note.
Do you know what cash he took out? - I know he took to the amount of 4 l. 10 s. by the quantity that was in the till afterwards, and from the quantity that was in it before.
When had you told it before? - At nine o'clock.
There was 4 l. 10 s. less than there was at nine o'clock? - Yes.
You do not know, I suppose, what species of money it was in? - Yes I do; there was in the till at nine o'clock five guineas, three half guineas, and about 1 l. 13 s. or 14 s. in silver.
What was there left after the prisoner had put his hand into it? - Two guineas, two half guineas, and about 18 s. in silver.
Had you paid any money during that time? - No; not any at all.
Then there was missing about three guineas, a half guinea, and 16 s.? - There was.
That you are positive of? - That I am positive was missing; there might be some shillings more, I cannot be positive how much; there was a bank note in the till.
Do you know the number of the note? - I do.
Did you see that in his hand? - Not particularly; I saw him put in his hand and take out as much as he conveniently could. The note was for 10 l. It was No. H 233, dated the 28th of May, 1779, payable to Thomas Hughes .
That is the account of it which you took down in your account book? - It is.
Had you seen that note at nine o'clock? - Yes.
Did you search him? - No; the constable insisted on my letting him go to him. I did not understand it. It was half after ten o'clock when I got home again. The constable took him to the watch-house, and a man went home with me.
This was about ten o'clock at night? - Yes.
You had been at home from nine to ten? - Yes.
You had not been out of the shop? - No.
You had not seen this Hudson before that evening? - No.
Had you been stopped by any body that afternoon with a bundle? - I brought home this parcel of tea in the afternoon, from Holborn, between seven and eight o'clock.
Had you been stopped by no man in the way as you was bringing that home? - No, I was not obstructed by any body.
You came home then between seven and eight o'clock, and was never out afterwards? - I do not recollect that I was.
This tea was in a bag? - Yes.
When the prisoner came in he said he wanted to look at the contents of that bag? - Yes.
Did he weigh any thing besides that bag? - No.
He told you that he was an Excise-officer? - Yes.
Did this other man come in with him? - No, he came in before him.
All the reason you had to suspect him was the prisoner's calling upon him to assist him? - He promised to be an evidence against the prisoner, but never came any more.
Did he tell his name and where he lived? - No.
You did not enquire after him? - No, I did not see him after that evening; he promised my wife while I was out, that he would appear against the prisoner.
Your wife ran out of the shop? - Yes.
Who was left in the shop when your wife went out? - I, the prisoner, and the other man.
How far was you from him when he put his hand into the till? - I was behind the scales at about four yards distance from him.
He ran out of the house, and you ran after him and secured him; where was he carried to afterwards? - To the watch-house, that night, I believe.
When you came back you counted up what you had lost? - Yes.
This was Saturday night, did it never occur to you or your master to go and search this man for the bank-note? - No.
How came you to have this perfect recollection of the note? - I had it down, I put it down that day; I had received it that day of a Mrs. Lawrence.
Did you give this description of it to the people at the Bank? - Yes, the number of it and the date.
Look at that paper (shewing a paper to the
Court. When Did you give that description? - On the Monday.
That contains neither the date of it nor the name of the person to whom it was payable? - I did not understand it, for my part, they set that down for the printer to print it; we did not give the full description of it.
How long have you lived with Mr. Davis? - Not long, not above half a year I believe.
I understood you was a grocer yourself and was a bankrupt? - Yes, some time ago.
And uncertificated? - Yes.
Have you any partnership with Davis? - No.
Court. When you went in pursuit of this man did you leave the strange man in the shop? - No, he went out as I went out; my wife was come in then, she came in as he was running away, and laid hold of his coat.
I am the wife of the last witness.
You was at Mr. Davis's shop with your husband, on Saturday the 20th of November? - Yes, the prisoner came into the shop.
Who was in the shop when he came in? - My husband and myself.
No body else? - No body else but a man that came with the officer.
The prisoner is the officer? - Yes.
The prisoner and the other man came both in together? - Yes.
What business did they pretend to have there? - The prisoner said he was an officer, and he demanded to take stock, the other man came with a pretence of wanting an ounce of tea, which I served him. One spoke to my husband, the other spoke to me. I was behind the counter.
Who spoke to you husband? - The prisoner.
You had no other customers in the shop before? - Before we had, but not at that time.
Did you serve him with the ounce of tea? - Yes.
What did the officer say to your husband? - He demanded the weight of the bag of tea which stood in the shop; he had the tea weighed and it was weight. Then he demanded the permit, and took out a handfull of tea to prevent its being weight; upon that he said the tea was seiseable, and ordered the man that was in the shop to aid and assist him.
Did he say he would seise it, or only that it was seiseable? - He said he would seise it.
The man he ordered to assist him was the man that came in with him? - Yes.
Did they seem to be acquainted as they came in? - I cannot recollect that.
Did they seem to know one another? - I cannot say that they did; I perceived rather an intimacy between them; he stood beside the other to see him weigh the tea; and though he saw he had a handful of tea that made it not weight, he never spoke of it till I did to my husband, who was on the other side of the scales.
Did the other man pay for the ounce of tea which he had? - Yes, and I gave him change to take for it.
When he had paid for the tea and received his change, he did not go out of the shop? - No, he stood still in the shop.
When you saw the tea in the prisoner's hand you took notice of it? - Yes, and then he threw down the tea on the ground, and pulled his knife out of his pocket and opened it, and kept it open in his hand.
Was it a knife that was fixed in the haft, or a clasp knife? - I cannot recollect that, I saw the knife open in his hand.
What sort of a haft had it? - The haft he held in his hand, I did not see the haft.
But it was a penknife you are sure? - I think it was a penknife.
What did he say? - He said nothing, only used ill language to my husband; he called him names and said he was a flat; I
When you came into the shop in what situation did you find the shop? - I was in a very great fright, I cannot recollect now.
Did you take any notice of the till? - No, neither before nor after, till my husband came back.
You was at home all the afternoon? - Yes, my husband came home at dusk, I believe it was between four and five o'clock; he staid at home from that time all the evening.
How did you employ yourselves during that time? - We served the customers between whiles.
Did you do any thing else? - I cannot recollect.
Who kept the key of the till? - It was not locked.
You take the money out every night I suppose? - Yes.
Then the money in the till is the sum taken that day always? - Yes.
Do you recollect what had been taken that day? - I believe near eight pounds besides a note that was taken of a young lady that was going to the play that night; I took it of her and gave it to my husband, and he put it into the till.
What is that lady's name? - Lawrence.
You do not recollect the description of the note? - I cannot recollect any thing of that.
You now and then receive Bank notes in the course of your business? - Sometimes, and my husband takes care of them.
Does your husband keep a bill-book? - I believe he does.
What time was this note received? - At about five o'clock I received it, and gave it to him.
Did he enter it in a bill-book? - In a sort of memorandum book.
You put down every thing in some book I suppose? - Yes.
Was it put down in that book? - Yes, I believe it was.
Mrs. Lawrence is an acquaintance of yours? - Yes.
Where does she live? - At Burford in Oxfordshire.
She only left the note with you to take care of it till she came back from the play? - Yes.
Court. How long had you had this tea which was in the bag? - It came in the evening about dusk; my husband brought it.
Counsel for the prisoner. This tea your husband brought home about dusk? - Yes.
Did he tell you where he brought it from? - From Holborn.
Not from the Borough? - No.
He pitched upon this bag as the first thing he wanted to weigh? - Yes.
Miss Lawrence staid in town some time after this? - Yes.
She was at your house that evening? - Yes.
She kept an account of this bill perhaps? - I do not know.
Did not you ask her? - No, my husband might.
As the note was only left to be taken care of, and to be returned to the lady when she came back, how came it to be entered in the book? - I do not know.
I understand that book is the shop book, whose book is that? - Mr. Davis's.
How came it to be entered in Mr. Davis's book? - My husband was left in trust, and therefore he would take care of one thing as well as another.
Don't you recollect how long your husband had been at home when this man came in? - He came in at dusk and was in all the time.
Court. Had you counted the money in the time? - My husband counted it.
I am a hatter and hosier in Fenchurch-street.
Do you remember Mrs. Lloyd's coming over to you? - Perfectly well; Mrs. Lloyd came to me seemingly in a great fright, and begged me to come over.
Did she tell you the reason? - No; I had a gentleman in the shop, I begged his patience a moment to go and see what was the reason; as I was crossing the way I saw the prisoner run out of the shop, and the prosecutor pursuing him; I pursued him, and in about twenty yards the prisoner was stopped; there was a watch-house pretty near, and he was given in charge of the constable, and was taken to the watch-house.
My Lords, and Gentlemen of the Jury,
Although I stand before you in the odious light of a criminal, I thank my God that I can look round me with pleasure, and not behold one, even the most innocent, more so than I am of the charge exhibited against me: and here I should beg leave to crave your indulgance, if it would not be troublesome, while I relate to your Lordships, and you Gentlemen of the Jury, the whole transaction, circumstantially as it happened, if I had a thousand lives to answer it, on which this prosecution against me was founded, and has been carried on; and which, though labouring under all the disadvantages of coming from the mouth of a prisoner, and precluded from the sanction of an oath, will not be deemed less true I trust, since we find, and by sad experience on my part, that even that solemnity is not always security for it.
As I was going up Borough High-street, on the left-hand side, towards London-bridge, and which was likewise the way to my lodging, on Saturday the 20th of November last, between nine and ten o'clock in the evening, I observed my accuser, Mr. Edward Lloyd , before me with a parcel; but which from his well-known character in that way, and the covering over it, I had an unfavourable opinion of (that is thinking it to be tea, carrying without permit) yet as I was going home, and living just at the foot of the said bridge on the Surry side, at a Mr. George Beck 's, a leatherseller, who is very particular with regard to the time of going to bed, seldom sitting up later than ten o'clock, I should not have concerned myself about it at that time, had he not, upon my crossing of the way to go home (Mr. Beck's house being on the contrary side to that we were both on) immediately followed me, and upon coming up to me, gave me a kind of push, as though evidently meant to insult me (he being to appearance in liquor) and accosted me with these words, he supposed I had a suspicion of his having something he should not have, and that if I had, then was an opportunity for doing my duty. Upon which I asked him what reason he had for thinking that, unless it was so, and told him, as it is a common expression, that a guilty conscience needs no accuser, and since he had thus accosted me, when I did not mean to have said any thing to him, and as I knew very well where he lived, and it was not far (Fenchurch-street) and I thought as it was not ten o'clock, that I had time to go to his home with him, which I told him I would, and as I had the authority, I would go and see what it was he had got, which after having done, by examining the said parcel, and confirming my suspicion of its being tea, I accordingly required to see the permit in order to satisfy myself that it was a legal one (goods being often conveyed with illegal ones, with regard to dates, quantity of such goods, or the proper name of the person to whom going) that is, its corresponding in weight and quality with the tea he thus had; it specifying twenty-six pounds of green, I accordingly took a little in my hand to the candle, which was standing on the counter to see the quality, which being satisfied in, I then took and put it in, after taking off the loose bag he had over it, putting it into a large pair of scales, hanging in the middle of the shop on the outside of the counter (the inside of which my business did not lead me to) when it was deficient, with paper and package included, which is usually
To Lloyd. Did you know this man before? - No, I did not know him.
Did you know him to be an Excise officer? - No.
Did you meet him in the borough? - No.
Or was you overtaken by him? - No.
Was you in the borough that evening? - I was not.
You said you was not at home till six or seven o'clock; your wife says you was at home at dusk? - I do not know particularly as to the hour, it was about dusk. I will explain the matter of the Bank note to your lordship more particularly, if your lordship pleases. Miss Lawrence had bought an urn of Mr. Gosling, in Fenchurch-street, and some things in Moorfields; this note was to pay for these things when they came in. I put it in the till for the purpose of paying for them; she was to have some things from our shop. I entered the bill in the book. I was to give change for it.
For the prisoner.
PHINEAS BOND, Esq. sworn.
