NUMBER II. PART I.
KING's Commission of the Peace Oyer and Terminer, and Goal Delivery for the CITY of LONDON, &c.
BEFORE the Right Honourable WILLIAM PLOMER , Esq. LORD MAYOR of the City of London; Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench; The Rt. Hon. Sir JOHN SKYNNER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer; JOHN HEATH , Esq; one of the Justices of his Majesty's Court of Common Pleas; 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 Goal Delivery of Newgate, holden for the said City and County of Middlesex.
First Middlesex Jury.
Second Middlesex Jury.
74. JANE DOBEY was indicted for stealing, on the 24th day of October last, one linen gown, value 5 s. one white linen apron, value 12 d. and two check linen aprons, value 12 d. the goods of Margaret Cameron , widow .
I never saw the prisoner before the 25th of October, I know her now; on the 24th of October I went up stairs, about three o'clock, I found the club-room door open; my master keeps a public house; I saw an
Was you present at this time? - No; she took us to the pawnbroker's, I went with her; she confessed she had pawned them to my master and all of us.
What pawnbroker was it? - Mr. Cates; I went there, and we found the things there, the gown and the three aprons.
(They were produced in court, and deposed to by the witness.)
Prisoner. A girl bigger than myself ordered me to do it.
I keep the King's Arms, Rolls Buildings, Fetter-lane ; on the 24th of October last, my servant informed me somebody got into her room, she lay in the club-room; the next day a neighbour asked me if I saw a little girl go through the passage, I said no; I went up stairs, and saw the prisoner there, up three pair of stairs; I asked her what she wanted, she said one Davis a bricklayer, they were at work on the outside of the house; I enquired amongst the bricklayers if there was a person of the name of Davis, they said no; I said to her, I have a suspicion you have robbed us, I threatened her a considerable time, she denied it; at last she owned she went up stairs with another girl, and took out the gown and three aprons, she confessed it; she said she and another girl; I made some enquiry about the other girl, she had been at service, and the people said she had not been out of the house that day; this girl confessed she had pawned them; I went to the pawnbroker's with my servant, and there they were found.
Court. What is the prisoner's age? - I am going on thirteen; my mother spins shoemaker's hemp, she lives in Church-yard Alley, Fetter-lane, and she has three children besides me.
What does she employ you about? - To wind the hemp.
It was through the other girl that wanted the money.
(The girl's mother was called into Court, and said her daughter was thirteen years old, and that she had three other children.)
Having been eleven weeks in confinement, was ordered to be privately whipped , and delivered to her mother.
Tried by the First Middlesex Jury before Mr. Justice HEATH.
75. FRANCES HART was indicted for stealing, on the 13th of November, 1781 , ten yards and an half of printed callico, value 3 l. two diaper table cloths, value 5 s. the goods of Edward Lloyd , privately in his shop .
I am a linen-draper , and keep a shop in Holborn ; on the 13th of November I missed the two callico printed gowns, and two diaper table-cloths; I had seen them a few hours before I missed them; the gowns were on the counter, they were not made up into gowns, but cut into gown lengths, the cloths tied up in a paper, they were left on a shelf that holds printed cottons; I lost them at that time, I saw them at the Justice's, I had not before seen the prisoner at the bar.
Was her examination taken in writing? - I believe it was; I suspected she received them from the women that took them; I can swear to the goods.
I live between Chancery-lane and Lincoln's-inn fields, in Holborn; I saw them goods about two hours before in the shop.
John Williamson . I live with my father, a hatter and hosier, in Holborn; on the 13th of November last, three women came into my father's shop; I followed three women; I supposed they were shop-lifters.
Was the prisoner one of them? - No; they crossed the way, just by Gray's inn-lane; there I saw the prisoner; then they joined at Staple's-inn-gate; they crossed from Gray's-inn-lane end to the opposite side to Staple's-inn-gate; two of them I saw put something into the prisoner's lap; I saw her receive it.
Do you know Lloyd's shop? - Yes; it was about five hundred yards from it when she received them.
It was at a considerable distance? - Yes.
The Court told the jury the indictment was wrong; she was not instrumental to the larceny, if any offence, she ought to be indicted differently.
Tried by the First Middlesex Jury, before the Lord Chief BARON.
What do you know of the prisoner's taking? - I don't know who took them; I lost two pair of silk stockings, with my private mark upon them. I saw them about a quarter of an hour before she was brought back; I was up stairs in my dining room; it was about four o'clock in the evening, coming into the shop, the stockings were gone, two pair, what we call span silk, with private marks upon them, one mine, one my son's, and a paper of cotton caps, which were gone likewise; men's night-caps, all of which were found in the prisoner's possession; I saw them taken out of her apron, in my parlour; my son seized her, and found these things in her possession; she said somebody gave them to her; first she said, she picked them up, at the magistrate's she said somebody gave them to her.
It might be ten minutes before I missed them, I saw her; the constable has had the custody of the the things.
T. Wolley (the constable.) I was sent for to Williamson's, when I came I found these things in the prisoner's apron, I have had them in my custody ever since.
Mr. Williamson, sen. These stockings there have my private mark on them; I made it myself; this pair is my stockings.
Mr. Williamson, jun. They are my marks; the paper of night-caps I tied up not two minutes before.
Mr. Williamson. sen. The writing on the paper of caps is my hand writing.
Where do you live? - At No. 26, near Gray's-inn-gate, three doors from it; above it on the same side.
Williamson, jun. On the 13th of November I tied up this paper of caps, and went into the yard; not long after the maid called me; there were three women in the shop, I saw them go out; I did not see the prisoner in the shop, I saw her receive them together with other things.
You say you saw her receive them? - I did.
Where? - Just at Staples-inn-gate I stopt her, and asked her what she had got?
Gray's-inn-gate is above the bars? - Yes; and my father's is three doors from that.
I apprehend it to be several hundred yards from this place? - Yes.
Was it a hundred yards? - Yes.
Court. She must be acquitted of this charge.
Tried by the First Middlesex Jury, before Mr. Justice HEATH.
NATHANIEL GROOME was indicted, with JAMES FREEGROVE and GEORGE MALDEN , not taken, for breaking and entering the house of John Pearce , about eight o'clock at night, on the 20th day of December, 1781 , and stealing eleven cotton handkerchiefs, value 14 s. and four silk handkerchiefs, value 10 s.
I live at No. 23, Old Compton-street, Soho , I keep a shop; I am the wife of Mr. John Pearce . On the 20th day of December last, I lost some handkerchiefs; between eight and nine, I was that morning gone out of the shop into a back room; I left a servant girl there, and a child. I had seen the things in a basket, in the shop, a quarter of an hour before. I saw the servant shut the door; I came to know of the robbery by the maid and child crying out; I came in and saw the glass-case open, and the things taken out; I found the maid could not see, she had some snuff thrown in her eyes; I have now the handkerchief she had on at the time, with snuff on it. (She produced the handkerchief in court) The shop door was open when I went in; the prisoner was brought back in five minutes by Mr. Kelsy, who brought the handkerchiefs back; then the man was taken into custody.
Ann Humphrys . I am a servant to Mrs. Pearce; I was in the shop the 20th of December last, between eight and nine, the shop door was shut by myself, about a quarter of an hour before the robbery; it was shut on a spring lock; I only saw one robber come into the shop, not the prisoner; he threw snuff in my eyes, after which I could not see at all.
Mr. KELSY sworn.
I know the prisoner; on the 20th of December I was coming from the lottery-office, in Wardour-street, between eight and nine, and just by Mr. Pearce's I saw the prisoner at the bar, and two more, if not three, standing without side the window; by the time I got up to it, the prisoner at the bar was in the shop; I saw him open the glass-case, and take out a handful of handkerchiefs; when he had got them he came out, and dropt one between the two doors of that house and the next, in the street, upon which I pursued him, and cried stop thief; those he took out he held by his hand behind his back, under his coat; I pursued him, and never lost sight of him till he was stopped; he had gone to the corner of Crown Court, about four or five houses breadth. (He produced the handkerchiefs, and said they had been in his custody ever since.)
Mrs. Pearce deposed, she believed them to be her's; this handkerchief the girl had was cut off from the rest.
I had been into Monmouth-street, that evening to get a pair of shoes, as I was coming from the shop, I heard this gentleman cry stop thief, just by the end of Crown Court, he stopped me, and asked me if I had any property about me, I said no; they took me into the shop, and another person pickt up the handkerchiefs; I did not take them.
For the Prisoner.
Court. As to the burglary, the door of the shop shut, and latched, and being lifted up in the night, it constitutes the burglary.
GUILTY . ( Death .)
Tried by the First Middlesex Jury before Mr. Justice ASHHURST.
John West ; two of the ducks, two turkies, and the cock were brought with him.
Those were your's? - They were mine; they were all dead; he confessed he stole them.
I am a watchman.
Upon the 26th of December, at night, did you see the prisoner? - Yes; as I was crying eleven o'clock, by a house called the Bull's Head, the girl there called me, and desired me to go in there; I went in and saw the prisoner offering the poultry to sale; the two ducks, two turkies and a cock; I went in, and as he lays them on the table, I took them off; they were warm, and kicked on the floor; they were dying; I took him to the watch-house on suspicion of stealing them; he confessed there he had stolen four ducks, two turkies and a cock, from Mr. Ryal; he said, he had sold two ducks for half a crown; we took him before the justice; I called to Mr. Ryal, and told him of it much about twelve o'clock.
- ROBINSON sworn.
I bought the other two ducks.
Did the prosecutor ever see them after? - No; I bought them the 26th of December, in the evening, of the prisoner; I gave 2 s: 6 d. for the two.
Jury. What time in the evening? - About half past nine, it might be ten, or between nine and ten, it was somewhere there away.
I have nothing to say; have no witnesses; I am a soldier but received my discharge.
Tried by the First Middlesex Jury, before the Lord Chief BARON.
78. HENRY COXILL was indicted for stealing, on the 21st of December, 1781 , one collar of brawn, weight twenty-six pound, value 20 s. and one barrel of Pye-fleet oysters, value 2 s. the goods of Samuel Hannington .
I know the prisoner no farther than being taken up on suspicion; upon the 21st of December I lost one collar of brawn, and a barrel of Pyefleet oysters.
On the 1st of January, William Young came to me, and asked me if I had not lost a collar of brawn, and a barrel of oysters, I told him I had, he said he knew the people that took it away, I asked him if he would go and make oath of it before a justice, he said he would, we went, and got a warrant against three people.
I was at Mr. Hannam's house; I was going to fetch him a pound of tobacco; he lives at Charing-Cross; I was going up to Hedge-lane for it; he keeps the King's-Arms at Charing-cross; I saw these three men together at Hannam's, opposite the King's Mews, between the King's Arms and Black Horse.
That fish-monger's is Hannington's? - Yes; one of the men named Johnson asked me where I was running, I told him I was going up to Hedge-lane for a pound of tobacco, he asked me if I would have a pint of beer before I came back, I said I had no money, he gave me three-pence; I knowed the three men personally, but not their names; I saw them take some goods from the shop; I am sure the prisoner was one of the men; he used the King's Arms; I used it; I went on errands for him;
When did you know? - The next morning; I heard Hannam call the maid up to his room, and ask what it was they had got in the wash-house, she told him it was something she had got for these men to put in the wash-house, Mr. Hannam said do you want to get me or yourself to prison, he desired her to go and take it out of the wash house directly; she came down and asked me to go with her into the wash-house, I asked her what it was, she said she did not know, I went in, there was a barrel and some brawn I believe.
What is the prisoner's name? - Coxill.
What then? - They took it away; I don't know what became of it.
Did you see what they took from Hannington's? - I saw them take away a barrel, what it was I did not know, I did not know the name of the other thing.
To Hannington. Did you ever see the brawn after? - No; I never heard of it till the 1st of January.
Cross-Examination of Young.
I am a soldier; I was going by when the things were taken away, I had no notice till they took it out; I saw one cask and some brawn, I did not know the name of it.
You had some notice before of it? - No.
You did not ask for a share in the booty? - No.
Nor money? - No; - it was not the prisoner that gave me the money, the prisoner was in the street with the rest.
Did you ever call another person, and tell him you wanted him to give evidence against him? - No.
What did you do in consequence of suspicion, you gave no information of it to any body? - No.
Did you drink with the prisoner afterwards? - I don't recollect; I was in the same house with him some days after.
Did any thing happen between you and the prisoner to make this complaint? - He struck me, and called me bloody Scotch thief, I desired him to put his hand on his mouth; this was some days after.
Did not you say he might be a thief all his life, if he had not struck you? - No, I did not.
Nor that you would take care to do for him? - No, I did not.
To Young. Would you have prosecuted this man, if this quarrel had not happened between you? - I don't know that I would.
Did not you say so last night? - No.
For the prisoner.
Did he at any time call you to him respecting this matter before the Court? - Yes; he took me out, and persuaded me to go with him.
When? - Upon New-year's day.
Did he tell you he wanted you to give evidence against the prisoner, or words to that effect? - He did; he should get some money by it.
What did he say to you? - He advised me to go over the way to Mr. Hannington, the fishmonger.
To do what? - To swear against that man.
What was you to swear? - That I knew that the goods were taken away from Mr. Hannington's.
Did he offer you any reward or money for the purpose? - Mr. Hannington gave me six-pence.
You went to Hannington? - Yes; and Hannington gave me six-pence.
How did he describe the prisoner? - A man with a blue coat on, and a red collar; it was the same evening the battle happened, I was surprised at the requisition, and when I went up to the Justice's, I would not
You recollect perfectly well, the last witness Young told you, if you would swear against him you would get money by him? - Yes; I was present with him the whole evening, and I know him to be innocent.
How do you know he was innocent? - He was never out of the house, but sitting asleep from five o'clock till half after ten in Hannam's house, the King's Arms at Charing Cross. Young told me he should not have prosecuted, if it had not been for this quarrel.
He was sitting in the King's Arms at Charing Cross the whole evening? - Yes.
From what time to what time? - From five o'clock, I never was out the whole evening, nor the prisoner at the bar.
Why did not you say, I am sure that cannot be true, as I was with him the whole evening? - He inveigled me away; I went in and sat down, he called me out again.
Why did you go to tell a thing you knew was not true? - When I went to Justice Hyde's, I would not take an oath against him, I knew he was innocent.
He did not give you any evidence of the robbery? - No, he did not; he said the goods were at Hannam's house, and those three men were the men that robbed me.
That his suspicions led him to think so? - He said so that night, the first of January. We had a warrant drawn out for three people, their names not known, and Young, the soldier, brought this man over, and he said it was Henry Coxill , Ralph Johnson , and William Messenger .
The names of who or what? - The three men that robbed me.
Did he say the same at Hyde's? - He never was asked any questions at Hyde's; he went with me to take Messenger, and we could not take him.
I know the prisoner at the bar very well.
Was you with him on the 21st of December? - Yes.
Where? - At Mr. Hannam's, the King's Arms, from five till half after ten, he was in my company all that time, and asleep by the fire side.
Are you sure he never was out of the house? - He was never out of the house the whole time; he had not been in it five minutes before he fell asleep.
You know the prisoner perfectly well? - Yes.
What are you? - A Butcher.
I am a dealer in cloaths; I know the prisoner perfectly well.
Where was he on the 21st of December? - At half past six I was at the King's Head, Charing Cross, there I remained till half after ten; Coxill was in the house when I came in, and I left him there when I went away, at half after ten; I was in the taproom, and he likewise in the tap-room the whole time; I am sure he was there at half past six, when I came in, and there when I went away.
Are you sure he never was out for half an hour, or a quarter of an hour during that time? - I cannot tell that; the major part of the time I am sure he was in, when I went away he was asleep, with his head against the fire place.
To Castletine. Are you sure he could not have been out for a quarter of an hour? - I am sure he could not; he never waked, he was asleep the whole time.
You are sure he never was absent? - He never was awake, but asleep the whole time.
You are sure of that? - I am confident of it.
Tried by the First Middlesex Jury before Mr. Justice ASHHURST.
JAMES RILEY was indicted for assaulting Benjamin Bayley , on the King's highway, putting him in corporal fear and danger of his life, and taking from him one basket, value 2 d. one cloth, value 2 d. and three geese, the property of Messrs. Mott and Harris .
I am a porter ; the prisoner robbed me on the 29th of December , between the hours of eight and nine in the evening, I was sent to Islington by my masters Mott and Harris, from the Castle and Falcon, Aldersgate-street, with a basket and a cloth, the basket contained two geese, and the cloth one, the property of Mott and Harris; going up the Goswell-street road I met with this man and another, this man followed me, and presented a pistol to the side of my head, he said nothing; I up with my hand, and asked if he was going to rob or murder me, I called out murder, the pistol not going off, he throw'd it away with his right hand; I am not certain whether it flashed or not; he catched hold of the goods, and pulled them from under my arm; he said nothing all the while; I collared him, and in the scuffle he chucks the goods down, and said to the other, damn your eyes, why don't you pick up the basket? at the same time we both fell to the ground; his companion picked up the basket; stepping out of the road on the path-way I caught hold of the companion's leg, and threw him down as he was stepping out of the road, he jumps up, and ran away; he left the goods, and a young man came to my assistance; he asked me what was the matter; I had hold of the prisoner at the same time; I had the prisoner by the collar; it is the same man; the young man picks up the things; I asked him to lay hold of one side; we sent for a constable from the Blue-Coat-Boy, where we carried him; we found powder and ball about him, and we conducted him to prison.
Question from the Prisoner. Whether he shoved against me by the lamp-post? - No, my lord.
Whether ever I cockt a pistol at his head? - I cannot say whether he did or not.
Prisoner. I never attempted to touch him.
I had been out with a pint of beer, and was coming home, I heard murder cried much; there was two of them, Riley and his companion, and this gentleman they were robbing of; they were husling the prosecutor and Riley, I asked the young man, the prosecutor, what was the matter, he told me they had robbed him, that one was gone off; the prisoner was seized, and he never let him go; he charged the prisoner with an intent to rob him; he said nothing; he took him up to the Blue-Coat-Boy; they searched him there, and found powder and ball on him; a pistol was found opposite the place.
I found it; I am a watchman; I found this pistol.
Prisoner to Taylor. Whether I picked him up myself off the ground, and the last witness, this watchman, came up, and I never stirred.
Taylor. He did not.
Vernon. I know nothing farther than finding the pistol; I was called up to take charge of him till they could get an officer; after they took the shot from him, they tied him, and carried him to prison; we could not find the pistol that night, the next day I found a pistol in the middle of the road; ten yards from the place; the cock was down and the hammer up.
Is that a proof it had been snapped? - It is in the same manner I found it; there is a small ball within side; I found it in the Goswel-street road, loaded.
Prisoner. One of the witnesses said a ball; I want to ask whether it was loaded with shot or ball? - That is what I found in it. (A ball put out of the pistol.)
I never robbed him nor any man in my life.
I found about twenty-to of the same size ball in his pocket; I was sent for to
GUILTY . ( Death .)
Tried by the First Middlesex Jury, before Mr. Justice HEATH.
80. JONATHAN WYCHERLOWE was indicted for assaulting Elizabeth Filewood on the King's highway, on the 21st day of November last, putting her in corporal fear, and danger of her life; taking from her person, and against her will, one watch, inside and outside case made of metal, value 3 l. and one silk purse, value 2 d. and a crown piece, value 5 s. her property .
On the 21st of last November, as I was going to Little Chelsea , in company with Mr. Robert Lewis , we were stopped about half-way, between seven and eight in the evening, in the road by two men, they opened the door of the carriage of the post-chaise, and demanded my purse; I gave my purse, and at the same time I was a good deal frightened, and I gave my watch, it was metal.
What was in your purse? - A crown piece; the purse was silk.
What reason have you for charging the prisoner? - I had not the least memory of either of the men; not the least recollection; they went away directly after.
Did they call to the postilion to stop? - I believe they might, I did not hear it. The pawnbroker brought my watch to me.
What was his name? - Aldus.
When was it brought to you? - On Monday morning last.
Mr. Lewis. I was going from town to my house, at Little Chelsea, on the 21st of November last, with this lady, at nearly eight o'clock in the evening, and about the mid-way, between Little Chelsea and Hyde-Park-Corner , I observed a man run with great violence up to the off horse, he seized hold of the reins, and held up something to the postilion like a bludgeon; the postilion instantly stopped, and the man came to my side of the chaise; there were two ladies, and two gentlemen in the chaise, the other gentleman was the Rev. Mr. Filewood, and the lady, Mrs. Lewis; the man came to my side, and demanded our money, Mrs. Lewis instantly gave her purse; he demanded mine, I was not quite so ready, he desired I would make haste; it was loose silver; I did not see Mrs. Filewood's purse and watch given; I thought I had some recollection of the man, after the watch was stopped; I thought I had some knowledge of his face; I saw him afterwards when the watch was stopped; the prisoner was taken up; I went to the office to see him; I then thought it was the man that came on my side; there were two men; I saw but one.
Did you know both the doors of the chaise were open? - I did not; I cannot swear positively to him.
I live in Berwick-street; on Saturday the 22d of December last, one Thomas Price not taken, came into my shop about eleven o'clock in the forenoon, and asked two guineas on a watch; two quidees on a watch he produced; I did not advance it; on looking into a book, I observed the watch had been advertised, and some handbills I have here; I said, Tom, it is not your watch, it is advertised, with that he said, don't be slamming of us, give us the wath again; I said no, I don't chuse to do that; I said, I must see the owner before he had it again; instantly he said, if you are upon that, I will speak to Jonathan, immediately he runs out of the shop; I ran round the end of the counter, and went out and saw Jonathan, a person I knew very well, standing on the other side of the way; Price ran on one side of the way,
Mrs. Filewood produced the watch, and deposed to it, and said it was what she lost upon that occasion.
The Pawnbroker said it was the watch brought to him.
Has that watch been in your possession ever since? - Yes; I have known him sometime.
Were not the stables his, as he is a hackney coachman? - They belong to Palmer; I pursued both.
How did price escape? - It was dark, the stables run under ground; Price and the prisoner both run together.
Court. Did you see him standing still before he run? - I saw him opposite the shop.
Was that before Price spoke to him? - Yes.
Did Price speak to him? - They both run one hundred yards, and then joined.
Then they both ran before Price spoke him? - Yes.
Price had not spoke to him before they set out running? - No; I have known this man sometime, I never heard any harm before of him; I went round my counter, and saw the prisoner on the other side of the way; the counter runs up to the window.
I leave it to my counsel.
For the Prisoner.
I am a master hackney man; I live in Hampshire-Hog-yard, opposite the church; the prisoner I have known eight years; he lived with me two years; I never saw him in liquor, always a good servant when with me; he went and drove a diligence in the country; he was as good a servant as I ever had in my life.
I live in Brook-street, Holborn; I have known him seven or eight years, always knew him to be an honest industrious man.
I keep the Queen's Head, in Oxford-street; I have known him nine or ten years; always knew him to be an industrious, honest man, and never heard any harm of him in my life.
I have known the prisoner seven years; I am a bricklayer; I always knew him to be an honest man.
The second indictment for Mr. Lewis, the same facts.
