NUMBER 1. PART I.
KING's Commission of the Peace Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
BEFORE the Right Honourable WILLIAM PLOMER , Esq. LORD MAYOR of the City of London; The Hon. Mr. Justice WILLES, one of the Justices of his Majesty's Court of King's Bench; The Hon. Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Esq. Serjeant at Law, Recorder; and other his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
First Middlesex Jury.
Second Middlesex Jury.
1. CHARLES PEAT was indicted for feloniously making an assault upon RICHARD DOWN , Esq . upon the 27th of October last, upon the king's highway, in the parish of Finchly, and putting him in corporal fear and danger of his life, and taking from his person a silk purse, value 3 d. and 23 shillings in money numbered, being his property .
Where was you coming from? - From London, and was going to my house in the country. I had turned from the road about half a mile. It was about three quarters past four in the afternoon.
Was he on horseback? - Yes.
Was he alone? - Yes, I gave him my purse; says he, if you value your purse, you will please to take it back and give me the contents of it, and he returned my purse.
What was in it? - 23 shillings; he returned the purse, and while I was taking out the money, my servant that was behind the carriage, jumped on behind him upon his horse.
He had not taken the money? - He had taken it but returned my money again, saying, if you value your purse, you will please to take it back again, and give me the contents; my servant clasped him round the body and brought him to the ground, they both came to the ground together. I immediately got out of the carriage, and assisted the servant to secure him, and with some little difficulty we did so. I put him into the carriage, and drove him myself to Colney hatch, for the coachman John Sawton , had got on the highwayman's horse in the beginning of the business, and went away. So the horses stood while the robbery was committed, the prisoner was put in the carriage. I drove the man home. The prisoner refused my watch, - he saw it, - he said he was an unfortunate man, and only wanted a little money, and behaved throughout with remarkable civility. We carried him before a justice, who committed him.
Your christian name is Richard? - Yes.
I apprehend if you had been disposed to have kept your purse and money, he would not have required it back again of you by your account? - Most certainly, he gave it me to take out the contents of it.
He said he was very unfortunate and only wanted a little money? - Yes; and behaved with remarkable civility.
Court. How long might he have your purse in hand? - Not a moment; he looked at it, and said, if you value your purse, you will please to take it back and give me the contents, he had got near the carriage side, the tail of the horse against the hind wheel, the servant jumped upon him and brought him to the ground.
I understand from you, it was done all in the same moment, the taking the purse and returning of it? - As soon as possible, he was not a yard from the carriage during the whole time. As soon as he saw the purse, he looked at it, and said, if I valued my purse, take it back and give me the contents of it.
He might have had the watch if he pleased? - Yes; he said I see you have a watch.
JAMES FOX sworn
You are servant to Mr. Down? - Yes; upon the 27th of October, my master and I and my fellow servant, went from town to Colney-hatch. We was stopped upon the road by the prisoner, he asked for watch and money, and my master gave him his purse, he asked my master, is the purse of any value to you? he said yes, a little, and he gave him the purse again, and told him to give him the contents, while that was doing, my fellow servant jumped upon the horse, and both came down together and tusled upon the ground. When down, I came to his collar and he snapped a pistol, then they had another tustle upon the ground, and he said he would surrender. When they had got him in the carriage, my master drove him home.
What do you know of this? - Upon the 27th of October, I saw the prisoner at the bar pass the carriage and ordered it to stop. My master gave him his purse. He asked if he had any regard for his purse. My master said he had, he gave him the purse back. In the mean time I leaped behind him on the horse. He fell to the ground. We took him and put him in the carriage and brought him before a justice.
I leave it entirely to the lenity of the
Court. If you are satisfied from the evidence in point of law, though Mr. Down did not lose his purse nor his money, as you hear by the evidence, the prisoner being taken by the servant before the robbery was compleated; yet he had in fact demanded his money; and from the impulse of that threat and demand Mr. Down had actually given him the money and purse; and after he had got it, he said, if you value your purse take it, and give me the money, he took it back. Therefore the possession of the money was changed from Mr. Down to the prisoner, if he had it but an instant in point of law, it amounts to a robbery.
Foreman of the Jury. With very great concern the gentlemen of the Jury find him guilty; but beg leave at the same time, earnestly to recommend him to mercy.
Prosecutor. I beg leave to make the same request.
GUILTY . ( Death .)
2, 3. MARY CASEY , and CATHERINE CASEY were indicted for that they upon the 20th of November , between the hours of twelve and three in the afternoon, the dwelling-house of William Woodwell , feloniously did break, and enter, no person being therein, and stealing a stuff petticoat, value 2 s. a lawn apron, value 2 s. one linen handkerchief, value 6 d. the goods and chattels of the said William Woodwell .
Where do you live? - In the Savoy barracks. My husband is a soldier . It is an apartment the pay serjeant has let us have to live in. We have only lived there since this affair happened. Since that he has had the good-look to be a serjeant. This affair happened about three weeks ago upon Monday. We lived in Marygold-court, No. 11 .
At what time did this happen? - I can't say the day of the month, I went out between eleven and twelve, it will be three weeks ago, when Monday comes, when this affair happened.
Did you leave any body in your house? - No; I locked it, and found it locked: I returned about three o'clock in the afternoon. When I returned, there was a petticoat gone, and an apron, and this pocket-handkerchief.
Where in the house did you leave those things? - The apron upon a line, drying before the fire; and the petticoat was wet, and hanging upon a nail.
Did you see any marks of violence upon your house? - No; none at all. They persuaded me the house was haunted, and sure enough I found it was haunted. I was afraid of my life.
No part of the house was broke open? - No, sir; I left it locked, and found it locked.
What reason have you to suspect those two girls? - Because the little one was going to pawn it on Monday morning.
What day of the week did you find your things gone? - On the Sunday; the next day in the morning, the little one was going with this to the pawn-broker's. I saw it, and took it from underneath the cloak she had on.
What is the little one's name? - Catherine.
How old is she? - Not nine years old.
Is she sister to the other? - Yes.
Where did you find the other things? - This handkerchief I bought it out of pawn, they had pawned it. I took it from Mr. Browne's.
I took in this white apron, the 17th of November last. I live with Mr. Cates, the corner of Bedford-street, in the Strand.
CATHERINE CASEY 's DEFENCE.
I was going to a place upon Saturday. I was in that woman's room; she told me to sell one of my mother's beds: I would not. I pawned all my things. I took her apron and pawned it, and she took me up for it.
Court. To the prosecutrix. What value did you put upon them? - She said she did not know the value.
Court. It is not only necessary the goods should be of the value of 5 s. and no person in the house; but absolutely requisite the house should be broke open, to make the person fall within the penalty of this act. There is no evidence of that, therefore it is less necessary to take notice of the value of the goods whatever they are, as the house was not broke open, they can't be capitally convicted.
BOTH ACQUITTED .
4. SOLOMAN LEGG was indicted for breaking and entering the dwelling-house of THOMAS GILLINGHAM , about the hour of two in the night, upon the 22d of November , and stealing therein two linen shirts, value 10 s. one silk cloak, value 10 s. one scarlet cloth coat, value 2 s. and a scarlet cloth cloak, value 2 s. the goods of the said THOMAS GILLINGHAM .
Was your house broke open last month and when? - The 22d of November. I have a wife and three children; no servant. I believe we went to bed about eleven o'clock at night; there are lodgers above stairs. I believe they were come in.
Were the doors fast? - They were.
Can the lodgers let themselves into the house after you had gone to bed, without calling you up? - They can't, because it bolts within side; we always bolt it when we go to bed. I have only a man and his wife lodgers that belong to me, they have lived in the house many years; they have others, I believe. I am the house-keeper only. I heard no noise in the night. I was up first in the morning; I got up as soon as it was light enough for me to see to work, about seven or eight o'clock. When I came down stairs out of the dining-room where I slept, and opened the back-room that goes into the parlour, I saw the window quite wide shoved up; I went first into the parlour, the window shutters and window were open. I did not see any violence.
How is it fastened? - There are two sashes and a post between them, and there are two bolts come a cross and fasten into it; one window was shut down, the other quite open.
If fastened, how can it be opened without any appearance of violence upon it? - I am not acquainted with that.
What did you miss? - Two shirts, my wife's red cloak, a silk cloak, a scarlet cloth cloak belonging to my little boy just breeched, and one scarlet cloth cloak, my little girl's.
Were there any other things of value in the room? - There was. I suppose they were frightned; my son and the lodger thought they heard some noise and called out. My two youngest children slept in the first floor back room; my wife and I in the front room; but my eldest boy about thirteen, slept in the shop, and another young man with him.
Who was the other young man? - A man that lodged with me about a day or two before this affair happened; he slept with my son. I can't say positively whether he was in bed or no; the goods were found upon the prisoner: I did not see him take them.
Did you see the marks of any foot there? - No.
How came the shutters broke open? - With a knife, I suppose.
Did you see any mark? - Yes.
Was the parlour door locked? - It was.
Was the door between the shop and parlour locked? - No; very often left open to
You went to bed at the time your husband did, did you fasten the window shutters of the back parlour? - Yes.
And put the sash down? - Yes.
Was there any fastening? - No; there is no fastening.
How were the outside shutters fastened? - Thrown back each way and bolted into a post, the window post was straight up between the two sashes.
A bar comes across? - There is no bar, the two bolts come across.
Do you recollect whether your son was in bed when you went to bed? - Yes; my son and the young man with him.
How soon did you come down after your husband? - He alarmed me and I came down immediately.
Can you explain how the shutters that were fastened by the cross bolt within side was opened? - I cannot; I could see a step from the dirt of a man's foot in the chair. There was no appearance of force without side the shutters. I could see something of the trampling of feet without side the door as the dirt was soft. No dirt in the room.
How did you know where the things were or who had got them? - His wife came and told me.
What Mrs. Legg! ? - Yes; Mrs. Legg.
( Dennis M'Carty, a Watchman of St. Giles's deposed, he met the prisoner just by the church, on the 22d of November, when he was crying half past four. That he had two shirts that were wet with him under his arm, and he stopped him. That he had a silk cloak in his pocket, and the red cloak and coat in his bosom. The prisoner told him he came from on board a ship where he brought them from, and he had not time to dry the shirt).
(The Prosecutrix was asked, whether the shirts were wet, to which she answered, they were both hung up wet about an hour before they went to bed).
(The Watchman was then asked if he said any more at that time, he said, the prisoner told the constable of the night, that he and his wife had quarrelled, and that he had run away from his wife, (as he was going to the round house) he confessed the robbery and wanted to go for a soldier.)
Where did he say that? - Before the justice.
Did he say how he took them out? - No.
(The constable produced the property in court, and the prosecutrix deposed they were the property of her husband).
To Prosecutor. You are sure your house was not broke open before you went to bed? - Yes; I am certain it was not, we went up immediately to bed from that room.
I found the things.
The jury desired to know of the court, whether confession before a Magistrate is evidence?
The court said, confession before a Magistrate, if taken in writing and signed by the justice and the party, is evidence, and parole evidence cannot be taken then; but if it is not in writing, then the confession is evidence that may be proved by parole.
The prisoner called the following persons to his character.
Edward Goyder a shoemaker, who had known him eight years, said he had served him seven years as an apprentice, that he was a very honest, just boy. He has been married about six months, and is a journeyman.
Owen Greenwood had known him the same time. That he had been out of his apprentriceship about a twelve month, behaved very well when an apprentice, and if acquitted would take him into his employment.
Court. This is an indictment for a burglary, and stealing several things out of the house. The robbery being committed in the night time, upon the 22d of November, the man was stopped about four in the morning with the things upon him. If the back window was fastened and the sash down, he could come at these things no otherway but by getting in at the window.
But to constitute the crime of burglary there is another thing necessary, it must be committed in the night. The time these things were found was about half after four in the morning, it is dark then in November.
GUILTY of Felony only . To be publicly whipped , and confined to hard labour for two years in the house of correction .
Tried by the First Middlesex Jury before Mr. Justice WILLES.
5. GEORGE LONGSLOUGH was indicted for breaking and entering the dwelling house of HENDERSON DOE , upon the 28th day of November , about the hour of three in the night, and stealing one cloth great coat, value 2 s. the goods and chattels of SAMUEL EXELL ; one cloth great coat, value 10 s. one looking glass in a mahogany frame, value 10 s. one cheque window curtain, value 6 d. one china tea-pot 6 d. ten china saucers 6 d. six china cups 6 d. one pair of steel snuffers, value 3 d. the goods of the said HENDERSON DOE .
Are you a hackney coachman? - I am a gentleman's coachman . I live with Dr. Smith, Charlotte Street, Bloomsbury. Doe keeps a public house . I sleep in a garret, another coachman sleeps in the same room, I don't know his sir-name. I heard no noise in the night. Mr. Doe got up first in the morning and the maid. I got up about seven or eight in the morning of the 29th. I made no observation when I came down of the house being broken open. I lost a surtout close body cloth great coat, it was in the parlour, I generally left it there all night. I never heard of it till the man went into a public house with it on his back, and they took it off his back. The constables found it.
(The prisoner being a soldier , the court asked him what corps he was in? - He said the Cold-stream regiment of guards).
What day of the week was it? - On a Wednesday. My wife and maid fastened the windows after I was gone to bed. I got up first, a little before seven, when I came down stairs, I found the staircase window sash a little up, and I came to the parlour door and found that open, on the ground floor; and the yard door was open likewise backwards, that door goes only into the yard, there is no communication through that door into the street. There is a side door has a communication into the street, I found not locked but latched. There is a side door that goes to the black horse yard, but that don't belong to the back yard. I apprehend the person came in at the staircase window.
How high is that above the ground? - I fancy about thirteen foot, but it is only about three foot from the top of the wall leading to the black horse yard, the wall I take to be about nine or ten foot.
Is the wall close adjoining? - It is upon a straight line from the window to the end of the house, about two feet and an half.
Is the wall so near the window any man might easily reach it, so as to get to the sash? - Very easily.
How high was the sash up? - About an inch and an half. Not high enough for a man to go out. The sash joins to the common staircase.
Was the sash fastened by any means? - There is a screw pin sometimes it is fastened with, but whether it was or not fastened I cannot tell, I did not particularly mind.
Were they obliged to get up in chairs to get to the cupboard? - No; but there were the marks of mens feet upon the chairs. Upon the table lay a poker and some parts of the beads of the window that were broke to pieces. I never saw them again till the things were in the constable's possession, one Wier.
Mrs. DOE sworn.
My maid and I went to bed last at night about one o'clock, it might be rather past. I fastened the doors, my maid was with me. I went up the public stair case where the sash was, with a candle in my hand going to bed.
You did not mind the sash as you went up? - Yes; I found the sash was quite close; I had my hand upon it: it was quite fast.
You cannot tell whether it was screwed or not? - No; I got up the next morning about nine.
Was the looking-glass, the cheque window curtain, the two great coats, the china tea-pot, and cups and saucers gone? - Yes.
Can they reach it without a chair? - I could reach them without a chair.
You are the maid servant of this Horse and Groom? - Yes; I have lived there two months. Upon the 28th of November my mistress and I went up to bed, about one o'clock in the morning.
Were the doors and windows fastened, when you went to bed? - Yes; I went up stairs with my mistress; we had a candle.
Was the sash window open as you went up? - No.
Were the lodgers all in bed then? Yes; My master was up first the next morning, but I was up almost as soon as him.
You found the several things were taken out of the parlour? - Yes; it was daylight when I got up. I heard no noise In the night.
I am a watchman, my stand faces Lord Mansfield's, the corner of Diot-street, Bloomsbury. Between the hours of two and three, the prisoner at the bar passed me, and said, Good morning to you, old boy; this was between two and three in the morning, in Russel-street: I said good morning to him again, as I was leaning over the hatch of the watch-box; I return'd the compliment to him again. Seeing him with something under his left arm, I followed him to the corner of Charlotte-street; he was alone. I asked him what he had got? (he was not then in regimentals) - he said he was going on board a ship. I stopped him: there was another watchman in Charlotte-street, who went with me. - We took him to the constable of the night.
What time might that be? - As night as I can guess, within a quarter of three; it was dark. I was present when he was searched, and the things found upon him.
(The other watchman in Charlotte-street, who went with the prisoner to the watch-house, was present when he was searched, and deposed, that the things were found upon him, some at the watch-house and some at the round-house.
I am a Headborough; - I was at the watch-house when the man was brought in by Collins to the watch-house, between two and three upon Thursday morning last. Emmerton was there, and assisting. - (He then produced the things, which he said had been in his keeping ever since the time.)
To Collins. - Were those the snuffers you took from him? - Yes, they are what I took from him at the round house.
(Mrs. Doe proved the great coat was her husband's property that was found upon him.)
(Mr. Doe likewise spoke to its being his, and said he had had it two years.)
What are you? - I attend at justice Triquet's office in Hart-street, Bloomsbury; upon Thursday morning he was brought to our office by the constable of the night. I have a China tea-pot I took out of his pocket in the office, and a flint and steel, and some matches, upon searching him the second time, and a knife. I searched him in the office by order of the justice.
To Mrs. Doe. Is that your tea-pot? - It is my tea-pot; it will not hold water; it runs out; there is a crack in it. I put a paper of powder blue in it, and here is the powder in the pot.
Whose custody has it been in ever since? - Mine.
Was there powder-blue in it when taken?
Mitchell. Yes, my lord; I found a paper with some powder blue in it.
What are you? - I attend Mr. Triquet's office; I remember the prisoner being brought before him on the Thursday morning about ten o'clock.
Where did you find that coat you have in your hand? - When he was examined before Mr. Triquet, he told us where he got the things from, he had this coat on.
To Wier. I thought you said you took the great coat from him? - I did, my lord, he had another on; he had two great coats on. I looked upon this the most legible, and I left it to be advertised.
Wier. He had both on when brought to the office; he had one upon his arm, and one upon his back, when brought to the round house.
Mr. EXELL called, deposes to his great coat.
That is not your livery coat? - No.
To Henderson Doe . How did you apprehend this man, to get upon the wall nine or ten feet high? - It is very easy for him stepping upon the ridge of the house; about three inches, the width of a brick; putting his hand he could reach the top of the wall with it.
Please your lordship, I chanced to come by there one night, and I fell in company with the servant girl, and we had correspondence together of courtship, one night which was last Thursday was a week, when I had a great deal of correspondence, by courtship and marriage, with this girl; she told me as how, she had some china, and she had a looking glass, and several odd trifling things she could give me towards housekeeping, after her mistress was gone to bed, she came down stairs, which I look upon to be about two o'clock in the morning, she opened the door, and gave me the things.
Should you know the girl if you see her? - Yes.
Who was it? - The girl belonging to the house; there she is.
To Prisoner. Is that the girl? - Yes; that is the same girl.
To Hallman. Had you ever any acquaintance with this man? - No, my lord.
Did he ever court you? - No, my lord, I never saw him in my life.
You see he charges you with being courted by him, and you opened the door, and gave them him? - Please you, my lord, I never saw him.
Who opened the door to him? - No. body.
All he has said is false? - Yes.
To Prisoner. You hear what she says?
Prisoner. It is true she brought them to me, and gave them to me, and we was to go and live together after Christmas. I was along with her last Thursday night was a week.
How long had you seen her before she gave you the things? - I never saw her till Wednesday night.
So your first acquaintance was Thursday was se'nnight, and you never saw her till Wednesday night, when she gave you the things? - Not till Wednesday night after she gave me the things.
Then you was to go to housekeeping after Christmas? - Yes, my lord.
To Mrs. Doe. Your own character is called in question; had you any character with her? - No; there is a person worked with me recommended her to me, a person that lived in the city. She has lived with me two months, and behaved exceeding well.
You never saw that soldier, nor any person come to her? - No.
How near does she lay to you? - Up two-pair of stairs.
Mitchell. After he was taken he told this story, and then told a different story?
Court. Mrs. Doe says the fash was down and fast, the windows fastened, and sash down. The lifting up a latch, if a door is latched, is burglary, whoever lifts it up and enters. So it a window is down, if a man pulls up the sash it is sufficient in law to constitute the crime. With regard to the fact of stealing, the goods were found upon him, that is clear as to the felony.
GUILTY of stealing only, not guilty of the Burglary . To be confined to hard labour for two years upon the river Thames .
Tried by the First Middlesex Jury before Mr. Justice WILLES.
6. WILLIAM KNOX , indicted with THOMAS MALONE not yet taken, for that they upon the 1st of July last, in the parish of St. George, Hanover Square, one watch, the outside and inside case made of gold, value 12 l. the goods and chattels of CHARLES WILLIAM BOUGHTON ROUS , Esq . in his dwelling house, being then and there found did steal, take, and carry away .
Another account which charges, that upon the 7th of October , fifteen pair of lace ruffles, value 50 l. six cambrick handkerchiefs, value thirty shillings, five pair of silk stockings, value fifty shillings, a cotton shirt, value ten shillings, and fifteen quarts of wine, also the goods of the said Charles William Boughton Rous , in his dwelling house then and there being, did steal, take and carry away .
Mr. ROUS sworn.
He was servant at my house in Park-street , jointly with Elizabeth Willmot , the house-maid, who will be a witness upon this trial. I was out of town, except one day, in the house at intervals; I returned upon the 8th of last month. Upon the next day, I think it was, just before I was going out to dinner, I sent my servant, Joseph Clear , for a cambrick handkerchief: he immediately came down stairs, while I was waiting in my carriage, and told me, 'Sir, you have been robbed; there is no cambrick handkerchief, you have been robbed, here is your box empty. I immediately called the prisoner at the bar, and the maid servant, to know how this had happened: I found they had both a long story to give me concerning a long lace ruffle, which each of them had in possession.
Did each say they had a lace ruffle, or you found it? - They said they had it. I went out to dinner, and in the mean time determined to investigate this matter as far as I could. When I came back in the evening, the story I heard from the maid, Elizabeth Willmot , was, that about five weeks before, she went out a walking with my mother's maid, and returned between nine and ten in the evening, and found the prisoner sitting by a table, and soon after picked up a ruffle: some suspicions appearing, and upon my speaking to both together, and each separately, and desiring each if they could, to point out a bad person that had been in the house, or the house must be robbed by one of them: they both declared, and the prisoner in the most solemnWilliam Knox . At one place I heard of some ruffles being pawned, at another I heard a gold watch had been pawned by Malone; after a search at different pawn brokers and Jew dealers, the watch came back; I knew that it fitted another case I had; I left the watch in town, that is all I can say: as to the matter of fact, there are other persons can speak.
You say you left your house in charge of this man and maid servant? - I left it in charge of the house-keeper and this man.
I conceive the man servant more the master of the house than the woman servant? - I left him as a master does when he leaves his house, neither one or the other in custody of it.
You left it without positive orders to either? - No.
Who brought your watch again? - I did not, upon my arrival in town, miss my watch; upon hearing the watch had been pawned by the name of William Knox , knowing the maker's name, and mentioning at Bow-street the name.
JOSEP H CLEAR, sworn.
When I went to look for some cambrick handkerchiefs in the drawers where I left them, I found none; and when I heard the story of the ruffles being lost, I looked to the places, the boxes were mostly full, when I came back I found they were gone. I brought the box to my master and told him he was robbed of his ruffles; when I sent the prisoner at the bar the coat to take away his livery, I was going to send him a coat, and in his press I found a bottle of wine, where this coat lay; it was his press to keep his cloaths; the bottle of wine had my master's seal on; he had no lock or key to it. The wine was in my care; I looked over the cellar to see what wine was missing, I missed fifteen bottles of various kinds of wine, to the best of my knowledge.
Did you ever leave the key of the cellar with him? - Never; I have left it in my pantry upon the nail; I don't know whether he knew whether it was there or not, I left no wine out, he could only get at it by the key.
The press that you found the wine in was open? - It was open.
So that any body might inspect it? - Yes; it was in the open hall.
Are you certain you never left any wine about out of the cellar? - Not as I know of.
Where were these handkerchiefs? - In my master's wardrobe, where his cloaths was.
Were the drawers left locked or open? - They were locked; I left the key in my pantry.
And were they locked when you came back again? - Yes.
Did you see them found there? - I took them from where he kept his cloaths; it belonged to Mr. Rous.
Did the prisoner use to keep it locked? - Yes; there is a lock to it, but it was open; he did not return from Bow-street.
Mr. Rous. The reason I apprehend them to be mine is this, I fancy they are made in the form of a cravat; in the corner of one was done in a figure 3 with blue silk, and over that very apparently there are the marks where the letters have been picked out.
Can you swear to the rest of your linen? It is impossible for a man to swear to linen.
(Mr. Rous swore to one handkerchief in particular, comparing it with his own, which he pulled out of his pocket, with the mark of 3, and said it is made like a cravat; it seems rather the same size and shape.) I can't swear to the trunk; there is a corded muslin ruffle among the things found. I have none but corded muslin ruffles; there is another.
Are those the things found upon the man? - They are the same things; they have never been out of my possession.
The trunk was the property of your master, and the key in it when you took those things out? - The key was in it.
And you are certain those are the things? Yes.
(The pawn broker deposed, that he lived in Crown-street, Princes-street; produced the watch, said he had bought it of a man of the name of Malone, whom he knew extremely well, for seven guineas and a crown.)
(The watch produced in court Mr. Rous deposed it was his property, said it fitted another case he had for it, and that it was made by Green.)
I am a pawn broker; I live in Carnaby-street. I have seen the prisoner three or four times at our house; one time in particular, when he brought a cane, which he pawned in the name of Knox, which he redeemed afterwards; and he pawned a pair of knee-buckles, and nothing else.
You said you had seen him three or four times at your house, and he only pawned a cane and knee-buckles; do you remember any thing else? - No; I do not.
Were there some ruffles pawned? - Yes; by one Malone.
Can you swear to the lace ruffles pawned by Malone? - Yes; I have got them in my possession; there is three pair of ruffles, and a pair of silk stockings, pawned by Malone the 27th of September last.
Mr. ROUS looks at them.
There is one pair of rich Brussell's point, which cost me thirteen guineas, and which I remember the pattern of very well, here is another pair which I could swear to throughout Europe, because they are a very singular particular immitation of point lace, and I bought them at Genoa, when there about 20 month ago, and the counter part of one of these is the one found in the possession of William Knox . Here is another pair, I don't remember to have worn them, but I know I had some like them, it is Mignionet, I am confident it must be mine. Here are three pair of mourning ruffles, one pair of the three I can swear to, it is a mourning ruffle of a particular sort of pattern, I bought it at Paris, It is a mourning spotted which is uncommon, I had another pair like this I know I have lost, and this pair I know is mine.
I live with Mr. Rous. It is eight weeks ago last sunday, I went out to Knightsbridge about six in the evening, I returned between nine and ten, and found William at home, the prisoner at the bar, he let me in, there was no person there but him, there was a book before him, he leaned his arm upon the table, whether he was reading or no, I can't tell. I took off my cloak, he turned round to speak to me, what it was I don't know, he stooped to pick something up close by his chair, he said what is this, I
Did you sleep in that room? - Yes, I did, I slept there. There was a young woman with me, I said ma'm is this your's, no not as I know of, said she. I laid it down upon the table in my master's bed room, and went to shut the window shutters. Upon shutting it she took the ruffle, and said, it is a gentleman's ruffle, she said very like one of Mr. Rous's. I said it can't be one of Mr. Rous's, he had been in mourning, she said she knowed the tacking of it in Russel-street, she was my master's valet's wife.
Have you that ruffle? - I have; then I said to her, I will go and ask William whether or no he knows any thing about it. I went up stairs, she with me, and called William, he did not answer, he was in bed. I said, William, have you been in my master's bed room; he said, what should I do there; I said, I do not know what you should do there, but somebody has been there, for there is a gentleman's ruffle in it, he took the ruffle very carelessly and threw the ruffle down in a chair by him, I said he need not throw the ruffle away, for I would have the ruffle again, I picked it up and carried it down stairs, and left it till my master came home, which was five weeks.
Court. What became of the ruffle you picked up under the table below stairs? - I did not pick it up, he picked it up.
Mr. Rous. I have had it ever since he was at Bow-street, that is mine.
Court. Was Malone there? - Yes; I saw him with him at the street door.
Who is Malone? - I don't know; he appears like a very genteel sort of person. It was night, he laid there, when he came home with him it was a storm, William said, it was a very bad night to turn any body out, he came there, and staid from Saturday night till Sunday morning. I did not know it was Mr. Rous's ruffle, I had not been accustomed to go into his bed-chamber.
But Malone has frequently been at your master's house? - Yes; and he has dined there several times.
By your invitation? - No, he could not, he is not of my acquaintance; when he was there he slept with William in the garrat.
Did you see him any part of the night, from the time he went to bed till he went home? - No.
Many persons came to visit you; one Mrs. Wilmot or Miss Wilmot? - Yes; I never had any person staid with me after eleven o'clock.
You was very intimate with the prisoner at one time; I am sure you was; and you entertained some resentment against him; did not you say you would certainly hang him? - No.
Nothing to that purpose? - Yes, I have, but it was not in my power.
What did you say to that purpose? - The last time but one when I came to Bow-street, my master's man and his wife in a coach, the person that slept with me, William pleaded very innocent, and I said if he does not get his deserts now, he will by and bye. I should not be sorry to see him go by to be hanged.
Will you take upon you to say, upon your oath, you did not entertain some suspicion of his neglect of you? - No; I never knowed he had any pretensions.
From the Prisoner. Whether she has not had men lay in the house frequently? - Mrs. Bolton's servant, who is here; I can be clear she has had my master's mother's servant in the house with her, and another man besides.
Court. Will you wish to say any thing else? - I have nothing else to say.
Mr. Rous. I could swear to the ruffle that was picked up by him.
Jury. The ruffle was not taken upon him.
Mr. Rous. This ruffle he picked up himself.
I lost a Turkey carpet, the prime cost 6 l. 3 s. we shut shop always at this time of year, at six in the evening; after we had shut up shop, we fastened the door our two selves; this was upon the thirteenth of November; we afterwards retired to a little back room to drink tea; we shut up shop about half after five, or rather sooner; we had double doors; we bolt up and down one of the doors, the other we lock, upon the single lock, and leave the key in it; we leave a candle burning upon the counter, in the middle of the shop. It rained hard a little after six; a coach coming by, the noise struck me as if the street door was open. I said to my partner, the street door must be open; this was a quarter before six; we looked just at the door; we did not go into the street; I saw a man had been in the house, and in the street, coming out of the shop with dirty feet; it rained very hard; I said, he has not been in for nothing; there were two Turkey carpets, one I missed; we shut the door, and locked it, and immediately after we heard a knock against the door, and my partner looking out, saw the thief going away with the carpet upon his left shoulder, and a hair broom in his hand; there was a knock upon the window; it was an unvoluntary knock, by the broom hitting against it; my partner coming out, cried stop thief; he dropt the carpet, I took care of that; my partner pursued him, and took him. I was not bye when he was taken, I staid in Long-acre to take care of the goods; he found him up Rose-street, and took him, he was never out of his sight, he brought him within a minute after.
Are you sure that is the prisoner that you saw with the carpet on his shoulder, when he dropt it in the street? - I can't be sure, I took my partner's word for it.
You can say whether the door was fast or not, you spoke to the general custom of the shop? - I can't say, when we shut the doors we hang the key up behind it.