How long have you known Hudson? - I think my first knowledge of him was in the latter end of 1773, or the beginning of 1774; about that time the administration of an estate of considerable consequence fell into my hands. I sought about for a proper person to manage that estate, and to collect a considerable quantity of outstanding money due to that estate. This man was recommended to me in as warm language as ever man was recommended. I employed him a considerable time, and during the time he served me, I remarked him for his honesty, attention, and industry, and I thought he merited the character I had of him.
What are you? - I am a barrister of the Middle Temple; the troubles of America brought me to this country, and I believe brought Hudson. I gave him letters to some of the best of my friends here to employ him when he came over.
I am an American of Pennsylvania, belonging to the Attorney-General. I have known Mr. Hudson since the year 1761. I was returning from the Temple to Pennsylvania. My father wanted a number of persons to act as clerks. Mr. Hudson went over in the ship with me, and lived with my father all the time of his apprenticeship; he had a great deal of money passed through his hands; he behaved with the greatest honestly and industry; he has always borne the most unexceptionable character. I never heard any thing against him.
EDWIN SAND sworn.
How long have you known the prisoner Hudson? - About a year, I believe. I never saw any thing wrong of him; he was always a civil man; he used to survey me. I am in the wine trade; he frequents my kitchen; there is often a great deal of plate lies about; I never heard any accusation of him; he always appeared an exceeding civil, honest man.
You are, I believe, a dealer in brandy? - I am.
It was the business of Hudson to survey you? - It was.
How long have you known him? - Three years.
How was his behaviour and conduct? - Always very well from what I saw. I left things of value in my cellar, and have been for several months in the country. I never missed any thing; if he was capable of being guilty of any mean thing he had opportunities to do it in my cellar. I think from my heart he is not guilty of the charge.
I am a brandy dealer. I have known the prisoner three years, during which time he has always acted becoming his station, with sobriety and industry; he has surveyed me three years; I believe him to be very honest; I have no reason to disbelieve it.
He has lodged at my house fourteen weeks, and down to the time he was taken up. He came as a stranger to me. I have trusted him every day in my life with 4, 5, or 6000 l. worth of goods in my custody; his character has been over and above honest, as far as ever I could hear of him.
He has an undeniable character? - Yes; he has.
I have known the prisoner two years, or something thereabouts. I am in the brandy and rum trade; he surveyed me regularly. I always looked upon him as a very honest man.
I am a dealer in rum and brandy. Hudson has frequently stocked me in the course of two or three years; my clerk, who has attended him, and I, have found him a very troublesome man, and I have never wronged the revenue. One day in particular, when I was going out to dine with Mr. Dunnage, he came and said there was an increase in my stock, and he should seise. I said to my clerk I know nothing of it, whatever he had a mind to take away, I bid my clerk charge him 14 s. for the rum, and 18 s. for the brandy. I said if he took it away I should arrest him for it; I had nothing to do with the commissioners.
I have been called upon by the prisoner; if I am called upon now I must give him a most infamous character. (He is sworn)
Prisoner. I beg to mention to your lordship Mr. Dunnage is a partner with the gentleman who has spoken so disrespectfully of me.
Court to Mr. Dunnage. Are you partner with Mr. Hayward? - No.
What is your business? - A brandy merchant in one branch, and many other branches of business.
Do you know any thing of the character of this person? - My lord, and gentlemen of this court, it is an extreme disagreeable business for me to speak in. I have been forty years in the trade, and of all the officers that have surveyed me I never had such a troublesome one as this; it is his general character.
Court. It is his moral character that is in question before the court, not any squabbles between him and others? - He is frequently making increases in our stock, and taking them away, what is his motive I do not know.
Does the profit of the surplus in the stock go into the pocket of the prisoner? - Part of it, and he has done many unjust things of that kind.
- FINLEY sworn.
Do you know how many officers have been turned out in your district for neglect of duty? - Several; I am general surveyor. I have known Hudson about three years; he has been an officer under my inspection.
And many officers have been turned out of that division for neglect? - Yes.
Counsel. They were turned out for being too civil.
Court. Had you ever any complaints against him for making increases in an improper manner? - None but what he could make out to my satisfaction.
When an officer detects an encrease in the spirituous liquor branch does the profit go to the officer, or to the publick, or part to one and part to the other? - Part goes to the officer to be sure by law.
Prisoner. My lord, I wish to call an officer of undoubted reputation, who has made seisures at these gentlemen's houses.
Court. We cannot go into that.
Prisoner. It would seem that I was a fool-hardy thief that would act thus in the face of an avowed enemy, and I flatter myself I had no need to commit this robbery; can it be conceived by any one, that knowing my accuser, knowing myself in an avowed enemy's house, where it was extremely necessary that I should be very circumspect and careful what I did, that I should be guilty of this charge. - I am sorry I cannot call evidence to the badness of Mr. Lloyd's character.
Tried by the London Jury before Mr. Justice BLACKSTONE.
21. JAMES PARKER , otherwise LAZARUS LEVI , was indicted for stealing a cotton gown, value 5 s. a linen petticoat, value 5 s. a stuff petticoat, value 7 s. three linen shifts, value 6 s. three linen aprons, value 3 s. a pair of cotton stockings, value 1 s. three linen shirts, value 1 s. a linen shift, value 1 s. a flannel petticoat, value 1 s. and a child's gown, value 6 d. the property of George Smith , Oct. 29th .
(The witnesses were examined apart at the request of the prisoner.)
Mrs. BOWLEY sworn.
Do you know any thing of the goods being lost that are mentioned in the indictment? - Yes.
Whose property were they? - The property of Mr. Smith, who is a gardener at Wimbleton; they were lost on the 29th of October, the box which contained them stood upon a table in my shop, at about two yards from the door.
Was the box open or shut? - It was a fort of a hand-box tied up in a cloth.
How came you to know what that box contained? - I did not know, till it was brought back.
What time in the day was it? - I think about six o'clock in the evening. I was in the shop, about two yards beyond the box. Mrs. Smith had come to town that afternoon, and left it in the shop on the tub. I was either with my side or back to the door, I cannot say which. I imagined I heard a noise, which occasioned me to look towards the door, and I saw a man going out of the shop with the box.
Was there a light in the shop? - Several.
Where is your shop? - In Bishopsgate-street.
What did you do upon that? - I went to the door, and cried stop thief! or stop him! I do not know which.
Was he stopped? - He was brought back.
Do you know by whom? - By a gentleman who lives in Fleet-street; he is not here; he only assisted to bring him back.
Did you see him stopped? - No; I saw him run along the highway till he turned the corner of the street; then I lost sight of him.
How long was it before he was brought back? - Within five minutes, I believe.
When you saw him turn the corner had he the box with him? - He had.
Was the box ever brought back? - Yes; in a quarter of an hour after, by a woman who sells greens at the corner.
Is she here? - No.
Did you know the prisoner before this at all? - Not to my knowledge; we sent for a constable; he was secured, and has been in custody ever since.
Are you sure the man you saw go out of the shop, and run away with the box, is the man that was brought back? - I cannot say that I am quite sure.
What did the box contain? - I have a list of the things here which was taken from Mrs. Smith's list this morning.
Court. You cannot give that in evidence.
Can you recollect what the things were from seeing them in the box? - I did not see them till the prisoner was before the alderman the next day.
On the 29th of October, between five and six o'clock in the evening, as I was coming by Mr. Bowley's door, I observed the prisoner, and another man with him, looking into Mr. Bowley's shop; judging their intention by their appearance, I rather stepped by them, and turned round, when I saw the prisoner go into Mr. Bowley's shop. I saw him take up the box, containing the things mentioned in the indictment.
How do you know what the box contained? - I know it since by seeing them. He brought the box out of the shop. I stepped up upon the step of the door, and heard Mrs. Bowley cry out thief! he ran into the middle of the street, and came on the pavement again, and turned down Camomile-street. I pursued him, and overtook him in Camomile-street. I never lost sight of him from the time he came out of the shop till I overtook him; he dropped the box in the middle of the highway at the end of Camomile-street. I laid hold of him, and carried him back to Mr. Bowley's shop.
Is the prisoner the man? - I am very certain he is the man; he was never out of my sight.
How soon after did you know what things were in the box? - The next day at the Mansion-house; they have been ever since in the custody of the constable.
To Mrs. Bowley. Is the prisoner the man that was brought back to your shop? - That is the man.
Prisoner to Russel. Whether you brought me into the shop? - I did, and then went back to see for the things; a woman, who keeps a stall at the corner of Camomile-street, had taken the box up.
Jury. Was the box never opened when it was brought back to Mrs. Bowley's shop? - Not to my knowlege.
Prisoner. How far was you from me when you saw me drop the box? - About two yards; I was obliged to jump over the box to prevent myself falling.
Did you, on the 29th of October, leave a box in the shop of Mr. Bowley? - Yes; a paper band-box tied up in a handkerchief; it contained the things mentioned in the indictment (repeating them). I left it about three o'clock; it was tied up in a white cloth, and corded as I brought it from the stage. I was in the house at the time. I put it on a tub, or something that raised it from the ground as high as the counter.
Prisoner to Russell. At how far distance was you when you saw me go into the shop? - Close by the shop-door; the other man, who was with the prisoner, saw me, but the prisoner did not, as his back was towards me.
To Mrs. Bowley. Did you see Mrs. Smith set down the box? - I cannot say whether Mrs. or Mr. Smith set it down; I saw it immediately after.
Was it corded when you saw it? - It was.
Russell was not the man that brought me to the shop; he knows I was the person that called stop thief!
To Mrs. Smith. What do you reckon to be the value of these things at a low valuation? - About 40 s.
Tried by the London Jury before Mr. RECORDER.
22. AMELIA DUNKLEY was indicted for stealing a black silk woman's hat, value 3 s. a silk cloak, value 6 d. a linen handkerchief, value 6 d. a silk handkerchief, value 2 s. a muslin handkerchief, value 1 s. and a diaper table-cloth, value 2 s. the property of John Mead , Oct. 20th .
I am the wife of John Mead . On the 20th of October I lost the things mentioned in the indictment (repeating them). I went out between five and six in the evening. I left no one but the prisoner in my apartment. I am certain the things were all there except the two handkerchiefs, when I went out, because I put my drawers to rights that day, she had taken them out of the drawer on the Monday.
How long did you stay out? - About three quarters of an hour; when I returned she was gone; she had left the doors open. I lodge in the lower apartment; there is no one lodges in the house but me and an old gentleman, he was out; the prisoner had said she was ill; I thought she was gone to lie down; I went up stairs to look for her, and when I returned to my own room, I found one of my drawers open.
Did you, before you went up stairs to look for her, shut the house-door when you came in? - No; I did not, I left it open.
You did not see your drawers open when you first went in? - No; I did not observe that.
How long was you out of the room before you returned and found the drawers open? - I suppose not more than half a minute.
How many rooms in the house did you go into to look for her? - Only one, a one-pair-of-stairs room. We found her on Friday evening the 22d, in Dyot-street, in a bad house, and she had my clothes upon her; her father and mother came to my apartment, and fetched me to their house, where the prisoner was. John Lambert , who went with me, spoke to her, they would not let me speak to her.
Was you present? - Yes; he asked her about my things, and she denied knowing any thing of those that were found upon her; her mother had brought the hat and cloak, and laid them on the table; she owned to them. I asked her how she could use me so; she said she did not know; she had sold my handkerchiefs and table-cloth to a Mr. Tipton in Field-lane.
Was she searched? - No.
Did she own to the other things, when the constable came? - Yes; and told me where she had sold them.
Did you, or any body in your presence, make any promise to her to induce her to confess? - Not that I know of.
Prisoner. She told me if I would confess I should be forgiven.
Prosecutrix. I never promised such a thing in my life.
Jury. Was she your servant? - Yes.
Prisoner. I was there by day. I did not lie there at night.
Prosecutrix. She had been in my service a week all but one day. I took her weekly to mind my shop and business for me while I was out.
Who did you find there? - The prisoner, and her father and mother. I asked her how she could be so bad a girl to rob her mistress in that manner; she said she could not tell what was the reason of it.
Were any of the things produced then? - Yes; a black hat and silk cloak; they were lying on the table; she said she had got into bad company. I asked her where she
Did she acknowledge any thing about these things? - She acknowledged she took these things away. I said I thought it would be a very honest thing if she would confess what company she had got into, and what had induced her to rob her mistress in this manner.