Tried by the First Middlesex Jury, before the Lord Chief BARON.
81, 82, 83. JAMES BEACH , JOSEPH HALL and FRANCIS BURKE were indicted; for that they, in a certain field, near the King's highway, did make an assault on Sarah Stockden , and put her in corporal fear and danger of her life, and taking from her person, one pair of silver shoe-buckles, value 7 s. one pocket-book, value 6 d. and five shillings in money, her property .
I can with safety say I know all the three prisoners at the bar; I was robbed the 24th of December last, in the morning, about a hundred and fifty yards in the Duke of Bedford's private road, in the parish of Pancrass , between five and six in the morning; they took my buckles, a pocket, and a little box from my child, that was just come from school, with three new sixpences, and four or five shillings, some trifling sum.
Who robbed you? - The outside one took my buckles (Joseph Hall) they were
Are you sure he was there? - Yes; I am positive to the three.
Are you sure the middle one was there? - My husband is not positive against him; he robbed him as we crossed the road; they passed us; Mr. Stockden said I believe they are thieves; they are bad ones; they came back immediately, and took hold of us, and set my husband's face to Tottenham Court, and mine to Islington; I said I had a family of children; they blasted my eyes, and said, they did not care if I had twenty, they said money they wanted, and money they would have, and said my buckles were plated; they were going to sea, and blasted my bloody eyes, and said if I would not give them my money they would blow my brains out; they took my pocket-book, and four or five shillings in money, and all the halfpence I had.
From the Prisoner, Beach. What time in the morning, whether dark or light? - It was near six o'clock, neither light nor dark; I observed the colour of their cloths; I can be positive to Beach and Hall; I said at the public office, I believed them all to be the men.
Was you with your wife the 29th of December? - We live at Pancrass; going to Covent Garden, my wife was with me; three men passed us a little, five or six yards, as soon as they had, I walked about ten yards; I said to her, they are three thieves, I am sure, by their appearance; as near as I can guess it was about a quarter before six, or twenty minutes; it was light enough for me to discern them eight or ten yards.
It could not be day-light? - No.
Was it moon-light? - No; not as I know of; it was raining; as sook as I had spoke these words, two came behind me, and the other came fronting my face; they turned back, and bid us stop; they all three got about us in a hussle, and two began to search her pockets; I cannot say what money they took from her.
Which are the men? - Those at the bar; the little one took her buckles, that is Hall, I am certain of it; I am very certain to them all three.
Did you ever see their persons before? - Not to my knowledge.
The Prisoner. Why he did not swear to us when first taken? - I did; they were committed on my oath.
Did you swear to them the first day? - I did.
I am a constable; on the 24th of December I was sent for by the prosecutor, about nine or ten in the morning; he said he had been robbed, and he described the prisoners to me; we got up to them just at the end of Holborn, and I took hold of Burke by the collar, and another, and told them I had a charge against them for a footpad robbery; there were four in company; then with that they immediately blasted my bloody eyes; they gave me a blow, and drawed their knives, and fell cutting away, I scuffled with them, and we took two; the other two made their escape; I pursued Burke and Mowatt; he is not here; I took Burke, Beach, the tall one, gave me a violent blow with the but end of a pistol; I was hit about so, I almost lost my senses; the Bow-street people secured the other; he hid himself in a dark room, where there was a cart load of wood; I went up two or three time there before I could find him.
When Mr. Stockden told me he was robbed, I went to assist him; in Tottenham-court-road we saw Mr. Hall; he said that was one of the men; we watched him into a shop; he came out and went into the Fox and Hounds; we followed him in, and there we saw four men sitting on the seats; then Mr. Stockden looked at them, and he said, he could swear to three of them, but that he was afraid to engage them; he thought he had not help enough; accordingly he came out, and we went a hundred yards, and met Mr. Glover; Mr. Stockdendrew a knife, I struck the lad, and Beach had a knife drawn, he made a stroke at me, just struck me and no more; he got away at that time, I was not present when they took him.
- GLOVER sworn.
I took Burke and the red headed one, Grubb and I took him, I was doing a job in Oxford-road, I went to Mr. Haynes, and Stockden came in, I know no farther than Grubb has said; but I hit one of them three times over the legs with this stick.
I took Beach and Hall, the two outside ones, in Onslow-street, Saffron-hill, about eleven o'clock the same day, both coming down stairs together.
How came you to know where to find them? - A person told me where they lived it would not be right to mention here. I found nothing upon them at the time they were taken.
Beach puts in a copy of his commitment, only to look at them, he said, he would not swear against us the first day.
Prisoner Burke. We have one question to ask that witness in the white coat, whether they did not come twice into the public-house, without challenging us.
Court. The prosecutor said, he thought you were the men, but did not think they were strong enough, and went out again.
For the Prisoners.
The clerk of the arraigns read the examination before the Justice, which agreed with the evidence given by the prosecutor and his wife.
I keep the Fox and Hounds, I know nothing of the robbery, the prisoners came to my house, and said they wanted a pot of purl, I came down and gave it them, there were present the three prisoners, and three brewer's servants; the prosecutor came in with three or four more, and drank a glass of gin or pepper-mint, and went out for about a quarter of an hour, and then came back and drank something else, and went out again; and after they were gone out a second time, the prisoners went away; about ten minutes, or a quarter of an hour after, the three or four men came back, and asked me if I knew their names, I said no; they said they robbed this man this morning, I said, then why did not you detain them in the house, the prosecutor made answer, because I did not know them, I believe the one in the brown coat to be one.
You saw Beach about six in the morning? - About a quarter after, I was going into a house, the Crown ale-house, for a pennyworth of purl, I saw him come out, this was in Cow-cross, by Smithfield, near Hick's-hall.
Are you certain as to the time? - Yes; as near as I can think, I went in for a pennyworth of purl, and I looked at the clock.
Philip Bristol . On Monday morning before Christmas-day, about a quarter before six, or half an hour, I saw the prisoner at the bar, James Beach, I had a warrant against him at the same time, as I was going to Smithfield, I saw him in Cow-cross, it might be a quarter or half after six, I was going to the Bear and ragged Staff, in Smithfield, when I met him.
I was going to work on Monday morning,
Where is Long-lane? - By Smithfield.
Tried by the First Middlesex Jury before Mr. Justice ASHHURST.
84. FRANCES HART , was indicted for stealing on the 13th of November last, one piece of black silk mode, containing fifty-two yards, value 18 s. and one other piece of black silk mode, containing four yards, value 16 s. the goods of John Didier , privately in his shop .
What do you know of this prisoner? - I do not personally know her, nor that the property was taken away by her, all I know is, the property is mine, I can prove it, a young man that lives with me, John Davidson , can prove the fact.
Are you shop-man to Mr. Didier? - Yes sir; I do not know the prisoner. On Tuesday, the 13th of November last, I missed fifty-two yards of black mode and silk, about two in the afternoon; I am not positive, whether I saw it for two or three days before, I knew it had been in the shop the day before, Mr. Didier saw it then; on Tuesday the 13th of November two women came into the shop, strangers to me, it was before I missed the mode; as soon as they were gone out of the shop I missed it, in about five minutes after; neither of those women were the prisoner; I did not hear any thing more of the silk till the Friday, then a person informed Mr. Didier about it; I know nothing of the silk being found on the prisoner.
Mr. Didier called again.
Where did you find your piece of mode? - I came home on Tuesday between two and three, I had the mode in my hand the day before; when I came home I was informed a piece of mode had been stolen; on Friday morning I found it in the constable's hands, in consequence of an advertisement, I could not have sworn to it, but for my shop mark in my hand writing; I never saw the prisoner till after the robbery at the Justice's, I only know from Wolley, the constable, how he came by it; at the Justice's she said she found it, or picked it up, or something, she said two women put it into her lap as she was going along, she acknowledged its being found upon her.
Where do you live? - In Fleet-street, within a few doors of Shoe-lane.
I am the constable; I got this mode out of the prisoner's apron at Mr. Williamson's in Holborn; she said some woman had thrown it down in the street, and she had picked it up, I told her it was very odd, so dirty a night, that there should be no dirt on it; it was a very wet dirty night; I took it out of her apron, and by an advertisement we found the owner, he swore to it.
On the 13th of November these women came into my father's shop, I was backwards, but was immediately called, and just as I came in, they went out on some frivolous pretence, I followed them, and going towards Gray's Inn-lane, they crossed over, and the prisoner was watching them, it is narrow there; I saw her open her apron and the woman popped the things into her lap; I stopped her, and asked her what she had in her apron, she said old cloaths; I desired to see them, and the first thing I saw was some silk stockings and chintzes of my father's, with some other things of a neighbour's.
Court. Though it is very clear this woman did not come honestly by these goods,
Tried by the London Jury, before Mr. RECORDER.
I was invited to dinner on Christmas day, I hung my cloak in the kitchen, next the fire place, with my bonnet at the top of it, there were several of their friends; a little after ten this fellow came in, there were several people there, and he pushed open the door, and hitched the bonnet off my cloak, and took my cloak away; I did not see him take it.
I was in the kitchen, it was about ten o'clock; this man came down the entry, and pushed the door open, and came in and took the cloak off a hook, five or six people more were there; he came round the bar that is by the kitchen, and took the bonnet and put it on the bar door, and whipped the cardinal off.
Court. Do you mean to say he did it openly before all your faces? - Yes; I went after him, and he dropt it.
Jury. Did you see him drop it? - I did.
Can you swear to seeing him drop it? - I can.
Court. Did he come in softly or openly? - He came along the entry, he came into the kitchen, and pushed the door open, and came in; there is a kind of a round at the bar, and there were two cardinals hanging and the bonnet, I saw him, and he saw all us; I followed him, and laid hold of him, and he dropt the cloak immediately; he said nothing hardly, only that he had lived by thieving several years.
Court. Was he drunk then, or out of his senses; did you see. Mrs. Napper take up the cloak afterwards? - No; it was brought into the tap-room by Mrs. Napper, I did not see her take it up, but I am positive it was the same cloak, I saw her hang it up, I saw it on the nail.
Court to Mrs. Napper. Where did you pick up your cloak? - Out at the back door under the bench, I have the cloak here now; he begged my pardon, and begged me to be merciful, he said he never was brought up to work, he deserved to be hanged years ago, he is a noted thief.
I was obligated to be at work, my master had a contract for government; I know nothing of the matter, but that it is my property.
My lord, I was a customer at the house for beer, I came in and said to the old gentlewoman, I want a pot of beer and change for a shilling, and the gentlewoman said you have dropt something, I said I had dropt nothing; then I went into the taproom, and the gentlewoman said that is what he has dropt; I said do what you will with me, and they took me up, and sent for the constable, he said I must go with him to the Compter; then I went before the Lord Mayor, he asked her if it was her cloak, she said she valued it at half a guinea; he asked her if she could prove I dropt it, she said no; the Lord Mayor said I commit this man to the Compter, they called the landlord, he said he knew nothing of it. I know no more of it than the child unborn; I have four witnesses below, I cannot read English, their names are on this paper, Myles, Daniel, Cole, and Hendricks.
Who put the names down on that paper? - I cannot tell who he was.
What are you? - A corn doctor; I have known the prisoner a great many years, he is my nephew, it is my duty to appear for him, I never knew him to be before the face of a magistrate in his life, he always bore an exceeding good character; I know nothing of the other witnesses.
Court. This story is certainly a very odd one, that this man should deliberately take the bonnet off the hook, lay it down, and take the cloak, and carry it off before their faces, is something very extraordinary, and the account he gave of himself, that he got his living by thieving, and deserved to be hanged twenty times, is more extraordinary; the prisoner has given no answer to that, only one witness has appeared for him, his uncle, and knows nothing against him; you will form your own judgment of the case, and if you have any reason to doubt of the evidence you will acquit him.
Jury. how do you get your living?
By selling lemons, and sometimes cloaths; get 10 s. or 8 s. a week.
Tried by the London Jury, before Mr. RECORDER.
86. WILLIAM DEDROSS was indicted for stealing, on the 11th of December last, one wooden firkin, value 4 d. and fifty-six pounds of butter, value 20 s. the goods of Thomas Pearson , and Richard Modsley .
On Tuesday, December the 11th, about half past three in the afternoon, I had been out with a load; just before I came home I met a man with a firkin of butter, he was in a very great hurry, the prisoner is the man; I looked round, I saw it was my master's property by the marks; I ran into my master's house to know if they had sold a firkin of butter to a strange man, they said no, then I ran after him, and took him with the firkin of butter, and held him till the officer came to assist me; I took him to my master's house, he rested on a post, he was tying round his blue apron as I suppose to hide it; I asked him what he did with it, he said, let me go, let me go, you have got the firkin of butter; I knew it to be my master's butter, by H. O. R. in a chalk-mark.
Prisoner. My lord, the firkin of butter was put down in the corner of the street, and I took it up, and carried it to the post on purpose for somebody to own it; I did not take it out of the shop, nor never stole it, have no witnesses.
Tried by the London Jury, before Mr. RECORDER.
87. GEORGE GAUGH was indicted for feloniously stealing, on the 20th day of December last, one flag basket, value one penny, and fifty pound of raisins, value ten shillings , the goods of William Frampton , John Thompson , and James Devereux Hustler .
I am a weaver, a manufacturer; on the 20th of December I was going through Bishopsgate-street, and by the Black Bull, I stopped for a cart to come out of the inn; about one in the afternoon, or a little after, just behind the dark part of the gateway, I saw a man who is the prisoner, with a basket of raisins in his hand, and was walking very fast, he was coming out of the gateway, after the cart, and was going out by Mr. Macmurdo's, he turned directly to go towards Threadneedle-street, in consequence of that I called to the carman, and he went up to the man, and took the basket, and asked him what he was doing with it; I saw him do it; I asked the car-man why he did not take the man as well as the basket, but he kept to his cart; I followed the man, who took to his heels; I did not lose sight of him till the turning;
Court. You have no doubt but that is the same man, quite sure of it? - Quite sure, no doubt at all, I have made an affidavit before my Lord Mayor.
I am porter to William Frampton , John Thompson , and John Hustler , they keep a grocer's warehouse , No. 34, Leadenhall-street, I went with the cart to Bishopsgate-street , first to the Waggon and Horses, then to the Bull; when I was coming out of the Bull Inn, and turning the corner, I cast my eye back, and saw a man with a basket in his hand, I thought it was a basket out of my cart, I knew there was such a basket in my cart, I had five of them with the same mark, I ran up to him and said, did not you take this out of my cart, no, says he, you dropped it out of the cart, I snapped it out of his hand, and ran after the cart, it was facing Mr. Macmurdo's door, as near as I can guess, the man was got about ten yards, he was going from the cart, I turned to the left hand to go to the Green Dragon, he turned to the right, the basket was my master's, I could not swear to it, if it was not for the directions, but I am very clear of it; the directions were, Thomas Day , Saffron Walden.
Was it so placed that it was likely to fall out of the cart? - I cannot say; I should think it was not.
Prisoner. I am porter at the four swans, Bishopsgate-street, I was in that Inn yard at half past one, I went with an order of Hinde's and Butterfield's, I saw nothing in Bishopsgate-street; as I was coming back, the turnkey of the Poultry, said, I must go with him, I told him my name and my business; this gentleman said, he saw a carman take a basket off my back, I was very contented, I neither saw the basket nor the cart.
Court to Davies. Are you sure you can now swear to the prisoner's person, you had but little time to observe him? - I remarked a little mark on his cheek, I am clear is the same man.
Jury. When did you see him again, how long was it? - It might be an hour very likely.
To Coates. How long was it from the time you lost sight of the man, when you went to the Compter, till you took up the prisoner in Cheapside? - I believe five or six minutes; we took him up a little beyond the Old Jury, but a little from the Compter, the man threatened me, says I, my friend I think I am very clear, because I passed you, he said he had been at Hinde's and Butterfield's, as he tells you now, I went to them knowing them, they said he had been there, in that he has given you a true account; I am very glad you asked that question because it made me recollect.
To Coates. You met him again returning that was between Hind and Butterfield's and the old Jury? - Yes.
Are you sure and positive as to his person? - I am very clear in it that it is the same person; I immediately followed him, I did not lose sight of him, but just at the turning of Threadneedle-street; I overtook him without running, because I thought it would only alarm him, then I looked at him, I verily believe him to be the same man, I looked at his face, his coat and his stockings, he had very brown stockings on.
You learned that he was a porter at the four swans? - Yes, sir; I went there.
To Coates. Was the prisoner's hair tied behind or not? - I cannot say.
To Davies. Did you observe that? - No.
I am publican at the end of Bedford-row, I know the prisoner, have known him many years, he bears a very good character; he is a porter at the four swans, he was servant to me two years, he served me faithfully.
I have known the prisoner two or three years, he is a sober, honest, industrious man, his mistress would give him an excellent
Tried by the London Jury, before Mr. RECORDER.
88, 89. GEORGE PEACH , otherwise ADAMS , and THOMAS OSBORNE , were indicted, for breaking and entering the dwelling house of William Luckhurst , upon the 9th of December last, about the hour of nine at night, and stealing two cotton counterpanes, value 50 s. one linen coverlid, value 12 s. nine woollen blankets, value 50 s. three bed curtains, value 20 s. two oval dressing glasses, value 40 s. and a pier glass, the value of 30. the goods of the said William Luckhurst .
I keep a turner's shop at the end of Bedford-row , I had my house broke open on the 9th of December last, on a Sunday, I cannot tell the hour; the next morning I found the kitchen window broke open, and the bar broke, I was coming to that house, I did not lay there; one square of the window quite out, the other almost, and a little way the other stood open.
What time in the morning did you observe this? - Between nine and ten o'clock; when I went into the house, I missed the things in the indictment, (he repeats the things in the indictment).
When did you see them last? - In the day I was all over the house, about twelve, and on the Monday, I heard the oval glass was stopped, at Justice Blackborrow's, there was an oval glass there, four blankets, and three bed curtains.
Were they your property? - Yes; I know the curtains by a particular tuck in them, the glass I know, I had been fitting a new key to it, the glass had lost its key, there was a drawer to the dressing glass, the scutcheon was out of the key-hole; I had another like it, they were both taken away, I have a witness to prove they were taken in the prisoner's custody.
I am a constable, on Monday the 10th about half past eight, we had been to Smithfield, I saw a coach stop at a certain house, near a public-house, the sign of the Sun; I saw the tallest, Osborne, jump out of the coach, I was twenty yards from it, I said there was something suspicious in his loitering about; he whispered to the other prisoner who was in the coach, they did not both come out, Osborne went right down the street; I looked in at the coach door, and saw the bundle there, Osborne made off, I am not positive he saw me or not; I continued there some time, I said I had a right to come in, and what have you got here; Peach said, what did I want there, I ordered the coachman to drive to Justice Blackborrow's, with Peach in it, he was examined, and committed for a farther examination; there are the things I found in the coach with them, afterwards Osborne was taken.
Prisoner Osborne. Ask him if this man was in the coach with me when he took me? -
Court. He says he saw Osborne go out of the coach, and only you and the bundle in it.
Prisoner. Can you swear Osborne went out of the coach? - I am positive sure of it.
The constable produced the things, and said they had been in his custody ever since.
The Prosecutor deposed, they were his property, I know the bed curtain by the tuck in particular, and the pattern, the glass I can swear to, the scutcheon is on the drawer.
Is there any thing else you know to be yours? No; they found no more.
This was the next day you saw them? - Yes.
I am a taylor, on the 10th of December, the Monday Isaacs and I were coming down Cow-cross, I saw Osborne looking out of a coach, this was about half after eight, and Mr. Isaacs says, do you think there is any thing there not their own, I said yes; the coach stopped at Cow-cross, Osborne got out of the coach in Cow-cross,
I was called the first coach, I was plying in Holborn, near King's gate-street end; I cannot say the day, or the day of the week, it was some time last month, I cannot say the day, it was near the Vine Tavern.
Who called you? - It was one of the two gentlemen at the bar, and took me to the bottom of Newtoner's-street, and desired me turn down on the left hand side to Parker's-lane, I did so, there the two prisoners brought a bundle and a glass.
Are you sure they are the same persons? Yes; they ordered me to drive into Turnmill-street, Clerkenwell, and from thence to White chapel, and back again to Turnmill-street, and when they stopped me in Turnmill-street, Mr. Blackborrow's men came to me at the coach door; I never saw them before that day, I carried them to Justice Blackborrow's.
I have nothing to ask.
I have nothing to say, I have no witnesses.
Court. To make it a burglary, it was necessary the house should be broke open in the night time, not only when the sun was not up, but when there was not light enough to discern the lineaments of a man's countenance; it does not appear it was done in the night time, and as to the capital part of the indictment, the burglary, you will acquit them.
Both GUILTY of the single Felony only .
Tried by the First Middlesex Jury, before Mr. Justice HEATH.
90. JANE MOFFATT was indicted with DANIEL MURPHY , not yet taken, for stealing, on the 4th of December last, one watch, the inside case of metal, and the outside case called Egyptian pebble, value 7 l. another watch, cases of silver, value 3 l. two mourning rings, set in gold, value 20 s. two plain rings in gold, value 10 s. two punch ladles, made of silver, value 25 s. two tankard covers, plated, value 10 s. and a tortoiseshell tobacco box, value 20 s. and sixteen guineas in money, the goods and monies of Benjamin Bayliss , in his dwelling-house .
On the 4th of December last, between seven and eight o'clock at night, I lost about sixteen guineas in gold, four gold rings, two mourning rings, and two plain ones, two watches, one a metal watch, gilt, with an Egyptian pebble case, one plain silver watch; two punch ladles, silver, whalebone handles; two plated tankard lids; a tobacco box, silver and tortoishell, a tortoishell box, mounted with silver.
When did you see them there? - With respect to the money, I took 10 l. from it the Saturday before; I left the money in the drawer then, and the silver watch and the rings were in the bureau where the money was.
Where were the other things? - The other watch my wife wore, it hung up at the head of the bed; I believe the ladles and tankard lids were in a chest of drawers.
When had you seen them? - On Saturday night; I had the key of the bureau in my pocket.
You say they were taken on the 4th of December; what was your reason for saying so? - There was a parish meeting, I am a vintner, the meeting was at the committee-room at the Work-house, I was there, my wife sent for me home, as soon as I came home, they told me I had been robbed, I went up stairs, found the bureau opened, and the drawers pulled out; she began to tell me how she had been robbed, this was near eight o'clock; our reason for charging the prisoner is, my servant saw Daniel Murphy come down stairs, and this woman brought some fish to the house, and begged to have them dressed; she came in before I went out, between six and seven o'clock.
You are a vintner? - Yes; I keep the King's Arms, have kept it fourteen years; she came in, and desired to have them dressed for a prisoner over the way; there is a lock-up house there; we first refused it, at last my wife agreed to it, knowing some little of her.
Why did you think she took the things? - My wife had some suspicions of her; I know nothing more than her coming with the fish.
Were the goods found? - No; nothing has been found.