There are other carpets that are hung up upon the outside of the door, by way of sign, I suppose? - Yes; those carpets we lost before.
This man had a long hair broom in his hand, that had given the stroke against the shutters? - Yes, I suppose it so.
When you saw him with this carpet upon his shoulder, and broom in his hand, he paraded in the middle of the street, was he drunk? - No, Sir; not the least in the world.
I look upon it there is a cavity, the window projects, the man had not time to go a cross the street with a carpet? - This man hid himself.
What would have been the value of the broom? - Not above six pence, but the value of the carpet is 6 l. 3 s.
Mr. STIMSON sworn.
You are partner with the last witness? - Yes; upon the thirteenth of November last, upon the dusk of the evening we shut up the shop, and fastened the doors, and then retired to the little room at the end of
You are sure that is the same man? - I am very sure it is the same person.
Do you know any thing of one Mrs. Spaightly? - There was a woman called, but I don't know her name.
I was coming from Mr. Spranger's about six o'clock in the evening, the 13th of November; I saw something, I kicked it with my foot before I saw it, I then perceived it to be a hair broom; I perceived a piece of carpeting between two houses; I was rather in liquor; I took it upon my shoulder, I thought it might be of service, I thought it was a carpet that gentlemen put in their passages; I put it on my shoulders; a coach coming by, my foot slipped, I dropt it from my shoulder; two or three people followed me, and cried out stop thief. I ran down Rose-street, being rather alarmed; I was in liquor.
To Stimson. Was the prisoner in liquor when you took him? - He seemed to be in liquor, he seemed to make it appear so at first.
How do you mean make it appear so? - He could run as fast as I could, and from his appearance when examined.
Mrs. STANHOPE sworn.
I live in St. James's Market, No. II: I lived in Piccadilly thirty years.
Did you ever see the prisoner at the bar, before the 13th of November last? - Never in my life. I was going along Holborn; who he was I did not know; he was going along in Holborn all the way, he seemed to be in liquor; he saw something and kicked it with his foot, and took something up and put it upon his shoulders, and went into the highway; somebody called out stop thief.
You was in Long Acre? - Yes.
That young man was never out of your sight from the first time you observed him, for a considerable distance from the time you saw him take the carpet; do you know whether he did not go into the house of any body? - Sir, I did not see him go into a house any more than I do you go into a house: I came all the way along from Drury-lane.
And whereabouts did you see this lad? - I saw him go before me, as near as I can guess, to where they turn down to go to the lying-in hospital, and I went all the way to Piccadilly.
Tried by the London Jury, before Mr. RECORDER.
DORCAS MEALING was indicted for feloniously receiving upon the 6th of October last, one silver watch, the inside case made of silver, the outside shagreen, value 40 s. the goods of Samuel Goodridge , before stolen by Elizabeth Taylor , knowing the same to have been stolen .
I am a Carpenter ; I lost a watch.
What sort? - It was a shagreen case, the watch was metal.
Court. The inside was made of silver? - No, my Lord, metal.
Court. Then it is an indictment that will never do, because it is not the same offence. How they could have convicted her is extraordinary: the indictment is, that the inside case was silver, which is very different from an inside made of metal. This is for receiving stolen goods; the indictment says, a watch, the inside case made of silver, and the outside shagreen.
Clerk of the Arraigns. The indictment says, one watch, the inside case made of silver, the outside shagreen: the witness says, one watch, with the inside case metal, and the outside shagreen.
Court. It is put altogether 40 s. one watch with the inside case so much, and the outside so much.
Clerk of the Arraigns. He certainly said silver, when the person was indicted who was convicted.
Court. She ought not to have been convicted; the conviction is bad.
Clerk of the Arraigns. One of the witnesses says, that before the Justice he said it was a silver case.
Court. Elizabeth Taylor , last sessions, was found guilty of stealing a watch; the inside case silver, the outside shagreen. It was a mistake; she could not be convicted of stealing a watch, the inside case made of silver, and the outside shagreen; the original conviction was wrong, and the person is now under punishment. You can't convict an accessary, when the conviction of the principal is not warranted in the fact; you must find her not guilty.
Tried by the first Middlesex jury, before Mr. Justice WILLES.
14. WILLIAM ATHILL was indicted for stealing, on the twentieth of November , two silk gowns, value 40 s. the goods of Elizabeth Ireland , widow , two other silk gowns of the value of 40 s. the goods of Marthat Ireland , spinster , and four other silk gowns, and a muslin gown, value 4 l. the goods of Elizabeth Ireland , spinster , in the dwelling house of Elizabeth Ireland , spinster .
Elizabeth Ireland , widow, deposed that nine gowns were taken out of her house, on the twentieth of November, she went up stairs about six in the evening, and all her things were safe at ten, a woman called to her, and told her her door was open, she went up immediately, and found the two drawers empty, and the gowns gone.
Elizabeth Ireland , spinster, deposed, she lost four silk gowns, and a muslin gown, between six and ten, on the twentieth of November; the first intimation she had of their being lost, was by a woman, a lodger, in their house, saying the door was open - about ten at night she and her mother and sister went up stairs, and the things were missed; the next morning they were heard of at Justice Wilmot's.
Samuel Yardley , a person belonging to Justice Wilmot, deposed he had information there was some property at a house, it happened to be at Athill's; he heard a person was going to buy some goods there from a Jew; he found them on Athill's bed, tied up in a bundle; he asked Athill how they came there, and he told him a woman came there, and said her husband and she had words, and desired to leave those cloaths there, for her husband had threatened to cut her things to pieces - he said he received the information on theElizabeth Ireland , widow, does not bear the best of characters, and that she is indicted this sessions for receiving stolen goods.
(The prisoner was not put upon his defence.)
Tried by the First Middlesex Jury, before Mr. Justice WILLES.
15. HANNAH MUMFORD , otherwise GREEN otherwise SMITH , was indicted for feloniously stealing on the 21st of November , ten yards of lawn, of the value of thirty seven shillings, the goods of BLANCHARD COWARD , privately in his shop.
The prosecutor deposed, the prisoner came into his shop and bought a yard and half of muslin for a neckcloth, and left something upon it and went out, and left a bunch of turnips and a muffin, and came in again and paid for it, and desired to look at some clear lawns, that John Wright his man shewed her some, and that he missed the piece of lawn mentioned in the indictment, and never found it again, that he did not miss the lawn till she was gone.
John Wright deposed to the same effect, but was positive as to that piece being there when he shewed the lawns to her, and the reason of not stopping her, was, they did not miss it before the prisoner was gone, the last time that she came there, three times in all, might be in the shop half an hour.
The prisoner's defence was, she went there to buy a neckcloth for a postilion, her husband's fellow servant, that she did look at things and might be there half an hour in all, that she went and bought two bunches of turnips and left them there, and went to buy other things and then went back for her turnips; and why did not they take her then; instead of which they made her a bow, and asked her whether she would buy a gown of them? Said her witnesses had been there all day waiting, but were tired of staying so long, and were gone.
Foreman of the Jury. Mr. Recorder, the gentlemen of the jury are of opinion, they would not give you the trouble to sum up the evidence, as they think there is nothing to affect the prisoner.
Mr. Recorder. I will state what the evidence is; you will draw the proper inferences from it. The prisoner was indicted for stealing ten yards of lawn, value 37 s. privately in the shop of BLANCHARD COWARD: the value being above five shillings, privately in the shop, makes it a capital offence.
After Mr. Recorder had summed up the evidence, the jury brought in their verdict NOT GUILTY .
Tried by the first Middlesex jury.
10. JOHN FINDLEY was indicted for feloniously stealing, upon the 1st of December , one pair of silk breeches, value 20 s. one silk waistcoat, value 45 s. one pair of stone knee-buckles, value 21 s. and two pair of silk stockings, value 20 s. the goods of Edmund Littlehales .
I found the goods upon the prisoner in his room, the waistcoat upon his back. - I lost the things upon Saturday last out of my room; I came home about two or three o'clock, and undrest myself, and left the waistcoat and breeches upon the table in the room; I left nobody in the room; the barber was in the room when I undrest myself, but went out before me, and I shut the door after me; the key was broke, I could not lock it; I came home again between twelve and one in the morning.
Did you miss the waistcoat and breeches then? - No; not till next morning, between eight and nine o'clock, when the prisoner called upon me in the room: I first missed them between eight and nine o'clock upon Sunday morning; when I missed them I was going to shew the prisoner the waistcoat, as it was a new one.
What was you going to shew it him for? As it was a new waistcoat, and a new pattern, having been intimately acquainted with him the last two months past; it was a silk waistcoat: I could not find it, I looked in the trunk, I thought the chamber-maid might have put it in the trunk; then I missed my breeches; the chamber-maid could neither find the waistcoat nor the breeches. I asked her if she had put them any where.
Did the prisoner lodge at the same house? No; at the Blossoms inn, Lawrence-lane: the chambermaid said she did not know any thing of them; the prisoner was present; then I immediately said they were stole: the prisoner made some remarks, that it was no more than a common thing; he had lost several things at the Blossom's inn. I told the chambermaid not to make herself uneasy, but speak about it, and say who had been in the room; I gave them up for lost. Upon the Monday morning I went to call upon the prisoner, about nine o'clock, as near as I can recollect; and I saw him sitting in the Coffee-room at the Blossoms-inn, with my waistcoat on, with several
What did he say to that? - I don't know what excuse he made to that; I insisted immediately upon seeing Stanton's taylor; I was positive it was mine, it was a great deal too long for him, and too large: he said he could not see the taylor at that time, he would call upon him another time; he said he was going to Chatham upon a party then; as I found he was, I insisted upon calling upon the taylor directly; I ran to the window to call for the waiter to go for him; he desired I would not: he says, then I tell it you as a secret, I bought it of a Jew, and I gave 2 l. 10 s. for it, which I told him was more than the original value, and when jews sold things, they generally sold them for less.
That was more than the value? - Yes; I believe it was 2 l. 2 s. or 2 l. 5 s. I gave for it; I told him the man that had the waistcoat had my breeches and things; he said he did not know; he had seen him several times. Before I looked at the breeches, I threw some down upon the ground, and found mine, and I said I will take my oath these are my breeches, have them where you will.
You found a pair of breeches that you believed to be your own? - Yes.
Were they sattin? - They were what they call Florentine, I gave two or three pounds for them.
Was there any thing particular you know them by? - The first day I put them on, I struck them against a place and broke a little hole, one upon the knee and another upon the strap, both at the same time. It is very remarkable, which made me swear to it, there was a little ouze, it broke a stitch in the weaving.
Did you see those marks upon those breeches you found? - Yes.
Were there any buckles? - There were a pair of stone knee buckles I gave a guinea or a guinea and a half for, I bought them of Mr. Manly of Chatham, there was a purse there but I had taken out the money.
Can you swear to the purse? - Yes.
And the buckles? - Yes.
Have you any doubt they were all your things? - I have not the least doubt they were mine.
What did he say when you found those other things? - I was angry he did not tell me he had bought the breeches as well as the other things, he said he intended to surprize me. I told him it would be a very agreeable surprize, if he would tell me the person he bought them of. I asked him if he had bought the knee buckles or silk stockings of him, he had often bought silk stockings, he shewed me a pair he bought lately. I asked him if he knew where the Jew was, he said that he did not, that he owed him a guinea or some such thing, and he would come there again. I insisted upon his breaking off the engagement of going to Chatham, and go and see for the Jew, for he had told me his name was Henry Isaacs , and he lived in Loughborough-street. I went with him there, and there was no such man living in the street. We met a Jew and asked him, if he knew one Henry Isaacs , that lived in Loughborough-street, he said no, but in Petticoat-lane there lived one. I insisted upon going there, and found one Henry Isaacs that lived at a butcher's there, thatHenry Isaacs wore a white wig, and was a tall man, then he acknowledged that could not be the man.
What did he say then? - We went back to the Blossom's Inn. I had no suspicion he could be guilty of any such thing. I said I hoped we should find the man between this and Monday. I left word if Isaacs came to the Blossom's Inn, to send him to the Saracen's head. I was in hopes of buying my silk stocking again. No Jew came on Monday. I mentioned the circumstance of his calling a great many times upon me, and leaving a note, and being shewn up to my room when he had no business there. I concluded he was the man.
Do you know any thing farther from your own knowledge? - I asked him first of all if the Jew was come, he said, he believed there had been a man to enquire after him the night before, but he said he had not seen him. I immediately told him he was both Jew and thief, and he was taken into custody that morning.
What is he? - When I first was acquainted with him by accident, going to take him a place to go to Chatham, he dined at the ordinary with a gentleman acquainted with our ship, we agreed to spend the evening together; he told me he was an officer in the Irish horse.
How long have you known him? - Two months; after that he told me he had a commission in the forty-fourth regiment at Quebec, and one night he was intoxicated, and said, his name was not Findley but Carr, but went by that name, as he had killed a man in a duel in Ireland, and desired I would call him Findley.
Thomas Hepworth . I am waiter at the Saracen's head Friday-street. I know the prisoner at the bar. I saw him there upon Saturday last as near as I can recollect, about eight o'clock in the evening, he enquired for Mr. Littlehales.
What became of him? He asked if Littlehales was within; I told him he was not come in; he asked which was his number? I said nineteen in the corner; as the lamp was up, I saw him go up stairs. I can't say I saw him go into the room, neither did I see him come down again: about half an hour after that, as I was going to Honey-lane market, somebody touched me upon the shoulder, as I was crossing by Honey-lane market, and followed me to the other side of the way, and asked me if Mr. Littlehales was come in? I said, no; if he had any message, I would deliver it; he told me, Mr. Littlehales and another gentleman had agreed to go out in a phaeton in the morning; I said I should tell him; he came in the morning before he was up.
You are sure it was Saturday night he asked for him? I am sure.
I am a constable; I received the thinge from the gentleman that gave me the charge. (He produces the things.)
Prosecutor. This is my waistcoat, and breeches likewise, there are the same marks I described; I have not the least doubt of the waistcoat and breeches; I have not found the buckles and purse; they were all together, the silk stockings and all. I can take my oath to laying them upon the table.
Upon the Friday evening, there was a broker, with a green bag, he told me he had a very handsome waistcoat to sell, and some small cloaths: I brought him to the inn; he had two pair of breeches, the one small, the other large, and two waistcoats; I agreed to give him two guineas and a half for the waistcoat and breeches, he was to come to me again for a guinea, he was to come and bring me another pair of small cloaths; I told him if he would leave them with me, he might enquire of the people of the house, he said there was not the least occasion. I had the waistcoat, it was too wide, he was to come and take it in on Monday; I wore the waistcoat all Sunday, and put it on again on Monday. I intended going to Mr. Littlehales, I had not the
Court. Have you any witnesses to your character?
Prisoner. No; the people at the Inn must have seen the man going up stairs with me on Saturday evening.
He called no witnesses to his character, he said he had not sent for any, and he had none there.
Tried by the London Jury before Mr. RECORDER.
11, 12. SARAH JACKSON and MARY CLARK were indicted for feloniously stealing one pair of linen sheets, value 8 s. in the dwelling-house of John Cuthbert , twelve linen shirts, value 30 s. six stocks and two neckcloths, value 4 s. four linen shifts, value 4 s. two laced muslin caps, value 2 s. two laced muslin handkerchiefs, value 3 s. one pair of laced frills, value 1 s. one flounced muslin apron, value 3 s. two linen aprons, value 2 s. four linen night caps 1 s. four linen handkerchiefs, value 1 s. one cotton waistcoat, 1 s. two child's linen pincloths, value 6 d. eight pair of cotton stockings, value 3 s. one pair of thread stockings, value 6 d. six pair of worsted stockings, value 3 s. the goods of Henry Butler , and one linen bed gown, the goods of Mary Webster , spinster , in the house of John Cuthbert .
I am a lodger of John Cuthbert , I was in the house upon the 29th of November ; this Sarah Jackson was employed as a washerwoman ; she came upon Thursday in the morning; the linen that was packed up the night before to wash, was set in the one-pair of stairs fore-room where my wife
What time did she come to wash? - Between five and six o'clock.
She carried them into the kitchen? - Yes; I went down stairs about a quarter past eight, and found the candle burning, which candle she had taken down stairs to wash by in the passage, at the top of the kitchen stairs. I suspected the prisoner had taken the things and gone off with them.
Did she use to wash for you? - She had not washed for us, but had cleaned something for us.
You and your wife live in the house? - Yes.
To prisoner. Have you any questions to ask? - No.
Are you married or single? - A single woman.
How old are you? - About twenty-five.
What is he? - He is servant to his royal highness the duke of Cumberland.
You remember Sarah Jackson coming to you to wash linen? - Yes; she came Wednesday night. I told her I would get every thing necessary for her to wash in the morning, that I never left any thing below stairs, but she must come up stairs for it the next morning to my room.
Was she to wash your linen or Mr. Cuthbert's? - Only mine; Mr. Cuthbert's linen had been washed. She came next morning according to my orders into the room where my husband and I sleep. My husband asked her what it was o'clock, she told him half past five; she took the linen out of the room in order to wash it.
How many shirts did she take of your husband's? - There is a list of them.
You must go through the list yourself? - There was six of my husband's, six of my little boy's.
How old is he? - Twelve years old in January.
What might the value of these twelve shirts be? - About thirty shillings, I should suppose, there was four of them quite new, my husband's had been wore very little.
Any stocks? - Six, and two neckcloths.
What might be the value? - Four shillings I believe. Four shifts of mine.
Were they old shifts? - Not very old; value about four shillings, two laced muslin caps, value two shillings; I will not over value them, two laced muslin handkerchiefs, three shillings.
One pair of laced frills? - Little robins sir, one shilling.
One flounced muslin apron? - Yes; that I lost, value three shillings, two linen aprons, two shillings.
Four linen night caps, you lost them too? Yes, one shilling; four linen handkerchiefs, one shilling; one cotton waistcoat, one shilling.
One pair of Nankeen breeches? - Yes.
Two child's linen pincloths, did you lose them? - Yes, six pence; eight pair of cotton stockings, three shillings; one pair of thread stockings, old ones, six pence.
Six pair of worsted stockings, were they boys or mens? - Some of my husband's some the boy's, three shillings.
What reason have you to think Sarah Jackson stole them? - She took them down in the kitchen in order to wash them, my husband went down stairs and found the candle burning, he went immediately into the kitchen, the things were all gone.
Those were the things you had set apart for her washing the next morning? - Yes; these were all missed and she was gone.
You don't know any thing to affect the prisoner? - No; upon her examination she owned to it.
Was her examination taken? - It was; by the present Lord Mayor.
Was it taken in writing? - The constable says no; she spoke of it afterwards herself, she told me.
What did she say before the Lord Mayor? - She confessed the whole, that instead of washing them, she was persuaded by the other prisoner at the bar (that I know nothing of) to take them away.
Did you ever see your things again? - Yes; here is part of them.
I am housekeeper to Mr. Cuthbert.
Had you any thing to wash this twenty-ninth of November? - My lord, I had washed upon the Tuesday.
She had to wash, I suppose, the linen bed-gown of your's? - Yes.
What may be the value of that? - Two shillings.
Did you lose that the morning the other things were taken away? - Yes.
Was it in the kitchen? - Yes.
Was it hung up to dry? - Yes.
Any thing else?
(Here the Witness deposed to all the things seperately, with the value of them as laid in the Indictment.)
Are you a pawn-broker? - No; I am a dealer in old cloaths; I go about the streets crying old cloaths.
Did you buy any, or chaffer for them? - No; I did not buy any, but they offered to sell some things; they came to my house last Thursday morning, between eight and nine o'clock.
Then you have a house where you buy old cloaths? - No; I only live in a single room; Sarah Jackson and Mary Clark came to the place where I live upon the Thursday the twenty-ninth of November, between eight and nine o'clock.
What did they offer to sell? - They was brought to my house by a little boy of mine; they offered the boy six pence if he brought them to a person that would buy the things of him; they was brought to my house by this boy.
What did they offer to sell? - Sarah Jackson , when she came in, had a bundle under her arm; it was tied up in a sheet, she came to ask whether I would buy any old linen of her; Sarah Jackson put the bundle upon a chair; she untied the knot; and Mary Clark she had a small trifle in her apron (the other prisoner) and she put it down into the rest of the things.
What did these things consist of? - I did not look them over what they was; she asked me twenty shillings; I thought the things were not her own, because there was too much for money; I offered fifteen shillings for them, making them believe as if I would buy them; I told them I had not money enough, and I went out to fetch a constable.
I am a constable; - I am a Jew.
Do Jews exercise the office of constable? (the officer of the court said customarily)
What day was it you exercised the office of constable upon this affair? - Last Thursday morning, as near as I can recollect.
What was you sent for? - To take charge of these two women that had the bundle with them.
Is that the bundle they delivered to you? - Yes; when they came in the house.
(He produces a large bundle of linen tied up in a sheet, and sealed up.)
To Mrs. Butler. Look at the things that are in that bundle.
( She deposes to them.)
By what marks do you know the things were your's? - My husband's shirts are all marked except one with a B; I saw them all, and swore to them before my Lord Mayor.
Do you know it to be your bed-gown? - Yes.
Have you seen the pair of linen sheets belonging to Cuthbert? - Yes.
Do you know them to be his? - Yes.
Court. If you find the goods above the value of forty shillings, it is a capital offence, because it is stealing in the dwelling house, the things are laid in the indictment above the value of forty shillings, but the things she was selling to the Jew were not proved to be of the value of forty shillings, - therefore it is left to your consideration whether you will not find her guilty of stealing to the value of thirty-nine shillings, and whether you will not acquit Mary Clark , against whom there is little or no evidence.
Tried by the First Middlesex Jury before Mr. Justice WILLES.
Deposed that he keeps a shop in the blanket trade , in partnership with his brother. On the 23d of November, they lost eleven blankets, they packed them up and put them in a cart, the servant lost them; that he had packed up twelve pair in two covers, that the servant took them away in a cart, about three in the afternoon; they were to be carried to Round Court in the Strand, that there were sixteen or seventeen parcels in the cart to go to different places.
Thomas Brown , the carman to Mr. Miles, deposed, that he helped to pack them up, he was to carry them to Round Court, he had a parcel to leave at Mr. Norris's in Holborn; he stopped the horse and cart, it was then after dusk, he told me that I must carry them to his mattress maker, and desired me to stay a minute while he wrote a note, and when he came back, the horse and cart were gone from the door; that he run two hundred yards up towards St. Giles's, then homewards towards the Old Bailey, could not hear of it. That he went home and acquainted his master, that he and another man went to see if they could find it, they found it at the end of Long Lane in Barnaby-street. He is sure that the blankets were in the cart when he stopped at Norris's door.
Deposed, that on the 25th of November last, that Jealous and he went round to some houses, to see if they could find any body that had cut off Portmanteaus, that they went into Mrs. Ireland's, that the daughter ran upstairs with something in her apron, they followed her up to the dining room, and there was a quantity of blankets. Then he recollected seeing a handbill, that there was a cart with blankets lost. That he packed them up and brought them away.
Deposed, some blankets were found at their house on Sunday was a week, that her mother bought them of Mrs. Harris, on Saturday between twelve and one, when she was present. Harris keeps a house in Butler's-alley, but no shop. Her mother keeps a Chandler's shop and Pawnbroker's, in Redlion-yard going into White-cross-street. That her mother paid her three guineas, that there were five pair and an odd one.
The prisoner Harris said, I am certain all she says is false.
Deposed, that she went to Mrs. Ireland's shop last Saturday week for some chandlery wares, and just as she went in Mrs. Harris came in, and some distance of time after a lad came in with a very large bundle upon his head, it appeared as if there were
Mary Mercer deposed she saw the parcel go into Mrs. Ireland's, and a few minutes after she saw a young man go in with a large bundle tied up in a rug, with the corner of a blanket hanging out; she cannot swear to the prisoner being the person; that Mrs. Harris passed her as she stood in the street talking at that time, which was last Saturday was a week.
(The blankets were produced in court by Morant.)
The prosecutor deposed to his mark being on the blankets; and the carter said they were they same.
PRISONER HARRIS's DEFENCE.
I know nothing at all about it; I know Mrs. Ireland got out of the way for having the blankets found in her house; she came to me, and desired me to get out of the way for buying some blankets; it is a sad thing I should suffer for them.
Court. With respect to the lad, James Brockley , there is not sufficient evidence to convict him. If the goods were taken away from the cart standing at the door, it would be a felonious taking; or the horse and cart might go away of themselves; we don't know whether, and some persons might take them out of the cart; that would be a felonious taking, but there is not a tittle of evidence of its been seen any where after it left Norris's door, till it was found in the Borough. - Harris is indicted for stealing them in the parish of St. Andrew, Holborn, in the county of Middlesex; of their being stolen in that parish you have no evidence. - If they were stolen in the city of London, or the Borough from the cart, you could not convict the prisoner upon this indictment, but you must be satisfied they were stolen in the place laid in the indictment, and of that there is no evidence, unless you infer that she was the person that drove the cart away herself.
Tried by the First Middlesex Jury before Mr. RECORDER.
21. HANNAH BROWN was indicted, for that she upon the 27th day of November last, four silk polonezes, value six pounds; four silk petticoats, value forty shillings; one silk gown, value thirty shillings; one silk petticoat, value ten shillings; one sattin petticoat, value ten shillings; two pair of laced ruffles, value twenty shillings; one laced tucker, value five shillings; one muslin gown, value twenty shillings; one cloth riding-habit waistcoat, and stays, value forty shillings; one silk sacque and petticoat, value forty shillings; two silk counterpanes, value twenty shillings; one bombazene sacque and petticoat, value forty shillings; two laced handkerchiefs, value forty shillings; two pair of laced ruffles, value forty shillings; two laced tuckers, value fifty shillings; one marscilla petticoat, value two shillings; one callico poloneze and callico petticoat, value twenty shillings; one linen napkin, two shillings; one cotton counterpane, value five shillings; one sattin sacque and petticoat, value forty shillings; one sattin gown and petticoat, value twenty shillings; one worked muslin gown, value ten shillings; one silk petticoat, value five shillings; seven pieces of flowered silk, value forty shillings; and one laced tippet, value five shillings. The goods and chattels of CATHERINE THISTLETHWAYTE , spinster , in the dwelling house of the said CATHERINE, then and there being feloniously, did steal, take, and carry away .
CATHERINE THISTLETHWAYTE sworn.
Are you married? - No my lord; I keep a House-Relate to the Court and Jury.
What have you to say against Hannah Brown ? - My lord she has lived with me near six years, as my servant . On the 27th of November, upon opening a box where I kept ruffles and other things, I found they were not there, this was sometime the latter end of last month. I desired to know where they were, what she had done with them. She told me they were in another box in another closet. I desired her to bring them to me, she did not.
What reason did she assign? - That she did not know where they were, and she appeared confused. I asked if she had pawned them, she said she had.
Had you any reason to suspect her before? - At the time I had no suspicion. I asked her if she had pawned the ruffles. I told her if she had, she must have pawned other things, and I begged to know what they were, and where they were.
What did she say to that? - She said she could give me no account, but if I would give her three weeks, she would find a friend to get out all the things. I understood it in that light; I cannot remember the words; I asked her who this friend was, what was her expression? - If I would give her three weeks she would find a friend to get out all the things; I then told her she had trifled with me, and I could not be trifled with any longer; I would send for Mr. Bingham, at whose house she lived, who recommended her.
What is Mr. Bingham? - He is a hosier in the Strand; when Mr. Bingham came I told him what had passed in the morning; he asked if I had any objection to his speaking to her alone; I said no; they went and spoke together, and after some little altercation, she delivered up the duplicates.
Do you know the things? - If they are produced I shall know them.
You are a hosier in the Strand, are you? - Yes.
Do you remember being sent for by Miss Thistlethwayte, on the 27th of November? - Yes; she sent for me to acquaint me with this affair, that her servant had pawned her things; the prisoner asked to speak to me alone, when we were together I asked her for the duplicates which she gave her, and I carried them into Miss Thistlethwayte directly.
What reason had you to suppose she, Brown, had the duplicates? - From what her mistress told me.
Was you under the necessity of threatening her? - No; she gave them very readily.
(The duplicates were produced, and shewn him.)
Court. Are those the duplicates of the things? - I believe so; I did not tell them, I gave them to Miss Thistlethwayte, I did not go to the pawn-broker's, all I did was to receive them from the hands of Brown, and give them to Miss Thistlethwyte.
You asked her how she came to pawn them? - I did; she said it was through necessity.
Do you remember going with Mrs. Brown to the House of Taconet? - Yes, the same evening; it was about three or four in the same afternoon I was sent for.
What occasioned Mrs. Brown to carry you to Mrs. Taconet's. She said, there were some duplicates; she got them from there; I did not see them; I did not go into Taconet's house, only to the door; I did not see Mrs. Taconet; I know nothing of what passed between them.
Court. You are a pawn-broker? - Yes, Sir.
Do you recollect having any dealings, at any time, with the prisoner, Brown? - Yes; I have taken in some silk curtains from the prisoner, Brown.
Court. Are they in the indictment? - Yes; all, as seven pieces of flowered silk.
Were they made up as curtains? - No.
The prisoner pawned seven pieces of flowered silk with you? - Yes; Mrs. Brown did by the name of Foster.
By what name did she pawn that in? - That was pledged in the name of Thompson.
The Prosecutrix deposed the things produced by Banister were her property.
To Banister. Did you know the prisoner at the bar? - Yes; exceeding well.
How came you to let her pawn the first things in the name of Foster, and the last things in the name of Thompson? - I could have no reason to suspect her from appearance; there are many people come that never make use of their own names; very few people, if they come honestly, if they are of any credit, put things in their right name.
Deposed he knew both the prisoners at the bar, and had had dealings with both, that on the 16th of May, 1780, he took in a silk counterpane for 13 s. 6 d. of Brown, in the name of Foster, that Brown pawned nothing else with him; but Elizabeth Taconet , on the 13th of November, pawned a gown and petticoat for 12 s. white callico; a callico poloneze; she told him she brought it for Mrs. Foster; the 27th of November she pawned two sacques, two gowns, and four petticoats for 9 l. 5 s. they had been pawned before, but taken out again; some of the gowns were silk, some sattin, one worked muslin gown, a petticoat; she took an apron out of pawn sometime ago, and left the other things.
E. Taconet. The first time I went she gave me a note to the pawn-broker to deliver the things.
Court to Edwards. Were any goods exchanged with you by the prisoners, or either of them? - Yes; it is a common practice to do these things; I cannot tell what was exchanged.
Counsel. Was it not a common thing for them to exchange winter cloaths for summer? - I really don't know that; I exchanged cloaths several times with both.
I am a pawnbroker; Mrs. Brown pawned a blue flowered silk counterpane, the first of September last, it was pledged for one guinea and a half in June 1780, and renewed the first of September 1781, it was pawned by her in the name of Foster.
Is that all you know as to Brown? - Yes.
What have you to say, as to Taconet? - The 14th of April she pledged a black silk sacque and petticoat for three guineas and a half, in the name of Jackson, South Audley-street. The 22d of last November she pawned some laced ruffles, and a tucker, in the same name, for two guineas; upon the same day she made an exchange, and took a silk gown and petticoat, and brought some other silk gowns instead of it, for 3 l. 4 s. 8 d. she had no cash, she exchanged, and said, Mrs. Jackson wanted something else.