Did you tell her it would be better for her to confess? - Yes; I did tell her so.
Was that before she acknowledged taking the things? - Yes.
Did Mrs. Mead say any thing about its being better for her? - Not in my presence.
Did she say any thing about forgiving her? - Not that I know of.
Did you know, before she confessed, how the hat and cloak came there? - No; they were on the table when I went in.
I am a constable. I was sent for on Friday the 22d of October, to a house in Cock-lane, where the woman and girl were; the hat, silk cloak, and apron were there; she confessed to me as I took her to the Compter.
Court. I do not want to hear any thing she confessed. after that promise was made to her.
Martin. I found the table-cloth in Field-lane.
Not on the prisoner? - No.
Is the person you found it on here? - No.
She told me, if I would confess, she would forgive me; the room was full of people. I did confess directly.
Tried by the London Jury before Mr. RECORDER.
23. EDWARD FIELD was indicted for stealing a woollen cloth coat, value 40 s. a woollen cloth waistcoat, value 10 s. a pair of woollen cloth breeches, value 10 s. another cloth coat, value 3 l. a man's hat, value 3 s. and a cheque linen cloth, value 3 s. the property of John Evans , Nov. 22d .
I am a hair-dresser . On the 22d of November I lost the things mentioned in the indictment out of my house in Bow-lane (repeating them); the prisoner was my journeyman . I went out about eight in the morning among my customers, and left the prisoner and my apprentice at home. The things were taken out of a drawer up one pair of stairs.
Had the prisoner any business in that room? - No business in the least. I came home, and went up stairs into the room where the things were, and missed the hat; it hung on a pierglass.
Did you find any of the things again? - The prisoner left some of them at a publick-house in Little-Britain; the person who keeps the house is here, her name is Marlow.
You found some of your things at Mrs. Marlow's? - Yes; after I advertised them.
What did you find there? - A suit of clothes, green mixture; the rest of the things were found at different places.
I keep the White Horse in Little Britain. The prisoner came to my house on the 22d of November, and called for a pint of purl, at about a quarter after eleven in the morning; he sent me a shilling to change by my servant which I disputed. I went to him in the tap-room, and told him I thought it was not a good one; he begged the favour of me to let him leave a parcel. I told him he might; he said he would call or send for it. In the morning of the 23d I was looking into the newspaper for a particular thing I wanted to see. I saw an advertisement that answered the description of the prisoner. I immediately sent to Sir John Fielding's. I did not know how to act.
Prisoner. The prosecutor promised me, if I would discover the things, he would not prosecute me, nor hurt me.
I went from Sir John Fielding 's to Mrs. Marlow's. I waited about an hour, and a girl came for the things. I stopped the girl, and after some time she told me she was sent by Field, and where he had appointed to meet her. I went to the place, and when he came I took him into custody, and on his head I found this hat (producing it.) (It was deposed to by the prosecutor.)
Cartnall. I searched him, and found upon him a pawnbroker's duplicate of a coat pawned for 15 s.
At what pawnbroker's? - Mr. Fleming's, in Chancery-lane.
I am a pawnbroker. On Monday, the 22d of November, I took in a coat of the prisoner, I lent him 15 s. upon it.
(The coat was produced in court, and deposed to by the prosecutor.)
I leave myself to the mercy of the court, and the Jury.
Tried by the London Jury before Mr. Justice BLACKSTONE.
I live in Cumberland-street. I am in the stay business . I lost a gold ring last Sunday night, a little after eleven o'clock, as I was going home; the prisoner followed me; he touched the lace of my cloak, and asked me, did I want a coach? I held out my hand and said no; he catched hold of my hand and held it fast till he got my ring off my finger; I had no glove on either hand; I had hold of him, and called the watch, before the ring was quite off; it was off when the watchman came up. The watchman took him to the watch-house, and delivered him to the constable.
Was the ring ever found? - No, he said he was waterman to the horses.
This was after eleven at night? - Yes; I kept hold of him till the watchman came up.
Did he ask you for any thing else? - Nothing but if I wanted a coach, I said no.
Might not the ring drop off as he squeezed your hand? - No, he catched at the finger with the ring and pulled off the ring.
Prisoner. Whether she can swear I am the identical person that did it.
Prisoner. Whether she can swear there was any body near me for me to deliver the ring to?
Garrett. I cannot say; there was a man behind him, who ran away as soon as the ring was off.
Between eleven and twelve o'clock, the prisoner was brought to the watch-house by the watchman; the prosecutrix charged him with taking her ring; I searched him, but found nothing upon him; she said he followed her to Sweet-Apple-court and took hold of her hand and forced the ring off.
For the Prisoner.
My Lord, I am a Calvinist in my principles, and desire I may be sworn according to the present from of the church of Scot-land, with an uplifted hand, and not to kiss the book. (His request being granted, he was sworn.) I am a coachman. On Sunday evening, about a quarter before twelve o'clock the prosecutrix passed me as I was feeding my horses, by Sweet-Apple-court; the prisoner spoke to her in a low voice; I could not hear what he said; they walked together twenty-nine paces by my measurement, and conversed a few minutes; I thought they were going about some other business; when they were at the corner of Dunning's-alley, she called watch; I went
Tried by the London Jury before Mr. Baron HOTHAM.
25. JOHN FLETCHER was indicted for stealing a cloth coat, value 4 s. a cloth waistcoat, value 2 s. a pair of cloth breeches, value 2 s. a nankeen waistcoat, value 1 s. four men's linen shirts, value 8 s. a pair of worsted stockings, value 1 s. a pair of thread stockings, value 6 d. and two linen stocks, value 6 d. the property of Moses Levi , December 7th .
I live in Petticoat-lane ; I am a packer by trade. On Tuesday last I lost the things mentioned in the indictment; they were taken out of a box in my chamber; the prisoner lodged in another room in the same house.
I am headborough of the parish. I was sent for; I apprehended the prisoner; in searching him I found one stock in his pocket, and another round his neck; the prosecutor said, if that was his stock there were round holes in it; it was taken off his neck, and the round holes found in it; the prisoner then owned it.
(The stocks were produced in court, and deposed to by the prosecutor.)
I am a baker; I live in the neighbourhood. I am the person who first raised the suspicion of the prisoner; I met him with a bundle under his arm, about six in the evening; I laid hold of him, and asked him what he had there; he said it was nothing to me; I asked where he was going to carry it; he said what business was that of mine. Hearing something had been lost in this way, I informed Levi of it, and that led to a suspicion of the prisoner, and occasioned his being secured.
I am servant to Mr. Bunn, a pawnbroker in Houndsditch, the duplicate, found upon the prisoner, is a duplicate of our shop, it is dated the 7th of December, 1779, and is for a suit of clothes, upon which seven shillings were lent in the name of John Fletcher. I do not know the Prisoner.
(The goods were produced in court and deposed to by the prosecutor.)
(The prisoner did not say any thing in his defence.)
Tried by the Second Middlesex Jury before Mr. Justice BLACKSTONE.
I was standing in Guildhall to see the lottery drawn; I saw the prisoner behind me, and saw him put his hand into his breast, but I did not see the handkerchief. Mr. Payne came up and took him into custody.
I was clearing the steps at Guildhall. The prosecutor is one of my neighbours; he said he had lost his handkerchief; I seised the prisoner by his collar; the handkerchief dropped in pulling him along. I took him into the Justice's room to search him, and found this handkerchief (producing another) upon him; in five minutes a man came up and said I picked up this handkerchief directly under where you took the fellow. I went up to the Mansion-house; no justice being then at Guildhall, this little boy, William Smith , came before the Lord Mayor, and said he saw the prisoner pick the prosecutor's pocket.
I was behind the prisoner; I saw the prisoner take the handkerchief out of the prosecutor's pocket.
I went to Guildhall to see after some numbers. I never put my hand into the prosecutor's pocket. I might brush him perhaps as I passed him.
Tried by the London Jury before Mr. RECORDER.
DANIEL CURRANT was indicted for stealing 3 lb. 8 oz. of tobacco, value 5 s. the property of John Butler , November 1st .
NOT GUILTY .
28. RACHAEL BARNET was indicted for stealing five muslin aprons, value 5 s. a striped silk gown and coat, value 20 s. a callico Jacket, value 2 s. 6 d. two callico petticoats, value 5 s. four linen shifts, value 5 s. a pan, value 1 d. three pair of silk stockings, value 5 s. a cloth riding habit with silk waistcoat, value 10 s. four pocket handkerchiefs, value 6 d. and two pair of lace russles, value 2 s. 6 d. the property of Mary Kirkpatrick , spinster ; a pair of paste buckles set in gold, value 40 s. three muslin aprons, value 3 s. two muslin gowns, value 20 s. two dimity jackets, value 5 s. two dimity petticoats, value 5 s. two linen shifts, value 5 s. five pair of silk stockings, value 5 s. one pocket fan, value 1 d. and two yards of lace edging, value 2 s. the property of Margaret Pointon , spinster , October 8th .
On the 8th of October I was coming from Hounslow in a chaise, in company with Miss Pointon. The goods mentioned in the indictment were in a trunk, which was fastened with two straps before the post-chaise. At about a quarter after seven in the evening, when we had got about two hundred yards up the Strand, the post-boy looked back, stopped his horses, and said the trunk was gone. We went directly to Sir John Fielding 's; the post-boy was examined; they rather suspected him, but he was discharged; and about a fortnight after I saw some of my things hanging up to be sold at a publick sale-shop behind St. Clement's church; I went to Sir John Fielding 's, and told Mr. Bond of it, and he sent a man with me to search the house; the name of the man who keeps the shop is Shade; we found there some of my things which were in the trunk. The contents of the trunk were worth 100 l. There was 40 l. in money. A great number of the the things were never found. I found at Shade's a silk gown with the trimmings picked off; the trimmings were found in the possession of the prisoner. Mr. Shade, being a constable, went in search of the person he bought them of, and took her the same night, and the next day we went before Sir John Fielding .
I keep a piece-broker's shop, at the back of St. Clement's church, a sale-shop we call it. Part of the things I have in this bundle (producing it) I saw bought of the prisoner. My wife buys goods, I do not.
Mrs. SHADE sworn.
Who brought these things to your shop? - The prisoner at the bar, on the 12th of October.
Is there any particular circumstance that leads you to recollect that it was on the 12th of October.
To Mrs. Shade. What time did the prisoner bring them? - Between ten and eleven o'clock; she said she bought them at a gentleman's house; that a lady was dead in the family, and that these things belonged to that lady. As they seemed to be one person's wear, I thought it might be so.
Did you ask her who she was? - No, I had some slight knowledge of her; I had seen her with her sister, and knew her by name; she brought the things at five different times; I looked upon her to be a dealer. She said she did not bring them all at once because she had not money to pay for them. There were two or three days difference between the times. I gave her 8 l. 8 s. 6 d. for the whole.
Did you at any time question her more particularly how she came by them? - She always said the same thing; I looked upon her to be a dealer; I knew her sister to be a dealer.
Have you any doubt that the prisoner is the person who sold you these things? - No.
Are you sure these are the same things you bought of her? - Yes, they have been
(The things were produced in Court and deposed to by Miss Kirkpatrick and Miss Pointon.)
Cross Examination of Miss Kirkpatrick.
Do you know them by their being like those you lost or by any particular mark? - I know them to be my own, the shifts are my own make.
Then you do not know any thing but the shifts? - Yes, I know the gown to be mine.
The trunk was taken from the chaise in the Strand? - Yes.
It was a large trunk and very heavy I believe? - No, it was not a large trunk.
Did you see the prisoner near the chaise that night? - No.
Was not she first charged with receiving them? - Sir John ordered her to be committed for the theft; there was a part of the riding-habit found upon her, and some lace that belongs to us.
Was you before the justice? - I was.
You had no suspicion at that time that the prisoner stole them I believe? - I cannot say that she stole them, I did not see her near the chaise at the time. Some things were found upon her.
Mr. Shade. I took her up.
Did she make any confession in your presence? - None.
I went with Mr. Shade, and found out the prisoner's lodging, and in a drawer I found this fan, a piece of lace and edging, and a pawnbroker's duplicate of two gowns that were pawned.