Mr. Bayliss has given an account of the things lost, now give the reason why you charge the prisoner; on what day did she come, and what time? - On the 4th of December, between 7 and eight; she brought some fish in, and asked me if I would chuse to dress them for a prisoner over the way; I told her Mrs. Kendray would be angry, she said is wae to save her trouble; when I had dressed them, she said they must be sent over the way, and then she went away, she told me she would let me know the time they were to be done; in a quarter of an hour she came back, and said if convenient she would have them done; I was going into my room, she met me at the door, and said she would like to have them done; at the same time I heard a noise above stairs, she was below; when she said she would have them dressed, I went in again, they were cleaned and put to boil, the servant was reaching the butter; the prisoner asked what must it be for dressing, I said nothing; she said there must be some butter, I said that must be a penny, she went away, and came again, and said there must be an anchovie, then she went away again, and came back, and said she wanted a pennyworth of bread, and then went away, I saw her no more, she did not go up stairs.
Did any body see Murphy come down stairs? - Yes.
Did nobody see her up stairs? - No.
Court. Then nobody saw her in the house, and none of the things in her custody, and only merely going in or out for a common purpose? - No; but we accuse her of keeping me stairs, while we were robbed.
You are a servant of Mr. Bayliss? - Yes.
What account have you to give? - I had got a great suspicion, on Monday the 3d of December we had a benefit club, the prisoner came in, and was list'ning on the stairs.
How many came on the Monday night? - There might be thirty people; I saw her about eleven at night on the stairs; she asked for a man and a woman with a light colour'd cloak, she went away in ten minutes, she came through the house to the back door; I bolted that, she asked me if that was not the way to Lincoln's Inn, I said turn the corner.
Is there a way through the house? - Yes.
Did you ever see her go up stairs? - No; the Monday night I saw her on the stairs, she came back and forwards, I saw Murphy come down stairs on the 4th of December, my mistress sent me to stop him; when she said she was robbed, the prisoner was standing still opposite the door, after the house had been robbed that instant; she bid me go and see to find Murphy, she supposed he had taken the things; she said something as I was running after Murphy, I don't know what it was, I thought she was connected with it.
Why did not they take her? - They were flurried.
Prisoner. In respect of being on the stairs on the Monday night, I never was near them in my life.
I have no witnesses in the world to the matter, as I was very innocent of the affair; if you please to call my landlord, Mr. Cole, a person I lodged with sixteen years ago.
John Cole . I am a carpenter in Great St. Andrew's-street, I have known the prisoner at the bar 14 or 15 years, she lodged with me five or six years, and paid me honestly and justly, I never heard any thing amiss of her.
Tried by the First Middlesex Jury before the Lord Chief BARON.
91. ELIZABETH FAGAN was indicted for feloniously stealing, on the 13th of December last, two yards and an half of woollen cloth for a cloak, value 7 s. 6 d. the goods of Louis Lejeune , privately in his shop .
I am wife of Louis Lejeune , the prisoner and another came into the shop, at No. 8, Broad-street, St. Giles's , the 13th of December last; they asked to look at some caps; three of those cloaks I had just cut out, which laid upon the counter, in the mean while I was shewing the other party some caps, the prisoner at the bar got the cloak under her cloak, these two yards and a half of cloth that was cut out for a cloak; she was not gone out of the shop one minute when I missed my cloak; I immediately ran out in haste, in pursuit of them, but could not see them. I called at Lane's the pawnbroker's, in Holborn, and asked if such a thing was pledged, they answered no; and from thence I went to Drury-lane, to another pawnbroker's, and asked if such a thing was offered there, they said no; I returned home, and took a piece of the same stuff to Mr. Weston's, the corner of Hyde-street, and they answered no; I was going down Holborn to enquire farther, and the prisoner and the other was just opposite to Smart's Buildings: as soon as I perceived them, I jumped across the road, and laid hold of her by the hood of the cloak, and asked her what she had done with my cloak she took off the counter; with that I put my hand round her neck, and under her left arm, and took the cloak from her; with that they made a snatch at it, to get it out of my hand, and betwixt the scuffle she got it a little to the ground; I called out for assistance, and held her by the cloak till I got assistance; her partner said you have got your property, why not let her go; she scratched my hand, I had the marks on for a fortnight; I took her before a Justice, I kept the cloak ever since, this is it, it is my property, I had put it on the counter, the value is 7 s. 6 d.
I know nothing about the cloak, I never see the cloak before; I have no witnesses.
Court. The stealing it privately is a capital offence, if above 5 s.
GUILTY, value 4 s. 10 d.
Tried by the First Middlesex Jury before Mr. Justice ASHHURST.
On Wednesday the 12th of December I took up two trunks to carry to Upper Clapton , I keep the King's Arms there, and I keep one of the short stages; they were to be carried to Mr. Rigby's, at Upper Clapton, I tied them on behind the coach with a double rope; when I came to my own door, and got off the box, I looked behind before I let a lady out that wanted to be set down, there was one of the boxes missing,William Wheeler took the horse, and pursued it; the horse only returned to my yard in three minutes without the rider; as soon as ever he saw the man, he alighted off the horse, and took him; we went down the road, and met Wheeler with the trunk on his shoulder, and the man in his left hand, the prisoner at the bar; we had no constable there, and we put him on the box between us; as we were going by Upper Clapton, he nestled down rather behind; my man said, you have dropped something, he said no, I got down and found this knife; these are the ropes, it was cut in two, it was put double round the end; he had but little excuse, he said he found the trunk, and we o ught to be obliged to him for taking care of it.
I pursued on horseback; my master called me out of the yard, and bid me take a horse and go after the trunk he had lost; I went immediately and found the man, and the trunk laid in a ditch, about two hundred yards from my master's house, it was not quite a quarter of a mile, he was in the road talking with a woman.
You saw him in the road talking with a woman? - Yes; I saw the trunk lay in the ditch, about seven yards from him; I got off and seized him, and let the horse go immediately.
What did you charge him with? - I had a suspicion he was the man that cut the trunk from behind; he made a piece of work, and said it was not him, and he would give me a punch in the head, and such like as that; a gentleman came up to my assistance, and laid hold of one side of him, and we insisted on his coming with us; I saw a man go over a gate in a blue coat, before I saw the trunk, about three or four yards from it; the prisoner was nearest to the trunk.
How came you not to suspect the man that went over the gate? - Because he ran across the field, and my horse could not go there.
It is a trunk belonging to my son at school.
Court. It is laid properly as being the property of the coachman.
About two o'clock I was walking out, on the 12th of December, I saw the prisoner take a trunk from behind a coach, roll it on the road, then put it into the ditch; I saw him take it from behind the coach.
How far did he carry it? - It might be a yard or more; he rolled it on the road, and put it into the ditch; there was a man with him in a blue great coat; then he came over to talk to me, and asked me if I wanted any thing, I said not with him, at the same time Mr. Larkin's man seized him.
How long might it be after he took it from the coach the man came up? - A very few minutes; I was walking with a child that walked very slow; I told Mr. Larkin's man as soon as I saw him; I said I saw the man take the trunk off.
Court to Wheeler. How came you to tell me nothing of what the woman told you? - When I came up the fellow was talking to her; she did not tell me just directly; she was in the road, he was nearer the trunk, she was in the path; when I came up to him, a gentleman and lady came up, he came to my assistance, and she told me then she saw him take it, and put it in the ditch.
She says she saw me roll it out of the road; says she saw that young man take it out of the road, and put it down there in the ditch, and as soon as that man came up to her, I went up and asked her if she wanted any thing, as I thought she might have heard something of it; she said no; I stood there, it was twenty yards from the box she says, and it was not seven yards; she told him at first she saw me roll it out
Tried by the First Middlesex Jury, before Mr. RECORDER.
I am a nursery man at Brompton ; I have two partners, John Harrison and William Smith ; I lost two bundles of garden mats on Saturday the 8th of December; I set two men to watch, Simon Abbot and David Williamson , a little after nine, and they brought the prisoner whom they had detected stealing the mats.
You was set to watch in Mr. Hewitt's grounds on the eight of December? - I was; on Saturday the 8th of December I was watching from a little after six to about seven; the prisoner went up into a window, to Mr. Hewitt's warehouse; I suppose it is about fourteen foot high; he got up the tiles of a shed, where there are coals kept, and he put out two bundles of mats to take away; it was dark we could not see them; but I saw him go up the shed; then I went to call my master Harrison; he was not in the way; while I was gone he came off the tiles, and my partner took him; I knowed him when he came down again, as he lived at Brompton.
I watched with the last witness; presently after we were on the watch, I was in the shed, the prisoner scrambled up upon the tiles of the shed, and went into a little hatch-door that goes into the warehouse; I saw him go up the tiles, but did not see him go into the door; he brought out two bundles of mats, and put them down on the shed, and laid them so that when he got down he might reach them; I went out of the shed, and secured him; laid hold of him as he was coming down; he made this excuse, he wanted lodgings; this was the very man I laid hold of; he has not been out of custody since; we went and brought the mats back again; I knew they were my master's.
I had been to Wimbledon; I was tired, and went there to rest myself an hour or two; as I was afraid of the dogs there, I did not stand up on the tiles, nor go into the window they speak of; I have no witnesses; they never saw me meddle with any thing of these people's property.
Were the mats on the shed, or in the warehouse? - They were in the warehouse, not upon the shed.
Jury. Is that the usual way of putting out the mats from the warehouse? - No; it is not.
Tried by the First Middlesex Jury, before Mr. RECORDER.
The 3d day of this month, about eleven o'clock in the forenoon, my wife hung three great coats up to dry, they had been wet; they were hung by the front of the house; in a quarter of an hour after she missed one out of the three; she
As I was at work for Mr. Dear, my mistress told us to pursue after the great coat, it was taken away. I and another man went towards Newington; I enquired of a man that I met, whether he saw a man, he said no; I was going over the bridge, and saw this man with the great coat wrapped in his blue apron, under his arm; I catched him between John Butcher 's and the Bull, at Stoke Newington; there was two more with him, when I stopped him; the others were taken but discharged. This man said one of those was to give him six-pence to take it to Shoreditch; as soon as we got the constable we carried him to the justice's; Mr. Dear has the same great coat on him now, that I found upon the lad; I am positive of it.
A man gave me the coat to carry; he was to give me sixpence to carry it into Shoreditch. I have no witnesses here.
Tried by the First Middlesex Jury, before Mr. RECORDER.
95. MARY TAUNTON was indicted for stealing, on the 2d day of January , inst. thirty-nine yards of black silk lace, value forty shillings, the goods of John Barlow and George Coleman , privately in their shop .
BLACKETT WALLACE sworn.
I am a silk mercer, a shopman to Mr. John Barlow and George Coleman , at No. 2, Cranbourn-passage ; on the second of the month she came in to buy a petticoat; I came down from dinner, this was between two and three, I went into the back shop to serve her, there were three cards of lace lying upon the desk.
Did they lay there when you served her? - No; I had seen them when I went up to dinner; and there was no person came into the shop but her; there was no coat in the shop to please her; she bespoke one, and went away, leaving her directions; I missed a card of lace as soon as she was gone out; missing it I suspected her, and went after her a few doors, and I saw about half a yard hanging from her petticoat, dragging on the pavement; I went and laid hold of the lace, and desired her to step back; she came back and dropped the lace upon the shop floor, she dropped it from under her coats; she had a long cloak on; she begged for mercy.
What did she say besides? - She said she had a child of six weeks old, and begged for mercy for the infant's sake; it was the first offence; the child was not with her.
Did you see her take the lace? - No; I am certain I did not see her take it.
Where is the boy? - He is not present; he did not see her take it he says, he is sixteen.
You did not see this card of lace on the desk after you came down? - No.
Are you sure it dropped from her? - Yes; it has been in my custody ever since; I know it to be my master's, it has his shop-mark.
Might not a card of lace of that bulk stick to the lace of her cloak? - It was not near the desk; I saw her at the end of the counter; she had no occasion to pass by the desk to go to the back room.
I had some witnesses, but they are gone, they did not think my trial would come on; I am not guilty of the crime; I did not take it; I am eighteen next October.
Court By a particular act of parliament this offence, as laid in the indictment, against the prisoner is of a capital nature, and if you find her generally guilty, your verdict will affect her life for stealing privately in a shop to the value of five shillings
GUILTY . ( DEATH .)
(Recommended by the Jury to mercy.)
The shopkeeper said his master desired the court to be as merciful as possible.
Tried by the First Middlesex Jury, before Mr. RECORDER.
96. JOHN TURNER was indicted for feloniously assaulting Robert Roberts on the King's high way, on the 27th of December , and putting him in corporal fear and danger of his life, and taking from his person, a guinea and a half, and a shilling, and a silk handkerchief, and a tobacco box, the goods and monies of the said Robert Roberts .
I was going down Fleet-street, on the 27th of December, there was a woman seemed to be indisposed; I asked what was the matter; a man said, that is my wife; I said I don't want to hurt your wife, you are welcome to a glass of any thing; we went to a house, and the prisoner was there; I went towards home; they followed me; the prisoner said to get away from that man, you had better get a coach; as a coach was got I ordered a man to drive to the Golden-Cross, at Charing-Cross; immediately the two men got into the coach; I was a little flurried in going up the Strand ; I missed the silk handkerchief; I suspected the man; I told them I had lost my handkerchief; I did not seem frightened; the coach stopped at the end of Piccadilly ; I was going to pay the coachman; the prisoner laid hold of my hand, and made a snatch, and took a guinea and a half from me; I catched him, and held his right hand fast; it rather sprained my hand; the other man run off.
You first met with another man talking with a woman? - Yes; I spoke to her, and he said, that woman is my wife; this was on the 27th of December; I said, I did not mean any harm to her, you are welcome to a glass of any thing; I did not know that any house was open at that time; it was about three o'clock in the morning.
You say you ordered the coachman to drive, where? - To the Golden Cross, at Charing-cross.
When you called it first, why did not you refuse to let the men go and tell the coachman they were not of your company? - I was much flurried, I did not know what to do.
Was you sober? - I was not drunk, I was sober enough to know what I was about.
If sober, you would hardly have gone with them? - I only suspected one of them, I could not tell whether the other was his friend or no, I was at a stand, and did not know what to do, I never was in such a situation.
Is it possible a sober man could act in such a manner, if you suspected one, then you was three to one, you might have objected? - I certainly knew what I was about.
How came you to let the coach go on to Piccadilly? - I don't know, when I quitted the coach, I took my money out to pay the coachman, I had one shilling and sixpence in silver, the prisoner snatched out of my hand a guinea and a half, and a shilling.
He did not demand your money? - No.
Nor produce a weapon? - No; my handkerchief was taken out of my pocket in the coach, nor my tobacco-box, I did not miss that, the other was forced out of my hand and nothing said, I held the prisoner fast till the watchman came up.
I am patrole watchman in the winter, my partner and I go two and two together; about the 2d of December we heard a noise the corner of the Hay-market, near the Lemon Tree; when we came up, he said they have robbed me, says he, take hold of that man, I ran after him, could not catch him, they took him to the watch-house, and found this tobacco-box and
Prosecutor deposed to the box, which was taken privately from him, and the handkerchief.
I was at a house and called for a pint of purl, and this other man was drinking there, as soon as I drank my purl, I went out of the house to go home, I overtook this gentleman at the bottom of Ludgate-hill, he was reeling about, much in liquor, I advised him to go home, he would not, I joaked with him, I said I suppose you are like me, says he, what do you mean, says I, are you locked in the street, no, says he, but I don't chuse to go home to disturb my family and servants; another man came up, and he said, I don't want you, the gentleman was much in liquor, he did not know what to do, we got a coach, and got into it, he pulled the tobacco-box out, and it dropped down, he was very much in liquor, and with the movement of the coach he fell asleep, instead of putting his handkerchief in his pocket, he put it down on the seat of the coach; I called to the coachman, and said there was something dropped down in the coach; I stooped and picked up the handkerchief and box, he put them in my pocket, he was very much in liquor, he could hardly get out of the coach; when he got out, he pulled out a shilling, and a half guinea, and some half-pence, I said, I had some silver and would pay it for him. I thought the gentleman would forget, I had laid out the eighteen-pence for him, and I took the half guinea out of his hand, says he directly you have robbed me, says I, I have got none but your half guinea as security, if you give me the eighteen-pence, you shall have it directly, no, says he, you have robbed me. I gave him the half-guinea again, he said, I had robbed him of three or four guineas; I had but one guinea about me, with some silver, I paid the coachman. The next morning they asked me how I came by the tobacco box, and the handkerchief; I told them the same I do now to you. They would not hear me, I have no witnesses here, they are gone, I asked the coachman, I said have you seen me rob the gentleman? No, says he, the gentleman is drunk and mad.
Court to Prosecutor. Why did not you bring the coachman, Mr. Roberts? - I did not speak to the coachman.
Why did you not take the number? - I did not take that; as soon as I took my money out, he seized my money.
Court. The charge in the indictment, is a highway robbery. In order to constitute that, it is necessary either the property should be actually taken from the person who is robbed, by force or violence; with the use of weapons, or with force and violence, or that it should be delivered by the person, in consequnce of the fear of some immediate personal attempt to his life or person. With respect to the handkerchief and tobacco box, found by the watchman, there is no pretence for supporting the indictment, for they were certainly taken, if not found, as the prisoner says, in the coach, but taken from the prosecutor at all, they were taken privately without his perceiving it; that is an offence of a different nature, and there is not the least pretence for saying he was robbed (in a legal sense) of his tobacco box and handkerchief. It does not seem to me that there is evidence enough to constitute a highway robbery; there was no demand of money; no threat used by the prisoner; no weapon produced to put the prosecutor in fear; the prosecutor did not deliver the money, nor was it taken from him by such force and violence as would endanger his life and person, but upon drawing his money out of his pocket himself, and holding out his hand for the purpose of paying the coachman; the prisoner snatched it out of his hand; though that is clearly a theft and felony, it is not in point of law, a highway robbery; and therefore I don't think upon his own evidence, the prosecutor has proved sufficient to warrant the indictment. It was taken
Tried by the First Middlesex Jury, before Mr. RECORDER.
97, 98. FRANCIS CURTIS & JOHN COLEMAN were indicted for feloniously assaulting William Duncombe , in a field, near the King's highway, on the 6th day of December last, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 3 l. one base metal watch key, value 1 d. one enamel'd ring, set in gold, value 12 s. and five guineas and an half, the goods and monies of the said William Duncombe .
I cannot positively swear to Curtis; I was coming from High gate, on the 6th of December, about four in the afternoon, on foot; it was in the fields between Kentish-Town and Pancrass church where I was stopp'd; the first past on, I met a tall man in soldier's cloaths, I heard him bid a woman good night, about 40 yards further I saw Coleman, another soldier, and he came up to me and took me by the collar, they were both in the regimentals; he laid hold of me with his right hand, he spoke, he said your money Sir, for by God us soldiers want money; I told him I hoped he would not use me ill, and have my money too, I put my hand in my pocket, and gave him a guinea; I cannot say the words he made use of, he was sure I had more, and he put his hand on the outside of my pocket, in the mean time the other who passed me first, came up and with his left hand he got hold of me by the collar, I had no opportunity of seeing him, he stood rather sideways, Coleman and I were face to face for some time, then Coleman obliged me to give him four guineas and an half more, and a ring that was in my pocket at the same time; I asked Coleman for the ring, I said, Coleman give me the ring, it was given to me yesterday, it was a mourning ring, he swore I should not have it; then the tall man, Curtis, asked for my watch, but he put his hand under the flap of my waistcoat, and drew it out; Coleman said this will do, damn my eyes, come along, then they went across the field.
Did you know either of these men before the time of the robbery? - No; I had a very great opportunity of seeing Coleman.
Have you told us the expressions you made use of? - Yes; I never saw the prisoners before to my knowledge.
How came you to say Coleman give me the ring? - I meant from hearing his name since; I never saw either of them before.
Your expression was, Coleman give me the ring, you was mistaken in the expression? - I was.
What sort of light was it? - I believe the sun had not been out, it was rather a dull cloudy day; it was near four.
Was it dusk, or full day light? - It rather began to decline; I kept them there as long as I could, before I parted with the money, thinking I might see somebody; I cannot speak exactly to the time.
They were quite strange to you? - They were, or I should have spoke of it at the office; Coleman had a laced hat on, I am certain of his person, the other I do not know, it was about his size, I cannot positively swear to the face; I was very little alarmed at the time.
Did either present any weapon? - The tall one had a pistol; I observed he held it up with his hand under the right flap of his coat; the short one did not, the other did, I took it to be such by the brightness of the barrel; he held it out to me.
Did not the sight of the pistol alarm you? - It had some little effect upon me.
How long afterwards was it before you saw either of the prisoners? - It was better than a fortnight; it was the Monday before Christmas day they were taken, near three weeks.
Could you in three minutes seeing him,
When did you first see them? - They were not taken up on my account; I first saw them at Bow-street, I believe it was the Wednesday after Christmas day, I had a note from the office to attend; they were both there, I saw them in the public office with several more, they were all intermixed, I pointed out the short one myself, I knew him immediately.
You lost a watch and mourning ring? - Yes; the ring was found at a pawnbroker's in Wardour-street, the next morning after it was taken from me, by a person going about with hand-bills; one of the officers came and told me; I went to Wardour-street, and saw the ring at the pawnbroker's.
What is the pawnbroker's name? - Payne.
What sort of ring? - A white enamel'd ring; it was given me by Mr. Haldiman, in St. Mary Axe, it was his daughter's, a child of eight years of age, her name and age were engraved on the ring, I attended to teach music there; the ring was too small for me, I was not measured for it; I had notice of it, and did not put it on, but put it in my pocket, the ring I found at the pawnbroker's was the same; I was present at the office when the prisoners were examined; the tall man was asked how he came by it, the ring was pawned in the name of Francis Curtis , he pawned it.
Did he say anything respecting the charge? He said he had bought it of a soldier.
Did Coleman say any thing? - Not that I heard; the tall one held a pistol out, I put my hand round to put it from me.
The robbery was between Kentish-Town and Pancras, in the common footway, both in soldiers cloaths, no other person near us at the time of passing; I followed them across the other road.
What induces you to think it was him, except the general knowledge of Coleman, was there any thing remarkable in his face? He had a remarkable face; westood face to face some time; at first I was not much frighttened, a little I was, but more afterwards.
Had you no intimation from any person in the office that he was the man? - No.
You can swear at three weeks distance that was the man? - I am quite positive as to Coleman; I am not sure of the other.
I am seventeen years of age, I am apprentice to Mr. Payne the pawnbroker, I come to speak about the ring.
Produce it? - (be produces it.) - Curtis pledged it for 9 s. on the evening of the 6th of December last, as near as I can guess, about eight o'clock, he pawned it in the name of Francis Curtis ; he was dressed very genteely in a white coat spotted with green, and a green shag waistcoat, and his hair powdered very much.
He was not in regimentals then? - No; I had seen him once before, he brought a watch about a fortnight before, and came in a few days and sold it to a hair-dresser; I knew him when he came again with the ring, he was not with me above five minutes when he pawned the ring.
Was the shop light or dark? - Three candles in it; we are forced to keep a good light, to see the things.