What did she exchange? - Three gowns, I think, and four petticoats.
She pretended she lived in South Audley-street, and passed by the name of Jackson.
( JAMES CRUIKSHANK , a pawnbroker, deposed, that on the 29th of October, 1779, one of the prisoners, he could not tell which, pawned a black bombazene gown and petticoat, and ladies ruffles, in the name of Foster.)
Wm. FOX, a pawnbroker, was called, but at first could not identify the person of the prisoner, Brown; at last he said, he believed Brown, the prisoner, to be the person; then said she brought a pair of point laced ruffles, and a point tucker, and a point laced tippet, for three guineas, the 23d of August last, in the name of Jackson.
You are clerk to Mr. Peele? - I was, but am not now.
PATRICK M'MANUS sworn.
You was employed as an officer to go to the house of Peele with a search warrant? - Yes; I found this box, with different things in it; I don't know what they are; producing a band box.
It has been in your custody ever since? - Yes.
I have had dealings with Mrs. Taconet. I took in pledges of her, in the name of Thomas; I took in this petticoat the 16th of March 1781.
When this petticoat was pawned it was only for the purpose of redeeming some other pledges; there was no money came into Mrs. Taconet's pocket? - I cannot tell that.
(The edifferent pawnbrokers were all called over again, and ordered to produce all the cloaths that was pawned by the prisoners, Brown and Taconet, which the did, and the prosecutrix deposed to all that was produced being her property.)
I leave it to the court and my mistress.
Court. Have you any body to call to your character?
How long have you known Hannah Brown ? - I have known her pretty near eight years; I never knew any hurt of her in the least; I never heard anything amiss of her; I heard several people, that came to enquire after her while she was at my house, speak very well of her; she behaved extremely well while she lodged at my house, near a year; I knew her some time before; - I believe it was distresses which brought her to this.
Court. What distresses? - She was in debt when she went there, and for all this I should not be afraid to trust her with any thing; her distresses and bad advice, I believe, has been the occasion of all this.
Do you know any thing of Taconet? - No; I believe Brown has many friends at York would speak for her, but there was no time for them to come here.
ELIZ. TACONET's DEFENCE.
I had no interest in any part of it; I only did it to oblige Mrs. Brown, and as she desired me I went to change some things for others.
Court. What trade do you follow? - I am a mantua-maker .
Hannah Brown . I got a gown made by Mrs. Taconet, when first I knew her; I was very much distressed about this; she told me I must change them till I got the money, and I must always change them till I got the money out; - may I speak the truth?
Counsel to Brown. Had Mrs. Taconet any interest in it?
(To Taconet's character the following witnesses were called.)
Deposed he had known her two years, that she lodged with him a year and a half, since her husband's death, that she has three children, that she is a mantua-maker, and very honest, that through the whole week he has known her go out from four and five o'clock in the morning, and stay till twelve at night, in her business; that she is a very industrious honest woman.
Mary Walker deposed, she has known her twelve years; that her husband was formerly cook to Mr. Lascelles; that her general character was always, that of a very industrious, and very notable woman, and a very good woman; that lady Fleming used to employ her, and does still; that she has worked for the present countess of Harrington, and lady Ferrers, and is employed for other people of fashion; that she always was a very honest woman.
Deposed, that she has known her since the year 1772; that she works for the young Lady Harrington; her general character is a very honest, hard working industrious woman.
Mary Haine deposed she had known her seven years, and always employed her as a mantua-maker; that her general character is, that of an honest, very civil, industrious woman, and does her work extremely well.
ELIZ. TACKONET, ACQUITTED .
Tried by the Second Middlesex Jury before Mr. Justice WILLES.
I am a watch -maker at Colchester in Essex . I lost a brown mare on the 27th of October last, in the night or very early in the morning, my stable was broke open with a plough coulter. I live in the town of Colchester, there was only one mare in the stable, she was taken away.
It was your own mare? - It was my mare, she was worth about 12 or 15 l. I had had her about four years. Immediately after the robbery I had some hand-bills printed, and sent them round the country upon the Saturday and Sunday after the robbery, which was on Saturday the 27th. Upon the Monday I came up myself to the public office in Bow-street. I first heard of my mare upon the 7th of November. I received a letter from the office, dated the 6th, that the mare was stopped at the Bull and Gate, Holborn. I came to town but not directly, they wrote me word in the letter, he was to be examined on the Monday morning. I came to town upon the Sunday the 11th of November, between ten and eleven. I went up to the Bull and Gate, and found the mare there.
You could not be mistaken as to your mare? - No.
You have had her four years you say? - Yes; upon the Monday Townsend and another man were examined concerning the mare. I swore to my property.
What are you? - I am hostler to Mr. Hopkins at the Bull and Gate. I received a bay mare the 27th of October, between five and six o'clock at night.
How far is Colchester from London? - About fifty-five miles.
Who brought her there? - I believe it was this person (looking at the prisoner) I am not clear, it was dusk in the evening. I cannot swear that was the person that brought it, but he is the person that came afterwards and owned it.
You believe it was? - I believe it was.
What was you to do with the mare? - To take care of her. She appeared as if she had come off a journey. I had a strict charge to take care of the mare.
How soon did any body come to enquire after the mare? - The next morning.
Who came to enquire for her? - That is the person (looking at the prisoner) that came to enquire after her the next morning.
Can you swear positively, the prisoner is the person that came the next morning to enquire after her? - He is the person
What were the words he made use of? - He asked me to take care of the mare that was there, he came to see me take care of her and feed her.
When did he say the mare was brought in? - The over night. I had just dressed her, he staid a few minutes, he came several times to see the mare.
How long might the mare stand at your stables? - It stood from the 22d of October, till the 14th of November, before she was took away.
Was she ever rode all this time? - Not rode at all.
Did he pay you for the keep of the mare? - No.
Did he ever offer to sell the mare or any thing of that sort? - The mare was put up at auction, to be sold at the repository of Mr. Hopkins, the Bull and Gate. I did not see the prisoner there at those times, the mare was not sold.
Before the mare was owned, how often might the prisoner have been enquiring after the mare? - I cannot tell the number of times, three or four times.
Did you receive the hand-bills that came for this mare? - I did not.
When was this mare first claimed by any body and by whom? - She was claimed by the people of the office in Bow-street, on Sunday night.
Was the prisoner there after the 4th of November, to enquire after her? - No; he was not, he was taken into custody.
When did Hedge come, the owner of the mare? - I cannot recollect, I was not present when he came in the yard. I did not shew the mare to him, my fellow servant did.
Prisoner. In Bow-street the first night, he said he believed me not to be the man that left the mare.
Court. Did you say at the examination in Bow-street, you believed he the prisoner was not the man that left the mare? - I could not swear to him.
Did not you say you believed he was not the man? - I did not say so.
You are servant at the Bull and Gate Inn? - Yes; I am the upper hostler, the other man is the under hostler. I was not at home when the mare was brought in. I saw her about eight o'clock at night upon the 27th of October.
A bay mare? - Yes.
Did you ever see the prisoner come after the mare? - Yes; I saw him upon the Monday and Tuesday. The mare was brought in on Saturday night. I saw him both Monday and Tuesday at our stable.
Both Monday and Tuesday? - Yes.
What did he say, or come to your stable for? - He came to put the mare up for sale.
How soon was the mare put up for sale? - Much about two o'clock on Tuesday.
He gave orders to put the mare up for sale? - Yes.
You are sure the prisoner was the man? - That was the man.
He gave you the order? - No; not to sell the mare, he went into the counting-house to the clerk.
Then you did not hear him give the order? - No.
Then you did not hear him say any thing about the mare? - Not then.
When then? - When he came again after the mare was put up on Tuesday, he said he should wish to sell her, or he must put her up to grass.
How soon did he come after the Tuesday? - He came between that and the Saturday, he examined the swelled heel, he desired her to be worked about, he would have it put up again upon Saturday, and if not sold upon the Saturday, he would send it into the country.
Had you asked him about the price? - Yes; I asked him if he chose to fix any price upon the mare, because sometimes a customer comes and buys them before the owner comes.
What did he say to that? - He told me no; he had an acquaintance of his would come and bid for the mare on Saturday.
This he said to you? - Yes; if the mare could not fetch the money he proposed having for it, his acquaintance would buy it in.
The mare was sold upon the Saturday? - I believe not a person bought it in for him. I believe to one Smith, I am not certain.
Was the mare taken away or put up to sale again? - No.
Did you see the man again after this? - He came the Saturday night and ordered a bill to take the mare away, the prisoner came himself.
Did he go by his own name? - No; he went by the name of Harris.
Was the bill made out? - No.
Did he pay? - No; he took the bill but not the mare, he did not pay the money. I believe upon Sunday, the next day, the mare was claimed, upon Sunday the 4th.
You did not see him after the Saturday? - No; not till I saw him in Bow-street.
That is the man that came three times to your house? - Yes; he gave me orders to have the bill made out.
When was it Hedge came to town? - I am not certain; I believe the Sunday following as near as I can recollect.
It was in the morning I believe upon the Sunday he came to town? - Yes; I saw him the day he came to town to the best of my knowledge. I believe it was Sunday he asked me to look at the mare.
Did you shew him the mare? - Yes.
Was that the mare which the prisoner used to come and look after, and which he examined the heel of; was that the mare that was desired to be put up to sale, by the prisoner? - Yes.
To Hedge. That is the man that shewed you the mare? - This is the man that shewed me the mare.
That mare he shewed you was your own mare? - Yes.
To the hostler. And that is the mare he looked at the heel of? - Yes.
And that is the mare he ordered to be sold? - Yes.
(Prisoner desired a letter to be delivered to the judge).
Court. We shall read it by and by, there is no post-mark, it is a letter from a supposed Mr. Harris, desiring him to sell the mare for him, it is dated Rumford.
Prisoner. The witness says, the Saturday the mare was put up, he saw me upon the Monday. Upon the Saturday he says I called and had a bill. It was on Monday I meant to send down in the country.
Court. You came again upon Saturday night, and ordered a bill to be made out in the name of Harris.
Prisoner. Upon Monday about ten o'clock I had the bill of the hostler, it was Monday or Tuesday when she was claimed.
To the hostler. Was the bill made out before she was claimed or after? - Before; he came for the bill himself upon Saturday.
Court. Upon Sunday the mare was claimed. You say the gentleman never came after the mare was claimed? - No.
I belong to the office in Bow-street. Upon the 4th of November last, about nine o'clock at night, one Smith came to give information a mare was stolen from Colchester.
Court. Smith was the man the mare was knocked down to, it is material he should be here; is he here? - No.
That conversation with Smith occasioned your going to the Bull and Gate? - I went to see if there was such advertisement, I found it, and then went I to apprehend Townsend that night. It was on Sunday night about nine o'clock.
You took Townsend directly, where did you take him? - In Vine-street Covent-garden.
How came you to go there? - Smith told us.
Did you tell him what he was charged with when he was taken? - He was told but I was not present. I went that night and stopped the mare. I saw Johnson this young man, I did not see the mare that night. The next morning I saw her. I took the advertisement out of the book and looked at the mare, she proved to be the same mare by the marks. Then Mr. Hedge was sent to at Colchester.
To Johnson. I think you saw the mare
Had she been rubbed down then? - Yes.
Did she appear to come off a journey? - Yes; she was rode hard.
Jury. Smith came to inform him where the mare was that was stole, and the man that stole her. I want to know from what circumstance he knew the man that stole her.
Court. As Smith was not here I could not allow his evidence, that was the reason I stopped that evidence.
My lord, I expected to have had my witnesses here, but my attorney being engaged in the morning with a trial, he had not time. My bill was found only yesterday. I had only notice to come up last night about four o'clock.
You have no witnesses here? - I had them here in the sore part of the day.
Are they witnesses to the character or fact? - To the fact, to the delivery of the mare to me.
What is his name? - His name is Wilson, the person that was with me when the mare was delivered.
Court. You may read the letter yourself.
Prisoner. Wilson was in the house at the time.
Court. You had the bill made out to one Harris, that is a letter to induce the jury to think, it was sent by Harris in order to sell. Harris lives but at Rumford, can you give any account of yourself in what way of life you are, does any body know you here?
Prisoner. I don't know that any body knows me in court. I am a cabinet-maker, I did work at Barnet sometime with Mr. Betty, and I have worked at your Lordship's house.
Court. So far he says is true, there is an upholsterer of that name at Barnet, whom I have employed.
The upper hostler said, the mare was booked in the name of Harris.
Jury. Many disagreeable circumstances attending the prisoner, the attorney and council, and witnesses not here, and other circumstances added. We beg leave to recommend the Prisoner to mercy.
GUILTY . ( Death .)
Tried by the first Middlesex Jury, before Mr. Justice WILLES.
18. MARY SHINGLEWOOD , was indicted, for feloniously stealing upon the 20th of October last, twenty two pieces of gold coin called guineas, value 23 l. 2 s. and one other piece of gold coin, called an half guinea, of the value of 10 s. the goods of THOMAS TODD , privately in the house of William Rounds .
What have you to say against the prisoner? - Sir, I had twenty three guineas in a white neckcloth, I changed one, then I had twenty two guineas and a half, and the silver I put in my pocket.
Where was the neckcloth when you lost it? - It was in a private lodging.
Where was this neckcloth that contained the money? - The neckcloth was in my breeches pocket.
When did you lose it? I forgot the night, a month ago or better.
When did you go to this house? - My lord, I was a little in liquor, or I should have done no such thing. I had been receiving this money. I was in liquor, and this woman begged of me for a halfpenny. I met with her just by Westminster abbey wall. I was coming towards home, it might be eight or nine o'clock in the evening, then I went to a public-house.
You met this woman just by Westminster-abbey, what passed? - She begged of me for a halfpenny, and I went to a public-house to give her some beer. I went to a common lodging-house, she got me along with her, the constable can tell you the name.
What happened after you went to bed? - The breeches was pulled from underneath my head, from underneath my pillow.
Who pulled them? - The money was stopped in this woman's hand upon the stairs.
Did you see her pull them from underneath your head? - I found them gone.
Did you fall asleep? - No.
When did you miss them? - It was not above three minutes. She went to buy a halfpenny candle, there was no light in the room.
Did she go to bed with you? - Yes; she got up again when I had been about three minutes in bed She went out of the room, and then I missed my breeches that minute, I called watch directly, the watch came up and the white neck-cloth was untied, and there was only nineteen and a half remaining in the neckcloth. Then they took her away to the round house.
Where was the woman when the watch came? - The woman was up in the room.
Did you see her stopped upon the stairs? - I did not; another lodger stopped her that lodged in the house.
Did you go away immediately? - Yes; when the constable came to take her to the watch-house.
Did you follow her down stairs? - I did not; the money was brought up to me in the room, another woman that lodged in the house brought up the money, there was only nineteen guineas and a half remaining out of twenty two.
What is the name of that woman? - Poll Flanders her name is, she is living now in the work-house. Upon this, the woman was taken to the watch-house and searched, and no more money found upon her.
What are you? - A brewer's servant.
Do you know the neckcloth was in your breeches when you put them under your head? - Yes.
When had you seen it? - I looked at it when I went to change a guinea, that was at the public house. I found my money right. I put twenty two guineas in the neckcloth, and the silver loose into a leather pocket.
Was you sober? - No; or I would not have been there.
Do you remember what you did yourself, or remember it afterwards? - I remember it very well, my lord.
I am one of the constables. Upon Monday night, the 29th of October last, it was my night at the watch-house; between one and two the prisoner at the bar, was brought in by the watchman, charged with robbing Thomas Todd .
What did she say to the charge? - She said she was innocent when first she came in, and denied it in the watch-house, before the justice she owned it; there was nineteen guineas and a half brought to me into the watch-house by one Mary Dell , a woman that carries out meat in the market. The prisoner was searched and nothing found upon her.
What did she say the next day at the justice's? - The justice committed them both, the woman that brought the money to the watch-house, that found it upon the stairs, and the woman that stole the money, she goes by the name of Flanders, and another name.
Did it appear doubtful who took the money? - She did not own she did the robbery, the justice asked who she said that woman there perhaps, the prisoner accused the other woman, and the other woman accused her.
Was Todd there? - Yes; he said he was robbed by the prisoner at the bar.
How came this other woman to be charged? - She had been drinking with them before, and she was in the room with them when they went up that night, she lodged in the house.
Did you understand at the justice's, she
That was the account Todd gave at the justice's? - Yes.
Did he say they all went to bed together? - No; he did not say the market woman offered to go to bed at all, the market woman stopped the other.
What became of the market woman when they went to bed, did he tell you that? - No.
To Todd. How came you not to say any thing of this other woman being in the room with you? - She was up in the room, but she did not come to bed, the light went out, the market woman went down stairs, and in about two minutes this woman, that is here now, went down stairs, and had the money, the other woman took it from her; she brought it in her hand.
You do not know who she took it from? - The prisoner, I suppose.
Did you feel your breeches taken out? - I felt them taken; I called out directly.
Had you no hands to lay hold of her? - Before I could get out of bed she was gone.
Had you not hands to stop them, if you felt them? - They were snatched in a moment; she was half-way down stairs, and then stopped.
Upon your oath you felt them taken away? - I felt them go, and called watch.
Now you say you felt them taken, before you said you missed them? - I felt them pulled away from underneath the pillow; snatched out underneath my head.
The room was then dark? - Yes.
You did not follow the woman? - No; I was naked; I did not follow her down stairs.
Were you so much in liquor you could not follow her? - No; I was not so much as that.
To Forward. Did this man come to the watch-house? - Yes.
In what condition was he? - He seemed to be muddled, but gave pretty reasonable answers; he said he had been robbed of twenty-three guineas; and said, after he recollected, he had changed one guinea.
Did he say when the other woman left the room? - No; but I understood they had both been in the room.
Said he heard the prisoner say, it was Todd's money, as they were going to the justices, and mentioned all the circumstances of drinking with her, at Pilbury's, the Coach and Horses, the corner of Dean's Yard, who refused to change his guinea; and that they went to another house, and drank pretty freely of gin; and going to the Ambury to sleep, and the market woman Moll Flanders going with them into the room, and owning that he was robbed, and that before the justice she said, she was innocent, and knowed nothing of the matter but before that, she told the Moll Flanders shewed them this most infamous house.
I came up to London that same night, out of the country; I was very much distressed; my husband was gone abroad; I met the man in the street; I asked him the way to Westminster-bridge; he asked me to go with him; I went with him; he gave me part of four pints of beer, and bread and cheese, and asked me to be concerned with him; I told him I was not a woman of that sort; I was much distressed; we went to another public-house, and this woman was in the house; the man seemed to know him, and as he was coming into the street, he said, he would pay any thing for a lodging for me, rather than I should be distressed; he asked her for a lodging-house; a woman in the street told us of one; he said he would go with her; he went into the Coach and Horses; they could not change a guinea; he took his handkerchief from his neck, and pawned it for his money till the morning; he said he would get change; we all got glasses of gin apiece; I never was in the house before; I thought it was a house for lodging for poor travellers; I was inticed by this woman; she went up stairs with us, and she never stirred from the bed; she got up knowing the man, and covered his back
Court. You say, when the watchmen searched they found the money in his breeches pockets? - Yes.
Tried by the Second Middlesex Jury, before Mr. RECORDER.
20. MARY WATSON was indicted for feloniously stealing, upon the third day of October , one stuff curtain, value one shilling; one copper saucepan, value one shilling; one copper tea-kettle, value one shilling; one flat iron, value six-pence, the goods and chattles of Thomas Spikes ; the said goods and chattles being in a lodging room; let by contract to be used by her, by the said Thomas Spikes against the form of the statute.
There was likewise another indictment against her for feloniously stealing, upon the 4th of October , one pair of linen sheets, value two shillings, the goods of Thomas Spikes ; the goods being in a lodging house and room; let by contract to her, by the said Thomas Spikes .
(The prisoner was tried upon the first indictment.)
My husband's name is Thomas.
What have you to say? - I let her the ready furnished lodging.
When? - I don't know the day of the day of the month; she had been in them three weeks; I gave her some work to do a fortnight before; she had it, and did not return it, and I asked her what was become of it; she said she had pawned it; she is a mantua-maker; I went to seek further into the room, and the goods were gone.
Did you lose any thing else? - I lost most part of the property out of the room; an officer was fetched about this being pawned; he went up stairs, and found the things entirely gone out of the room where she lodged.
What things? - There was a pair of blankets; the pawn-broker has returned them.
What else? - One pair of sheets.
Court. That is not in this indictment?
Clerk of the Arraigns. There are two indictments.
Court. Why were there two indictments drawn upon the precise same offence?
Clerk of the Arraigns. The offence was repeated upon two different days; the one on the third, the other the fourth.
Court. Confine yourself to what is in this indictment.
Witness. One window curtain.
Any thing else? - One copper saucepan, one copper tea-kettle, and one flat iron.
Do you know from your own knowledge all those things had been in her lodgings? - Yes.
When did you see those things? - I had not been in the room some time, before she was taken up and carried to the Round-house.
When was she taken up? - The same night.
You have not told us when it was.
In this case you must fix the day, for there are two indictments upon separate days, the days become material. You can't fix the day? - No, the officer can.
Were they found again? - Not till brought to the justice's the Saturday.
Who were they brought by? - By the pawn-brokers.
Were you present? - She gave an account where the things were, and what they laid for.
Before she gave that account, was any thing said to induce her to confess, that it
Did she say any thing before that was mentioned? - No.
All you know, except from her confession is, these things were missing from her lodgings? - Yes; she was not gone out of the house.
What are you? - A pawn-broker.
Have you brought the things? - Yes; a copper saucepan, a copper kettle, a flat-iron, and a curtain; I took them in of the prisoner at the bar at different times.
You must specify the times? - I took in the saucepan the 3d. of October, and the kettle the 15th, the curtain and flat-iron another person took in.
What is the value of the things you took in yourself? - The things are valued at 2 s. in the indictment that I took in.
Are they of that value? - They are worth more than that.
Are you sure it was of the prisoner you took those things? - Yes; I am very certain of it.
Whose did she say they were when she pawned them? - She said they were her own.
Did you know her before? - Yes, she has frequently pledged them at our house.
What did you lend upon them? - I lent 2 s. 3 d. upon them.
Have you no doubt it was the prisoner here who brought them? - No.
I would have got all the things the next day. I had no work to do. I told her she should have all the things upon Saturday. As they took me up on Saturday night, I had not time to take them out of pawn, or I should have returned them to her.
Court. This is an indictment for stealing several articles mentioned in the indictment to be of small value, about 3 s. 6 d. stealing in her lodging room let to her by Thomas Spikes ; and this offence is made felony by a particular act of parliament. It was doubted before at common law whether it was more than a breach of trust, because of the things being lent to a person, and they lawfully in possession, but to prevent this mischief of people stripping ready furnished lodgings, this act made it felony. - The question is, whether she took them out of the lodging with an intent to purloin or steal them.
I live in Brook-street, Grosvenor-square.
What did you lose? - I have several houses in a place called Bowl-yard, St. Giles's , I was informed by a tenant there had been some boys discovered had stole some pipe that went through the house from the street to the yard, which I suppose might be 30 or 40 feet; upon which this man apprehended them, and the consequence was, that one of the accomplices confessed the whole.
In the first place you had 30 or 40 feet of pipe? - Upwards of 30 feet went through the house to the back yard, that was taken away, which I never found again. I don't know the parties that took it, any more than from the evidence of an accomplice.
James Cherrick , a little boy, was called, but the court told the jury to acquit the prisoner, as there was only the evidence of a single accomplice offered, without any other evidence to support the charge.
19. WINIFRED M'GOWEN was indicted for stealing, upon the 29th of October last, a pair of silver shoe-buckle, value ten shillings; and a pair of stuff shoes; value one shilling , the goods of Susannah Martin , spinster .
I live in Dartmouth-street, Westminster ; my mother keeps a butcher's shop; the 29th of October I went out to see a person; about ten o'clock I came home, and my shoes hurt my feet, and I took my silver buckles from my shoes, and put on an old pair, and I laid them down in a chair, or a cupboard, where there is no lock, in a little parlour, where we write; I was very uneasy when I found I had lost my buckles, and could not find them any where; I did not miss them till Tuesday morning. Upon Monday night I pulled them off. Upon Tuesday morning I missed them, and I challenged our boy that had been with us four days, the boy said he knew nothing of them, I gave them up for lost. A gentleman came to me from Covent-garden, and said they were advertised. Upon Thursday I saw the buckles, and I knew them to be mine, I saw them at the office in Litchfield-street. I don't know as I ever saw the prisoner about the house before, in my life.
Mr. Bond, a constable, produces the buckles.
How did you come by them? - This woman came to the shop of my next door neighbour. I keep a cloath's shop. I am by trade a taylor.
When did she come to the shop? - Tuesday; the day after this lady lost them. I think it was the 30th of October.
What is your next door neighbour? - She deals in womens cloaths, she called me to look at them, the prisoner offered those buckles to sell to that woman, I came and looked at them, and she asked my opinion, I said my opinion is, they are stolen, I would not have you buy them, you will get yourself in trouble; I dare say she has not come honestly by them, I dare say they cost thirty shillings; the woman flew at me and collared me, which gave me reason to think her a bad woman. I sent for a constable, we took her to Litchfield-street, and had her examined.
Are you sure that is the woman? - I do think it is. I am very certain. The justice advertised them immediately after he had committed her.
I know them to be mine, they are large buckles, they hurt my feet, and cut my shoes into holes, and here is a mark like a scratch, which I put upon them within side.
I am a constable, I was coming by at the same time, I heard an uproar and noise at this shop, I steps up to see what it was, the woman had been pulling and collaring him. I asked what was the matter, he said here is a pair of buckles stolen. I said I will take her up if you will give charge of her. I took her up to Litchfield-street.
Is it the same woman? - Yes.
I got the buckles from a brother-in-law of mine at Sheerness.
Is he here? - No; he is at sea.
Have you any witnesses? - No; I have not, I got them from a brother-in-law of mine, that is where I got them.
Constable. She told me she bought them at Sheerness.
How many? - Eleven.
How long had it been in the barn? - A week or better. It was taken away on the 31st of October.
How long before that time did you see it? - I saw it the night before. I found it at Smith's the day following, the first day of September. I gave the key to Smith in the morning to go into the barn, he came back immediately and told me the wheat was gone. I went immediately to see how much was gone. I went to the barn to look, and I found gone five quarters, three bushels taken away in sacks, in a cart. I sent the men after it to seek it and follow the cart, as far as they could find any track of it. I was not along with it, they went to find it.
Did you know any thing of this man before? - No; I cannot say I ever saw him before. I saw him turn from the gate belonging to the farm yard, the Wednesday before the robbery.
I am a labouring man, I work for Mr. Fullagar, that lives at Higham-hill near Walthamstow. I worked at thrashing in the barn. I saw this man on Friday before the wheat was taken away. We missed it on the Wednesday morning, and I saw him the Friday before. He came to the barn and asked for a job of work. I locked the door at six at night. The night before it was missing, and at six in the morning, I said before we opened the door, there has somebody been at the lock, there is an iron thing that goes before the lock to keep the rain out, I found that had been moved after the time I locked it.
What did you miss when you went into the barn? - The sacks of corn were gone, five quarters three bushels of wheat in eleven sacks. I came and told the gardener Wynn, and Thomas Tavernor . I asked if they had been at the barn in the night, they said not, I told them the sacks were gone, the wheat was gone. We did not look to see how much was missing at the time, but we went to look after it. We followed by the track of the straw, and when we could not find that, we went by the track of one wheel that had some remarkableWilliam Smith 's house at Stepney. When we came there we saw the cart, it looked like the same cart, and we looked round and found some straw at Smith's stable door. I went into the stable, and there I found one of the horses that helped to bring my master's wheat along, all in a sweat.
What else did you find? - My master's property, in a place called the Wash-house.
How much did you find there? - Five quarters three bushels, in eleven sacks.
How far is this from your master's? - Pretty near seven miles.
Did you examine the? - Yes; I saw Mr. Chambers's name upon some, and Mr. Harris's name upon some.
Do you know them to be the same sacks that were in the barn the night before? - Yes.
The sacks were in court, the evidence looked at two, and said, this is Harris's sack, at Walthamstow, and here is one marked with Mr. Chamber's mark.
When you found the sacks, and knew them to contain your master's property what did you do? - We went and called for a pot or a pint of beer, and Tavernor desired us to look round the house, to see nothing should be carried away, while he went for a constable, we found Thomas Wells in Smith's house, my partner went up stairs along with the constable; and found him in bed.
Does Smith keep the public house? - Yes.
Was you present when Wells said any thing about the wheat? - No.
James Glendon . I am a constable; I was fetched by Tavernor to Smith's house; when I came there (Tavernor went with me) upon the left hand there was a little wash house, and there was some sacks of wheat there, he said, that is my master's property; I said are you sure? Yes, says he, I know it by the sacks, and likewise by the corn; I said then, it is all very well; I went to Mrs. Smith's and asked if he was at home; she said no; I said my business is particular; he is abed, may be she said now; I waited some time, and desired Mr. Fullagar's servant to go round the house, and take care nobody should go away; presently one came, and said he saw a man looking out of window; I went up, and found this Thomas Wells ; it appeared he was dressing himself, and just got out of bed; I took him, and brought him down stairs, I asked both Mr. and Mrs. Smith whether there were any body else in the house; he said, the man they knew nothing at all of, but he begged to leave it there; I said to Mr. Smith, you did wrong to deny that you had a man in the house; then he said, that was the man that brought them there, and did not deny it when he was asked.
Were any offer made him to make him confess? - No; believe I was half an hour in the house before I went up stairs; I had sent Tavernor for a search warrant, and we found him before Tavernor returned with the warrant.
Court to Prisoner. This witness, says he, found you in bed there, and when Smith said you was the person that brought the wheat there, you freely acknowledged it; have you any question to ask him?
Please your lordship, I never had a sack upon my back in my life, nor never took the wheat into the house.
I am a watchman at Walthamstow; I saw this man, the 21st of October, went by me at half past one; he asked me what o'clock it was; I said that he might hear, for I had just cried the hour, about twenty yards from the corner; Wells came round the corner.
It was not Wells you first saw? - No; it was one Larne; I was going to ask him to give me some straw to put in my box, to keep my feet warm; the cart was covered with straw, and loaded; I went to my partner, and said to my partner, there is a cart gone by loaded very heavy; aye, says he, I heard it grind very heavy.
Are you sure that is one of the men? - Yes; I am very sure he is one.
Witness. I am sure it was him; it was half past one in the morning, and the moon shone as bright as day.
Now did you see any cart? - I was crying the hour at five o'clock in the morning; I saw the house open; I called for a penny worth of purl; there was a cart standing at the door loaded; there was two men upon the cart; what loaded with I can't tell; there were sacks in the cart, and full.
Did you know one of the men that was there? - I knowed one of the men; I went back for my purl; I saw two men stand upon the cart; I knew one man by his dress.
Do you know that man? - No.
Do you know Lardner? - Yes; very well; I did not take notice of this man.
I keep a public house at Poplar.