(The fan, the piece of lace, and the edging were produced in court.)
Miss Pointon. The edging was round the cuff of the gown.
Miss Kirkpatrick. I had such a fan; I cannot swear that this is mine.
(They were produced in court, and deposed to by Miss Kirkpatrick.)
To Miss Kirkpatrick. Was you present at the examination of the prisoner? - Yes; she said she bought the things of her brother.
The frock was given me to make a frock for a child.
To Miss Kirkpatrick. Was the trunk fast to the chaise when you set out? - Yes, it was.
You missed it in the Strand? - Yes.
Did you hear any body near the chaise? - We heard some women cry out at Charing-cross, but we did not stop.
NOT GUILTY .
Tried by the Second Middlesex Jury before Mr. RECORDER.
29. MARIA ANN DONNE was indicted for burglariously breaking and entering the dwelling-house of Timothy Marshall on the 16th of November , about the hour of twelve in the night; and stealing two mahogany tea-chests, value 10 s. six china cups, value 2 s. six china saucers, 18 d. a china bason, value 1 s. and two linen table-cloths, value 2 s. the property of the said Timothy, in his dwelling-house .
I am a farmer at West Drayton . It is usual with me to go with my servants of a night, to see my horses racked up; I did so on the 16th of November, at about eight o'clock, and then went in as usual to supper; after supper I saw all the family in bed.
About what time did you see all the family to bed? - About nine o'clock; I then went down into the kitchen and saw the kitchen window was fast; I went into the hall and saw the hall door fast; I went out and made water under the parlour window, and saw it was shut, but I did not go into the parlour, to see if it was fast; I locked the parlour door and went up to bed.
Was there any screw in the window? - Yes.
The shutters were shut? - No, the shutters are seldom shut, the sash was.
Was it daylight then? - No, it was not. I halloo'd immediately to Sam. Smith , to know if he had been near the house; he said no; I bid him come then for I was afraid there was some body in the house.
How many had you in family? - My wife, myself, two girls, two boys and a man. the housekeeper was sick. The boys are always first up. I went into the room and found the parlour door locked as I left it.
You left the key in the parlour door when you went to bed? - Yes; there is a staircase in the parlour that leads into the cellar; opposite this staircase there is a light twelve inches wide and eighteen inches high, that light was pulled out of its frame and broke to pieces. I missed two tea-chests, one of them a plain one, that stood on the sideboard which had been used at seven o'clock the night before. I missed china cups and saucers, which I breakfast with every morning; they stood on the mahogany breakfast table like a sideboard, with the plain tea-chest; I had used them the morning before; and a china slop-bason. There was a clothes-press in the room; the maid said there was a table-cloth taken out of that.
Was there any thing lost out of the cellar? - They had broke a hole through the wainscot into the wine cellar; I missed some Lisbon wine, and some Mountain. I went to a pawnbroker's at the end of Hounslow, where they sell china, to see if I could find my china.
Did you find any china? - No; but the girl said there had been a woman there with some, and she gave me a description of the woman and her mother advised me to go on to Brentford. Just at the end of Hounslow, I saw the prisoner on the Maidenhead coach; she was mussled up, I could not see whether it was her or no.
What time in the morning was this? - Between eight and nine o'clock, a little after eight. The prisoner had lived a servant with me about a twelve-month before. I was on the off side of the coach, then I went on the near side, and saw it was her, and said Maria, where are you going; she made no answer. I asked the coachman where he took her up; he said at Colnbrook. I desired the coachman to stop, that I had a strong suspicion of his passenger; he was very morose and would not stop, but drove on suriously; I then rode on to Mr. Polliant, a constable, at Brentford, and got the coach stopped; the coachman would not let the constable take her off the coach till I had paid her fair, which I did, and which was one shilling.
Did you search her? - The constable asked for her bundles; she said she had none. Polliant said she had; the coachman then got down and put two bundles out of the coach; as soon as I saw them I knew they were my things; there were the two tea-chests tied up in the table-cloth.
Did you find the china there? - Yes. We took her to the King's Arms, and then to Mr. Drinkwater the justice.
Did she own her bundles? - I cannot say that she did, I did not ask her.
Did she at any time after? - I do not know that she did.
Was she committed? - Yes, on suspicion of the burglary.
- POLLIANT sworn.
I am a constable. I know nothing of the matter but only taking the woman off the coach; the coachman delivered the bundles out.
Did the prisoner acknowledge they were her bundles? - No, not positively, I believe.
NOT GUILTY .
Tried by the Second Middlesex Jury before Mr. RECORDER.
CATHERINE QUIGLEY was indicted for stealing two ticking pockets, value 6 d. and 17 s. in monies, numbered , the property of Thomas Timmings , Nov. 9th .
(The prosecutor was called, but not appearing, the court ordered his recognizance to be estreated .)
I am a broker . On the 19th of November, we were informed a woman had taken a tea-chest from the door. My boy went after the prisoner, he brought her back and took it from under her cloak; I was up stairs at the time.
I was in the shop with my mistress serving a customer; a woman came in and said a woman had taken a tea-chest; I went after her, and found the tea-chest under her cloak; I brought her back; the prisoner is the person; she went down on her knees, and said she hoped my mistress would forgive her.
(The tea-chest was produced in court and deposed to by the witness.)
(The prisoner did not say any thing in her defence.)
Tried by the London Jury before Mr. RECORDER.
32. RALPH GAMMUL was indicted for stealing a pair of shoes, value 5 s. 6 d. a piece of a silver spoon, value 6 d. 2 lb. 12 oz. of stone blue, value 2 s. 6 d. 6 oz. wt. of wax taper, value 12 d. 6 oz. of flat prunella, value 4 d. one copper stewpan, value 18 d. one copper lamp, value 12 d. three linen aprons, value 8 d. four frog-mouthed brushes, value 2 s. 3 d. 59 lb. of yellow soap, value 1 l. 10 s. 50 lb. of white soap, value 1 l. 5 s. 60 lb. of mottled soap, value 1 l. 10 s. 13 lb. of curd soap, value 7 s. 5 lb. of gum sandriac, value 2 s. 6 d. half a firkin of soft soap, value 13 s. three two-gallon bottles, value 3 s. one four-gallon keg of spruce beer, value 12 s. one four-gallon keg of mum, value 12 s. ten dozen of camel-hair pencils, value 5 s. a wooden box, marked G. Arabic, value 3 d. a bottle marked Oldham and Burnham, value 12 d. 18 gallons measured of lamp oil, in five bottles, value 2 l. 19 s. together; four gallons measured of drying oil in two stone bottles, value 14 s. together; two gallons measured of linseed oil in one stone bottle, value 6 s. together; half a firkin of other soft soap, value 13 s. seventeen dozen of swan quill painters pencils, value 17 s. 26 lb. of hair powder, value 10 s. twenty-two blacking cakes, value 5 s. 6 d. twelve blacking balls, value 3 s. twelve black lead pencils, value 2 s. five washballs, value 15 d. 8 lb. of nut galls, value 6 s. 1 lb. of blue verdiler in a stone jar, value 3 s. together; 56 lb. of bay salt, value 5 s. 42 lb. of allum, value 4 s. 6 d. 196 lb. of hard soap, value 5 l. 15 s. 6 d. 8 lb. of stone oaker, value 4 s. 1 lb. of other wax taper, value 2 s. 6 d. 2 lb. of powdered verdigrease, value 3 s. 1 lb. 8 oz. of French verdigrease, value 2 s. 6 d. 10 lb. of white lead, value 20 d. 3 lb. of rock indigo value 9 s. 6 lb. of French chalk, value 2 s. 14 lb. of resin, value 2 s. 6 d. 8 oz. of Prussian blue, value 5 s. 12 oz. of annotto, value 3 s. 3 lb. of vermilion, value 13 s. 6 d. and 4 oz. of droplake, value 8 s. the property of John Griffin , November 8th .
I am shopman to Mr. Griffin, who is an oil and colourman . The prisoner was his porter . I suspected the prisoner of taking things, from his pockets appearing to be loaded when he went out of the shop; upon the 8th of November he was going out about some business, his pockets being loaded I stopped him; I desired to know what he had got there; he made answer nothing but his own property; I told him if it was his own property he need not be afraid to show it me; he refused to let me see it. I got him into the counting-house; he said then if I would
That was on the ground floor? - Yes.
Where did that window go to? - Into Bridge-street. I pursued him into Black-friars; a gentleman who stood at the door when he made his escape told me which way he was gone. I called out stop thief, and a gentleman stopped him and brought him back again. I got him into the counting-house again, and Mr. Spaughton, an officer, came in, and I gave charge of him; he searched him, and found in his pockets more than two pounds of stone blue, about six ounces of wax-taper, and some flat prunella, and three keys; one a kind of a pick-lock key, which will open the shop-door.
Did you try it? - Yes; there was another key that opens the boiling-house at Windmill-hill, where we boil oil, and the other key opened his box.
Can you swear to any of the articles which were found upon the prisoner being your master's property? - They are articles we cannot swear to. He was taken to Guild-hall; from some talk in court I had a suspicion that his brother in Goswell-street was concerned with him.
The prisoner was my porter. I had a suspicion some time ago that he was not so honest as he should be, and desired my shopman to observe him. On Monday, the 8th of November, I came to town about eight o'clock, and found the prisoner and my shopman were gone before the sitting alderman. I went to them; the shopman told me he had a suspicion of the prisoner's brother. I went to Justice Blackborough, and got a warrant to search the brother's house. When I came back, the sitting alderman was gone, and the hearing was referred to Wednesday; on coming out the prisoner desired me to be merciful to him. I said nothing to it; that was all that passed. I went the next day over the water to one Elizabeth Gaston , and found some things that are my property there. I went to the prisoner's brother's, and found some more there. The constable came on the Wednesday. I went up stairs with him and searched the prisoner's box, there I found a pair of shoes of mine which I had in the summer, but they were rather too short for me, and a piece of a silver spoon that was my property. I had missed the shoes, but, as my house was repairing, I thought the workmen might have taken them, and therefore said nothing about them; my name is wrote in the shoes. I am sure the piece of a spoon is my property; I had sold the bowl of it some time before among some old silver.
This woman you talk of had been servant in your house and had left you? - Yes.
Do you know any thing of the things that were lost from Mr. Griffin's. - There were many of them found in my apartment by the shopman, and some people that came with him.
How long have you left Mr. Griffin's service? - I left his service at the end of February, or the beginning of March last.
Did you use to go there frequently after you left his service? - No; I did not. I lived fellow-servant with the prisoner. I thought him a civil, honest, just man. I thought of going into a little business; he offered to help me out. I knew that he knew better how to buy things then I did; he sent some of the things, and brought others.
To Parker. Was the prisoner with you at the time you searched this woman's lodging? - No.
Can you recollect any of the things that were found in her lodgings? - There were some brushes of my master's with my mark on them.
You do not take the mark out when you sell brushes? - No.
I am an apprentice to a shoemaker; these shoes of Mr. Griffin's have my handwriting in the inside of them. I know them to be his. I only rounded the upper-leathers of them.
I searched the prisoner's box, and found these shoes, which are a pair I made for Mr. Griffin. I found in the box a parcel of brushes, a silver knee-buckle, a penknife, some Prussian blue, and a piece of a silver spoon; the buckle and pen-knife belong to Parker.
Mr. GRIFFIN sworn.
The piece of a spoon is mine, it is marked 1 E.
Are the brushes your's? - Upon my oath I believe them to be mine; I cannot swear to them, they have the maker's mark upon them, but no mark of mine; there are many things in a hamper here that were found at Gaston's that I can swear positively to, and which the prisoner confessed to.
Spraughton. I am a constable. As I was going by I saw a concourse of people at Mr. Griffin's door; I went in; the shopman told me the prisoner had robbed his master, and he gave me charge of him; I searched him, and found some Prussian blue upon him, and a key that will open the shop, door, and another that will unlock the padlock of the boiling-house at Windmill-hill, Moorfields.
Cross Examination of Mr. Griffin.
As the house was repairing, and the workmen about, I suppose you bid your servants take care of the things? - I did bid the prisoner take care of the things to be sure, but not to lock them up in his own box, and not return them to me.