The people that come there stand in a bad light? - We put the light in front; we can see them distinctly, nobody else; when he came, we asked him where he lived, he said in the same street.
Did you ask no farther questions? - No, my Lord.
Do you make a practice of receiving things, and only ask their names? - He appeared to be a gentleman; we enquired where he lived; if strangers come, we are satisfied with asking their names, and where they live; there was a hand-bill the next morning, we went down to Bow-street to let them know we had the ring.
Can you swear with certainty Curtis pawned the ring? - I can; it might be a week after that I saw him at the public office in Bow-street.
Was any body with Curtis when he came and pawned the ring? - No.
To Duncombe. How long had you this ring before you lost it? - The day before; for the family was out of town, they went to Brighthelmstone or Margate.
Court. The ring is dated August? - It is.
Do you know the ring, look at it? - This is the ring; I don't suppose a gentleman of Mr. Haldiman's sort would pawn such a ring; I know it to be mine, by the name, and the ring not fitting.
Are there not ten thousand rings that will not fit you like that? - I cannot be positive, but there may be more rings like it.
You would not be so certain, if you found it, or seen it on the finger of a gentleman, or any other situation than you saw it after you lost it? - Not if I saw it on any gentleman's finger; I should suppose the same gentleman had sent him one; it was about four o'clock.
Is it not in general dark at that time of year at that hour? - It was not dark; I saw Coleman's face perfectly well.
To the pawnbroker's apprentice. There are boxes in your shop? - Yes.
Are the candles removable? - Yes; we always put the candle so as to see them; we did I remember then, because I saw him perfectly well.
There was no shade on his face? - No.
You saw him perfectly well? - I did.
I am a serjeant in the Coldstream regiment of guards; on Monday the 24th of December, between ten and eleven, a pawnbroker came to me, and informed me there was a soldier of the name of Curtis, pawn'd a ring; he lives in Pettyfrance; I made enquiry immediately, and found Curtis on guard; I acquainted the colonel of the guard of it, he bid me take him, I took him to the office in Bow-street; he does not belong to our regiment, this is upon another indictment I believe.
On the pawnbroker describing Curtis pawning the ring, in the whitish coat and green waistcoat, I asked Curtis where he lodged, he told me at the Three Jolly Gardners, the bottom of Strutton's ground; I did not apprehend him, Haliburton brought him, I went down to his lodgings with Mr. Clark, I asked the landlady where he was; the door was locked, I told her I must see what was in his room, I found there a blue coat Coleman has on now, a white coat and a green waistcoat; she said Curtis lodged there, there was only one bed in the room; I found nothing but the cloaths that was connected with this robbery, I brought them, and desired each man to put on his own cloaths; Curtis claimed the white coat and green waistcoat, and Coleman the blue coat, Curtis had the coat and waistcoat on at the time he was brought up, the pawnbroker saw him in them.
I know nothing of this matter, only apprehending them.
I leave it to the Council.
On the 4th of December I came off guard, I had a pain in my teeth, I could hardly speak all the next day, and I went home, and was never out on the 6th at all.
For the prisoners.
- BROWN sworn.
I am a serjeant in the third regiment of guards; they belong to our regiment, Curtis was on guard the 4th of December, on the 6th he was not on duty; I don't know where he was on the 6th, we don't know where they are when off duty; their characters, as soldiers, are very good; I do not speak of their characters, but as soldiers, they both belong to General Ogilvie 's corps, to which I belong.
Where was he on the 6th of December? Upon my word I really can't tell on the 6th.
Somerset, another Serjeant. I know nothing of where he was on the 6th of December.
CURTIS, ACQUITTED .
COLEMAN, GUILTY .
Tried by the Second Middlesex Jury, before Mr. RECORDER.
A second indictment against CURTIS, and COLEMAN, for assaulting Arnold Jolly , upon the King's highway, on the 23d of December , and putting him in corporal fear and danger of his life, and taking from his person, one silver watch, value 21 s. and 9 s. and 6 d. in money, his property .
On the 23d of December, Sunday, I was melancholy about losing my hearing, I thought I would take a turn round Highgate, I went to the Adam and Eve, at Pancras , and went on the Causeway that goes to Kentish-town , there was a wooden bridge, I saw no body behind me, I can hear nothing behind me, that was about a quarter after one; these two men came to me, I said to one, if you want any thing with me you must speak very loud, he said, God damn your blood, can you hear that; I said, yes, I hear that too quick; he laid hold of me by the breast, kicked up my heels, and said, damn you, deliver your watch or I will rip up your guts; so he took my watch out of my fob; he took my watch, and put it in his waistcoat pocket; he tore the button-hole of my pocket, and took the money out, all I had, the other man stood about a hundred yards from him.
How long was he with you? - I believe about seven or eight minutes; the other man stood on the causeway, but went off after he had robbed me.
Do you know either of the men? - Oh! that is the man that robbed me, Curtis, I had him full front of my face as I lay upon my back; I never saw him before, I don't know the other man; I saw Curtis the next morning, at Bow-street, in a soldier's dress, a man came on the Monday morning, and told me he had got the man that robbed me, and the watch; the justice asked, if that was my watch; there was a parcel of soldiers there; he said, look about, and see which robbed you; I looked three times to be certain; and I said, if any man robbed me it is that man; then a door opened, and his cloaths that he robbed me in were put on, and the soldiers cloaths taken off; it was a light coat, and had something like diamonds on it, and a green bear-skin waistcoat, a rough thing.
Did you know those cloaths again? - Oh, yes; I could swear to them, when he put them on, said I, that is the man that robbed me.
Whether you are very certain Curtis is the man that robbed you? - Yes; I will swear to him.
Was you as sure it was him in soldier's cloaths? - Yes.
Prisoner Curtis. I was ten minutes before him in the office, he could not distinguish me till they put on my light coloured cloaths; ask him that?
Curtis said, you did not know him before they put on the light coloured cloaths? - I told the Justice I did.
Whether you was not intimidated while on the ground, so as not to be able to distinguish his cloaths? - I lay as composed as could be, on the top of my back, and let him take my watch and money as quiet as could be.
I am a pawnbroker, on the 24th of December, a quarter past eight, Francis Curtis came to my shop, offered me a watch, and wanted a guinea and a half on it; I brought him one guinea, he refused it, and went out, came in again, and took the guinea; soon after, at a quarter before nine, an officer came to tell me to stop the watch, I told him I had taken it, I had seen this man about four times in my shop before; I went to the place where I believe
Cross-Examination of the Pawnbroker.
Sometimes things are pawned in their own names, sometimes not, he pawned this in the name of Curtis; I knew him, and he was conscious for aught I know, no doubt he knew that, he said to me, if I had came clandestinely by the watch, you may be certain I would not have pawned it in my own name, where I was known.
Court to Jolly. What trade are you of? - A watch gilder.
Are you a watchmaker? - If any body bespeaks a watch, I make it up; the watch has my name to it, as the maker's.
Is there any other mark but your own name; - No.
Have not you put your name to several other watches? - I don't know that I have; I have made several others twenty years ago.
What does 1202 mean? - Sometimes they put one number, sometimes another; ++ 1012, I think is the number to the best of my knowledge of the watch, I wore myself.
Did you know that before you lost it? - Yes.
Would you know the watch you lost from any other with your name to it? - Yes; if you would let me look at it, by the top case, and name, and number, the top case is almost wore off the thread of it.
Do you remember any thing particular about the spring that you open the watch by? - The button is very much wore, and I knew that before I lost it. Upon my oath I knew that before I lost it.
Did not you know it before you lost your watch? - I did.
Mr. Prothero. This old gentleman said one of the men had robbed him; I found nothing but the cloaths; at the office there were three or four serjeants, the prosecutor was desired to look round, and see if he knew any one; he looked for a considerable time, and said, if it is any man here, it is (Curtis); he was desired to touch the man that he knew, and he did touch him; he did not say Curtis, for he did not know his name; he then saw the cloaths on my arm, he snatched hold of the coat, and said, this is the coat the man had on that robbed me; he was desired to pull off his regimentals, and put that coat and waistcoat on; when he had done that, the old gentleman went up to him, and took him by the coat, and said, this is the man, I am positive.
He expressed a doubt before the cloathes were put on? - He said, if it is any amongst the persons in the room it was him; he went and laid hold of him by the coat, and said, this is the man, I am certain, as soon as he put the coat on.
I was sent for on the 24th of December, about a watch that was taken on the highway by two men; I found it at a watchmaker's in Pettyfrance, at Mr. Wilcox's, he helped us to the two prisoners.
Mr. Prothero. I found nothing on Coleman.
- Wilcox. I am a serjeant in the guards; on the 24th of December, the pawnbroker and Mr. Halliburton came to me on the parade in St. James's Park, and told me a watch had been pawned by Curtis, and I made enquiry, and we took him on guard; he told me Coleman was with him when he pawned the watch, I sent one of the officers to fetch him, which he did; Curtis told me he had found the watch behind some ruins, the bottom of Tothill-street, about four o'clock in the afternoon, and Coleman was with him.
He says he was robbed at a quarter past one, and he was detained eight minutes by me, which made it near twenty-five minutes; after we came from inspection, a little after ten, I stopped at the Three Tuns
I am a corporal in the guards; I know Curtis very well, I cannot say where he was before two, but I saw him five minutes before twelve at the Three Jolly Gardners; he bears a very good character in the regiment.
I know the prisoner Curtis; he was at my house till within a minute of twelve, I saw him again about two, he was at my house about five minutes before two, my clock goes by the Abbey, within a minute; they both lodged at my house, and always behaved well, and were honest sober men.
How came you to remember the time he came home that day? - I had a ham and fillet of veal, and more friends to dine with me; I said, what made you stay so late; I particularly remember the hour of dining, we generally dine about half past one; when they came in, I remember I said it wanted but five minutes of two, and you were to be at home at half past one.
How long was it before they were taken up? - On the Monday morning, a gentleman came to search my house.
Mr. Prothero deposed, she told him they came home within five minutes of two, or under, and that they both came home in a coach.
What distance is this place from Pancrass, where the robbery was committed, to Tothill fields? - About two miles, or two miles and an half, it cannot exceed that.
To Mrs. Hemmet. Did they come home in a coach that day? - They said they did; I did not see it.
(As neither Prothero nor Hemmet could remember what sort of a day it was, the Court asked the question of Mr. Arnold, who said it was a very fair day, but the sun was not out.)
- Parsons, a hair-dresser, deposed, he had known Curtis several years, that Curtis had worked for him as a journeyman, and was very honest.
Mrs. Parsons deposed, she had known him for eighteen y ears, had known him from a child, that he was very honest, and had never heard any imputation upon his character; that he always behaved well.
FRANCIS CURTIS , and JOHN COLEMAN were indicted on another indictment for making an assault on William Myers , upon the King's high way, on the 13th of December last, and taking from his person a silver watch, value 31 s. one steel chain, value 6 d. a key, value 1 d. and 8 s. in money numbered, the goods and monies of the said William Myers .
I was robbed on the 13th of DecemberKentish Town to Pancras , between eleven and twelve o'clock in the day; the tallest prisoner came up to me in a lightish coloured coat, he came over the ditch, where the two banks are, and stopped me, and pulled a knife out of his pocket, and demanded my money, and the other came and put his hand in my pocket, and took my money, he that stopt me took my watch; they were with me but a very little while, not above a minute and an half; this was in the middle of the day, and full light, they looked very hard at me, and I at them, when they robbed me; I saw them again on New Year's Day, not before, they were in the same cloaths in which they robbed me; the tall man had a light coloured coat and a green waistcoat, the other had a blue coat on, I knew them both at the office; when they had gone a few yards, they said if I had not stopt, they would have ripped me up; I swore to them at the public office, I am sure they are the persons, I have never heard of my watch since, I took particular notice of their faces; when they had robbed me, they set off towards London; this was between eleven and twelve, it was nearer twelve than eleven; I saw them run across to the Duke of Bedford's private road; I am very clear they were the same men.
The prisoners said nothing in their defence.
For the Prisoners.
Do you know any thing of them on the 13th of December? - They came into my house, and had some sheeps hearts, they eat them broiled, and had a pot of beer and some bread and cheese; I think it must be be near or quite twelve, I will not pretend to say to a few minutes; they went on guard the next day, the 14th, and came home on the 15th.
On the 14th they were on guard, they belong to the same company I do; on the 13th they were at Mrs. Hemmet's, between eleven and twelve, and had two hearts broiled, I was present, it was near twelve before they went out of the house, I think I heard the clock strike before they went out, I cannot tell positively.
BOTH GUILTY , ( Death .)
Tried by the First Middlesex Jury before Mr. RECORDER.
BATH BANK, Nov. 19th, 1781.
No. 59. 30.
For SMITH, MOORE, & Co. JER. CONNELL.
To RICHD. BEATTY & Co. London, No. 19, Gt. St. Helen's.
2d Count. For uttering and publishing a forged indorsement, in the name of B. Mc. CARTY, with the like intent, against the statute, &c.
By means of this note mentioned in the indictment, there was a watch got into the possession of the prisoner at the bar? - He had a watch of me.
Where is it now? - I believe Mr. Kirby, the keeper of the Compter, has the watch in his possession; it was delivered into his possession at Guildhall, it was produced at the examination, it was taken from the prisoner; my watch is in possession of Mr. Kirby, Mr. Alderman Crichton desired him to take care of the whole property; I sold him the watch, he had 11 l. of me besides, in change for this 30 l. note.
The court were of opinion, Mr. Beauchamp was a competent witness, as he could be no more interested, than a person prosesecuting a thief for stealing his goods (whether there was a felony committed or not, must depend upon the evidence, ab initio) he is entitled by law to the property stolen, the moment the prisoner is convicted; therefore more strongly interested in the conviction than Mr. Beauchamp, in the present case; to incapacitate a person from being a witness, he must be immediately interested in the subject matter in dispute; supposing it to be a forgery, the person whose name is forged as an indorser, cannot be examined as a witness, to prove it is not his hand writing; if it was his hand writing, he would be charged with the payment of the money; therefore he is particularly interested, which is not the case, here it is a vague interest, and not the subject matter in consideration of the court.
When did you see the prisoner? - On the 26th of November; he came to our shop between twelve and one, at noon, and wanted to purchase a gold watch, I shewed him several, at last he fixed on one, the price was eighteen guineas, he asked me if it was a good watch, if I could answer for the going of it, I said it was, I would answer for the going of it; he pulled out his pocket-book, and said, I must take a Bath bank bill, at the same time presenting this note; I said, I don't like any paper but Bank of England notes; says he, I look upon this to be better than the Bank of England, and I would sooner take them, because there has been a number of forgeries committed on the Bank of England, and I don't look upon it to be safe to take the notes; but however you have no occasion to be afraid of it, it is a very good bill, and I have indorsed it; says I, sir, is your name M'Carty? Yes, sir, it is; pray, sir, says I, who is this Richard Beaty , and Co. acceptors; says he, that is the agent of the Bath bank, at No. 19, Great St. Helens; says I, I should like to know if the acceptance was good, as it was accepted; says he, by all means; accordingly I ordered one of my lads, John Bartrum , to take it to Great St. Helens, and see if the acceptance is good; Hevey said, he would wait till he returned, says he, he cannot be gone long, not a quarter of an hour at most; I said it could not be half an hour, he waited; when he came back, he said, he had seen a person who looked like a clerk there, who said, it was a very good note, and would be paid when it become due; in consequence of that, I let him have the watch, and gave him 11 l. 2 s. in money; and likewise a bill of parcels and receipt in the name of M'Carty; he took the watch and away he went.
What are you? - I am a pawnbroker; when this note was sent to the place where it was to be accepted, I had word brought back it was a good note.
Was any body present when the prisoner came into your shop? - No.
The accepter said, it was perfectly good, and would be paid when it became due? - I heard that from the servant. I looked all through it, I took it on the credit of the Bath bank, the acceptance; and the prisoner's appearance; I looked to the name of the acceptor, and gave credit to that, I knew nothing of Hevey before, no other conversation passed, he might be a swindler, or a substantial man; I trusted to the appearance of the note, and I relied upon the credit of the Bath bank; the order was signified by the indorsement; the first credit was to the bill itself; I was examined at Guildhall five or six times; I remember I said, the prisoner told me his name was M'Carty.
Did you accompany that with any other observation? - I said, that he told me his name was M'Carty, on two or three examinations.
When you sent this not to the place
Your examination was reduced into writing? - Yes.
Where has this note been from that time to the present? - I have been at Bath with it, and it never was out of my custody, but only during the time the boy was sent with it.
I am servant to Mr. Beauchamp, I remember his giving me a note, I took it to No. 19, Great St. Helens, a young woman opened to door, I asked if Mr. Beaty was at home, I am not certain whether she said, yes; the young man was standing at the Compting-house door; says she, sir, you are wanted; he said, step this way, I went into the Compting-house with him; I asked him if it was a good note, he said, yes, the money would be paid as soon as the note was due; nothing farther passed between us; about two or three doors from our own, I met the gentleman that came to pass the note, he asked me if it was a good note, I said, yes; we both went back together to my master's; I delivered the note to my master, he asked me, if it was a good note, I told him yes, it was the same note.
I saw the young woman first, I asked if her master was at home, she said yes, and called him.
Where was you while he was examing the note? - I was with him in the Compting-house, close by him all the time; I don't know the number of the note; I know I gave to him a note, and I believe it to be the same.
He might have changed it? - I cannot say he did not, I believe not, I cannot possibly say that was the note, he returned that I put into his hands, but I don't think he could change the note; I had my eyes on him all the time; I was as close to him as to this gentleman; sometimes a person is deceived with slight of hand, but I don't think he played that with me
What are you? - I am an engraver.
Look at that note? - This is my engraving; I engraved it for the gentleman at the bar, Mr. Hevey; I did not know his name till he came in July last, and delivered his directions; I believe there were four or five hundred of these; there was two forms, some five guinea notes; he paid me for them; he said he lived in a street that came out of Portland place, I don't remember the name of it, I have lost the directions, my directions is marked on the note, as living in Abchurch-lane.
I am a sugar-broker, and dealer in rum and brandy, I live on St. Dunstan's-hill; I know the prisoner at the bar well; in November, 1779, he applied to me for some rums, I sold him two puncheons, when he bought them he said he would pay me ready money, if I sent in the goods he should pay it directly; on which I sent him in two puncheons of rum, I believe to the amount of 150 l; I sold him others to the amount of 200 l. and odd; he went then by the name of John Hevey , he lived then in Holborn, and kept a little grocer's shop, I have had letters from him signed John Hevey .
I knew the prisoner the latter end of 1779, he passed then by the name of Hevey, I had dealings with him.
I am a pawnbroker, I should mention I live in Long-acre; he came to my house the 22d of November, he saw a gold watch, No. 4473, London, maker's name, Graham; he begged to look at it, he purchased a watch for 18 guineas, and produced a Bath bank bill, he signed his name John Hevey , in my shop, upon it; Mr. Heather produced the note.
About this note there is an indorsement.
Barnard M'Carty too? - There is.
(The bill was read, which agreed exactly with the indictment and the indorsement.)
I am a constable; I did not take him up, I was at the Mansion house when the prisoner was brought there before Mr. Alderman Pugh; I searched him, and found he had a handful of gold, which I gave him again, by order of the Alderman, I found a pocket-book and a great number of notes in it, bank notes in appearance, they have been opened by different magistrates, and sealed up again; he went by the name of Hevey, never by any other name. (Then he produced a number of notes, sealed up.
Court. Are they of the same kind with the rest?
Clerk of Arraigns. The same bank; here are a great number, and for different sums.
Court. Are they all indorsed? - Here are many B. M'Carty, and there are some blank ones; and here is a blank for a bill of exchange from Dublin, and their sums are different.
Court. There is one payable to Hevey himself, I see.
Clerk of Arraigns. Yes; there are some blanks of different forms, here is one with Scarborough on it.
Court. There are two payable to Hevey himself?
Mr. Silvester. There are many indorsed B. M'Carty.
Mr. Beauchamp. I first enquired of the real partner of the Bath Bank here in London, he said he believed there were no such people at Bath, and I was taken in; I went to Bath, the person at the house told me, that seeing the paragraphs in the paper, the man had disappeared, and they could not find him; I could find no such persons as Smith, Moore, and Co.
The prisoner was apprehended long before this came due, and you put advertisements in the papers about it? - No; there were no advertisements, but paragraphs in the papers, that such a person was examined at Guildhall; I heard in consequence of that this person had decamped.
You never found such persons as Smith, Moore, and Co.? - No.
I live in St. Helens, I know a man of the name of Beatty, he was a clerk he told me, there was his name Beatty on the door, I took him up, he is in the Compter; he had a compting-house there, with the name of Beatty and Co. but he did not live there; I have seen Hevey come out there, I live close on the spot, my house commands the whole spot; he lived at Mr. Page's, Peahen Court, No. 12.
Mr. Beauchamp makes it out, as if no other person was in the shop; there was during the time I was in the shop, that young boy there; he cannot say I declared my name was M'Carty; I declared my name was Hevey; I said I would indorse my name if there was any occasion for it, he said there was not, the bill was good without it.
For the prisoner.
Richard Beatty was called, but objected to being an evidence upon the trial, as he was committed prisoner upon the same affair, and desired to know if he was indicted, that if he was, he would not be a witness.
The Court informed him, he would not be obliged to answer any question that might tend to prove him guilty of any crime, that he was not bound to give evidence that might criminate himself, that if he was to accuse himself in Court, he might be indicted for it, and it was open for him.
The Council for the Prisoner told him, he would not ask him any questions that could possibly criminate him.
He then submitted to be examined.
You know the prisoner at the bar? - I do, very well.
You had a house in St. Helen's? - Yes, Sir.
Do you know such a person as M'Carty? I do.
Court. All this may be very material evidence to prove him guilty of a conspiracy.
Council for the Prosecution. It does; it may go farther, it may make him an accessary before the fact.
The Court said, it is necessary to tell you, if there is a bill preferred against you for a conspiracy, what you have now said already may certainly go to make against you upon that charge.
Do you know M'Carty? - Yes; I know him.
Do you know M'Carty's hand-writing? I cannot possibly say; I have seen his hand writing I believe upon the back of the bills, I can say the hand-writing was equal upon every bill that I have passed through my hands, which I have accepted and paid; I have not seen him write an indorsement, therefore I cannot possibly say whether I know the hand-writing or not.
You have seen him write at other times? - I have had letters from him.
Did you ever see him write? - I cannot say I ever did.
Did you ever see him sign his name? - I cannot say that I ever did.
You never saw him write? - I never did.
Do you know your own hand-writing? - I would not wish to say a word more, if your lordship pleases.
Is that your hand-writing? (shewing the acceptance) - I hope your lordship will not insist upon my answering any questions.
The Court said he need not answer it, if it tended to criminate him.
The Council then waved the question.
Do you know his writing? - I know his writing; I have seen him write very often.
Will you take upon you to swear to his hand-writing? - Yes; I believe I can.
How does he sign his name? - Sometimes Bernard M'Carty, and sometimes B. M'Carty.
Where does he live? - In Dyot-street, St. Giles's.
Do you know whether M'Carty was or was not concerned in any transaction of any supposed bank of Bath? - I do believe that he was concerned; I have seen some of the notes, I never saw him indorse any, I am sure I can swear to his hand writing when I see it.
What house does he keep in Dyot-street? - He had several lodging houses there, seven or eight.
Houses let out in little lodgings? - Yes,
Let out in lodgings, at so much a night? - Yes.
Where do you live? - In the Haymarket? I have known Mr. M'Carty these five or six years, I have frequently seen his hand-writing; I don't follow any business at present, my husband is not in England, I am at present in lodgings, I am a relation of Mr. M'Carty's wife's.
Where is he now? - I really don't know.
You are sure his name is Bernard? - I am sure his name is Bernard.
And Berney? - And he has wrote his name Bernard, Berney, and B.
(Several indorsement were shewn the witness; the first and second she said were M'Carty's hand-writing; the first, she said, she was very confident of, but she could not say how Bryant came to be indorsed by him, and said, I don't say I was witness to his writing his name upon any of those bills; said she had frequently known him to vary.)
In Ireland it is no uncommon thing to pass by either of those four names? - Not in the least.
(The bill in question shewn to her.) Is that his hand-writing? That also is his writing.
Cross-Examination upon it. This is very different from the others, look at it again? He is a man that is very often in liquor, and may write different sometimes; I cannot be so positive that is his hand writing, as the other two, (She spoke of the indorsement in question).
Deposed he lived in Cross-lane, Long-acre, that he had been in His Majesty's service, and was a pensioner from accidents in serving last war; that he was a publican; had seen M'Carty write four months ago; that M'Carty lived in Dyot-street, and kept lodging-houses there; that he spelt his name BARNEY M'CARTY; he used to write Berney always, he never saw him write Bryant to his knowledge.
(A paper with the name signed Bryant shewn him). He said he believed that was his hand writing.
(A second paper shewn him). Said, I think this also is like his writing; it has
(The note in question shewn him). Do you believe that to be his hand writing? - I cannot say exactly; but I believe it to the best of my opinion, it resembles his hand writing; I see all three are different from the stroke of the letters, there is a resemblance, I don't swear to any thing else.
You are wife to Mr. M'Carty? - I am.
Was he or not concerned in a Bank at Bath? - Yes, sir; he was.
He is out of the way at present? - He is, sir.
She deposed, she believed all the notes that came due, were honoured, and punctually paid; she knows her husband's hand writing; that within six months past he has had instructions; that he used to get in liquor, and would sometimes write bad, and sometimes better, but he had improved.
Who is this master that gave him instructions? - I don't know his name; he had a master that is dead, I forget his name.
How did he sign his name? - Sometimes B. M'Carty, sometimes Bryant; I have not any letters by me of his, some he signed Bernard, some Berney, and some Bryant.
His name was Bryant you say, that is not Bernard? - Why, sir, you see, they call them differently in Ireland.
Court. Is Bryant and Bernard called the same in Ireland? - Yes, Sir; they esteem them the same.
Council. You know Mr. Garatti? - No, Sir; I cannot say I know him.
The man your husband was bound for, for a bastard child? - Oh, yes Sir; I did know him.
Council for Prisoner. Look at that indorsement, is that your husband's hand-writing? ( shewing her the bill in question) - I can safely swear that is my husband's hand-writing.
( A third produced) And that you can safely swear to? - I can, Sir; I can safely swear they are all his hand-writing.
Deposed he lived in Dyot-street; that he knew M'Carty for 25 or 30 years, he had frequently seen him write formerly, but not these four or five years past; that he (the witness) keeps a public house, and went to Mr. M'Carty's house with beer; that Mrs. M'Carty shewed him a letter, and he thought it was not his hand-writing, it was so good; that she said he had improved vastly, that he had got into a very genteel line, and had endeavoured to improve himself as much as possible; he knew the prisoner Hevey was intimate with M'Carty; that sometimes Mr. M'Carty signed his name Bryant, and sometimes B.; Bryant was frequently the manner five or six years ago; he had observed him write Berney; that he was getting forward in the world, and had money in the stocks, and some lodging houses; that he knew the prisoner Hevey two or three years, that they all came from one part of Ireland, that he lodged at M'Carty's for some time, and was privy to his business in buying feather beds and blankets, and furniture for the lodging houses; that he used to deal in coals, wholesale and retail, and upon account of getting into genteeler company, he endeavoured to improve in writing; that he had known him lay out 40 or 50 l. at a time.
What, for blankets for lodgings at 2 d. a night? - If they are so, the fixtures and things for them is not to be had for 2 d.
He did not recollect M'Carty's being in the King's bench prison; the letter produced by the wife was all the knowledge he had, that he was at Bath about a month or six weeks ago.
The three different signatures are shewn to the witness; he deposed, that he delivered them to be his hand writing, but would not be positive.
This witness was asked if he could write, he said a little; he was then desired to write his name, which he did, in a very good hand.
Deposed he had known M'Carty nine years, by the name of Bernard and Bryant M'Carty; that he lived in Dyot-street, St. Giles's; he had seen him write, the witness lived next door to him; that he heard he was concerned in a banking house at Bath; don't know his writing.
EDWARD SMITH FOSTER sworn.
(Called by the counsel for the crown, to prove the papers produced and signed M'Carty, were found in the prisoner Hevey's possession, that one was dated, September 1781).
Where did you find those papers? - I found this paper at the bottom of Mr. Hevey's trunk.
Court. You are going to disprove his hand writing by a similitude of hands, which you cannot do, it is not a proper proof.
Mr. Robinson called. Deposed he had seen M'Carty write once, to a bond of indemnito to the parish, in the year 1774. The bond shewn the witness, signed at that time, was objected to.
Mr. Justice Ashhurst stated, there were two questions proper for the consideration of the jury; the first, was, whether they believed it to be the indorsement of any person of the name of Bernard M'Carty; if it was not, there could be no doubt it was a forgery. If there was no such person in existence, or that it was not really his hand writing; but supposing they should be of opinion, there was such a man existing as Bernard M'Carty, and that it was his hand writing; there still might be another question, proper for their consideration, (and that was upon a point, which he believed had never been precisely determined by any judicial determination). Whether, if a person produces the real signature of a person existing, purporting to be the indorsement of such person, and says, I am that Bernard M'Carty, or that man (whoever he is) that indorsed the note, that in fact is not the man; it shall, or not, amount in point of law to a forgery; and said, if the jury found their verdict upon the latter ground, he would take care the matter should undergo a discussion, before the twelve judges, who would settle the point of law. The law in general was thus, If a person tended any instrument to another, with intent to procure money or goods, and indorsed it himself by another person's name, in the presence of the person to whom it is tendered, that would certainly be in point of law, a forgery; that he believed had already been determined; but that was not the case here, the prisoner did not sign the name Bernard M'Carty, in their presence, but only said, I am that Bernard M'Carty, whose signature it is.
The Prisoner then said, I declare before the Almighty God, I wish I may be the greatest example that ever went to the gallows, if ever I signed the name of Bernard M'Carty; I am innocent as the child that never was born; and that the Almighty may make an example of me before the world, if ever I did it; I have a wife and three young children, the eldest not above three years old, and the youngest not above a few months; I have no provision for them but my liberty; and also, my lord, that I may be an example if ever I indorsed it, or said my name was M'Carty; the witness said the bill was good; there was another person present when I offered to indorse the bill, and he has it unindorsed by me, and I hope, gentlemen, you will consider it.
Jury to Mr. Beauchamp. Whether at the time the prisoner offered the bill, the servant was in the shop? And whether the prisoner offered to indorse the bill?
Court. Was the servant in the shop at the time the bill was offered to you? -
Mr. Beauchamp. Yes; but he was employed at the farther end of the shop, upon other business.
Did or did not the prisoner, at the time, offer to indorse it? - No, sir; he said he had indorsed it, and that was his name.
He did not say he would indorse it, but he had indorsed it? - He had indorsed it, he said.
Jury. How came he to go out of your shop, before the boy returned? - He was gone a long while, I had the watch; he was in and out of the shop, and waited; I had the watch and money too, till the boy came back.
The Jury then withdrew, and returned in a short time, and brought in their Verdict, GUILTY , as passing himself for M'Carty.
Court. You believe the hand writing to be the indorsement of M'Carty, but that he passed himself for M'Carty, as the indorser? - Yes.
100, 101, 102, and 103. JOHN MORGAN , THOMAS CORN , JOHN ACTON , and ABRAHAM CLARK were indicted, for that they, on the 19th of December last, one piece of copper money, of this country, called a Halfpenny, did feloniously make, coin, and counterfeit, against the statute, &c. And the said ABRAHAM CLARK also stands indicted for abetting, aiding, assisting, and procuring the said JOHN MORGAN , THOMAS CORN , & JOHN ACTON the same to make, coin and counterfeit .
The second Count states, that the said JOHN MORGAN , THOMAS CORN , JOHN ACTON , and ABRAHAM CLARK , one piece of false, feigned, and counterfeit copper money, the likeness and similitude of the good, legal, and copper money of this kingdom, then and there did make, coin, and counterfeit; and the said ABRAHAM CLARK further stands indicted for abetting, aiding, assisting, and procuring the said JOHN MORGAN , THOMAS CORN , & JOHN ACTON , the same to make, coin, and counterfeit.
I have been employed for the Mint thirteen years; there was information given to me by Mr. Campbell, on Saturday the 15th, I appointed to come on Monday, at five o'clock; I went, and was put into a warehouse, which came to the back of the house where these people lived, and about half past five they came up to tea; just before they came, I heard a thump, the warehouse was as near as I am to you; after they had drank tea, they went down again; after they had been down about five minutes, the thump went as it had done before, it was the fly for the cutting-out press, it goes with a force, so as to force out a thick piece of copper, therefore it makes a noise; I appointed to come again on Wednesday with some officers, to see what they were; I went then, and knocked at the door, a servant opened it, on the door-plate was the name of Smith; I asked if Mr. Smith was at home, the girl said no; I immediately pushed the girl on one side, and went to the cellar, I went to go into it, but they had put out the candle, and I kept every body down till I got a light. In the first cellar I saw Corn and Morgan, in the cellar where the big press was, where they had been coining halfpence, and Mr. Clark I likewise found there, it was the stamping press; Corn and Morgan were standing by the press, it is a narrow cellar, that the fly had only just room to go round, they were in a working dress, their coats off, and shirt sleeves tucked up; I put them in custody; I went into the furthermost cellar, where I brought out Acton, he was in a working dress, the same as the rest, his wig and all his cloaths were in the kitchen; he was near the cutting-out press, where somebody had been at work, I am sure of that, for the chair was warm, where somebody had been sitting at the press; I did not observe whether he was warm or not, only found him in a working situation, I put him in custody; I put all the prisoners in one cellar, and then went and fetched Mr. Campbell; in the first cellar I saw a cutting-out press, and a large press, and a quantity of half-pence; in the further cellar, another press,Abraham Clark , came in; I took him into custody, and searched him before Mr. Campbell, I found this die upon him; (produces a die) it appeared to be a new one, or it had been cleaned up, it is not much wore, he had it in his side pocket, it is a die of George the Second, and the impression is faint, I found the reverse die to it in the house, in the parlour drawer, I think Mr. Campbell took it out himself; they were all committed that night, and the wife, being found in the cellar; when before the magistrate, Clark owned all the things, that his wife might be discharged.
Jury. Did you ask him any particulars, when he came into the door? - He was asked who he was, and he said he came to ask for Mr. Johnson; I never ask a man to say one single word, for fear he might say any thing that might injure himself, I let it alone till he comes before the magistrate; Mr. Prothero has had the custody of all the things, I have some halfpence that have been finished, I found them there. (Produces the finished halfpence.)
Court. Did the things you found there contain a compleat apparatus for coining halfpence? - As exact as can be.
You said you first went into a warehouse, how was that situated, was it near any place? - There is a small yard at Mr. Clarke's house; the kitchen is above stairs, it was about half past five, it is not a very light place, but there was a light in the room; but you will have that from Mr. Campbell. I saw Clarke write in a book, and put the book in this place again.
I understand you then, that you saw these four people in the kitchen; and they left the kitchen for some time, and you suppose that they went down stairs, and came up stairs again? - I said, they came up stairs to drink tea, and went down stairs again.
You went a little further than that at first, now you only mean to say, that you do not know where they went; you said you went below stairs? - I said, I believed I did.
Will you undertake to say, the noise could come from no other quarter but that? - I would not swear from whence the noise came; we were not very silent when we went into the house; the girl made a noise when I pushed her on one side, which I wish I could have prevented; I should have gone down, and they would not have heard me; there is just room in the place for the fly to turn; I did-not see them at work, they stood close to the press.
Could they stand otherwise, on account of the smallness of the cellar? - I do not think they could; we looked for other tools but could not find any thing else, we passed directly to the other cellar, I did not see them then as I did afterwards; after they came up into the kitchen, there hung up all their coats, and Acton's wig hung up on the mantle-piece; their coats and their great-coats; the front cellar I look upon to be a very large one, where the other cutting out press was; it was a long cellar, and they stood at the further corner of it.
You did not see Acton do any thing? - I only found him in the room.
So as to the people in the first cellar, and the people in the second cellar, you did not find them doing any thing; you only found them standing there, and doing nothing? - That is all, sir; then Abraham Clarke came in, and said, all these things were his.
It has been said, you have been employed thirteen years by the mint; I wish the jury to understand, who you are; are you not one of the officers at Bow-street? - Yes.
Do not you expect some share of the reward? - As much as you do with your brief, sir, for the conviction; this is an imputation thrown on me, which I do not deserve, I will appeal to the Court, and Recorder, who knows me; I am perhaps worth as much money as you are.
Court. Whatever the operation of the
Court. Was that halfpenny you took out of the die, warm? - The rest were then warm; I do not know for that.
Jury. Did not you say, that you took the halfpenny from the die yourself; and yet you say now, you do not know, whether it was warm? - I let that halfpenny stay in the die, till I went and fetched Mr. Campbell; here is a quantity of other dies that were found there, a dozen, or more.
I was with Mr. Clark at this place, on the 19th of December; I was going down stairs after Clark, he said, here they are; I retreated for a candle into the kitchen, seeing no light there, and in my hurry, I ran my candle too far into the fire; Corn, and Morgan, with Mrs. Clark, were standing behind the press; Corn immediately asked me how I did; I told him I was very well, and laughed at him; we tied them together directly, Morgan and Corn; the witness Clark, went into the further cellar, and brought Acton o ut; he had on a very dirty shirt, and no wig nor hat on; Corn had his waistcoat on, but Morgan had not; I am sure both had their coats off, their shirt-sleeves were tucked up, and both very dirty and greasy; Morgan, and Acton, had no waistcoats on I am sure; Corn, I think had, to the best of my recollection; the snuff of the candle was burning by the press, it was knocked down, I told the prisoners of it; then I tied Acton, the other prisoner, by himself; and they were all four kept there, till Mr. Campbell was fetched, and nothing touched further, till he came; there was a vast quantity of blanks, cecil copper at first, this is the proper sheet of copper (produces a sheet of copper in two pieces, with the blanks cut out of the middle) only the blanks are taken out of the middle of it, what remains of the copper, is called the cecil; the cecil is laid on the side of the press, and that half sheet was in the press; here are a great quantity of halfpence, finished, that were found there, by the great press; after they strike the impression, they drop; they are all finished, all to colouring, they have a way of colouring them afterwards; I did not touch any of the halfpence for some time afterwards; Clark brought Acton out of the other cellar.
Whether if people cut copper to make buttons, or any thing else, they do not cut it in the same way? - I should imagine so, I am no judge of it, I never saw any buttons made.
Is not the same instrument made use of, either for buttons or for halfpence? - I do not know.
The same question to Clarke? - There is not the least doubt of it, though not of the same stuff, it is a mixt metal; they would out out with the same press, but not with the same tools.
To Prothero. You are an officer of justice belonging to Bow-street? - Yes, Sir, I am; I am not ashamed of it.
In the beginning of December, Mr. Roe, a neighbour of mine, suspected that coiners lived at No. 24, in Little St. Thomas Apostle's, and not chusing to trust our own constables, as it was a house of credit in the front, I applied to Bow-street; I saw Mr. Clarke, and mentioned the circumstance of the noise, and the condition the men were often seen in, to him, and he said he had little doubt but they were coiners; on the Monday he met me at Roe's, I took him into Roe's warehouse, to see the men, and opened the shutter a very little, of one of the windows, which looked directly into their kitchen; there were tea-things, and bread and butter; we heard the thumping very fast, and after waiting about half an hour, there came three men into the kitchen, two of them had their
Jury. Did you feel any of the halfpence that you saw round the die? - No; not till I had been there a great while; there was all the appearance as if the men had been at work, I have not a doubt in my own mind but they were all fresh done.
You did not see them till they were in the hands of the officers? - No, Sir; not till they were all tied together.
You say you never saw these men before Monday night? - No, Sir.
You knew nothing of all their persons before? - No, Sir.
You said you still had some doubt? - I would not chuse to swear positively that they are the men; I have not a doubt in my own breast that they were the men.
Proved the halfpence to be all counterfeits.
PRISONER CLARK's DEFENCE.
I wish to ask Clark and Prothero whether they did not take some carpenters tools out of my house?
Clark. I did not see any thing.
Prothero. No; I am sure there was none in the house, but an old rusty saw.
Prisoner Clark. I am an unfortunate man; the things were all my own; these three men are innocent, which I hope they will be able to prove; this man (Acton) keeps a sale shop, an infirm man, not capable nor likely to work; this carpenter I had to work, I was apprehensive that I should be over-heard, the over night I called to Morgan to desire him to come and help me to take down my tools, he took me for a button maker. Acton has two children at nurse at Islington. Corn has made me many things, this man has done me many jobs; they came with no other intention, my lord, but to take down the tools; and with respect to the witness, Mr. Clark, observing that the halfpenny was hot, it is impossible, were I to call on the solicitor of the mint, he knows it is impossible for a halfpenny to retain heat a minute, or a moment; and after the candle was out, there was some time before that candle could be lighted again; as for the halfpenny between the die, it is what I generally leave, nobody ever worked at it but myself and my wife; a touch will cool it.
Court to Fletcher. Will a halfpenny retain heat for some time? - I know the pressure is so great, that the heat remains some time.
Prisoner Clark. But observe the difference between the halfpence here, and the half-pence at the mint.
Fletcher. Oh, I know there is a great difference in the weight, as 70 is to 48.
Prisoner Clark. I have no witnesses, I thought it needless; I have been an unfortunate man, and a large family, and have had great losses in business.
For the Prisoner MORGAN.
Court. As far as character will go, you have sufficiently established the character of Morgan.
For Prisoner ACTON.
Rev. Mr. Dawes knew Acton 22 years, and never heard him suspected of any harm.
For Prisoner CORN.
Jury to Dunn. Is he a hat maker, or a hat seller? - I always understood him to be a working hatter, that makes the hats.
All Four GUILTY .
They werse sentenced to be imprisoned twelve months , but Morgan, upon his request, was permitted to enter into the East India Company's service .
Tried by the London Jury, before Mr. RECORDER.
Yorick Smithies , clerk .
Elizabeth Gould deposed, she was servant to Mr. Wildman, a jeweller and silversmith, at No. 51, in the Strand, that the prisoner offered it to sale, and asked three guineas of her master for it; said that she had given six guineas for it, then said, her husband gave it her, and he was at sea; that her master stopped the prisoner, and had her taken before the magistrate.
The prisoner said in her defence, she found it in sweeping the room.
Tried before the Lord Chief BARON.
To be privately whipped , and confined to hard labour for 12 months .
105. PETER MELEY , was indicted, for stealing on the 23d of December last, a gold watch, value 10 l. with a gold chain, value 5 l. a cornelian seal, set in gold, value 10 s. the goods of William Park .
William Park deposed, he had his watch stolen the 23d of December last, that he had dined at the Black Horse in the Strand , and got rather hearty after dinner; had a scuffle with a gentleman there, and that he got on the pavement before the door; there was a great crowd, he missed it between eight and nine.
Mr. Drury, a goldsmith in the Strand, stopped the watch, when the prisoner offered it to sale on the 26th of December; he produced it in court, and the prosecutor swore it was his; and had the prisoner secured.
The prisoner in his defence said, he had found it in the Strand, near Barrack Gate.
106. SARAH FURT was indicted, for stealing on the 18th of December , four yards of flannel, value 2 s. nine yards of hempen linen cloth, value 5 s. eleven yards of printed linen, a table-cloth, &c. the goods of Mary Caston , spinster , and Joseph Caston .
There being no evidence but a single accomplice, a young girl, the court directed the jury to acquit her.
107. JOHN BURCH and WILLIAM VENNOM , were indicted, for stealing, on the 14th of December , 200 lb. weight of lead, value 24 s. the goods and chattels of Susannah Gowen , widow, being then and there fixed to a certain building, against the statute .
Mr. Cunningham deposed, he found the lead gone from the gutters, and that he measured the lead that was found, and it fitted the places, and he was certain it was taken from thence.
Richard Holbrook deposed, he laid hold of Vennom, with some on his shoulders, and put him into the custody of the constable; soon after, Burch was taken, upon his raising a hue and cry after him, of stop thief; they had carried some of the lead to an old iron shop, where it was found, belonging to one Mrs. Osmond, (whose recognizance was ordered to be estreated, for not appearing) the lead was produced in court, and the workman shewed the court where the lead matched to from the gutters,
There being no evidence to affect him.
BURCH was ACQUITTED .
VENNOM, GUILTY .
To be publickly whipped , and confined to hard labour for twelve months, in the House of Correction .
Tried before Mr. Justice ASHHURST.
108. FRANCES HART , was indicted, for receiving one piece of black silk ala-mode, containing 52 yards and a half, value 3 l. 8 s. and four yards of black silk alamode, value 16 s. the goods of John Didier , knowing the same to be stolen .
Thomas Wolley , a constable, deposed, he was sent for on that day, to one Mr. Williamson, a hosier, in Holborn, where she was stopped with it in her apron; he produced it in court, and the prosecutor swore to it by the shop marks.
John Williamson . I live in Holborn with my father, a hatter and hosier; on the 13th of November, some women came into the shop, the prisoner was not one; I followed those women, the prisoner at the bar was following them; I heard no conversation between them; just at Staples Inn Gate, they joined, I saw the women put some articles into the prisoner's lap.
What do mean by articles? - Sundry things; the prisoner was pushing down towards Castle-yard, I stopped her, and asked her what she had got in her apron; she told me, old cloaths; I pushed her cloak aside; the first thing that occured to me, was the silk stockings, and other things she stole from my father's; I brought her back to my father's, the other women made their escape, they were well dressed, she said she had picked them up, it happened to be a rainy, dirty day, and they were not the least soiled; this alamode was in her lap, as was the other property that was found, and delivered to the owners.
Did you see this alamode put in by the women? - I did not see the alamode in particular, but I saw them put in some articles.
This was by Staples Inn Gate? - Yes.
You saw the other women? - Yes.
Why not secure them? - I had no assistance; I was not quite two yards from them, when they were put into her lap; whether she spoke I could not tell; at the justice's, she said, first she picked them up; and at another examination, not the first, she said, they were given her by those women.
The Prisoner said nothing in her defence. The following persons were called to speak to her character.
Tried before Mr. Justice HEATH.
To be fined 1 s. and imprisoned two years in Newgate .
John Crook ; and ELIZABETH SMITH was indicted, for receiving the same knowing the same to be stolen .
There being no evidence offered, to affect the Prisoners, but one Philips, an accomplice, they were ACQUITTED .
110. JOHN TATE , and HANNAH ARNOLD , were indicted, for making an assault, on the 16th of December last, on Elizabeth Minns , on the King's highway, putting her in corporal fear and danger of her life; and taking from her person, one linen gown, value 5 s. one pair of stays, value 5 s. one callimanco petticoat, value 2 s. one silk handkerchief, value 2 s. one silk hat, value 2 s. and 3 s. and 6 d. and other things , the goods of the said Elizabeth Minns .
I am a widow ; I was going on the 16th of December of an errand, about eleven o'clock at night, to Chick-lane , my master lay a dying; I met with a young man; (I am servant to Mr. Stanley) I said, pray can you tell me any shop, where I can get some sugar-candy? he said, yes, my dear; he said come up here, there was an alley; when we came up the alley, he whistled through his fingers, and several girls came about, and asked me, what business I had with their man; called me all the whores they could think of, and desired me to strip; they began stripping me quite naked, except my shift, and shoes, and stockings; they took them away and 3 s. 6 d. in money.
Was it light or dark, or moon-light? - I believe it was rather dark; I know the prisoner, he up with his crutch, and give me a knock, and told me to scud off while I had got my life; there was one Ing there, a thin woman.
Could you see his face? - O yes; I know him very plain in particular, I have reason to know him by his crutch; he told me to scud off while I had got my life, he helped to pull my things off, and they tore me almost to pieces; it was not so dark but I could discern the features of his face; I am certain sure it was him, it was about the middle way of the place, or just oppo- to it.
Did the other prisoner do any thing to you? - I don't know any thing but of her pawning the cloaths.
THOMAZIN SAYBERT sworn.
Who brought those things to you? - Hannah Arnold and Sarah Ing ; I am a pawnbroker; on Monday the 17th of December, between eight and nine in the morning; I asked if they were their own, they said yes; I knew them, they came to the shop before; they have been in my possession ever since; I have known Hannah Arnold some time.
The Prosecutrix deposed, the things produced in court were all her property, and spoke to particular circumstances and marks by which she knew them; then said, there was an handkerchief and under petticoat, but they are not here; I saw Tate after I was robbed, he was taken up the next morning, the Monday.
Did you know him then? - Yes; the moment I saw him.
I am the constable; on the 17th, the Monday morning, a brother officer came and gave me information, that Hop and some others had committed a robbery; on taking Tate up, he swore damn his eyes, he would not go by himself before the Justice, that Hannah Arnold was one; I took him before the Justice.
Were you present when Elizabeth Minns was there? - Yes; Her information was taken in writing, she charged him with striking her with the crutch, and threatening to drive it down her throat, and helping to strip her; upon information, we learnt where they were pawned, and that they were pawned by Arnold, and Ing, not yet taken.
To Minns. You saw Ing there, you said? - Yes; I know her, and Sall Frost, I never
To Thomazine Saybert. What sort of a woman is Ing? - A thin person.
ARNOLD said nothing in her defence.
Tried by the Second Middlesex Jury before Mr. Justice HEATH.
111. RICHARD PHILIMORE was indicted, for that he, on the 14th of December last, about the hour of eleven at night, the dwelling-house of Joseph Finch burglariously did break and enter, with intent the goods of the said Joseph Finch feloniously to steal, take and carry away .
Joseph Finch deposed, that he lived at Dolly's hill ; the prisoner was found in a harness house adjoining to a stable, which adjoined to the dwelling house, on the 14th of December, about eleven at night; he was taken and searched, that they found three large bags, two pick lock keys, another key, a parcel of matches, and a hooked knife; that a bit of candle was found in the harness house, the door was latched.
I came from Oxford to Watford, and from Watford to Edgware; I was much tired, it was ten minutes after eleven, I asked a man where I could lay down a little while; the man shewed me this gentleman's house, and said I might lay in the stable; I went there with an intention to lay down, I have no witnesses here.
Court. In strictness of law, if a person breaks and enters a house, with intent to steal, and is prevented from carrying that intention into execution, and nothing is actually stolen, yet, if the jury are clearly satisfied of that intention, such person is guilty of a capital offence. It is necessary there should be an actual breaking, as well as entering of the house; the lifting up the latch of a door, and entering with intention to steal, is sufficient in law to constitute a burglary; if the prisoner got in by an open window, it was not, in point of law, breaking the house, or a burglary. Here is no evidence of the prisoner's breaking the house, and though there was an entry, you ought to acquit him.
Tried before Mr. RECORDER.
Thomas Astell deposed, he saw the prisoner come out of the shop with the cheese; that Mrs. Cave followed him out, and cried stop thief, the thief has stole my cheeses; that he brought him back to the shop.
I never took them out of the shop at all; a man asked me to carry them for him.
Court. The circumstance of taking privately in the shop makes it a capital offence, if the value comes up to 5 s. if any person sees them taken, it is not a capital offence, if Mrs. Cave saw them taken, most undoubtedly it is not within the act of parliament.
GUILTY of stealing to the value of 10 d.
To be confined to hard labour for six months .
Tried before Mr. RECORDER.
113. ANN DELANY was indicted for stealing, on the 1st of December last, one silver watch, value 40 s. a steel chain, value 6 d. a seal, value 5 s. a pair of silver shoe-buckles, value 10 s. and six guineas and an half, and 4 s. in money, the goods of Thomas Hill , in the dwelling house of Bryant M'Carty .
Thomas Hill deposed, he met the prisoner on the 1st of December in Broad St. Giles's, went with her to a lodging-house in Dyot-street ; he waked the next morning, and found the prisoner gone, and that he had lost the watch and money; said he was not intoxicated the over night, but a little stimulated.
Richard Nurthwaite , a pawnbroker, stopt the person who came to pawn it on the 8th of December, and told her she must give up the person from whom she had it, as it was stolen; the prisoner was then brought, and apprehended.
That Hill picked her up, and went with her to an ale house, where they had three quarterns of peppermint and a quartern of gin, and went with her to this lodging house; that he gave her the watch on the stairs, and she knew nothing of the money.
Court. It is necessary there should be legal evidence to shew this was the dwelling house of Bryant M'Carty, in order to make it a capital felony; in this case there is not that legal evidence, therefore you will be warranted if you find her guilty of stealing the watch and money only.
GUILTY of stealing the watch and monies, as laid in the indictment, but not in the dwelling house of Bryant M'Carty .
To be privately whipped and confined to hard labour for twelve months .
Tried before Mr. RECORDER.
114. WILLIAM VANDERBANK was indicted for stealing, on the 10th of November last, one watch, inside and outside cases made of silver, value 42 s. the goods of Sarah Davis , widow , in her dwelling house .
Sarah Davis deposed, that Vanderbank was her lodger, that her watch hung up at the head of her bed in a flannel bag, that she lost it on the 10th of November, in the afternoon, that her doors were not lock'd.
It was in December, was it? - I cannot say.
How long before Christmas? - It was since Christmas.
Have pou no idea of time? - As near as I can tell it was two months ago.
Do you know when Christmas was? - In December.
(It appeared this witness had no idea of time, but he said the prisoner told him he
William Young , a pawnbroker's man, produced the watch, and deposed the prisoner pawned it at his master's, the corner of Dove court, and said he had got it at a raffle, and it cost him 5 s. a guinea was lent on it.
The prosecutrix deposed, the watch was the same she lost; that after her husband died, she had set down the number in chalk at home, before she lost it.
The young woman I keep company with brought it to me, and told me to go and pawn it, and if I was stopped, to tell them I got it at a raffle.
GUILTY 25 s.
Fined 1 s. and permitted to enlist in the East India Company's service .
Tried before Mr. RECORDER.
115. DANIEL EMPSON was indicted for stealing, on the 29th of December , four cloth coats, value 40 s. two linen waistcoats value 5 s. one stuff waistcoat, value 5 s. three pair of cloth breeches, value 15 s. one pair of black silk stockings, value 5 s. two pair of thread stockings, value 2 s. a pair of shoes, value 2 s. and a leather pocket book, with a silver clasp, value 5 s. the goods of John Cooke .
There was not evidence to convict the prisoner, the principal witness being a boy, and not understanding the nature of an oath.
Tried before Mr. RECORDER.
Mr. Heather, a pawnbroker, deposed, the prisoner offered the spoons, the bowl of the table-spoon and tea-spoon broke, to sell, and gave the other parts from her pocket.
The prisoner said nothing in her defence.
Mr. Heather said, the spoons were worth about 10 s.
The prosecutor deposed they were his spoons.
Tried before Mr. Justice ASHHURST.
Fined 1 s. and confined to hard labour for twelve months in the house of correction .
Mr. Heather deposed, the prisoner brought the spoon to him, on the 20th of December broke, he stopped him and had him secured.
Elizabeth King deposed, it was her mistresses's property, that she had known the prisoner from a child, was admitted, in the place where the spoon was, while she went up stairs, when the dining-room bell rang; that she missed it in five minutes.
The spoon I found, and as there was no mark upon it, I thought I had a right to sell it.
Tried before Mr. Justice ASHHURST.
To be confined to hard labour in raising sand and gravel for one year, on the river Thames .
MICHAEL DIGNAM was indicted, for breaking and entering, about the hour of two in the night, the dwelling house of Robert Threadgold , on the 6th day of October last, with intent Dorothy Thredgold , spinster , being therein feloniously and carnally to know .
I am the wife of Robert Threadgold , and mother of Dorothy Threadgold ; about two o'clock in the night, on the 7th of October, I heard the watch cry the hour, soon after, heard the latch lifted, thought the lodgers might be coming in; there is a little window on the side of the door, I heard the glass shake, then there is a fence round the back kitchen window, I heard move twice; I heard a scratching on the kitchen window, down on the wall near the kitchen window, almost a yard and a half from the ground, as if there was a slipping down of something, then I heard the window pulled down; the sash draws down, the top sash, then I heard the lock of the back kitchen window smack, it makes a loud smack when it shuts, and the door open, which creacked; I was in a great fright, I waked my husband, told him somebody was got into the house; my husband listened with me, they were on the stairs we thought, I listened till they came to the parlour door, I called out, who is there, nobody answered, he got out of bed, I begged he would not open the door, but call the watch, which he did; when the watchman came in they searched the house; I know the prisoner at the bar, he lived in our house almost a year and a half, since that time there never was any intimacy between him and my daughter, she is sixteen years old; I keep no servant, my daughter does the work of the house; they found the street door and back door safe, my daughter shut the latch, and she brought the key of the house to me; the rule is to lock the door and put it in the fore kitchen, and that key was brought to us.
My daughter is sixteen, I cannot tell the prisoner's age, I never heard of it, they were never play-fellows together; I had been asleep, and waked when the watch went two,
Have you, and your husband, and daughter, had any conversation about it? - We have spoke to it again.
Do you recollect your husband encouraging your daughter to swear against him, or tell her she should be chained to the floor if she did not? - No, sir; I never heard of such words; he was not taken up for this affair, not upon bail for it; I never saw my daughter and him together; his sister and brother lodged there a year and an half.
Your house is in Castle-street, Oxford market? - Yes; one watchman came in, then I took up a stick from off the salt bin, went to the street door, found it bolted, and the yard door was bolted; the kitchen door was three-parts open, that goes into the kitchen; then I saw the sash of the window as low as it could go, it was a draw down sash, there are no shutters to it; the fence of wood was pulled back, (to keep the children from falling into the area) the wooden bar, that was pulled out; then we went to the door in the fore area, that was bolted and fast; goes up two pair of stairs, saw the door on the jar, two pair of stairs backwards, four children were there, three girls and a boy, two in each bed; the first thing I observed was my daughter, who said, lord, daddy, what is the matter, she says, here is a man got into the bed, that was what she said; when I first saw her, she was raising herself up in the bed, immediately after, she said, lord, here is a man in bed, it was not two minutes before she said, lord, it is Michael Dignam ; I told her to go into the other bed; the watchman muttered, God damn my soul, how came I here, what children are them; I had no conversation with the prisoner, farther that he was quite undressed, his head under the cloaths, quite covered; I cannot take upon me to answer whether he was in liquor; the watchman asked him how he came there; he said he was bewitched, the watchman told him, we shall let you know how you came here; he dressed, we went
Did they keep company together while he lodged there? - Never to my knowledge.
How was the front room occupied? - There was a carpenter and his wife lodged there; there is a butcher and his wife in the first floor, and in the garret a woman and her husband there.
Court. You need not go on, by this time the jury will see, there was no intention to commit a rape.
How old are the children? - This daughter is sixteen, next to her twelve, the boy is ten.
Court. The question is, whether he broke into the house with intent to commit a rape, it is clear that was not the intent; she complained of no force nor violence at he time.
Tried by the First Middlesex Jury before Mr. Justice HEATH.
119. JANE TAYLOR was indicted, for stealing on the 18th of December last, two dimity petticoats, value 10 s. one linen shirt, value 2 s. one linen shift, value 1 s. one linen wrapper, value 3 d. the goods of William Marshall .
Mrs. MARSHALL sworn.
I lost two dimity petticoats, the one is corded, the other is dimity, one shirt, an out lining of a bed-gown, they were in the back wash-house.
In whose house? - Martha Staples ; I know they were there, she washed them for me; I was not gone up two minutes from the back kitchen, where they were, in Virginia-street, about five o'clock, on the 18th of December; I am a married woman, my husband's name is William Marshall ; the prisoner was taken with them at the door.
Mr. Staples produced the things.
Mrs. Marshall deposed, they were the same things.
Mrs. Staples deposed, that she saw the prisoner come out of her house, suspected her, laid hold of her, and found the things upon her.
I leave it to your lordship's mercy, I never did such a thing before.
Tried before the Lord Chief BARON.
Sentenced to three months imprisonment .
120. JOHN NICHOLSON & JAMES CHEW , were indicted, for stealing, on the 1st of December last, two pair of leather shoes, value 2 s. two iron hammers, value 1 s. one leather apron, value 4 d. a knife and two awls, value 2 d. and a pair of leather soles , the goods of Anthony Conyers .
Anthony Conyers deposed, his stall was broke open on the 1st of December, between seven and eight in the morning, and the things stolen; upon information of a coachman, it was two soldiers , and the information of a chairman; the property was at the lodgings of Nicholson, he went and found them and secured Nicholson, who said, he bought them of Chew, a drummer.
I found the things, coming to this cellar, and I sold them to this man, as the tools were of no use to me.
Tried before Mr. Justice ASHHURST.
JOHN LUCAS was indicted, for assaulting John Allen on the King's highway, upon the 10th of October last, and taking from his person 15 guineas, the monies of the said John Allen .
I live at Kingsland, I am a cow keeper and farmer ; on Tuesday the 9th of October last, I had been to the play with my wife, and a gentleman and lady, at No. 52, in Cheapside, we stopped at a tavern and supped; while we were there, a fire broke out in the Strand; we went to it, staid some time, in Friday-street we parted with our company, before that a coach was called, we got into it, the coachman asked where he was to drive, I told him to Kingsland, he objected, I told him he might drive to Shoreditch church, and set us down there; he never stopped, but went on towards Kingsland; between Shoreditch church and the Fox, just by the two brick-kilns, the coach was stopped; I was rather in a dose, my wife said, here are thieves, I looked up, and saw a hanger of a symeter sort glittering; I immediately pulled out 16 guineas; in a moment the coach door opened, a man jumped in on my side, and demanded our money, I gave him 14 or 15 s. in silver.
Did you observe him particularly? - I could not discern his face, he was a tallish fellow, with an apron on, in an instant the other door opened, and a man jumped in on my wife's side, and demanded her money, and began to rifle her pockets, he started back and said, damn you, madam, what have you got here, he thought it was a pistol I suppose, she said, only my fan, he opened it and shut it, and gave it her again; I could not distinguish his features, he was in the coach, two without side I could discern; he searched me, and I had my gold in my hand; one said, damn him do him, he held the symeter to my throat, and I let the money fall about the coach, I saw the man that stood without side, put his hand into the coach, and pick up some of the guineas, I swore to him taking my hat, I said, for God's sake don't use us ill, one of them, that was Harford, said damn you, don't use any more bad names, and threatened to blow his brains out that did.
You mentioned the man's name on a former trial? - I mentioned Harford; the man said it is Mr. Allen and Mrs. Allen of Kingsland, I know them well, I believe he held my wife's hand, and squeezed it, and said Madam don't be frightened, you shall not be hurt, and said so to me; he said what have you lost, I said sixteen guineas; he said tell me ingeniously what you have lost; I said sixteen guineas, and he said to his companion if you don't find sixteen guineas I will do you before night, for I can take the gentleman's word; then they took and searched the front of the coach; those in the coach bid me and my wife get up, and go on the other side, and they searched that side, then we set with our backs to the horses when they went away; one took the hat which fell off, and they told the money; one said, damn you there lays a guinea; I put my foot upon it, as it was in the coach, they came back and pickt it up, it was light enough to see it; one of them bid the other give me the hat, and Hartford brought it back; then one asked for my wife's cardinal; I said no, they should have no cardinal; I asked them to pay the coachman, as they had got all my money; Fowler, that I remember, had a silk handkerchief on his face, let it down, the prisoner Fowler, I did not know his name at that time; he gave somewhat to the coachman; he let his handkerchief drop; I saw his face distinctly after it was as high as his mouth; I took particular notice of my wife looking at them all the time.
Did you see his face so fully you could swear to him? - Yes; he came round to my side by the horse's head; he took the hanger he had, I remarked it, he stood wantonly and jobbed the hanger into the pannel of the coach; it was black ivory or ebony handle, I remarked it was like an old sword with a black handle; he drove it in the pannel of the coach before it drove away; my wife said Lord what a lovely
Were you sure, did you swear positively to Fowler? - Yes.
Was he apprehended then? - Yes; and the hanger was found in his possession; he was in a light coloured coat, one over the other, but he robbed me in a great coat.
Look at the prisoner, do you know him? - No; I don't know the man, but by the question I asked at Bow-street; I asked which side of the coach they searched first, he told me the front; he acknowledged that he robbed me, and in the same coat he had on. I thought if he could tell me that question right he must be in the coach; he said they searched the front of the coach first; he wavered in some points first, said he did not turn back for the money, but at last he acknowledged some of them did. I never saw his face, I cannot swear to that, I remember his shape and make, every thing but his face; he had an apron on.
Was the man on your side? - He came in on my side.
How many did you see in the coach? - There were two in the coach, this on my side, and Harper on my wife's side; by appearance he stood over me in the apron; I always said he was a tall thin fellow; I could not see his face; he blinded the light of the moon.
Mrs. ALLEN sworn.
When the coach stopped I saw the hangers; I said there were thieves; my husband started up and said, good God, is there? they demanded my husband's money; he gave them some silver; they said he had got more money; he took it out and held it in his hand; they swore they would do for him; they took hold of his wrist, and he let the money go; they began to scramble for it; another came and jumped in on my side, and put something to my breast like a pistol; I don't think it was a real pistol, but something in imitation of it; they demanded my money; I said I had no money; they found my fan; he started back and said what is this, I said nothing but my fan; they took and opened it, and delivered it back; I had nothing in my pocket but keys and halfpence, they took out the halfpence, and gave me them again; they pulled me off the seat, and searched behind me; they found nothing; they searched my husband at the same time, and the man said, don't be frightened, you shall not be hurt; Mr. Allen said, gentlemen, I hope you will pay the coachman as you have got my money; the man who stood on my side pulled the handkerchief off his face, and said, here, coachman, here is a shilling for you, that was Fowler, he dropt the handkerchief from his mouth and part of his face, and gave the coachman a shilling, and he told the coachman if he spoke a word upon the road he would blow his brains out; I kept looking in his face all the time; he drew the handkerchief over his face again, and went round to the rest of the gentlemen; it might be the space of a moment his face was exposed to me, no longer, then he said those words to the coachman, then he went upon the other side.
How long was it his face was uncovered? - It might be the space of a moment or two.
Had you a full view of his face? - I had a full view of his face.
Could you see his features distinctly? - Very.
So as to swear to him afterwards? - Very punctually, Sir; I positively could.
Was there any thing to induce you to
When did you see Fowler the next time? - The next morning when he was taken by the runners; I knew him the moment I saw him come into the office.
Was he in company with any others? - There were four more.
Did you pick out Fowler from the rest? - The moment he came into Mr. Wilmot's office, I said this is the man that has the features of my son.
The resemblance struck you immediately? - Very much, Sir.
Look at the prisoner, do you recollect any thing of him? - No; I do not particularly.
You did not take notice of any of the other men but Fowler? - Not particularly I do not; he was close upon my husband.
To Fowler you could safely swear? - Very safely.
Mr. NICHOLAS BOND sworn.
I bring the confession of Lucas; I prove that it was taken on Tuesday last before Mr. Wright; taken from his mouth, and he signed it, and the other is the signature of Mr. Wright. I found him at the office; Mr. Wright had spoke to him before I came.
Court to Mr. Wright. Was the prisoner in or out of custody at the time he came to make his confession?
Mr. Wright. He came of his own accord.
(The confession read in court to the following purport:)
"The voluntary confession of John Lucas , a lodger at No. 80, Golden-lane; has known John Fowler about twelve months, that on Wednesday morning between two and three o'clock, in what month or day of the month he cannot say, but he very well remembers it was the last night of Sadler's Wells being open, that he, this informant, Joseph Clark , William Milburn and one Underwood met a man and his wife in a coach in Kingsland road near the Brick Kilns; that Underwood stopped the coach, that Milburn opened the door, and the informant got into the coach, and Clark opened the other coach door; that the man appeared to be a sleep, and he asked the man for his money, that Milburn struck him on the head with a cutlass, when the man got up, and threw his money down in the coach, which amounted to thirteen or fourteen guineas, which the informant and Clark picked up, and Clark says damn my eyes I will have his hat, and he went and took it, the informant told him he should not have it, but should return it; he went and carried it back, and delivered it to him again, then he insisted upon having the woman's cloak, which informant prevented; that he had since been informed it was Mr. Allen and his wife; they were dressed in black; after the robbery they came across the fields, and shared the money; this informant and the rest were armed with cutlasses, but Underwood with a pistol; that Allen and his wife desired they would not use them ill; that he went to the public house facing Sadler's Wells, and called for porter, and about an hour after Clark and Milburn came in; they went afterwards to Storer's, the Three Tuns in Bunhill-row, and found Underwood there; they played at four corners; went away at four o'clock in the afternoon, met again at eleven at night, and shortly after they went for the purpose of robbing on the Kingsland Road; Clark was dressed in a brown coat, and round hat, Milburn in a sage green coat and round hat; the informant in the dress he is now in; no imprecations were used during the robbery, but Clark said damn my eyes once or twice: that after the robbery, when the coach doors were shut, Mr. Allen put his head out of the coach door, and requested they would give him a guinea, which they refused. This informant said he has been concerned in three or four different robberies on the highway with Fowler, but that Fowler was absolutely innocent of the robbery of Mr. Allen as before mentioned.
Taken before me SAMPSON WRIGHT."
You say that Harford was one? - Yes; and he shook hands with me; he lived coachman at Clapton, and knew me well; when he brought my hat again, I saw him for a minute; he behaved very politely; I believe it was through him we were not hurt; he squeezed my wife by the hand, and said, madam, I know you well, you shall not be hurt.
Did you ask for a guinea? - I only desired them to be kind enough to pay the coachman; I said, gentlemen, I hope you will pay the coachman as you have got all my money; as to the guinea, I asked for no such a thing.
Court. It was on account of Harford interposing to prevent mischief being done, his Majesty was pleased to extend his mercy to him.
To Mrs. Allen. Do you know the number of people there? - I saw five persons, two in the coach, two at the doors, and one at the horses' heads, till Mr. Allen desired him to pay the coachman, and he dropped his handkerchief, and gave him the shilling; we did not know the number of the coach, and we were never able to find the coachman again, though he said he lived near Hatton Garden.
To Mr. Allen. You observed just now, you thought the prisoner must know somewhat of the matter, because he could tell which part of the coach he searched first? - Yes.
That question was never asked at the former trial? - Not as I remember.
Did not you say upon the former trial these highwaymen desired you to raise from your seat, and go upon the other side while they searched over the seats of the coach? - Yes; we borrowed some money of the turnpikeman to pay the coachman with.
I have nothing to say for myself, no otherwise than I deliver myself up as a man dying innocent of the thing, and they are innocent of it, both of them.
One Joseph Wood before the jury brought in their verdict, spoke to the court, and said he was the man that caused Lucas to make the confession, and surrender himself, as he said, he had acknowledged to him, that he (Lucas) Clark and Milburn, and one Underwood were the persons, and those two men, Fowler and Harford were innocent men, and said Clark confessed to him he was the man that Mrs. Allen took to be her son.
(Mr. Bond was asked if he knew the countenance of Clark.)
Mr. Bond said he did not know that it was the same Clark, but there was a Clark in custody some months ago that was shot in the hand with a blunderbuss by a gentleman, whom he attacked near Ball's Pond turnpike; he was wounded in the hand, and has lost the use of one of his fingers.
Wood said all four of the men had new coats on the day after that robbery, he would declare upon his oath, but they were very poor before.
Mr. Bond. I took the confession myself from the mouth of the prisoner, from what he told me at the time; he mentioned that Clark was wounded; I have not a doubt that the Clark he means in that confession is the same Clark who was wounded in the hand, from his telling me he was lame in the hand when I took the confession. Clark and Milburn both are well known at our office.
Court. Repeat what you have to say?
Wood. I am a weaver, I live in Twister's alley, Bunhill row.
Do you follow your business now? - Yes; I keep some people employed in that business, I am a house-keeper, and keep four women employed in the spinning manufactory in the weaving branch. The first knowledge I had of this matter, was this, I went to see Fowler after he was convicted, having some knowledge of him before; I drank a bottle of wine with him, he told me he was an innocent man, andJoseph Clark , and took him into a public house in Long lane, and asked him if he knew any thing about the matter; Fowler, says he, is innocent, and I said, if you will confess, the law will shew some mercy to you; I persuaded him to go and say he was guilty; those men, Underwood and Milburn, he said were guilty, and the prisoner at the bar, Lucas; I saw Milburn in the course of the evening, I asked him about it, he declared he would almost as soon be hanged himself as the man that was to be hanged the next day, for he was an innocent man; Clark and Milburn met by appointment to surrender the evening before. As I was going down Long lane, to see the execution, I said to Lucas, what do you think of the matter, he seemed to be in a flow of tears, and the brother of Fowler came and hung round him, and said you know my brother is innocent. This, I declare to God, is the matter of fact that brought on the confession; the brother said pray save his life, if possible; he said, I don't care two-pence, I will declare what I know of the matter; I went to the sheriff and asked his opinion, he told me to go to a magistrate; I went to Bow-street, and there they took his confession.
Court. Gentlemen, you have heard this evidence.
GUILTY . ( Death .)
Prisoner. I have done all that lay in my power to save the man's life; I hope you will recommend me to mercy.
Jury. We shall not.
To Wood. Clark does not resemble Fowler in person? - No; not at all.
Tried before Mr. Justice HEATH.
122. EDMOND HARRIS was indicted for burglariously breaking and entering the dwelling house of Robert Turner , about six in the night of the 25th of December last, and taking from thence one printed linen gown, value 10 s. one camblet gown, value 4 s. two stuff petticoats, and many other things, the goods of the said Robert Turner .
I live at No. 33, Whitechapel ; my house was broke open on the 25th of December last; I was the last person up in the house, I left my house at three o'clock in the afternoon, and nobody in it, the doors and windows fast, I had the keys in my pocket; I came home again about a quarter before eight; at the time I left it, it was quite late, when I returned I found my house had been broke open; the prisoner was taken to the watch-house before six; there was some wearing apparel found, they were put in a bundle in the room below.
Mrs. TURNER sworn.
There was nobody in the house when the man came; I lost two gowns, one a printed linen, one a camblet stuff gown; one white cloth apron, five handkerchiefs, one a silk, and four coloured, a pair of black silk stockings, two pieces of pink silk, about half a yard; I don't think I can recollect every article; two black petticoats, some printed cotton, a remnant. I came home nearest to the hour of six, I found the sash up, one of the blinds was open, I left a large nail to fasten the sash, the blind was open; I saw a quarter of a yard of the canvas slit down, I saw the prisoner in the house at that time; I was the first that went to the window, I screamed out thieves, and saw him make a scuffle to the back door and the back window, it was a moon-light night, I saw part of him go out of the back window, he was taken on the premises; the first that took him was one Smith, a lamp lighter, coming along; I did not enter the house till the prisoner was in and tied, they desired me to come in and see if that was my property.
I was sent by Mr. Turner to see if the house was safe, between five and six; when I came, the windows were close, the outside shutters were quite close; I went back and told her the house was safe.
I went along with Mrs. Turner; I saw a man there, and saw the blind tore, the window broke, and the bundle lying in the middle of the room; the man that took him was a lamp lighter, Thomas Smith ; the bundle was never removed out of the place by the prisoner.
I am a lamp lighter; I was coming by, and heard Mrs. Turner cry out, thieves! fire! I asked what was the matter, she said there were thieves in the house; I jumped in at the window, the first room I went to, I saw a bag there full of things; I went to the wash house, and found the prisoner hid there, underneath the table; we too k him and searched him, he was in my care a good while till the officers came, and took him to prison.
I am an officer belonging to the Rotation office at Whitechapel; I was sent for on Christmas day, at night, by one Mrs. Thompson, a next door neighbour of Mrs. Turner's; she said the house was robbed, and the thief in the house; I went there, when we came, the door was fast, we got in at the window, there was a bag in the middle of the room, the prisoner was standing on one side, and Smith was with him; as soon as we came in, Smith went away, and left me in charge of him; the bag remained in the room; when I went up stairs to see the situation of the place above, I found the bureau and the drawers open, and some papers and things scattered about the room; I came down stairs again; the things were emptied out of the bag, I asked Mrs. Turner if the things were above or below, Mrs. Turner said they were above; I asked if they knew any thing of that bag, she said no; Harwood has had the things ever since.
- HARWOOD sworn.
I have had them ever since; they were sealed at the house, and broke open at the Justice's, to see if the people knew them.
Mrs. Turner looks at the things, which were produced in Court, and deposed they were her property. I have the cuffs of the two gowns in my pocket, I am certain they are my property; they were above stairs every one to my knowledge when I left the house.
I have nothing to say, but I hope for mercy; I have no witnesses.
Court. At six o'clock in the evening, at such a season of the year, it must be after dark, and that is necessary, in point of law, to constitute a burglary. The window was found open, and the blind torn, that was in point of law a breaking; though the things are not carried out of a house, a burglary may be committed, if a person breaks into the house in the night, and commits a felony, or breaks in with intent to commit a felony. If a person is indicted only for a larceny, if the things were proved to have been in a room above stairs, and he takes them from the room they are in, and brings them down stairs, that is a taking that would constitute a larceny; therefore in point of law, their being so removed by the person breaking into the house, would be committing a burglary in the house.
GUILTY . ( Death .)
Tried by the First Middlesex Jury.
123. JAMES RILEY was indicted, for that he, on the 26th of December , with a certain pistol, loaded with gun-powder and leaden slugs, did wilfully and maliciously shoot at John Ellingham , on the King's highway, against the form of the statute .
Do you know the prisoner at the bar? - Yes, Sir; I was coming out of Spitalfields about twelve at night, on the 26th of December , and going up to Islington, I saw the prisoner and his companion, they crossed me in Old-street first, I went to go up the city road, about one hundred yards from the lying-in hospital; they meant to stop me, and I ran away from them, they gave one another the whistle; I went into Old-street back again, then the watchman said he would go with me as far as the turnpike in the city road; when we got there, he refused going any farther, I told him I did not think it was safe, I was afraid they had got before me; when I got one hundred yards beyond the turnpike, the prisoner and his companion jumped out upon me again, betwixt the rails, close to me, I was within about a yard of them; they said something to me, I cannot tell what, I went to run away, and the prisoner fired at me.
Are you sure it was the prisoner? - I am sure it was.
Did you see him at the time he presented the pistol? - I did, Sir; it was a moonlight night, the moon was rather cloudy, but it was light enough; he was so near, I felt the chop of a cutlass over my shoulder, at the time the pistol cracked; he lodged seven slugs in my back, they were within a yard of me when they fired; I ran then to the turnpike house; I had seen them twice before; here is the coat they shot through, the muzzle of the pistol split the coat here all to pieces. (The coat shewn in Court.)
My life is taken away for want of my friends coming to speak for me; I cannot send for my witnesses, because I am confined, I can get nobody to fetch them; I have been in the cells, and I have not a friend to send for them; my landlord knows I was at home in Cow Cross, I spent the afternoon there, and was with my friends till eleven o'clock at night. It is very hard my life must be taken away, because I cannot send for my friends.
To Ellingham. Did you know the prisoner immediately, as soon as you saw him after he was taken up? - Yes; as soon as I saw him go into the coach at New Prison, when I first saw him after the fact.
GUILTY . ( Death .)
Tried by the Second Middlesex Jury, before Mr. Justice ASHHURST.
124. THOMAS LOVE was indicted for stealing, on the 7th of December last, one hive of bees, value 2 s. and one beehive, containing 10 lb. weight of honey , the goods of the Right Hon. the Countess of Warwick .
The Prisoner's Defence was, he found it in the road.
To be publicly whipped and discharged.
Tried before Mr. Justice HEATH.
125. WILLIAM OWEN was indicted, for feloniously, on the 26th of December last, stealing five pair of spectacles, value 3 s. two opera glasses, value 15 s. a silver seal, value 5 s. the goods of John Dolland .
Proved the property to be his, no witness to the taking, did not miss part till found at the prisoner's lodging, two of the frames I missed some days before, about the 20th of December; on the 26th of December, Mr. Day, the constable, came and informed me the prisoner was in custody; I went with him to search the lodgings of the prisoner; there were found in my presence one pair of silver spectacles in a case, two opera glasses, a silver compass seal, and several other things not mentioned in the indictment; all marked with my own name, except the compass seal; the articles sold in my shop are always marked with my name; I know them to be my property, not disposed of, by their being new and perfectly clean, nothing more.
Court. Then except by that circumstance, of being perfectly new and clean, you could not have distinguished them from articles that had been sold in your shop? - No, I could not; my name A. D. is on all the spectacles I lost.
On the 26th of December, the prisoner came into my shop to sell these spectacles; I keep a pawnbroker's shop, in Long-acre, (the spectacles produced) I told him I believed they were stole, for they appeared remarkably broke, and in a very suspicious situation; he said, he was a very honest man, and that he had them of one Mrs. Johnson, in Langley-street, facing the Brew-house, a widow lady; I sent my servant there, who could find no such person, I then sent to Bow-street, and the officers took him into custody.
I went to Mr. Heather's shop, and took the prisoner to the Brown Bear , and searched him, and found three pair of spectacles in his pocket, they are all marked with A. D. (three pair more produced, two in cases, and one without) I have had them in my possession ever since, he confessed he took them from his master; he said he was in great distress, and was Mr. Dolland's servant.
Jury to Dolland. Was he in your employ at that time? - Yes; he worked in the upper part of the house.
Court. Did he make that confession freely? - Yes; and told us where his master lived.
To Dolland. Had he absented himself from the work? - Not at all; he was at my house that morning to open shop, it being a holiday, he was the only man that came; there was nothing else found about him.
According to the information of Mr. Dolland, I went to search the lodgings of the prisoner with him, I found these things which I produce, in the drawer, it was by the prisoner's directions.
A box produced with some things.
Mr. Dolland. Here is another pair of spectacles among the articles, they have not the glasses in now, but they had when first made, there were some glasses found in his lodging, and some implements used for no other purpose than putting these glasses in, other glasses are put in I am positive to that, on account of the mark.
I was in great distress, an execution was put out against me, and I had two summonses at Guildhall, I have been six weeks
Jury. How had the prisoner behaved during the fifteen months? - Tolerably well.
Was he ill any time during his servitude? - He was, a short time; I enquired after him, that he should not be in distress; I was told his father-in-law was come from sea, and had supplied him with money, his wife declared the same.
Jury. Was his pay intermitted during the time of his illness? - Certainly it was.
Tried before Mr. RECORDER.
Fined 1 s. to be confined to hard labour for twelve months .
On the 14th of December, towards the evening, I was engaged with a customer; the prisoner came into my shop, I had reason to suspect her, and I took notice of her; there were two parcels of handkerchiefs on the bottom of my counter, she wanted some callico wrapper; when I had done my business I was engaged in, I shewed her some, the very first piece I shewed her did, she wanted a quarter of a yard, that was 3 d. she paid me, I then missed one parcel of handkerchiefs, which I have now in my possession; I followed her out of the shop immediately, I overtook her about a yard from my shop, just without the door, I stopped her, I charged her immediately with having my property, she said she had got nothing; I brought her back into the shop, and I felt under her arm; I took these handkerchiefs from under her arm, under her cloak, (produces the handkerchiefs) they are the same I took from her.
Jury. Have you any shop-mark? - No doubt of it, but these were not marked, being just come in, I am sure these are one of the parcels, she fell on her knees and cried for mercy.
- BURGESS, servant to Mr. Tatnell, sworn.
I was in the shop at the time, I observed the prisoner come in towards the close of the evening, I had reason to suspect she had no good intention from her behaviour in the shop, we were all bustling, and she kept getting towards the lower end of the shop, where these handkerchiefs lay; I saw them just before, and when the customers were gone Mr. Tatnell served her; she went out, I missed the handkerchiefs immediately, he missed them before me; he fetched her back, and I saw him take the property from under her cloak, I knew the handkerchiefs, they were the same.
For the Prisoner.
She had known the prisoner about two years, she was her servant, had a very good character with her, which she answered, a very honest servant, lived with her about two months; she went away to nurse her sister that was sick, she was one of the cleanest servants that ever came into a house.
Court. These witnesses have established a character, as far as it can go.
GUILTY . Aged nineteen.
Fined 1 s. and confined to hard labour for six months in the House of Correction .
Tried by the London Jury, before Mr. RECORDER.
On Sunday the 30th of December, about eight in the evening, I had been at the other end of the; I live in St. Olave's Church-yard in the Borough; I was coming home through the city, the prisoner overtook me it was a very wet evening, asked us how far I was going, and if he should accompany me, he said he lived in the Borough; he walked along with me till we came into Cannon-street ; he wanted to salute me, and I said no, then I felt his hand at my pocket; when we came to the corner of Abchurch-lane, he put one arm round my neck to salute me, and snatched the watch from my side.
Did you feel him do it? - Yes, my lord; my watch hung to my pocket; the hook hung to the top of my pocket, and the watch was in the inside of my pocket; he then ran up Abchurch-lane, I put my hand to my side, and called out stop thief, he was taken immediately; the gentleman is in court that picked up the watch, he threw it out of his hand, I did not see him drop it, nor the gentleman pick it up; I came up soon after.
I understand it was done all in a hurry, he put his hand round your neck, and snatched the watch immediately? - Yes, he did.
What are you? - I live housekeeper with Mr. Blackburn, surveyor and architect in St. Olave's Church-yard.
This watch was within your pocket? - Yes.
Nobody could see it? - No.
I suppose he asked you to drink a glass of wine? - I do not recollect he did.
But you walked peaceably together? - Yes.
Did you know him before? - No.
He did not mistake you for another person? - I believe not; he did not behave any thing amiss.
No rudeness at all? - Only going to salute me.
That was not very rude you know; and so then, without any other conversation, or any thing particular, all at once he seized this watch from you? - Yes.
How did he know you had a watch there? I found his hand at my side.
What, tickling of you? - I cried out as soon as he snatched my watch.
Did not you make a stop, and let him go on? - It was just about the time I bid him go about his business.
There was no rudeness, nor no struggling, nor no kissing before? - No, Sir; only he wanted to salute me.
These men that stopped him, were they following on or meeting yot? - I do not know; they both live in the Borough, I did not know them then.
You knew them immediately, did not you? - I did not know them before.
Was the watch fastened by a new string? - Not very new; an old string,
Perhaps it was broke? - Not till it was snatched from my side.
Jury. Is it a new string or an old one, it is a very material point in this case?
Court. It is a very old one, and very much worn.
Did it appear to you as if he was endeavouring to take any thing from your pocket, or as if it was a piece of indecent familiarity? - I thought he was going to put his hand in my pocket, to take something.
What reason had you from his former behaviour or appearance, to suppose that he meant to take something out of your pocket? I thought his hand being in my pocket, he meant to take something out.
Court. He put his hand round you to kiss you at the same time? - Yes, my Lord.
On Sunday evening, about eight, I was coming along Cannon-street, at the corner of Abchurch-lane, I was going on from London stone side, I was going to London bridge, this Mrs. Battell and the prisoner at the bar were standing at the corner, when I came up they were pretty close together.
Jury. You are sure of their standing still, were they in conversation, or what? - I had not time to observe; before I got across the street, I saw the prisoner running up the lane, I saw Mrs. Battell feeling at her side, and she cried stop thief, he has stole my watch; I ran directly after him up the lane, and before I came within two yards of him, he threw the watch away with his left hand, I saw him do it, I am sure of it, it was a moon-light night; I immediately secured him, I took hold of his left collar, and another gentleman came up, and secured him at the right collar; I picked-up the watch, it was on the left hand side of the street, I desired the other gentleman to take care of it and of him; about ten minutes the prosecutrix came up, there was a croud round, so that I did not perceive her before; the body of the watch was one way, and the case flew on the flag stones; the prisoner begged not to be used ill, we took him to the Compter; he said he did not take the watch, it might stick to him, he could not help it; I saw him actually throw the watch away; I never saw the prosecutrix before.
I live in the Borough, I am shopman to a haberdasher; I knew her the next day to be the same person that lost the watch, did not know her before; (produces the watch) the watch was not broke.
Court. The watch has had more falls than one.
This young woman did not come up for ten minutes, it is not ten minutes walk, is it? - Just as people can walk.
You may be a very pert servant, but you are a very bad witness, be a little decent; I do you mean to say she was ten minutes before she came up? - She had her pattens on, I do not know the other witness, I perceived no struggling between them, they were talking.
I am a butcher at Dockhead, I never saw the prosecutrix nor the last witness before; I was coming along Cannon-street, opposite Abchurch-lane, I saw the prisoner come round her, breast to breast, I thought he wanted to salute her; when I first observed them, they were on the turn, near the corner, I was on the other side, he was some length of time about what I thought he was doing; I saw his body agitated greatly, and move several times, that made me take particular notice of him; I made a full stop, and looked at them, I thought they seemed to be rather familiar, I observed a twisting of their bodies; I suppose they might remain so a minute, I did not hear a word said by either of them; he quitted her, and ran up Abchurch-lane, I observed her then put her hand to her right side, and she said stop thief, I have lost my watch; I ran after him, and caught him more than half way up; just as I was going to lay hold of him I saw the watch falling, it seemed as if it came from his left side, and to be thrown rather than to fall, I did not take any particular motion of his hand, I was too nigh for that; I did not see Roberts pick up the watch, I held the prisoner the while, I think he said he did not rob her; Mrs. Battell came up just as the watch was picked up.
Suppose this watch stuck to any part of him, he moved his arms you know when he run, a man does not run with his arms in his pocket, therefore it might have gone off in an a slant direction; you do not mean to say that you saw him throw it? - No, sir, I do not.
Whether it was brushed off by his cloaths, or stuck to his arm, it would have followed that direction? - It might so.
It must you know? -
Court. You said that from what you saw, when you first saw them together; the idea that you formed at that time, was, that they were familiar together? - I thought so, then, but as soon as he left her, I gave up my former suspicion immediately, then I thought what it was.
Jury. The bruises on the inside and outside cases answer?
Court. Nearly; one does, and another does not; that would be very likely to happen when the case fell off.
Mrs. Battle called, proves the watch, is positive it is her's; it has been in her father's family almost a hundred years.
Prisoner. My lord, and gentlemen of the jury, I am innocent of the affair, I leave it entirely to my counsel.
I am a coach carver and chaise maker, the prisoner is a coach-harness maker, does business for me and other people, have known him about six months, he was in employ for me at this time; he went that day with me to Putney, with a chaise to a gentleman, he parted from me a little after three, at the Spread Eagle, at Windsor, he rode the horse home; he has a very good character as far as I know, I have entrusted him with a deal of property of mine, and would again.
I am a distiller in Broad-street, St. Giles's, have known the prisoner twelve or fourteen years, always looked upon him as a very respectable character, such as I wish to keep company with, strictly so, I knew nothing but he was very industrious.
Thomas Smith , a coach-master, in Welbeck-street, Cavendish-square, known him about four years, he worked for me a year and upwards; a very good character, a very good workman, and a very honest, sober man, I wish I had him to work for me, I would employ him with all my heart; tomorrow, there is not a better workman in London.
Timothy Town , a coach-master, had known him half a year, he hired a horse of me, that Sunday he brought it or sent it home; he is a very sober, honest; just, industrious man, he lives in my neighbourhood, he keeps a shop in Leather-lane.
- Dunbar, a coach-maker, in Blackman-street, has known him five years; his character always a good one.
Mrs. Denton, wife of - Denton, Prince's-street, Cavendish-square. The prisoner has a very good character, worked for us a year and a half, we trusted him with a great deal of property in his hands, and Mr. Denton would employ him again if be wanted a person, Mr. Denton would have come himself but could not.
Mr. Hammond, a distiller, in Broad-street St. Giles's, has known him two years, and ever looked on him as a very honest, industrious young man.
- Trigg, a hair-dresser, Gray's Inn Lane, has known him twenty years; his character was always upright, just, and honest, never heard the least blemish in the world on his character.
Jury. We are perfectly satisfied as to his character, and beg leave to recommend him to the court.
Tried by the London Jury, before Mr. RECORDER.
Thomas Mitchell deposed, that on the 28th of December, the prisoner was sent with a load of coals, to Mr. Jones's country house, at Cranbrook, near Ilford, in Essex , from Mr. Jones's wharf, Wapping .
Henry Sutherland deposed, that the prisoner and another man, desired to leave three sacks of coals in his yard, he refused, but his man gave them leave afterwards, upon which he was angry, he suspected they were not their own, and stopped the prisoner, and sent to his master's.
The prisoner said nothing in his defence.
To be privately whipped , and confined to hard labour for six months in the house of correction .
Tried before the Lord Chief BARON.
Harwood, a watchman, deposed, he found the two prisoners in the fields, and that one was blind, the other lame, the blind one had a jack behind his coat. He produced a jack in court.
Mrs. Milner said, she thought it was her jack, as it was without a handle on the fly, and the handle of the jack she lost was at home, and the fly; it was like other jacks.
The prisoners said they had no friends in the world.
130. JAMES GODFREY , was indicted, for stealing on the 19th of December, a wooden chest, value 6 d. containing eighty-six pounds weight of bohea tea, value 19 l. the goods of William Frampton , - Thompson , James Devereux , and S. Custler .
Mr. - THOMPSON sworn.
On Wednesday, the 19th of December, we sent our cart, loaded with different kinds of grocery goods and teas, for the country orders, to be delivered as different Inns; on the carman's return, about eight in the evening, he told me his cart had been robbed, that Mr. Wilson and he had taken the thief, with the tea upon him; it is my property.
Mr. Wilson. I am a grocer, in Golden-lane , and in the evening, some tea was brought to me by Mr. Frampton's cart; while the carman was delivering goods to me, I observed some men pass and repass the cart, which gave me a suspicion of them; I said to the carman, David, take care of your cart, I think them men want to rob it; he delivered his goods in, and turned his horses heads round, to go off, stopped his horses at the door, and came back to look at his memorandum book, to see where he was to deliver goods next; I observed a chest of tea laid upon the copse of the cart, on that side next our house, the horses heads were up the street, it was upon the right hand side of the horse when the cart turned the other side; I went out of the shop while he was looking at his book, I found a man up upon the cart with the chest of tea in his arms; I laid hold of the skirt of his coat, he fell off the cart with the chest of tea, in the street; I called the carman round, and held the man fast; the carman struck him several times with his whip; I bid him desist, I would secure him, I kept him in hold, and never let him go out of my hands, till I gave
Prisoner. I was going by, I don't know who laid hold of me, I turned my head round, somebody was pulling me, I took it to be the man that chucked my hat into the cart; I never had the property in my hands, I was going home, down Golden-lane.
I am a carman, Mr. Wilson called me out, I saw the chest down in the kennel, I saw the prisoner tumble down, together with the chest.
The chest was produced in court.
To Davis. Is that Mr. Frampton, Thompson, and Hustler's property? - Yes; it is the same that tumbled into the street with the prisoner.
I know the chest, it belongs to Frampton, Thompson, and Hustler.
Carman. That chest was delivered to me.
Jury to Wilson. Had the prisoner his hat on? - I cannot take upon me to say, whether he had his hat on or off.
I was walking along, down Golden-lane, in my way home, two men came walking after me, I was passing the cart, one pushed me, the other chucked my hat into the cart; I thought it no harm to get up in the cart to take my hat, I just put the hat on with my right hand, and laid hold of something with my left, by pulling me strong, it came down, I thought it was the man that pulled my hat off my head, I always worked very hard for my living, I never did such a thing in my life; my witnesses have been here since Wednesday morning, they are not here now.
Court to Mr. Thompson. What was the value of that chest of tea? -
Mr. Thompson. About nineteen pounds.
Court. If a thing is moved from the place where it is, with intention to carry it off, and stealing it, that is as compleat a robbery, though they are prevented, as if it was carried away.
Tried before Mr. RECORDER.
EPIPHANES POOLE sworn.
On Friday the 7th of December, about a quarter before eight in the evening, a person came to my house, I am repairing a house for Dr. Dale, in Hatton-garden ; a person came and told me there was a man walking about with a light in that house, belonging to Dr. Dale; (I am a carpenter) I went next door for a candle and lanthorn, I took the key and opened the door, I heard a person run from me, I followed him down to the kitchen, there I got sight of him, and took him; I searched him, I found this tinder-box with flint, steel, and a knife; I called to my son, and sent for a constable, in the passage I found a looking-glass stand close to the door, in the back parlour we found another glass taken down from the chimney, they were both chimney-glasses, taken from the chimnies in that house, one in the back and the other in the fore parlour; one was up in the back parlour, I had been there three hours before, we found the tools for taking them down, some in one parlour, some in the other, which tools, belonged to my men, at work in the house, and was brought down from the two pair of stairs; I understood the glasses belonged to Mr. Foot.
They were left there for Dr. Dale? - Yes.
I never saw the glasses till I saw them there; the second time I was at the justice's, they consented for me to serve his
The glasses belonged to me; I supposed they would go with the lease of the house; it afterwards appeared I had them to purchase, and I have purchased them since, but at that time they belonged to Peter Foot , administrator to the person that had the lease of the house.
Prisoner. I never saw the glasses before the Justice, nor no where else, till now.
Dr. Dale said, he supposed the prisoner got in at the window by a ladder, which belonged to him, none of the workmen owned it.
To be publicly whipped , and imprisoned for two years in the house of correction .
Tried by the First Middlesex Jury, before Mr. RECORDER.
There was no proof to affect the prisoner in the least.
I am mate of a ship . I was boatswain; I had my money stole from me the 7th of January, about 12 at noon; I was settling some accounts of the Captain's on board a ship, I then counted my money, made six piles of it, five guineas in a pile, and an odd one; I thought there might be some deficiency between the captain and I, as he paid me but that afternoon; I counted the money on the log book, I heard a foot, I saw it was William Tingey , Legget did not see the money; they both worked on board at the time of discharging the cargo; Tingey came into the cabbin as the money lay on the log book, and said he had come in good time; I laid the money aside upon the corner of the log book, all up together in a heap, it lay in piles upon it before; I stood looking over the book, and the log book was open; he asked me if I was going on shore, I told him I believed I would go ashore to dinner; I went ashore with him and a waterman, I put the money in my chest, and locked it and the cabbin door, he saw me put the money in; I went ashore to a public house, Mr. Davis's, and had a pot of flip there, I cannot tell the name of the place; from there to Mr. Buffham's, we drank at both, we stopped at Mr. Buffham's till almost four o'clock; I went to the Captain's in Leadenhall-street; I asked Tingey to go along with me, he said no, he had to go to Narrow-street to do some business, that is near Limehouse; I left Mrs. Buffham's a few minutes after four, and went up to the Captain; at seven o'clock I went to my ship, and missed my money; the first thing I observed was, the door was shut, and the lock of it broke, when I opened the door I went to the chest, and found it open, they had drawn the nails of the hasp; I went ashore about eight that night, and got a warrant to apprehend William Tingey on suspicion; he was taken up the next day, I was present, he said he knew nothing at all about the money; in theThomas Legget , I apprehended him, I was present, he said he knew nothing about it; to their own confession, here is the leg of the chair they broke it open with.
Court to Allen. What is the name of your ship?
Allen. The Well.
Hughes. I carried them on board the Quebec; they staid ten minutes, they came away, I carried them on shore; the Well lay along side the Quebec.
Prosecutor. They can step from the Quebec to the Well; they must go on board the Quebec first, before they can get to our ship.
I am an officer, an headborough; on the 3d of January Mr. Allen came for a warrant, we apprehended Tingey and Legget, I searched Legget, he stripped directly, I believe he had a shilling or two about him; Mr. Tingey refused to be searched, he pulls out two or three guineas; and said that was all he had, he said he would be damned if I should search him; I felt my hand about his trowsers, and felt a lump that was in this purse, on one side of his breeches there were eighteen guineas and some silver, there are fifteen guineas now; the silver was returned to the man, he said it was his own money at first, afterwards, when locked up, he said it was the man's, Allen's; no promise was made to him to confess; he mentioned it at the Lebeck's Head, the public house; nobody said any thing to him; here is a guinea the man takes upon him to swear to; he says he and Legget went on board the ship, and they broke the cabbin door open with the leg of a chair. The money has been in my possession ever since.
( Allen looks at a guinea in the purse, it was handed to the Court.) It fell in the ashes of the stove, and there is in the back of the head some of it.
You believe that to be your guinea? - Yes; I do indeed.
The prisoner says you fixed on two or three more of them? - No; I could not swear to the number.
I am a headborough; I had a warrant to execute, we met Legget and Tingey, I took them to the public house opposite the office; we searched Legget, and found some silver; Tingey pulled out three guineas, and would not be searched; he went to make water, I went with him, he did not want, but was sideling about his breeches, there was no proof against Legget; Tingey said, cannot this matter be settled, let the man have his money again, and no t to prosecute, go to Legget, he has got some of it; I took up Legget, and Legget said, since you come to this, I will tell the justice the whole, he said if you will go to my house to the out-house amongst some bricks; one Hugh Henley went with me; Legget was coming to surrender voluntarily; the second time of taking Legget, he told me that he said to Tingey, when he was breaking open the cabbin door, what you are doing will hang us both.
Was any promise made to Legget? - I said I would speak as favorably as I could; I told him what Tingey told me, and Legget told the Justice that Tingey broke open the cabbin door; I said to Legget he should be favorably dealt with; when we brought him up the second time, Legget told the Justice the day after he had made a discovery of the money, I told him I would serve him in the best manner I could; he told me there were seven guineas in a shed behind some bricks at the back of his house; I told him there were only six guineas, he said he had spent one; here are the six I found, Henley was with me when I found them.
I am servant to the Keeper of New Prison; I attend the prisoners up from gaol to the magistrates, I attended Legget; we have a house where we lock them up, called the Lebeck's head, in Shadwell; Allen informed me Tingey had a mind to open some things to him; Legget was not there, he was discharged before the magistrate; Tingey told me that Legget had seven guineas of the money taken out of Mr. Allen's chest on board the Well; he was not told he should be favorably dealt with; Allen then told us he apprehended Legget; I had him in custody, he told me he was on board the Quebec, not the Well, but he had received seven guineas of the money when he came on shore, which he had hid in his house; this was about one or two o'clock the same day, when Forrester and Farrel going after him, they met him, he said he could not rest all night for it, and was come to tell what he knew.
First of all I took that lad, and went from Ratcliff cross to go on board the Quebec, with Legget; I never was out of the Quebec till I went into the boy's boat to come on shore, both of us; I have no witnesses at all.
William Tingey asked me to go on board the Quebec, to do a tide's work; I went on board the Quebec, and no farther than her forecastle, the fore part of the ship, and I saw William Tingey ; the Captain asked if we were going on shore; we came on shore in the boat, and went to the public house; I was drinking along with Tingey, he asked me whether I had got any money, I told him no, he said he would lend me some; I told him I was rather distressed, he lent me seven guineas, from thence I went home; I belong to the guards, and have done so for eighteen years, my serjeant will speak for me.
Mr. Allen said Legget behaved very honestly on board the ship.
BOTH GUILTY .
Tingey to be confined to hard labour in raising sand and gravel upon the river Thames for two years .
Legget to be confined to hard labour for six months in the House of Correction .
Tried by the Second Middlesex Jury before Mr. Justice HEATH.
Richard Stevens , an ostler, deposed, he saw the prisoner take the great coat from a settle where it hung, in the King's Arms inn at Uxbridge ; that he followed him three or four hundred yards, and brought him back, there was another with him, he got off.
Mary Woodstock , the servant maid, deposed, that he had another person with him, an accomplice, who went and snuffed the candle, and said, by your leave, gentlemen, while the other ran away with the coat.
I was in the house drinking, but I know nothing of the coat, I never saw it.
To be publicly whipped , and confined to hard labour for six months in the house of correction .
Tried before Mr. RECORDER.
JOHN WAGER , was indicted, for stealing on the 10th of January , instant, four guineas, a two-guinea piece, two half guineas, two louis-d'ors, and a Spanish doubloon; the goods of William Farrer , privately from his person .
William Farrer deposed, he was going to the 2 s. gallery of Covent-garden Theatre , on Thursday evening, the 10th of January, went in with the crowd, found the prisoner's hand in his pocket, seized it, never parted with it till he got him secured, that he shook his hand, and the money fell on the entrance of the gallery steps; he looked at his money while under the piazza, and then he had nine guineas, two half guineas, a two-guinea piece, with a hole in it, and one Spanish doubloon; that five guineas remained in his pocket; the man pulled his hand out in the struggle, but the witness said, he never quitted hold of his arm.
Richard Calthorpe deposed, he was in company with captain Farrel, that he collared the prisoner, on Farrel's saying he was robbed; the prisoner was given in custody to a constable, nothing found upon him when he was searched; the prisoner left his defence to his counsel.
Court. The charge in the indictment is a capital offence, the stealing privately from his person to the value of 5 s. and upwards; it ceased from being privately taken, as he seized him, by taking hold of his hand, before he lost his things; the larceny is the only thing in question.
GUILTY of stealing, but not privately .
To be privately whipped , and confined to hard labour for six months, in the House of Correction .
Tried before Mr. Justice HEATH.
James Cleaveley deposed, he was a ship-wright at Depford, that he lost his watch, seals, and key, at No. 5, in Star Court , at about eight in the evening, he was picked up by Bumpus, he was not sober, but a little intoxicated; she took him to Star Court, into a chamber, where he found Bruce undressing herself; he staid till half past eleven, one was gone when he waked, and the other immediately ran away; the prisoners were taken that night, but he never found his watch.
136. MARY SLUG and MARY OSBORNE , were indicted, for stealing, on the 19th of December , fourteen yards of blond lace, value 30 s. one linen shirt, value 12 s. two pair of leather pumps, value 10 s. one linen handkerchief, value 1 s. the goods of Mathew Eswel Towle , in the dwelling house of Elizabeth King .
The evidence of the prosecutor varied materially from his information given to the justice, which was read in court, and the jury were directed to acquit the prisoner.
John Grey deposed, he drank in company with the prisoner, at a club in Maynard-street, St. Giles's , when he went away, the woman went out with him, and he had not far before he took out his watch to look at the hour, that the prisoner snatched it and made off; the watch was found upon her by the constable, between her stays and her skin.
She asked him to go with her, and he agreed, and let her have the watch for a crown, and he would come and redeem it, and desired she would not let it be known.
GUILTY of stealing, but not privately from his person .
Privately whipped , and six months imprisonment .
Tried before Mr. Justice HEATH.
The only person that saw the prisoner take the hats, was a boy, not twelve years of age, who was interrogated by the court, and did not know the nature of an oath, nor the consequences of taking a false oath.
Wainman deposed, he lost his money in the crowd, in the passage going to the 2 s. gallery, at Covent-garden Theatre , and charged the prisoner, who was searched, and no money found but a shilling and some halfpence.
The prisoner in his defence, said, his master had given him the shilling to go to the play with, and sixpence to buy fruit.
Mr. Prior a butcher, in Butcher-row, dedosed, he was the lad's master, and he had given him the eighteen pence to go to the play, that he was a very honest lad, and a very good lad.
Mr. Williams, and Mr. Ghinn, housekeepers, gave him a good character.
140. EDWARD FLYN was indicted, for assaulting John Woolgrove , upon the King's highway, on the 5th of December last, putting him in corporal fear and danger of his life, and taking from him 7 s. and 6 d. in money .
I was robbed on the 5th of December, on the road from the Green Dragon at near seven in the evening; he could not speak to the features of the prisoner.
James Briley and John Hull , deposed, they were with the prisoner, from between five and six, to within a few minutes of eight in the evening, on the 5th of December, at the Rose, in Rose-lane, Spittal-fields.
141. DAVID HART was indicted, for stealing, on the 16th of December , forty eight yards of coach linen cloth, value 53 s. six cotton handkerchiefs, value 10 s. 6 d. and one ell of wrapper, value 6 d. the goods of John Eagles .
To be publickly whipped 100 yards in Thames-street, opposite Fresh Wharf , and discharged.
PATRICK CROCKHALL was indicted, for stealing, on the 7th of December last, a wooden box, value 2 s. and 3420 dozen of thread buttons, value 22 l. 16 s. and 48 pair of mens stockings, value 7 l. 15 s. the goods of Ann Partridge , widow , and William Iliff .
Roger Hayward and John Bloodworth deposed, they saw the prisoner take the box containing the things, out of the waggon belonging to the prosecutors; the box was produced in court containing the things.
To be confined to hard labour, in raising sand and gravel upon the river Thames, two years , being an old offender.
The prosecutor deposed, he had employed him to watch the vessel, and he caught him in the fact of stealing the sugar out of her.
Fined 1 s. and confined to hard labour for twelve months .
145. VALENTINE COLLETT was indicted, for stealing on the 14th of December , two pair of metal watch cases with, gilt with gold, value 20 s. one case, gilt with gold, value 5 s. her watch cases of metal, gilt, and chains and seals , the goods of Thomas Hawkins .
146. ELIZABETH TURNER was indicted, for stealing, on the 30th of November , one linen gown, value 5 s. one dimity petticoat, value 5 s. one linen shirt, value 8 s. one cotton shirt, value 5 s. and three childrens linen frocks, value 5 s. the goods of Joseph Barker .
To be privately whipped , and confined six months to hard labour .
147. JAMES GABEL was indicted, for feloniously stealing, upon the 27th of December last, three callico shirts, value 5 s. one silk coat, value 5 s. and one silk and hair waistcoat, value 5 s. the goods of Stephen Skinner .
To be confined to hard labour for one year .
To be privately whipped , and imprisoned one month in Newgate .
150. EDWARD DEAN was indicted, for stealing, on the 15th of December , two cotton gowns, value 14 s. two petticoats, several shifts, caps, and handkerchiefs, and one sattin cloak , the goods of Dorothy Tranter and Mary Tranter .
152. DANIEL MURPHY was indicted, for stealing, upon the 4th of December last, a metal watch, the case of Egyptian pebble, value 7 l. a silver watch, value 3 l. two mourning rings, value 20 s. two plain gold rings, value 15 s. two silver punch ladles, value 25 s. two tankard covers, value 10 s. a tortoise shell snuff-box, and sixteen guineas, the goods of Benjamin Bayless , in his dwelling house .
153. HUGH CARLINGTON was indicted, for stealing, on the 31st of December , one white chip hat, trimmed with gauze and blue ribband, value 1 s. 6 d. and one linen handkerchief, value 8 d. the goods of Jane Redhead , spinster .
To be privately whipped , and confined to hard labour for six months in the house of correction .
Patrick Madan , you were brought up at the last Sessions, to know what cause you had to assign to the court, why execution should not be awarded against you upon the sentence of Death, you had received upon the felony of which you had been convicted; you stated a defence in writing, and the court gave you time to prove the facts alledged in that defence, which must now be read again in court.
(The defence was then read by the clerk of arraigns. See the written defence, page 18, in the Sessions Paper, No. 1. Part 1. of the last Sessions.)
Mr. Recorder then interrogated him.
Are you now prepared with any evidence, to prove the truth of the facts stated in this defence?
Have you no evidence now to offer? - No, my lord, I have sent a letter to Ireland, but I have had no answer to it.
Mr. Recorder. The record of this conviction was read at the last sessions, he then acknowledged he was the same Patrick Madan that was convicted of that offence, and stated the defence which has now been read, and the court gave him till next sessions to prepare a farther defence; he is not now prepared with it; the order of the court is, that he be remanded under the same sentence passed upon him, at the sessions in which he was convicted; the court is of opinion, that having broken the condition of the pardon, he remains in the same state in which he was before that pardon was granted; which was, that of remaining under sentence of death, with a respite of that sentence of death, during his Majesty's pleasure; he must therefore now be remanded to prison; and I shall state the case as it now appears, of his being at large, contrary to the condition of his Majesty's pardon, to the twelve judges for their opinion; if that opinion should be, that he is subject to be executed upon his former sentence, I shall communicate it to his Majesty.
Patrick Madan . I never was brought up to the bar, to know the consequence of my returning as I did; Mr. Akerman's clerk came to me, and asked me if I was willing to go for a soldier, I said, yes; my lord, for these seven years I have not been out of a prison seven months; I was tired of a prison, I said I was willing to go as a soldier, I was not brought up to the court, to know the consequence of returning, I was utterly ignorant of it.
Mr. Recorder. That plea will avail you if it can.
Mr. Recorder. So far as you said in your defence the transport put back, is true.
Mr. Recorder. No.
Mr. Recorder. Let him be remanded as a respite during his Majesty's pleasure.
Mr. Recorder. You have acknowledged at the last sessions, that you was the same Robert Hill, who was convicted of stealing goods in a dwelling house, and received sentence of death; what have you to say now, why execution should not be awarded against you, upon that sentence.
Robert Hill then stated to the court, the defence made for him by council, last sessions, when he was called up to shew cause, &c. (See page 19 and 20, of Numb. I. Part I. of the former Sessions Paper) and added, because he had refused to go on board the African ship, the captain ordered him out of the cabbin, and another person, and said, we wanted to scuttle the ship, and I don't know what they mean by that; they had a shim sham court marshal, we were tied up, and I received 175 lashes, after the order came down to remove me from his ship; then we were put on shore at the White house at Portsmouth, and we were sixteen weeks there, without so much as a bit of bread or drop of water to subsist on, we could not get water without paying a penny for it, necessity made us get away, and we did it without force, we got over the wall.
Court. A great part of what you have stated is true, I know an order was sent from the secretary of state, which I obtained, for removing you from that ship which you had illegally been put on board of, the condition of your pardon being to go to the East Indies; with respect to the escape from prison, what you have urged in vindication of that, rather goes as a matter to obtain compassion from your sovereign, than any justification in the court; the court orders that you remain a respite during his Majesty's pleasure.
Mr. Recorder. John Shepherd , you have been convicted of forgery, upon which you have received the judgment of death; that judgment has been respited, upon a case reserved for the opinion of the twelve judges, they have unanimously given their opinion your conviction was legal, at the same time they thought fit to recommend you to his Majesty, in consideration of what you had already suffered; so far, though your offence was of a nature for which you could not have hoped for pardon or life, in consideration of what you had suffered, they recommended you, so far as to the saving your life; and his Majesty's pleasure duly signified to me, is, he is pleased to grant a pardon, upon condition of your being confined to hard labour, in raising sand and gravel for three years; are you willing to accept of his Majesty's pardon upon those conditions?
Mr. Recorder. Then it is ordered by the signification of his Majesty's pleasure, you be confined to hard labour, in raising sand and gravel upon the river Thames, for three years .
The sentences of the following prisoners were not inserted in Numb. II. Part I. as that number was printed before the sessions ended, and published the day after.