You saw this man the 31st of October? - Yes; about six o'clock in the evening, both were there, Lardner and the prisoner; they wanted to sell some wheat; I did not see them after, till I saw them at the Rotation office.
Did they shew you any wheat? - No, my lord.
Mrs. STONE sworn.
You are wife to the last witness, I believe? - Yes.
Do you remember seeing this man in October? - Yes, Sir; and Lardner.
When did you see them? - Upon Monday evening, the 29th of October, and Wednesday morning, the 31st of October, afterwards about four o'clock in the morning; I did not speak to this man.
What had Lardner with him? - He had nothing at all with him; there was nobody else with him then, but a little while after, talking with him at the door, another person came up with a cart.
Who was that other person? - I really can't say; it was not very light, nor very dark; I can't be positive.
What said Lardner? - He asked where my husband was; he said he had got something in the cart for my husband; and I said my husband would have nothing to do with him.
Tell us where you spent the evening, the 31st of October? - Thomas Wells told me in the afternoon he had a parcel of wheat, if I would go along with him; accordingly I went along with him to Walthamstow; we took a cart and horses, and went to Walthamstow, where we loaded eleven sacks of corn.
Where did you go at Walthamstow? - I went to a barn, but I can't say the place; to a barn, no house nigh it; we drawed the staple of the door.
When you had eleven sacks in the cart, what did you do with it? - We came away, and went round by Poplar; by Bromley and Poplar. When I came to Poplar, I called Mrs. Stone up, and asked where her husband was; she said he was abed.
Where was Wells at that time? - With the cart.
Where from thence did you go? - After that I went to Mr. Smith, and told him what we got, and if he was agreeable to take it in; he was, and he got a light, and took it in.
Where was this wheat left? - In the wash-house.
What became of Wells? - I can't tell; I left him there.
Please your lordship, the sacks he is talking of, I never carried one of them into the house in my life.
Court. Have you any witnesses to call? - There was some, but they staid so long they are gone.William Smith is indicted for receiving them, knowing them to be stole, but he is not in custody.
How long have you known the prisoner? - About six months, or thereabouts; I worked with him three months; I never knew any thing dishonest of him.
GUILTY . To be confined to hard labour, in raising sand and gravel on the River Thames, for two years .
24. LUKE HUGHES was indicted for stealing, on the 29th of October last, a metal watch, gilt, value twenty shillings; one chain, value sixpence, with several seals to it , the goods of Edward Collins .
I live in Great Marlborough-street, Carnaby Market; I lost a watch, a base metal watch, gilt; a base metal chain, gilt; two stone seals set in gold; a white cornelian seal; a red cornelian stone seal, set in base metal. On the 29th of October last, as I was standing at the corner of Catherine-street, in the Strand , viewing a man in the pillory, the prisoner at the bar was standing by me; I felt him take my watch out of my fob; he had the watch in his hand; I laid hold of him, and saw him give the watch away to his accomplice; I never let go his collar till I conveyed him to the hands of a constable, who conveyed him to Bow-street; I never got my watch again. I am positively certain I saw the watch in the prisoner's hand.
You did not mistake, in the crowd, one man for another? - No; I never saw the prisoner at the bar before that day, nor since till now.
Was not there many persons round you, when you lost this watch? - A great many close to me, rather pressed upon me; there was a great crowd observing the man in the pillory. I know it was him by his drawing it out of my fob.
You felt some man without any certainty of knowing it was the prisoner? - I felt him drawing my watch out of my fob. I saw it was his hand.
You are sure that is the man that had it? - Yes; he gave it to a man in a dark grey, or blue coat. There was a woman that stood by me; I happened to turn my head; the woman had her hand in my pocket; I asked what business she had to have her hand in my pocket; Sir, said she, I ask your pardon, I meant no offence; I felt her hand afterwards in my pocket, attempting to take a small book out; I reported her to the mob; they gave her a little abuse, and she went away; this was before I lost my watch; at that time the chain was hanging out; I put the chain in my breeches pocket, and buttoned my coat down to the last button. The prisoner at the bar was standing by me, and took it, as I imagine, by the chain several tugs; the first the seals came out of my pocket; the next tug the watch; I instantly took him.
I was at the pillory the day the young man mentions; I heard the cry of pickpocket; I took the prisoner into custody, and wentwith him to Bow-street, there he was searched, he had nothing found upon him.
I leave it to my counsel.
John May was called for the Prisoner. Deposed he was close to the gentleman at the time he spoke of; that he said some gentleman has got my watch; that some person near made answer it can be no gentleman that has got your watch; that the gentleman rushed forward, and said one of those
The Prisoner called no witnesses to his character. Said there is one circumstance, I have been informed, might avail something; I would be very sorry to mention it, if it would affect me in the mind of any person; I was told the fact. I am indicted for was in the parish of St. Mary le Strand, and I am indicted in St. Clement's Danes.
Jury to the Prisoner. What business are you? - A taylor.
What account do you give of yourself? - I have been in the country for some time past, and very lately come to London; I know nothing about this watch; I never had it in my possession.
25. ANN ADAMS was indicted for stealing, upon the 19th of November , one cloth coat, value six shillings; one linen shirt, value two shillings; one linen stock, value sixpence; one linen checque apron, value sixpence; and one linen shift, value one shilling, the goods of William Shirley .
Deposed, that on the 19th of November last, he lost all the things mentioned in the indictment, out of his lodging; that a neighbouring woman took them from her. I had my things again; one Elizabeth Wiseman took the things from her.
Deposed she saw the prisoner come out of Mr. Johnson's house, which was let out in lodgings, between three and four in the afternoon, on the 19th of November, with a bundle under her left arm. Mrs. Johnson came to the door, and said, she thought she had stole something; that she (the witness) saw the woman look back, when she was in the street; went after her, and watched her; that she ran down Queen-street, and overtook her; that the prisoner then saw her, and ran into Haberdasher's Passage, and there took hold of her. The prisoner bid her take the things, which she did not, but took her back to Johnson's, where she laid the things on the counter; that the prisoner did not tell her how she come by them.
Mrs. JOHNSON sworn.
Deposed she saw the woman come into the house, and go up stairs; that she asked where she had been; she told her up two pair of stairs, that she asked her if she had been to Mrs. Knight's; the prisoner said yes. When she was gone out she told Mrs. Wiseman she thought the prisoner had been stealing something, who went after her, and brought her in, in two or three minutes; that the prisoner put down the bundle upon the counter.
Mr. Shirley called again. When were these things delivered to you? - Upon the same day, the 19th.
Where were they taken from? - My room.
Prisoner. The key I had in my pocket belonging to my lodgings.
Mr. Banks deposed the lock was pushed back by the help of a key, and the piece of stick found upon her; he produced the key and the piece of wood.
Devisme deposed farther; he searched her, on the 19th of November, in the afternoon, between four and five, and found in one pocket three keys, and while I was searching the one pocket, she took this key out of the other pocket, and hid it under her cloak; I took it out of her hand.
Mr. Banks deposed farther; when this key was taken from the prisoner, they went up and tried it, and with the help of the piece of wood they could unlock the door.
Sir, that key belongs to a lodging I have had these twelve months.
(No witnesses appeared to her character.)
GUILTY. 10 d .
To be privately whipped, and discharged .
Tried by the Second Middlesex Jury, before Mr. Justice WILLES.
THOMAS WILD and THOMAS BANNER were indicted for stealing on the 23d of November last, a parcel of pears, called card-cleck pears, value 3 s. against the statute, the goods of Robert Mills .
The prosecutor deposed, he had lost about two bushel of pears, he had great reason to believe it was the prisoners, by what he had heard amongst the workfolks.
Tried by the Second Middlesex Jury before Mr. RECORDER.
The Prosecutor being sworn, deposed: That he had a suspicion some people got into his house in his absence, in church time, and he concealed himself in the fore part of the shop, at a small desk there; his servant (Wynn) came down with a lighted candle; the back part of his shop was glazed, and she tried the lock of the door that goes from the parlour into the shop, and found it fast. The shop parts off with sliding-shutters. She came round with a candle to see if any body was there, and opened the compting-house door to see if any body was there; he did not see her go in there but heard the door open; she went to the street door and opened it, and the other prisoner at the bar came in, he saw them through the crevice of the sliding shutters pass along, they went through the yard backwards, came to the back stairs and rubbed their shoes, this was near ten, they staid till near twelve; they came down stairs then, and I heard them pulling down some paper bags that were hanging over a butt of currants that were in the shop; he heard them begin to fill the currants into the bags, and there was a sheet of paper in the way, and what fell over rapped upon the sheet of paper, which he heard very plain. That something of a sudden made a great noise, and they went to the street door which they locked and bolted, what disturbed them he did not know; they came back and began at the currants in the same manner as before, and the same noise came against the shutters again, and he immediately then went to open the door to go out, he was frightened; that he (the prosecutor) immediately run and opened the sliding shutter door and took him within two doors of his own house, and brought him back; that his maid asked him to come in the afternoon again, as he was going out, I did not hear him make any answer; he rather wrestled with him a little, but some gentlemen coming by he desired their assistance, one of them went with him and the man into the shop, upon examining the prisoner, who had two or three coats on, every one of the pockets were filled with something or other of the provisions of the house. That he found the currants upon him in his apron, upwards of three pounds; the girl was with him all the time of taking the currants.
Robert Hooper deposed, he was coming by on Sunday was three weeks, and Mr. Smith desired he would assist him to take the prisoner; they brought him back and took the currants from him, and the other things from his pockets, such as bread, and different kinds of provisions.
W. VAUGHAN's DEFENCE.
I went to take this young woman my niece her cap, she asked me to come up stairs, which I did; she said she was very busy, and asked if I would light the dining room fire for her, which I did, she said she was to have some company and should not have time herself; she gave me some bread and some dripping, and the brown paper bag, and a gown which she had to be taken to be mended.
HANNAH WYNN 's DEFENCE.
I am very sorry for what I have done, I went to get a sheet of paper to light the dining room fire, and took this bag down from a place over these currants.
Court to Smith. How long has the witness lived with you, Mr. Smith? - Near three months, we had those suspicions which caused me to conceal myself.
Was there any thing of value they might have taken? - Undoubtedly, as in every body's house almost, there was plate and things of value laying about.
BOTH GUILTY .
Both received the same sentence to be privately whipped and discharged .
Tried by the London Jury before Mr. RECORDER.
30. JOHN SIMMONDS was indicted for stealing on the 17th of August last, certain promissory notes of the Bank of England, to the value of 75 l. from Adam Callow , being his property, and being still due and unpaid to him the said Adam Callow .
Upon the 17th of August last, as I was coming over London-bridge I was accosted by a person whose name was Smith, he entered into a conversation with me, and asked me where I came from, I told him from Dartford, and he asked if I knew a Mr. Cook of Dartford, that he was a brother psalm finger of his, and he wanted some psalm books of the new version, and asked me if I would not carry that message to him, I told him I would; I said I would call upon him and tell him; he said if you will walk in here, that was the Swan, Fish-street-hill , I will give you a direction to Mr. Cook, he asked me what I would drink, I told him I did not care, at that instant came in West and Smith, and set down and said, gentlemen, I suppose you are agreeable to deal a hand of cards, I said not at all; he spoke to Simmonds, but what he said to him I hardly know; Simmonds said the person in black is a squire, he has had an uncle abroad that has left him 500 l. and he is spending it as fast as he can, and drinking plenty, and there is cutting the cards; he took all under five, and the gentleman all above five, and had lost a good deal of money; he asked him how his head was, he said, oh, very well; said the other, you have lost a good deal of money, said he, bring the cards and I will shew you how you lost it; West and Simmonds went and brought the cards, Smith consented, and they got the better of me, so that I got concerned in cutting the cards till I lost about nine or ten guineas; then West shuffled some cards into my hands, says he, take and put them into your pocket. West then asked me if I had got any notes, I gave no answer; directly Simmonds came in, West asked if he would play any more, he rather refused playing at cards, and said he would toss up for money. West said you should give some chance. I pulled out my notes, thinking to change a small note, and thinking to get some part of my money back again; with that Mr. West gave me his assistance, there was a 10 l. two 20 l. and a 25 l. and West told Simmonds to make the bet good for that sum. West took the notes up and handed them over to Simmonds, and told him to make the bets good for that sum. I was very much confused at that, and told them I did not mean any thing of that kind; West asked Smith if he would be concerned, Smith had a note and West had another, I believe, I rather think they were not bank notes; it was handed over to the prisoner,
Upon his Cross-Examination
It came out that he was to have all above five, and the other all under five. That there was a secret in it, and the cards were made of different lengths, in order to defraud people of their property. And it appeared he had been tricked out of his notes by a gang of sharpers, upon a pretence of this Squire, as they called Smith, having money left him. That he had not told the master of the house of it that he had been robbed; that he was ashamed of having lost it as he had in that company. That he had seen Smith since, but did not offer to take him him up. He owned that he took twenty-eight guineas of them, Mr. Prothero and one Swift, said they would get him 50 l. upon condition he would give them 10 l. He owned he had been sharped out of his money, and told Prothero he had been tricked out of it. That he gave a receipt for 29 l. 8 s. that a person got for him; the receipt was August 8, 1781, received of John Shepherd 28 guineas in full, for Smith and Company and all demands, signed Adam Callow . That he supposed they meant by Smith and Company, Smith, West, and Simmonds.
There being no farther evidence produced on the part of the prosecution,
Mr. Recorder directed the Jury to acquit the prisoner.
The prisoner was reprimanded by the court.
31. THOMAS COX was indicted for feloniously, and burglariously breaking and entering the dwelling-house of John Goad , on the 18th of November , about the hour of six in the night, and stealing therein ten pieces of linen cloth, containing 230 yards, of the value of 15 l. the goods of the said John Goad .
The shop is part of the house, is it? - Yes.
Are there any rooms over the shop? - Yes.
What time was you in the shop? - About five o'clock.
Was it dark then? - Yes.
When was it you first discovered that the shop was broke open? - About half past five o'clock. I went out at five and left the house safe. It was dark when I went out at five.
What time did you return back again? - In about half an hour.
What condition did you find the shop in then? - I saw a light in the shop through the back door in the window.
Did you go into the shop, what did you do on seeing the light? - I saw a man with
Did you go into the shop? - I knocked at the door with my hand.
Is that door communicate to the house? - Yes; I saw two men make their appearance just by the chest after I knocked.
Was the prisoner one? - Yes; they all made towards the front door, the man with a candle in his hand first, the others afterwards.
Was the front door open? - It was shut when I passed it.
They all made towards the front door, how many were there? - Three in all.
Did you observe who they were? - I could not tell who they were.
When you came to examine, was there any thing taken away? - Yes, ten pieces of linen.
How many yards? - 240 yards or thereabouts.
They all ran out at the front door? - Yes, I saw one man come out first, and the prisoner afterwards, who I seized by the collar, as he was coming down the step.
Was there any thing found upon him? - I heard something drop. The third man came out just afterwards; the prisoner was the second man; the first that came out returned, and endeavoured to rescue the prisoner; he that came out last began a beating me, and struct me several blows on the back of the neck, on which I halloed thieves, thieves, as loud as I could, no body came to my assistance 'till after I had got about fifteen yards from the door where I took him; the people then began to be alarmed and crossed the way to come to my assistance; on which the other two made off.
Had you hold of the prisoner all the time? - I held him by the collar all the time with both my hands.
Did you find any thing that was dropped? - I found a bag full of linen laying at the step of the door.
What did you do with the prisoner after you got him? - I took him into the shop, alarmed the family, and called the servant maid to come to the door to pull in the linen that lay on the step.
When she pulled the linen into the shop you shut-to the door, with the prisoner and several others on the spot? - Yes.
Did you examine the door to see if it was broke open? - The shop door was standing wide open when I came home.
I want to know if it was broke open? - I believe the back door was broke open; it had a spring lock.
How many doors are there to the shop? - There are two doors.
I want to know whether they might not get in by the doors being open? - The door had been opened during the day time, and is generally left upon the latch.
Was the front door fastened? - Yes.
How do you imagine they got in? - We imagine they got in at the back door, because there is a spring lock and a key-hole.
Was the back door fast? - Yes.
How many doors are there to the shop? - Two.
A front door and a back door? - Yes.
Was either of them broke open? - No.
As you were there at five, did you examine whether both the doors were fast? - I did, I opened the front door myself, and let myself out. It was fast and bolted, and the servant maid came and shut me out.
I want to know whether the back door was fast? - It was on a spring lock; it might be opened by a false key.
This house is the corner of Little St. Helens? - Yes.
One door opens into St. Helens, and the other into a gateway? - Yes.
When the people were alarmed, you were at the back door? - Yes.
The prisoners were alarmed by a knocking at the back door? - Yes.
And immediately made towards the front door? - Yes; the man with a candle in his hand first, and the other two afterwards.
That was the shortest and most expeditious way? - They were pretty quick.
The back door shuts with a spring lock, and you suppose that is the way they got in? - Yes.
And this man was taken just by the door way? - Yes.
It was all done in a hurry? - Yes.
What did the prisoner say? - That he was coming by, and somebody shoved him in.
He said, he was an hospital patient, and very sick and ill, did not he say so? - I don't know that.
He has a complaint in his arm, which he shewed when the officer ordered him to strip himself; his arm is wasted, is it not? - It seems to be so.
You found it to be so; did not you? - I never made any enquiry.
You are a servant to Mr. Goad? - Yes, Sir.
In what capacity? - All work.
Do you remember being called upon, on the 18th of November, by Jackson to come into the shop? - Yes.
Was he come into the shop then, or on the outside? - He was on the outside.
What did he desire you to do about a piece of linen? - He desired me to pull it into the shop; he brought the prisoner in afterwards, and shut the door after him; I fastened both the doors.
At the time the man was pulled in, was the back door fastened? - Yes.
What became of the piece of linen? - It is in court.
Are you sure you fastened both the doors, when Jackson went out at five? - Yes; I went down at four to take in some milk; I fastened the back door, and no person went out after that.
Did you go out yourself? - No.
How does this shop communicate with the house? - The house and shop is altogether; the back door goes into Little St. Helens, and the front door into the street.
Is there a passage; how do you go from the house to the shop? - You go down stairs.
How does the shop join to the house? - The shop is over the dining-room; You then go down a staircase into the shop.
When you took the milk in, you shut the door as usual, and went up stairs? - Yes.
You did not bolt it any further than the spring lock as usual? - No.
After you were up stairs the alarm was given? - Yes.
You are very sure you left the door fast? - I am certain of it.
You are very certain, and very positive, that you shut it in the usual way; what have you to bring to mind, that the spring caught that night? - I am very certain I pushed the spring; I am certain it was fast.
You did not take any more care than usual? - I had no reason to suspect any thing.
What other servants were in the house besides you? - The housekeeper only.
Was she at home? - Yes.
Where is it? - Here.
(Produces it sealed up.)
Who sealed it up? - One Godfrey, a constable, it was sealed up before my lord mayor.
Was you at my lord mayor's? - Yes.
What day? - November 18th, about half past five.
Was Godfrey there? - Yes.
Was the bundle of linen opened? - It was.
Was it sealed? - Yes; and I think the letters were W. E. before it was broke open.
What things did you find there? - Ten pieces of Irish linen, the same as some others in the chest.
How many yards were the amount? - Two hundred and forty, and upwards.
Where has this linen been since? - It has been at Mr. Goad's house, by order of Alderman Hart; they were given to Mr. Goad, at the time Mr. Godfrey sealed them at the Mansion house.
How can you account for the possession
Court to Jackson. Can you tell what is become of the pieces? - They were put in our warehouse till the trial came on; it has been in our warehouse ever since.
Who brought it to the warehouse? - One Brickwood and Godfrey; they brought it in a coach from the Mansion House.
Who were they delivered to at the warehouse? - They were delivered to me.
What did you do with them? - I put them safe in a corner; locked up in a corner of the warehouse.
How long did they lay there? - From the 19th till this time.
They were locked in the warehouse with other goods continually from day to day? - Yes.
The warehouse is a place that is open every day? - Yes.
The warehouse is above the shop? - No; under the shop.
Then before such time as this bundle was carried to the justices, did you never open it to see the contents of it? - It was opened at no other time, but before the justice.
Now is it here sealed up? - It was here sealed up; it is just broke open.
Did you see Godfrey put his seal upon it; - Yes.
What is the seal? - I don't know.
Have not you examined exactly what the letters were? - I see Godfrey put his seal upon it; he borrowed some wax of the clerk on purpose to do it.
Did you see him put his seal upon it? - No; they called me out at the time into another room.
Did you observe the seal, what was it? - I can't recollect what the seal was.
Has it remained sealed ever since? - Just in the same manner as it was.
Can you swear to the prisoner, when you looked in at the door, do you recollect the prisoner's face? - I can't.
When you first saw the three men, was the prisoner one of them? - I did not see any of them afterwards.
Court. He has spoke to the prisoner looking in at the door, all he has spoke to is the man coming out.
(The bundle produced in court.)
To Jackson. Can you swear that the same seal is on it now as when it was delivered into the shop? - I can swear that.
How can you say that, when you say you don't know what the seal was; the seal may be broke open, and another put upon it? - I saw two dim letters, I could not observe what they were.
Were they the same letters as when brought here? - I could not tell exactly what they were.
I live at the Green Dragon; I am bookkeeper there; I heard Jackson call out thief, and I ran over the way; Jackson had the prisoner in his hand.
Did you go to the house? - I went over the way directly; Jackson had got the prisoner by the collar, and I saw him drag him into the house; I saw a bag of linen at the door; it laid on the stone step at the door; I went to Godfrey to fetch him to give charge; I went to the Mansion House with him; I searched this man.
Did you find any thing upon him? - No; I saw a bag of linen sealed up before the justice; I can't tell what the seal was; I saw Mr. Godfrey seal it; was carried to the Mansion House, and then put into the warehouse.
It is pretty heavy, I believe, do you think it possible for the prisoner to carry such a bundle as that? - They might carry it between them, I suppose; he is big enough.
You saw him, and that his arm is withered, and that he was in the hospital? - He said so.
You searched him and found nothing upon him? - The constable searched him; he did not find any thing upon him.
You are servant to Goad? - I am the
Do you know these Irish linens? - I do; they are his property; this is my mark; I marked them myself.
I was coming from the hospital, on Friday night; at half past three I went into Wells-street, and staid there till five; I returned from Wells-street to go to the hospital, and as I was coming by this house I was seized.
I am a nurse at St. Bartholomew's hospital.
Do you know this young man? - No farther than being a patient in the hospital; I never saw him before in my life; he staid there till Sunday was fortnight, and then he went out to get a clean shirt about half past three.
How long had he been a patient? - Seven weeks; he was not discharged till Wednesday.
What is the matter with him? - He has got a bad arm, very bad indeed.
Had he any other complaint besides his arm? - He could not lift his arm up to his head. It was a swelling in his arm; he could not lift it properly to his head when he wanted; he could not lift a quart pot up with his hand.
You are still a nurse? - Yes.
You belong to this hospital? - Yes.
How long? - Upwards of nine months.
Do you know the young man? - No other than by his being a patient there; I never saw him before; he came to be a patient almost nine weeks ago; he was in a very bad state of health; they were rubbing in mercurial ointment, for he had a swelling in his left arm.
How is his health besides? - Very bad; I never saw him to the contrary while he remained there.
Mr. WHITE sworn.
I live in Wells-street, Spital-square.
How far from Little St. Helens? - I don't know Little St. Helens hardly.
It is in Bishopsgate-street; it is not a great way.
Do you recollect the prisoner coming to see you last Sunday fortnight? - I do; it was pretty near five when he came; he asked me if I had heard from my son at Coventry; I told him I had; he said he could not stay, for that he must go back to the hospital.
What time was this? - About five o'clock when he left me; I can't say positively as to the time; he is a weaver; he has worked for our family, and he has worked for my son; he is a hard working young man, and at the same time he went to the hospital he was working for my son.
What is his character? - That of a very industrious hard working young man; I am certain to it.
GUILTY of the felony to 39 s. not guilty of the burglary .
To be confined to hard labour for twelve months in the house of correction .
Tried by the London Jury, before Mr. Justice WILLES.
I live in Black Lion Court, by the Rising Sun, in Tooley-street; I am a pedler by busines s; I travel the country with goods, stockings and handkerchiefs; on the 7th of November, as I was coming home, I went into the sign of the Iron Gate, in St. Catherine's ; I saw two gentlemen there, who desired to look at some handkerchiefs.
Who were the two gentlemen? - That is one, and that is the other.
Are you sure they were the two prisoners?
After you had shewn them the goods, and they did not agree to buy, you packed them up again, and then you missed one piece? - Yes.
You appeared confused? - Yes; I was confused on having lost the handkerchiefs.
Did you find the piece again? - The constable found them in the course of the night.
Did you take them up immediately? - Yes.
What did you do with them? - They were put into the watch-house.
Did you go with them to the watch-house? - Yes.
When did you see the handkerchiefs again? - I saw them next morning; my licence was taken from me as a security for the people being taken.
You did not see them take any thing? - No.
Were there many others there besides? - There were several people in the other boxes opposite.
Was there any body else in the same box with you? - No.
Did you while you were shewing the goods carry any into any other box, or suffer any body to take any into any other box? - No.
You opened them in that box only? - Yes.
From Prisoner Sharp. Did you see me go out of the House? - No.
Court. Were either of them searched in the public house? - There was one man put them down upon the table, and some of the company put their hands into his breeches.
Which of the prisoners was it? - Smoulter.
He was searched then, was any thing found upon him? - No.
Was Sharp searched? - No.
Was you at this public house? - No; an officer had got these two prisoners in custody; he sent me to the watch-house for the keys of the cage, and the handkuffs, to hand-kuff them. About two o'clock in the morning, as I was going my beat, they called to me; I went to them, and they asked me if I was worthy, I told them I was; Smoulter said, then if you are true and worthy I will tell you where these goods are.
Was there any body else in the cage besides them? - Nobody else.
On saying you was true and worthy, what answer did they make? - They said the goods were within five yards of the house where they took them.
Do you recollect which of them said that? - Smoulter; he told me I might go and sell the handkerchiefs, and make the most of them, and bring them some gin.
Was the other man by, did he hear this? - I handkuffed them both together.
Was the other asleep? - They both talked to me about it.
What did you do then? - I left the cage, and came to the officer at the watch-house, and desired him to take a walk with me to such a place.
Who was the officer? - Mr. Williams; we walked down by Mr. Messiter's brickwall, and just by a stone where they said they were, Williams picked them up.
From Prisoner Sharp. Which of the men asked you these questions?
I am an officer of the watch. About nine o'clock in the evening, a person came to my house, and told me that two men were stopped at the sign of the Iron Gate, for robbing Mr. Campbell; I went there, and saw these men in the house, detained by the people; I asked them for what? and Campbell said he had lost a piece of handkerchief.
How many? - I can't tell; a soldier was there, and he said, if any man has robbed him, it is that man in the white coat, - Smoulter.
You said some soldier told you? - Yes; he said if any body has robbed you, it must be the prisoner at the bar: he was immediately laid hold of, and he said, I'll give you half a crown if you'll let me go, and let any body else go with me, and you shall have the handkerchiefs again.
Who said so? - Smoulter; I said you shall do no such thing; you have sent for an officer to do justice, and I shall not come here to compound felony. I charged them in the King's name, and they were taken to the cage.
What became of them afterwards? - I don't know; they were sent to Bridewell, and brought back again on the 10th of November to be examined again. Justice Sherwood committed them.
After this conversation had passed at the cage, you went where the prisoners had directed? - Yes; I went with a candle and lanthorn up by the brick wall, by Mr. Messiter's wall I saw something lying, I thought it was a brick-bat; I touched it with my bludgeon, and found it was the handkerchiefs. Here they are, (producing them) they have been in my custody ever since.
To Campbell. Look at those handkerchiefs, are they your's? - Yes.
How do you know them to be your's? - They are the same pattern.
Will you swear them to be your's? - Yes; I do.
Was you at this public house? - Yes.
Were the two prisoners there? - Yes.
Did you see Campbell there? - I saw him come into the house with a bag; he asked the company whether they would buy any handkerchiefs; Sharp said, have you got any good ones; he said he had, and asked him if he intended to buy: he pulled a half-crown piece out of his pocket, and then he opened his pack, and while he was shewing a piece, Smoulter took a piece from underneath, and went out of the house; he staid about a minute and a half, and then returned. When he found he could not deal with them, he packed up his goods; I asked him whether he had not lost any thing, and looking two or three times over his goods, he said he had; I asked him what it was, and he said, a piece of handkerchief.
How many was there in number? - To the best of my knowledge there was three: I then said, that is the man that has took them.
Did you fix on Smoulter? - Yes.
From Prisoner Sharp. You did not see me meddle with any handkerchiefs, any further than offering the gentleman two shillings for them? - You offered two shillings, and he could not take the money, and at the same time you came to ask charity in the house.
I went to this house, and this man was there, which was the first time of my ever seeing Smoulter; one word began another, and we stopped to drink together; we staid there till about eight or nine, and then I was going home; this man came in, and we could not agree, and when he went out, the soldier swore I took the handkerchief, when I never saw the handkerchief in my life, nor any longer than just to offer him half a crown for it.
I had been at work on board an Indiaman all day; and coming home across Execution-Dock, I happened to call at this house about nine o'clock; I saw a hawker there,
(No witnesses were produced to their characters.)
SMOULTER GUILTY .
SHARP NOT GUILTY .
Tried by the First Middlesex Jury before Mr. BARON HOTHAM.
I live in Great Shire-lane; there is a way that comes from Little Shire-lane into Great Shire-lane into my house.
What house do you keep? - The Trumpet in Shire-lane . The prisoner happened to be in the passage, and he asked me if I could give him change for half a guinea; there was another with him: I told him, though he was a stranger to me, yet if I could oblige him I would: I put my hand in my pocket, and found silver enough to do it; he made a low bow, and said he was very much obliged to me, and that he would bring me three or four pounds worth of silver in return. The next day, they both came up to the bar, which is close to the passage, about twelve o'clock, and told me they had got a guinea's worth of silver for me, and they called for two glasses of brandy; I said I was very much obliged to them, and I pulled a guinea out of my purse to give them in the room of the silver; he makes answer, and says, it is a very good guinea, but I want a guinea of a particular date, and says, I'll be much obliged to you if you will let me look at some of them; I held out my hand, and he took out three or four, I can't be positive which; says he, they are all very good ones, but there is not one of that particular date I want; so he took one of them, and before I could get round from the bar to the tap-room, they were both gone, and I missed two guineas.
You missed two instead of one? - Yes.
How many had you altogether in your purse? - Eight guineas.
Are you sure of that? - Yes.
You had a guinea's worth of silver in the place of one guinea? - Yes.
When had you counted them? - About nine in the forenoon.
This was about twelve? - Yes.
Had you laid out no money between nine and then? - None out of the purse.
How came it in the purse? - Because I wanted to make up a sum of money.
Did you overtake the prisoner? - I went as far as Clare Market, but could see nothing of them, and was obliged to come back for other business.
How many guineas had you after they went away? - I had six guineas, and a guinea's worth of silver.
How soon did you see the prisoner afterwards? - The 3d of November at night, about six o'clock he came, and another man with him.