Court. How long had the house been repairing? - It had been about three months, I believe; it began in July; it is not to rights yet.
Did you ever enquire after the shoes, or piece of spoon, during this time? - No; the keys of my garret and cellar, and places where my goods are, are kept in the shop of a night, so that by means of the pick-lock key he could get at the other keys.
I am servant to Mr. Griffin. On the 8th of November, when the prisoner was detected, I went into the counting house to see what was the matter. Parker said he wished he had a constable. The prisoner desired I would not get a constable, and begged me to intercede with his mistress for him. When he was in the Compter he sent me a note, desiring me to come to him. I went; he then said he should be glad if I would intercede with his master to be favourable to him, and he would give him all his clothes and all his money, and go into the country and amend his life. I said the best way to obtain his master's favour was to tell where he had deposited his master's effects.
Court. You must not mention any thing more that he said after that.
On the 8th of November I stopped the prisoner, who was running in Shoemaker-row, Blackfriars, and presently after Mr. Griffin's shopman came up. I really thought I had stopped the wrong person, knowing both parties. I said this is your man; he said yes, he is the thief, upon which the prisoner said he would go quietly back. I was present when his box was searched, and saw the things taken out of it.
(The prisoner in his defence called three witnesses, who gave him a good character.)
GUILTY of stealing to the value of 10 d.
Tried by the London Jury before Mr. RECORDER.
I lost a penknife about three months ago, and a silver knee-buckle about ten days before.
Did you enquire after the things after you missed them? - Many times I asked the prisoner; he denied knowing any thing of them; they were found in his box in my presence.
I was present when the box was searched. I can swear to the penknife; it used to lie on the desk behind the counter, where the shopman used to write. I asked the prisoner what was become of it; he said he did not know.
(They were produced in court, and deposed to by the prosecutor.)
Tried by the London Jury before Mr. RECORDER.
33. 34. JOHN HOWELL and ELIZABETH BROWN were indicted, the first for burglariously breaking and entering the dwelling-house of William Davidson , on the 25th of October , about the hour of three in the night, and stealing 362 silk handkerchiefs, value 30 l. nine linen handkerchiefs, value 5 s. seven muslin handkerchiefs, value 3 s. six linen handkerchiefs, value 2 s. two linen handkerchiefs, value 1 s. a muslin handkerchief, value 1 s. a muslin handkerchief, value 2 s. a half-muslin handkerchief, value 1 s. two muslin aprons, value 2 s. a muslin neckcloth, value 12 d. two linen caps, value 1 s. a shirt-buckle, with stones set therein, value 3 s. and a gold locket, value 2 s. the property of the said William Davidson , in his dwelling-house , and Elizabeth Brown for receiving the above goods, well knowing them to have been stolen .
GEORGE M'LANE sworn.
Do you remember fastening up the house on the night of the 25th of October? - I do not recollect fastening the house that night; I had just come out of a fit of illness, and went to bed sooner that night than some others of the family.
Was you in the garret that night? - Yes, at about eight o'clock. I did not miss any thing then, every thing appeared as usual.
When did you go into the garret in the morning? - About seven o'clock; there were seven or eight shelves empty; a great quantity of linen, and different sorts of handkerchiefs were taken away; there were found about 352 in the prisoner Howell's bed afterwards, there were eight tiles taken off the roof of the house; there is a space between the roof and the joists of about twenty-five inches, which is rather too flat for a man to get in, without straining himself very much; he must have squeezed through there; about the distance of a foot, then there was a hole through the lath and plaister into the garrat, big enough to let in a large man, that was the way the person must have got in; in the inside of the tiling I found two buttons, and have them now in my possession.
Did you give any account of the loss to the pawnbrokers in the morning? - Yes; and in consequence of an information I went about eleven o'clock to the second or third house in Dunning's-alley, which is about twenty yards from our house. I enquired if Elizabeth Brown lived there; I was told she did. I went up stairs, and enquired if she was within; the prisoner Howell said she was not. I said she was just come up, and I was sure she was there; he refused to let me in; I put my hand on the door, and went in; I laid hold of him by the collar, and said he was the man I wanted.
Was there any body with you?
Yes, Mr. Davidson's boy. We found, before the constable came, upwards of 300 handkerchiefs, on the bed and under his bed, in his room. I observed, before several persons, that I had found two buttons; there were two buttons missing from the bottom of Howell's waistcoat, and one that was left on corresponded with the two I found; that button was cut off, and delivered to the constable. (The buttons were produced in court.)
Court. It was seven in the morning before you went into the garret? - It was.
How high is the cieling of the garret? - Between nine and ten feet; the cieling was cut with a knife, and taken out by pieces; there was a ladder in the room.
Did you go first into the room in the morning? - No; the boy, whose name is Cameron, went into the room first; I went in about half an hour after.
Did he tell you there was any thing missing in the room? - He did not.
Did he tell you the cieling was broke, and somebody had been in? - He did not; when I saw him he was not in that part of the warehouse.
He had been in half an hour before you? - I cannot be certain; he had been in some time before; it was not in the room where the cieling was broke that the goods were taken from, there was a door between the rooms not shut.
Which of the rooms did you first go into? - Into the room the goods were taken from.
Did you immediately miss the goods on going in? - I did.
Jury. Which room did the apprentice go into first? - Into the room the goods were taken from.
Did he take any notice of it? - He did not, as he told me when I asked him.
Where is the apprentice? - He is at home.
There were some ladders in the room where the hole was? - Yes, which we make use of to remove the goods from one shelf to another.
How near was the hole in the cieling to the wall? - Close to the wall by the window.
When you went in was there a ladder standing near that hole? - There was not.
Where does the window open to? - Over a parlour sky-light of our own; it was a two-pair-of-stairs window; there was a shelf near the hole that a man's foot could reach from the hole.
How high is that shelf from the floor? - About four feet.
I searched Howell in the presence of Mr. Davidson; I found thirty-six or thirty-seven handkerchiefs in his coat pocket, waistcoat pocket, and breeches. I was not present when the handkerchiefs were found in the room. I asked him how he came by them; he said he dealt in these things, and that they were his property.
On the 26th of October I was informed by Mr. Davidson's young man that Mr. Davidson had been robbed, and lost a great number of handkerchiefs and other things. About an hour after that the prisoner Brown came to my shop, and brought two handkerchiefs pinned up, as pawnbrokers pin their handkerchiefs up, when they put them on a shelf. I bid the boy make out a duplicate, and I would give her the money. I told my boy I had a suspicion of her, and bid him keep her till I came back. I went to Mr. Davidson's; when I came back she was gone. I went to the room in Dunning's-alley, and saw the two prisoners. I knew the woman again directly; there were three hundred and odd handkerchiefs found in the room. Mr. Davidson and M'Lane claimed them immediately. Upon Mr. M'Lane saying they found two buttons I said I thought it was proper to examine him to see if there were any like them on his waistcoat. I saw there was one like them, and I desired Prosser to take it off; he did; I got a coach; as he was going into the coach I said he seemed stuffed about the breeches; he said stay till I get into the coach, and I will give you all I have, and he produced thirty-seven handkerchiefs out of his breeches, and from his coat and waistcoat.
Was there any enquiry made of the prisoners how they came by the things? - Not to my knowledge.
Did you hear either of them say any thing about them? - I think, to the best of my knowledge the man said he dealt in those things.
(The goods were produced in court, and deposed to by the prosecutor.)
I went up to this woman's room; she showed me these handkerchiefs, and said she had bought them; she asked me if I could
I have known Howell from an infant. I never heard, nor expected to have heard, any thing of this kind of him. I have not known him very lately. I have not been long come from Lisbon.
I am an engine windster . Going down, about seven o'clock in the morning, Howell asked me if I lived there; I said yes; he had a bag; he said they were smuggled goods; that he was afraid of the custom-house officers, and desired me to let him leave them. I put them under the bed; he said he would come back presently; he did not come, and at about twelve o'clock I went to pawn two of them. I have no witnesses.
HOWELL NOT GUILTY of breaking and entering the dwelling-house, but guilty of stealing the goods in the dwelling-house . ( Death .)
BROWN NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
35, 36, 37, 38, 39, HUGH MULVEY , BENJAMIN FETTER , JOHN WILEY , JOHN WOODMORE , and JAMES STEWARD , were indicted for burglariously breaking and entering the dwelling-house of Thomas Farley , on the 16th of November , about the hour of ten in the night, and stealing two pair of women's stays, value 30 s. a silk gown, value 40 s. a black silk gown, value 10 s. three linen gowns, value 40 s. a crape gown, value 17 s. two quilted petticoats, value 20 s. two linen petticoats, value 18 s. a woollen petticoat, value 7 s. two silk cloaks, value 28 s. three women's silk hats, value 14 s. a linen bedgown, value 5 s. six diaper clouts, value 6 s. three pair of laced women's sleeves, value 3 s. and three laced caps, value 8 s. the property of the said Thomas Farley in his dwelling-house .
(The witnesses were examined apart at the request of the prisoners.)
I keep the Pickled Egg, a publick-house in Cold-Bath-Fields . On the 16th of November my house was broke open at about eleven o'clock. When I was going to bed I perceived I had lost wearing apparel out of my room to the amount of 10 l. I had put them some time before into baskets to sell. I had seen them there the same day. The baskets were left. They were taken out of the one-pair-of-stairs room. The one-pair-of-stair's window was opened, and the shutter forced in and split through the middle, so that there was room enough for a man to get in; that window is about twelve feet from the ground. My drawers were broke open. The prisoners were all in my house drinking almost all day, till ten o'clock at night. Wiley, Woodmore, and Mulvey, had been at my house once or twice before. I knew them, but did not know the others.
Are you sure Fetter and Steward were in their company? - Yes; they were there before I was up in the morning, and staid till ten at night; Mulvey and Fetter went out first about ten o'clock; they left Wiley and Woodmore behind.
What became of Steward? - I do not know any thing of him. I cannot say whether he was in the house or not. Wiley and Woodmore staid half an hour after Mulvey and Fetter; then they went away. When I missed the things the prisoners were all gone. I fastened the doors after they went away, but had not been in the room from whence the things were taken all the evensing.
I know Mulvey, Woodmore, Wiley, and Fetter. I went to Mr. Farley's about half past nine o'clock to have a pint of beer; they were all there then. I staid till a quarter past ten. When I was going away Wiley said I should stop and go along with him.
Was any thing said the first time you went out? - No; Fetter stood looking out of the window, and the others stood on the other side of the way. It was a dark night. When I went first to the house three of them were sitting on the bench at the door. Fetter was one of the three.
Did you tell the prosecutor, when you went in again, that you saw Fetter in at the window? - No; Wiley said, if the old man comes out, d - n my eyes! I will knock him on the head. I thought my life as sweet as any body's.
Did he say that when you went out to make water? - No; when I went out to go home; (my uncle and aunt live about three or four hundred yards off) I ran home and told them, but they did not take any notice of it that night. I was afraid to stir out again that night. I knew Wiley and Woodmore before, but I did not know Fetter and Mulvey's name. In the morning my uncle sent for the constable, and I and the constable went down to the prosecutor's house.
WILLIAM FOX sworn.
How old are you? - Sixteen years old. I was at Mr. Farley's house at half past nine o'clock. I went to look for Kilby. I did not find him there. I went there by appointment. The prisoners were none of them there then, neither upon the bench at the door, nor in the house; they came about five minutes afterwards, Jack Kilby came in and said, Ben Fetter , Jack Wiley , Jack Woodmore , and Hugh Mulvey , were siting upon the bench.
Whether these men were acquaintances of yours or not? - I did not know them except two of them; I have heard their names mentioned; I knew nothing of them before; Kilby might know them; Kilby told me they were all there; there were none of the men in the house when Kilby came in; Kilby and I had a pint of purl; we sat there drinking it; Jack Kilby said to me, I think I hear a window break; Woodmore and Wiley came in and were playing at the devil and the tailors, as they call it.
How long did you and Kilby stay after Woodmore and Wiley came in? - About twenty minutes.
Did they stay all the time? - Yes, Jack Wiley was plaguing Mr. Farley. Woodmore went out at one time and came in again, and Wiley went out at another and came in again. Kilby and I went away together, and Wiley and Woodmore followed us out; Wiley said Kilby should not go home, he should go along with him, that was just as they came out of the house; Kilby said he would go home.
While Kilby and you were there how often did Kilby go out? - Once, to make water, that was about five minutes, or a little better, before we went away.
Recollect yourself and tell me whether you are sure they were both in the house then? - I believe Wiley had gone out just before; Woodmore was in the house, I am sure of that.
Did you ever see Mulvey and Fetter in the house at all? - No, we went out and Wiley and Woodmore followed close after us, and said if we spoke a word they would kill us. Fetter looked out at the window and said are they up? Wiley answered no, d - n your eyes! then Mr. Farley or somebody in the house shut the door; then I saw Fetter throw the things out of the window, and Mulvey picked them up; Wiley staggered,
You did not go back to tell the man his house was robbed? - No, we were afraid to go back; we stood opposite his aunt's door, and thought we heard somebody whistle, presently after we saw three men come up Mount Pleasant, one had a bundle, whether it was them or no, I do not know.
How long did you stand opposite his aunt's door? - About ten minutes; there was nobody at it; I went home, and left Kilby standing there; the next day I was along with Kilby about eight o'clock; he had told his uncle and his uncle had sent up to Mr. Kippen; about one o'clock we saw Woodmore at Mount Pleasant, he said he wanted to speak to us, and wanted us to go to the dust-hill, Wiley was there.
Where did you first see him on the evening this affair happened? - At Mr. Farley's; we appointed to meet there after we had done work; he was there first.
How old are you? - Between eighteen and nineteen.
When you first went in where were the prisoners? - Three were at the door, and two were in the house.
How long did you stay with Fox? - About half an hour.
How long did Wiley and Woodmore stay after you went in? - They staid about the same time. Wiley went out and came in again.
What time was that? - That was in about a quarter of an hour; they were out and in five or six times in the half hour.
When you went in who were sitting on the bench? - Mulvey and Fetter; I did not know the other.
Did you say any thing when you went in who were without? - No.
Not to any body? - No.
How came you not to tell Fox who were sitting on the bench? - I did not know who they were then only by sight.
If you did not know their names you could not tell who they were? - No.
Who went out with you? - Fox.
Who did you leave in the house? - I cannot say who was in the house; there was Mr. Farley and his little girl; I do not know that there was any body else in the house. Mr. Farley shut the door when we came out; I cannot swear whether any of the prisoners followed us out or not.
Who went out first you and Fox or Wiley and Woodmore? - I believe Wiley and Woodmore.
Did Fox go home with you? - Yes.
Did you tell your uncle and aunt as soon as you went home what had happened? - Yes, I did.
Did Fox go in with you? - No, Fox went home; we stood at the door about ten minutes while my aunt came home. They were not at home at first. While we stood at the door we saw three men come up the hill, one had a bundle.
On the 16th of November I met two men in Crawford's Passage with two bundles.
Is that the passage from Mr. Farley's house? - Yes.
Who were they? - Mulvey and Fetter. I saw them by the light of the lamp; I believe it was them, but I cannot swear it. From what I could see of them by the light of the lamp I think it was them, they both had bundles. When I came opposite Mr. Farley's window I picked up something white, Wiley laid hold of it, and cried halves, and took it from me; it was something like a clout, but what it was I cannot tell, that is all I know of it.
Mulvey. At the justice's she said she knew no more of me than the child unborn; that she could not tell them from Adam.
I am a constable. On a Wednesday, I think it was the 17th of November, I was sent for before I was out of bed by Mr. Hilliard, who is Kilby's uncle; I got up directly and went to Mr. Hilliard's, and then went to Mr. Farley; on being informed he was
The prosecutor has sworn that I was in his house from the time he got up in the morning, till ten o'clock at night; I was there from ten to twelve, and then I went to Spitalfields, and never was in the house that day afterwards.
I am as innocent of it as the child unborn.
I am as innocent as the child unborn.
I went into the house to have a pint of half and half; I was there from eight o'clock at night till past ten, and then I went home.
(There being no evidence to affect Steward, he was not put upon his defence.)
(Wiley called one witness who gave him a good character.)
MULVEY GUILTY ( Death .)
FETTER GUILTY ( Death .)
WOODMORE GUILTY ( Death .)
WILEY GUILTY ( Death .)
STEWARD NOT GUILTY .
Tried by the Second Middlesex Jury before Mr. RECORDER.
40. THOMAS LAING was indicted for stealing twelve silver table plates, value 54 l. five silver dishes, value 20 l. eight silver salt cellars, value 10 l. a silver cream jug, value 20 s. a silver pint mug, value 40 s. two silver tumblers, value 40 s. six silver three-pronged forks, value 50 s. six silver vases, value 7 l. nine silver rupees, value 18 s. a piece of a silver sword hilt, value 5 s. a rim of a silver shoe-buckle, value 3 s. seven silver candlesticks, value 18 l. 10 s. two silver waiters, value 6 l. three silver pap-boats, value 30 s. a silver bread basket, value 7 l. two other silver mugs, value 33 s. seventy-six silver ladles, value 4 l. three silver cream ladles, value 4 s. six silver punch ladles, value 48 s. three silver tea ladles, value 9 s. a silver sugar ladle, value 10 s. a silver mustard ladle, value 3 s. three silver soup ladles, value 4 l. 10 s. a silver pepper ladle, value 3 s. 18 silver butter ladles, value 9 l. seventeen silver gravy spoons, value 16 l. thirty silver tea spoons, value 4 l. 10 s. forty-nine other silver table spoons, value 28 l. thirty-five silver desert spoons, value 14 l. a silver sugar spoon, value 10 s. a silver coffee pot, value 7 l. a silver water pot, value 40 s. two silver teapots, value 8 l. a silver milk pot, value 30 s. a silver mustard pot, value 30 s. a silver cream pot, value 20 s. another silver cream jug, value 30 s. two silver cream basons, value 4 l. a silver panakin, value 30 s. a silver fish trowel, value 30 s. a silver fish knife, value 30 s. two silver skewers, value 20 s. two other silver salt cellars, value 40 s. two silver bottle stands, value 40 s. three silver caddies, value 12 l. a silver sallad fork, value 20 s. a silver child's coral, value 10 s. a silver fruit knife, value 5 s. fifteen silver bottle labels, value 30 s. three silver fillagree bottle cases, value 20 s. eight pair of silver tea tongs, value 3 l. 4 s. two silver snuffer stands, value 3 l. a pair of silver snuffers, value 30 s. a silver nutmeg grater, value 7 s. a silver anti-gugler, value 20 s. a pair of asparagus tongs, value 30 s. a silver crewet stand, value 20 s. a silver crewet frame with five glass crewets with silver tops, value 3 l. 10 s. fourteen silver spurs, value 7 l. 10 s. sixty-nine silver knees buckles, value 6 l. sixteen silver knee buckles set with paste, value 40 s. thirty-eight silver shoe buckles, value 14 l. four silver gilt shoe buckles, value 42 s. sixThomas Jeffries and William Jones , July the 1st .
To which indictment the prisoner pleaded GUILTY .
Counsel for the Crown. We will call Mr. Hicks to prove the defendant's swearing the affidavit.
Counsel for the Defendant. We will admit that the affidavit was sworn by Mr. Gabriel.
Counsel for the Crown to Mr. Hicks. Was the action withdrawn.
Mr. Hicks. There was a rule to declare but the action was withdrawn before the next court-day.
You bought a gown I believe of the defendant Gabriel? - A gown and coat, and I produced it before Alderman Plomer, and I acknowledged that I bought it of him (Mr. Gabriel); he said he had had nothing to do with me, and called me every thing that was bad, as the Alderman and all the people heard.
Defendant. I was tried for that affair, am I to be tried twice over?
When was that? - In February last, I think it was.
Court. The only evidence that applies to this at all is his declaration in the month of February, that he had had no dealings with the prisoner, and never knew her.
Was you arrested any time in April at the suit of the defendant? - Yes, in the Sheriff's Court, for 20 l. and upwards, for goods sold and delivered.
Had you ever bought any goods of Gabriel? - Never any thing but this gown and coat and a silk gown and coat, for which I gave him 35 s. I gave him a guinea for the stolen gown, and his wife gave me three shillings out of it; and I bought another gown for 35 s. for which I had likewise paid him.
Had you bought any other goods of the wife? - Never in my life.
Then the whole of the dealings either with the husband or wife were the purchasing the two gowns you have mentioned? - Yes.
I believe you was after this arrested at his suit? - I was three times.
Court. That is not evidence upon this indictment.
How long do you think you have known Gabriel and his wife? - I knew her from her first coming over from Germany.
How long ago is that? - Since I have been in London she came once and saw me.
You have been acquainted with her some time? - Yes.
Do you recollect going from England to Holland? - I did.
Who did you borrow the money of to pay the expence of that journey? - Never from any body; I never had occasion to borrow of any body.
You went to Holland for the purpose of lying-in I believe? - That I have no occasion to tell you.
Whether you did not borrow five guineas of Mrs. Gabriel to convey you to Holland? - I did not; she was as poor as I was.
Do you recollect in what year you came from Holland? - Last Whitsuntide was four years.
Did you go into service? - Directly.
Did not you carry on some business? - never.
Do you swear that you did not carry on any business in the summer time? - No, never.
Now had not you for the purpose of carrying on some business, or for your own use, made application to Mrs. Gabriel at different times for a variety of articles? - No, I never wanted any thing, thank God.
Have not you made payments of small sums to her at different times? - Never.
Do you remember having of her any muslin or black lawn, or hyson tea, or black mode or white dimity? - No never any thing.
You deny it? - I do.
Then you deny having ever had any of these articles? - Yes, I do.
You positively deny that there was any debt due from you to Mrs. Gabriel, I do not speak as to the husband? - Never any thing at all.
Do you deny that there was a private account between you and Mrs. Gabriel? - Yes, I never had any thing to do with Mrs. Gabriel and Mr. Gabriel, besides what I bought as I mentioned before.
Then you deny all that? - Yes, I am sure so, because I am innocent about it.
In last December I took up the Defendant for felony; I took him before the sitting alderman; the next day upon his last examination before the sitting alderman, I heard him declare publickly that he had never any dealings with Hannah Levi , that he never sold her a single thing in his life.
Was you present before the sitting alderman? - I was.
When was it? - On the 16th of December, the alderman asked the prisoner whether he had ever had any dealings with Hannah Levi he answered no; (Govin is ordered to withdraw) the alderman asked him again whether she had not bought a silk gown of him, he said, no; he asked him again whether he had ever had any dealings with her, No, was his answer.
That was the second time? - It was a second time.
Jury. Who was the alderman they were before? - Mr. Alderman Plomer.
Do you recollect any thing more? - No more to this point.
Did you ask him any thing at any other time? - When the girl (the prosecutrix) was arrested, I bailed her, I thought her ill used in the affair, I thought it would be a piece of justice to bail her.
Court. What action did you bail her in? - The first action upon which she was taken to Wood-street Compter, and the second action too; I did not upon the third action.
Court. Was you bail for her in the second action in the king's bench? - No, the second action in the Sheriff's Court.
What is become of that action? - I never enquired.
Counsel for the crown. The second action was nonprossed.
Court. You ought to prove that before he can be admitted a witness.
(The judgement of nonpros in the second action was read in court.)
Was you present at the trial of Gabriel at the Old Bailey? - No, I was giving evidence to the grand Jury upon a bill against a man that had robbed our deputy.
Whether at any time you have heard any declarations from Gabriel? - No, I never had any conversation with him, I never liked his company in any respect.
Court. When you heard him say he never had any dealings with Mrs. Levi, was that declaration made before the sitting alderman when the defendant was brought there upon a charge of felony of which he was afterwards acquitted? - It was.
Was you before the alderman when Gabriel was examined? - I was not.
When did you hear any declarations from him? - When the first writ was out I was at Mr. Norden's house, he sent for Mr. Cook, Mr. Cook sent for me, the bailiff's follower
Did you hear the Defendant say any thing about the matter? - No.
You know Gabriel? - I do.
Was you sent for by him at any time? - I have been backwards and forwards many times.