This was near three months afterwards? Yes.
Did you never see him till then? - Never, to the best of my knowledge: I was not in the bar when they came; they called for two glasses of brandy, and wanted change as usual; my wife was in the bar, and she having sore eyes, and a handkerchief round her head, she called me to look at the guinea; I said it was a very good one, and observing some face I thought I had a knowledge of, I put the guinea in my pocket, I said it was a very good one, and goes round to get a candle; with that I
Are you sure the man you stopped on the 3d of November, was the same man that was with you in August? - I think I may be sure he is the same man.
Can you swear positively that he is the same man? - I don't know that I could positively.
Tell us whether you can or no; have you any doubt whether he is the same man or not? - I think he is the same man.
Do you only think so, or are you sure of it? - I am positively sure it is the same man.
You have no doubt, have you? - No doubt in my conscience.
How long was he with you at the time he brought you this change? - He was there just while he drank two glasses of brandy, and what time he thought proper to look at the guineas.
How long might that be? - About ten minutes, or not quite so much.
You are quite sure it is the same man? - I think I may be positively sure.
But are you, or are you not, if you are say so? - I am sure it is the same man.
When this man was with you, was the other man again with him? - Yes.
While this man was looking about the guineas, what did the other man do that was with him? - He desired him to come as fast as he could, for he was in a particular hurry about some business.
Had he the guineas in his hand at all, or the other man? - No; not to my knowledge.
Could he have had them without your knowledge? - No; I kept my eye upon them as well as I could.
Did the other man take them out of your hand? - No; he never took them out of my hand at all.
Could he have laid hold of them? - No.
You are sure this is the same man? - I am sure this is the same man.
I think you said, in the first instance, you pulled out seven guineas out of your pocket, when you was going to give gold for this silver? - I did not say no such thing.
Then you had eight guineas? - Yes.
Why then that was the first time you contradicted yourself, and allowing for the country where you come from, you have told a good story indeed, and varied very considerably in it; you said, in the first instance, you pulled out seven, and that he wanted a guinea of a particular date, and then you said you had seven remaining in your hand, and that you missed a guinea after you had taken the silver in change for the gold? - I had eight guineas in all, and I missed two instead of one.
Did the gold remain in your hand, or did it fall on the ground? - No; I took more care of it than that.
You are sure none fell on the ground? - I am very sure of it.
In the course of your evidence you were going to say you thought something; I wished to have the sentence out, and know how you was certain whether this was the prisoner? - You will have no more from me than what I have given to my lord; I have been examined as much as any gentleman can, and I don't chuse to answer improper questions.
Court. The court will prevent any improper questions being asked you.
In one instance you say you think he is the same man, and in the next breath you say, you think he is not the man, is that the mode of giving evidence? - I swear positively he is the same, and I swear nothing but fair.
Did you not say just now, that you thought you could swear he is the man? - Very right, and so he is the man.
Just now you swore he was the man, and so he is the man, you are sure he is the man, and you are not sure he is the man? - He is the man I am sure.
I am very sorry you did not think so just now; you should not have contradicted yourself, because the jury will not give credit to you, when it is left to them? - I don't want your information.
Mr. Recorder said, no doubt but in point of law, if the prisoner was guilty, it was a theft.
NOT GUILTY .
Tried by the Second Middlesex Jury.
On Saturday, the 17th of November last, in the evening, as I was minding my business in the shop, a man came to ask the price of a waistcoat, I took it to the counter, in the shop, with two or three others, and shewed them to him. In the mean time, as I was shewing this waistcoat, I had not been gone above two or three minutes before there was a cry of somebody has stole your cloaths.
Where is your shop? - In High Holborn ; I immediately ran out of the shop, and ran as hard as I could for about a hundred yards, I perceived a woman running, I came up with her, and she had got the coat in her hand, before I could get to lay hold of her she dropped it, and I took it up.
Did you see her drop it? - I was close to her.
You picked it up? - Yes.
Is it your's, is it the same great coat? - Yes; here are the marks in the coat, where she pulled it off from the hooks.
Is it the same coat, has it been in your possession ever since? - It has.
Was it your great coat? - It belongs to the partnership.
How do you know the coat again? - By the marks upon it, and likewise by my own writing of the shop mark.
Was that mark upon it when she dropped it? - Yes.
Where was it hanging before it was taken? - It hung at the shop door.
What did she say for herself when you took her? - Nothing particular; she made a sad noise.
I was coming up Holborn the same evening, and I saw a woman snatch a coat that was hanging at Mr. Butler's door.
Is this the same woman? - Yes.
Did you see her pursued and taken? - I saw her throw down the coat.
I never took the coat; I was going up Holborn to Mr. Lane's, a pawnbroker, to get a gown which I had in pawn, and I was stopped; I don't remember what they said to me, I was in a great flurry. I never took any thing in my life, nor never was accused before.
GUILTY. 10 d .
To be privately whipped , and imprisoned in Newgate one month .
Tried by the Second Middlesex Jury, before Mr. RECORDER.
37. MARY MULLEUS was indicted for stealing on the 14th of November last, one watch, with the outside and inside of silver, value 8 s. and one watch-chain, value 6 d. and a seal, value 6 d. the goods of John Bevan .
What have you to say against the prisoner? - She has robbed me of my watch.
In what way? - I pulled it out to see what it was o'clock, and she snatched it out of my hand.
Who were present? - A ship mate of mine, and two maids who were going backwards and forwards.
Did you sit down near her? - She sat down by the fire, and I was set next to my shipmate.
How did she take the watch? - I had got my watch to see what it was o'clock, and she snatched it out of my hand while I was talking to my shipmate.
What did she do with it? - She went out of the room immediately, and returned in about five or six minutes; I did not think any thing, and she went out of the room again, and I did not see any thing of her afterwards, till after I heard the watch was pawned.
When did you see her afterwards? - Not till two days after when she was taken.
What inquiry did you make after the watch, did you inquire of Mr. Dixon? - Yes.
How did you find it? - I saw a man that passed for her husband, one Murray, and he told me that he had got a duplicate of the watch.
When did you see him? - Two days afterwards.
He said he had got a duplicate of the watch? - Yes.
Where did you find it? - At No. 75, Fleet-market.
At a pawn-broker's? - Yes.
When did you find it there? - On the 17th or 18th of November last.
How long was that after you lost it? - Two days.
Do you know any thing more about the woman taking it? - No more, than that I found she had pawned it.
So you were told? - Yes.
When did you see her afterwards? - When she was taken up, I saw her go into a house, in Black-horse-alley, and I stopt her.
What did she say for herself? - She said she had done the like before, and she would do the like again, and good luck to her for it.
From the prisoner. If you please to ask him where he slept that night.
I did not sleep with her, I insisted on going, and about one o'clock I went out of the house.
I am a pawn-broker; on the 15th of November the prisoner brought this watch into my shop.
What time of the day? - As near as I can recollect about the middle of the day, twelve o'clock, there came in with her one Peter Murray , who keeps a house in my neighbourhood; my young man took the watch and asked her whose it was, she said it was her husband's; seeing him make inquiry, I stepped forwards and took hold of the watch; upon that, this Murray says, it is my watch, you need not be afraid. I lent him two guineas on it, and gave him a duplicate in his own name.
What is Murray? - He is a man that sells goods in the market.
What is he to the prisoner? - Nothing at all that I know of, I never knew him any ways connected with the prisoner.
Who brought the watch in? - The prisoner brought it in first.
Mr. Bevan and I had been acquainted together for about three months, or not quite so much, he wanted to be concerned with me as with other unfortunate girls, and he had no money; he put his watch down my bosom and insisted on my taking the watch; next morning at six o'clock, he asked me for the watch again, and I told him that as he had no money I would not give it him. I went with it to Fleet-market, and Murray pawned it, and I gave him 25 s. of the money back again.
To Bevan. Is it true that she gave you any of the money back again? - I never saw her from the time I lost it, to the time she was taken up in Black-horse-alley.
Tried by the Middlesex Jury before Mr. RECORDER.
36. WILLIAM GILES SMITH was indicted for stealing, on the 11th of October last, at the parish of Harmandsworth , two boar pigs, of the value of twenty shillings, and one sow pig, of the value of twenty shillings , the property of James Jarvis .
I lost my hogs the 10th of October, on old Michaelmas day; I went to work in the morning, about six o'clock, and fed them before I went; in the evening I came home again about six, and the next morning I got up as usual to give them some meat; I made search and could not find them.
How many had you? - Three.
Where were they kept? - In the yard; they used to go into the orchard, and sometimes go over the river, into my neighbour's orchard; I sent about noon, to know if they had seen anything of them; I searched all about home, and came as far as Hounslow, to see if I could hear any thing of them at Hounslow market.
Where did you find them? - I found them at Turnham Green on Thursday.
When did you lose them? - On Wednesday night, or Thursday morning, I can't say which.
Where did you find them at Turnham-Green? - I found two at Mr. Keeve's, and one at Mr. Grimsdale's.
What are they? - Mr. Grimsdale is a baker; one of them was killed and hung up.
You found two at Keeve's, the one dead and thd other alive? - Yes.
Were they your pigs? - I could not swear to one, by reason it was scalded, and the hair off.
Did you know the other pigs? - I could swear to the two living.
How do you know them? - By the marks; one is a black and white, another black all over the loins, and a little bit out of its ear.
In your observation of the marks, you are able to swear positively to those two? - I have got a man to swear as well as myself.
I am a baker, I live at Turnham Green.
How did you come by those pigs? - As I was standing by my own door, on the 11th of October.
What time of the day? - About twelve o'clock, as high as I can guess: I saw this man driving three pigs along the road; I staid there till he came up to me, and then I asked him if they were to be sold; he told me, yes; I asked him what he asked for the black one, he asked me a guinea for it; I told him I would give him eighteen shillings; he said he would not take that, but he would split the difference; I said I would not give him any more, whether I had it or no.
Did you buy it? - Yes; then he said I should have it, and I put it into the stable, and went to the public house and paid him the money.
Did you buy one or two? - Only the black one.
Was the pig you bought the same as the last witness found to be his? - Yes.
Where did he say he got these pigs? - That he had bought them at Uxbridge fair, and sold all but these three the day before.
Did you know him before? - I never saw him before.
How long was you bargaining for these pigs? - About ten or a dozen minutes; and after I paid him, he treated me with a pint of beer; I had another, and I believe we had three.
You are sure this is the same man? - Yes.
How did he come to be taken up? - I took him up myself.
How soon after? - About fifteen days after.
Where did you see him? - He was coming by with a couple more pigs; I happened to be at the public house, and the ostler halloed out, here is a man coming again with two more pigs; I said I did not want no pigs: when the man came up to me, he asked me if I would buy a couple of pigs; I asked him what he asked, and he said 16 s. a piece; he went to the public house, and set himself down, and then I said to him, it is my opinion you was here about a fortnight or three weeks ago; yes, he said he was.
Did you stop him? - Yes; I had him up to one Mr. Lambe at East Acton.
Where did you get the two pigs that Jarvis found at your house? - As I was standing about two hundred yards from my own door, I sees a man coming with three pigs, at a little distance; I halloes out, Farmer, are you going to sell those pigs? he did not seem to hear me, but passed on; in about half an hour afterwards, as I was coming home, I saw him with two pigs, a sow pig and a boar pig, talking with five or six neighbours, and drinking at the public house, he had sold one of the pigs.
Who bought it? - Grimsdale had bought one; I asked him if he would sell the boar pig alone, he said he would not sell it alone; I then told him I would give him thirty-four shillings for them both, he said he would not sell them at that price, but at last he agreed to take the money, and they were drove into my yard.
You bought them? - Yes.
Are you sure this is the same man? - Yes.
Now were those pigs you bought the same pigs that were found by Jarvis at your house? - Yes.
I very often goes to fairs and markets to buy pigs; I bought those pigs at Uxbridge fair, and as I was coming home by Turnham Green, Keves asked me if I would sell them, I said yes; I kept on a little further, and Grimsdale asked me if I would sell one; I asked him a guinea for it, and he said he would give me eighteen shillings; I told him I could not take it, at last we agreed, and he paid me the money.
Court. Have you any witnesses to prove where you were, or any body to your character?
Prisoner. I have nobody here to day, I had some here yesterday, but they are gone.
To Jarvis. Is there any body here who bred the pigs?
Jarvis. Yes; the man is here who bred them.
Did he see the pigs afterwards at Keves's and Grimsdale's? - Yes.
Court. Then let him stand up.
Did you go with Mr. Jarvis after the pigs? - Yes.
How long have you known them? - Ever since they were pigs.
Do you know them by the marks? - Yes.
Where were the pigs found? - At Turnham Green, at Mr. Keves's and Grimsdale's.
Were they the same pigs that Jarvis lost? Yes.
Are you sure of it? - Yes.
Have you any doubt at all about it? - None.
Tried by the Second Middlesex Jury before Mr. RECORDER.
( To be confined to hard labour for twelve Months in the house of correction .)
The prisoner is a labouring man in the manufactory , he has worked there these twelve years.
What is Mr. Jones? - He keeps an iron foundery and smith's shop , and I am foreman in the same shop; we had great suspicion of loosing iron, and we could not find out who it was; this man was a labourer in the furnace, and used to go backwards and forwards to fetch coals for the furnace. There was a large pile of iron in the yard, I imagine about five or six ton of wrought iron generally together, at the bottom of this coal yard there was a large pair of gates to come in, and we had been laying in coals all day, and the marks of the wheels were very considerable. These bars were placed in the rut, and a woman (the wife of one of the workmen) coming in the evening to her husband, kicked her toe against the bar and had like to throw herself down; she gave information of it to me, and I went immediately to the place, and there I found one bar seven foot nine inches long, and another three foot eleven, they weighed thirty three pounds, and were three-fourths square; when the men left work we fixed ourselves on the outside of the gate, and in about three minutes the prisoner came and stooped to pick them up.
You left them where you found them? - Yes; we left them to see who came to fetch them, and fixed ourselves opposite the gate, at the distance of about five or six yards across the road.
When the prisoner came what did you see him do? - He stooped down and took hold of the end of the bars, and I immediately ran and seized him with the bars in his hand.
(The bars were produced in court.)
What did he say for himself? - He could not give any answer at all.
The bars are both your master's? - Yes.
Are there any marks upon them? - Yes; there are four little notches that I cut with a file at each end of them.
Is that the mark you use? - That is the mark I marked them with, as they were lying in the rut before I catched the prisoner.
You are sure they were your master's? - Yes.
Before you cut these notches, they had no particular mark had they? - No; it is not usual to make marks, there is a stamp upon them to shew what sort of iron it is.
You say the wife of one of the workmen, who works for your master, hit her toe against these bars as they were lying in the rut that the wheels of the carts had made? - Yes.
Now who put them there? - I know nothing of that.
Don't you think that any other person might have hit their toe against these bars as well as this man's wife? - Probably they might.
If you had hit your toe against them, would not you have stooped to have seen what they were? - To be sure I should.
And you would have picked them up? - I would have shoved them into the yard.
Suppose he had returned them next day
Are you sure he meant to steal them? - I should suppose so, else what was the reason of his putting them there.
The prisoner lives in a house belonging to your master? - Yes; he does.
Now did you never wish to have that house? - Never in my life.
Are you quite clear in that? - I never asked the question in my life of any person living.
There has been some little matter of disagreement between you and the prisoner I believe? - None at all; no further than his getting drunk and my shoving him out of the yard.
Do you work in the foundery? - Yes.
What do you know of this matter? - One of the men's wives coming to bring the key to her husband about nine o'clock, kicked her toe against these bars that laid in the rut at the back of the gate; she acquainted the clerk, and we went to look and found these bars; we thought it proper to set somebody to watch, and a little after nine this man came, and stooped to pull the bars out of the rut.
When he came up did you see him stumble against the bar? - No; he stooped directly and took hold of it.
What day of the month was it? - The 16th of November.
Could you see distinctly? - I was not so far from him as I am from you.
What did you do upon that? - We went and catched hold of him.
What did he say for himself when you laid hold of him? - He said he knew nothing about it.
What did Archer say to him, did he say what he laid hold of him for? - He said nothing about that.
This was about nine at night was it? - Yes; thereabouts.
How near were you? - I believe about the same distance as I am from you across the road.
Was it moon-light? - No.
How could you possibly tell whether he struck his foot against the bar or not? - I saw him stoop to pick it up.
Did not he hit his foot against it? - I can't tell whether he did or not.
If you had been in his place you would have stooped and taken it up? - I should have carried it where it belonged to.
Did not he ask what was the matter? - Yes.
Tried by the Middlesex Jury, before Mr. RECORDER.
39. RICHARD ISAACS was indicted, for that he upon the 17th of November last, upon the King's highway, in and upon ANDREW DOUGLAS , Esq . did make an assault, and in corporal fear and danger of his life did put, and one watch, the outside case made of gold, and the inside case of silver gilt with gold, with seals set in gold and key, &c. and one guinea, from his person and against his will, did take and carry away .
When did this happens? - Upon the 17th of November.
About what time of the day or night? - About seven in the evening.
Relate the manner of it? - About seven in the evening, my wife and I were going in a coach towards the upper part of Grosvenor square , the west end, the coachman was stopt by a man on horseback, who called out with vehemence, that the window should be let down, and demanded our money, he had a pistol in his hand as to appearance.
You say as to appearance only, could you see whether he had a pistol or not? - He had something that appeared like a pistol in his hand, he appeared so, and demanded our money, or threatened to blow us to the devil, that was his expression. I
He was not immediately taken then? - No.
I see when you make use of the word pistol, you repeat the expression as you thought; do you mean by that there was not sufficient light for you to say with certainty, there was a pistol or not? - Certainly.
It was from not distinctly seeing he had a pistol? - It was so.
How soon after was he taken? - This was upon Saturday night, I was sent for upon Monday morning, my watch was stopped, and the pawn-broker with whom it was pawned, was at the office in Bow-street; they issued hand-bills, in consequence of which they were informed of it.
Was there more than one man when the coach was stopped? - No, not as I know of; when I came there I found a man who appeared as a witness with my watch at the office; his name was Woods.
Are you sure the watch Woods had was your's? - I am pretty sure it was; in consequence of something that passed upon the information of Wood, he was taken.
This was in the evening, about seven; it was dark you might not see, so that you could not possibly distinguish the pistol, you could only judge from his expressions? - It might be a pistol or piece of wood, it was something appearing like a pistol, which I had no reason to doubt was a pistol.
You know nothing more of it? - No.
Produces a watch. Upon the 17th of November, about nine o'clock in the evening the prisoner offered this to pledge it.
You are a pawn-broker? - Yes.
Where? - In Princes-street, Soho; he wanted to borrow a guinea and a half upon it, I asked whose watch it was, he said it was his own; I asked him where he got it, he said it was his father's watch, his father left it to his brother, and each of them 30 l. and his brother made him a present of it.
What time was this? - About nine o'clock in the evening.
I was not satisfied with that account, I then asked his name, he said his name was Thomas White ; I asked where he lived, he lived at Mr. Haye's, No. 18, Adam-street, in the Adelphi; I asked him how long he had lived there, he said near two years, but he had had this watch ever since he had been there. I then asked if any servants in the house knew of his having the watch, he said there was the butler and two or three of the servants, all knew it very well. I then proposed sending a man down to his master's house to inquire, he said he had no objection, he would go with the person I chose to send, or he would stay at our house till the person returned. I then asked him where he lived before he went to Mr. Haye's, he said he lived in Harley-street, Cavindish-square, with Mr. Fordyce the banker.
Upon his giving me so clear an account, induced me to lend him the money he wanted upon it, supposing it might be his own.
What did you lend him? - A guinea and a half. Upon Monday morning I received a hand bill from the public office in Bow-street, that this watch had been taken upon the highway on Saturday night, in consequence of which I gave immediate information to the office, with the particulars that passed upon Saturday night, and described his person; and in consequence of telling them he lived with Mr. Fordyce, which I believe led to the discovery.
How long was the man that pledged the watch with you? - I suppose a quarter of an hour.
Did you take any particular notice of his face and person while with you? - I am perfectly sure that is the same man, I have
Jury. What dress was he in? - The same he is in now.
Pray, Mr. Wood, did you ever see the prisoner before that evening? - No.
What reason have you to think it was nine o'clock when he came to your house? - I am pretty sure it was, I will not say to a quarter of an hour.
Is there no obscurity in your shop, places where people go in obscurity? - There is such places.
Had you any suspicion upon your mind? I had. It is extremely usual for persons of the best characters and most fair dealings, to pawn things in a-different name from their own; people don't always give us the right name, it is our duty to inquire.
Is it not also usual to give wrong directions? - Sometimes they do, sometimes not.
Have you not from your own knowledge, received things from people with a wrong direction as well as a wrong name? - Yes.
The watch shown to the prosecutor.
Is that your watch, Mr. Douglas? - Yes, Sir, it is the watch, I am sure of it; it is a stop watch, the name is Delander; I don't know the number.
To Wood. Has that watch been under lock and key all the time? - No doubt; I can swear it is the watch I had of him.
Was it kept among other watches? - No.
Mr. PROTHERO sworn.
I was at the public office when the pawn-broker brought the watch there, when he was relating about stopping the watch, I desired him to describe the man to me; I asked him if he had been to the Adelphi to inquire whether he lived there, he said yes, and there was no such person.
To Wood. Did you go? - I did by order of the clerks of the office, there was no such person.
To Prothero. Did he describe the person of the man? - He did, and his voice as clear as could be; it struck me who was the man, I found he lived in St. Giles's, at a stable-yard, upon some inquiry I made about Grosvenor-square and that way.
Where was he taken? - At the yard where he lived, I believe it is the King's-head, he is something of an under hostler at the stable-yard, I found him in the yard, I was present when he was taken; told him what he was taken for, and I sent for his master and mistress, he denied it, his master said he had been a good servant; I said I would not give any trouble to go to the office, I would go with him to the pawn-broker's. His living in service there made be think he was not the man, and indeed I had not seen him for a year and a half; his master came with us, his master and I went into the shop first, and he followed us, he came in without making any words, as soon as he came in all the three pawn-brokers said you have got the man. I went to the pawn-broker's with the duplicates of the other watches that we found in his pockets or in his box. Still I had a doubt in my mind about this man's guilt, and remained so till he owned he had the watch in my hearing to Doctor Douglas.
Was there any offer to him to confess? - No, my lord, he said there was a man named Tom, with a silver laced hat sent it to him, after he owned he had it; but he could give no account who that person was.
Is it not remarkable as you had not seen the man a year and a half, you should know him so well? If it had been a dozen years it would make no difference.
Is it not remarkable you should fix upon him? - His description was he lived with Mr. Fordyce, and he had lived with Mr. Fordyce.
Foreman of the Jury. There was a circumstance came out about finding some duplicates of other watches, that does not relate to this, I beg there may not be any questions asked about that.
Mr. Recorder. So far it is evidence, that if at the time a prisoner is taken, a number of suspicious things are found upon him, as in the case of a person charged with house-breaking; if you find a number of iron keys, crows, and dark lanthorns, if
Deposed that the mare the prisoner had was delivered to him upon the Monday night, and he looked upon it as a gift, to sell it or keep it, or do as he pleased with it.
(The Prisoner said nothing in his defence, but called George Clark , Thomas Slack , - Smith, Edward Harris , - Scott, all of whom gave him a very good character, and he then called his Mistress, whose evidence being material, is given in full.)
Mrs. BUTCHER sworn.
You are wife to Mr. Butcher where this man lived? - Yes.
What is his character? - A very honest servant, he has been intrusted with a great deal of money, and always behaved very honestly; I could have pawned my life for his honesty; I never suspected him; he lived with us at the time he was taken.
Do you know any thing of him the Saturday evening? - He was in his business, and in the yard about seven or eight, they have done their business at seven, sometimes towards eight; I can't speak to where he was afterwards, he was in his work at that time.
Do you take upon your oath to say, he was in the yard about seven o'clock? - He certainly must be there.
Court. If I understand her rightly, she can't speak positively he was in his work; you don't speak from distinct recollection of that particular evening? - Yes; he was at his work that evening, and went away with the rest.
Tried by the First Middlesex Jury, before Mr. RECORDER.
I am a coal merchant , I live in St. John's, Wapping; upon Monday when I came from the markets, I ordered twenty-eight sacks of coals to be sent to the London Hospital; John West drove my team; it was one of the last teams that was loading; I took the clerk of the wharf over the barges to give directions which to work in the morning, in the mean time John West was ordered to load twenty-eight sacks, and in the room of that he took twenty-nine; about half an hour after one Mr. Hatch, a coal-merchant, was going along Ratcliffe Highway; a clerk comes and acquaints me; says he, Mr. Henly, there is one of your men sold a sack of coals in Ratcliffe Highway ; I goes directly up to the house of Ann Dunstan , there I saw a sack, I did not know it to be mine; it happened not to be marked, a very old one, I could not swear to the sack; the mistress of the shop was not in the shop just then; I spoke to a woman there, and she fetched the mistress, I asked, did not you buy some coals of a waggoner out of a team, the woman was a little frightened; says I, I am very sorry you should encourage a man to rob their master's or mistres's customers; the coals were shot in the shop, says I, I am afraid you have but too often done it; she declared she had not, she had but this, and gave three shilling for them; he was going to the London Hospital, I met him on his return coming back again; then it was dark.
Did you suspect him then? - I suspected him; there is a person that will give farther evidence of his taking the coals out of the waggon, and carrying them to this house; before I went up to enquire about it, I looked in my cartage book, and there were twenty-eight sacks delivered into John West 's care, to deliver to the London Hospital; I looked particularly at the book, to take a
About four o'clock, the 19th of November, I was standing at my door, next door to the woman that bought the coals, I saw this man drive the waggon up to the door; there was a boy with him; the man took the sack of coals out of the cart into the house; I am positive it was the prisoner, I had seen him there in the morning bring an empty sack out; when he carried the coals in he staid at the door a good bit; he left the sack in at the house, and went away with the waggon; about half an hour after Mr. Henly came to ask me if I saw such a transaction as that, I told him I did; we went down the road after him, and I carried the sack with me to Mr. Sherwood's, and there he owned it.
GUILTY. 10 d .
Sentenced to a month's imprisonment .
I am a haberdasher , I live in Oxford-street ; upon the 13th of last month, about six o'clock in the evening, or thereabouts, the prisoner came and had two yards of lace, and paid for it; a gentlewoman, Mrs. Lion, stood at the door for shelter, and saw the prisoner put a card of lace under her cloak; I was backwards writing in the shop; Mrs. Lion came and told me of it; I detected her with one piece she had under her arm, which I took from her; she bought two yards of a young woman that lives with me; I knew nothing of it till Mrs. Lion came and told me she had took the lace; when she was brought in by Mrs. Lion, I went and took it from her, then I opened the door, and desired her to go about her business.
When Mrs. Lion had seen her take the lace, did she bring her into the shop? - No; the woman was in the shop; Mrs. Lion told me she had taken a card of lace; I turned her cloak over her shoulder, and took it from her.
How much did you take from her? - That piece she had under her arm; then I went after her into the street, about forty yards, and brought her back again into the shop, and when I brought her back I took her into the back room, and I searched her pocket, and there was another piece in her pocket, besides what she had bought.
Did you find what she had bought also in her pocket? - No; I did not.
How much might they contain? - About sixty or seventy yards.
I suppose you live with Mr. Simpson? - Yes, Sir; I was the person that served her with the two yards of lace, a narrow edging about eight-pence a yard; it was between six and seven in the evening, there were no other customers in the shop.
Were there any other lace laying about at the time? - There was a whole book of lace, that I was shewing her of the black edging.
While you were shewing her this black lace was you called to any other customers to go away from her? - I did not leave her a moment.
Did you see her take any thing? - No, Sir; I did not.
Was that lace in your master's shop? - (the lace produced in court.) Yes; I am certain it is the lace; I saw one card taken from under her cloak, and the second time she was brought in, I saw the other taken out of her pocket.
(The Prosecutor deposes to the lace being his that was produced, that there were his marks upon them.)
Are those the very same pieces you took from the prisoner? - The very same.
Mrs. LION sworn.
Upon the 13th of November I was standing up from the rain, about six in the evening, at Mr. Pritchett's door, there was a woman in the shop I saw put a piece of lace under her cloak.
Were there candles in the shop? - Yes.
Do you mean the prisoner? - Yes; I saw her put one of the cards of lace under her cloak; I saw Mr. Pritchett upon the other side of the shop, I went immediately and acquainted him with it; the young woman that was serving her was behind the counter, and the woman set upon a seat by her, and the box of lace was before her; I went in and told Mr. Pritchett, and he went immediately to the woman and found the piece of lace under her cloak that I mentioned; Mr. Pritchett took the lace from her, and pushed her out of the shop, and then some time after the girl said, perhaps she might have some more about her, he went and fetched her in again, and brought her into the parlour, and found the other piece in her pocket.
Was you by then? - Yes; I was by at the same time.
My lord, the witness Lion has been several times convicted of the crime I am charged with; she appeared against the coiner; her husband, or man she cohabited with is in Clerkenwell Bridewell; I met her as I was coming along, she called me by the name of Goodiff, said she knew one Mr. Pritchett, a very easy man; she gave me two shillings, bid me go into the shop, and said I could get a trifle of money to go into the hospital with; I told her I would have n othing to do with it; I went from her, and went into the sign of the Bull and Pound, and had a pennyworth of beer there; I went and bought two yards of lace, and never stole any.
To Lion. Is this true this woman says? - Ask Mr. Pritchett; she never said I put her upon it there.
Pritchett. I don't know that she did.
Court. The prisoner is indicted for privately stealing in the shop of Mr. Pritchett, about ninety yards of black lace, value twenty shillings. Stealing privately in a shop to the value of five shillings is a capital felony, but you can't convict her of stealing privately, because she was detected by the witness Lion, and therefore does not come within the words of the act; all you can do, if you find her guilty, is to find her guilty of the felony only.
GUILTY of stealing the goods, but not privately in the shop .
To be privately whipt and discharged .
WILLIAM LOWEN .
I am a coat scowerer . Upon the 14th of November, I lost a black bombazeen gown of my wife's, and a petticoat and stuff jacket.
What might be the value of the things? - The gown 7 s. the petticoat 4 s. and the jacket 1 s.
How did the prisoner take it? - My wife and I were standing in the kitchen upon the 14th of November, upon the Wednesday, when I heard somebody stealing out between five and six at night, the shop was by the kitchen, the things were in the shop. My wife thought she heard somebody going out, and so did I; I ran out and seized the lad, and catched hold of him, and he had the property upon him.
Was your shop door open at the time? - I believe it was, he ran out at the street door, I found them altogether under his great-coat.
I am a constable.
(Produces the things in court.)
From whom did you receive those things? - When I was called to take the lad into custody, then I asked what things did he steal they gave me these things.
Who did? - Lowen.
To Lowen. Did you give this bundle you took upon the prisoner to the constable? - Yes; they were dropped in the shop.
White. The boy dropped them down in the shop, and they were given into my custody; there is one petticoat, there is also one bombazeen gown.
To Lowen. Do you swear that is your wife's property? - This gown I know it hung up upon the nail, I have the petticoat belonging to that gown, and the coat belonging to this gown.
I was coming along the street and picked up these things.