When was it? - I cannot exactly fix the time, because I was with him very often, almost all the time he was there.
In what month was it? - I was there when he was tried, it was some time I think about the latter end of April.
Did you hear what Gabriel said at the trial? - He never mentioned any thing about it at Guildhall.
I do not mean the trial at Guildhall, I mean when he was tried here the last time? - I was not here then.
When you were at Wood-street Computer about April, what passed between you and him about this Hannah Levi ? - He mentioned very little to me at that time; after he was nonsuited he had an acquaintance, one that lived in Fleet-market, who was tried here too, I cannot recollect his name, he advised him to arrest her in the high court; that was the second arrest.
Court. That it is not the subject of this indictment.
Did he pretend to say there was any money due or owing to him from Levi? - He did not tell me at that time that there was any money owing to him, but he asked me in what manner he should make out his account, for neither he not his wife could write; he asked me in what manner it would be best to make an account, for that she owed him 25 l. whether to make it for muslin or lawn, or such things; the husband and wife were both present at that time.
Court. When did the conversation you are now going to speak of pass? - That was just after he was indicted; I was at Mr. Gabriel's when an execution came into the house on account of the nonpros; it was just after he was indicted the first time.
Was any body else present but you and him and his wife? - None but a relation of his, his servant maid, I do not know her name.
What did he say or his wife say in his presence? - He asked me in what manner he had best make out this affair.
What affair was that? - To make out that there was 20 l. or about 25 l. due to him.
Did he tell you that there was 25 l. due to him? - No.
Did he tell you why he wanted to make a charge against this girl? - Because she had put him to so much expence when he was tried in this court, that he wanted to have his money back again.
Who did he speak of? - Mrs. Levi.
Did he say what money he wanted back again, whether it was what she owed him before, or money she had put him to the expence of? - Money that she had put him to the experience of by putting him to his trial here.
And what way did he propose to make out this charge? - He asked my advice which way was best to do.
What did you advise him to? - I told him I did not understand making out such bills as that; I did not choose to do any thing in it; they both said to me at several different times, which do you think it will be best doing? - they asked me to make the bill, they said, Why we shall be too late, or shall we put it up in chalk against the door, or make it out in writing or what?
What did the defendant want made out? - An account that she had such a day, such goods, and such a day, such goods; to make out an account of goods sold and delivered to her.
He did not pretend at that time, did he is his wife, that any goods were really sold to Mrs. Levi? - No, they did not pretend any such thing.
Are you perfect in your memory now as to the time you are swearing to? - Very perfect, I did not swear to any exact time, but I know it was after Gabriel was indicted.
You do not recollect exactly what that time was? - I know it was after the nonpros of the writ, that an execution came into his house.
Court. Was the conversation that you speak of after the nonpros in the first action? - Yes, after the nonpros in the both actions.
Court. Then it clearly has nothing to do with this indictment; the evidence of the witness is this, that in a conversation which he had with him, which now proves to be after a nonpros in the first action, for that is the subject of this indictment, he wanted to make out a charge against this woman for goods sold and delivered on account of an expence that he had been put to on his indictment which he says was soon after; and which was after the time of this first action. Then this indictment is for a false affidavit made before that indictment was preferred; and therefore this conversation cannot refer to that affidavit, it may refer to a subsequent affidavit.
Counsel for the Crown. My Lord, this was a conversation that had passed between the prisoner and this man, after the indictment for perjury was preferred, he knowing what he had sworn was false, was preparing that defence to meet that accusation.
Court. This would be the very reverse of a defence to that indictment because his defence there was that he never had sold her any thing.
Counsel for the Crown. He applied to this witness to make out a Bill by way of proving that there did exist such an account, and therefore he wanted this man to prepare that kind of defence for him.
Court. This was clearly after the trial of the indictment, for it was for the expence he had been put to upon his trial.
Counsel for the Crown. Was not this after the indictment for the perjury? - It was.
Counsel for the Crown. There was first of all an indictment against this man for stealing those goods.
Court. What indictment do you speak of? - The indictment that was found against him for the perjury.
Court. That is quite a different thing, now you must fix the time when it was.
Counsel for the Defendant. He now swears it was after the indictment for the perjury, and that Gabriel and his wife advised with him how to make out a bill, in truth, they had actually sworn to the debt long before that.
Court. I see that, but this evidence is certainly admissible. Now endeavour to fix as near as you can how long ago it was.
It was the very session after the nonpros came, I cannot be upon my oath as to the exact time when it was.
Was it a twelvemonth ago? - No.
A month ago? - I look upon it according to the best of my memory, it was about three or four months ago, I cannot exactly say.
Court. Which are you most inclined to believe, that it was three or four? - I cannot be positive in the affair, I know it was the session after the nonpros; that I am clear in.
Was it in the summer? - Yes.
What part of the summer? - It was somewhere about August.
Court. Fix as near as you can the time when you think this conversation passed? - I cannot fix it better than this, I was in the house when an execution came for the nonpros; the attorney came in and said, I have an execution, and if you do not pay the money I will bring officers into the house.
How long after that happened was it? - About a month.
Court. Are you sure it was as much as three weeks after the judgement of nonpros? - I cannot say whether three weeks, four weeks, or five weeks; I think it was there away.
Court. How long was it after they threatened to take an execution out against him? - I cannot recollect the days nor weeks, I think to the best of my recollection it was
Defendant. When he says that nonpros came home I was cast at Guildhall, and was confined in prison.
Court. Where did this conversation pass? - After he came out of prison at his own house.
Court. What had he been in prison for? - About striking the constables, he was confined for three months.
Counsel for the Defendant. Do you know any thing of a Mr. Bowers an attorney? - Yes.
Do you recollect waiting upon him at any time relative to Gabriel's business? - Yes, I was, along with Gabriel.
What did you tell Mr. Bowers; - Mrs. Gabriel told me that Mr. Bowers had sent her a line that they were going to file common bail; Mrs. Gabriel said, this woman is going to Holland.
Court. The question is, what you said to Mr. Bowers? - The very words which Mrs. Gabriel told me, I should tell Mr. Bowers, that I said -
Counsel for the Defendant. What did you say to Bowers? - The words Mrs. Gabriel told me, that this woman would go abroad, and if she was put upon common bail, she should loose all her money.
Did not you tell Mr. Bowers that he need not proceed in that second action; that it would be of no kind of use for him to do it? - Those were the words I said to Mr. Bowers as I said before.
Then you deny telling Mr. Bowers to discontinue the action? - I cannot recollect that I said any thing about having him discontinue the action, though I know I went afterwards to Mr. Bowers and asked him the reason why he had superseded it; I said I understood that this woman was going away and that it would be of no service to go on.
Do you recollect making any application to Gabriel for money at any time? - I never did make any application to him.
That you deny? - I do deny that.
Do you recollect your being in custody at any time? - Yes.
Was not a messenger sent to him then? - I was bail for Mr. Cavernor; I was taken in execution; Mrs. Cavernor desired me to send to Gabriel, that she would give Gabriel a pledge, to send as much money as I was taken in execution for.
Did not you send to him for money? - Not for myself, it was for Mrs. Cavernor.
Gabriel did not send you that money? - I never had any answer, because Mrs. Cavernor came to town and paid it herself.
Did you send any threats to Gabriel, that if he did not send you that money, of something you would do? - I never said any such thing.
You do not recollect sending word that if Gabriel did not send you the fifteen guineas you would make it four for him? - I beg your pardon, you are mistaken.
Court. The money you sent for was for a Mr. Cavernor? - Yes, I was bail for him.
Court. How came you to send for that money for him? - Because I was taken in execution for him, being his bail.
Court. The money was to discharge you out of execution was it not? - Yes, but it was for him, because Cavernor would give him a security for it.
Court. And it was refused? - He never sent any answer.
Counsel for the Defendant. And you deny making use of any threats respecting the defendant? - I do.
Court. How came you to tell Mr. Bowers that it was hard this woman should be put upon common bail, and so on, when Mrs. Gabriel was there herself? - Because she desired me.
Court. Though she was present herself? - Yes, because she thought she could not speak it plain and proper to Mr. Bowers, as she cannot talk English so well.
Court. Did she desire you in the presence of Mr. Bowers, or had she told you
Was this after they had desired you to make out this false bill? - No, it was before.
Then Mrs. Gabriel, before you went to Bowers, did say this woman owed her some money? - She did not say she owed her money, but that she was under an arrest.
Court. Did not she say it was very hard she should loose all her money if Mrs. Levi went to Holland? - She meant the expences that would attend a trial; she would not let the attorney go on with further expence upon that account.
Have you seen him this morning? - I have seen him in this street with a woman.
Have you had any conversation with him this morning? - I had no more conversation, but I said how do you do, and that was all. A gentlewoman was along with him; he wanted to speak to me, but the gentlewoman would not let him.
HYAM MOSES sworn.
Do you know the defendant Gabriel? - Yes.
Did he apply to you at any time when he was in Wood-street Compter? - His wife did.
Was he present? - No. Had you ever any conversation with Gabriel about this business? - Not at all.
Was you in Wood-street Compter with Gabriel? - No.
Had you any conversation with him about this debt? - No conversation at all.
Did he apply to you at any time about it? - He said he would give me a guinea that I should forswear myself; I said I would not.
What did he want you to swear? - That I saw her buy some muslin and him lend her some money; he would have tutored me, but I would not be tutored.
When was this? - Last session, the same day that the trial should have come on, but the trial was put off.
Court. You say he offered you a guinea? - Yes, he gave me two shillings at the same time to go to his counsel to ask if the trial would come on.
Court. For what did he offer you the guinea? - To swear that I saw him sell some muslin to this Mrs. Levi.
Court. You refused that offer? - I would not take 500 l. to swear false.
Court. What did he say to you? - He said he would give me a guinea if I would do it; if I would not he said, and his wife too (for they were both together) that he could get some other persons to do it.
Court. Who was present at this conversation? - He, his wife, and another woman who is a witness for him.
Court. Who was she? - One Mrs. Jacobs; she is hired, and he tutored her, and she said I know what I have got to say.
Court. Did he say any thing in your presence to her? - Yes, he said you know very well what you have got to say; you know that I let her have some muslin and some things; she said, yes, do not be afraid, I know what I have to say.
How long have you and Mr. Gabriel been acquainted? - I am not acquainted with him at all; an acquaintance of his recommended me, that I should do that job; he said you can earn a guinea if you will; I said I do not know for what; he said go there you will hear.
What are you? - I keep a little bit of a clothes shop. I never had any dealings with him nor quarrel. I owe him no animosity.
Have you ever been in any court of justice as a witness before? - I do not think I have been here, neither would I go now.
How long ago is it since you was at Westminster-hall? - I cannot remember any such thing, that I was at Westminster-hall.
It is pretty remarkable that Gabriel, who was no acquaintance of yours should make such an offer? - His acquaintance brought me there, then they made me this offer; I said I would not forswear myself for a thousand pounds, nor all the money in the world. His friend took me there. I asked in what case
Who is that friend of Gabriel's? - He is not here in court, his name is Coshmer.
Did the friend or Gabriel and his wife offer you the guinea? - Gabriel and his wife both.
Did not you offer yourself as bail at Guildhall a few days ago? - When?
Have you justified bail to-day? - No.
Have not you given notice to bail a man to-day? - Yes.
Have you not bailed him? - No.
Bail who? - Somebody that was in Newgate for an assault. I said I would not bail him if the prosecutor would not consent to it.
Court. Coshmer was the friend that recommended you to this job? - Yes.
Court. Did he tell you before you went to Gabriel's what it was to do? - No, he did not; he said you can earn a guinea; I did not know upon what footing.
Court. Did he not tell you what this guinea was for? - He did not.
Did Gabriel make any application to you at any time? - No.
What do you know of this business? - I have known this young woman from her first coming to London. I know nothing about Mr. Gabriel.
For the Defendant.
Do you remember to have had any conversation with him respecting Gabriel? - I remember once when Moses Levi was arrested, being along with Mrs. Gabriel, Levi wanted Mrs. Gabriel to advance the money for him.
How much? - Eight pounds and upwards, I think. Mr. Baker was the officer.
You do not remember exactly what the time was? - I will not be sure, I believe it is about eight months ago.