How long after you heard the prisoner go out, did you pursue? - Directly; and took the boy about ten yards from the house.
You took these things upon him hid under his coat in the street? - Yes.
To prisoner. How old are you? - About sixteen.
( Confined to hard labour twelve months in the house of correction .)
Tried by the First Middlesex Jury before Mr. Justice WILLES.
Deposed he was gardener to Thomas Gurnel , Esq . at Ealing . On the 20th of November, he had eight rabbits alive in a shed in hutches; an open shed on one side and wooden boxes on the other, in which there were six young ones fit to kill, and two old ones; they were lost from the shed that was open, there were four ferrets lost, the ferrets were for rat hunting. That he met Kent the prisoner and another, in a piece of ground near the place, and talked to him about selling dogs, and he had four or five rats on a stick, it was about fifty yards from the house, about five in the evening; he asked how he could have those rabbits dressed that he had upon a spear, (these were the rats). I told my fellow servant I should know them when I saw them again. (They found the rabbits in Jackson's apartment in a hutch, at Dennis's house they found two ferrets, they went to Kent's house, and the constable as he was going up to the garret, found the ferrets in a bag. That Kent took to his heels, that he the gardener ran five hundred yards after him, when he came up to him, he turned himself round and said, if you offer to touch me I will run a knife into you, that he then was going to
John Everrard the constable, produces the ferrets that were found in the bag, confirmed the evidence of the first witness, as to the place where he found them; the first witness and another man ran after the prisoner, and overtook him upon Turnham green common.
Deposed to two ferrets, being Mr. Gurnel's property; one of them he held in his hand, he said, had a particular scar between the nose and the right eye; and the mealy ferret was swore to by the first witness.
To Johnson. Can you swear that ferret was in one of your master's hutches on the 20th of October? - Yes; they were three white and a polecat one, we never found the polecat one, only the others.
Please your lordship, I rent a room of my brother, I give a shilling a week, in the two pair of stairs, a couple of women lodge in the garret; these men came up, I can't tell how it was, my door was open, I had got my foot out of the door, going to the butcher's to buy a pound of meat; when they came up, I said I had got no such thing, and after that I went to my business to go and buy the meat, and they came afterwards and stopped me, and said I had stole the things.
Have you a wife? - Yes; my wife was with me, having a candle in her hand ready.
To the constable. The two rabbets have been in your care ever since they were delivered to you? - Yes.
GUILTY of stealing to the value of ten pence .
(To be fined one shilling and imprisoned a month .
Tried before the First Middlesex Jury, before Mr. Justice WILLES.
Deposed he was a publican in Lower East Smithfield, that he lost on the 15th of November, a cloth coat with a velvet collar, from the White Bear in St. Catherine street by the Tower , that the duplicate was given up by the prisoner; last Wednesday week he recovered it of him.
Did you promise to forgive him before he gave you the ticket? - I did.
Upon your promising to forgive him he gave you the ticket? - Yes.
I am a shoemaker , I live in Shoreditch , I lost eight pairs of shoes at different times, and this pair of stuff shoes upon the 13th of November; they lay in the window sometime in the evening before, they were standing down in the bottom. I was not at home at the time they were taken away, I got them again from the prisoner by a neighbour, that brought him and the shoes together to the shop, he took him between seven and eight o'clock.
John Ingram produced the shoes, and said just as he had got half across the way, the prisoner at the bar came and took the shoes out from the hole in the window, that had been cut in the glass, he saw the prisoner take the shoes away, and he took him away to the watch-house after he had first thrown them down.
(Prosecutor deposed to the shoes.)
To be confined to hard labour for six months in the house of correction .
Deposed he was a smith , that he lost on the 1st of November, a small quantity of these nails, that the prisoner is his porter , and had them in his custody.
Deposed she keeps an iron shop in Play-house yard. The first of November last, he brought me three pounds and a half of these nails to sell,
Prosecutor. There is none made in town of that sort but what I make myself, called truss hoop iron nails.
(When they were produced in court they were altogether in a bag.)
Court. How can you swear to those nails? - They are for coopers use; I was the first man and the only man that makes them; I have no patent; there is but three people that use them.
To Mrs. Tuman. Can you swear that that three pounds and a half were put in that bag together? - They were in two half tubs and they were put together.
GUILTY of stealing to the value of ten-pence .
To be fined one shilling , and imprisoned three months in the goal of Newgate .
Tried by the First Middlesex Jury before Mr. Mr. Justice WILLES.
49, 50. EDITH WATSON , and ANNE RICE , were indicted for feloniously stealing, upon the 1st of November last, one sattin cloak, value 21 s. two cotton gowns, value 31 s. one silk and worsted gown, value 8 s. a checque apron, value 2 s. one pair of stays and other things, the value of 3 l. 12 s. in the whole , the goods of JAMES COOPER .
My husband's name is James Cooper , the prisoners have robbed me, part of the goods was found upon one of them. She repeats the goods in the indictment, that were lost the first of November; they were lost from a room in Sweet-apple court in Bishopsgate-street , which is my apartment, I am a lodger. On the 1st of November, my husband was gone out, I came home about twelve and all was safe; I locked the door when I went out at twelve again, when I went out to my master's shop to my employment; when my husband came home the door was open and the things gone, they were found at a pawnbroker's, at Shoreditch five days after, by my husband.
To prosecutor. Where were they found? I found all that is mentioned at Mr. Lane's and Mr. Davis's, two pawnbrokers. The prisoner Rice confessed to it.
How came she to confess? - She was taken up selling part of the goods to a woman; I charged the prisoner with it, by
Did you see any thing of your's in the possession of Rice? - Mrs. Cooper, Yes; she had on a cap and ribband of mine, and a pair of gloves; I went to her and told her of it, she confessed it was mine; Rice said, her cousin had gave them to her; one Mrs. M'Cartney went to Lane's and pawned the things.
Deposed, that he found all his wife's things gone when he came home, and that he found them at the pawnbroker's, at Davis's he found a petticoat and stays and handkerchief, and the rest of the things at the pawnbroker's at Shoreditch; she confessed every thing was pledged, I heard her; nothing was said to induce her to confess, but as soon as taken she confessed directly, and the constable took it down; Rice said, her cousin had hunted the house and she took them out of her apron.
The pawnbroker's man deposed, they were pawned by persons of the like stature with the prisoners, but he could not swear to either of them, that he stopped the shortest prisoner, and sent for the prosecutor and his wife, having heard the things were stolen; I believe the shortest might be told by me or somebody else, she had better confess; he produced a parcel of the things likewise.
(Prosecutor deposed to all the things produced.)
Deposed, she got the things of Ann Rice , which she had pawned for her, she came to her as a servant out of place, to lodge; when she gave me the things, she told me she was distressed for money, and wanted to borrow money upon them; she had worn them from the time she took them; I never saw Watson.
Walter Prosser , beadle of Bishopsgate, deposed, that he was sent for about an apartment being broke open; when he went, they had got Watson in hold, about five or six o'clock in the evening, upon the first of November she was charged upon suspicion of breaking open the prosecutor's apartment, and stealing gowns and many other things, she always denied it upon the different examinations before the magistrate, but Rice owned it directly; I found a cap and handkerchief, the prisoner's property, upon her head and neck.
Upon the Cross-Examination of Cooper. He never told the court a word in his evidence about Watson, but only said, he had a suspicion of her, and she was in custody a week before the other.
(The prosecutrix was then desired to swear to her property which was produced.)
I would speak to the man if you please, my lord; I was very ragged and poor, and the man said, if I would agree to him, he would keep me and cloath me; he got me in liquor, and he gave me his wife's things, and bid me take lodgings, which I did at half a crown a week in Drury-lane.
For the prisoner Watson. George Watson was sworn (she was not put upon her defence). That she was his sister's daughter, that he got her cloathed in Kirby-street, and bid her go home; said they offered to make it up with him for 3 l.
Tried by the London Jury, before Mr. RECORDER.
Samuel Rutter , junior .
Samuel Rutter deposed, that he lost two sheep's carcasses; that upon Saffron-hill he saw one of them hanging up at a cook's shop; that he made an enquiry, and was told, that a man had left them there in the evening; the next morning he came to receive the pay for them, and was detained. A Mrs. Lane, who kept the cook's shop upon Saffron-hill, deposed, that she bought one of the prisoner, and was to give him two-pence farthing a pound, that the prisoner, Gregory, when he was taken confessed taking a carcase off the hook, and carrying it to Saffron-hill with Waters.
BOTH GUILTY .
Gregory to be confined to raising sand and gravel upon the River Thames for one year . John Waters being unfit for such labour, to be confined to hard labour for twelve months in the house of correction .
Tried by the London Jury, before Mr. RECORDER.
William Pettit deposed, last Saturday morning, between eight and nine o'clock, his nice told him, that a woman had stole his coal scuttle; that he keeps a public house , in Gray's-inn-lane , that the woman was taken by one Stevens, and confessed the fact without any threats to intimidate, or promises to encourage her to confess.
(Prisoner's defence was, that the coal scuttle stood just without the door, and she took it up; she thought it was as free for her as any body else.)
To be privately whipped and discharged .
Tried by the London Jury, before Mr. RECORDER.
Christopher Richardson deposed, that he is a timber-merchant , that the great coat lay in the head of a single horse chaise, that he was coming out of Surry, over London bridge, about seven o'clock at night, it was moon light; he was not in the chaise, but leading the horse; just as he was mounting his horse near St. Magnus's church , a stage coachman called out stop thief, he immediately turned his head round, and saw William Fox catch the prisoner in his arms, who told him the prisoner had stole the great coat out of the chaise; that the great coat coat was found upon him, and he had cut the leather of the head of the chaise to pieces.
Court. What is the value of the great coat?
Richardson. Three shillings.
(The great coat produced.)
Is that your great coat? - Yes.
I was going on an errand for my father in Tooley-street, just by the Maze, and I was crossing the bridge to come home, I picked this coat up in the cross way coming towards the church.
Court. How old are you?
Tried by the London Jury, before Mr. Justice WILLES.
I am a vintner ; on the 11th of November last, I lost a handkerchief; I was going from Holborn to my own house; I keep the Paul's head, in Cateaton-street; this was on Sunday the 11th of November, between eight and nine at night, I was in company with one Mr. William Barker , coming up Snowhill I found somebody's hand in my pocket, I catched at the hand, and missed it; I saw the prisoner at the bar run, and I ran across the way, and catched him just at the corner of the Swan gateway, I saw him drop the handkerchief, just as I catched him, he ran against somebody the corner of the Swan gate way, which rather stopt him.
Court. You have got the handkerchief? - Yes; this is my handkerchief (producing it.)
What is the value? - Ten-pence, or a shilling.
Did you see him at the time he had got his hand in your pocket? - There was nobody near us but him; I followed him immediately, and called out stop thief; I took him into the Three Tuns Alehouse opposite; I applied to the master of the house to call me a constable, and to his servants; none of them would come to my assistance; upon that a man came in, and said, I saw this man drop the handkerchief, I will call a coach for you if you chuse it. Two coaches came together, and a dispute arose about the coaches just as we had got him to the coach door; I said, I did not mind that, I would pay the expence of both, let the one follow, and the other go with us. Then there came half a dozen men with bludgeons, and cried clear the way, down with him, cut him down; I received several blows, one I feel the effects of now; the first blow fetched me down under the coach wheel; the prisoner got away; I saw him coming up the passage opposite my house, from Guildhall, the Tuesday following, or the Wednesday, as I was standing at my door; I ran up to him, and said, young man you have not reigned long, don't you remember me; he was then in custody of the keeper of a counter for another offence.
You are sure that was the person you catched? - Yes; I was in company with him to get a constable as much as half an hour; I sat down in the box with him.
Prisoner. I never saw the gentleman in my life.
(Confirmed all that Mr. Marriot said, with this addition: when we came to the coach some of his comrades were near him, and endeavoured to take him from us, after struggling sometime some of them came with the bludgeons, &c.)
Court. Are you sure he is the man? - Yes; certain.
I can say nothing more for myself, than this, I don't know neither of the gentlemen, indeed.
Randall said, I never saw him before this day, that Mrs. Thomas called on me, and desired me to come to him, he was very ill, and I know his friends are very reputable people, I wish to get him abroad.
Thomas said, she was his aunt, she wished to send him abroad, and would do all that lay in her power to send him abroad.
To be publicly whipped , and confined to hard labour in the house of correction for two years .
Tried by the London Jury, before Mr. Justice WILLES.
BENJAMIN HONEY was indicted for the wilful murder of Richard Hobbs , on the 23d of October , by giving him several mortal bruises upon the head, breast, back and sides, of which he languished from the 23d of October, till the 24th , he stood likewise charged on the coroner's inquest with manslaughter.
Tell us what you know of the death of Richard Hobbs ? - I was standing upon Mrs. Winchworth's wharf , and I saw this Richard Hobbs and Benjamin Honey playing with two old wigs, they had bought somewhere up the river; at last I saw them stript and went to fighting; they fought a great while; the value of twenty minutes, and then Hobbs said he would fight no more, and the other never offered to strike him any more; both fought; this Richard Hobbs stript and went to fighting; they were both willing to go to fighting together.
Did you see what condition the deceased was when he got up; was he killed upon the spot: - No; they both fought very hard, when he said he had enough, he fainted away; we thought he had been only sick; he never spoke after, but fell upon the ground.
From any thing you saw, have you any reason to suppose any particular malice? - Says the man, I don't wish to do him any harm.
These two men were at play with their caps or wigs, beating them about in one another's faces. They came on shore upon the wharf; the deceased was foremost, and they had some words, and this Benjamin Honey hit Richard Hobbs ; Honey lift up his hand, and struck him back-handed about the head, and by that means ensued a battle, and they fell too in their cloaths; they fought one round or two, I am not positive which, they got up and agreed to strip; the bargemen standing by rather persuaded them to do it, and they fought fifteen minutes, or twenty, and this Henry Honey being a very strong man, took him, and throwed him upon the stones, most prodigeously, very hard indeed; I did not perceive that he fought in any malice, or any thing of the kind at all, all the time, no otherways than beating his man; he throwed him more than beat him; he ran away from him, and I did not hear him say he would have any more directly; as he ran away the other man did not touch him any more at all, and did not go nigh him any more, but put on his cloaths, and went on board his barge upon his voyage; it was just flood; it was about one or two o'clock in the day.
They were two bargemen ? - Yes; they put a sack over him, and covered him up with a sack a few minutes, and then they took and put him in a public house; I saw him once after, when a live.
Did he speak then? - Not at all.
When did you see him after? - I saw him the same night following.
When did he die? - It was about eleven o'clock, to the best of my remembrance, the next night afterwards.
From what you saw, have you any reason to suppose it was any otherways than fair fighting? - No; not the least in the world; I really believe from my heart, the man did not mean to kill him, nor attempt to kill him.
I am a surgeon.
I suppose you saw this man? - I saw the man the day after the battle, in the afternoon.
And how did you find him? - I found him dying then.
What was his condition? - I examined his body, and found a few slight superficial bruises; but I imagine his death proceeded from a fall, which produced what we call a concussion of the brain; there was no fracture of the scull at all. I went in the morning, he was dead then; I was informed he died about two hours after I saw him.
ACQUITTED of the Murder, GUILTY of Manslaughter .
Fined 1 s. and discharged.
JACOB JONAS was indicted for stealing, on the 29th of October , three scarlet cloth cloaks, value 3 l. one stuff gown, value 8 s. three pair of worsted stockings, value 12 s. two hundred yards of black silk ribband, value 21 s. the goods of James Sleymaker .
(After the prosecutor had given a description what the things were, the little boy was called up; as he could not explain the nature of an oath to the Court, and not being above nine years of age, he was not admitted to give any evidence, and there was not sufficient evidence to convict the prisoner without him, therefore he was
John James Moore deposed, that he was a publican in Playhouse-yard, Black Friars , that he lost a pewter pint the 7th of November , about five o'clock in the afternoon, out of his tap-room; his servants and the people in the tap-room saw it taken, and he saw the constable take it from the prisoner; several were found upon her, one was the property of a man that keeps the Cock upon Ludgate Hill.
Prisoner. I don't know how I came by it, I was much in liquor.
To the Prosecutor. Did she appear in liquor? - No.
Richard Mardell , the Constable, deposed, that he found the pots upon her; she did not appear much in liquor; that Mr. Moore took a good deal of pains to find out her character, and he found her to be a very bad woman.
I don't know how I came by them, I was in liquor; I never was in custody of such a thing in my life.
To be privately whipped , and discharged.
Thomas Gardner deposed, that on Saturday, about five o'clock in the evening, the 17th of November , he found a number of people about his door, who informed him, a woman, who was the prisoner at the bar, had stole a copper turbot-pan and cover from the door; the prisoner was then in custody in his shop. (The pan was produced in court, and deposed to by him as his property.)
John Punnel deposed, he was in the shop about five o'clock, and saw the woman put something under her cloak; laid hold of her, and took it from her; that she had got about three yards from the shop, when he stopt her. His master is a broker; I brought her back to the shop.
I was coming down this place, called Broker's Alley ; my gown pulled it down, and I picked it up, and this man came by and laid hold on me, and carried me into the shop; the woman asked me how I came by it, and whether I was going to steal it: I told her No.
To be privately whipped and discharged.
Tried by the London Jury, before Mr. RECORDER.
THOMAS LEWES was indicted for stealing, on the 8th of November , one wooden firkin, and 56 lb. weight of butter contained therein , the goods of James Strange and Hamond Parker .
I am a porter to Messrs. Strange and Parker; I had been into Whitechapel with two firkins of butter to the Talbot inn, belonging to Mr. Strange and Mr. Parker; I carried two there upon the 8th of November, about twelve o'clock in the day: as I was coming up Houndsditch home, I saw the prisoner at the bar with a firkin of butter on his shoulder, on the left hand side of the way, I on the right; after he had passed me, I turned about, and looked after him; I saw him turn up Sandwich Court, that goes towards Devonshire-square, I followed him, and stopt him in Devonshire-square, because I knew it was my masters' property; while he was carrying it, I saw the mark upon the head of it; I asked him where he was going with the firkin of butter, he told me he was going to carry it to his master; I told him it was my masters' firkin of butter, and he should carry it back, and I made him carry it back again to my masters' shop. My master sent for an officer, and we sent him to the Compter.
Where had he got the firkin from? - I know I left two firkins with that mark at the door when I went away, it had a mark J M in chalk upon it, it was going to Stratford, I saw my masters' cut mark, besides the chalk mark; living many years with him, I knew the mark; I said it is a wrong thing of you to take such a thing away, at such a time of day; he said he did it through necessity.
Ward said he remembered that was the firkin found upon the prisoner.
To Strange. What was the quantity of butter in it? - Fifty-six pounds, value 30 s. I have laid it.
As I was going from Houndsditch, there stood a man with a firkin of butter, who said to me, my lad will you earn six-pence, to take this firkin of butter to Newgate-street; I said I was going to Catherine-wheel-alley, and he lifted it on my shoulder, and when this man stopt me, I thought it was the man that hired me, to give me six-pence. If I had stole it, I would hardly have carried it back to the shop with him.
To be publicly whipped in Bishopsgate-street, one hundred yards from the shop of the prosecutor , and then discharged.
Tried by the London Jury, before Mr. RECORDER.
I heard an alarm in the shop, by a dog which we have, and when I went into the shop, I missed a piece of cloth, and I went to the door, and I saw the man with it under his arm; I knew that cloth had been laying on the counter; there was nobody in the shop; I was in the back room behind it; there were two pieces, both alike in quality, but of a different length; I missed one, and saw the man with it under his arm, about three doors off; I pursued the prisoner into the next street to us; I called
I saw the prisoner come out of the shop, with a piece of cloth under his arm; I am clear of that, and the dog making a barking, and taking hold of his coat, I kept by him, and had not my eye off him; I thought it odd he made no reply to the dog worrying him; I saw the woman come out, and heard her cry stop thief; he dropt the cloth and run away; I did not loose sight of him at all, I pursued while he was taken; a constable met him, and I went up to his assistance, and several more; I am clear it is the same man; I saw his face as he was coming out of the shop.
I am a constable, this cloth was delivered to me by Mrs. Freer.
To Mrs. Freer. Was that cloth you delivered to the constable, the same as you picked up and brought back? - Yes, I am certain of it.
To Edwards. Is that the same you received from her? - Yes, I marked it.
I was going up the court that leads from Bridges-street to Drury-lane, a narrow passage, the man met me and said, it is my opinion you stole the cloth, and they brought me back to the house, and they asked her if I was the person, she said, she believed I was the person.
To be confined to hard labour for twelve months in the house of correction .
Tried by the London Jury before Mr. RECORDER.
Deposed, she saw a black laced cloak belonging to Mrs. Smith, in the prisoner's box, who was the kitchen maid , a servant in the house with her; this was on the 12th of November last, upon making the discovery, she sent for Mr. Smith, Mr. Smith brought an officer in with him, the box was brought down stairs, and the cloak found in it.
The cloak I brought up with me from Margate in a band box, to my mistress's house, and left it tied up, a little box, some more things in it; I left it in the tavern upon the foul linen chest, and several more boxes there; the box was not locked, it was corded down; I saw the cloak taken out of the maid's box, after the officer came on the Friday morning, I brought it to town, and this was on the Monday se'nnight after.
Mr. HODGES sworn.
I was at Dr. Barwis's, in Soho-square, with Mr. Smith, I was sent for to Mr. Smith's (the Devil Tavern ) upon an information that he had been robbed of some property; I came with Mr. Smith, and a servant maid of his was accused of having stolen a cloak of Mrs. Smith's, Mr. Payne the constable, was sent for, her box was brought down into the parlour behind the bar, and opened before me; she opened it herself, she took out the things, and this cloak amongst the other things; she was asked whose property it was, she said it was not her property, but she had found it in the passage leading to the bar. Upon being asked why she did not bring it to the bar, she said she kept it till it was owned; the cloak that came out of the box was delivered to Mr. Payne immediately.
Mr. PAYNE sworn.
I was sent for to Mr. Smith's about nine o'clock the 12th of last month, when I came into the tavern, I desired to see the girl they suspected, she was called down stairs, and I took her into a room by herself, and would have persuaded her to be
Court to Mrs. Smith. Is there any particular mark by which you know it? - Yes; it is worn in the neck.
Is not that a common place for it to be worn in? - It is.
It is a black laced cloak? - Yes; I know it extremely well, I cannot say from any thing particular, no other than I am very certain it is my cloak.
Have you any doubt about it? - Not the least in the world.
As to the cloak I was accused on, I got up in the morning, and another fellow servant in the place, I picked up the cloak upon the stones, I said, here is something I have picked up looks like a cloak, and my fellow servant said it is, and she told me to keep it till farther enquiry; it was down stairs two days, then I said, I dare say now it will not be owned, as the company that was here that night, have not sent. I took it up stairs for farther inquiration, and nobody ever enquired after it, she said it might be enquired after in time, but nobody ever did enquire after it.
Court to Prisoner. Which of the maids was it you told? - Sally, the house-maid; I had it in the scullery two days, I told them of it, at the time I picked it up I mentioned it to Sally.
Prisoner. I did not know it was my mistress's, people coming into the Tavern, I thought it might belong to some of the company.
Court to Mrs. Smith. How long has she lived with you? - Between three and four months.
How had she behaved during that time? - Tolerably well.
Tried by the London Jury, before Mr. RECORDER.
Deposed, he had lost a quarter of malt in two sacks, out of his barge, that he had a suspicion they were on board a barge close to his; on the 24th following I saw Mr. Church, the master of the barge, and they searched and found it there, and when they found it, the prisoner at the bar, said the malt was his, he bought it; the malt was shot out of the sacks and put in their own, I did not find my sacks.
Court. Can you undertake to swear to the malt, when in other sacks? - Yes; it is pale malt, a particular malt.
Is not there other pale malt as well as your's? - Yes; but it has a particular flavour.
Is there any other evidence? - No.
Mr. Recorder. I think it utterly impossible to swear to it, after it was out of your sacks.
63. JAMES TURNER , MARY BREWER , and ANN MOORE , otherwise PETTY ; were indicted, for stealing upon the 6th of October , a 50 l. bank note, a 20 l. bank note, and goods, and monies, to the value of 85 l. 7 s. the goods, and monies, and notes, of ANN HAYES , Spinster , in the dwelling house of James Turner .
You sometime in September, Miss, wrote to Turner by way of coming to town, to
Had you received any letters from Turner, to persuade you to come to town? - Two.
Do you know Turner's hand writing? - Yes.
Is that one of the letters? - Yes.
Is that Mr. Turner's hand writing? - Yes; the date is August the 31st.
Letter read. Dear Miss, I received your letter of the 28th inst. wherein you suggest an inclination to be concerned in some genteel line of business in London, particularly a grocer is agreeable to your request; with infinite pleasure I enquired for a person in that line; I have found a very agreeable person, and shall have an answer next week: If it proves favourable, it is in a very respectable family in your own knowledge, the stock in trade that will be wanted, will be 100 l. or less, agreeable to your wish. In consequence of which, I would earnestly recommend to you to come to town, as there is not a doubt of meeting with something in that line; in fact I am astonished, so fine a young woman as you certainly are, should kill time among such unsocial people, so uncultivated in politeness. I have not the idea of your not meeting with success, your conduct entitles you to my highest opinion; if you will inform me what day the coach will come by, I will meet you. I beg you will write on return of the post, stating how matters shall be conducted. Rely upon secresy, and I remain your sincere friend,
What is his business? - A marshal's court officer I believe. We waited upon a gentleman in Oxford-road; but the first thing I enquired was, what sort of people he had to lodge with him, he said, very sober, honest people, that the prisoner at the bar, Mary Brewer , lodged with him, and the other was a visitor with him; he said they were very good sort of people, the old lady that lived up stairs was a woman of fortune, one Mrs. Dixon. He asked me what property I had brought with me as soon as I came, the business was almost concluded in Oxford-road, we had waited upon Mr. John Hurt several days, it was not concluded upon till Saturday, but the Tuesday preceding, I went to Croydon. Upon my return upon the Wednesday, I found my trunk open, I returned about eleven in the morning, I had the key in my pocket; I am very clear that I locked it when I went out, and I considered some time, and set down and looked all the things over, and found it as I had left it, every thing safe, my bank bills were not in the trunk, then my fears subsided immediately; Mr. Turner in the mean time, asked me if I had locked up my property, if not, there were drawers of his wife's at my service.
Did you express your fears at your trunk being open? - No; I never mentioned any thing to the family. Upon the Thursday Turner asked me if I had locked up my property, the first part of the time I laid up stairs with the old lady's daughter. On the Friday I lay in the back parlour where the trunk was, Mr. Turner's wife laid with me. Upon Friday morning, going down Hatton-garden, I made observation to Mr. Turner, it was unsafe to wear pocket hoops, it being easy to have ones pockets picked; Mr. Turner asked me, if I had got my pocket-book in my pocket, I told him yes, I had before told him I had two bank bills, a 50 l. and a 20 l. and a note of hand for 20 l. he requested me to lock them up, and said it was not safe to carry them about, this was between nine and ten Friday morning; when I came home, which was not till late in the evening, I promised him I would.
Did you lock it up on the Friday? - No, not till the Saturday; I lay that night with Mrs. Turner, and upon the Saturday morning, after breakfast, he asked me if I had locked up my things, I told him I would do it before I went out; upon the Saturday I went out for all day, I put the key in my
What happened afterwards? - At seven o'clock the same evening, I went and locked up my purse in the trunk.
What money was in it? - Eight guineas and a half, and a crown piece; I looked at the pocket-book and the bank bills, and they were all safe; Mr. Turner was then at home; sometime afterwards, he told me he was going out to raffle for a gun, and he went out; a little after eight, he returned home again, and called his wife out of the fore parlour backwards.
What communication is there between them, is there a door that goes out of the back parlour into the passage? - Yes.
Does the back parlour communicate with the fore parlour? - No; there is a staircase between them; his wife returned in ten minutes, but he did not. In about a quarter of an hour after, the lodger's daughter came in, Miss Dickson I believe is her name, and enquired after my health, which was not usual, and she walked up and down the room, and kept her eye upon the door, which was open a little way.
The door being a-jar, was you placed so as to be able to see into the entry? - No.
Was you sitting down? - I was; during our being there there was a great noise heard on the stair-case in the passage.
Mrs. Turner was with you all this time? - Yes; I asked the reason of Miss Dickson, of this noise, the answer I received was, that it was her mother's company going home.
What sort of noise was it? - It was a noise as if three or four people were pushing one another, getting something out of the house.
What might be the weight of the trunk? - Upon my word I can't tell.
Could you have taken it in both your hands and lifted it? - Yes.
Was it about forty pounds? - It might weigh that.
Then it did not require two or three people to carry it out? - No; when this noise had subsided a little, this young woman left us and went up stairs, a little after nine o'clock Mr. Turner returned home again, he then called his wife out a second time, they had some conversation together.
You had not supped? - No.
What passed then? - It was proposed what they should have for dinner on Sunday, as I had not dined in the house since I came to London, having many friends in town besides them, the wife then went to market, they were to have a leg of pork for dinner; then he requested to know, what I would have for supper, and he proposed oysters; I eat what supper I thought proper, a toast and nothing else, afterwards we set down, and talked together, till between ten and eleven o'clock.
So from the time you had been in your room at seven o'clock, you never went in it 'till this time? - No.
What time did you go to bed? - Between ten and eleven; I went into the room first, and Mrs. Turner followed; as soon as I came into the room I missed my trunk; as soon as I had missed the trunk, I told Mrs. Turner somebody had taken away the trunk, and we looked round the room.
What did Mrs. Turner say? - She said it could not be gone, if it was, it must be by somebody in the house.
Did you call the rest of the family? - I went into the fore parlour to Mr. Turner, I told him I was robbed, and my trunk was gone.
Did you at that time suspect Mr. Turner at all? - Not at that time, he came into the room and said, if it was gone, he was confident it must be his lodgers up stairs; then he called his lodgers down; Mrs. Dickson, the old lady, he challenged with the robbery.
Which of the prisoners lodged in the house? - Mary Brewer ; she denied it, and said he was more likely to rob me than her; a great quarrel ensued; I then desired Mr. Turner, to try to get me a warrant, that I might take those people up; he told me
You laid there that night? - Yes.
You did not sleep much? - No; I made myself as easy as I could till morning: early the next morning, I went to Mr. Albion Cox, my brothers were acquainted with him; I went to stop payment of that note upon Mr. Albion Cox; Mr. Turner went with me, and when we returned, I begged to know whether I could not have a warrant granted.
This was Sunday? - Yes; he told me there could be no such thing till next day; I was very desirous to go that day; then I wished to have some hand-bills printed, and I set down and gave a description as well as I could.
(The hand-bill was produced and read by her; she was asked, if all those things were in her trunk, to which she said, yes.)
Where did you go on the Sunday besides? - I went to my friends in Fleet-street, and got those hand-bills printed upon the Sunday. I lost all my wearing apparel in this trunk, except my gowns, which were not in the trunk, and some of my linen.