In case of a refusal from Gabriel, do you recollect that he made use of any threat? - He said he was in a hobble for going along with her.
The money being refused, did he make use of any threat? - Yes, he said to me he would be revenged of her. I went to him in Wood-street, and said Mrs. Gabriel would do what lay in her power; but she could not advance that sum of money; he said very well, very well, he would be revenged of her, and would do all the spite he could against Mrs. Gabriel and Mr. Gabriel.
Mr. BOWERS sworn.
You are, I believe, an attorney? - I am.
At what time was you employed by Mr. or Mrs. Gabriel? - I believe some time in May last.
Was it in one or two actions you was employed? - One only.
How came you not to proceed in that action? - After she was arrested Mr. Abrahams took out a summons for me to shew cause why she should not be discharged upon common bail, having been twice arrested upon the same cause of action; I sent to Mrs. Gabriel; she accompanied with Levi the witness came to my chambers, and went with me to Lord Mansfield's.
Did you receive any instructions from either of them at your chambers? - I went to Mr. Plat; the affidavits were produced; I told Mrs. Gabriel she wanted to be discharged upon common bail. When I was coming out of the chambers Levi said, if that was the case it did not signify proceeding against her, for she would loose both debt and costs, as the defendant was going abroad, and she bid me not proceed.
Court. Was that said in Mrs. Gabriel's presence? - Yes.
Did you see Mrs. Gabriel afterwards? - I do not know that I ever did; I did not discontinue the action; the consequence was they signed a nonpros.
The action was nonprossed? - Yes.
For a debt not due to his wife but to him? - To him.
- EVANS sworn.
What are you? - I keep a sale-shop.
What business are Gabriel and his wife? - They keep a chandler's shop, and she deals separately in other things, in muslin, cloth, laces, and such things.
Independent of her husband? - I cannot say whether it is independent of him.
Court. You must not mention what she has said.
Did you ever see any accounts? - Yes, accounts with chalk on a door.
Court. That is not evidence.
Is that your hand-writing (shewing him a bill)? - It is.
What did you make that out from? - The wall of Gabriel's house.
Court. When did you make it out? - Better than a twelvemonth ago.
Court. Do you swear that was taken down more than a twelvemonth ago? - Yes, I swear I took this account, more than a twelvemonth ago, off the wall; it was in chalk.
At whose request? - Mrs. Gabriel's; she bid me copy that off from Dutch to English, and I copied it.
Did she mention who that debt was due from? - She mentioned it was the cook whom I had seen at the house so often; Mr. Norden's cook.
Court. Did you put that name there at that time? - Yes.
Have you frequently, or at any time, seen Hannah Levi at the house of Gabriel? - Several times. Mrs. Levi said she would be Mrs. Norden if she lived there long, for she got more money than Mrs. Norden did.
Mrs. Gabriel said so, that she got so much money.
Court. How long ago was the conversation you are going to mention? - That might have been before Gabriel moved; it is near two years, or a year and a half ago, since he moved. He said that she would be Mrs. Norden soon as she got so much money by dealing.
Court. Where did Levi live at that time? - At Mr. Norden's, in Billiter-square.
Did you ever see any trading between Levi and Mrs. Gabriel; did you ever see them deal or traffick together? - I did not.
What are you? - A butcher.
We have seen you here before now, I believe? - Once upon a very bad thing. I was never here but once. I went down with Mr. Barew the Butcher, and Mr. Gabriel, about Mr. Kitchen's notes. I went as evidence for the crown. I told the truth then.
You was admitted an evidence, I think, for the crown? - I was.
Did not he use to write out the bills for Gabriel? - Not that I know.
Can you tell the month that you took this bill down from the wall? - It is not a year and an half ago. I know it was much about that month; this affair you asked me about before happened about last October was a twelvemonth.
What have you to bring it back to your recollection that you took it down on the 12th of last October? - It was just after we came back from the country; as he had been at a great loss in the affair of Mr. Kitchen, he wanted to recover money due to him.
You was in custody just after you came back? - I was in custody for my foolishness. I had sufficient bail there, but went
Yes; I know you swear that often in the King's Bench? - I never justified bail in my life in that court. I bailed this affair of Barew and Gabriel because I knew it was a spiteful affair.
So Gabriel asked you, a man of property, that returns 2000 l. a year, to come to his house and take this down? - I keep his Excise-book, as he cannot write or read.
Who keeps the other books? - They keep no other books; it is all upon the wall; they do not do any great deal of business.
She cannot write can she? - Yes, in Dutch; I took it all off by our little almanacks.
What kind of wall is this; a white plaister wall? - No; it is not a plaister wall; it is much about the colour of the wainscoting of this court. There is chalk there.
Counsel. No doubt of that; was it the whole side of the room that was chalked? - A little more than the size of that book, (about twelve inches by six) may be not more than that.
And the articles were at full length, just as you have taken them down here? - Yes.
So you took it down exactly as it was upon the wall? - Yes.
Then you wrote the debts down from the chalking upon the wall, fairly as it is here? - Yes.
And you have got a copy of it? - Yes.
You did not keep the copy? - No; I made it, and gave it Mrs. Gabriel.
Then you do not know that it is the exact copy? - Yes; because I have it in my pocket now, you may see here that it is not a fresh made one.
You have kept one copy? - No; I did not keep it. Mrs. Gabriel gave it me now upon the trial; it was given to me to prove the original.
You have so good a hand at writing bills down, I shall be glad to see a little of your hand-writing upon paper? - What shall I write?
(The witness immediately wrote as requested, and upon a comparison with the bill it appeared to be the same hand-writing.)
You had not the other copy till lately? - No; I had not.
A twelvemonth ago you made one from the wall, and gave it her? - I made two at that time, one off the wall, and then I took a copy of that.
How so? - Mrs. Gabriel desired to keep a copy, and then I rubbed it off the wall.
Were they both wrote at the same time? - Yes; both wrote in one evening.
Was any body in the room when this was done? - I cannot tell; I know Mrs. Gabriel was there, because she desired me to do it.
Were there any other accounts upon the wall besides this? - I know several people have been arrested upon no other accounts but these bills upon the wall.
Gabriel and his wife can write, cannot they? - They cannot write English.
Counsel. It is a common way of keeping accounts upon a wall? - If people cannot write they make a memorandum certainly.
And know Gabriel? - I know Mrs. Gabriel and Mr. Gabriel.
Have you ever been witness to any dealings between Hannah Levi and Mrs. Gabriel? - I never saw any dealings; but Mrs. Gabriel desired me to call upon her, and ask her if she would come and settle with her, because she had promised she would call a day or two before, and had not called according to her promise. When I came to Mr. Norden's house, a young body, one Hetty, opened the door. I asked, is the cook within? she said, yes, she is.
Court. Did you call upon Mrs. Levi in consequence of this? - I did; I said Mrs. Gabriel sent her compliments and would be glad to see her about the settlement as she had promised to call; she said she would have called, if she had not been disappointed herself in a payment, because she could not get
Have you had any conversation this morning respecting this business? - No.
Has there been any threatening words made use of to you upon this occasion? - Yes, they have all threatened us, "Mind
"what you are about, mind what you are
"going to do, you are for Gabriel." I said I was not afraid.
Have they endeavoured to intimidate you? - No, they have not indeed.
When did you go with this message? - About fifteen months ago; I cannot cleverly tell.
Did you take a bill with you? - No.
Did you look upon the wall? - I cannot say I took notice of that.
Did Mrs. Gabriel write a note for you? - I never saw her write in my life.
Did you take the note to Mrs. Levi? - No.
I believe she cannot write nor read? - Not in the English way.
Can she write in the Dutch way? - It is more than I know.
Did you ever see her write? - Never in my life.
And you have been often in the house? - Yes.
Did she ever tell you where the account was? - She told me that it was the account of Mr. Norden's cook, that is behind the door.
She used to write her accounts upon the back of the door, did she? - Yes.
This account was wrote upon the back of the door? - As far as she told me that was the account.
Court. I see the gentlemen on both sides are shy of asking you some material questions, but I who am of no side must ask you, were you present at a conversation between Solomon Abraham 's and Mrs. Gabriel, at the time of the last session here; do you know that man that stands down there? - Yes, very well by sight.
Court. Were you present at a conversation between him and Gabriel at the time of the last session here about giving evidence in this matter? - I think he was for Gabriel last session, because he was amongst us.
Did you hear any conversation between Gabriel and him about that matter? - I did not indeed.
Did you see and hear Gabriel and him have any conversation at that time? - I did not take any observation of their talking; I saw the man and him in the same company.
Then is it true that in your presence Gabriel applied to Solomon Abrahams , and offered him a guinea to swear that he saw him sell some muslins to Mrs. Levi? - I never heard any such word, and I was present all the time this gentleman was in our company; I never heard a word of the kind pass.
Court to Abrahams. Is this the woman you spoke of in your evidence? - It is.
Court. Tell us before her what conversation passed in her presence? - No more conversation than that he would give me a guinea, and that she knew very well what to speak; she said you have no occasion to tutor me, I know very well what I shall speak.
Court. Did this pass in her hearing? - It was at Mr. Gabriel's own house, I never was in their company besides.
To Jacobs. Were you present at Gabriel's house at any such conversation? - I was present but never any such thing passed, never indeed.
Court. Then what this man said is not true? - No, he was going to bail a man, some of our witnesses said, they would not take his bail for a farthing.
What are you? - A servant to Mr. Baker, a Sheriff's officer.
Was you aiding and assisting in arresting her? - I was.
Tell us what she said about this business, when she was arrested? - She said as soon as her master settled the bill with her she would come and settle it with Mrs. Gabriel.
You remember you are upon your oath, is that true? - It is upon my oath.
You are an attendant upon the Sheriff's officer? - Yes.
You arrested her? - I did, twice.
Court. Who did Mrs Levi live with at the time she was arrested? - Mr. Norden, in London-street.
Court. Is he a married man or a batchelor? - A married man; he keeps a large house in Billiter-square.
Court. How long has Mr. Norden been married? - I do not know.
A Gentleman in Court said Mr. Norden had been married many years.
Counsel for the Defendant. Did you or Baker arrest her? - My master, Mr. Baker, I assisted him.
He heard every thing that passed I suppose? - I cannot tell, because I went twice, the first time I went she was denied to me; on the Monday morning I went, and got her out of doors, and told her I came from Mrs. Gabriel, and asked her if she would come and settle with her; she said she would as soon as her mistress paid her the bill.
Prosecutrix. This man arrested me for a 100 l. and upwards, and he said he would let me go for five guineas.
Repeat to me what you said before, of what Mrs. Levi said about her getting so much money in her business, and about Mrs. Norden a year and a half ago; repeat the very words. - That if she should live with Mr. Norden, she would be Mrs. Nordon very soon, in regard to her profit in her business.
Did she say she should be Mrs. Norden, or that she should beat Mrs. Norden? - That she should be Mrs. Norden.
Do you know that Mr. Norden with whom she lived at that time, is now, and was then, a married man? - He was, and is now.
Do you know that? - Yes.
Then how could she say, she should be Mrs. Norden? - In regard to the profits of her business.
How could she be Mrs. Norden, if Mrs. Norden was alive? - That I do not know.
Jury to the Prosecutrix. When did you buy the two gowns of the prisoner's wife that you paid for? - It is about a year ago.
Tried by the London Jury before Mr. RECORDER.
There was not any evidence to affect the Defendant.
NOT GUILTY .
The TRYALS being ended, the Court proceeded to give judgement, as followeth:
Received Sentence of Death, six.
Navigation for 3 years, two.
Navigation for 2 years, three.
Navigation for 1 year, four.
Whipped and imprisoned 6 months, one.
Whipped and imprisoned 3 months, one.
Whipped and imprisoned 2 months, one.
Whipped and imprisoned 1 month, three.
To stand in the pillory in Smithfield 1 hour, and imprisoned 1 year, one.
Fined 1 s. and imprisoned 1 month, one.
This Day is published, Price Half a Guinea, DEDICATED (with Permission) to the KING, BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .
Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.
*** The Book is a sufficient Instructor of itself, but if any Difficulties occur the shall be removed upon Application to the Author without any additional Expence.
*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.