Were they in the room? - No; in another room, in the fore parlour. I went up in the afternoon to Mr. Clark in Bow-street, and I did not see Mr. Turner afterwards till the evening, he came to my friends to seek me; I did not lay at Turner's that night; I had taken my gowns away that evening, and I went to Mr. Clarke, and informed him of this robbery, about three in the afternoon on the Sunday. Turner did not go with me; on Sunday evening, I had one of Mr. Triquet's clerks came to pay me a visit, and wished me to come up to their office; he was an Oxford man, one Fletcher; he desired I would come the next morning and breakfast; when I was there, he related to Mr. Triquet what had happened, and Mr. Triquet asked me whether I would chuse to have those people taken up.
Then you did not desire Mr. Turner to be taken up? - No; they were brought before Mr. Triquet, and went through an examination.
How came Mrs. Brewer to be taken up? She lodged in the house.
How came Mrs. Moore to be taken up? - She was on a visit; they were all in the house together; as to Mrs. Dickson, and her daughter Fell, after they were taken up, nothing was found upon them, and they were discharged.
Did Mr. Turner attend there? - Mr. Turner attended, and said they were a parcel of thieves, and got their bread by shoplifting; he gave them a very bad character, and said Mrs. Fell was under recognizance for taking her trial at Westminster, for shoplifting, that was old Mrs. Dickson's daughter, the young lady that came to see me; they were all discharged. After this I returned to my friends in Fleet-street, and remained silent for a few days.
There was an end of your engaging with the grocer? - Yes; a few days after I was sent for to Mr. Clark's office, about the Wednesday or Thursday following: Mr. Clark informed me, he had found out the man who had opened my trunk, and who had locked it, and unlocked the trunk, and fastened it down again. This very much surprised me; he told me Mr. Turner had procuted it to be done, upon this I went to the office in Bow-street, and requested a warrant to take him up, he was taken up as I requested a warrant to take him up. - Mr. Justice Wright examined him, and he was ordered to Clerkenwell prison upon suspicion: when he was examined, he gave an account what sort of people his lodgers were, and what money his wife had to go to market; she contradicted him, he said
Was it a sort of trunk for a little girl to throw down? - No, my Lord, it was not; the little girl was about four years old, and the trunk stood upon a large box; he said, by the force of its falling, the lock sprung open, the things were not tumbled, the things were all very straight as I had left it.
Was the lock pushed back or forced open? - I thought it had been forced open, I believe, to the best of my knowledge, the lock was shoved back. Mr. Addington then said, how came he to apply to a blacksmith to fasten the lock again; his answer was, he did it, because I should have no mistrust of any thing that had happened, because he did not wish to have any words about his little girl.
When was it the smith was employed? - I heard the Friday, I had locked it after I found it open upon the Wednesday.
Do you know of yourself of its being opened any oftener than that Wednesday? - No; I did not know it; I constantly locked it from the Wednesday morning, and I always found it locked after: after this examination he was ordered back to prison, bail was granted him afterwards; I had a search warrant to search the house of James Turner , and another to search the house of a Mrs. Watty, where Mrs. Moore and Mrs. Brewer were; one of them had removed their lodgings; we attended early in the morning upon Saturday the 3d of November; I went with the warrant where the two prisoners were; the first apartment we searched was a back room, occupied by Mrs. Brewer, I found there a ghenting half handkerchief, which I delivered to the constable M'Manus, telling him that was part of my property.
What value might that be of? - One shilling; there was my own mark upon it: then we went into the fore room which belonged to Mrs. Moore.
Was Mrs. Brewer by at the time you found the handkerchief? - Yes; she said when I challenged her with it, she had bought it at Plymouth.
You are sure it was in your trunk when you locked it? - Yes; then I went into the room which belonged to Mrs. Moore, and there we found in the drawers a muslin flounced apron, which is here; I told Mr. M'Manus that was my property, but they had made a great alteration, which I would tell the justice of; we found nothing else.
Was any thing found in Mr. Turner's house? - No; we all went to the magistrates; when we came there, Mrs. Brewer said the handkerchief was her property, that she bought it at Plymouth.
What did Mrs. Moore say about the apron? - She said it was her apron, and she could call Miss Ainsworth to prove she had got it up several times; a day was appointed for it; this was Friday, and they were brought up the Wednesday following.
Were they committed? - They were; Miss Ainsworth did not appear, but she brought another woman to prove the getting up this apron: this woman said she had got it up several times, that there was one place she had tore it in the middle in getting it up, but she had neatly darned it; I don't know her name; the Justice requested to look at it, but there was no such thing found in it; she said the flounce consisted of three pieces on one side, and two on the other.
Is it so? - No; there is four on one side, and two on the other.
Had you before them mentioned any thing about this joining? - No.
Upon her Cross-Examination, Miss Hayes deposed, that her first suspicion rested upon Turner, from Mr. Clarke's information, and the smith's affidavit; that Turner did all he could to aggravate her suspicions respecting the other people in the house, and urged her on to apprehend them; that she did not chuse to accept of the offer of his wife's drawers to put her things in, as every thing was secure; that Mr. Turner went out after eight, and soon after she heard the noise.
Miss Hayes. He promised to meet me and my friends at Croydon fair.
Prisoner. I would ask, whether she did not accompany me down to Guildhall, Westminster, to hear the trial of Dickson's daughter?
Miss Hayes. I attended him upon a walk that way; he left me at some adjoining place in the Hall; I did not know that she was the person to take her trial.
Prisoner. Did not I tell you she was going to be tried for shop-lifting? - No; not till afterwards.
Cross-Examination, upon the part of Brewer and Moore.
Did not you express some doubt respecting the property, that the handkerchief was not your's? - Not to the handkerchief; I expressed a doubt with respect to the apron, it was made up wrong; I said this is my apron, it was made one way, but they have altered it; I said I had every reason to think it was mine.
What did you think with reference to the handkerchief? - I expressed no doubt whatever to the handkerchief, but only to the apron; of my own voluntary motion I swore to the handkerchief, it was not from any suggestion from any body. Turner was out when Miss Dickson came down to me, Mrs. Moore was on a visit to Mrs. Dickson.
Jury to Miss Hayes. Whether she speaks from a positive knowledge of Turner's being out of the house at eight, or whether he was only out of the room?
Miss Hayes. Out of the room; I don't know any farther.
I am a blacksmith; I live at No. 14, Cross-street, Hatton-garden; it may be two hundred yards from Turner's house, or more: I was applied to by Turner to do some business, as a smith; I would wish to be more particular in one part of my evidence, than I have ever been formerly.
(He expressed some uneasiness upon mentioning a wrong day, but his young man and him concluded it was the Friday when he was sent for to open the box.)
When I first heard of the robbery, it was from Turner's mouth, upon the Sunday after the robbery had been committed, he was coming along with a person, whom I now understand is named Ann Hayes ; I was going up Clerkenwell Green, he run after me and hailed me, and I stopt; afterwards I was along with Clark, and I told Clark the circumstance of Turner's calling after me upon the Sunday.
Was that the day you signed your information? - I signed none. - A paper shown him.
Is that your hand-writing? - Yes; I signed it; I did not know it was an information; Turner applied to me before the robbery was committed.
What day? - That was the part of the evidence I supposed I might vary in, I will tell you why; there were three or four women in the house drinking tea, when Turner came in, and after I had been before a magistrate, I went and asked them severally concerning the day; one says, I believe it was on Tuesday, another said she believed it was Wednesday, another on Thursday, and another said she did not know what day it was; but my lad and I comparing notes, we agreed it was on the Friday; I think it was that day, rather than any other, I cannot be sure.
What did Turner apply to you for? - To put the bolt of a lock in its place, which he had put back with a knife; if I could put it in its place, so that the person that belonged to it could not know it, he said it was his sister's box, he did not altogether care much whether she knew it or not, but he should not like her to know it, he said the box was going to be sent into the country to her; I told him I was very little accustomed to do such jobs, but I had a young man that worked with me, could do such jobs, and he should go with him; I believe this was about four o'clock in the evening, he said he was going a little farther, and he would call for him; in about half an hour afterwards he called, and the young manWilliam Lownds .
In his Cross-Examination (he was asked whether he had been spoken to by any people since that made him alter his evidence) he said nothing can excite any thing more from me than my conscience would let me speak.
Did you or not, before the magistrate, say, when he applied to you, when he said the Tuesday, did not you say no, it was the day before the robbery? - Yes; I believe, I said to the purpose you are speaking of, and then I said to the best of my knowledge.
Court. The man has a compunction of conscience, he will not swear positively, but he believes it to be the Friday. I don't see it is material whether Thursday or Friday the box was unlocked.
I am servant to Mr. Armfield; Mr. Turner came to our house a little before dusk, I think it was the Friday night; I was in the shop up stairs, my master called me down, and sent me with him; as I was going with Mr. Turner, he told me it was to lock a box, which he had shoved the lock back with a penknife; there was a little place under the lock, which he might shove it back with a penknife; it was a kind of pan lock, and a round top box.
Where was it? - In Air-street Hill, in a back parlour; I think it was on the bed, he reached it off the bed.
Was it wood? - It was; when I came there, I locked it again, it had been unlocked; Mr. Turner lifted it from the bed upon a chair; I did not see the inside of it; there were nobody but him and me present; two or three women met him as he went in, I don't know who they were; he told me it was his sister's trunk, he was going to send it into the country to her, and she would be angry if she knew it had been opened; he gave me a pint of beer, and he was to pay my master besides I suppose.
How it came unlocked you don't know? - Mr. Turner told me it was shoved back with a penknife.
I am an officer belonging to Bow-street, I went to this house of Mrs. Wattys, and found this apron and handkerchief, in the rooms of Brewer and Moore, I think it was about the 3d of November.
You went with Miss Hayes? - Yes.
What did you find in Brewer's room? - This handkerchief.
How do you know it was Brewer's room? - She was in the room when we went into it; she was in the front room, and went into the back room.
What did you find in Moore's room? - This apron and piece of cambrick.
(Producing the handkerchief, apron, and piece of cambrick.)
To Miss Hayes. Look at the handkerchief, and tell the jury whether you know it, and how you know it to be your property? - I know it from the hemming, that I swear to, the beginning not being properly hemmed; I cut it out and made it myself.
You are sure it was in your box? - I am; one of the corners is not even hemmed.
Are you positive that is your apron? - I am; and the handkerchief is mine; I made this apron myself, I know it by the hemming all round; I can tell it by my own work; it was a round apron before, but now they have made it square.
Did you put in those pieces at the side? - I did; I whipt the hemming, and I know my work; there is a bit of muslin different from the other in it, because I preserved a little bit by me for another use; this has four joinings on one side, and two upon the other, and they said there was five on one side; as to the piece of muslin, I will not swear to that, I had a piece of muslin like it in my box; I have no doubt of the apron being my property.
About the apron you mentioned one number before the justice, and now you mention another? - I am confident before the justice they swore to a wrong number, and I was right.
Counsel. My lord, the number swore to as she relates now, was sworn to by the person to identify this apron.
What should induce you to think the corner was altered? - The corners were turned up, and left round, and now it is turned down, and made square.
From the Prisoner Moore. Ask Miss Hayes if ever she got up the apron; if she can answer in a particular thing that is in the muslin alone, not in the workmanship of any woman, but in the muslin itself?
Miss Hayes. I never washed it myself, our servants washed it for me; I took the flounce off.
You pretend to know it from the number of pieces? - Not that only, but from my work.
(The Counsel desired to cross-examine Mr. M'Manus.)
When you went with Miss Hayes to search the lodgings, did she express no doubt as to the identity of the things? - She said she had some doubt about the apron, on account of its being altered; so she called me aside, and told me; says I if you have any doubt don't take it; it is of very dangerous consequence to the people; she went across the room, and said, well I think still it is my apron, and I said, if you desire me to take it I will, I did not take it then; in going in the coach to Bow-street, she said, I am sure it is my apron; though I left it behind, says I, if you think so I will go back and take it.
Did you go? - No; she told the justice of it, and they called me in and her, and I went back to fetch it; when she saw it again, she said, she was positive of it; she expressed no doubt as to the handkerchief to my knowledge; when she went back she opened the apron, and examined it more than four or five minutes; she swore to it after that before the justice.
You are an Oxford man, I believe? - Yes.
You know Mr. Turner? - Yes.
Was any application made to you by Turner about Miss Hayes; - Yes; about the beginning of September he asked me if I know Miss Hayes, I told him I did.
What are you? - A bookbinder; he asked me whether I knew she had any property; I told him I believed, and was pretty certain she had; nothing more passed than he said he had got some business to do for her in town; he asked me if she had any money left her lately, I told him she had.
From Turner. Did I apply to you in any house? - No; at Bagnigge Wells.
Turner. Did not I tell you it was in consequence of a letter being sent up to me?
On Tuesday the 2d of October, I agreed with the prosecutrix to meet me at Croydon fair; she was very early at my house in the morning, and begged I would not fail.
Court. She lay at your house, did not she? - No; she went to the playhouse, and did not lay at my house; she went with an acquaintance of her's into Bishopsgate-street, in a coach; I called upon one Mr. Williams, who was there at the time Miss Hayes was at my house, to go with me to get a coach to go to meet Miss Hayes; when I came home the child I was informed had been tumbling and jumping about upon the box, and tumbled it down.
Court. How came you not to go and meet her at Croydon? - I went to get a chaise, but could not; the box either came open by the fall, or is was left open by Miss Hayes, and if my spouse was to go with me to Croydon, I thought there would be nobody left in the house, but the lodgers, and it would not be safe to leave the trunk open, and it would be prudent to have it fastened, I said so to Mr. Williams who was then present.
Court. Who is Mr. Williams? - He is a school master, a person the prosecutrix knows very well; he went with me to Uxbridge, when I met Miss Hayes; as I went out to look for a chaise, I told him I would go down to Mr. Armfield, and desire him to step down, and fasten it; this was on the Tuesday, I called at Armfield's house, and desired him to step and fasten the trunk; he told me he was very busy, but would send a person with me; I asked
Court to Lowndes. You are sure you locked the box again? - Yes; I am sure I locked it.
Turner. He said it was very easy, and probably it might be unlocked by a fall, I did not go to Croydon fair, upon account I could not get a chaise; upon Saturday evening about six o'clock, I drank tea with the prosecutrix, at my own house; I read over then, the articles of a draught of partnership; she was going into partnership with Mr. Hurst; she said it would do very well; I took it down to Mr. Bourne, who I am clerk to, in Clifford's Inn; from there I went to a broker's in Soho-square, to desire him to attend on Monday, to appraise the fixtures of the shop; from thence I called at Newport-market, and drank at a public-house with a person, came home about eight, and acquainted Miss Hayes I was going to raffle for a gun, and asked her in a joking way, if she would be one; I then went to a public-house across the way, and there I staid till I came home, about half past nine, and I asked Miss Hayes if she would dine with me the next day, I asked her what she would like for dinner, it was referred to my spouse, she mentioned a leg of pork, she said it was agreeable; then I took my wife into the other room, not being willing to comunicate every thing to Miss Hayes; I ran short of cash and I gave her a few shillings, I understand it is said, I gave her half a guinea; I sent her out for a few oysters for supper, Miss Hayes had a pint of twopenny and a toast, this was between eleven and twelve, but she says between ten and eleven; she and my spouse went into the back room to go to bed; I sat with my head upon the back of a chair, she came back and said her trunk was missing; I told her I was very much astonished at that, to my surprise the trunk was gone, and the jacket and coat which lay upon it removed; she said she had had occasion to go there for a night-cap, or she should not have known it; I asked her when she saw it last, she said about seven o'clock in the evening; I said was your property safe, I went out about eight o'clock, she said there was a noise about half past eight, for Mrs. Dickson's daughter came down and asked how she did, and watched the parlour; that there were three women on the stairs, Mrs. Moore, one Mrs. Brewer, one Mrs. Fell, and Mrs. Dixon, were at the door; she said I asked the daughter what it was, the daughter said it was the visitors taking leave of the mother; says Miss Hayes, it seems very odd, that they should be taking leave of her mother when she was at the door; it then struck me, the three women were taking every advantage of this trunk, I desired her to call down Mrs. Dickson the mother, and I accused her of taking it away; with great confusion, she said she knew nothing at all of it, and wondered I knew nothing of it, because our street door is always open; I said you will not tell me it was a common plunderer or thief, that took this box in particular, and I am convinced you are the thief, it can be nobody but you; and you are always asking her when she goes into partnership, or when she will leave my house; I then said to Miss Hayes, it approaches to twelve o'clock, it will not be prudent to make a piece of work, and it will be best to go to Albion Cox in the morning to stop the draught; I went with her to stop the payment; I met Armfield upon Clerkenwell green, and acquainted him with the circumstance, and desired if he heard any thing of it he would let me know, acquainting him, it was the very trunk he had opened.
Court. Did you tell Armfield about the opening of this trunk, when Miss Hayes was by?
Turner. Miss Hayes was at a distance.
Court. It was in Miss Hayes' hearing was it? - No; Armfield was at a distance, I ran after him and told him, which Miss Hayes cannot deny.
Court. She could not deny it, she did not hear it.
James Jones that slept there, and had not for three or four nights before, he seemed to be in liquor; I told him the consequence of it, if he could make any discovery, and send it to any place, he should have twenty guineas paid down, and they should say nothing about the robbery, he said he would do his best to get at it; he went out and returned, and said he had got some intelligence; Miss Hayes gave me her key, I said I will go and see what information he has got; in coming back, I told her the information was very slight; he said in coming down Holborn, he saw two men with a trunk covered with a wrapper, and one said, come along, I did not pay much attention to that, I came back and drew the notice, to get the handbills upon the Sunday; Miss Hayes then dined with me upon this leg of Pork; after dinner, I desired Mr. Williams who went for the chaise with me, to go to Fielding's office, and advise what steps would be necessary to take; he came back and said, he had been at the Brown-bear, and various places, and there was no information to be got; I then accompanied him to where Miss Hayes was in the afternoon, it was at the Great Tom in Fleet-street, a public-house; there all the circumstances were enumerated before me and them; upon Monday, she came to my house with one Mr. Brewman, and told me she was going to get a warrant, and said it would be necessary to get it out at the Rotation; I went to breakfast with Mr. Brewman and Mr. Triquet's clerk together, and I went with the constable to these people's apartments, we could find nothing, we went in pursuit of them; I afterwards attended their examination, the matter stood over for a fortnight, and then they took me up; this I can prove by sufficient evidence, and where I was drinking upon the Saturday; I can prove the child's throwing down the trunk, and its being opened upon the Tuesday, and the time I was away from the house when the trunk was taken away.
For the Prisoner.
William Williams . I am a schoolmaster, and live in Ray-street; I have known Mr. Turner twelve or fourteen years; I went to his house upon Tuesday, the 2d of October; Miss Hayes came in and another young lady, to change her dress, and said she was going to Croydon; they went out together; Turner and I went to see to get a chaise, but could not get one, we came home and dined there; I lodge in Southamton buildings; we told Mrs. Turner we would go after dinner and see for one; Mrs. Turner makes answer, we must not go till we make the box fast; the child has been playing upon the box, by jumping up and down, or other means, that the box is either burst open, or Miss Hayes has left it open, and said, do you think I can make it fast with a knife; no, says I, I would not have you do that, left you should damage the lock.
You understood it was Miss Hayes's trunk that was broke open? - That was all that I heard then, he and I went in search after a horse and chaise; I left him in Kirby-street, and went to the stable yard, he went to the man that was to do the lock; I came back to Turner's, and was in the front room, and Mr. Turner and the blacksmith's boy came in together; on Saturday when the robbery was committed, about six in the evening, he came to my lodgings, I was drinking tea, and asked me if I would go with him to raffle for a gun, in my neighbourhood; I said with all my heart; first we went down to Messrs. Bourn and Bower, Clifford's Inn, where I believe he delivered in a paper, I came back with him about eight, or a little after eight.
Then you separated from him, and about eight came to him? - I never left him from the time he and I drank tea, till near half past nine.
Jury. Did you go home from Clifford's Inn to Turner's house? - No; he and I went to Soho square, to a broker's.
You never was absent from him from the time you drank tea? - Never; I was with him at the raffle till after nine.
He called on you at your lodgings? - Yes.
At what o'clock? - About six.
You drank tea together? - Yes.
From six to past nine he never went home? - No; I remember he went out upon the green, in order to get another member, and returned in seven or eight minutes, and I believe he did not go home at all.
He was not out of your company above five or six minutes? - It might be nine or ten minutes.
He could not go home to drink tea? - No.
He had not time to go home from your house in Southampton buildings, and come back again? - He never left me, if you don't misunderstand me, till the time of the raffle, not till after we had been at the raffle.
Had he time during that ten minutes he was out, to go to his own house? - Yes; I believe he had, his house was within a hundred yards of the place where we raffled.
I keep the sign of the Crown, the corner of Summer-street, Cold-Bath fields; there was a raffle at my house, it began about a quarter past nine o'clock, as near as I can recollect.
Do you recollect seeing the prisoner Turner at your house that night? - Beyond a doubt he was.
What time? - Sometime after eight, I think it was about h alf past eight, he staid till the raffle was over, and then went home; I recollect at that time there were some members wanting, and I believe he went out to get another member.
How far is it from your house to his house? - Within two hundred yards at the farthest.
How long have you known him? - Two years, I believe; I never heard nothing but a very honest character of him.
What is he? - I understand his profession to be a sheriff's officer. Something leading to the Law.
He came to you about half past eight, and was not with you before? - No; here is his own hand writing, a list of the raffle, the day was October the 6th.
Do you recollect having seen Turner at Villepierre's, at the time at the raffle? - Yes; something about eight o'clock, between eight and nine, (the witness recollecting himself, said) between seven and eight. It makes me confused as I never was in a court before.
You are sure it was between eight and nine? - Between seven and eight, Sir.
You are sure he was there before eight? - I am positive he was there before eight, he went away and came again between eight and nine, he was by himself when he went away, and he came again with another person.
What are you? - A jeweller; I had a raffle that night for the gun, with another person; Mr. Turner said he would go for another, he was there again before the raffle was over.
What time did he come first? - I cannot be positive to a minute, it was before eight, but how much I cannot tell; he went out by himself and came back with one Williams.
Court. How far is Turner's house in Air-street, from the schoolmaster's house in Ray-street? - Not above five hundred yards.
How long have you known the prisoner Turner? - Three years? I live opposite, I never knew any harm of him.
I live in Hart-street, Covent-garden; I have known Turner seven years, I never knew any thing but honesty and industry of him; I have trusted him to collect debts for me of 30, 40, or 50 l. he farther deposed, that he went to Newport-market to buy a fowl, that just by the place there was a public-house, that Turner and Williams and two others came out of the house, that Turner said halloe, what are you going
Had known him three years, and never heard any thing dishonest of him.
Had known him better than six years; knows him to be a very just man as ever was heard of or seen.
Has known him nine years; his character is, that he is a very honest man.
I live at No. 7, Clerkenwell-green, my husband is a chaser; I have known him seven years, that he has a very good character.
Turner. She accounts for the interval of time I was absent from the public house between eight and nine.
C. Moulier. Sir, he called at my house to ask my husband to go to the raffle, to the Crown, the corner of Summers-street; my husband was not within, he waited for my husband.
How long might he stay? - A quarter of an hour, or better.
How far is that distant from the place where you live? - I cannot tell, Sir.
Did not he wait an hour for your husband? - I cannot justly say the time.
Was it not half an hour? - I can't say, I believe it was; it was some time.
Williams called again by the Jury.
We wish to ask you, as you are so positive with respect to the time and place, and that the prisoner was never absent, except that nine or ten minutes, do you mean to speak positive to that fact, that he was never absent from you from six o'clock or before, till between nine and ten?
Williams. Yes; I speak positive, not above ten minutes.
Never absent above ten minutes? - He was not; and that only once, and then he went to this woman's house, after her husband I suppose.
I have nothing to say; I have had that handkerchief before Miss Hayes came to Mr. Turner's.
The evidence about the apron is my witness; she never mentioned a word of the darn before the Justice.
Please to ask Miss Hayes, whether she saw me that night in the house, or ever saw me there.
Miss Hayes. I saw her at five, at seven, and at nine that night.
Ann Moore . I was at Mrs. Dickson's at eight o'clock that night, I did not stay ten minutes; her daughter came for me, she said Mr. Jones was there; Mr. Turner's wife used to frequently open the door, and leave it open; the door was almost always open.
(The apron produced.) Look at that apron, does that belong to Moore? - Give me leave to look, and I will tell; I really cannot think this is the apron that was before the Justice, there were three or four joinings upon the one side, and two upon the other, if it is her apron, I have washed an apron of the same kind, I believe that apron to be Mrs. Moore's, as one apron may be like another.
Do you remember the hole in the middle, and your mending it up? - I put a few stitches; I cannot swear to a few stitches, it was a seam tore in the middle, it is a whipt seam, if it is Mrs. Moore's apron.
Court. Can you shew us where it is? - I cannot shew exactly where it is.
Upon her Cross-Examination she said, she could not swear to the apron, but she believed it was Mrs. Moore's; that she took no oath in Bow-street, and said if it was
To Miss Hayes. Was you present? - Yes; she said it was tore in the middle by some accident, and she took a fine needle and sewed it up.
Court to Tomkinson. Will you swear you made up that apron, or only washed it? - Only washed it three or four times.
Look at that apron, tell us whether that is not the property of Mrs. Moore? - I think to the best of my knowledge, it is Mrs. Moore's apron; I remember remarking it being a square-corner'd apron, and in general they make these aprons round.
Is that all the reason? - Yes; I will not swear to it; it was upon Friday the 29th of August, she came to drink tea with me, I was ironing, made me take notice she had not rounded it off.
I lodged in the house of the prisoner Turner, I know the prisoner Brewer.
Look at that handkerchief; do you remember it? - Yes, I think I do; I washed it on the Thursday the 4th of October; she came to me on the Wednesday, that and a white Marscella petticoat, and other things; I have lodged eighteen weeks in Turner's house.
Mrs. WATTY sworn.
I have known the two prisoners at the bar about thirteen weeks; they behaved extremely well.
Do you know that apron? - I have seen an apron upon Mrs. Moore before the day they came with a search warrant, I think the Sunday before.
To Miss Hayes. Have you ever told any body besides Turner, what were the contents of this box? - No.
Your confidential friend was Turner? - Yes; Mrs. Turner has heard the conversation between me and her husband.
All three, TURNER, BREWER, and MOORE GUILTY 39 s. each.
Turner was sentenced to hard labour in raising sand and gravel upon the river Thames for seven years .
Tried by the first Middlesex Jury, before Mr. Justice WILLES.
66. WILLIAM MOORE was indicted for that he being a person of a wicked mind and disposition, and unlawfully and wickedly devising, contriving, and intending to cause the leige subjects of our Lord the King, to believe, that the principal officers and ministers of our said Lord the King, intrusted and employed by our said Lord the King, in the weighty and arduous affairs of this kingdom, had formed designs to overturn the religious and civil liberties of this kingdom, in order to introduce popery and slavery, and to move and excite divers suspicious fears, jealousies, rumours, and terrors in the minds of the King's liege subjects; and to disquiet and disturb the peace and common tranquility of this realm, and to raise and foment insurrections, riots and tumults in this kingdom, upon the 6th day of June , in the 20th year of the reign of our Sovereign Lord George the Third, King of Great Britain, &c. did unlawfully wickedly, and maliciously compose, print, and publish, and cause and procure to be printed and published, a certain false, scandalous, and defamatory LIBEL, in which said libel are contained divers false, scandalous, and malicious matters of and concerning the said principal officers and ministers of our said Lord the King, intrusted and employed by our said Lord the King in the weighty and arduous affairs of this kingdom, according to the tenor following :
"ENGLAND IN BLOOD. On Thursday
"morning the 8th instant, at nine
"o'clock, will be published, in one sheet
"and a half folio, price only 3 d. by C.
"Thompson, No. 159, Fleet-street, the
"THUNDERER, addressed to Lord George
"Association, shewing the necessity of
"their persevering, and being united as
"one man against the infernal designs of
"the ministry to overturn the religious and
"civil liberties of this country, in order
"to introduce popery and slavery. In this
"paper will be given a full account of the
"bloody tyrannies, persecutions, plots,
"and inhuman butcheries exercised upon
"the professors of the protestant religion
"in England by the See of Rome, together
"with the names of the martyrs, and
"their sufferings, highly necessary to be
"read at this important moment by every
"Englishman who loves his God and his
"country; to which will be added some
"reasons why the few misguided, people
"now in confinement for destroying the
"Romish chapels should not suffer, and
"the dreadful consequences of an attempt
"to bring them to punishment." In contempt of the King and his laws, &c. The second count charges
"That he did publish,
"and cause and procure the same to be
Mr. Howarth stated the case, at large, to the following purport: That William Moore was charged with having printed and published a libel as false in its assertion, as it was pernicious in its consequences.
That in the beginning of the year 1780, a bill was brought into parliament for the purpose of repealing some laws which were a disgrace to any civilized country. The object of that bill was not as it was falsely represented, a design of giving any countenance to a religion so opposite to the genius of a free country, but the sole object was to repeal some cruel and sanguinary laws, which had been enacted in the days of darkness and superstition, which had so long continued a disgrace to this country.
That notwithstanding this law had passed with the unanimous consent of parliament, some men thought this law had passed improperly; a very small body of men, at first, had thought fit to complain of it, and by making use of arguments to delude the minds of people in general, had procured a very large and formidable number of people, in order to join in a petition for a repeal of that law.
I from my heart believed, that their motives were very laudable in petitioning, but I from my heart also believe, that their minds were imposed upon by arguments, and artifices of designing men, who had other purposes in view. The petition to parliament being rejected, produced a very considerable ferment in the minds of some people, and there were some people so lost to their duties, to their fellow citizens, they were determined by acts of violence to loosen the bands of society, to repeal that act, every one remembers the acts of violence committed on the very day of the petition; the Ambassadors chapels and houses being attacked, demolished and plundered, and some persons committed to Newgate for it. The very evening after the commitment of those men, the prisoner thought fit to publish this hand bill, the libel with which he is now charged, and a libel, a greater malignance calculated to produce worse effects, and which probably did produce worse effects, I believe never was stated to a jury. The obvious tendency of it was to inflame the minds of the people against the governing power, to induce the populace to trample upon the laws and constitution of this kingdom, and to substitute anarchy and confusion; the libel runs in these words (see the indictment.) It is impossible for any body to hear this paper read, without seeing its obvious tendency. This was at a time, when the minds of all men were alarmed, and the minds of the lower order of people in the highest state of perturbation; then it was introduced for the purpose of telling them what was intirely false respecting the introduction of popery, and for the purpose of hindering the laws from taking their course. It became the object of this man for the paultry purpose of recommending a trifling paper to sale, to inflame the minds of the people to commit outrages, which we can all recollect did follow. He employed two boys in distributing these hand bills amongst the populace, on the Tuesday, and on the Tuesday night those misguided
I am a printer, I knew Mr. Moore in June 1780, and before it he applied to me several weeks and months before I printed the Scourge for Mr. Moore, it came out every Saturday; when I came home on Monday, the 5th or 6th of June, I believe Monday or Tuesday, I found a hand bill.
Prisoner. I wish to put this question to the witness, whether he knows me, or where he ever saw me?
Milledge. Yes; I have seen him several times, he used to come to my printing house often; I am satisfied of his person; upon the occasion of these tumults he sent me a hand bill, intitled England in Blood, it was left for me when I was out of town, when I came home in the morning I found it, I believe it was Monday or Tuesday, I don't know which; I sent it up stairs to be composed.
Do you know the hand writing? - Yes; I have seen Mr. Moore write several times, and I believed that note to be his hand writing.
Was that hand bill printed from that note? - There is one I put my name to, I should be glad to see. (a paper shewn him.)
Sir, I believe that to be the same that was printed at my house from the original; I did not compare it with the original; I was out of the way at that time, and they were taken away.
Who took them away? - I believe Mr. Moore ordered the boy to take it away.
What was the man's name to whom you delivered it? - George Elliot ; he was the man who composed it, and put it to the press, and after it was composed it was fetched away by George Ward , or William Ward , I don't know which; I believe there were two or three thousand printed; I came back and found they were printed, and I think I represented to Mr. Moore they were a little inflammatory.
The paper was printed from the hand writing of Moore? - Yes.
Court. You should give proof of that paper being lost, before you give evidence of the hand writing, when the original is not produced.
Counsel. What is become of that paper? - It was given to Mr. Wilkes.
What Mr. Wilkes? - Alderman Wilkes.
When did you see Mr. Moore after you had printed it? - The same day at my printing office; I believe it was while they were working off at press; it is a good while ago, I should be very glad to recollect myself perfectly; when Mr. Moore came to my office, I told him I thought they were rather inflammatory, on my advise he altered the first hand bill to the second; I had no more conversation with him about it; I did not see Mr. Moore when the hand bill was left.
What did he come to you about? - I had connection with him for several weeks or months before, I thought it was his hand writing; I believe it was, he came to me when some were published; I told him I thought it was rather inflammatory, and accordingly Mr. Moore altered it to the second hand bill where my name is put.
Was you present when the first hand bills were delivered out? - I do not recollect: I may be.
Cross-Examination by the Prisoner.
Did you receive the hand bill in my hand writing? - I believe I did; to the best of my recollection.
You will not undertake to swear it was my hand writing you received? - I believe the very paper was delivered to Mr. Wilkes.
Prisoner. That is not the question.
Court. Was that paper which you received, and afterwards delivered up the prisoner's hand writing? - I believe it was.
Have you ever seen him write before? - Several times.
Prisoner. Whether the hand bill was printed from your press as it was sent to
Prisoner. That is no answer to my question, Mr. Milledge? - I believe it is, Sir.
Whether you know the hand bill to be printed as it was wrote, and in my hand writing, for I have evidence here in court, or very near at hand, and you will be cautious in your declaration; the question is whether the first paper you printed was faithfully printed from the paper you think is my hand writing? - I believe it was, here is a man in court will be more particular.
Whether I employed you, in the first instance, to print this paper? - I don't say you did; you employed one Mr. Barr; Mr. Barr turned it over to me, and you came to me, and brought copy; I was first engaged by one Mr. Barr, who is now engaged in the Morning Herald, his business at that time rather engrossed too much of his attention, and after he had printed three or four numbers, he asked me if I would take it on myself.
Prisoner. I beg I may ask another question, which is this, when these bills, called England in Blood, which were delivered from his house, were delivered upon the 6th or 7th of June, it is a material matter? - My lord, I cannot be punctual to the day, I believe it was Tuesday; here will be clearer evidence than mine upon that question.
Court. Was it the day before Newgate was burnt, or any other? - I believe it was the morning Newgate was burnt.
Prisoner. Were they delivered upon that day Newgate was burnt or nor? - To the best of my remembrance it was about noon of the day Newgate was burnt.
I should be exceedingly sorry you in a court of judicature or justice should perjure yourself: now you can't undertake to swear it positively? - No.
Can you swear positively, it was either that day, or the day following? - It was one of those two days.
That you can swear positively? - I can.
Prisoner. It was upon the evening very late, and no bill was published till that evening, and after all the rioters were dispersed.
I worked for Mr. Milledge in June 1780.
Counsel. Look at that hand bill, and tell me whether it was printed by you? - I composed this hand bill.
What did you compose it from? - From a manuscript, I believed to be that gentleman's (looking at the prisoner.)
Have you seen him write; - I have; I have seen him before then several times; some were delivered to Mr. Moore himself, which he took away from the press, some from me, and others from the boy; my recollection is rather shallow, as I am now advancing in years, it will not go to swear to a day, but I believe it was on the Tuesday.
Do you recollect the day Newgate was set on fire? - I do not.
Was it before or after the burning of Newgate.
Cross-Examination by the Prisoner.
Will you take upon you to swear, upon your oath, those bills were delivered on Tuesday morning, the 6th of June 1780? - On Tuesday, as near as my recollection will serve; they came from the press about noon.
Prisoner. You ought to be extremely cautious in what you say, I have evidence to contradict materially what you have asserted. My lord, will you ask the witness whether he will swear upon his oath, the bills were delivered upon the Tuesday morning, the 6th of June?
Elliott. To the best of my recollection they were, which was what I first declared, and before the burning of Newgate I am confident.
Prisoner. I should be sorry to take up the time of the court, universally to ask questions foreign to the purpose; I will take
Jury. Do you recollect the day Newgate was burnt? - I cannot.
How do you know it was before it was burnt? - I am perfect it was before; but I cannot recollect the day, but I recollect the circumstance, it was prior to the fire of Newgate.
What time of the day? - At noon.
How old are you? - I am between fourteen and fifteen.
How long have you been with Mr. Moore? - I believe about ten or eleven weeks, as near as I can guess; I was employed by him in June last, to carry out papers and deliver them at shops, and to people as they passed along.
Look at that hand-bill, and inform the jury, whether you was employed to do any thing with that bill? - Yes, sir; to deliver them out to people that passed and repassed.
You was employed by the prisoner for that purpose? - Yes.
Did you in consequence of that, deliver any out, to people that passed and repassed? - Yes, sir; great quantities.
Do you recollect what day it was? - As near as I can recollect it was a Tuesday.
Do you remember the burning of Newgate? -
Do you remember whether it was that day, or any other day? - It was that day.
Court. Let the hand-bill be read.
The hand-bill (as stated in the indictment verbatim) was read in court.
Cross-Examination of Ward by the prisoner.
At what time did you receive those hand-bills from me to be delivered to the public? - About three or four o'clock, as near as I can guess.
There is no guessing in this matter, it is a matter of consequence; guessing will not do, you must speak as near as possible? - It was near about three or four o'clock.
I will correct him or try to refresh his memory? - Did you ever see one of those hand-bills before seven in the evening, on Tuesday the 6th of June? - I did, Mr. Moore.
You did? - I did.
And where did you see them? - At the shop.
Before seven in the evening? - Yes.
Upon the 6th of June? - Yes.
You swear that? - Yes.
Pray had you not directions from me on Wednesday morning, and there could be very little time between six and seven in the evening, or before the shops were shut; had not you strict orders not to deliver another bill? - I had.
Had you delivered any bills? - Yes; my Mistress told me to deliver a few, I had delivered a few just as the rioters went past.
Prisoner. He had orders from me not to deliver any on the next morning, I should have been exceeding sorry to have caused tumults or riots.
To Ward. Did I not tell you strictly not to deliver any? - You said there was a mistake, Mr. Moore, you told me not to deliver them out till that mistake was altered.
Jury. Are you sure it was between three and four o'clock on Tuesday, you first delivered them? - As near as I can think of, I know I received them before seven.
When did you begin to deliver them? - I delivered them just as the rioters came by Newgate, I delivered them just about six o'clock.
I thought you said three? - That was when I received them; it was just as they came past, my mistress told me to do it as fast as I could.
My lord, I can only say this, I had no intention of inflaming the minds of the people; the hand-bill was written on Sunday the 4th of June, it was sent to Mr. Milledge's office, I believe upon the Monday, and not till seven in the evening upon Tuesday did I see one of the bills, they were delivered by his servant-maid, and they were not in Fleet-street till near eight; there were not more than one hundred or one hundred and fifty distributed, and they were all distributed by that boy; I was apprehensive that some advantage would be taken of the
Court. Have you any witnesses? -
Prisoner. I don't know that it is necessary to call any; I was used cruelly, had my doors broke open, was taken out of my bed, my sheets taken from my bed things, taken out of drawers; carried to Lincoln's Inn, then to Bridewell, and confined in a room not more than four feet square, and there kept ten weeks; and they took above 200 l. of my property, which I never have received, nor perhaps ever may; Mr. Chetham, whom I see in court, or Mr. White, might have found me if they thought proper; I wrote three letters to Mr. White, and desired he would restore what they took from me; he never sent to me, but there was an official letter went to one of my bail, Mr. Reynolds; I surrendered this day seven weeks, and now my trial is brought on, my lord, this witness I can bring, was taken out of his bed prior to this, and carried to Lincoln's Inn, and his drawers searched, to know whether I had correspondence with the French, or had French money.
Court. That is foreign to the question now before us.
Prisoner. Therefore I would not call him; every step to prejudice me has been taken by the crown, and I know I have been obnoxious to them.
The Court enquired into the circumstances of the prisoner.
He said he was a surgeon , that he was not in circumstances to pay any fine; it would be perpetual imprisonment to him; that he had a wife and six children; that he had suffered four months imprisonment, and lost 200 l. worth of property, by this lawless power he called it.
(To pay a fine of five shillings , and imprisoned in the Goal of Newgate for twelve months ; to be in the Compter till Newgate was fit for his reception.
Tried by the London Jury, before Mr. RECORDER.
67. JANE BROWN was indicted, for stealing one linen apron, value 6 d. one linen cap, value 6 d. one muslin cap, value 1 s. one muslin handkerchief, value 6 d. two laced tuckers, value 1 s. one pair of laced robbins, value 6 d. one glass smelling bottle, value 1 d. the goods of ELIZABETH DODD , Spinster .
A boy was to take away my things to the Boar and Castle, in Oxford-road, from Gray's Inn lane; (the prosecutrix was desired to repeat what things she had lost, which she did), she gave them to a school-boy that goes of errands.
You don't know what became of them, except what the boy told you afterwards? - No.
You never found any of them? - No.
(After an examination by the court respecting his knowledge of an oath, and the punishment to be inflicted if he did not speak the truth)
He deposed, Elizabeth Dodd gave him a bundle to carry to the Boar and Castle in Oxford-road, that the prisoner met him in Holborn , who robbed him, that she had on a dark linen gown at the time; just as they came by Newtoner's-lane, she asked him if his name was Harris, he said no, she asked him where he was going, and he told her,Jones a shoemaker, and she would give him a penny; she told him she lived with Mr. Harris, in St. Paul's churchyard, and her mother wanted to see him, that she did not like to go herself; she did not say where Jones lived, but took him up to one Mr. Goodall's, in Charles-street; she called to him to drink, he drank some, then she desired him to warm his hands, which he did; that she went to the door with him, and pretended to give him a direction, to enquire for Mr. Jones, a shoemaker, he could find no such person; that she had taken the bundle before she went into the public-house, and said she would take care of it for me while I went; that he left it with her; and when he came back, the landlord told him she said she would be back again in two or three minutes, that he waited till nine o'clock; it was about seven when he set out from Gray's Inn Lane, then he went home to his father's at Fleet-ditch; then his father and master and all went to the place, and the landlord told them, there was such a woman who had taken away the bundle; that he looked in fifty peoples faces as he went along, and he found her in Newtoner's-lane, the corner of Short's-gardens, in the street, and knew her directly; that when he went up to her, she turned her face to the wall; oh, says she, you have got a little boy there, how frightened I was, for there is a copy of a writ out again me, I was afraid it was somebody come to take me.
Upon his Cross-Examination. Said, he had told his master what sort of woman it was had his bundle, before he had seen her again; that when he came from Gray's Inn about seven, when got back to Fleet-ditch between ten and eleven, that as soon as he had seen half her face, he knew her again.
He confirmed the boy's account; said, while he was in search of her with the boy, the prisoner laid hold of his arm, and asked him to go with her; that he told her he would, that as they went along he examined the boy, as to every particular how he was certain; and he said he was sure of it, he had no doubt about her person; that he asked her to go into Oxford-road, she would not go; that a constable was got and the prisoner secured; that she was not then dressed in a dark linen gown, but as she is now, (a light linen gown); this was the next day they searched and found her, the linen was taken from the boy the 30th of October, and the 31st they found her and took her up.
Did the boy charge her positively before the justice? - Yes.
My witnesses here can give the particulars, what gowns I have worn these two years, and where I was that night it happened.
For the Prisoner.
I know the the woman at the bar, Jane Brown , she was a lodger of mine; I live in Short's-gardens, near Drury-lane, she has lodged with me near four months; and she lodged with me about four years ago too; I remember the time of her being taken up.
Do you remember where she was, the night before she was taken up? - She was with me the 30th day of October; she came down in the morning and brought a petticoat to mend it, she asked me for some pieces to mend it with, I searched the drawer for some, she sat down till near twelve o'clock; says she I have some things to boil for dinner, they are not done and it is late, she came afterwards about two o'clock; she went out and was gone a great while, and came in about eight, and said, I must go and make my bed, and make a fire; I said but don't go till you tell me what o'clock it is, go to the snuff-shop and ask; she went, and came back to the back door; I live in the back house, and she lives in the street house, and says she it was past eight.
How long was she gone to the snuff-shop? - Not two minutes; she had all these four months, and I can justify it, she had nothing but the linen gown and a thing like striped.
What day was it you was at home, and came down in the morning as you have described? - It was the 30th day of October.
How came you to remark it? - Because she was taken up the night following by a schoolmaster and a little boy. I had it put down upon this bit of paper.
Why then, after she came back from the snuff-shop, did she go out again that night? - Sir, she lighted a candle, and went up to her own apartment; I had a full view of her as I have of your face in lighting her candle; a few minutes after I said, will you make your bed, she said yes, and it was near ten o'clock, and after I asked if she was going to bed, yes, says she; it is true, it is fact and true, gentlemen and lords together, and I believe her as innocent as the child unborn.
Court. What curiosity had you to know what o'clock it was that evening? - It is a common thing with us in the house, as we are not able to keep a clock in the house, to ask one another what it is.
But every evening do you send somebody to know what o'clock it is? - Sometimes I do, and sometimes I do not; I did just ask her as she was going down, says I, Jenny, what o'clock is it, go to the shop-snuff, they keeps their clock very regular, it is more true than many great clocks and watches either.
Do you enquire every night when she goes to bed? - No; may be I might that night, but not other nights; she has ne'er a brown gown; it was put down the very day she was committed, I had it put down upon this bit of paper.
Who put it down for you? - Why, a man that knew how to write.
That man had a name probably? - Yes; that man is my husband, his name is Mc. Connel, he is a little taylor, and works journey work.
He put it down? - Yes.
That was to put you in mind of the day? - Yes.
(The paper handed up to Mr. Recorder.)
Is your husband a lawyer? - No; he is a little taylor.
Your husband put this down at your desire, to put you in mind of the day? - Yes.
Did he put it down the day that you was examined before the Justice? - He put down that the very evening.
Is he here? - No, please your honour, he knows nothing at all about it, but as I told him.
Did you give your husband the paper to put it down upon? - I don't know whether that is what I looked for in the drawer; I forget how I got the paper.
Was it the snuff paper she brought from the snuff-shop; - No; I take snuff, and the snuff may have dropped upon it.
And you gave the paper to him to put it down upon? - The paper was partly new when he put it down.
Can you write yourself? - No.
Can you read writing? - No.
How can this tell you the day of the month then? - Because any gentleman that can read, can tell me the day very well.
It was your husband that wrote it? - Yes.
He is a very good scholar, is he? - He can scribble a little.
Have you any more of his hand-writing about you? - No; I have not.
He writes a lawyer-like hand, don't he? - No; he is no lawyer.
Mr. Recorder to the Jury. I will tell you, gentlemen, what is wrote down: Charge against Jane Brown , accused by Martha Robbins , about blank. To enquire where she was from six to ten of the clock, and who with, their names and places of abode, upon Tuesday night the 30th of October, 1781. And she says that paper is wrote down to put her in mind of the day of the month.
Prisoner. I would only ask one question of that schoolmaster, what o'clock did he meet me, when he said I wanted to pick him up?
Mr. Rolfe. I believe it might be near nine o'clock.
Court. It is very proper; the evidence of the witness is clearly false to a demonstration; let that paper be detained in Court, she has sworn positively that paper was her husband's hand-writing; and let the woman be committed to take her trial for that perjury.
To be privately whipped , and confined for eighteen months to hard labour in the House of Correction .
Deposed, he kept the King Harry's head, Red Lion-street, Ayliff-street ; on the 25th of November he lost some pots; he had been out; when he came home, his boy had brought in the prisoner, and accused her with it; she said she had kickt her foot against them in the street.
William Hopper deposed, on the evening of the 25th he was gathering in pots, and laid them down at the corner of Ayliff-street, and went up the street; he had not been gone five minutes, he went down Brown's Court, and heard the pots rattle, and coming out of the court, he saw the prisoner with them in her hand; he observed s omebody run round the corner, and he cried out, halloe, what are you doing with the pots, and he heard them dropt; before he could turn the corner, she had dropt them, and got about a yard and a half from him; there was nobody present; he stopt her about ten yards from the place; he saw the pots in her hand, but did not hear her drop them before she turned the corner.
Do you mean to swear positively you saw them in this woman's hand, or in somebody's hand? - In somebody's hand I can swear positively to.
Not that woman in particular? - No.
I was coming along pretty hasty, and I kick'd my foot against them to put them together, I never took them up at all; I give them liberty to inquire my character, I have no witnesses.
69, 70, & 71. WILLIAM CHICK , GEORGE TIKE , & ROBERT SMITH were indicted for assaulting Charles Baynes , in a field, a certain place near the high way, in the parish of Pancrass , on the 3d day of November, putting him in corporal fear and danger of his life, and taking from his person one pair of silk breeches, value 30 s. and one penny in money numbered, the property of Charles Baynes .
I am a taylor , I live at Hampstead; on the 13th of November, on Friday about ten o'clock, I was coming to Gray's inn, bringing a pair of breeches to John Stewart , Esq; - as I was coming from the half-way house, about the middle of the second field, I was stopped by William Chick , he asked me if I had any money, I told him no, I have but a penny; he told me to give him that; after that I gave them the way, they said have you any more, I told them no; Robert Smith came up to me, took hold of me by the left arm, and said you are a deserter, I lifted you last night in town; I told him he must be mistaken; he asked me my name, I said Charles Baynes ; says he, come along, and they brought me to the stile that turns round, and then they surrounded me there, I had a bundle in my hand, - Robert Smith and William Chick did, - Tike was behind at some distance; when they came round me, I was in a great flurry; I then gave myself a sort of snatch, Smith and Tike left me; Tike went in company
Where was the bundle? - In a pocket in a jacket of mine, upon the left hand side; as soon as I parted with Chick, I immediately missed the bundle.
You did not perceive them take it? - No Sir, I did not.
What did he say when you told him you had only a penny, what made you give it him? - Because he demanded it of me.
Suppose I had asked you for a penny, would you give it? - He came and took hold of my shoulder, and said have you any money, I said I have but one penny, says he give it me, and asked if I had any more, I said no, and then they took me up to the stile.
Were you in any fright before the other men came up? - I cannot say but I was.
Had they any weapons? - None, but Chick, who had a stick in his right hand.
Did he attempt to strike you with that stick, or make use of the stick, or threaten you with it? - No; he did not.
Upon your oath, what induced you to give the money? - Because he demanded the money I had; I looked upon it, he would have had it, if I had not give it; I thought he might have used me ill.
Did he threaten you? - No; he did not.
If he did not threaten you, what was the motive? - Because I was afraid they would use me ill.
Did you see Tike in company with the other prisoners? - No, Sir; he was rather behind the other prisoners.
Did you observe him to speak to the other two? - I don't remember I did.
You did not see him in company with, or speak to either of the other prisoners? - No Sir, I did not.
Ephraim Fletcher deposed, Baynes came in a hurry to the half-way house, Mother Red-cap's, and said he had been robbed in the field; he turned his head about, and said, there goes the three men together, and said that is the man (Chick) who robbed me of my breeches and penny; whether they husled him him, or how they took it, he did not know; that being on horseback, he (Fletcher) got off, and took a stick and pursued them, and brought Chick back by the coat, the others came along behind him; at the time he jumped over, the parcel was thrown down in the field.
Court. This case, in point of law, is confined to the penny; the breeches were taken privately from his person, which is a different offence.
Fletcher. They could say very little for themselves; they pulled the money out of their pockets; there was a halfpenny Baynes said he could swear to, that they took from him; he did not take it out from the others, Chick had taken out his money himself, and shewn it, the halfpenny was not took from him; the constable was there at the same time; Chick said he might take it again if he would.
Barringer, the constable, deposed, he was present, searched the men, and found about a shilling amongst them, and four pennyworth of halfpence upon Chick.
Was any particular notice of a halfpenny taken amongst them? - No notice of the kind, when I searched them.
As I was going towards Hampstead to see an acquaintance, I was walking before, and I saw some person, I did not know who it was, he came almost to us, and turned and run back as hard as he could, and coming back with another man, they stopped us.
We were going to Hampstead, and this man met us; as soon as he saw us, he set off as fast as he could, run back again, and fetched a person and charged us.
Court. I don't think it necessary to put Tike upon his defence at all.
To Baynes. This place you describe, where these people met you, was in the second field from Mother Red-cap's, you say; is not that in sight both of the road from
This was at ten o'clock in the morning? - Yes.
In sight of Mother Red Cap's too? - Yes; it was.
In this place, at ten o'clock in the morning, in sight of both roads, accosted by men who had no weapons, how came you to give your money to strangers? - At that time it was a very thick fog, I could hardly see for fog; when I saw these men I had a sort of fright upon me, I did not like the looks of them; I was coming the same path they were, I went upon the other, as soon as I did, they came across, and came and catched hold of me, they were coming to me, I was going towards town.
Was your fright occasioned by any thing Chick said or did to you, or merely from the apprehension of your own mind, from seeing those men together? - I was in fear every minute they should knock me down.
Was it upon what they said, or your own fears? - Upon what they said.
What did they say? - I have told you every thing.
Court. There is not sufficient evidence to charge Tike, no direct evidence he was connected with the other prisoners; certainly, it is a nice distinction, if this can be made a robbery at all; in respect to the silk breeches it is clear, in point of law, if the evidence is true, there was no robbery of that; for the nature of the robbery is, that of obtaining from another, money or goods, by force or fear, either by actual force or violence, or putting them in such fear as induces him to part with his property, from the apprehension of violence, and in order to save himself from violence; that cannot be applied to the breeches, that was taking privately from his person. The evidence, in point of law, must be applied to the penny; the value is totally immaterial, if the fact is clear; the law that makes a highway robbery a capital offence, does not so much consider the property of the party, which differs in nothing from the common larceny, but the fear and personal danger that he is yut into, and therefore whether a man is robbed of a penny or 500 l. it is, in point of law, precisely the same thing; for one is as much a robbery as the other, provided it is attended with those ingredients, in order to constitute a robbery. But in order to constitute a robbery, there must be force and violence, taking the money by force violently, or there must be an actual putting in fear, and it must be by fear occasioned by some act done by the person who is charged with committing the robbery, that the party is iuduced to part with their money, and if it is by fear that the party is induced to part with their money, it is not necessary that any particular words or threats should be used by the party demanding. If a person was to beg an alms of you, alone in a field, at a suspicious place and time, and then say, Sir, give me a penny, presenting a pistol to your breast, there is no doubt it is a robbery, upon account of the weapon causing immediate fear of death: but it is necessary to constitute a robbery, that the fear that induces the person to part with his property, should be a reasonable fear occasioned by the person who demands it, and not merely a preconceived fear, arising from suspicion in the mind of the person robbed; it is necessary it should not be a groundless and frivolous fear, but such a fear, as, in the expression of law, may naturally arise in the mind of a firm and prudent man; it is not because a man comes up to me in a suspicious place, and asks for money, and I give him a penny, if he does no act that would make a prudent man have any degree of fear, that will not constitute a robbery; and any person being in company with robbers when a robbery is committed, makes them accessary to the fact.
All three ACQUITTED .
Tried by the First Middlesex Jury, before Mr. RECORDER.
JAMES FENTON was indicted for stealing, the 4th of December , a wicker hamper, and twenty four glass bottles, containing eighteen quarts of wine , the goods of Sarah Graston , widow .
Henry Mann proved the fact clearly; he stood with a cart against the King's Arms, Bishopsgate-street , and went in to call a coachman last Tuesday, about half after four, in the afternoon; that he stood at the door, and saw two men come to the cart, one handed the hamper upon the others shoulder; his dog was left in the cart, but was eating, and did not bark; he hallowed out, got assistance, and the prisoner was taken, the man with the hamper made his escape, after the hamper was pulled off his shoulders.
I was just by the Navy Office, in Broad-street, going to receive my wages, and the boy out of Bishopsgate-street came and laid hold of me by the collar, and said I stole the wine; I never stirred, three or four gentlemen came and took hold of me, and carried me to the counter.
To be confined to hard labour for twelve months .
Tried by the First Middlesex Jury, before Mr. RECORDER.
Francis Morrells , a foreigner, servant to Mr. Davis, deposed, that the prisoner knocked at the door, and said Mr. Portal had sent the linen by mistake, it was another parcel he meant to send, and he was come for it back; that he gave it him, but watched him, and when he found him going wrong, he insisted on his going to Portal's, and took him there.
Mr. Portal proves it was what he sent to Mr. Davis's.
Prisoner. I have nothing to say, I have no witnesses.
To be confined to hard labour, in the house of correction, twelve months .
Tried by the London Jury before Mr. RECORDER.
PATRICK MADAN and ROBERT HILL , to shew cause why sentence should not be awarded against them upon the former sentence received, to be delivered to them by the Keeper of Newgate.
And ordered them to be brought into court on the next day at eleven o'Clock, that if they had any defence to set up, or any evidence to prove they were not the persons, they might have time to prepare for it.
Yes, my lord.
What have you to say then, why execution should not be awarded against you upon the sentence pronounced upon that conviction.
My lord, I beg this paper may be read. (Producing a paper)
My lords, I was capitally convicted in this court; his Majesty in counsel was graciously pleased to respite me during his royal pleasure. I afterwards remained a considerable time heavily ironed. It was afterwards thought proper I should be sent into the service of the African Company. In pursance of such last order, I with many others were put as soldiers in that service, on board a ship under the command of Captain M'Kenzee , and Captain Catoncamp , officers in the African service. That I was still kept in irons; this, my lord, with the sea sickness, and the time the ship was out, by contrary winds drove into the Cove of Cork, returning from thence by change of wind to Kinsale stopped there by a dispatched frigate, giving an account of the French fleet being out, which stopped our proceeding. We then returned to the Cove of Cork, an account being given to Sir John Irwin , commander in chief in that kingdom, that the ship's crew were all in a sickly state, (e'er we had orders to fail from the admiralty) sent his doctors on board; and upon such examination, I with many others were sent a shore to sick quarters; and whilst we were a shore the commander received orders to sail which he obeyed, leaving me and the other sick on shore. I then returned to this city to see my wife and children. Now my lord, you have the true state of my case, and upon that wisdom and humanity which have hitherto elucidated your character, since you have filled a judicial chair, I shall have the happiness of escaping that sate which my enemies have most injury intended for me. If any doubt arises in your lordship's breast relative to what is above set forth; I beg you would interrogate me, and I shall give a farther account.
Court. Have you any witnesses?
Patrick Madan I have not; if your Lordship would send to the Admiralty, you would find a return of the sick people on board of the ship whilst she lay at anchor, and that the Commodore lay there for fresh orders from England, and that he was stopped by the French fleet.
Court. Then the Court will give you till next sessions.
Court. As far as any information can be had at the Admiralty, the Court will enquire.
Court. The fact upon which your vindication rests, in the opinion of the Court, is that of the ship sailing without you, while you were on shore, and not able to go with her; that is a fact necessary for you to prove; if that fact can be proved - if any evidence from Ireland is necessary, you must endeavour to send to Ireland to some persons for it.
Court. All the Court can do, is to give you the necessary time to prepare for your defence, till next sessions, which is not till January; the court will give you sufficient time to prepare for your defence, and any necessary directions that can be procured from the Admiralty, the Court will give their assistance; and as to the rest of the facts, all they can do is to give you the necessary time. - Let Patrick Madan be remanded.
Court. The fact necessary for you to prove is, you had not left the Hospital before the time the ship sailed.
Court. If true you were put on shore at the hospital there, and in the hospital at the time the ship sailed, that is a fact capable of proof; and any assistance the Court can give you, by enquiring at the public office at the Admiralty, they will; that is all they can do.
The Court ordered his indictment to be read, upon which he had been before convicted, and had sentence of death passed upon him.
Court. Are you the same Robert Hill that was convicted upon this indictment?
Robert Hill. Yes.
COUNCIL for Robert Hill then stated his case to the following purport.
My Lord, this man was capitally convicted in October sessions, 1780, for a robbery in the house of David Lewis ; his Majesty thought sit to grant him a pardon, upon condition of his going to the East Indies; he remained in custody for eight months, till June last, when he was conveyed on board a ship at Gravesend, a transport bound for Africa, he was extremely uneasy at been so situated; when he came to Portsmouth he found means to convey intelligence to Lord Hillsborough, and an order was sent for his been put on shore from it.
Captain M 'Kenzie, that had the command of the military, had such resentment about it, that he ordered him to be severely whipped; he then sent, and an order was sent again from Lord Hillsborough's, he was taken by military force from that ship, and put into prison at Portsmouth, where he remained till the fifth of October last, without assistance, no provision provided for him; he got supported by friends from London, forced to buy water; had an opportunity, and made his escape from there, and came to London with an intention to put the condition of his pardon, as soon as possible, into execution; came here five weeks ago; three weeks ago taken into custody; has been in custody ever
Mr. Recorder. As you state, so much with respect of being put on board an African transport, instead of going on board a ship for the East Indies is a fact, I know it to be true, because I applied to the Secretary of State, to procure his being taken out of that ship; so far I can be evidence. But what account do you give of his escaping from the prison, and not surrendering himself to perform the condition of his pardon.
Council. All I can say to that is he was so weak, and suffered so much in confinement, willing to enjoy what little liberty he could, but was waiting ready to go to the East Indies with the first soldiers that go in the first ship he could get to go in. - If you will give us the liberty, I can have evidence of all those facts.
Mr. Recorder. Your defence, however it may go in extenuation, is certainly to admit, that at the time he was taken, he was at large contrary to his Majesty's pardon.
Council. I can't controvert that.
Mr. Recorder. The consequence of which is, he remains in the condition he was in then, subject to a respite during his Majesty's pleasure, and now in the condition he was before, to be at the disposal of the King's pleasure, and therefore he shall be committed till his Majesty's pleasure can be known. I shall state the circumstances to the King. Let your state of the case be sent to me that the King's pleasure be known how he shall be disposed of. Let Hill be recommitted under his former sentence, a respite till the King's pleasure be known.
MONDAY December 10, 1781.
The Sessions being ended, the Court passed sentence of death on the three following prisoners: