NUMBER III. PART I.
BEFORE the Right Honourable WILLIAM PLOMER , Esq. LORD MAYOR of the City of London; the Hon. Mr. Justice GOULD; and the Hon. Mr. Justice NARES, two of the Judges of the Court of Common Pleas; and the Hon. Mr. Baron PERRYN, one of the Barons of the Court of Exchequer; Mr. Justice BULLER, one of the Justices of the Court of King's Bench; 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.
154. SARAH FROST , was indicted, for making an assault upon Elizabeth Mines , widow , putting her in corporal fear and danger of her life, and taking from her person, one linen gown, value 5 s. a pair of stays, value 5 s. a callico petticoat, value 8 s. a flannel petticoat, value 2 s. a silk hat, 6 d. a linen pocket, value 6 d. and 3 s. 6 d. in money; the goods and monies of the said Elizabeth Mines , widow.
ELIZABETH MINES , sworn.
I know the prisoner at the bar, I saw her at the time she robbed me and stripped me.
Tell your story.
I went out after some sugar-candy, I lived at Mr. Stanley's at that time, in Chick-lane, her sister and the maid was in, this was on the Sunday night, the 16th of December last, it was rather late in the evening, Mr. Stanley was very ill, like to die, is since dead; I saw a young man, and asked him where they sold it, he told me to come with him, he took me up an Alley, Murphy's Alley , and said, some people there sold it, and would get up if they were abed; when we came to the middle of the alley, he whistled, & several girls came round me, I am sure the woman at the bar insulted me first, and asked me, what I wanted with her man; I never saw her before; she stood the longest by me, and nearest me, and most active in stripping me; it might be about eleven o'clock; there is a lamp in the alley, it was not quite dark; I began to tell them I knowed nothing of him, they began to strip me, they left me nothing but my shoes and stockings, and my shift, and pattens, there were more, they all concurred; one of my pattens came off, I said, for God's sake, don't take every thing from me, she said, blast my eyes, if I made any noise, she would cut my bloody eyes out; after they took every thing they went away, one woman by, said, pray don't take her shift for decency, I said, pray give me something to put over my head, they returned me one handkerchief I had in my pocket; I went away, a woman came up the alley, and asked what was the matter, I told her, she took me and put me into a room, and bid me stop; I had an old petticoat and bed-gown brought me, I stopped there till day light, then I went home.
When did you see her after? - When I came out of the alley I took particular notice of the place, I went and told Mrs. Stanley, they directed me to Mr. Blackborrow's, they took John Tate , and about a week after the last trial, they took this woman, I was sent for to the justice's, and they came and asked if I knowed the person.
When you came to the office you was shewn the prisoner at the bar? - Yes.
Was she then alone or in company? - By herself; they asked me if I knowed that person, I said, yes, that is the person that robbed me; Mr. Blackborrow asked, if I was sure of it, I said yes; I am now certain the prisoner at the bar was the person, if I was not certain I would say no such thing.
Cross-Examination by Counsel.
I am a widow, I am a lace-maker , and sometimes I get my bread by needlework, I lived at Mr. Stanley's a week or fortnight after Lord Mayor's day.
You swore you was servant to her? - I said I lived there.
Was you servant? - I was a weekly servant, not otherwise; I went out to buy sugar-candy by Mrs. Stanley's orders; I went home in the morning as soon as light, it was in Murphy's alley, about a quarter of a mile from it, I did not know where I was nor the way home, I knew nothing of a reward upon conviction of this woman, till after she was taken up; I want no reward, I want nothing but justice; I never saw her before, I think it was the 16th of November, and a fortnight after the last trial I saw her again; she took the things to Hannah Arnold , to pawn, I don't know what was found, Hannah Arnold said, this woman pawned them; it was only a glimmering light, it is a long slip of an alley; there is a lamp to the best of my knowledge, there was a glimmering light only; I never gave no other account of this than the truth; she told the justice, I said I was with a man who robbed me.
Court. You was an occasional servant? - Yes; after the sister was ill, and maid, I did the work; Mr. Stanley was ill in a decline, he is since dead; the sugar-candy was for him, Mrs. Stanley told me.
I am a constable of Clerkenwell parish, I had an information against Tate, Arnold, Ing, and Frost, for a robbery, amongst the
I know Elizabeth Mines ; she went out on Sunday night at seven o'clock, I was in the house at the time, at my mistress's, the cook's shop, Mrs. Stanley's; she went out at seven o'clock, not eleven o'clock; she had lived there three weeks, I was servant there; she was not at home at eleven o'clock at night, she did not go out at eleven o'clock to buy sugar-candy for Mr. Stanley, she came home at eight o'clock on the Monday morning; she went to Clerkenwell green, and was enticed into a house in White's alley by Samuel Taylor , and he stood over her with a cutlass; there was a bed there, and she laid in the house all night in a lower room there.
I know Elizabeth Mines , she was a lodger at my house on the 16th of December, and never was a servant; she was not employed at eleven o'clock on Sunday night to go out and buy sugar-candy for my husband; White's alley is about twenty doors up Saffron-hill; when she came home in the morning, she said she was robbed in White's alley; I sent her to a Mr. Ravenscroft's; when she came back, she said one Sam. Taylor enticed her up an alley; she did not, on her oath, go out at eleven at night to buy sugar-candy for my husband.
Tried by the First Middlesex Jury, before Mr. Baron PERRYN.
155. EDWARD WILKINS was indicted for feloniously making an assault upon John Morant , in the King's high way, on the 15th of January last, putting him in corporal fear and danger of his life, and taking from his person a silk purse, of the value of 6 d. a leather pocket-book, value 5 s. a stone ring, set in gold, value 5 l. and two guineas and five shillings, the goods and monies of the said John Morant .
I was robbed on the 15th of January, between five and six in the evening, between Bayswater and Tyburn turnpike ; I had been out a hunting that day, I was in a chaise; there were two men in company with the prisoner; one stood at the horse's head, the other two came up to the chaise, and robbed me of my ring and pocket-book and money; it was just dark, I could not distinguish the men's faces, it was not light enough, it was so dark I could not see to distinguish their pistols; I lost a ring, a purse of silk, brown and gold, two guineas in it, and some silver they took out of my pocket; the ring was a Cameo stone, an antique ring, set in gold; I drove home after they robbed me, I got home before six o'clock, about ten minutes after the robbery, I live in Park-lane: when I dined, Mr. Briggs came and brought this man to me; they said they had a highwayman at the door, that he had broke a butcher's cart; they asked me if they should take him to the justice, I said they might, but it was so dark I could not see their faces at all; I was sent for to the Justice's, and bound over to prosecute; I know no more of it; there was never any thing found again, I believe.
I am a butcher; I live in Whitechapel-road; I had been to Acton with some meat in a little cart, and coming by Tyburn turnpike there were two men came galloping by as fast as they possibly could come, towards Acton that road; I said to a little boy, I am afraid of mischief, we shall never be able to get away; one of them rode against the shafts of the cart with his horse, broke both shafts, threw his horse down,
Court to Morant. You said, between Bayswater and Tyburn turnpike? - Yes; I was coming from Beconsfield.
Briggs. I was coming from Acton.
From Jury. Did you see their faces? - No.
Hepburn. I was at Bayswater, I and my man went out, I heard a terrible crack like a gun, I picked up the gentleman at the bar, he was stunned with the fall, I had him into the house by the arm, he begged as soon as he could speak, to go out to ease himself, I said to my man, don't let him come to any hurt, I put him in care of my man.
Briggs. He was searched at Bayswater, when I took him there were no arms about him.
Mr. SANDS sworn.
I know no farther than my master gave me charge of him, lest he should come to other harm; I said you will get into a ditch, he said I want to ease myself, I withdrew, he walked a good way up the road.
I had been in town for my master, Mr. Dawson, the wax chandler, Craven-hill; as I was going along, I saw these two men on horseback order the post boy to stop; about half way between Tyburn turnpike and Bayswater, about just dark then, they bid the post boy stop; the gentleman in the chaise bid him go on, and then they went close to him and stopt him, at the time of the robbery I heard somebody talk, I was on foot; I stopped a few minutes, I made a little way to the people talking, and told them there was a chaise stopt; before we got up to the chaise, the gentleman was robbed, these people were on foot; as soon as they had robbed the gentleman, they turned back, and went as swift as the horses could go towards Acton; when they passed by me, one said to the other, damn your eyes mind your fire. I was going home to my master's, just by Bayswater; it was not light enough, I could see partly the colour of the horses, they went so swift I could see nothing farther, I think they were of a bay colour; I was not five minutes before I got to Bayswater; when I came opposite the public house, I saw a light in the road, and the landlord and three or four people were standing round the horse that was thrown down, he was not quite dead, but he never got up any more, I could not see how the horse was hurt; they were talking of the force he came down with, I said that is the horse of one of the persons that robbed the gentleman on top of the hill; there was no other horse passed me at the time, I am sure of that; there is a house betwixt, but no other horse passed backward or forward; I mentioned it to the landlord of the public house, she said let us go and fetch him back, they had let him go off, I did not go up, but the landlord and Mr. Evans went up and fetched him back, I went with them to Mr. Morant's house.
What colour was the horse that was hurt by running against the cart? - A darkish bay; I told Mr. Morant what I have told in Court, and I told the Justice the same.
How did you know that? - I saw him after he was dead; he died before we came back from the justice's, I made enquiry there are some houses.
You pursued him? - After what passed; I mentioned it; I never saw the gentleman, in the chaise at the time. I have seen Mr. Morant since; I work with Mr. Dawson of Crownhill, I had been in town that evening, and was going home, it was dark the road is the common breadth of above road there is no other between no other horse; passed me from the time they rode by will I came to him after when I say the colour of the horse I don't know the colour of the man's cloaths.
The horse you saw lying in the road was that like the colour of the horse that I passed by? - Yes.
How came you so know Mr. Morant was robbed? - We heard of it at the green man and still.
I keep the Swan at Bayswater, I was in door, my little boy was out, he came in and told me, there was a man on horseback run against a cart. I went out and saw the man laying in the mud, Mr. Evans was helping him up, he had him in doors directly, I heard him say he should be glad to go out to ease himself, or get a little fresh air, he went out, I ordered the hostler to take care of the horse; the horse laid down at that time; I heard somebody talk there was a chaise robbed, the man we took up was gone away, and directly Evans, I, and Briggs, went up the hill after him, I ran before, catched him, and brought him back to our house; I went with him to Morant's, I asked the boy if it was a Beconsfield chaise that had been robbed, he told me Mr. Morant had; I went before the justice, I know nothing of the robbery; the next morning I and my man found two pistols, one on each side of the road, near my house, I have them in my pocket; he produced a pair.
Were they loaded? - Yes; to with a few large-size shot and a little powder.
You don't know what sized shot? - About the second size, I said; them by at the time, I could not find them to bring here, I am sure I found these pistols, I saw my man pick them up; it was about ten or twelve yards from the place where the horse lay they were just facing out through, the horse fell between our house and the turnpike.
Mr. Briggs. It was opposite the horse trough he ran against my cart it was a great deal. Tyburn turnpike than Acton, it was near the water trough To Collet. How far is the trough from your house. About four or five yards, as near as
Jury. Did the prisoner offer to run away when you went after him? - He did run.
Court. Did your witness say be eased himself? -
Mr. Sandys. I had hold of the prisoner's arm, he desired to go across the common road to safe himself, I did not go close to him, he kept on the road and did not come back again.
I am an officer, when he was brought into the office in Bow-street, I searched him, and found two guineas and two half guineas in his pocket, and in his waistcoat pocket a few grains of powder; it was amongst the dirt, I put it in the fire to see if it was powder or not; the next morning the pistols were brought; the powder was very wet in the pan and inside too, they had lain in the wet all night, I found the shot.
Collet. The pistols were stuck in two heaps of mud, it was too a wet night; the master of the public-house saw, the two guineas taken out of his pocket.
Morant. There was a bad shilling in his pocket.
I am as innocent of the robbery as the child unborn, I am a person that keeps a house in credit.
John Stock . I keep the Magpye, Newgate-street, I know the prisoner from his infancy, he keeps a barber's shop , he is a master barber, he served his time in Holborn; he has a great deal of custom and has a good character.
JOHN BROWN sworn.
I live in Holborn, he served his time with me, was very honest and sober, I have known him since, he has assisted me and my people, he always behaved honest and sober while with me, and I never heard any thing bad of him; I live next door to the Bell Inn in Holborn he lives on Snow-hill, corner of George-yard; I was satisfied of his honesty, and made him free of the city of London, always heard he had a good character.
I am a brazier in Shoe-lane, have known him eight or nine years, always had a good character, he has been set up in business about four or five years, I never heard any thing amiss of him.
William Hawkins , a baker in Shoe-lane, I have known him eight or nine years, ever since I have been in the neighbourhood, about ten years, he has been employed constantly by me, always had a good character.
Mr. Morant called again. Said he bade the boy go on at the time they were stopt, as he had heard there were highwayman on the road, he put his head out, and bid him go on.
GUILTY . ( Death .)
Tried by the First Middlesex Jury, before Mr. Justice NARES.
Prisoner. I beg for mercy, Gentlemen, as I am innocent of it.
156. ANTHONY EOKART was indicted for stealing, on the 9th of February , five linen shirts, value 40 s. nineteen pair of cotton stockings, value 3 l. four pair of thread stockings, value 10 s. nine pair of silk stockings, value 3 l. a linen handkerchief, value 6 d. a case of instruments; of different values, the goods of Richard Onslow , Esq ; in the dwelling-house of John Lawton .
Mr. ONSLOW sworn.
I know the prisoner; the charge against him is robbing me, he belongs to the ship I command, and acts as my servant , he acted as my servant some months; I lost the things at my lodgings, Mr. Lawton's, No. 3, Welbeck-street ; I had been there three or four days; there are many things.
( The prosecutor deposed to the things mentioned in the indictment.)
I paid 3 l. odd for the instruments, 40 s. is inferior to the value, I gave 7 s. a pair for the cotton stockings, valued at 3 l. in the indictment. On the 9th of February I rose about nine o'clock, I enquired for my servant, they said he went out as soon as he got up, that he had been out about an hour; I had lain my case of instruments on the mantle-piece, I missed that, I thought as he went out so early, he might have taken it; he had the key of the trunk, I was going out to breakfast, and did not trouble myself about the other things at that time; I went to breakfast with the younger or lady
Prisoner. I was in liquor when I did it.
Mr. Onslow. I left the instrument case, when I dressed before dinner, on the mantle shelf; the prisoner was drunk when I went to bed.
I was gone into the city the morning Captain Onslow was robbed; when I came back Mrs. Lawton told me of it; I went down to Bow-street, Captain Onslow left word for me to come; Capt. Onslow and Justice Gilbert were gone; I did not see the goods till I came to the pawnbroker, and then I saw them in the handkerchief, and the Captain said I am going to Admiral Keppel's to dinner, and desire you will step to the pawnbroker's for the key of my trunk; I went, and he gave me the key I delivered to Captain Onslow.
I had the key from Mr. Lawton; I was not present when it was opened, Mrs. Lawton opened it.
Aldus. I am a pawnbroker; on the 9th of February, about eight in the morning, the prisoner at the bar, brought the things mentioned in the indictment, to me, to pawn; the prisoner told me he brought them for one Mr. O'Brian, No. 52, High-street, Marybone, he had a livery hat on then, with a cockade, the shift and stockings are marked O, I thought he brought them right, I asked if his was up, he said as he was out last night, he did not suppose he was, that he desired him to pawn them for six guineas, I said, I dare say his master would not be angry, I would not give him the money, but would step home with him and see his master, to see that he was right, as there were a great many good things; he said he was very willing to go, I went with him to No. 52 first direction; when I came opposite he told me, my master lodges at that house, the windows are not open, they were done up; I told him I would go and look, I desired him to go with me to the house, to know if he lodged there, he said he would not go near the house, I said I would not leave him, but would come back with him when his master was up, that I should not part with him or the things till I see the right of it; going back, he pulls out this case of instruments, told me he was on board in a battle, and these instruments were given to him by a Dutch lieutenant, he said he would sell them for half a guinea, he pulled out the knives belonging to the case of instruments, I observed they were stampt Gray; Gray lives in Bond-street; I told him it was very odd he should have them from a Dutch lieutenant, when Gray lived in Bond-street, he said so it was; when we were coming home, I took the knives from him, and told him the things were not his, he called at Admiral Barrington's, and the boy seemed to know him, he asked for the butler, he was not up; I took him to Bow-street, and then I went back to No. 52, and they said, there was no such person lived there; I asked there if they knew the prisoner's name, they said no; I asked if they knew captain Onslow, they said no, there are two parcels of stockings wrote Onslow at length upon them, I went to admiral Barrington's, and they told me where captain Onslow lived, I went there and informed him I had got some of his property and the prisoner.
Was the prisoner in liquor? - No; perfectly sober when he came to my shop; he got a pint of beer going along in High-street, Marybone; the handkerchief and key were taken out of the prisoner's pocket, they were all offered to pawn, except the handkerchiefs; I have had them ever since.
Captain Onslow deposed they were his things which the pawnbroker produced.
I offered to pawn the things with the pawnbroker for two days, and then to take them out again; I have nothing else to say, I was persuaded by a person to pawn them for a few guineas for two days, and then the person was to give me the money back again, and I told the pawnbroker I was to take them out again in a day or two; I have no witnesses to call to my character, I am a German.
GUILTY . ( Death .)
Tried by the First Middlesex Jury, before Mr. Justice GOULD.
157. LUCIUS HUGHES was indicted, for stealing, upon the 22d of January last, a gold watch, value 30 l. two gold seals, value 4 l. and a gold chain, value 5 l. the goods and chattels of his excellency Charles Christian Morris , Baron de Kutzleben , privately from his person .
I was robbed on the 22d of January last, coming out of the Opera-house , of my watch, which was gold, and two gold seals, and a gold watch chain; I was in company with the Dutchess of Pembroke, and Lady Kutzleben, there was a great crowd, and the horses striving to come up with the carriage, somebody touched me, two people called out, this is the man that took your watch; two constables took the prisoner at the bar into custody.
I don't know the person of the prisoner at the bar, I perceived when it was taking away, but did not perceive the prisoner at the bar, somebody touched me, but my watch was gone, I was close pressed, there was a great mob, it was in the street, going out of the Opera-house, I had no knowledge it was gone, till I felt and it was gone, I was pressed very close.
I was at the Opera-house on a Tuesday, when this gentleman lost his watch, I was second chairman.
Look at the prisoner, Did you ever see him before? - Yes; that night at the Opera-house, he put his hand to that gentleman, (the prosecutor) and took the watch out of the gentleman's pocket, the gentleman said he had lost his watch, I took hold of the man and told the gentleman, this man has got your watch, the man let it drop, Adams picked up the watch, I did not see him pick it up.
I am an Irishman; it was about half past ten, near eleven, it was close to the opera-house door this happened, just as the gentleman came out; I was close to the Baron, and the two ladies by his side; there were about four people close together, I was plying for a fare, the coach ran up to me; I saw the prisoner take it, I took hold of him, I saw him take the watch from the gentleman's pocket, I was close to the Baron's shoulder, there was no croud on the lower side of the door between us, but there was on the other side; I saw him endeavouring to put the watch in his breeches, I delivered him to the constable.
Yon would swear this on the Cross as well as the Evangelist? - I would swear it on any cross, I would swear nothing but the truth; I cannot say that is the case of the watch he took away.
I am a link lighter; the Dutchess of Bedford's coach was coming up, and another, two coachmen flogging their horses
To the Baron. How long after the watch was found did you see it? - Very soon.
Is that your watch-case? - I believe it is, from the general shape and appearance; I suppose it is my watch.
Mr. HOUBLON sworn.
Look at the watch case, did you ever see that before? - Yes; I will take out the lining, and I can tell better; (he took it out) I made up that watch, but did not make the case, I sold it to the Baron Kutzleben, there is the mark of the case maker; that is the case I sold to the Baron.
To the Baron. Was that the case of the watch you purchased from that gentleman, and had in your pocket that evening? - I believe it is.
Cross-Examination of Houblon.
I have sold many cases of that sort and description; I judge of it by the maker's name; the watch was almost new, not made six months.
It is impossible you can tell the case without some private mark? - It is the case of my making up, I am positive it is what I sold the Baron; I know it from being a larger pattern than common, like a mock repeater, a large hole; it was like a mock repeater, a large hole to wind it up.
Will you take upon you to swear that is the case you sold to the Baron? - Yes; I am positive of it.
I was first chair at the opera door, the lanthorn in my hand, yesterday month, at half after ten o'clock at night; I observed they halloed out a watch was lost, I turned round, and saw it in the prisoner's hand, Lucius Hughes .
Court. What distance was you from the prisoner? - Very near, I did not see him take it, I thought it was gold by the glistening of the lanthern, I cannot tell gold from silver; George Murphy had him by the collar, I went and gave assistance, he was delivered to the constable how he came by the watch I cannot tell, it might be his own.
At the time that I was accused of laying hold of this watch, of stealing it from his excellency, I could not tell it was him that spoke, at the time he said he had lost his watch, at the time he mentioned that, I was behind his excellency, and some persons I cannot tell who, laid hold of me, I was taken into custody, his excellency asked me for his watch, I told him I knew nothing of it, I desired he would take notice I made away with no property at all; I kept my hands upon his, I was taking a pinch of snuff just before, and some person took or knocked it out of my hand; White the chairman looked at me, and said, that is the man, I will swear it, I asked him what he would swear, and what man he took me for, he then said, you are the man that I saw take the watch from the lady's side; I imagine from his hearing Adams had picked it up, and gave it to a lady, he concluded, that was not the gentleman's but the lady's, and that he thought he had a right to swear any thing, as he might get an emolument to himself I suppose, that is all I know of it; on the 23d of January I was at Bow-street, White altered what he said upon the preceding evening, and he said then, that he saw me take the watch from the gentleman's pocket, on the Thursday I was had up to Bow-street for another hearing, his excellency did not attend; on Saturday the 26th, White, the chairman attended, he then swore he knew nothing of the matter, more than he saw the watch in my hand, which I believe to be the same he has given in at present; I hope you will take it into consideration, this man revising his testimony at the time I first asked him of it; Mr. Wright the sitting magistrate of Bow-street, asked if that was true, he thenRichard Mills confirmed it to be true, that he did say, he saw me take a watch from a lady's side, now he has not attended, I could not find where Mills lived, or I would have subpoenaed him, he is not here now, I was informed last night I should not be tried to-day.
From the Prisoner to the Baron.
Please your exellency, did Murphy the chairman accuse me of having robbed you of your watch, previous to your saying you had lost your watch? - I lost my watch; the chairman cried out, here is the man that took your watch.
The court were of opinion, the stealing privately was sufficiently made out, as the prosecutor did not know when it was taken.
GUILTY . ( Death .)
Tried before Mr. Baron PERRYN, by the first Middlesex Jury.
158, 159. JANE SWEATMAN and MARY HUMPHRIES were indicted for the wilful murder of John Thatcher , on the 28th of January last, by choaking, suffocating, and strangling him with a silk handkerchief, of which the said John Thatcher did instantly die .
They were likewise charged with the same upon the Coroner's inquisition.
(The prisoners desired the witnesses might be examined apart.)
I am a painter, I knew the deceased; I lodged with John Thatcher about two months before his decease, he lived in Calender's-yard, Long-alley, Moorfields, he was a scale-beam maker . On the 28th of January, being Monday, he came to my house, No. 18, Peter-street, Halfmoon-alley; he said, I have bought a tune, will you be so good as to play the tune for me on your flute; he asked me to take a scale-beam home for him, it was a small one to weigh silver; I delivered it to a maker on Snowhill, we went together, he shewed me the door; I parted with him between six and seven, the clock had struck six, it must be half after six; I did not observe any handkerchief about his neck; he and I drank but one pint of beer; he was as sober as any man born; we parted at the One-tun door, at the corner, not very far from Eagle and child alley, the corner of the market and Snowhill.
I lived apprentice to John White , a bedstead maker, Fleet-market, the shop where I work is directly over the place where I found the man dead, the work-shop is in the alley; on Monday the 28th of January, between the hours of seven and eight in the evening, I went from the work-shop in Eagle and Child alley , I was obliged to go out, I returned in about a quarter of an hour, down the alley. I heard somebody in the passage No. 1, I did not concern myself then, passed the place, and went up to work, in two minutes I heard the whispering of two women, at that instant I did not hear what it was, I heard the door open, I instantly looked out of the window, I saw one of the women just come off the threshold of the door, and the other come out by the side of her; I have seen them both I am clear of it, up and down that alley before, it was as clear a moon-light night as ever was seen, it was a full moon, quite a bright night.
Look at those women, are they the same? - I am clear of it, I had heard Sweatman's name before, I had not heard the other, I heard one of the women say, it is, or it was dangerous, I cannot confine myself to which, nor which it was made use of the words; they stood as close as they could together in the passage, they might stay there a minute; they left that passage where the man lay, and went to the passage above in the said alley, to conceal themselves; I saw them go in, and while they were in it, there came down a woman of the name of MaryMary Stebbings came down the alley to us, there came then a sailor, Edward Gatliff , we all went into the passage together, a great many people gathered together, the young fellow the sailor went to him, and held up his head, I saw the handkerchief upon his neck, Edward Gatliff untied it; I suppose it might be six or seven minutes from the time I first found him, before he untied the handkerchief; when I found him, I went immediately down to my master, and returned immediately back; I was present at taking the prisoners, the sailor, and Stebbings, and I, came out of the passage together, I told Gatliff I knew the women, we went down the alley, and crossed, and went into the White-hart, the corner of Bear alley, I sent Mary Stebbings in first, she said they were both there, I went in and Gatliff followed, I took Sweatman and brought her out, and said, there is the other, he took her, I charged Jane Sweatman with what had passed, and how I had seen him; I asked them whether they did not go to the passage to hide themselves, and whether Mary Stebbings did not see them there, Sweatman said, they had been in that passage, and went to ease themselves, not the passage where the man lay, that they went to ease themselves, but they had not been near the man; I told them I saw them go into the passage, but they said they had not been where the man lay; the constable took charge of them, and searched the deceased, he took out of his breeches pocket two sixpences, and he took a pair of buckles out of the left hand waistcoat pocket, and a handkerchief, and his pocket, book out of it.
From the prisoner Sweatman. Ask him if he did not come out with Mary Stebbings , and ask which was the woman, and turn us round to see which was the women. Did not you say so to this woman? - Not at all; every body knows I said I was clear they were the women, there was no dispute arose concerning which they were, nor who they were, I am confident of.
Sweatman. Ask if he did not turn Humphries about, and said look at her, I am told they had two bed-gowns on? - No such words; I never turned her about and looked at her, I am confident and clear of it; I would not take a wrong woman, as there were more women in the place; as to any words I should make use of at that time, I know of none, concerning saying I did not know the woman; I was as clear of the women, and knew them both well, not only from seeing them then, but from hearing them use different expressions, I had known them for a long time past.
Prisoner Humphries. He and the other young man turned me round to examine me.
Witness. I believe I might look down at her cloaths to be clear of her dress and person.
I am a sailor; I remember being in Eagle and child alley on Monday the 28th of last month, I was at the Eagle and child drinking; a woman came in, and said there was a murder committed in the next alley, inNan Clayton 's entry; this was one Caton, Nan Caton lived in the same house; I went down, and went to open the door, Bothwell was in it; when I went to look at the man, I saw him foaming at the mouth, I said he was strangled with his handkerchief, it was so tight I could not put my fingers in between it without raising the skin; I went to undo the handkerchief, the first knot was so tight I was obliged to take my teeth to it, I was five minutes about it, it was a cross-bar'd silk handkerchief; I was three minutes about the second, that was quite tight, the shirt was in wrinkles in his neck; I saw no appearance of marks of hurt or bruise about him; I opened his breast, and he was quite warm, I did not take notice, I took off the handkerchief, and unbuttoned his waistcoat; I came out of doors, and heard one say, I know where the women was, I desired them to go after them; Stebbing was afraid to go by herself, I went with Bothwell, he knew the two women directly, he fixed first on Jane Sweatman , he looked at the other, (Humphries) and said that was the other they were both in the entry at the bar, I believe going to have some liquor; we took them before the constable came, I did not hear Bothwell charge them with any thing; Mary Humphries said I was drunk to meddle with them, that she knew nothing at all of any thing.
What part of the neck were the knots of the handkerchief? - Just before, right upon the gullet; the apron was tied in the same way round his waist pretty tight, I fancy he tied that himself, that was in two knots, the same as the handkerchief was.
Where were you when you had this conversation with Humphries? - Coming up the end of the alley after we got out of the public house; all that was said was coming up the alley, she spoke to me at the White Hart, she said nothing to Bothwell, he said she had done something; she spoke to me when we were oery hear to the alley, there was no conversation at the White Hart, and nothing said till we came to the alley; she said, where was I dragging her to, she knew nothing at all of the affair.
She knew nothing of any thing were her words? - Yes; I carried them opposite to the door where the man was murdered, he was brought into the alley out of the entry; I know no more, but Jenny Sweatman told the other not to tremble.
When was that? - In the alley, at the same time, I believe they were then bringing him out of the house when she said that, the alley was full of people; when opposite the door, after the man was brought out and laid under the window, close to the house, she bid the other not to tremble; I examined the man's breast, I saw no marks, he was a little warm when I opened it.
I get my bread by selling fish and oysters; on the 28th of January last, it was on a Monday evening, I was coming down for some wine and water; just as I came out, Jane Sweatman and Mary Humphries were in the yard; I live in the alley; they said, how shall we get his cloaths off; I know one by name, the other by sight, I had known Sweatman some time about Fleet market, and the other by sight some time; when they saw me, they said, Mrs. Stebbing you need not be frightened, there is no man here but our two selves, Jane Sweatman said so; I asked what they did there, they told me they only came to the necessary; I looked in there, I thought they had got a man there; Mary Humphries said satisfy her (meaning me) that there is no man there, she said so to Sweatman: I went down the alley and returned, they were in the same place, when I came in they came out; I heard the out-cry in ten minutes, that a man was killed in the next entry; I went down and said I knew the women; I saw the deceased lay in the next alley, and saw Gatliff examine the body; I pointed out the women in the house, Bothwell was there, and he laid hold of the women, he also singled them out from the rest.
Are you clear those are the women at the bar? - Yes; I heard nothing else, I did not hear any thing they said as they were coming along.
Jane Sweatman . If you look at her character it is infamous, she cannot pay her debts, and she will swear any thing; I never was before a justice in my life.
Sarah Higgins . I am a market woman, and sell fish, and walk the streets with fish, I lodge in one of the houses belonging to Mr. White; I saw Jane Sweatman stand with her back towards the church-yard wall, in Eagle and Child alley, a quarter after seven I heard the chimes go, there is a dead wall there, I saw Mary Humphreys stand facing her, Jane Sweatman said to Mary Humphreys this, damn it he is not yet cold, how shall we get his cloaths; Humpheys said, it is rather dangerous, and then they both went close together towards the market; I went about my business till I heard Mr. White's apprentice say to his master, O Lord, sir, he is dead, I said I knew who did it, it was Jane Sweatman and Mary Humphreys , in a white bed-gown.
From Prisoner Sweatman. Where was she at the time she heard those words? - Our door might be about three yards and a half from where they were as I was coming out at the door.
Was you in your door or in the alley? - I was coming out of the alley.
How could you see us coming out of a dark alley? - I was out of the alley at the end, it was moon-light, and as proper light as it is now in a manner; it was very moonlight, you might have seen to have picked up a pin, either in the court or the yard, you might have seen it, if a pin had laid down I could have picked it up.
To Bothwell. Was there any thing on his neck besides the handkerchief, any stock or neckcloth? - Nothing as I perceived at all.
To Gatliff. Was there any thing round his neck besides the handkerchief? - No.
I am a constable; I was called in upon this affair in Eagle and Child alley, one Mr. Upton came and called me, and told me there was a murder done there; I went as fast as I could, and went to the deceased and searched him, and found in his left-hand waistcoat pocket this pair of silver buckles, and in each of his breeches pockets there was a six-pence, and in the waistcoat pocket a halfpenny and a bit of sealing wax, and this pocket-book in his coat pocket, and this handkerchief I found just about the pole of his neck. (He then produced a silk handkerchief.)
To Gatliff. Is that the handkerchief you took from him? - Yes; there is the mark of my teeth in it.
Wilkins. There is the mark of the sailor's teeth on the outside of the handkerchief.
Are there any marks of blood about it? -
Gatliff. There are three spots of blood on it.
Mr. Wilkins. I found this paper (producing a song set to music).
What time was this? - About seven o'clock; I searched the women and took them to separate goals, I found two pair of scissars, and some duplicates.
I keep a public-house, the White-hart, in Fleet market, I saw the prisoners at my house the night John Thatcher was found dead, I remember Bothwell and Stebbing coming there, the women were there then, they came in I believe, between seven and eight o'clock in the evening, and asked for a quartern of gin; before they had an opportunity to drink it, White's apprentice came and took them; I cannot say there were other women, there might or not, they were taken away immediately.
I am a surgeon, I was called in to examine the body of the deceased John Thatcher , on Monday night, about eight o'clock; I went, and met the corpse in a shell, in the Eagle and Child alley, I desired them to put it down, they spoke very abruptly to me, and told me I might come into the house, it would be soon enough when he was carried in; I said no time was to be lost, I put my hand down, and felt him, and found he was quite dead; he was taken to the burying ground, I told them it was not a proper place to inspect the body; he was then carried into a room, I then examined him.
Did you examine the whole of the body? - I examined the whole, I examined the head to see if there was any contusion, there was not; there was another gentleman dropped in belonging to St. Thomas's Hospital; there were no marks of violence at all on the body, that person will confirm the same I believe, if called.
You cannot say what was the cause of his death? - I cannot form any idea of what was the cause of his death.
Did you open the head? - No.
Did you examine his neck? - I examined his neck, and round his chest and side; I examined about his neck very particularly.
Were there any marks there? - There were no marks at all, as I saw.
Did you open him? - No, Sir.
Did you open his head? - No, Sir.
Did not you hear at that time some ideas how this man came by his death? - No, Sir; I heard nothing of those particulars.
Did nothing pass, from which you might think it material to open his head? - No, Sir; I had nothing occur to me then to make it necessary to open his head: it was all confusion, one saying one thing, another another thing, and another another thing; some said it was murder, and some said not.
Were any of those people present? - The overseer was present.
Jury. Was it possible for a man to be strangled, without marks of violence, by a silk handkerchief? - Upon my word I cannot tell that; I cannot take upon me to say that.
Counsel. Would it be possible to strangle a man with a silk handkerchief, with or without a mark of violence appearing? - In all cases where I was called in, I always saw marks before.
Did you ever see a person strangled with a silk handkerchief in your life before? - No.
Court. If a man dies by being strangled, whether with a silk handkerchief or cord, or any thing else, would it not affect his countenance? - I should think so.
Was this man's face at all affected? - Not at all in the least; he had a very pleasing countenance.
Was it black? - Not in the least.
In your judgment could a man be strangled with any thing, without having some effect upon his face? - I should think not.
Court. Would that blackness of the countenance appear immediately after the death of the person, or does it require any space of time before it appears? - I should conceive it would appear instantaneously.
Where do you live? - In Holborn, sir.
Do you practice as a surgeon? - Yes.
I had been all the afternoon in Robinhood's court, I was going along by this place, and saw this woman, Humphries, I asked her where she was going, she said, to Mrs. Topham's, I am sensible she is acquainted with her, I said, I had not seen her a good while, and I would go and treat her, she went with me; as I was going by this place, I said, I wanted to go and ease myself, we went to the necessary together; I never saw any person in the alley but Mary Stebbings , and no person ever met us in the alley but that woman.
I was going up to Mr. Topham's, I have known her a great while, in going there. I met Jane Sweatman , I had been very ill, we went up this place to see sir where the necessary house was, she told me she would go and treat me, going there, the two men came up and took me up this alley, I never saw the man in my life, neither dead nor alive; I was carried up to the work-house, and kept there from a little after seven to half after nine; the two surgeons said, if they had been there an hour before, they might have saved the man's life; he was carried into the church-yard in a shell, it was a very cold night; the officer said let nothing be wanting, as here are lives depending;
Court to Sweatman. Have you any witnesses?
Sweatman. We were told so, that it would not come on till two o'clock.
Court to Mr. Pinches. Suppose a man had dropt in a fit, would it or not be a natural consequence, that his throat would be so far affected as to distend the neck, and make the handkerchief appear so tight as it was? - Probably it might at that time.
The Jury brought in their verdict
Tried by the London Jury, before Mr. Justice BULLER.
I remember the morning of the 5th of February; I know a pond in Mr. Davis's yard; a little after eight o'clock I found the body, there. It is a coach yard, Davis is a coach master; at the bottom of his yard is a pond not so large as this room, but the inside square of the court about four feet deep, I believe.
Was it four feet deep towards the edge? It was deepest at the farther end; as I was watering my horses I saw a bit of checque swimming upon the water, as I stood on the side of the pond, I put in a stick and pulled it to me; as I was pulling the checque towards me I saw the woman's hand rise out of the water; I saw a ring upon her finger; I went to the stable and called Thomas Page , he came with me, and he and I went back to the pond; we drew the body to the shore; the body was about four feet from the edge of the pond; I first saw the checque; she lay sideways towards the shore.
When did you discover it was the prisoner's wife ? - We went and called Joseph Davis when we saw it was Mrs. Brown; we both knew it to be the wife of Mr. Brown; I seen the wife of the prisoner at the bar; I knew him before, but Page knew her before, I did not, Page said it was the prisoner's wife; we returned in five minutes from the pond, there were more people present; I was there when the body was taken out.
The remainder of this Trial in our next Number, which will be published in a few days.
NUMBER III. PART II.
BROWN's Trial, continued from p. 198.
I Know the prisoner at the bar, and I knew his wife very well; on the 5th of February I was called upon to go to the pond side; our stable is near the pond where I was, the first thing I saw was a checque apron lye on the top of the water; I took my fork and twisted it round the apron, and drew the body to the edge of the pond; it lay about a yard and a half in the pond when I put the fork in to pull it to the edge; as soon as I saw the face, I said God Almighty forgive me, it is Mrs. Brown! I immediately sent for the prisoner; he came down the yard directly afterwards; I did not go for him; I was there when he came down into the yard amongst the rest of the people; I said Oh, Mr. Brown, it is a shocking affair; oh, says he, it is indeed; the next thing he said is, oh, Thomas Davis , you turned my wife out of doors last night (he Davis was present) and she ran down the yard at that time, and he (the prisoner) ran after; I said the next words, Mr. Brown she has no cap on her head, nor handkerchief, nor no shoes or buckles; upon this Mr. Brown made answer, and said, her shoes and buckles were in the pond. I was by the pond side when it was took out; the body lay sideways in the pond, we catched hold of her arms, and seeing her hand I put the fork under and lifted her up; brought the body out of the pond, and put it upon some straw; I did not examine the body; I took notice of no marks on it; Mr. Davis came down by his orders; she was taken to Mr. Brown's house; he said it was more proper than to let the body lye there.
The body was taken out before Brown came? - Just as he was coming down the yard.
You had a pitchfork in your hand? - Yes.
You put it under her body? - Yes; her legs were quite straight as though laid out. I put the handle of the fork under her cloaths, and there was a step at the pond; we put it in particular under her cloaths.
Do you know whether the shoes were found in the pond? - There was only one shoe and buckle found, the water was taken all out, and no other found; the shoe and buckle was found soon after, as the pond was emptied as soon as possible we could; we got our engine and pumped the water out as soon as we could get men to work; there was no cap on her head, it was found tucked hard under her roll, in her neck; she used to wear a roll; she had neither shoe nor buckle; I said it is a shocking affair, he said so it is.
Are there any necessary down your yard? - There are two necessaries down that yard.
I work for the master of the yard; I am a farrier and smith, I was in company when
Was you the person that Brown accused of having sent his wife out of doors? - I am; he did not speak to me concerning of it; I did not observe Brown to say, oh, Thomas Davis you turned my wife out of door last night. Mrs. Brown had spent the evening at my house; she went away about a quarter after ten, she came about nine, it was a cross a narrow street, about twenty yards to Mr. Brown's house; I believe it is two hundred and fifty yards down from my house to this pond; Mrs. Brown was as merry and as cheerful as ever I saw her when she went from my house; I lit her down to the door, with the key of her own house in her hand; I did not observe her two yards from the door, I turned back directly and went up to bed. I cannot recollect that I saw the prisoner at the bar at that time; I cannot tell how the prisoner and the deceased lived together.
Your two wives were intimate? - Yes.
She brought a duck? - There was a duck, I did not see it brought.
There are two necessaries down the yard made use of by your people, and other people in your neighbourhood? - Yes.
Those necessaries were used by him too? - They were frequent for every one; I have known Mrs. Brown for ten or eleven years; she was a tall thin woman.
Given to drinking? - Never in my company, nor as I knew of; it was a dark night; I saw no more of her till the next morning.
The prisoner was not fond of his wife keeping company with your wife? - I cannot say.
Court to Page. Was there a good deal of mud in the pond? - No, Sir, no great quantity in the horse pond.
The deceased was at our house on the Monday night, till some minutes before ten; she came about a quarter after nine; she had been married to the prisoner about nine months; I never saw him use her ill but the night she cried out murder, she came to my house and brought a bundle of things, I did not know her voice, but I heard the cry at Brown's house; I cannot say what time after the cry of murder, it was some time after, she came to me with a bundle of apparel, five pair of stays, and other things.
It was three weeks before she was found in the pond, it was on a Saturday, I had no opportunity of knowing how they lived together, farther than she told me; we lived opposite as could be to Mr. Brown's house, when I heard the cry, she brought some curtains.
The last night she supped with you, she brought a duck? - Yes.
He is a poulterer ? - Yes; I bought the duck of her, not of him.
Did you know he did not like she should come there? - No; I never heard him forbid her, I never heard him say he was angry with her for coming to my house; the duck. I purchased of her; the furniture she brought are at my house; she never brought any thing but those curtains, five pair of stays, and some linen; the stays were her's, I don't think he knew any thing of it; she brought them the night she cried murder.
I live at Hampstead, not far from Mr. Davis's yard, I cannot say how far; I heard three screams a little after twelve at night.
How long ago? - A fortnight last Monday; it was the night before the body was found, I was coming that way, when I heard two screams, one by Mrs. Forster's, and another at the top of the Church-yard.
What distance is it from Mrs. Davis's house to Forster's? - A good way; the second noise was from the Church-yard stile, when I got to the top of Cock-alley, I heard a most bitter scream, that was in the town, not a great way from Davis's yard.
You cannot tell the distance, but Forster's is a good way from Davis's? - No.
How far is the Church-yard stile, is it
Is Cock-alley, or the Church-yard stile, nearest to Davis's? - Cock-alley; and that was a louder screak than I had heard before; the third was the last I heard; I then went home and told my father, he said it was a screich owl, I said it could not be a screich owl.
From this house, which was your way home? - By the Church-yard stile, and by Bradley's, when we came by Forster's, we came nearer Davis's yard, I cannot say how near I was to the yard, my way home was higher up in the town; I live in the middle of Hampstead, I did not come nearer Davis's yard, I saw nobody but the watchman, I asked the hour, he told me it was past twelve.
There are watchmen in Church-row, there are many houses; I did not tell the watchman I heard the screams, he was crying the hour, I never was nearer Davis's, there are houses between, I did not mention it to the watchman, I went home directly.
Tried by the Middlesex Jury before Mr. Justice GOULD.
161, 162, 163. MARY BARRINGTON , ANN LLOYD, otherwise FIELD , and CATHERINE GUARD , were indicted, for feloniously stealing, on the 28th of January last, eleven yards of muslin, value 3 l. the goods of Thomas Jeremy , privately in his shop .
I am journeyman to Mr. Jeremy, a linen draper , the corner of Maiden-lane ; on the 29th of January last, about five o'clock in the afternoon, the three prisoners came, Catherine Guard came in first, and was asked what she wanted, she said she had got two ladies at the door, that wanted to come in to buy something, we were excessively busy; Mr. Jeremy directed them to me to be served, Mary Barrington came to me, Guard called the other two in, they came in together, all three came to me, after describing the muslin, I shewed it to Mary Barrington, in the course of that time, I perceived Catherine Guard endeavouring to conceal something under her cloak; I was not certain what she had got, though I was almost sure she had got something, she then moved her situation, came nearer the door, when from a hole in her cloak, I plainly perceived what she had got under her arm to be muslin; I did not immediately charge her with it, I cut off a piece for Barrington, and thought I would have been paid for that, before I charged the other girl with stealing it; I found they had got no money, but desired it to be sent to the Turk's-head, in Portsmouth-street; Barrington gave me the direction, and said she lived there, they were going away, I got over the counter to prevent them; Guard had got hold of the door, my intention was to have taken the muslin from her, she attempted to give the muslin to Mary Barrington, she did not succeed, in the scuffle the muslin dropped between them; I picked up the muslin and went after Guard, who endeavoured to make her escape, she got out of the shop, not above a yard and a half, I brought her back, we immediately sent for some constables; they were taken to Bow-street and searched, on Barrington was found another remnant of muslin, not our property, nothing more of ours found.
She gave you directions, Mrs. Barrington did, where to send it? - She gave me that direction to Portsmouth-street; I made no enquiries where she lived, but I took down the Turk's Head, Portsmouth-street; I know Lincoln's-inn-fields.
Court. Is it a declaration of any other fact? - Yes; you must not tell us what Oddy said then.
Gave you directions where to send it? - Yes.
You never enquired after her? - No.
What did Barrington do when the other offered her the muslin? - Barrington offered to receive the muslin from her, by holding up her arm; Mr. Jeremy saw her drop it, he is not here; I say Guard attempted to give it to Mary Berrington .
Have you the muslin dropt between them in court? - I have.
Produce it? - (The witness produced it.)
Is there any shop mark on it? - Yes; Mr. Jeremy's; as soon as I picked it up, I put my own mark on it; I know it to be Mr. Jeremy's property: I saw Guard attempting to conceal something she appeared to take off the compter, she was close to the compter; I did not know immediately what it was, but I plainly saw that attempt to conceal something.
How far was you from Guard? - About a yard and a quarter; Barrington never shewed me any money, I did not take the direction down till I saw the attempt to take something; I did not like Guard's appearance, I don't say I saw her take any thing from the compter, I saw the muslin under her arm; they were all together, Lloyd was nearest the door, I suppose there were six or seven people in the shop besides, but none at my compter; this is the same muslin that dropt between Barrington and Guard, I was nearest them at the time, and no other persons, I am sure it is the very same parcel Guard endeavoured to give Barrington, I kept my eyes upon them pretty clear; I have sold such kind of muslin before with such marks, I did not see her take it, I suppose Lloyd was a yard and a half off, she was near the door.
Court. You told me you perceived Guard concealing something under her cloak, I plainly saw that, are those your words? - Yes; I did.
(The prisoners left their defence to Counsel, who called the following witnesses:)
Mrs. Watson. I live in Coldbath Fields, have known Mrs. Barrington near three years, never heard but she was very honest; on the 29th of January she lived at our house, I don't remember the day of the month.
Mr. BOWERS sworn.
I am an attorney, I have been concerned in law business for Mrs. Barrington some years; three days before the accident, she called on me, told me she had left her lodgings in Coldbath fields, and was at the Turk's Head in Portsmouth-street; I heard her sister was dead, and she went to buy the muslin for mourning.
Mrs. Watson. Mrs. Barrington's sister was dead at the time, and Mrs. Barrington was getting her mourning ready, I know she wanted to buy muslin, she borrowed an apron of me till she bought it.
Mrs. Knight. I live in Spa-fields, have known Mrs. Barrington and Mrs. Guard between two and three years, I never knew any harm of Mrs. Barrington.
For Lloyd and Guard.
Mrs. Sheldrake. I keep a grocer's shop, have known Mrs. Guard twenty years, I have trusted her with a great deal of property, she was very honest; I had occasion to go into the country, and left her in care of my house, she had an opportunity of robbing me of a great deal of property, she was very honest.
Mr. Locke. I am a butcher, have known Lloyd five or six years, I never heard any thing amiss, she always paid me very honestly, I never heard any thing to the contrary.
Mr. Ruff. I am a butcher, I have known Lloyd two years, she never dealt with me, I always found her honest, I have trusted her with property.
Court. The manner in which this indictment is framed, makes it a capital offence against the prisoners; the circumstance of stealing privately in the shop, if above the value of 5 s. is a capital offence, and will affect their lives, if you are satisfied of the evidence; all three are charged with having committed this felony; it is not possible that every one of them should be the actual hand that took it, that is not necessary in point of law; if you are clearly satisfied of the circumstances of the case, they came all of them together for the purpose of stealing any thing from his shop, and that one was privy to the intention of the other, in that case, if they were privy to that intention, and present at the time, it is equally a felony in all, the same as if they were the very hand that took it; and said it was laid down by the judges as law, if any person saw them take it, it is then not privately stealing, and ceases to be a capital offence.
All three ACQUITTED .
Tried by the First Middlesex Jury before Mr. RECORDER.
164. SOLOMON LEVY was indicted for stealing, on the 9th of February insto a hair trunk, value 6 s. a caravan box, value 2 s. two pearl pins, value 10 l. six linen frocks, value 20 s. six dimity petticoats, and other things , the goods of John Ord , Clerk .
On Saturday the 9th of February I was coming to town, I lost a hair trunk and a caravan box, containing divers things, from James's-street, Bedford-row ; it was in the boot of a hackney coach, I cannot say I saw it put in; the coachman set me down, I missed it in about a quarter of an hour, my servant missed it, I never found it again; I don't know exactly what things were in it, as I did not pack them up, my servant did, I ordered my servant to put things in; the two trunks I can swear to coming with me.
What should have been in that trunk? - There should have been two pearl pins belonging to Mrs. Ord, several caps, and a good deal of lace; a dress gown of my own, a suit of scarlet cloaths of a servant about seven years old; several girls frocks and petticoats, several pair of children's stockings, and a child's dimity waistcoat; I never found them again.
Was it a hackney coach or the stage? - I took a hackney-coach from the stage: Richard Simpson was my brother's servant; he took the things out of the inside of the coach, but not the boot; I cannot say I saw the trunk or caravan put in the boot of the coach; I cannot swear to his being the coachman, only what I was told.
Where did the coach take you up? - At Whitechapel; there was Mrs. Ord and my little boy, it was about a quarter of an hour, the servant wanted the child's cloaths to put him to bed, and enquired for the trunks, I sent my brother's servant to the stage to enquire.
On the 9th instant, a quarter before six, a hackney coach came to Mr. Ord's door, in James-street, Bedford-row; after I went to the door, the passengers got out of it, I took three parcels out of the inside, after I took the three parcels out, I asked the coachman what his fare was, he told me 2 s. I went in and told Mr. Ord, he said very well, pay him; I went out to get change for half a crown, and then I paid the coachman, who was the prisoner at the bar, he then went away, I did not see the things in the boot.
You saw nothing in the boot? - No; I am very clear that is the man, I knowed him by the light, and his hair, only by general appearance, the No. of the coach was 259, the stage coachman told me the number.
I am Mr. Cupelo's coachman, it is a hackney coach, I drove 259 part of that night, I remember there were some passengers, and things in the boot, it was a hair trunk, and what you may call a caravan box, I am sure those were in when I drove it.
Did the hair trunk stand up to the top of the boot? - It was rather better than a foot above the top.
Who took the coach from you? - The prisoner at the bar, I am sure they were in the boot then, I wanted to go for three or four hours that evening, and I got him to drive for me; the prisoner is a coachman , he is a servant, he has lived fellow servant with me, I am positive the things were in the boot when he took the coach from me, I know nothing else.
He took the coach from me in Leaden-hall-street, we never stopped the coach.
How many minutes before you gave the coach to the prisoner at the bar, did you see the things in the boot? - When I stepped off the box I saw them in the boot, the coach never stopped at all, I never saw them after, I don't know who was in the coach, the horses never stopped as I got off, my eyes was upon the trunk when I got off.
Court. Was there time to get the caravan and trunk away while you got off? - No; the coach never stopped.
Mr. Ord. The coach never stopped at all, it went on very slow.
Did you enquire after the trunks? - Not till the next morning, I was in bed; I took him to that young man's house, the prisoner at the bar.
I saw the coach stand at the prisoner's door, as I was going down Petticoat-lane, and I saw him take a caravan box out of the coach, and carry it into his door, his lodgings, it is his house I believe; I passed on from thence; he took it out of the coach; I was going into Widegate-alley with a parcel, I live at the Three Nuns, near Aldgate church; one of our waggons was going out, this was about seven o'clock in the evening.
Is Cupelo master of the coach No. 259? - Yes; I belong to him, I knew the prisoner at the bar; he does not live with Cupelo.
What day was it? - The 9th, in the evening; he only drives for my master when the coachmen chuse to send him out.
Court to Mr. Ord. What was the value of the caravan box? - About six or seven shillings.
Grimes. I was close by the coach when he took the things out; knowing it was our coach, made me observe it.
Jury. The former witness says he took every thing out of the inside, and this says he took them out of the coach.
How far is the prisoner's door from Cupelo's? - It may be a quarter of a mile.
Where does the prisoner live? - About the middle of Petticoat-lane.
I keep a hackney coach, he has lived with me almost twelve months, and drove a coach for me, and was very diligent and honest; he did me as much justice and rather more than some others.
Mrs. Nathan has known him five or six years, an honest hard working man.
GUILTY of stealing to the value of 10 d.
Tried by the First Middlesex Jury, before Mr. Justice NARES.
WILLIAM SMITH, otherwise JOHN NEAGLE, otherwise JAMES FLOOD , was indicted for assaulting John Gladman upon the King's highway, on the 16th of January last, and putting him in corporal fear and danger of his life, and taking from his person two leather portmanteaus, value 5 s. and thirty leather bags, value 10 s. the goods of our sovereign Lord the King .
Look at that bank note, do you recollect it? - Yes, Sir; there is my hand-writing to it, there is my name on it; January the 15th I put it into the post-office in a letter, directed to Mr. Thomas Tranter , Preston, in Lancashire; that letter I put in on the 15th of January, with the very note in it.
I am employed in the Post-office; I remember the bag being made up the 15th.
From whom did you receive it? - From Mr. Potts, I tied the bag of the Chester mail.
To whom did you deliver it? - I delivered it to be sealed, and from thence I gave it to the post boy of that night.
Do you know what bags were contained in that large parcel that were so sealed? - Yes; there were the Coventry, the Wellingborough, the Ockham, Melton, Mowbray, Wooburn, Towcester, and Loughborough.
Were those bags there? - Yes; there was a separate bag for the Preston.
Court. Were the Wooburn and Towcester bags in it? - Yes.
And the Loughborough? - Yes.
To Mr. Smith. Was that the post-boy ? - Yes.
To Gladman. What time did you set out with the bags from the Post-office? - About a quarter past three, upon the 16th.
How far had you gone before you met any body? - About the five or six mile-stone beyond the Highway; there a tall man came up to me as I was travelling down the hill, he damned me and swore very much at me, I said hallo mate, it is the mail, says he, that is what we want, then two more men came up, and knocked me out of the cart, and took my whip from me; they drove the horses up the, they turned out of the way into a field, at the distance of half a mile, or three quarters of a mile, from the road, they opened the cart and took the bags out.
Were the three men all together then? - Yes, sir.
What became of you all the time? - The short man stood over me with a cutlass in his hand, he lead me by the collar after the carriage; when they had taken out the bags, they asked me if I knew the best, I said, I knew no more about them than they did; after they had thrown all the bags and mails out, but one, they throwed me up in the cart, I begged of them not to kill me, they said they would not; the short man took a handkerchief and tied my hands behind me, and shoved my legs in, and put the iron bar across them.
They shut you in? - Yes; they said they would take the smallest bags, I heard a chaise drive up upon the side of the cart.
Did you hear nothing said? - No; I believed it was a one-horse chaise, and when I came to Holloway turnpike, the man told me it was a one-horse chaise; I don't recollect hearing them say any thing about it; I came back, as soon as I was able, to the post office.
Are you able to form any recollection of the person of either of these three men? - Yes, Sir.
Look at the prisoner at the bar? - Yes; he is one, Sir.
Are you able to speak with any certainty, belief, or recollection? - I speak the real sentiments of my heart; it is my real belief.
Court. Was it in the field they put you into the carriage? - Yes.
Did you see the one-horse chaise at all? - No.
When you speak of a one-horse chaise, it is only from the noise of it you suppose it to be so? - Yes, Sir.
Was any thing said about a chaise by any of them? - No, there was not; one said they would take the bags one at a time, and the other said go fetch it here.
What was the expression? - They said they were going to carry the bags one at a time, one of the men said go fetch it here; they did not mention what it was.
How soon after that did you hear any thing? - I heard them loading the chaise, when I was in the inside of the carriage, laying upon my face.
How soon did they come after the expression, go fetch it there? - I believe they came about three or four minutes after they put me into the cart, I saw nothing.
Was it a dark night? - No; it was a bright star light night.
Is this the short man that had the cutlass? - No.
At what place and time had you an opportunity of observing this man? - While they were robbing the cart; I stood looking at them all the while.
Had they any disguise over them? - No; only the short man had a handkerchief over his face that stopped me first, the other men had nothing over their faces at all.
Had you any opportunity of observing either of the others till you got into the field? - No.
It was in the field you observed them all? - Yes.
Did the short man keep on his handkerchief? - Yes; he never pulled it off at all, till he pulled it off from his face to tie my hands behind me.
Did you observe the dress of the two men? - They had got a brown surtout coat on.
Each of them? - No; one was without one.
Which had the great coat? - This man.
How near did you stand? - I stood just by the horses heads.
How near was the prisoner? - I suppose it was the distance of three or four yards.
Were they at the cart? - Yes.
How long had you an opportunity of observing them then? - All the while they were cutting the mails open, which was pretty nigh ten minutes.
Which was it you spoke to when you desired they would not kill you? - It was the two biggest, this man and the other; that wanted to kill me, the little man said no, he would spill no blood.
Were there any thing particular in his dress or appearance that struck you, besides having a great coat? - Yes; I knowed him by his voice, he talked so much of the brogue.
What, the prisoner? - Yes.
Upon the whole, do you take upon yourself to swear the prisoner was one of the men? - Yes.
Prisoner. I will ask him, he says he knowed me by particular marks, what marks is in my face he can know me by; can he know me by my speech among four, five, or six men.
Court to Witness. Have you never met with other people that have the same brogue as he has? - No, Sir.
Are you sure you could distinguish his voice from any other person? - Yes, Sir.
Deposed, he was an oilman in Newgate-street; on Tuesday morning the 16th of January he saw a one-horse chaise at his door, and was there from eight to about half past eleven; his man moved the chaise a little forwarder; he said to his man we will take it and carry it to some stable; we saw some papers in it, and looking, found seven bags in the seat for Coventry, Towcester, Oakham, Loughborough, Wooburn, Melton Mowbray, and Wellingborough, and a bundle of newspapers directed for Ireland; he took them to the post office, and enquired for Mr. Todd, who sent two gentlemen with him to his house; Mr.John Chambers ; Mr. Chambers came and owned it, to whom he delivered it.
Mr. Newman's servant deposed, he saw the chaise on the 16th of January standing at Mr. Newman's door, it was a green chaise, and the horse a chesnut colour.
I went to Mr. Newman to receive seven bags from him, those bags had been sent from the Post-Office the night before.
JAMES CROFT sworn.
I live with Mr. John Chambers , stable-keeper, in Peter's-lane; I know the prisoner at the bar, I saw him the day before, he had a saddle horse on the Monday, a horse and chaise on the Tuesday, about three o'clock, they took it and went up St. John's-street, towards Highgate, were to return that night but did not, he never returned it, a man brought it home the next day.
Court. He had hired horses before? - Yes.
Mr. John Chambers . I am a stable-keeper, live in St. John's-street, I saw my horse and chaise in Newgate-street; on the Saturday night I let him a horse, and on the Monday my servant lent him another; I don't know that my horse and chaise was let to the prisoner, but the chaise at Mr. Newman's door was my chaise;
( Croft called again and proved the letting that chaise to the prisoner..)
Soloman Gabriel . I live in Chick-lane, the prisoner came to me on Monday after the mail was robbed, I saw him again the Wednesday after, the 16th, he asked me if I wanted to buy any Bank-notes, it is a commodity I deal in, he had two notes, and asked me for some money, said he would bring more notes, came again with more notes, and wanted to sell them, I went to Mr. Lion about it, Mr. Lion advised, the best way was to go and apprehend him.
Did you give information to Mr. Lion? Yes; I then sent for Mr. Clark who came and took him.
Did Clark come by appointment to your house? - Yes.
Was this upon the Thursday evening? - Yes.
Did the prisoner come with any notes upon the Thursday? - Yes; he said he had three ten pound notes.
Had you any note of him that evening? - He left a ten pound note, and a thirty pound.
Did you make any mark upon the thirty pound note, so as to know it again? - Yes.
Is that the note? - Yes.
Who did you give it to? - To Mr. Clark; when he came on Wednesday I asked how he got the notes, he said he robbed the mail.
Did he tell you so? - Yes.
Had you been intimate with him before? - Never before; he came in to buy a pair of gloves, and asked me to buy this watch, I did not buy it, it was the Sunday night, he asked eight guineas for the watch.
Prisoner. What he says is quite false, the man has been cast and convicted of perjury here, and flogged in the yard, and fined, and in Newgate at the time of the riot, and he got out then, he is the man I hired the horse and chaise for of Mr. Chambers on Sunday morning at two o'clock, he and one Mr. Lions had a horse and chaise at Old-street road.
Court. Did he never hire a horse and chaise for you? - No; I know nothing at all of that.
This chaise was not hired for you? - No, my lord.
Jury. I should be glad to know whether that note is the same, and how he knows it? - I put my mark upon it.
Point it out to the jury? - It is this mark in Hebrew characters.
What day did you go to Gabriel's house in Chick-lane? - The 17th of last month; I went there with an intent to say I came to buy bank notes; I went to secure the prisoner, Mr. Clarke had been waiting
Was any thing produced by the prisoner to Gabriel and his wife? - There were two notes produced, he said belonged to him.
Produced by the prisoner? - Yes; he left them when he went away for the rest.
What were the notes, do you know the value of them? - The one was 10 l. the other 30 l.
Did you put any mark upon them? - No; he went to fetch the remainder of the notes, he said he had 370 l. he had four tens, a thirty, and one of 300 l. and several country bills, and upon this he went to fetch them all.
There was one of 300 l.? - Yes; upon coming back he was apprehended.
Did he bring any other notes with him? I don't know whether Mr. Clark found any other upon him, I went to the place where they struggled, and took him; Mr. Clark lost a silver buckle, I picked it up and gave it him.
Prisoner. I had the notes of Gabriel and another man, one from Gabriel, another from Mr. Lion, and another from a Mr. Nicholls that was there.
To Lion. Had he any notes from you? - I never saw the man before.
Did you receive information from either of those witnesses respecting some Banknotes? - I did; in consequence of that I attended, and went to Mr. Chambers, and he was not at home, I left word for him to meet me at the Half-moon public-house in Smithfield, where I had appointed this man to be, and to give me notice when this man came with the notes; just as Mr. Perkins came in I was looking through the window towards Gabriel's, Mr. Prothero was with me, we saw them and went after them in Chick-lane, we took the prisoner into custody, we brought him to the public-house where Mr. Perkins was, we found upon him three ten pound Bank-notes.
Are those the notes? - Yes; they are the three notes I found upon him.
How near was he to Gabriel's house when you took him? - I suppose within about twenty yards going that way.
Court to Gabriel. Shew me the 30 l. note.
Was that note delivered to you, Mr. Clark? - The two notes, one of 10 l. the other of 30 l. were brought to me by Gabriel, soon after they were taken from the prisoner.
They are the two notes you received from Gabriel, the one of 10 l. the other of 30 l.? - Yes.
Upon the Saturday before I was taken for this affair I am accused of, I was coming along Chick-lane for Smithfield, I saw Gabriel and another man standing at the door, and seeing me come past they knowed me, having seen me several times in the house before, and I drank tea and dined with him several days; they called to me, and Gabriel said, he was going to visit a gentleman as far as Edmonton, he had been to a stable-keeper for a horse but could get none, I said, have you been down to Chamber's for one, he said, no, but he would be obliged to me to go and ask for a single horse; I went and asked Mr. Chambers for a horse; he said I should have one, he told me to go and tell him it was for a gentleman along with him, whose name was Nicholls, he said he lived in Giltspur-street; I asked for a horse in the gentleman's name, I had it, and went to Gabriel and gave it him, he went he said to Edmonton.
In whose name did he say he got the horse in?
Prisoner. One Mr. Nicholls; he told me the gentleman was in company with him whose name was Nicholls, and he begged of me to come down about seven o'clock to his house, if I was at home, and take the horse back and deliver it; I came about seven o'clock, he came about a quarter
Court. I understand you said you went to Chambers's, after you said you found out the horse and chaise was found? - No; to Gabriel's, and told him I should be liable to be taken.
Court. You did not go to Chambers, to tell him the horse and chaise was in Newgate-street? - No; but I went and told Gabriel of it in his house, he begged of me to stay in his house and not go out, and somebody would make me a present at night; I staid all day, dined there, at night Mr. Lion came, and another gentleman, in a brown surtout coat, black coat under, and a green velvet waistcoat; I was going home, they said no, I will tell you what to do, be led by us, we will take care nothing shall happen to you; there is a ship, I can't recollect the name of the place or the port where she came from; he said there was a Swedish ship going to Swedeland, I should go in it, Mr. Lion could have the choice of it, and would go down with me, he said he would engage in a thousand pounds value I should be able to set off to Swedeland; says he, we will give him some money, Gabriel called for his wife, and his wife gave me six guineas, and then I was going home, they said no, I need not go home if I was afraid of being taken; I said, I lay in great danger in hiring the chaise of Chambers, they said, no, we will give you a 10 l. Bank-note a piece; Gabriel, and Lions, and the other man was along with him that passed for Mr. Nicholls, they gave
Court. Did Gabriel and his wife each of them give you a ten pound note? - No; Gabriel, and Mr. Lion, and a gentleman that passed for the name of Nicholls, that lived in Giltspur-street, a japanner, in the meantime I was gone, they got justice Wright's men, and I met Solomon Gabriel and Mr. Lion walking in Smithfield, I said, where have you been, you will get me in trouble, for you have got some of these notes; as we were going on, Gabriel stopped behind, and Mr. Lion went on in Chick-lane, he stopped and made water against a wall, they got against the public-house, and sent the men out after me, some of the men catched hold of me, Mr. Lion ran away from the lane, Mr. Clark said, ah, you dog, what man is that who went away from you, we will have him bye and bye; that was the man Lion that walked down the lane with me. That is the whole, I was taken and searched, and these notes were found upon me.
Court to Mr. Clark. Was Lion there when you apprehended the prisoner? - He was walking along side of him.
Did he run away? - No, sir, a scuffle ensued, Mr. Prothero got hold of him, he struck him, and he got away from him, and I took hold of him, he struck at me, Lion stopped behind, I lost one of my buckles in the scuffle, and he brought it to me.
To Croft. Were you in the way when the prisoner came back with the horse on Saturday or the Monday before? - No, sir, I was not in the way either time when he came home with it.
Court to Chambers. Were you in the way when he brought back the horse two days before? - I was just coming to our gate as he delivered the mare in upon the Saturday night between eight and nine; he seemed to be very dirty, he had no boots to the best of my remembrance, there were two men talking just about three or four yards from the gate, he went and talked to them, this was Saturday night after he had the grey mare, he told me he lived with Nicholls, in Giltspur-street, the japanner, I knew Nicholls very well, he said it was for himself, he was going to Guildford upon Mr. Nicholls's business, he first said Guildford, I said to him, I suppose you are mistaken, it is Ilford you mean, he said, yes; he said he should want one on Monday, he came on Monday, I lent him a chesnut: horse on Monday, he came first and bespoke it, and came in half an hour after for it.
Court. How did he appear on Saturday night? - He was very dirty, and the mare had been rode fast, he was very dirty about the legs, I said when he came back, you have almost killed the horse, you have rode hard, no, says he, I did not, I only just rode her to the other side of Islington turnpike.
Court. Did you see him when he came back upon the Monday night? - No; I did not.
Prisoner. I have no witnesses to call, I am quite a stranger in London, I have none to my character.
GUILTY . ( Death .)
Tried before Mr. Justice BULLER, by the First Middlesex Jury.
166. MARY CLARK was indicted, for stealing on the 25th of December last, one black silk hat, value 1 s. one silk and cotton handkerchief, value 6 d. a green silk purse, value 1 d. and six guineas in gold, and 21 s. in silver, the goods of William Stoneley , in his dwelling house .
The prisoner came and tapped me on the shoulder, at a public-house just by where I live, I live in great Pell-street, Spittalfields ; she asked me to lend her 6 d. I had but 2 s. in the world, I let her have one, she was a servant in my house, I never saw her till she was taken for robbing me of six guineas;Mary Bimford , a servant in the house, the same, she works with me at the business, hair throwsting and spinning, and the children were there at the time, and this woman; they were all at home but this woman when I went home, there are two rooms, the bed was in the same room I live in, my waistcoat was there, it was by the fire side; my wife's hat and handkerchief was taken away, the hat hung upon a nail, I suppose she took the things when she turned up the bed; she told me last Friday was a fortnight she gave five guineas and a half to a man, one Dick Vallance , we found her in Lambeth work-house then; on Christmas-day she robbed me, it was all the money I saved up for the rent; I asked her about it, she said she gave it away, five guineas and a half to Dick Vallance , a barge builder, he said he would help her to it again, the man promised to return it to her, I found the hat at a house where she lodged, the recommendation came from there at Puddle-dock hill.
Did you promise the prisoner not to prosecute her, when you asked about your money, if she told you the truth? - No, I did not; nor the constable in my hearing.
I am wife of the last witness; she is a servant, she asked me to go out, I said no; she asked to borrow my hat, I would not let her have it, I said her master would give her a holyday to-morrow; her hand trembled very much as she drank tea, her eyes were ready to fly out of her head, and she looked like scarlet; this was between five and six at night; she took my hat, I see her whip somewhat off the nail, and run away with it, but did not know it was my hat; she turned the bed up just before, my three 'prentices and myself were in the room, I did not lend her my hat that night.
I worked in the house with her at Mr. Stoneley's; after dinner she appeared as if she was frightened, and asked me to lend her my hat; I told her I was not against it, but she ought not to go out no more than we; she asked me to go out with her, and said I should not want; she asked to borrow my mistress's hat, she would not lend it, she took it herself, I saw her take it, and she went away; I heard her own to the money before the justice, and say she had given five guineas and a half to Dick Vallance of her master's money; I heard no promise to induce her to confess; she said she would give back the money as soon as she was taken, I heard her own she took the money.
Denies the confession; says she never said any such thing.
Mrs. Taylor. I work for Lloyd in Thames street; I have known her above four months, she washed for me, and might have deprived me of 20 l. of property of my master's, but she did not; as to the hat, she said it was lent to her; the woman claimed it, and said it was her's.
Did she say any thing about the six guineas? - She said she had lost six guineas, and supposed the prisoner had stole it.
GUILTY of stealing the hat, value 10 d. but not the money .
Tried by the First Middlesex Jury, before Mr. RECORDER.
I know of the loss of the horse, on the 9th at night, and 10th in the morning, the horse was upon Mr. Gurnel's premises; I saw the horse in the field adjoining to the yard, in the afternoon of the 9th of December, the next morning he was not to be found, the gates were left open of a kick yard; the outside fence gate of the field was shut, the yard gate to the field open; the horse was gone the next morning, and never found; I know nothing about the prisoner, the horse never was found, nor bridle and saddle.
I know so far as this, I saw William Noakes , the prisoner, with the horse, I have known him two years, I saw him with it between eleven and twelve at night, at Mr. Gurnel's door, he had a sack well loaded upon it; this was in the road, I did not see him come out of the gate, it was just by the gate, Mr. Gurnel's gate; the horse belonged to Mr. Gurnel, it was lost on Sunday night, I know the horse by describing him, he had a white star in the forehead, he followed me and offered me half a guinea not to say he had been there.
Describe the horse, what colour? - A reddish-colour'd horse, with a white star in his forehead, it was moon light, when he offered the half guinea I went away from him, he told me he had been buying some lambs, but the sack was cramm'd with these fowls; the gentleman said he lost them, I only know by that.
I am sure I saw him near the gate, it might be a pole from the gate; he was turning the head to the cart way, it was between eleven and twelve on Sunday night; there were two of them, they went towards Little Ealing, he lives at Brentford.
From Prisoner. Ask whether I asked her half guinea or not; I was at home having my shirt washed.
Jury to last Witness. You said it was moon light the 9th of December? - Yes, Sir.
Jury. You will find the moon could not shine that night.
Witness. It was very light.
Court. If any moon, it must be very late.
Witness. I cannot say I saw the moon, but it was very light; I was going home, I had been to Brentford, there was nobody with me.
For the Prisoner.
I know him to be a civil, good kind of a man, I have lived by him two years, he buys pigs in the market, and brings them to town to sell them, I know him to go to bed about nine of a night, he sells the suckling pigs at Clare-market.
Do you venture to swear, this man was never out of his lodgings after nine, since Michaelmas? - I can take upon myself to say, he was a bed by nine or before, I never knowed him to be from home one night; I live in the house, and my mother too, and two sisters.
Tried by the First Middlesex Jury before Mr. RECORDER.
Thomas Barney Bramstone , Esq.
I live housemaid with Mr. Barney Bramstone , in Albemarle-street ; I cannot tell the day this robbery was committed, I was in the country; I speak to a pillow and bolster belonging to my Master, I believe M'Donald the constable has it
- M'DONALD sworn.
I am a constable; I produce a bolster and two pillows found at May's lodgings; Hart told me they were there; he is an accomplice; the coverlid was found where they were sold, in Butler's-alley and in Drury-lane, there were other things found; they have been in my custody ever since; I went and searched Knowles's lodgings, and I found this key, the key of Mr. Bramstone's street door under the stairs, just by the stair case going up to his room, which goes out of Prince's-street into Hedge-lane; this key opens Mr. Bramstone's door: Knowles said at the justice's it was his key, and wanted it sadly from us.
Margaret Barfoot deposed, the bolster and two pillows produced were her master's property, and M'Donald said he found the blankets at one Best's lodgings, who is not in custody. The pillow was in the house the beginning of June, when we went into the country; I know the bolster by a particular mark at the end, which I know was on one of our bolsters; it has been cut, and sewed up again; the pillow is like the bolster.
There is no difference between this bolster and any other, but that mark, I did not make the mark nor cut it open, and sow it up again, the bolster was on Mr. Bramstone's bed, it was my business to make that bed.
I am a watchman in Albemarle-street, the day after Christmas day, at night, about nine o'clock, I found it out this house was broke open; I knocked at Mr. Bramstone's door, as it was open, I asked if they had been any body that day about the house, they said no.
Mrs. Barfoot. There was nobody left in the house, but the key was left with Mrs. Povis's servant, Goodwin, we got assistance, three servants of a gentleman just by, we went into the kitchen, and found the area door burst open, and the lock wrenched and double, every place was open in the house, then we came down again and fastened the door with holes, we went out of the street door and pulled it to, I could tell nothing of what was gone; I found it open when I came on my walk, about a quarter before nine; I never saw the house open before, only that night I found it open, I put my arm in between the door and door cheek.
On the 26th of December, the watchman came to our house, Mr. Berkley's a quarter before eleven, and asked, if I had been to Mr. Bramstone's house, he (the watchman) told me it had been broke open; I had the key, I went in, not of the street door, there was no key-hole to the street door, but the area stairs door had been broke open.
To M'Donald. Did that key open the door near the area gates? - No; but the street over, it opened it on the inside, not the outside.
Cartwright. The middle part of the door was broke, so that a person might get through; I found up stairs, closets and presses, and drawers open, and some trifling things in it scattered about; I had been there ten days before Christmas, and nobody had been to inspect the house after that till the robbery; I missed a bed and several things; I know nothing to affect the prisoner, with breaking in, or taking any thing; this key that was produced opened the door.
Henry Hart was called; the Counsel for the prisoner objected to the competency of his evidence; he said that Hart was a common felon, convicted of single felony in 1778, indicted for burglary, and sentenced for four years to raise gravel on the river Thames.
The court said, they should reject his evidence, if the letter was not produced from the Secretary of States office ordering the remission of his sentence.
He produced the order from the Secretary of State for the discharge of Hart from his confinement.
Another objection was made to his evidence, as there was no proof it was the same Hart that was discharged, which the court over-ruled, as Mr. Campbell did not remember any other of the name of Henry Hart, that was so discharged.
Do you know whose house that was? - I don't recollect the name, I know it if I heard it; it is the upper end of Albemarle-street, the chain was round the iron area door, that was unlocked by Knowles, he had pick-lock keys, he unlocked it, there was a door he broke open, we were all employed in breaking open the door, there was another door belonging to the kitchen, they could not get in at that door, and they broke a middle part over the door, and lifted Best in, who opened the door within side, this was about seven in the evening, then we all went into the house; in the one pair of stairs, we took away window and bed curtains, and covers of chairs, I cannot tell the number; in the two pair of stairs back room, we took a bed, bolster, and pillows, nobody was in the house but us; Knowles took the bed, and he took this key which belonged to the street door, May took the bolster and pillows, we all came out of the street door; we went by one day in the day-time afterwards; I don't know the value, they were sold to one Mrs. Harris, that lives in Grub-street, for seven guineas, that money was divided amongst us all.
I was three years and seven months upon the hulks, it was the first time.
How soon did you take to this course? - I cannot tell.
How many days might it be? - It might be November or December.
Not begin directly? - No; I had two guineas and a half to spend, Mr. Campbell gave me; I worked at my business a little, at a glass maker's; I have not been tried here above once or twice.
You cannot tell really? - Am I obliged to tell it.
Tell the truth if you can? - I was never cast but once; I was tried upon another wrong affair; I was took up in Park-street for this robbery, in the middle of the street, I was seen coming out of a house, I thought it the best way to give evidence when I was taken up and my life in danger. May, Knowles, and Munday, and Best there, and myself.
This was just three weeks after you came out? - It was a week after Christmas; none of the property was found upon me; about three weeks or a month after the robbery was committed I was taken up; I never gave no information before this, I cannot guess how many robberies I have been concerned in during the three weeks, I believe but three or four, which I am to appear to.
You understand you cannot be tried for this? - If I make my evidence good I think I am safe.
You understand by swearing against those men, your life is safe? - Yes, surely.
You don't mean to begin again? - No; not to go any more.
Jury to Hart. Was that bolster and pillow sold to Mrs. Hart? - No; May had them; I don't know what became of the coverlid, Knowles said he would take the bed to himself, which he did; May took the bolster and pillows, there was no money
How came you not to have money for it? - We did not care for the trouble of carrying them, he said he would take them home, we said he might take them to himself if he would, I swear I did not carry them there.
On the 3d of January I went with M'Donald to Knowles's lodgings; we took him out of bed, and searched the places round about, upon the cupboard on the stairs we found this key, with several others; Knowles said it was his cupboard and his keys; he owned it at the justice's; on the 12th of January, we went to May's lodgings, and found a bolster and a couple of pillows; we took him to the rotation office in Litchfield-street; Mr. Bramstone's servant came and owned them.
I am a runner at the office; he was not at home, as his wife said; I don't know how often Hart has been tried.
My lord, in regard of this key, it was taken out of the cupboard upon the staircase, at the lodging-house where I live, it was taken out a fortnight before Christmas; the landlord where I live kept an old iron shop, and sold old keys, and things of that sort, when I went to live with him, but he dying, there came a gentleman to live in the house, who turned it into a coal shed, and part of this man's property was then thrown about the house, and those keys thrown into the cupboard; as to this Hart that has said this, I know no more of him than the child unborn.
My lord, and gentlemen of the jury, I am brought here to answer to a crime that man has alledged against me, which I know no more of than the child unborn; the bolster and pillows, taken from my house, were sent me after I was married, I have been married four years, and have two children; I have witnesses to satisfy you the bolster and pillows were sent out of Lincolnshire, with a bed from my father-in-law's, as a present, with several other things at the time; I have witnesses to prove the identity of them, and their coming out of the country, with regard to the property; I totally deny knowing any thing of the man who has swore this robbery to us to clear himself and his confederates, but I declare to you before the face of the Court and Almighty God in Heaven, I know no more of what I am accused of than the child unborn.
For the prisoner May.
I live in Stanhope-street, Clare-market, I know the prisoner May, I have known him four years, I have lived with him ever since he was married; his wife and I are sisters, (she looked at the bolster) I know the bolster, it came from my father's five years last June, the 9th, and these pillows, they came to my sister when she was married.
I live at Knightsbridge, I have known May between four and five years, I have been often at his house, I know his father in the country, there was a feather-bed bolster and pillows sent up from my father's in the country, I don't remember how long ago, it was when my sister was married to him, I think about five years in the whole since they were sent; I was at my father's when he sent them, I can swear to it, he sent a feather-bed, pillows, and bolsters, and a pair of blankets, from Lincoln; he kept an inn at Lincoln, they were sent by Bullen's waggon, these are the same, my sister lived with May and his wife in Stanhope-street at the time.
THOMAS FINNY sworn.
I have known May upwards of twenty years, he is a taylor , I have employed him, I never knew any thing ill of him, he always to my knowledge bore a good character; I have had correspondence with him and his friends, I live in Frith street, Soho, have been a master taylor twenty-five years.
I am a master taylor, and live in the Borough; he worked with me three or four years, I never heard any thing amiss of him till now.
To Knowles's Character.
John Hurley . I am a corn-merchant; have known him three or four years, he was then a gentleman's servant , he used to come into a public-house that I had for beer, his general character was very good, he lodged with me, was recommended by the person that had the house before me; he lived there before I came, I have trusted him with a great deal of furniture; it is two or three years ago.
Joseph Tunks . I am a locksmith, have known him near five years, his character that I always heard was good, for nine months have seen him almost every day, trusted him with many things; I never furnished Knowles with any pick-lock keys.
Both ACQUITTED .
Tried by the First Middlesex Jury, before Mr. Baron PERRYN.
(These prisoners were tried afterwards upon another Indictment, where Hart was admitted an evidence, and both convicted).
169, 170. JOHN KNOWLES and JOHN MAY , were indicted, for breaking and entering the dwelling house of Charlotte Lewis , spinster , about the hour of seven in the night of the eleventh of January , and stealing therein four dozen of linen shirts, value 25 l. 4 s. ten dimity waistcoats, value 5 s. a parcel of cambrick handkerchiefs and cambrick half handkerchiefs, four pair of Nankeen breeches, some linen drawers, six pair of thread stockings, value 12 s. three silk handkerchiefs, value 6 s. four cotton handkerchiefs, six pair of silk stockings, value 18 s. the goods of William Blacketter , and a parcel of linen, the property of Charlotte Lewis , spinster .
I was not at home when my house in Green-street, Grosvenor-square , was robbed, I was at Bath, I know nothing more than by information of this robbery, I only come to prove the things, I left Jane Northover in the house.
I went out of the house on Friday the 11th of January, about a quarter after six in the evening, there was nobody left in the house, I shut the door after me, it was a spring lock, I had the key in my hand, nobody could open it without picking it; I did not return till John Lee came to the next door, at the baker's, and informed me the house was broke open, and the thieves were gone off with the property, this was rather before seven, I received the information, I went to the house, I gave the key to John Lee , who was with me, he endeavoured to open the door which was bolted within side, he put the key in and turned the lock, and the door would not open, I tried it myself with the key, I could not open it, I heard people talking within, they endeavoured to open the door against us, they broke it half open, I saw it.
Was it opened by the people within side? - Yes; John Lee , when he perceived the door coming open, he pulled it to, and double lock'd it, in order to keep the thieves in; I heard something drop withinside the
Is there any area before the windows? - Yes; a sort of a wide area; he jumped clear over the iron pallisadoes; (describing the area about four feet wide) I saw nothing more; there was a cry of stop thief; one man struck at the last person with a candlestick, one John Lee did; they all got over in about five minutes, one was brought back again, which was Henry Hart , nine of the others were then taken, I saw their persons but could not swear to either but Hart, if he had not been brought back I could not have swore to him; I believe John Lee went in first to the house, I followed him, he picked up the salt spoon and silver salt, a silver table spoon, and a silk handkerchief; the house was then searched instantly, but no more persons found, I searched and found a great many things gone, which I saw there not an hour before the house was robbed, I am certain they were in the house that evening; I don't believe the men who jumped out carried any thing with them but their cutlasses; when I went out, the back of the house was locked and bolted safe, and when I went in, it was the same.
If Hart was prisoner at the bar, you would have it, no doubt, he committed the robbery? - Not the smallest doubt.
To Mrs. Lewis. How came Hart to be admitted an evidence?
Northover. He was carried to the office, and offered to give information, I heard he had been tried before; to secure the property they admitted him an evidence.
Mrs. Lewis said she did not know any thing about it, she was out of town at the time.
I live in Green-street, nearly opposite Mrs. Lewis's.
Relate what you saw on the evening of the robbery? - About seven in the evening I saw men go into Mrs. Lewis's house, one got into the window.
Mr. Fielding stated the case to the jury who had tried Knowles and May before when Hart's evidence was received he stated, that what Hart gave in evidence, might be supported by other witnesses, so make his evidence equal to any unimpeached testimoney whatever; that Hart was taken in consequence of the pursuit, he gave information of the others, the officers apprehended the two men, who had taken a cane of Mr. Blacketter, which was found at the house of Mrs. Harris, a receiver, and one of these men were apprehended there, and a girl discovered there with Mrs. Lewis's property about her, which will confirm Hart in his evidence.
I observed one man go in at the window, and he let the other three in at the door; they all went in, then I gave the alarm to the people that were in our house, to my fellow servants, to John Lee , the coachman; I then looked out of my window, and saw two persons come out with bundles; I had left the window to give the alarm, no longer than I could go up and down stairs; I saw nothing more.
The remainder of this Trial in our next Number, which will be published in a few days.
NUMBER III. PART III.
Continued from Page 218 of the last Number.
I live along with Mrs. Palmer of Green-street; in consequence of the alarm, I went over to alarm the maid in the house; I saw before that some people were lurking backwards and forwards; I had seen the maid go into the baker's next door, I went there and informed her, I and the maid and my fellow servant went to the door, she had given me the key, I went to unlock the door, and I found it bolted by force; they opened the door in part within side, I heard them draw the bolt; I pulled the door to again with all the force I had, and locked it and kept the key turned in my hand, to prevent their coming out; I heard something rattle behind the door, as if something dropt; they came to the window, threw it up, and three persons got up into it, and jumped out one after the other; the area they jumped over might be about five feet, they cleared the rails; I struck the last with a heavy brass candlestick, he had like to have fallen, he slipt, but rose again, and got off, I followed him, they had all three drawn cutlasses, when I saw them at the window; when the last man jumped, I hallo'd out, stop thief, till he was taken, which was Harry Hart , he was stopt about eight or ten yards off, the others went down Green-street, this man turned up Park-street; we took Hart back to the house, searched him, and found this crow upon him, (a small hand crow) and found the things laying on the mat we heard drop; the first man that jumped was a short man, the second a taller, and Hart shorter; I could not swear to either of them, but Hart was never out of my sight.
I had a room in Mrs. Lewis's house as a lodger; I live with captain Conway, I went out of town in December, about the latter end, to Rangley, and came back three days after the robbery; when I left Mrs. Lewis's, I left four dozen of shirts, four pair of white dimity breeches, ten dimity waistcoats, six stocks, eighteen cambrick handkerchiefs, eight half handkerchiefs, four pair of Nanking breeches, four pair of linen drawers, six cotton night-caps, six pair of thread stocking, three silk handkerchiefs, four Indian pullycat cotton handkerchiefs, a cane, six pair of silk stockings.
Was that cane such a one as you can identify? - Yes; I have it since, I can swear to it; other things are produced; I first saw it again at the office, I have seen the cane and some of the things, I saw them there the 15th, the next day after I came home, I saw some of the breeches and some of the shirts at the office, and the drawers and three silk handkerchiefs, a cotton one, and two waistcoats.
Were any of them so marked you knew them? - Yes; I lived with the late General Ahmerst, and got all his property, his
A metal headed cane? - Yes.
No letter on it? - No; the head joins on to the mark.
I am an officer at the public office, on the 11th of January we went to Mrs. Harris's, about a quarter past eight in the evening, to search for a portmanteau that had been taken away, cut, she lives in Butler's-alley, Grub-street, there were four or five of us, there were two doors, two went to one door, and M'Manus and I went to the other door, on listening at the key-hole, I heard some men's voices, I knocked at the door, it was opened, Mrs. Harris was at the foot of the stairs, when I got in, I found M'Manus, who had just got in at the other door just before me, there was the prisoner May sitting down upon a chair, he appeared to be doing something to his breeche's knees, Knowles was standing with his back towards the fire, there was not a yard between Knowles and May, there was a table between them with one cutlass upon it; M'Manus said, Knowles, don't throw any thing away, he put his hand to his pocket, I went up to him, and pulled out these pick-lock keys, (producing a bunch of pick-lock keys.) there was a cane stood reared against the chimney-piece; I asked Mrs. Harris, in the presence of the prisoner, who that cane belonged to, Mrs. Harris said, she did not know, she never saw it before in her life, I asked Knowles and May what they did there, they said they came there to see Mrs. Harris, about a person on board the lighters, May had eighteen guineas and two half guineas found upon him.
You did not go upon Hart's information? - No; we were upon other business; Knowles said he was going to carry something down on board the lighters, I believe Mrs. Harris's husband is there; I went over the house to search it, but found nothing more; there were a pair of new boots below, Mrs. Harris said were her's.
Court. Were any other persons at her house? - Only one Rocket, a brother of her's, who was ill in bed, and had been so some time, to my knowledge; Knowles said, damn my blood what is this, I just heard it, I did not take any particular notice of their appearance; finding the pick-lock keys upon them, we took them up as suspicious persons.
There was nothing struck you in particular but the keys? - No; this was a little after eight we went there, we were there three quarters of an hour, when we went out, we soon heard the clock strike nine, I should think it was about three quarters after eight; nothing particular struck us of their appearance, only the keys, I think Knowles had the same great coat off, they were sent to prison.
I was with Mr. Carpmeal on the 11th of January last, we went to Mrs. Harris's together.
Court. It is not less than three miles from Mr. Lewis's?
M'Manus. I believe it was near eight o'clock, Carpmeal and I stopped at the door, listened, could hear nothing, we sent two men to the other door; a girl opened the door, and seemed to try to prevent my coming in, I pushed into the house, I said Jack, don't throw any thing away, he said, I will not; Mr. Carpmeal came in, I found these two keys, and I found another key under the woman upon the chair, when I had made her get up; I found the keys by the sender, just behind where Knowles had been standing, I saw nothing taken out of his pocket, when I turned round, Carpmeal said, he had found some on Knowles; we found this cutlass upon a little table between
I believe the house was searched very carefully, we asked Mrs. Harris who these things belonged to, she said they were not her's.
If you had only found the keys, you would have taken them? - I should, as suspicious persons; nothing in particular struck me of their appearance; she being a notorious receiver, I should have taken up any body I found there.
I was at Litchfield on the evening of the 11th of January; Hart was brought there, in consequence of information I received from him, I went to Mrs. Harris's in Butler's alley; we got there between nine and ten o'clock, some of the people went into Mrs. Harris's house, I stood in the court, I saw one Elizabeth Wild coming out within a door or two, Grub and Dixon went there, I saw Elizabeth Wild and another come out with two bundles out of a house in the same court, I stopped the girl with a key of the door in her hand, she is in custody.
Q. Suggested by May the prisoner, asked by his Counsel of Mr. M'Manus, whether he did not ask leave to go into the yard, and whether he did not return? - He did; both had it in their power to go off if they would.
Court. Did they appear over-heated, or, very dirty about the legs? - No; I said to May have you been running, as I saw him gartering up his stockings, that was the only reason I had for asking him.
To M'Donald. I took the girl into the house again where she came from, and locked the door myself, there was nobody in the house, I know Mrs. Harris's house, it was not the house she lived in, I cannot tell whether it was her house; I sent for Grub to come to my assistance, and tied up a great many things that are in the indictment; these things were tied up in these two bundles which belong to this business, the girl had them in her hand, we searched the house through; we found at Best's lodgings these stockings of Mr. Blacketter; Elizabeth Wild , the girl, is in custody.
Court. I think it would be better to admit her as a witness? - She was asked, and said she found them.
Are you able to fix who owns the house? - Mrs. Harris's sister, I heard from Hart.
To Carpmeal. Did they know whose house this was? - No.
To Grub. Have you had an opportunity of knowing whose house this was, where the things were found? - No.
To Mr. Blacketter. Describe the cane as particular as you can? - It was a round head and a black mark at the bottom of the head, as if burnt near the string, I don't recollect how far from the head it is, not above an inch and a half down.
Did you recollect the mark of the cane before it was found? - Yes; I don't know I told any body of it before it was found; I had it in my hand almost twenty years.
Was the mark an inch, or inch and a half from the head, or close under it? - I think it was quite close, and the mark came down about an inch, I believe.
Did it run along the cane, or down it? - I think it runs down along side of the head.
Are there any other marks, from which you could discover it, was it chased or plain? - There is a little raised work on it, I don't know the term, I kept it for the sake of the person it belonged to; it was at my bed's head, I had a short cane string to it,
Did you observe whether it was strait or bent? - A little bent.
You left it at your bed's head? - Yes.
You described this before you saw it as a gold head? - No.
(The Counsel read the commitment from the calendar.) I told the justice it was General Amherst's, and I never said it was gold; M'Manus asked if it was gold, I said I did not know; all the time I had it, I did not know whether it was gold or not, he bought it at Bath; I will not swear to an inch in the length of the ferril; there is no other mark that I know of.
(The cane shewed him.) That is the cane, I can safely swear this was Gen. Amherst's before he died.
Court to M'Manus. That is the same cane in the situation you found it? - It is; it never has been out of my possession till now since it was taken.
(The bundles were directed to be opened.)
Mr. Blacketter said they were his things.
Mrs. Lewis said there was a sheet amongst them, her property.
Blacketter. Here is General Amherst's name upon one cambrick handkerchief; I have no doubt this is the very same. He took one out of his pocket, and said it was the same, he bought it for him at a Mr. Blunt's; there was General Amherst's name on them; there is H. S. C. upon these, marked with red ink.
On the 11th of January, on Friday night, I, May, Knowles, Best, and Munday, went to the best of my knowledge, about seven o'clock; we went to a house in Green-street, Knowles went up to the door and knocked at it twice or three times, and found there was nobody at home, he took one of the pick-lock keys, and tried to unlock the door, he could not undo it with the first key, he saw the window shutters open to the parlour, he said he would get in that way, he put Best over the rails, he shoved the window up and got in, went round to the door and unlocked it, we all went into the house together to a back parlour, a bed room, and took away the property; they all came out of that room, all the property was in that room, we all went out of the street door, all five, we got to the bottom of the street; I gave Knowles the keys, and to May I gave the cane, which I took out of the bed room that is backwards, even floor, we went into no other rooms but the back parlour that night; at the bottom of the street, Man and Knowles said, we will go to Mrs. Harris's while you three go back again, there must be some more property up stairs; we three went back, I, Best, and Munday, Best got over the area, the same as he did before, we had shut the door after us, before it went with a spring, Best got into the window and he let us two in, we went up one pair of stairs, there was nothing but a salt and a silver spoon, we heard some people at the door which alarmed us, and we came down, we came to the door and found it fast, we went into the parlour and shoved the window up, and jumped out of the window over the area into the street, I was taken in Park-street soon after, I was pursued and taken.
What property had you found in the back parlour? - Shirts and linen; they were all put into a brown bag, Knowles took them on his back; we all came out together, and we got as far as the bottom of the street before we three agreed to go back again; we were up stairs at first, came down upon the alarm, found it fast, they could not come in upon us, we had bolted it with inside, we unbolted it and tryed to pull it open, and somebody held it fast on the outside.
Had you any arms? - There was I believe two cutlasses, Best and Munday had a cutlass each, I had a stick, May had a cutlass; when I first went to the house, to the best of my knowledge it was about seven o'clock.
How long might you be there before you all came out the first time? - About ten minute
Grub and M'Daniel were ordered out of Court.
Court. The things were to be carried to Mrs. Harris's in Grub-street? - Yes; when I was at the office I gave that information, I told them it, Mrs. Harris's, an alley in Grub-street, they said they knew it, I said it faced the ruins, they said it was, they had been there before, I told them if the things were not at her house, there was a house within a door or two lower where the property was conveyed to that she buys, after she has bought it.
Who lived in that house a door or two lower? - I cannot say who lived in it; I knew Mrs. Harris's house well before, it is first carried to the house where she lives, and then conveyed to the other where she lives.
Cross-Examination by Counsel. I am going to twenty five.
At what age was it you began thieving? - I don't chuse to tell that.
Court. He is not clear as to all felonies.
Mr. Silvester said, he cannot be indicted for any previous felony.
Mr. Justice Buller and Mr. Recorder were both of opinion, that he was liable to indictment for other felonies, or a man might give evidence of a petty felony, and by that means get off from others; his being admitted to be an evidence, in one case, could not amount to a general pardon.
Hart deposed, upon a farther cross-examination, that he was discharged in November from the lighters, that he began robbing again in December; that he had the good fortune to escape with a watch in his pocket; he knew Mrs. Harris's very well, that he had been there about twice or thrice in a fortnight, and that she purchased things of him; the moment he was in custody he began to squeak; when taken he had a cutlass in his hand, that he held Best's cutlass while Best came out; only two of them out of the three had cutlasses; that it was not him but Best that was catch'd by the spikes; that he was not the person that was struck with the candlestick; that the cutlass was not drawn, that he hurt the man with the butt end of it that was going to take him; that he had a stick first, which he let drop; that when he got out of the window he stopped half a minute, and saw the other coming out, then he went away as fast as he could; Best did not clear the rails quite, he hung by his coat, and tore it away; that as soon as the people at the door saw him jump out of the window, they cried stop thief; that Best was near them, he supposed they did not like his cutlass, and so did not take him; but they came after him (Hart.)
Mrs. Ann Newell called again. Said, the first she saw of it was at seven in the evening; then she saw the man get into Mrs. Lewis's window, and let the others in at the door; she went down stairs and gave the alarm, came up again directly, and looked out of her window, and saw two men come out with bundles; it was a very little time after they went in; Lee came in after she had given the alarm to her fellow servants, and he went over to the baker's; that she saw the two men come out with bundles before Lee went over; that when she first gave the alarm, there were only women in the house, who were afraid to open the door.
Lee called again. Said he went over to the baker's immediately, upon his fellow-servant telling him what she had seen; it was about a minute before he and Mrs. Lewis's maid went to the door; the three men appeared upon the fill of the window with cutlasses; he struck at the last man that came out with a candlestick, and that baffled him so, that he did not clear the rails; the rest ran away directly; he never lost sight of Hart till he got round the chair, where the chairman took him.
Court. Was this Hart the man that you struck at, and the man that you took after? - Yes; I am sure of it, there are several people to prove it; at the time the chairman took Hart, the chairman's mouth bled, there was a kind of scuffle; when they
Upon the 11th day of January I had dined at home, at the corner of Stanhope-street, I have got an aged father and mother, that have lived in a very good way; through misfortunes in life they have failed, they are not capable of taking care of themselves so well as I could wish them, they brought me up in a very good way of life; I went over with intent, as I have done for these two years past, since they have failed, to pay their little rent for them, they lived at one Mr. Green's, who is gone, unluckily for me, into the country, or he could have proved it I stayed with my father and mother I suppose till it was near six o'clock, in Kent-street, in the Borough; I paid the rent, which was two pounds for the quarter, he is a man of very great age; I came through the Borough about six o'clock, and over London Bridge, I met one Clark, who is a Custom-house waiter, or something of that kind, he is not here, I have had every body here since Wednesday that I could; I went into a house, many people know the sign of it here, it is called the Tumble down Dick, a public-house just before you come to the foot of London Bridge, there I staid and drank part of six pennyworth of shrub and water with Clark, I came over London Bridge at very near seven, it was not quite seven; I went and called at Red-cross-street, a very little way from Moorfields, from thence I went and called at Cashmore's, that keeps a house in Long-lane, Smithfield; I thought the best way was to go across Bishopsgate Church-yard, and across Moor-fields; I met my fellow prisoner who stands by me, I met him as he was coming along the City-road, I said, Knowles, he turns round, and said to me, how do you do, says I, I am pretty well, I have not seen you some time says he, I told him I had not seen him; he asked me to go along with him to call at Mrs. Harris's, and said, he would then go home with me; I had not been in two minutes (he turns round to talk to her, I never saw her before) while we were there, there was a knock at the door, in come Carpmeal, M'Manus, and two more; they said, hallo, what do you do here, I said I had called in with Knowles, says M'Manus, I must search you; I said you may, I have nothing about me that I am afraid of, I have nothing but a little money, which is my own; they took it out of my pocket, and gave it to me again: all my witnesses have been here since Wednesday in waiting, but they are not here now, the Court have heard the four that were here the last time I was tried.
Mr. Burt came to speak in his behalf, and gave him a good character; said he had known him fifteen years, that he had worked for him as a taylor , and made him cloaths.
Upon the 11th of January I had been in the city road; coming across Moorfields, I passed by May; he called to me by name, as being near sighted I did not observe him, I asked him how he did, as we had not seen one another some time; he asked me where I was going, I told him to one Mrs. Harris's, that lived somewhere by Grub-street, I wanted to call upon her to know how her husband did, as I had known him many years, I asked him to go with me, he did, and coming down to Grub-street, we met two men coming out of Mrs. Harris's door, as we were coming up the court, I knowing it to be Mrs. Harris's door, stopt, we heard the bolt go; we knocked some time before we could get in; Mrs. Harris asked from the window who we were, I could not make her understand, the maid opened the door; when I came into the house this cutlass that is produced in court laid upon the round table; immediately the maid says my mistress is gone up stairs a minute, she will be down in a moment; you must understand, there are two doors in the house, as the gentleman said that took us, one door shuts into the front kitchen, and at the foot of the stairs there is a back door; that goes out; I heard some talk above; Mrs. Harris came down stairs to us; upon her coming down stairs, these gentlemen came
Court. For the sake of detection of offenders, and bringing them to punishment, for the preservation of the public, by disclosing dangerous confederacies of men in iniquity, it is held, that an accomplice should be, in point of law, an admissible witness; but the legislature, and those that have administred the law, feeling that such a person, who, in the very act of giving his evidence, acknowledging himself to be guilty of a great offence against the laws, stood in circumstances of considerable discredit, have also, that the lives of men might not be at the mercy of informers of that character and description, always held, that unless the evidence of the accomplice is confirmed by other material circumstances affecting the parties who are accused, upon that single evidence, no man's life or personal security should be taken away; and upon the single evidence of an accomplice, unsupported by circumstances, courts of justice will never permit a prisoner to be convicted. So much has that principle prevailed, and so thoroughly is it established, that the general practice is not to examine an accomplice at all, till some other circumstances have been given in evidence affecting the person concerned, which can lay a foundation for the evidence of the accomplice, and enable the court to say, before the accomplice is examined, there are circumstances that tend to throw a suspicion upon the party accused, which may confirm or destroy the story then to be told by the accomplice; therefore, the law for the sake of punishment of the guilty, admits the evidence of accomplices, but with great caution, and it is for the consideration of the jury, when that evidence is admitted, how far it is confirmed by other circumstances, and upon the evidence itself given by the accomplice, whether he is deserving of any, and what degree of credit; for the evidence of one accomplice may be so circumstanced as to be more deserving of weight than another; and the degree of credit the jury will give to an accomplice when examined, must be left to them in the circumstances he stands, and upon all the circumstances of the case; so far may he said, that if juries are, because a man stands in the light of an accomplice, totally to disbelieve all he says upon that account, and give him no credit at all, and not suffer his evidence to be considered as any addition to the other circumstances, it defeats the principle of law intirely, which admits the accomplice to be examined, for it would be perfectly nugatory to examine a man, to whom in no case you ought to give any credit; the credit of an accomplice is like the credit of another person, but certainly liable to circumstances of discredit, from his being an accomplice.
In this case there is another circumstance respecting this evidence of Hart, which is an additional circumstance of discredit; he has been convicted of another felony, for which he has suffered the punishment of the law, and is restored to his competency of being a witness, but still his character is affected by that circumstance also, and the degree of credit arising from that circumstance as well as the other, is a matter for the consideration of the jury. As to his evidence in this case, you will consider how it stands, not totally rejecting it, but receiving it with caution, and carefully examining
Tried by the First Middlesex Jury, before Mr. RECORDER.
The prosecutor deposed, he kept a cheesemonger's shop in Oxford market ; that one Michael Warn , a butcher's boy, told him the prisoner had got the butter, upon which he ran out, and caught the prisoner with the firkin of butter on his shoulder.
The prisoner said a man bid him carry it to a coach, he was going with it, and Mr. Inwood came and took him; that he was going on sixteen years of age.
To be publicly whipped in Oxford market , and imprisoned one month .
Tried by the Second Middlesex Jury before Mr. Justice GOULD.
171. WILLIAM CALLEY was indicted for stealing, on the 14th of February last, one iron bar, value 3 s. belonging to William Gillard , being then and there fixed to the dwelling house of the said William Gillard .
There was no evidence to convict the prisoner of the offence charged in the indictment, so far from stealing it, he did not appear he came to take away the bar, but to break, into the house, for as soon as he had loosened it, he let it drop down, and never took it away; the jury were directed to acquit him.
172. PHEBE WHEELER was indicted, for stealing, one cotton gown, value 10 s. a silk and stuff gown, value 10 s. a pair of green jumps, value 2 s. a sattin cloak, white, and a checque apron , the goods of Mary Finch .
There was no proof of the prisoner's person.
Thomas Hill , a pawnbroker, produced the things, which were sworn to by the Prosecutrix, but did not swear to the Prisoner's person, and was asked by the Court, Was it a different person from the Prisoner at the bar that came to pawn them? - I cannot say. The Court reprimanded Hill, and told him, he ought to be indicted for receiving the goods knowing them to be stolen).
The prosecutor deposed he was a pawnbroker , and the things were taken out of his shop.
Two women bid me pawn them for them, and shewed me the shop.
Find 1 s. and six months imprisonment .
Tried before Mr. Baron PARRYN, and the second Middlesex Jury.
174. MARGARET LARGE was indicted for stealing, on the 12th of January last, one dimity robe, value 6 s. two children's linen shirts, value 3 s. a laced cap, value 6 d. and a shirt and tock &c . the goods of Joseph Collins .
Several persons proved the prisoner's confessing the fact.
She said nothing in her defence.
To be confined six months in the house of correction .
175. A young lad stone blind, named RICHARD CARROL , was indicted for breaking and entering the dwelling house of John Jordan , about the hour of three in the night of the 26th of January , with intent the goods and chattels of the said John Jordan , to take, steal, and carry away .
On the 26th of January. I went to bed about twelve, I live in Jews-harp court, Angel alley ; I went down and examined the street door, and found all fast; (there is only one door to the house, I am only an inmate, I have a chamber up three pair of stairs, the house is Mr. Nash's Mrs. Nash does not live in the house, it is let out in separate tenements) and then I went up stairs, and examined the shop door, I have a lock on the inside, and this padlock was without side, it was fast, and the lock was locked with another key on the inside, when I went bed; about the hour of three I heard a noise, and my wife said, there is a noise up stairs, I heard a dog bark, this partition of the door was broke, (producing a broken partition) I struck a light and went up, and found this stick put across the place where this pannel came out; I put my head in at the door, and saw the prisoner in my shop, near my loom, he had dropped this knife, I found it near my loom, (producing a case knife) I saw the prisoner with his back towards me, he was near my loom, he was standing on the floor; I ran down seeing him, and I alarmed the neighbourhood, he followed me down, and was down very near as soon as I was, I knocked, at my neighbour's door, and called out, for God's sake, murder, fire, and thieves, and one came out with a naked cutlass, his name was Hendey, and the one Mr. Farro came to my assistance, he lives three doors off, and likewise Mr. Jolly, came, we sent for the watch, and took the prisoner to the watch-house; the prisoner when he came down begged us to let him go, he begged for the stick; and blasted my bloody eyes, if I did not let him go he would begin to pay away upon me.
There is a string upon the bolt of the street door; for the convenience of a man in the house, if any body drawed the string I can give no account of it, I found the door open when I found him in the house; there were two lodgers in the house, I did not sleep in the shop but on another floor, I rented those two rooms; Jolly came and saw the prisoner in the house, the knife had never been there before, he had turned up a shell in order to cut my work up; we went up stairs, Mr. Jolly found this knife near my loom side, I am a velvet weaver , it does not belong to me and was never there before; there is a thing we call a shell, to keep us from pressing the work, he had turned it up in order to cut the work off, which we do if we want to cut the work out; the hasp of the padlock was screwed, he unscrewed it, he then unpicked the padlock, the pannel of the door was broke in three different places, here is the mark of some, what he had entered into the pannel, (he produced the pannel and the padlock in Court) I have got the key of the padlock at home.
How did you rent these chambers of your landlord? - By the week, as a tenant at will.
And this was the house of Mr. Nash? - Yes.
The owner of the house don't live in it? - No.
The lodgers live in it separate? - Yes.
You live in it by the week, as a tenant at will? - Yes.
- FARRO sworn.
On Saturday night the 26th of January, I went to bed about eleven; about three I was waked with a hue and cry of thieves, fire and murder, I went up the court, and saw the prisoner in custody of some people, I went up stairs, and saw the knife which laid there, with intent to cut off the work.
- JOLLY sworn.
The 26th of January, at three o'clock in the morning, I waked with the cry of thieves, fire and murder; I went to Mr. Jordan's, and saw the prisoner at the bar there; I asked what was the matter, says he this fellow has broke in; we conducted him to the watch-house; we went up stairs to see what mischief was done, I found three pieces of boards, and underneath a padlock, I saw a knife there, and asked the said Mr. Jordan if it was his property; he said no.
I was out on Saturday night with my fiddler I happened to stay rather late, I found myself locked out; I ranged about; and found this entry door open, I went to go upon the landing place till day-light; a man stood upon the stairs, he asked me what I wanted there, he said I could not lay there; I must go to the garret stairs, and I went up stairs and found the door broke, and I crept into the hole; a dog began to bark, I thought there was somebody in the room, this man came up, and called out murder; I told him not to be afraid, I was a blind boy, and would not hurt him.
Court. The prisoner is indicted for a burglary in the dwelling-house of Richard Jordan , with intent to steal thus for the law is clear, that if a person breaks and on dwelling house of another, in the night, with intent to commit a felony, and is prevented from executing that intention, it is as much burglary as if the felony had been actually committed; for the reason why the law is so extremely penal in the case of burglary, is not so much for the protection of property of persons only, as for the security of their persons in the, hour of rest, and when they are not in a condition of protecting or taking care of themselves, and therefore the law holds in this particular offence, the attempt to commit a felony, if so far carried into execution as to break and enter a dwelling-house in the night, shall be as penal as if the rest of the felony had been compleatly committed; upon that part of the law there is no doubt. But there is another point in this indictment which is extremely doubtful; for it is laid in the indictment to be the dwelling house of Richard Jordan ; it appears now that Richard Jordan is an inmate in that house, he rents only two rooms, one anRichard Jordan , especially as it was only part of a house he (Jordan) and his family occupied as their dwelling-house; I know of no determination that has gone quite so far as that, at the same time there is a difficulty, for the owner of the house does not dwell in it, but it is all let out to weekly tenants at will, so that I entertain considerable doubt whether, in point of law, the place broken open, can be so considered as the dwelling house of Richard Jordan , as to make the prisoner guilty of this indictment; however, that is a point of which the prisoner will have the benefit hereafter; if you should be satisfied from the evidence he broke and entered this place so described, and that he did it with intent to stead, the point of law will be reserved for the opinion of the judges if you are of opinion he is guilty.
GUILTY . ( Death .)
Tried by the London Jury, before Mr. RECORDER.
176. ELIZABETH CROFTS was indicted, for stealing, on the 8th of January last, two linen sheets, value 15 s. two pillow cases, value 4 s. two checque curtains, value 5 s. a damask table cloth, value 2 s. a linen napkin, value 2 s. a muslin gown, value 40 s. three pair of stockings, and other articles of wearing apparel, and two silver tea-spoons, the goods of Jane Which , widow , in her dwelling house .
The prosecutrix deposed, she lived in Shire-lane, in St. Clement's parish , that she lost the things mentioned in the indictment on the 8th of January; that she went out about nine and locked her door, came home again about four in the afternoon, and found her things gone, that the prisoner worked as a chairwoman in the house, and she suspected her.
Mr. Read, a pawnbrokes, deposed, he took the things in from the prisoner, as the property of one Mrs. Hill.
The prisoner said in her defence, she did a day's work for Miss Hamilton, who lodged at Mrs. Which's, who gave the things to her, and bade her pawn them in the name of Hill, which she did.
The prisoner said, a man bade him carry them to the Bell, and that he would come to him.
To be publicly whipped a hundred yards near Cox's quay .
Tried by the London Jury, before Mr. RECORDER.
There was no proof of the prisoner's person.
THOMAS GRIBBLE was indicted for stealing, on the 31st of January , a silver watch, value 40 s. a chain, value 6 d. and a seal and key, value 2 d. the goods of Thomas Sherridan , privately from his person .
I lost a watch on the 31st of January last, it was a silver watch, in a double case, and a chain and seal, and key and hook, in Drury-lane , in the prisoner's apartment, No. 37; he was a lodger, I have known him two or three years, but never was in his company before that night; I was drinking with him at a public house in Castle-street, Long Acre, I was much in liquor; he asked me to come home with him, as I was in liquor I did go; I had my watch in my pocket in his apartment, I sat down and fell asleep above an hour; I missed my watch, and asked him for it, he said he had not got it, I insisted upon having it, he told me, if I would meet him the next morning in Russel court, he would give it me if he had it; at nine the next morning he sent for me and said he would take me to the place where it was in Whitehorse-yard, he pawned it for a guinea; the pawnbroker has it here, one John Lane .
John Lane deposed he was a pawnbroker in Drury-lane; he produced the watch, and said the prisoner at the bar brought it to him the first day of February, this month; we lent him one guinea upon it, we never saw him before; we asked him how he came by it, as the prosecutor's name is on it, in a cypher; we asked him where he lived, he said in Drury-lane, at No. 78, he said the prosecutor gave it him to pawn for him.
The prosecutor deposed to the watch, and said his name was inside and outside of it, and the maker's name.
Court. This is not a case that falls within a capital offence, as Sheridan swears he lost it upon the 31st of January last; the account he gives is, he was very much in liquor, they had been drinking together, they both appeared intoxicated, he fell fast asleep, when he came into the apartment he had his watch, when he waked it was gone. This is not what the legislature meant to make a capital offence, or a stealing privately. I believe there was a decision of a similar nature; a person got intoxicated at Vauxhall, and fell asleep in one of the watch-houses or nitches upon Westminster Bridge, during which time, a waiter that came from Vauxhall stole his buckles out of his shoes, in that case the judges considered it, and they were of opinion, it was not a stealing of his property which could make it a capital offence, as he was asleep; the statute was made to protect that property which persons awake can secure; the man must have been in a situation, that he must have been upon his guard to have discovered it, in this case he could not; if you are of opinion he stole the watch it cannot be a capital offence.
GUILTY of stealing the goods, but not privately from his person .
Tried before Mr. Baron PERRYN, by the Second Middlesex Jury.
On the 13th of February, the prisoner came and another to our house, the Bedford Coffee-house, Covent-garden , and called for two dishes of coffee, about three o'clock or about a quarter of an hour after that, he asked what he should have for dinner, we gave him the bill of fare, and he ordered beef stakes; I laid the cloth, and put one spoon on the table, I missed it soon, I put three more on the table and told my master I missed one of them, when they had done, the other waiter went and took the cloth away and missed one of those, I told my master I had missed them, and accused
He came in about a quarter past three, I told my master when I missed it, he told me to take no notice of it directly.
After you missed the spoon, you were content to put down three more? - I did, sir.
You don't know as to the other spoon, the other waiter might take it away? - The other waiter saw me put three on the table, he went to take the cloth and missed one of the last three; when the constable came the cloth was not removed nor the prisoner gone, and the other was sitting down at the table; my master asked them to go into a private room and be searched there, the constable could not find it, I said it might be in his boots, they were taken off and the spoons dropped out.
As soon as your suspicion took place, you endeavoured to get him took into custody? - My master sent for him, he came in eight or ten minutes, I had my eye upon them so as to see they did not make off.
I was sent for to the Bedford Coffee-house on Ash Wednesday, about the charge against the prisoner at the bar, I searched him, at first I found nothing, the waiter came up, and said, have you made a thorough search, I said, yes, he said, have you searched his boots, I pulled the boot off, it came out, I said he has another if not two, he said he had not got two but one more; he produced the spoons, Brooks-bank deposed them.
I had been drinking and was in a state of insensibility, I had been drinking all the night before.
William Neal . I have known the prisoner in Ireland, who lodged at my house since Christmas-day last, he behaved very well till this affair, he is the son of a very respectable man in Ireland, I never heard any thing amiss of him till this misfortune.
To go to the East Indies .
Tried by the Second Middlesex Jury before Mr. Baron PERRYN.
181. JOHN WATTS was indicted for making an assault upon John Fray , on the King's highway, upon the 9th of February , putting him in fear, and taking from his person, and against his will, a silver watch, value 5 l. a half guinea, and 4 s. 6 d. in money, the goods of John Fray .
I am Mr. Silvester's coachman , I was stopped by two men on Saturday evening, a few minutes before eight, on Constitution hill ; the prisoner came and asked me for my money, I struck at him immediately, another came to his assistance, he then put a pistol to my head, and put my hat before my eyes, and rifled my pockets, I lost my watch, half a guinea, 4 s. in silver, and some halfpence; I then took observation enough to warrant me to swear to his person, I have not the least doubt he was the person that first followed me, he demanded my money; he had on a drab rough great coat, a flapped hat, it was so light I could discover him, I make no doubt this was the man, this was on Saturday evening, the 9th of February; at the public office, there were six or seven, or eight or ten persons together, when I selected him out I pointed him out directly.
Was it a light night, did the moon shine? - No; it was cloudy.
What distance of time was there between the other man coming up? - As soon as he demanded my money I struck him a blow,
Were all the persons brought there on charges collected together, how came they to fix on those two persons as suspected of your robbery? - I believe they had some information and description.
Court. What business had you at Constitution-hill at so late an hour? - I had been at Hamilton-street, on business for my master, it was my nearest way to come to Westminster to my master; I should have called for the gown and wig, if my master was come away: this was done in the great coach-way, on Constitution-hill, about half-way from Buckingham-house, to Park-gate, there were no lamps there, it was about 9 o'clock, it was not quite dark; I never saw the prisoner before he stopped me; if a man's eyes are open, it is when they are in danger; I have no doubt of his person, I take upon me to say I am positive of the man, it was ten minutes before nine.
On the Sunday night, the prosecutor and I walked up Constitution-hill together, the Sunday evening he came to me, I and another officer walked there two hours, says he, it was a tall man, I should know, him. Information came of two suspicious persons at a house of ill repute, three persons were there taken, they were all put to the bar together; the house was a public-house, the Fox and Hounds, I believe; I did not see Fray till he came to the office, and then I saw him fix upon that man; there were three persons more at the bar, and there might be five or six persons there, he had seen the prisoner before they came there.
The very night after the robbery, we walked up Constitution-hill, there is no lamps beyond Buckingham-house; it was not so dark but I could fix upon a face very well.
Charles Grubb I know the house, where he was taken up; to be a very bad house.
The witnesses ordered to be out of court.
I live with Michael Burton , Esq; in Tottenham-street, I know the Fox and Hounds, it adjoins to Mr. Moore's livery stables in Tottenham-court road, where my horses stand, Mrs. Watmore keeps it, the 9th of the month was on Saturday; at half past seven, he saw the prisoner in company with Thomas Barret and James Messenger at the Fox and Hounds, that Watmore has absconded, and has not been home since the 3d of February, said I, and certain of Saturday being the 9th, and certain of the hour of seeing the prisoner in the tap-room, in company with Barret and Messenger; the reason I am certain, is, it was my hour of going out to see my horses fed about half an hour past seven.
The Prisoner left his defence to counsel, who called
Elizabeth Watmore , who deposed, that the prisoner came into her house, beween three and four o'clock in the afternoon, on the 9th of February, very much in liquor, she advised him to go up to bed, in a room inhabited by drovers, who were not then at home, he did, and was locked in, that he got up between ten and eleven, near eleven, and came and set by her in the parlour, that he afterwards went to bed at twelve, and lay there all night.
That when he came in he brought victuals in his hands, two drovers lay there the night before? - That he came in alone.
Ann Garnier deposes she was servant maid to Mrs. Watmore who keeps the fox and hounds; she recollects the prisoner coming there one Saturday drunk, between three and four, her mistress told him to go to bed, which he did, and that she the witness went up after him, looked the door upon him, and brought down the key, and put it upon the top of the mantle piece in the parlour, and that the door was not opened by any body till near eleven o'clock; then she went up and put the key under the door, and called him; that he unlocked it, and she believes he came down stairs; that she went to bed before her mistress; that she never saw him any more that night; that when she called to him he answered her he would get up.
Tried by the Second Middlesex Jury, before Mr. Baron PERRYN.
182. WILLIAM ROBERTS, alias CUTLER was indicted for stealing on the 18th of January last, four cotton handkerchiefs, value 40 s. one piece of striped cotton, value 34 s. twenty-five yards of dowlass, and other things to the value of about 7 l. in the dwelling house of Richard Harris , William Prescott , Mathew Howard and John Scott .
I am clerk to Mr. Scott and company.
What partners has he? - Three more, Richard Harris , William Prescott and Mathew Howard , Mr. Scott's name is John; on the 18th of January, about four o'clock in the afternoon, I was writing in the compting-house, I heard something in the forepart of the warehouse, I looked through the railing, and saw the prisoner going out with a truss upon his shoulder; I pursued him immediately and caught him with it about two yards from the door, in the street, up on his shoulder; I stopt him; I asked him where he was going with that, he says, is it a mistake? I said, I fancy you know that; I told him he had stole it; he walked back again, and threw it down at the warehouse door; I got him then into the warehouse, and sent for Mr. Scott, and got a constable; he made no resistance at all while I had the care of him; Mr. Scott came when I went for a constable.
How is this warehouse situated? - The street door was open, the warehouse in a part of the house, the dining room is over it; it is the dwelling house of John Scott ; the partnership business is carried on there; the truss contains two dozen of handkerchiefs, and two pieces of three quarters dowlas, and a piece of cotton and linen; I had sold the goods the day before myself; they were going to Horsham.
Court. That truss you saw him carry out, was it the truss that had been in your warehouse? - Yes.
Not one that he had brought in with him? - No.
I am a constable; I was sent for; I took him in Mr. Scott's warehouse; as I was going with him to the compter he drew a knife, and cut my fingers across; he got away; I cried stop thief, and he was taken again.
To Moxan. What was the value? - The value of them, my Lord, is about 7 l.
The 18th of January I was going down Aldermanbury, coming past this gentleman's house, a man was standing at the door, who asked me if I would carry this truss; I was out of place, and willing to carry is; I had not got it upon my shoulders two minutes before I was taken by this gentleman; he asked me where I was going with it, I told him to Blossom's Inn, that the man was gone there that desired me to carry it.
To Mr. Moxan. You saw him go out of
GUILTY . ( Death .)
Tried by the London Jury, before Mr. RECORDER.
183. RICHARD DARLING GUEST was indicted for feloniously assaulting upon the King's highway, Thomas Watson , Esq ; upon the 18th of January last, at Acton, and putting him in corporeal fear and danger of his life, and taking from his person, one watch, case of tortoiseshell, value 30 s. seal value 2 s. and key 6 d. and two guineas and five shillings in money, numbered, the goods, chattles, and monies of the said Thomas Watson .
Upon Friday the 18th of last month I was stopped about a quarter after six, by the highwaymen, within about twenty yards from Acton-lane , I was stopped in the great road going to Acton, a man whose person and voice resemble the prisoner's rode up to the boy, and ordered him to stop; they met me first, and turned again; I was in a post-chaise; upon his turning back my postilion stopped, then the other man came up and robbed me; the man I take to be the prisoner, came up after the other man had robbed me, and dashed his pistol through the glass, and swore he would blow my brains out if I did not give all I had. It was neither light nor dark, he had something over his face; I cannot speak certainly to him, I lost my watch and two guineas, and some silver.
I am servant to Mr. Watson, I was driving the chaise at the time of the robbery; about one hundred yards against Acton-lane Inn two highwaymen came up to the carriage, they parted, and one went on one side, the other the other; they turned back, and one came to me, and ordered me to stop, this came and dashed the pistol through the glass and demanded him rings and pocket-book; and said he would have all; it was the same voice and sized person; his face was covered; I can not say with absolute certainty he is the man.
You cannot positively swear he is the man? - No; only by his voice and size I believe it.
I know nothing but taking him; I found a brace of pistols upon him; here in a pistol that had, ten balls in it, and was a black handkerchief.
Mr. M'Manus proved he found another pistol upon when he was taken.
I leave it to your lordship; I can prove where I was making merry at that time until four o'clock in the morning, you judge if I had time to do it.
Tried by the Second Middlesex Jury before Mr. RECORDER.
ACQUITTED for want of prosecution .
Anne Clark deposed about five weeks ago she missed a cotton gown that was in her bed-chamber, I she don't know whether it was in or upon the drawers; they were not locked; she could not recollect how long it was after she saw it last; the prisoner was a servant , and was going to be discharged; she had lost my gown about a week before;
John Lane; produced the things, said he had them from the prisoner, three yards and a half, 8th of December, and to the 29th she brought them; I knew her some time using the shop; she told us where she lived truly, and that she was sent with them, and she told her name; she said, she was sent by different apprentices and servants to pawn things; the woman where she lives has thirteen apprentices and servants; I know the prisoner was the woman that pawned them.
Mr. Dimn another pawnbroker, produced two yards of linen she pawned the 12th of December.
Mrs. Clarkson deposed to the gown; said she knew by the make it was her property; as to the linen there was no mark on the shift bodies, said it was her cloth indeed.
Do you mean to swear with certainty that new linen is your's without any mark to it? - Yes.
Have you any mark to know it by? - I know it by the quality of the cloth I have at home; I would have brought the other cloth to have shown you; I would not swear to it if I was not certain; I know it by her own confession.
Do you know the gown any better than you do the cloth? - I very well know that I know them both; I have no particular mark on it.
Do you swear to the gown as you do to the cloth because she confessed it; should you know the gown if you saw it in a different place? - Yes; I should know it by the make; no promise was made to her in my hearing after I had been to the justice; I told her I would not hurt her before the constable came.
The prisoner made no defence, but said the prosecutrix had promised her forgiveness to confess.
Six months imprisonment .
Tried by the Second Middlesex Jury before Mr. RECORDER.
John Parker deposed he lost a parcel of currants which he produced in court; said they were sent by his waggon; the Iver and Uxbridge waggon received them from a grocer, Mr. Robins, in Oxford Road, and was to carry them to Iver; that they took the prisoner in the waggon; we took him in at the General Wolfe, almost by Tyburn turnpike ; he put the parcel up in the forepart of the waggon; a lad that is here took him with them in his hand; they were dropped down in the middle of the waggon; when he took him, he saw them in the middle; the boy and the prisoner were struggling, he called for help, he went and assisted him.
The prisoner got up into the waggon before he was taken; I came along with a cart; I assist feeding the horses in the waggon; there was a lame chap put him up into the waggon and another, near Orchard street, they followed us from James-street, I told the man of it; I was up in it before, I laid down by the parcels that were in it at the time he came in; I was awake as I
Prisoner. I was feeling after my hat that the man chucked up into the waggon.
Chester. He had his hat on when he came into the waggon.
Thomas Pearce , the porter to the waggon, deposed, he went and stopped the horses at the cry of stop thief, I took him to the General Wolf, he swore damn his bloody heart, if I did not let him go he would stick his knife into my bloody heart.
I was drinking at the King and Queen in Oxford-road, I had words with a man in liquor, he ran after me, catched me, and throwed my hat up into the waggon, and I got up after my hat.
Chester. You had your hat on when you came into the waggon.
For the prisoner.
Job Haywood. I live in New Belton-street, Long-acre, I am a sawyer, have known the prisoner ten years, he worked with me three years ago, he was honest, I lost nothing durin g the time.
Court. He must not only take it but carry it away to constitute the felony, it remained in the waggon, if a man breaks into a house and takes a parcel of goods, wearing apparel or other things, out of a repository or chest, and removes it any distance whatever, in order to carry it away, but before he has actually carried it away, he is detected, and the goods removed out of their original situation, that has been held sufficient in law to constitute a capital offence. The other day a case came before the judges reserved by Mr. Justice Nares, which was this; some where in the Acton road, a person got into a waggon with intent to steal a parcel of goods, which lay as a pocket of hops would, at its length, he had removed it and put it end ways, but not out of the original situation that it stood in the waggon; and he had with some knife or other instrument cut that package, and was proceeding to take out the goods it contained; previous to the time of taking out the goods he was detected, he was tried, and that case reserved for the opinion of the judges, and they were all of opinion it did not constitute a felony. If you find this prisoner guilty of the fact I shall respite the sentence, and state the case to the judges, and the opinion they give upon it will be given to the justices next in rotation.
Sentence respited for the opinion of the Judges .
Tried by the Second Middlesex Jury, before Mr. Baron PERRYN.
Mr. Justice Gould. You was convicted last sessions at the Old Bailey upon an indictment for forgery, and the indictment charged, that the prisoner did feloniously forge and conterfeit, upon the back of a Bill of Exchange, an indorsement upon the said Bill of Exchange, in the name of Bernard M'Carty; and purporting that he had uttered the said Bill of Exchange with that indorsement, as being the hand writing of the said Bernard M'Carty , with intent to defraud William Masters and Edward Beauchamp . The form of the Bill of Exchange was this.
BATH BANK, Nov. 19th, 1781.
No. 59. 30.
for SMITH, MOORE, and Co. JER. CONNELL.
To RICH. BEATY, and Co. London. No. 19, Great St. Helen.
Upon the trial, the substance of the case as far as it relates to the prisoner, was that he applied to the prosecutor, a pawnbroker, and bargained for a watch of the price of eighteen guineas, and then produced this Bill of Exchange, alledging it to be a Bath Bank Bill; there appeared upon it an indorsement in the name of B. M'Carty; upon the prosecutor's enquiring who he was, he said he was Barnard M'Carty , he said that he had indorsed that Bill, and that the letter B. and names M'Carty was his indorsement; and he likewise sent to Beaty and Co. to know whether this was a good Bill or not, they said it is a very good Bill, and will be paid when it comes due; when that was transacted, the prosecutor took this Bill for the watch, that was for the eighteen guineas he paid, besides the eleven pound two shillings which was the difference supposing this Bill of Exchange had been a good and genuine Bill, and the prosecutor gave him a receipt in the name of M'Carty.
Upon his defence, divers witnesses were called, who proved that there was really such a man M'Carty, and that this indorsement was the handwriting of that M'Carty. It was referred to the Jury to consider, whether they believed that the fact was so or not, and the Jury, were satisfied, whatever opinion they might have of the transaction itself, however dishonest that might be, they were of opinion, that in fact there was such a man as Barnard M'Carty , and that the name B. M'Carty upon this Bill, was of the handwriting of that M'Carty; therefore it came to a consideration if they found the prisoner guilty under these circumstances, but with reference to the opinion of the Judges, whether this amounted to the crime of forgery, or to the crime of uttering a forged Bill knowing it to be forged.
Upon the first day of the last term there were eleven Judges present, who took this matter into their consideration, and they were of opinion, that in point of law the prisoner was not guilty of the offence charged upon him, for they were of opinion that there must be a forgery. The Act of Parliament, of the 2d of George I. says, that if any person shall falsely make a forge or counterfeit, or cause to be made, forged or counterfeited any indorsement upon any Bill of Exchange, or shall utter any forged indorsment upon such Bill of Exchange, that it shall be felony without benefit of clergy. Then they were of opinion, the foundation of the whole must be a forgery, whereas in this case, there was really such a person in existence as B. M'Carty, and that B. M'Carty in his own hand, writing made the indorsement upon the Bill Therefore however corrupt and wicked this combination might have been (it perhaps may come before the Jury in a different mode sometime or other) they were of opinion they could not find it felony, they must take the matter as it stood; so this being the hand writing of a real M'Carty in whose favour the Bill was drawn they were of opinion there was no forgery and consequently that the prisoner could not be Guilty .
187, 188. WILLIAM SIMMONDS and ANN SIMMONDS , were indicted for stealing one pair of silk stockings value 2 s. a pair of child's stockings, value 6 d. and one pound weight of tallow candles, value 6 d. the goods of Thomas Davis .
Both ACQUITTED .
189. WILLIAM SIMMONDS was a second time indicted, for stealing a pair of silk stockings, value 2 s. a pair of silk gloves, 6 d. a child's muslin cap, value 6 d. the goods of Thomas Davis ; the goods were found in the prisoner's box at the place where he lived.
The prisoner bore an unexceptionable character for honesty and sobriety, the court therefore only fined him a guinea .
190. 191. JAMES DAVIS and CHARLES COLLINGWOOD were indicted, for stealing on the 12th of January , one leather trunk, value 6 s. the goods of the honourable Edward Willes , Esq . and two pair of silk stockings value 6 s. the goods of Edward Adams .
I live with Mr. Justice Willes, there was a trunk going from the town house to the country house, that was stole on the 12th of January, between three and four in the afternoon, by the prisoners; it was stole in the road, I had two pair of silk stockings of mine in the trunk when it was stole, I know nothing of the prisoners, John Jones carried the trunk.
The trunk belongs to Mr. Justice Willes I fetched the stockings that were in it from the hosier's, the Brown, two pair belonged to Mr. Adams, they were put into the trunk, I found them there when it came to the Justice's, I did not put them in myself, I left them at the house in Lincoln's inn fields, I saw the trunk on the 13th of January at the justice's, the stockings were in it then.
I am servant to Mr. Justice Willes, put the stockings into the trunk, it was put In the cart between two and three o'clock, to go into the country, a boy went with it, one John Jones , I was at the justice's, I only put the stockings in.
Mr. Winslow and Mr. Adams, proved they were the same stockings.
The prisoners said Mrs. Batchelor was not at the Justice's.
I am a married woman I live at William West 's, in Pancrass parish; I saw James Davis take the trunk from the cart, almost to St. Pancrass church, he went behind the cart five minutes, I saw him then draw it from the cart to his shoulder, he then threw it over the rail, and being pursued, he ran across the field; as a gentleman on horse back cried out stop thief, he ran across the field, and left the trunk, when they cried stop thief, I saw that man they call Collingwood take hold of the cape of his coat, and he slipped away from him, and ran across the field, and another man went after him, he put him into another man's hands; they ran a great way, sometimes Collingwood behind, sometimes on the side, he had hold of him and told another man to take him, and I heard Collingwood say to the other man, take him, I ran up the field after them.
I never saw the prisoners before, I am certain they are the same men; after Collingwood had laid hold of Davis, they went but a little farther before the other man came up, Collingwood ran on with him when he had got him by the cape.
I did not see Collingwood till the cry of stop thief, then he was in the public road; on the cry of stop thief, he leaped over the rail, and ran after Davis, and other people did the same.
The trunk lay by the rail all the time? - Yes.
I am a day labouring man, I was at Pancrass on the 12th of January, at work in a pit, I heard the cry stop thief, I saw Davis and Collingwood running in the second field, I ran after them, gathered ground of them, and said it was of no use to run away, Collingwood then catched Davis by the collar, and said here take him.
How far did you pursue them before he said here take him? - It might be a hundred yards; as soon as I got to the surface of the earth, I saw them running a-breast, within ten yards of each other, and they continued to run a-breast, I said it did not signify their running away I should catch them, Davis, said, here; I laid hold of Davis as Collingwood took hold of his breast, and turned him round to me, Collingwood came back voluntarily; the trunk lay in a ditch within two hundred yards of the church, it was taken to the Justice's; it is the same trunk that is here, I never saw the prisoners before, I was the first that got up along side of them.
I ran after this man as another person would, upon the cry of stop thief, which was made at a distance, I saw the prisoner cross the field and I ran after him.
Court to Saunders. You think it might be a hundred yards before you got ground upon them and took him? - Yes.
Did it appear Collingwood might have taken Davis before if he would? - Yes.
Collingwood. I did not know but the prisoner Davis might have some weapons about him; and it might not be safe for me, I kept him in sight all the while, the other prisoner knows nothing of me, I came back voluntarily.
I leave it to the mercy of the court.
The Jury enquired who took Collingwood.
The Jury enquired of Saunders whether he took him as a witness or a party concerned.
Saunders said, the clergyman of East Barnet told him to secure both.
CHA. COLLINGWOOD, GUILTY .
To go to the East Indies .
Tried before Mr. Justice BULLER, by the Second Middlesex Jury.
192. GEORGE MAWLEY was indicted, for stealing on the 18th of January last, one hair trunk, value 4 s. eight linen shirts, value 16 s. three pair of cotton stockings, value 4 s. two pair of worsted stockings, value 2 s. two waistcoats, two pair of shoes, and one pair of thickset breeches , the goods of Charles Knight .
I am a porter to that waggon, on the 18th of January I was employed to attend the waggon, I was in the square, it got there about seven in the evening, going to Mr. Ambler in Queen-square, it is a stage waggon; I saw something under the tilt of the waggon not very agreeable, I did not know whether it was a man or what, till he came from under the waggon, it was that man at the bar, he came to me with the trunk in his arms, it was near Mr. Booth's door, where there are two lamps, I
I am not positive of that trunk being in the waggon in Bloomsbury-square, I walked by the side of it, I came from Piccadilly with it, I saw no man, but this near it; it was not very dark, there were lamps, I never quitted sight of him till he was taken up by the coach-stand, near Bloomsbury-square.
The Prosecutor deposed, the trunk produced in court was his property; this is the direction for Charles Ambler, Esq; Queen-square, marked 3. this is my master's direction, I was servant to Mr. Ambler; we left all our things to be sent by the Maidenhead waggon, as we came to town, we were in town three days before; Mr. Ambler lives at Maidenhead-thicket, near Maidenhead.
Court. Open the trunk, and shew the things in it?
Prosecutor. There were three books I did not mention, I was ordered to open the box before the justice, all the things were then in, and more, they were opened at Mr. Triquet's, one of the waistcoats I put on, I had seen the waggon three days before it came to town.
James White . I was driving a hackney coach, I was on the stand at Bloomsbury, on the 18th of January, it was on a Friday, I went up to the watering house for something to drink, and heard the cry of stop thief, I went without side the stand, I saw the prisoner, he was running and coming towards me, till he saw me, then he shunned me, and got by the third coach hind wheels and the fourth coach-horses heads, I catched him near the fourth coach, in a minute after I saw Bower, who had the trunk, he said that was him, and bid me hold him fast, he had stole the trunk out of the waggon.
It was not very light, I saw nobody but the prisoner when I stopped him, I did not see the man pursuing him just then; the man was coming from Mr. Willmot's, part of the square towards me, my coach was behind the coach where I met him, I saw no other man running at that minute, but him, I did not see no trunk till Bower came up.
I loaded this trunk at Maidenhead, I drive the waggon, I was against the horses when it was in Bloomsbury-square; Bower is porter to the waggon, he always waits at the White-horse cellar; as soon as he cried out stop thief, I stopped my waggon immediately, and I cried out stop thief myself, a man run past me, I did not know he had taken any thing out of my waggon, he ran towards the coach-stand, Bowers and I ran after him, Bowers had the trunk in his hand, I saw nobody flying besides the prisoner, the coachman got hold of him by the shoulders, and took him prisoner.
You loaded a good many trunks for Mr. Ambler? - There were fourteen parcels, boxes and trunks, we lost no more than this.
I know no more of it than the child unborn.
I live in Noble-street, I have known the prisoner six or seven years, he is mostly amongst horses, he lived with me, he is very honest, I have trusted him with twenty, thirty or forty pounds at a time; he has been gone from me rather better than three months, if he was discharged I would now take him as a servant again, for he is very honest; I am a dealer in horses, he is a jockey , he shewed my horses, and looked after them.
JOSIAH RAYBOLD sworn.
I have known the prisoner two years, he lodged at my house at the time he was with Mr. Hatfield, I dare to say sixteen months, I never heard any thing a miss; I am a shoe-maker.
To raise sand and gravel three years .
Tried before Mr. Justice GOULD, by the second Middlesex Jury.
On Saturday last, Ann Brunin and another person came into our shop, and asked to look at some gold rings; I am apprentice to Mr. Fleming, a pawn-broker , opposite the Play-house, I shewed some rings, she took one and said it was too big, I shewed another, she asked for another, and while I was weighing the second, she found means to conceal the third, Mr. Halliburton was sent for, he searched her, she had the ring on her finger, and a brass one in her pocket; I am positive it was my master's, there is a mark, but no hall mark; it has a particular mark, I took particular notice of the ring.
It got on my finger by mistake, instead of the brass ring.
To be privately whipped, and discharged .
Tried by the second Middlesex Jury, before Mr. Baron PERRYN.
104. PETER MAYHEW was indicted for breaking and entering the dwelling-house of Daniel Jacobs , with intent to cut and destroy twenty-five yards of wrought silk, value 5 l. the goods of Michael Fosset , without his consent .
A second count for cutting and destroying the same.
A third count for cutting and destroying it in the loom.
I live in Granby-street, Bethnal Green ; on Sunday last while I was in my kitchen, I saw a light between seven and eight o'clock in Mr. Jacobs's shop; I heard Jacobs's name, I was alarmed; I went and met Jacobs at Mr. Daycock's, and desired him to let me have his key; I went up with a poker; I seized the prisoner, he catched hold of my poker, we struggled, and Mr. Jacobs and Mr. Daycock came and he was secured; I found the work cut in the loom ready to take away.
What was the work? - A blue manteau, shot with white, cut in the loom and left there; it was cut clear from the reed; on examining the window, we found it open, and saw the mark of a foot, as if somebody had gone out there; I found a candle burning in the house, on the ledge of a wall; I saw nobody in the house but the prisoner; he was in the kitchen, standing upright in it, between seven and eight at night; we searched the prisoner, found nothing but a clasp knife, and some half-pence; I saw the light on the stair-case, on a pier of the wall.
From the Prisoner. Whether he did not knock me down with a poker? - I did not knock him down, I had one which he endeavoured to take from me.
JOHN DAYCOCK sworn.
I am son-in-law of Mr. Jacobs; my father-in-law came the Sunday before last, after he came from church, to my house; I saw a light between seven and night in his shop; I said to my mother there is a light in my father's shop; my father went down, and I followed him to the bottom of the house; we went and opened the door; Mr. Curry goes in, and found the
Did the light change its situation? - When I first saw it, it was close to the window; a little time after, I saw a glimmering light, it seemed to me to be moving towards the stair-case, according to the appearance.
I live at No. 9, Granby-row; I have three rooms in my house, kitchen, workshop and garret; when I returned home from church I went to my son-in-law's near five; I went in to put down my stick and hat; lock'd my door and went to my son-in-law's. In my workshop I had twenty-five yards of manteau, a blue shot with white, full twenty-one inches, and twenty-five made; every thing was secured ready for me to go to work; it was Mr. Fosset's property; my son-in-law saw the light; Peter Curry went and saw the door open; he secured the prisoner; I went, and the other young man, and helped to secure him; we examined, and found nobody there, but the work cut off, about two inches from the reed; I had not consented to it, it was all secure on the Saturday night when I left it.
There was no other light, but the light upon the stairs?
About six o'clock I went to shut my windows; we have but one below; I locked the door; my husband always bids me double lock it; I did that night, I am sure.
I keep a shop in James-street, Bethnal-green; in the evening the prisoner came to my shop, and bought a candle; about seven o'clock that evening I hear a noise, went out and saw they had got the prisoner.
MICHAEL FOSSET sworn.
I am a weaver; Jacobs works for me; this manteau silk was my property; the piece was to be made longer; I did not consent to its being cut.
I had been walking up Bethnal-green, about a quarter after seven, I happened to stop to make water between this and another house, one of the gentlemen came up with a poker and knocked me down, and said I had robbed the house.
GUILTY (on the first count) ( Death .)
Tried by the First Middlesex Jury, before Mr. Justice BULLER.
To be privately whipped and discharged .
Tried by the London Jury, before Mr. Justice BULLER.
Alexander Stevens , coachman to Mr. Chamberlayne, deposed it was taken off the coach-box, on the 7th of November last, opposite to Drury-lane play-house , while he was throwing the carriage off the pavement; he was obliged to get off the box for that purpose, and the coat was taken in the instant; he never saw it again till the 11th of January, upon a hackney coach-box, in Oxford-street, No. 147.
Townsend, who drove No. 147, deposed he bought the coat of the prisoner.
I am a hackney coachman; about three weeks ago I bought it, and gave eighteen shillings for it.
Tried by the London Jury, before Mr. Justice BULLER.
197. PETER VERRIER and WILLIAM HARDING were indicted, with John Munday and Robert Sidaway not yet taken, for stealing, upon the 3d of December last, two silk gowns, value 10 l. one sattin gown, value 40 s. one white silk petticoat, value 20 s. six muslin aprons, value 4 l. two children's slips, value 40 s. two children's muslin frocks, value 10 s. one linen frock, value 5 s. six pair of cotton stockings, value 18 s. one pair of women's shoes, value 7 s. six linen shifts, value 30 s. six linen handkerchiefs, value 12 s. one linen shirt, value 5 s. one leather trunk, value 1 s. and 630 l. in monies, numbered, the goods of Thomas Harbin , Thomas Flight and Benjamin Flight , in the dwelling-house of James Smith .
Mrs. HARBIN sworn.
You, I believe, are the wife of Mr. Harbin of Lewes? - Yes, Sir; I came to London, on the 3d of December, by the stage to an inn, at Charing-cross, I had a trunk with me.
Tell what that trunk contained? - It contained two silk gowns, a sattin gown, a white silk petticoat, six muslin aprons, two child's silk slips, two muslin frocks, a lawn frock, a child's frock, six pair of cotton stockings, one pair of sattin shoes, three dimity petticoats, six shifts, six handkerchiefs, and 600 guineas.
Who did the property belong to? - To me.
Whose money was it? - It belonged to Mr. Harbin, Mr. Flight and Bannister Flight, the partners in the bank ; from Charing-cross, I took a hackney coach, and went to Bunhill-row.
Your trunk went in before you? - Yes; I put the things in myself partly.
There were no notes in it? - No; I saw the 600 guineas put in.
What time in the evening did you arrive at Mr. Smith's? - About half past seven.
Mr. SMITH sworn.
I am son of the gentleman where she came to in Bunhill-row; I went to the Golden Cross, at Charing-cross, to meet Mrs. Harbin; I accompanied Mrs. Harbin to my father's; I particularly observed a person at the gate when we got out of the coach in Bunhill-row , had he been meanly dressed I should have taken no notice, but he was genteely dressed, made me wonder at his uncommon curiosity, he was dressed in a green coat, with a light brown great coat over it, and a light waistcoat; the green coat plain, a white lapelled waistcoat, and the lapels thrown back over the coat; he stood at the gate all the while we were getting out of the coach; I saw him at the office in Litchfield-street since; I cannot say upon oath it was that man (Verrier at the bar) but I believe it; I had no doubt at the Rotation office it was the same man, he had the same coat on, and great coat, but not the same waistcoat; the trunk was taken out of the coach; I did not see it myself taken out.
I did not see the trunk taken out; I saw it in the coach as we were coming along; I did not see the trunk taken out; it was a little after seven; I cannot say whether the moon was up; nothing particular struct my observation respecting the prisoner at Charing-cross, the first observation of him was at Bunhill-row; I handed Mrs. Harbin out of the coach, and went into the parlour; she was but a little while in getting out; during that time I made particular observation; some time elapsed before the door was open.
He was pointed out to you as a supposed offender? - Yes; I saw by the place he stood in he was an offender; there was another there besides himself.
Cross-Examination by the court. I handed Mrs. Harbin out of the coach; she went
Did Mrs. Harbin come out as soon as as the coach door was open? - As soon as the coach door was opened.
You did not wait till the trunk was taken out? - No.
Court to Mrs. Harbin. I thought I understood you the trunk went into the house before you? - Yes, Sir.
Explain that if you please? - When the door was opened I bid the coachman take the trunk; there were two; he took one immediately, and came in, he took only one and then went to take the other; I did not see him take the large one; they were taken out before I got out of the coach, I saw them both in the passage while Mrs. Smith was in the passage.
I am a horse-waterman at Charing-cross; I don't remember the stage coach coming with Mrs. Harbin; I remember the hackney coach coming to take up the fare, and the gentleman go into it with two trunks, and a hat box; the gentleman ordered it to drive to bunhill-row, Moorfields; I did not see the lady get into the coach; the gentleman only.
At Charing-cross you have a hundred and fifty gentleman of a day getting into coaches? - Yes; I saw the gentlemen get into a coach.
Is there any thing in particular led you to observe him at that time? - No nothing in particular; I looked at him very hard, and asked him for some halfpence, he said he had none; he ordered me to tell the coachman to drive him to Bunhill-row; there was not any thing in particular made me take notice of him, more than what I have mentioned already.
What day was it? - I believe the 3d of December, I did not know the day of the month, but I heard the gentleman mention it at the office, three weeks last Tuesday from the time it happened; it is now near two months since it happened.
What made you recollect it? - Sometimes one cannot be off taking notice of people one lets in; I may let in a hundred or more gentlemen in a day.
Was there any thing in particular led you to take particular notice of it that day? - No; nothing in particular.
You were sent for to the office; did you know on what account you were sent for? - No; not till I came there; the gentlemen asked me about it, if I could recollect the coachman, I told them no; I could recollect nothing about it, at first.
Do you mean the runners? - Yes, Sir.
Did you observe any body on this day lurking about the house? Yes; at the time this coach was there I saw four men; it was the third of December when the coach went off; that was the day, as the gentleman told me at the office.
Are you clear of that circumstance of the gentleman's desiring you to drive to Bunhill-row? - At night; yes, Sir.
Was there never no instance of any person ordering you to drive from Charing-cross to Bunhill-row? Yes; often before that; I did not understand what you meant at first, Sir.
Did you ever see either of the prisoners at the bar? - Yes; I saw those two men, and two more with them, about six o'clock or soon after in the evening, soon after the stage came in, I heard the name of John Munday ; the coach went off directly for the city; I saw the four men go after it directly.
You are a waterman? - Yes.
How many coaches were taken last night? - I was not there but at St. Giles's round house; they told me I must go there till the trial came on; they gave me 18 d. a day, good living and good lodging.
Perhaps better than you are used to? - I don't know.
Eighteenpence a day is more than you get by watering? - No.
Can you tell me where any one coach drove on the 4th of December from the Golden-cross? - No, Sir; I don't recollect any thing of the day of the month, but as I told by the gentleman as lost the things.
When was you taken up? - Tuesday three weeks; the day before I was took up I just sent a coach off to St. Paul's.
What applications had you made to you by the gentlemen runners that attended the office? - I don't know what you mean by applications.
They asked you about it? - Yes.
The runners have often applied to you? - Once or twice I believe.
You was not desirous to go into the Round-house? - I was not desirous to stay there, I would rather be out and do nothing, than have eighteen pence a day and be there, they had spoke to me several times about it.
Did they ever talk to you about a reward of forty pounds for convicting this man? - No.
Did they never tell you, you was to have a share for convicting them? - No; I was at the coach door while the coachman put the boxes in, nobody was in as far as I saw, before the boxes, the gentleman went in, I saw nobody else, I shut the door.
Did the men whom you saw go after the coach walk or run? - They ran after it.
In this case the clerk of arraigns said there was no reward allowed.
I am a hackney coachman, I remember taking up a fare at the Golden-cross, Charing-cross, the 3d of December, I remember it was on a Monday, I was first coach, they called me to the yard at the Golden-cross to take two trunks, I took them and put them in, I took up a gentleman and a lady, and was ordered to drive to Bunhill-row, at St. Martin's-lane end I went to take hold of my check string, I saw a man up behind the coach like a footman, I did not know but he belonged to the gentleman, he still kept behind like a footman, at every turning I turned, he got down at the end of Chiswell-street, I drove up the row, took the things out, and they paid me; I missed him at the turning, I remember the house, I could go to it now; I took the trunks out, the lady went in before the trunks, the gentleman too; I put them in custody of the maid, a man then came and asked me, what shall I give you to go to Charing-cross, I believe it was the same man, it is the further man of those two, (the prisoner at the bar, Verrier) I believe it to be the man, he had a light brown great coat, the waistcoat I could not see, but he had a lapelled white waistcoat, I asked two shillings, he said I will not give two shillings; as I was going to the same stand again, I parted with Verrier at Mr. Smith's door, and went away with another person, I saw him at the office, I looked round twice, I was so ignorant of the matter I could not distinguish him, they bid me look again, I did, and then I looked at the bar.
I was asked all these questions there, and then I was asked to look for the man, I took the box out, it was pretty heavy, I am pretty strong, the trunk was not very small nor very large, it was middling heavy.
You were left to bring in the trunks after the lady and gentleman had got out? - The lady had got in, but the gentleman did not just then, he was at the door with me, the lady was in the passage till the trunks were both in; there was one man behind the coach all the while to Bunhill-row, I left him there at the door.
You had no difficulty of knowing him again? - No; I took him to Catherine-street, and by accident.
What opportunity had you of observing him? - I took notice of him, being in light cloaths behind the coach, when I said I would not take less than my fare, he said I thought you were going to the same stand again.
Did you ever observe his face before? - I did not.
I want to know how you know the man that spoke to you on the side of the coach, was the same as was up behind? - I am certain it was, I took notice of his light dress, I am certain, I took notice of his lapelled waistcoat too, it was open.
What is it? - To tell the truth, and nothing but the truth, if I do not, my soul and body can never be happy.
The Court ordered him to be sworn.
I did live with Mr. Smith, No. 118, Bunhill-row, I remember Mrs. Harbin, from Lewes, coming there on Monday evening, the beginning of December, I did not let her in, I saw a box in the passage when she came; a man rang at the door, and asked for the maid Molly, about a quarter after seven o'clock, after the lady and gentleman was in; as I went to let him in I saw the trunk.
Mr. SMITH sworn.
I remember the bell ringing, a quarter of an hour after we were in.
- MILLER sworn.
I opened the door to the man, a short man, dressed in a green or blue coat, I could not distinguish it by candle light, a white lapelled waistcoat, and a brown great coat, he said, I want one of your maids, Molly, Molly Delf , says I, yes, says he, I went to the head of the stairs to call her, and staid in the passage till she came, she went up to the door, I went down stairs directly, I saw him at the Rotation in Litchfield-street, it was that short man that has not got his coat buttoned, (looking at Verrier.)
I have heard Mr. Smith talk of the man and the cloaths very often, the man was pointed out to me at the office, there was only one; I was told to look after the man with a green coat and white waistcoat; I told my master first of the colour of the man's cloaths, when he asked me for the description of the man, I saw only one box in the passage when I went to the door.
To Mrs. Harbin. Did you take up any one of the trunks to your chamber? - The maid did.
I live with Mr. Davis, Mrs. Harbin came there December the 3d, and a large trunk and caravan, they were set down in the passage, they were not both left there, the largest was the other I carried up stairs; I remember the boy calling me, somebody wanted me, I came up stairs, I saw the trunk when I came to the passage, I had previously carried the other up stairs; the man asked if my name was Molly, I told him yes, he asked whether I knew one Mr. Jones at Charing-cross, I told him no, I asked if I did, what then, he said, if I did, he had a message to her, I said there is another Mr. Smith farther up; I recollected my fellow servant was of that name, I went down two stairs to call her, and turned my head towards the stairs, before I came back the door was shut and the person gone, and the trunk was gone, the key was likewise gone from behind the door, that before was hanging up behind it, the door was not locked, I could undo it; I took notice the man had a white lapelled waistcoat, he had a great coat, a light brown, the other coat I did not take notice of the colour; he was a lowish person, a middling sized man, I think I have seen him since at the Rotation Office, Litchfield-street, I think there he stands, the furthest of those two, I saw him in Litchfield-street by day light, I can see him very plain now, I have no doubt of his person.
At the office I had no doubt about it, I did not positively swear to him then, but I had no doubt, I have not seen him from that time to this, I have now no doubts; my fellow servant has an acquaintance of the name of Jones I have heard her speak of; we knew the night Mrs. Harbin was expected, that Mr. Smith went to meet her, she came in the coach with him, I am a single woman, and have no acquaintance in the neighbourhood, I saw nothing of his coat.
What sort of night was it, warm or cold? - I can't recollect.
Court. Did you ever hear where this acquaintance Jones lived? - No; I never saw him; I don't suppose it was a minute
I know nothing of the prisoner, I have some Bank-notes in my possession made payable to Munday.
Court. There is no connexion between Munday and these people, he is a stranger as to this cause.
Mr. Recorder said he would receive the evidence subject to the objection, and reserve it for the opinion of the judges.
Mr. Mingay then said he would not call him.
Verrier. I desire a witness to be called to speak to the person of Munday, he called,
I live in Popham's Court, Fleet-street, I am a gold and silver lace weaver, not a house-keeper; I carry on my business there, I know Verrier, I have had some dealings with him in the hosiery business, a young gentleman came to me of the name of Smallwood, and asked me if I knew one Verrier, I told him yes, after I told him I did, he asked me if I had any dealings with him; I afterwards knew the reason of the applications, I told him I had had some stockings of him, he asked me if I had any thing to shew, I said I had a receipt for a guinea, I told him I believed I had, I found a receipt for stockings, dated the 3d of December, it was given for stockings on that day, I saw Verrier at six o'clock that evening.
Produce that receipt? - Yes; he sold them to me, - Verrier was at my house.
At what time? After six in the evening; he drank tea there, and staid till between seven and eight in the evening.
You were led to this circumstance by the application of Mr. Smith to you? - Yes.
Verrier is a hosier, and sells stockings , I am quite sure this was transacted on the 3d of December, and that I paid for them, at the time I bought them; the bill was ready made.
How do you spell your name? - I spell it Gahagan; I know Verrier, he knew me, I don't know that he ever see my name before, I cannot say he knew how to spell it.
How is it spelt in the bill? - Gargan.
Verrier and you had been acquainted some time? - Not a great while; I live in Poppins-court, Fleet-street, I have a two pair of stairs in two-houses, one for work, another a dwelling-house; it was the 3d of December, I belong to a club, I went to that about half after eight, it might be about seven when I paid him, I did not part with him till I went to the club; I was at tea when he came int, I don't commonly wear a watch, I have a clock, I took notice it was after six when he came; I heard of this matter the beginning of this week, he knew, where I lived, he never made application to me, till that gentleman went to me.
That was the time Smallwood came to you? - Yes.
Prisoner Verrier. That was the day; I have a little order-book, I remembered some stockings being ordered by Gahagan, I ofund it in it.
Gahagan. Verrier lives in Barbican, I never was at his house.
Is he that sort of hosier, that carries his shop upon his back? - Yes; I have seen him with two or three dozen pair;
Prisoner Verrier. When I have orders, I execute them.
Court to Gahagan. When did you order these stockings from Verrier? - About a week before he brought them, he brought them that Monday; the bill was ready written, the receipt he wrote at my house.
(Witnesses to Verrier's character)
Court. As to the prisoner Harding, there is not a tittle of evidence fix the smallest suspicion upon him, therefore the jury must acquit him; the evidence respecting Varrier was summoried up to the jury
HARDING ACQUITTED .
Tried by the First Middlesex jury, before Mr. RECORDER.
Mr. Duncombe. A custom-house officer detected the prisoner with the nails, and asked him how he came by them, he told him a sailor had sold them to him for two gallons of rum, (the bill of parcels found in the bag was deposed to by Johnstone.)
A man desired me to carry the bag of nails for him, and was to give him six-pence and a pint of beer.
To be publicly whipped one hundred yards, near Smart's Quay , and confined for six months in the house of correction .
Tried by the First Middlesex jury, before Mr. Justice BULLER.
199. JANE GARDENER , was indicted for stealing, upon the 12th of February , two cotton gowns, value 10 s, a stuff, petticoat, value 5 s. a linen shirt 5 s. a linen shift, value 4 s. half a guinea and three shillings in money ; the goods and monies of Henry Jones .
John Wilkinson deposed, on the 12th of February, the prisoner came into the Fox alehouse, in Nightingale-lane, Wapping, with a bundle; he had suspicion the things were stole, and had, here the bundle to Justice Sherwood's, who directed the things in the bundle to be cried, by which they found out the owner Jones, (he then produced the bundle.)
I was coming up Nightingale-lane, a woman met me, and asked me to carry the bundle, and said she would give me sixpence; I did not know who they belonged to.
Tried by the First Middlesex Jury, before Mr. BULLER.
William Strong .
They were all given me together by this woman, I did not know what was in the bundle, till it was opened at Mr. Sherwood's.
To be confined to hard labour twelve months in the house of correction .
Tried before Mr. Justice BULLER, by the First Middlesex Jury.
James Day , the prosecutor, deposed, he lost his buckles on the 14th of February, he went the over night to the prisoner's house, in New court, Saffron-hill ; I went there with a young woman, I slept there, but not with the prisoner; she never quitted the room till day-light, when she went but with an intent, as she said, to fetch purl in half an hour I missed my buckles; the prisoner was found at ten at night in liquor; my buckles were left in my shoes and knees of my breeches, on the bed side, the other girl did not go out of the room, after I went to bed, I found her at ten o'clock, on Thursday night, the 14th, at the Magpye, on Saffron-hill, much in liquor; I found the buckles the next morning at Mr. Pearson's, the corner of Stonecutter's-street, a pawnbroker.
The prosecutor deposed to the shoe-buckles; and knee-buckles.
That the girl's mother gave her the buckles to pledge, but they took me, and sent her about her business.
To be imprisoned six months in the house of correction .
Tried by the London Jury, before Mr. RECORDER.
202. RICHARD MILLS was indicted, for stealing, on the 24th of January , one, cloth jacket, value 2 s. one canvass frock, value 2 s. the goods of William Cowden , and four barrels, value 4 s. and four hundred pounds weight of gunpowder, value 20 s. the goods of Isaac Dent .
There was no proof of Mills having stole them, nor of his having been near the place, but somebody had broke a bont open and stole them.
Tried by the First Middlesex Jury, before Mr. Justice BULLER.
To be transported to the East-Indies for seven years .
Tried by the London Jury, before Mr. Justice BULLER.
204. ELIZABETH WILD, otherwise BROWN , was indicted for stealing, on the 11th of January , one wooden box, value 12 d. and three pair of shoes, value 6 s. and pair of boots, value 24 s. the goods of Thomas Gee .
The only evidence to affect her at all, was Mr. Dennis M'Daniel , who deposed, upon going to search in Butler's-alley for things stolen, supposed to be at one Mrs. Harris's there, a noted receiver; he saw the prisoner come out of one of the houses in the alley with two bundles, that he afterwards found the things, mentioned in the indictment, in that house, and no soul in the house.
Tried by the London Jury before Mr. RECORDER.
205, 206. THOMAS HARWELL and WILLIAM NORTH were indicted for breaking and entering the dwelling house of Lewis Montilieu , Esq ; on the 3d of January last, about the hour of seven in the night, and stealing two pieces of black ink, value 40 s. one piece of orange-coloured stuff, value 10 s. and one pair of cotton stockings, value 2 s. the goods of Ann Proctor , and one waistcoat, value 5 s. and a wooden box, value 2 s. the goods of Richard Hulet .
Nathan Lion and Thomas Withers , two constables, went upon information to the house of a Mrs. Barew, a noted receiver of stolen things, by Duke's-place, and there found the two prisoners setting by a fire.
Hart, the evidence against Knowles and May was called, but did not appear; there was no farther evidence against them.
Harwell's defence was, that he happened to call on his cousin, William North , who desired him to go with him to Barew's, for he wanted to speak to her, being a waterman, about carrying some things to Mr. Barew, her husband, on board the lighters.
North's defence was to the same effect, and that his cousin had dined with him that day; that they set down, waiting till Mrs. Barew came down stairs.
Mrs. Bromwich, wife of captain Bromwich, commander of a fifty gun ship, gone to the West-Indies as convoy, deposed, that Harwell was her steward , and had been so for years, was exceedingly honest, and much respected by the captain, who regretted he was obliged to go without him, as he wanted him to go with him in his capacity of steward, but his being taken up for this affair prevented it; that Harwell was come to town, from Nine Elms, on the captain's business, the day he was taken up; that he had been round the world with the captain, and said she always found him as honest a creature as ever was born.
Mary Cooke deposed, she knew both the prisoners to be very honest men, that North lodged with her; that on the Thursday, the evening of which they were taken up, they had both dined at her house, in Tooley-street, and never went from her house till past seven, when they talked of going to the play; that North is a waterman , she heard of their being taken up by the papers.
Both ACQUITTED .
Tried by the First Middlesex Jury, before Mr. RECORDER.
SAMUEL LeGRAVES , ESTHER LAMB , and MARY BARLOW , were indicted, for stealing on the 4th of January , one sattin waistcoat, value 20 s. two silk gowns, value 40 s. a silk petticoat, three silk cloaks, two cotton gowns, a silver coral, a coat and waistcoat, five linen sheets, three linen table cloths, three linen aprons, and a muslin handkerchief with lace edging, value 6 s. the goods of John Mitchiner , in his dwelling house .
Hetty Mitchiner deposed, that she was robbed on Thursday, the 4th of January, that a neighbour opposite came and told her, he saw the woman go out of her house with a bundle, that she went up stairs and found her drawers robbed of the things mentioned in the indictment; that on going up stairs, higher up towards the garret, where the prisoner Le Greaves's mother lived, she found a pair of stays on the stairs, that John Lidington came to her, and told her, Mary Barlow whom she had found in the garret, was one of the persons that robbed her; that the house is a common lodging house free for any person to go up or down.
John Dighton , a salesman, saw Esther Lamb come but of Mrs. Mitchiner's with a parcel of things, that he saw the three prisoners together, coming up Little Earl-street and go into Mitchiner's, that Lamb brought the things out.
Le Graves then made his defence, said he was going to see his mother, and to see his children, whom he paid his mother for nursing; said he did go to the Three Tuns with his mother, and she gave him a glass of gin, and asked him to carry a petticoat for her to Little Cranbourn-alley; he went with it, came back directly and went into Lidington's, drank some purl, got change for sixpence, and paid for it, that he came out with these women; then he parted with them and went to his mother's house, and sat with his children a quarter of an hour; an alarm was given while he was there, they searched in his mother's apartment and found nothing; he paid his mother so much a week for nursing his children, that he knew nothing of the robbery, and as to the house it was a common lodging house.
Le GRAVES, GUILTY. 39 s.
LAMB, GUILTY. 39 s.
BARLOW, GUILTY. 39 s.
Tried by the First Middlesex Jury before Mr. RECORDER.
The prisoner confessed he took the watch out of the vault, that he had found it there.
Was permitted to enter into the East India Company's service .
Tried by the First Middlesex Jury before Mr. RECORDER.
WILLIAM FOX was indicted, for stealing, upon the 16th of January , fifty four pounds weight of black tea, value 20 l. the goods of Mary Rhodes , widow .
The court said there was no pretence for the prosecution, for it was no robbery, but an Officer of Excise had made an illegal seisure in a violent manner, for which an action should have been brought, that as soon as he had delivered the tea at the public-house, and found there was a permit, he went off in fear of an action.
There was no evidence to affect the prisoner.
211, 212. DAVID MONRO and JAMES COWEN were indicted, for stealing upon the 16th of January , twenty seven gold rings, value 40 s. one gold enamelled smelling bottle, value 20 s. and a parcel of gold trinkets , the goods of Charles Chalmers .
The prosecutor deposed, that he keeps a silversmith's shop , in Sidney's-alley , that his wife informed him, that the shew glass was broke, and that she saw two suspicious persons there before it was broke; he ran out as he found he had lost a number of valuable gold trinkets, into Leicester-fields, there he saw the prisoner Monro run, which gave him a suspicion; that Monro run faster than him, but a boy followed him and got before him, and then Monro slackened his pace, when he came up to them the boy said, that is him, this was opposite to a coach near Green-street, nothing was found upon the prisoner; one of the trinkets was found dropped just by the place where he was taken, and a number in the square, within the rails, that appeared to have been thrown there.
There was no evidence given against Cowen, it appeared he was taken up as having been seen in his company at another time.
The prisoner denied having stolen the things, and said, the reason of his running was, because the prosecutor cried stop thief, and as he had been in trouble before, he did not chuse to get into farther trouble, and he went across very fast to make the best of his way home.
Both ACQUITTED .
213. ANN ELIZABETH DEER was indicted, for stealing upon the 2d of October , twenty yards of black silk lace, value 30 s. a black sattin cloak, value 20 s. with a number of other articles of wearing apparal, and 10 l. in money , the goods and monies of John Bird .
Jane Bird deposed, that her husband John Bird keeps a shop and deals in cloaths , in Cranhouth-alley ; that the prisoner was their servant ; she went away the 10th or 11th of October, that a number of the things lost were found in her trunk at her lodgings; that when she went away she had no wages to take, but in the course of the week, she came into another shop in the alley and bespoke a cloak of three guineas price, which gave her a suspicion; that she missed money out of her drawer but could not tell how much, she thought by the look there were less guineas than were put in her cabinet, but she had not counted them, she
Frost confirmed the prosecutor's evidence.
The prisoner left it to the mercy of the court, said she knew nothing of the money.
To be confined to hard labour for twelve months in the House of Correction .
Tried before Mr. Justice BULLER.
Mr. Marrant, Mr. Carpmeal, and Mr. Clark, proved a press was found in a cellar at Carmichael's house with copper and dies, and a halfpenny in the die, and every material in the cellar for coining half-pence: a number of halfpence that appeared to have been coined there, and a number of blanks or pieces of copper, in the shape and size of halfpence but not coined.
Mr. Flatch the monyer of the mint, deposed, they were counterfeit halfpence, that were produced coined.
Carmichael's defence he had let the cellar by a written agreement to one Balmanno, who was gone away.
Campbel was, not called upon his defence.
Both ACQUITTED .
216. JOHN PATCH was indicted, for stealing upon the 5th of February , a silver watch, value 3 l. a steel chain, value 2 s. two steel keys, and a gold seal ring, value 5 s. two pieces of foreign silver coin, and 7 s. in money , the property of Jeremiah Bumstead .
The prosecutor deposed, that the prisoner and two other persons who made their escape, had pretended to find a purse with a ring in it, and a receipt for 147 l purporting to be the receipt of a jeweller for the ring, (called a brilliant diamond ring) and they told him he should have share in it; by which means they obtained the things in the indictment from him, as security for putting the purse and ring into his possession, and desired he would write down upon a piece of paper, when we return you your watch and money, and 70 l. you will return us the ring and purse, which he did; that this business was transacted at a public-house, on Savoy-hill; that two of the men went away under pretence of getting the money for him, and returned again, that the prisoner beckoned him out about ten yards from the door; then he saw the two men run out of the house, and down the hill towards the Thames, it struck him that he was imposed upon, and he took hold of the prisoner, brought him back and had him secured.
Thomas Newman , a constable, deposed, the prosecutor sent for him, and charged the prisoner with robbing him, he took him to the public Office, and he was committed, he produced the purse and ring; upon enquiry he found, that a shop keeper in Exeter-change had sold two rings of the same sort for half a guinea each, to one person; the rings were a kind of yellow mixture of paste, to imitate diamonds.
To raise gravel three years on the river Thames .
Tried before Mr. Justice GOULD.
JOHN BOLTON was indicted, for stealing on the 19th of January last, one pound weight of green tea of the value of 5 s. the goods and chattels of the united company of the Merchants of England trading to the East Indies .
Mr. TWISS sworn.
On Saturday the 9th of January, Mr. Hillman came up with a handkerchief of tea, which he said he took from two men employed in a lighter, in unloading the York Indiaman; one was secured on the quays, the other made his escape, the one that was taken was the prisoner at the bar; the bulk of what he stole might be three pounds all together which was taken from the two men.
Mr. HILLMAN sworn.
I am an officer in the service of the customs, I found the tea on the prisoner at the bar on Saturday the 19th of December, that the prisoner at the bar and another were in the hole of the hoy that was unloading the York Indiaman, the tea is spilled out of the chests; the man that came up first I examined, I found some tea about him, and the prisoner at the bar was endeavouring to make his escape, I pursued him, and the first man made his escape, I found a quantity of tea upon the prisoner, and went and informed Mr. Twiss of it, the company gave orders for prosecution; the prisoner was employed by the master of the tackle porters to help to unload, I have no doubt he had the tea out of the hold.
What is the value of that tea? - Five shillings, that is one pound without the duty.
I was working in the lighter, a chest was broke, it was what we call the sweepings, I took it up to be sure in the dirt.
To Hillman. Was it sweepings as it is called? - No, clean tea; there are bags to take care of what comes from the chest.
Prisoner. I have no witness but God and myself.
GUILTY 10 d.
To be publicly whipped near the keys, a hundred yards .
Tried by the London Jury, before Mr. Justice NARES.
218. JOHN PENNY was indicted for stealing on the 30th of January last, fourteen pounds weight of nutmegs, value 8 l. four pounds weight of mace, value 5 l. and six pounds of cinnamon, value 5 l. the goods of John Greaves , Thomas Warner , and Richard Hall .
I am a grocer in Mark-lane, he was taken by my porter on the keys.
I am a porter to Mr. Greaves, I was carrying some goods on the 30th of January to the Saracen's head, Friday-street, a parcel of spices, they were delivered by the warehouseman, Thomas Hart ; they were to go to Exeter, by Ruffel's waggon, a man met me and said I was too late, this was a a little before eight, he said the book-keeper was gone home, he said he was an acquaintance of the book-keeper's, and would shew me where he was, I followed him to Gutter-lane, and into Goldsmith's-street, at the first lamp a man stood with his back to the door, he said this is the book-keeper, he immediately asked what I had got, I told him a parcel for Russel's waggon, let me see it, says he, I handed it to him, he asked me to pay for it, and for booking, I would not, I said I had a book in my pocket for him to sign, I gave it him; it was seven o'clock before I left home, he handed me the book back, so we all three went to Gutter-lane , the other was a head of us, the man that took the parcel was the prisosoner at the bar; they turned back to back, I asked him if it was safe this man should have the parcel, and the prisoner said yes, and began to ran, I ran after him, I did not catch him, but I came up soon after, by my crying stop thief he was stopped at the end of Cary-lane, he was out of my sight when he was stopped.
How long was it before you saw him again after you lost sight of him? - Not above half a minute, my lord, it was as much as it could be, he was taken into an ironmonger's shop by the gentleman who seized him, we got a constable and took him.
How was he dressed at that time? - In an outside coat and a body coat, and a three cocked hat.
You are sure that was the man? - Yes, my lord.
You never found the other man not the goods? - No.
Cross-Examination by Mr. Sylvester.
What countryman are you? - An Irishman.
I thought so, so you let the man who had the parcel go and run after the other man? - Yes.
You did not chuse to run after the man who had the parcel? - No; I never saw the man, I called the book-keeper before it was moonlight, the book-keeper ran away, and passed two streets and turned into Cary-lane, he took to his heels, in five minutes after I met him.
Did you walk along side of him? - After him.
Then you had a full view of his back parts? - Yes; I saw his face when I delivered in the parcel.
Afterwards you could only see his back? - True, right, you are very right.
Then you only saw his face while he was asking you to pay for the parcel? - Yes.
Had he a hat on? - A three cocked hat.
And you suspected nothing? - No, I wish I had, I had a right to look at him being the book-keeper.
Judge. The moon was at full, are you sure it is the man? - Yes.
You are shopman to Mr. Graves? - Yes; I made up the separate parcel, there were three in one package.
What did it consist of? - Eleven pounds of nutmegs, six pounds of cinnamon, and four pounds of mace, the value is about 20 l. the porter's name is James Quin , he has lived almost a twelvemonth with us.
To Denham. Do you remember the night? - It was a light night, I heard the cry of stop thief, I ran out, I could see up the street, at last a man came running down Cary-lane, and I could hear others following at some little distance, the prisoner I presumed, nobody being before him, notwithstanding he called stop thief, therefore I stopped him, when the man who was last examined came up, which was in a quarter of a minute, he said he would swear to him, I desired him to consider what he was doing, he said he was sure of him; I carried him into my warehouse, I was by myself, I am an ironmonger; then he was committed to the constable, the prisoner made no resistance.
I could not tell if any body had gone by before, I came out, but I believe nobody had passed.
Prisoner. My lord, I have little to say, I was going to the Lapidary's in Wood-street, coming up Huggin-lane somebody ran before, I heard cry stop thief and ran down Cary-lane.
ISRAEL SAMUEL sworn.
I am a jeweller, No. 101, Gravel-lane, the prisoner worked with me on the 20th of January, and for ten months before, he is very honest, I have trusted him with 40 l. at a time.
David Marfeet . I live at No. 6, Crown-court Dean-street, Soho, I am a carpenter, I have known the prisoner five or six years, but these twelve months have been intimate, he has been in my house several times, I never knew any thing against him.
To be confined for twelve months in the House of Correction .
Tried before Mr. RECORDER by the London Jury.
PETER SAIFERT and CASTON HASEMAN were indicted for stealing, on the 6th of February , seven pounds of refined sugar, value 5 l. a hundred weight of bastard sugar, value 4 l. the property of David Glover .
I am a watchman, my stand is in Bishopsgate-street, I was at my stand on the 1st of February, in the morning, looks on the prisoners, I saw the farther one, Saifert, I met him a little after four, and between five and six, he had first a little bag, and the next time a bigger; he was going down the street towards Shoreditch, there was something in the bag; I next saw him between four and five, he had a bigger bag then, the time I saw him about a quarter before six, I stopped him, I asked him where he was going, he said to the next inn; I asked him what was the name of the next inn, he said he did not know, I then told him, I will go, with you and see whether you lodge the parcel in the next inn; I went with him, and when we came there, I asked him if that was the inn, he said no, it was lower down, then we went to the next inn; he felt in his pocket for his direction, damn it, says he, I have lost my direction; I must carry it back, I said no, we will go to a constable, he went quietly till we came near the watch-house, then he threw it down and ran away, we stopt him and brought him back; I did not examine the parcel, I delivered him to the constable of the night, James Munday .
Court. Which way was he going, towards the corner of Leadenhall-street, or from it? - Going towards Shoreditch, all three times the same way.
Did you see him come back empty? - I saw him the second time.
I am the other watchman, I saw him hurl the bag down and run away, near Devonshire-street; he said where he lodged was in Fashion-street, Spittalfields, I went there, one man knew the way in the back way, his name is Griffin; I did not go up stairs, that man is not here, when I entered the door the woman saw that we were in the form of watchmen, without coats, but our caps on, and she began to cry and wring her hands, the bags are here, he told me then where he lived.
I have the key of the watch-house, I am beadle of the ward and constable every night, this man was brought here, he said some sugar had been found on him, and that he received it from some acquaintance, but did not know his name; we sent down one of the watchman to Grace-church-street; I learned where he lived within an hour, he did not deny where he lived.
Did any conversation pass at the watch-house about smuggling; did you hear the idea of smuggling? - No, Sir.
I asked the prisoner Saifert how he came by the sugar, first he said he bought it, a little after, he said it was given to him by a man in Gracechurch-street, who had, been to his house three or four times before and appointed him the night before to meet him at four the next morning, which he did, and received the first parcel, he gave him a second parcel; he asked the man where he lived, he said in Fish-street; the prisoner said he kept the Northumberland Arms, we went and searched his bed-room, then afterwards he said the man's name was Caston; he did not know where he lived, nor where to find him, he said he was a little thin-faced man; I took him to the Compter, the sugar is here; Prosser found the other man by the direction of Saifert.
The remainder of this Trial in the last Number, which will be published in a few days.
NUMBER III. PART V.
Continued from Page 258 of the last Number.
I Live in Martin's-lane, Cannon-street , I am a sugar-refiner , I know both the prisoners, the one to my very great cost, he has lived with me six years, three in a menial capacity; he behaved so well I made him my boiler , and put him in trust with all I had, he had the keys by night and day, it was in his power to have done any thing, especially in the summer time, when I slept in the country; the other prisoner lived with me little better than three years, as a working man. On Monday morning, between ten and eleven, the 11th of February, Prosser came to me with my Lord Mayor's compliments, to know whether I knew one Peter Saifert , I said I did, and one Caston Haseman , I said yes, he desired to speak with Caston and took him, then we went before my Lord Mayor; he asked the prisoner Saifert how he came by the sugar, he said he received it from John Caston ; he asked him where Caston lived, he said over the water; the next day he was examined again; this sugar is mine, I am clear of it; it was intended to be lumped, but not clearing so soon as was expected, I bid the boiler give it another clay, and put it in the stove, and he said, suppose we put it in with the head on; the heads are generally cut off, being perfectly brown, and full of syrup; I have been nineteen years a sugar-baker, and verily believe such a thing was never done before, as goods of this kind being put into the stove with the heads on, (the sugar produced in court had the heads on) I have no doubt the sugar was stolen; we got a constable and searched his dwelling, we found none of those things we expected, but we found this carpenter's mallot, which is just such a thing as we use in the sugar-house to knock the heads off, and this would bruise it small, it is all over sugar; I have missed five hundred weight at one time, and six hundred weight at another, during the time of this Caston Haseman being the miller , and the custody of this sugar was in the hands of Haseman, he had the care of the cutting mill, he has the key and none else, nobody could get in but those who had the key; the door was locked that night, the goods were lost on the Friday morning, the 1st of February; on Thursday night, about eight, I went to see all the doors fast, this in particular, I found the folding doors fast, I searched the mill over and found no key, this is the mallet.
Was the window fast? - I don't know; the door opens into the mill, and the mill is always open to the dwelling, but not to the street, they cannot go from the street; the mill window is common sash, the other are iron-barred, the cutting-room window is not barred.
What day's work was this sugar? - From a day's work of pieces, the Friday and Monday.
What day was it cast? - Boiled a great while before these goods were taken from the stove to be ground on Thursday night, our process takes six weeks going through; I was angry about his not doing what I expected on Saturday evening, at tea time the maid came, and said Caston wants to speak to you, he said he should be glad I would give him his wages, there were sixteen pounds in my hands, I said I could not give him his wages, I said your warning will be on Thursday, I cannot spare you before; he fell into the most violent agitation I ever saw a man in my life, cried out Oh Lord, what shall I do, what shall
When did you discover the loss of your sugar? - Between ten and eleven at night; from the circumstance of being taken out of the stove, and cut as this was, on the Friday morning, the 1st of February, I understood it was lost; Saifert was apprehended the Monday morning following, two days had intervened.
It is clear the sugar was not carried to Seyfert's house on the first? - He was discovered on the first; I entrust nobody but myself to sell the sugars, for a twelve month past I have been my own clerk; the room this sugar was deposited in was in the custody altogether of Caston Haseman, who had the key.
Whether you did not collect from Prosser and the rest, that Caston Haseman was the name by which it was discovered? - No.
Court. It was the declaration of Saifert that led to the discovery of Haseman? - The man going to gaol, said he met a man that spoke to him, according to Prosser's account to me.
Are these sugars now in a saleable state? - No, by no means, they must be ground in a mill, this instrument will do it as well in time.
FIDDY SLATER sworn.
I am a sugar refiner, I don't know when it was taken out of the stove; I boil for Mr. Glover, it was taken out on Thursday in the afternoon; I am almost sure that is the sugar.
I am a watchman in Martin's-lane, I know Mr. Glover's the sugar-refiner; I examine the doors and windows every night, I examined them that night the things were lost; it is half a mile to the church.
I work for Mr. Glover, I know Caston, he got up on Friday morning about two, or half after, that was the time he went to work, sometimes we boil at four or five o'clock, according to the work, none of the rest of the men got up so soon, he told me he was to get up to grind, in general we leave off at four o'clock, I don't know how much he ground that day.
Mr. Glover. The business he had to do that day was about seven hours, if he got up at five with the rest of the men he might have done by twelve.
Court to Walters. How came you to remember this on Friday? - He told us the night before he would get up sooner, the constables came and took him up on Monday, and I am sure it was the Friday before.
- ZOBEL sworn.
I live with Mr. Robert Taylor the ship broker, there are no Bremen ships gone since the 5th of January, the last that cleared out was then, the river is frozen up from thence, the ships here at that time have staid none lately here but what has gone through our hands.
I want to know what reason you have for knowing it? - By our books and the Custom-house papers, and no ships have cleared for Bremen since that time.
What time did he go by with the things? - I told you as near as I could guess, it was a little after four I saw this man go by with a parcel, about five with another
I leave it to my counsel.
To Walters. You see that morning the other men got up about five? - Yes, and we got up all together, Caston was then in the mill, I saw Caston in the mill.
I live in Fashion-street, Spittalfields, have known Saifert seven or eight months, I never heard nor see any thing of him since I have known him.
Philip Hill. I live in Rose-lane, have known him fifteen years, he was always a very sober virtuous man, I have always used his house since he has been in the house.
For the prisoner Haseman.
The jury said Saifert was guilty of receiving.
Court. You cannot find him guilty of receiving upon this indictment.
CASTON HASEMAN, ACQUITTED.
Tried by the London Jury, before Mr. RECORDER.
221. CATHERINE BUTLER was indicted for stealing, on the 11th of January , one silk cloak, value 12 s. a silk bonnet, value 6 d. a mat, value 12 d. a linen shirt, value 3 s. a linen apron, value 12 d. a linen gown, value 1 s. 6 d. and two linen towels, value 12 d. the goods of Richard Woodcock .
Elizabeth Woodcock deposed she found the prisoner in her house stealing her property, that she found she was seen, and dropt some of the things in the passage, and got out of a back window, that she went out and called stop thief, and a milkman took her, she never lost sight of her till she was taken.
Elizabeth Lake deposed she saw the prisoner go in, and soon after saw her come out with something, that Mrs. Woodcock came out after her, and cried stop thief, that she went to stop the prisoner, who knocked her down.
I have three small children, and not a friend in the world belonging to me in London, I throw myself upon the mercy of the court, I have no friends in the world, nobody has come to give me any thing since I have been in confinement.
To be privately whipped and discharged .
Tried by the First Middlesex Jury, before Mr. Justice GOULD.
222. JOHN HEVEY and RICHARD BEATY were indicted, with BRYANT, otherwise BERNARD M'CARTY, for that they upon the 26th of November last, did unlawfully confederate, conspire, and agree, that Richard Beaty should write his acceptance upon the following Bill of Exchange.
BATH BANK, Nov. 19th 1781.
No. 64. 20.
For SMITH, MOORE, and Co. JER. CONNELL.
To RICH. BEATY and Co. London. No. 19, Great St Helens.
With intent to make it appear to be a good and sufficient Bill of exchange, wellBernard M'Carty well knowing the same to be fictitious wrote the name Bernard M'Carty upon the back of the said Bill of Exchange, and the said John Hevey fraudulently did utter and publish it, so purporting to be a Bill of Exchange, to Samuel Read , the younger, in order to negotiate the same to Samuel Read , the elder, whereby he got into his possession, one watch, the inside and outside cases of gold, value 12 l. 12 s. and seven pieces of gold coin, called guineas, value 7 l. 7 s. and one shilling of the value of 12 d. and they the said John Hevey , Richard Beaty , and Bernard M'Carty , he the said Samuel Read , the elder , of his goods and monies did deceive, cheat, and defraud, against the peace of our lord the King, his crown and dignity .
I am son of Mr. Read who lives in Fetter-lane , I recollect Mr. Hevey coming to our house upon Tuesday the 27th of November; John Hevey , the prisoner at the bar came to my father's shop, and desired to see some gold watches, I shewed him one watch, he agreed to give twelve guineas, for he then presented this note, he said he had not cash in his pocket, he would wish me to give him change for it, he then produced that note, it is No. 64 I think; I have not had it in my custody ever since, it has been in my father's custody and Mr. Foss's, I shewed the note to my father, who seemed to have some doubts upon it, my father came into the shop and had some little conversation with Hevey, who s aid he might send any body with him to the acceptor's; accordingly I went to No. 19, Great St. Helens, with John Hevey , when I came there I saw the prisoner Beaty in a Compting-house, at a large house, No. 19; I looked upon him as a clerk of the Compting-house, I shewed him the note and asked whether it was a good one, he took it out of my hand and looked at it for the course of a minute, and told me it was a very good one, Mr. Beaty told me it was a very good note, I gave Mr. Heavy 7 l. 10 s. and the gold watch, as I had them with me, as soon as he came out of the door.
Whose custody has this bill been in? - When I came home I gave the bill to my father, I don't know whether I have seen it lately, it has been always in my father's possession till three or four days ago; I had marked it, you will see at the back a mark which I put on it and struck out again.
Court. What are the words struck out, received 27th of November? - That is my hand writing, I cannot say whether I did that before I gave it to my father or not, I believe it was wrote on the same day, Mr. Hevey walked on before me, it was just dusk, he went into the door first, I followed him, I thought he was acquainted with the acceptor's house, he walked about two yards before me.
Court. These words scratched out were wrote by you? - Yes.
Court. He says it was wrote by him the same day, it may be read No. 64, 20 l. &c. this was thirty one days after date; accepted the 20th of Nov. 8 l. R. B. Indorsed B. M'Carty.
I am the father of that young man that was up last, I remember the bill my son gave me, I kept it in my bureau sometime.
Look at the bill, is it the same? - This is the bill I received, there is wrote 27th of Nov. at the bottom, and there is S. R. wrote upon one side of it, I wrote it to know it again.
Have you the least doubt you received that from your son? - No; I wrote S. R. in capital letters, when I gave it to Mr. Foss the attorney to know it again, I wrote this upon the back of the words Bath Bank to know where to look for it, and the S. R. upon the top.
That note is thrown off from the plate, Mr. Hevey ordered you to engrave? - Yes;
Mr. Foss, attorney for the prosecution, produced a book belonging to Hevey, which was produced before the sitting magistrate, and declared by Hevey to be his own, and produced two agreements that were found in Hevey's box, which box he claimed as his own likewise, that Mr. Kirby sealed it up and gave the key to Hevey, and said he should not let him open it but in his presence.
Mr. John Kirby deposed, that when Mr. Hevey was examined at Guildhall upon the 7th of December, Mr. Alderman Crichton desired him to take care of Hevey's trunk, that there were cloaths and other things of value, and many papers in it, that Hevey said it was his trunk, that he was to keep the key of it till Mr. Foss had looked over the papers; that Mr. Foss came, and he was two or three hours looking over the papers, and that he marked all which Mr. Foss took away.
The two agreements were produced, and Mr. Kirby deposed, they were the same he had seen taken out of Hevey's trunk which he had maked I. K.
The agreements read, one signed R. Beaty, Bryant M'Carty , present John Hevey , the other signed John Hevey , and Bryant M'Carty , present R. Beaty; the purport of which was, they agree to become partners in business, (not stating what business) and N. B. We propose to begin at No. 19, Great St. Helen's, dated the 24th of September, 1781.
Another N. B. upon any disagreement, each shall be at liberty to dissolve the partnership.
Mary Miers deposed, she lived at No. 19, Great St. Helen's, that the prisoners came in company with another man who was an old man, looked like a quaker, to whom the other two seemed to pay great attention, and took a Compting-house, that they came in the day time and went away at night, as they did not lodge there, that letters came by the general post directed to Beaty and Co. and some to Hevey and Co. that Beaty and Co. was wrote on a brass plate, which they got put on the door, that she took the prisoner Beaty to be the clerk, and she rather thought the old quaker was the master; that some person she went to in Lothbury gave them a good character.
John Dickerson a constable of Bishopsgate ward, deposed, he lived next door to No. 19, Great St. Helen's, where Mrs. Miers lived, (he produced the brass door plate on which was Beaty and Co.) that he found Beaty lodged in Pea-hen Court, where he went and secured him; that he had seen both the prisoners at different times at the Compting-house, that he had seen letters come there directed to Beaty and Co. (he produced some in court that were intercepted at the General Post-office by order of Mr. Alderman Crichton.
The court objected to their being shewn as evidence against the prisoners.
Mr. W. Payne the constable, who attended the sitting magistrate at the time Hevey was examined, deposed, he searched the prisoner Hevey, and found a handful of guineas in his pocket, about twelve or fourteen and a pocket-book containing a vast number of notes, (the book was produced by Mr. Reynolds, it being deposited with him after the trial of Hevey, for the forgery at a former sessions).
Mr. Reynolds informed the court, he had opened the book and looked through every article, that it contained a great number of notes similar to the note in question, some ed up, and others unfilled, and with different fillsums, some were wrote Bath Bank, some other places.
Mr. Payne said, the account Hevey gave of himself was, that he only acted as clerk to Hevey and Co. he said he found one, but
Mr. John Heather called again, deposed, he attended before the sitting alderman at Guildhall, informed the alderman he had taken one of the Bath Bank bills; that when he was before Mr. Alderman Pugh, Mr. Hevey had the watch in his pocket which he had from his shop; that Hevey gave the direction where he lodged, which was at the Golden-cross, Charing-cross, that he went in a coach and fetched Mr. Hevey's trunk from his lodgings, Mr. Hevey produced the key; when it was opened there were five gold watches in it and a silver watch, and six seals, that they were all sworn to by some gentlemen then present, that he was present when Beaty was examined, who said he was only a clerk to M'Carty and Hevey, that he had a guinea a week from them, as being a poor man, that he told them he had been a ballast heaver by business, he acknowledged that before Mr. Alderman Crichton, and he said he had received letters from Bath from M'Carty and Hevey, and in the letters draughts, which Hevey said he would take care to send him cash to pay if he would accept them, that he had paid some, that Mr. Alderman Crichton desired he would produce any one that he had paid, upon which he produced one, but that was not quite due, it seems he had paid it for fear of prosecution; that Mr. Hevey had taken away all the books, Mr. Heather said, he had seen a blank book at the Compting-house, and the book that came from Bath was like it, that Beaty said he could not tell to what amount he had paid bills, that Hevey's trunk was not opened till it came before the alderman, that he wrung his hands when he found his trunk was discovered; there were no watches found upon Beaty, nor any property.
Mr. Edward Beauchamp deposed, he went to Bath to make enquire about this Banking-house, under the firm of Smith, Moore, and Co. but could find no such house in Bath, he went to Westgate-street where Hevey said it was, but could find no such persons; that a Mr. Evitt informed him he had let a lower apartment in a house which had five windows in front, to some people who had gone off, but could find no Banking-house in Westgate-street.
Mr. Kirby was again called, deposed, he had six watches that were found in the prisoner's trunk, (he then was desired to produce a gold watch with an enamelled case, which he did) name David Rivers , No. 6598, that he had wrote down the name and number several times, and that he could swear from that circumstance it was the same watch.
Mr. Read senior, deposed, that was the watch he sold to the prisoner Hevey; that he had never been paid any money for it, and had received nothing but the bill; that he went to receive the cash when it was due, but found the people were all run away or gone; it appeared afterwards they were both in prison, that they were taken up, the one on the 1st of December, the other on the 3d.
To Mr. Dutton. Is Hevey a solvent man or not? - I had him arrested in the beginning of the year 1780, he was liberated from the King's Bench by the rioters, he owed me 238 l. for brandy and rum, I have never been paid, I considered him as an insolvent man.
The counsel for the prisoner objected to the indictment, that the charge attempted to be brought against the defendants was not warranted by the penal law; that conspiracy (the crime imputed) like all other crimes, has a clear definition and description annexed to it; that conspiracy in antient times was different from the modern; the first conception which evidently came into the view of the legislature, was a combination to charge persons with some crime, and possibly in its extent, subjecting them to trial, that some perilous consequence must attend it, and therefore it is evidently distinct from fraud, the crime now imputed fraud is not a conspiracy, and it is impossible to say it amounts to it.
Mr. Read junior was called again, and the following question put by the court.
When you went with the bill to Great St. Helen's and saw the prisoner Beaty, what question did you ask him respecting the
What answer did he make? - He said it was a very good one.
Did you ask him any farther questions? - I asked him no farther.
The counsel for the prosecution said, it was not necessary to produce any farther evidence than Read junior had given; for if a bill was tendered to a man, which bill purports to be his acceptance to be wrote by him, and he looks at that bill and says it is a good bill, it will be paid when due, that is a proof of his acceptance, sufficient to support an action in any court of justice, and therefore sufficient in this case.
The counsel for the defendants said, it was begging the question to say, if a note is tendered to a man as an acceptor, if he says it is a good bill it will be a good acceptance; there is no doubt of that, but there is no evidence in this case of the man pretending to be the acceptor, he only looked at it sometime and said it was a good bill, and that which would not be evidence to charge a man in a civil suit, cannot be evidence to affect him in a criminal prosecution.
The counsel for the prosecution said in reply, the man himself taking the note in his hand, holding it a minute, then returning it and says, it is a good bill, it will be paid; that is an acceptance to all intents and purposes, it is acknowledging that acceptance to be his acceptance; in this case it was as much as to say I have wrote R. B. upon it, and will pay it when it comes due.
Court. There is no doubt at all, if no acceptance had been written at all upon this bill, what Beaty said, if he is proved to be the person addressed, would unquestionably amount to an acceptance; and if it had been charged in this indictment that this bill was drawn as it is stated to be, and that Richard Beaty did according to the usage and custom of merchants accept the same, though no written acceptance appeared upon that bill, I should be of opinion this evidence was sufficient to support that charge upon the indictment, if the indictment had charged the fact as it really appears in evidence, that the bill so uttered or offered by Hevey, the said Richard Beaty did fraudulently declare was a good bill, upon the bill being presented to him so purporting to be accepted by him (Beaty) but my doubt is, if in an indictment for a crime you take upon you to state distinct substantive facts, which are not essentially necessary to make out the crime, that is the subject and the gist of the indictment; you shall not be permitted to treat that as surplusage, and say, though we have charged an unnecessary fact, the indictment is good without it, we may consider it as struck out of the indictment, and we need not give it in evidence; the contrary of that I take to be clear and settled law. Here Mr. Recorder cited a case in which he was counsel some years ago in the King's Bench, in which upon an indictment for perjury, the writ of declaration was stated, and all the proceedings prior to joining the issue; that he called upon the prosecutor's counsel to produce the writ and other proceedings; that the counsel on the other side said, it was not necessary, and it was no matter whether the writ issued or not, it was totally immaterial; if that cause was called on for trial it was equally perjury of the witness if he was called upon to give evidence; lord Mansfield said it was very true, but as they took upon them to state the writ and other proceedings, they must produce them, and they must be proved to correspond with the issue upon the indictment; and though in this case it is only said to affect the person out of whose mouth it comes, it likewise affects the other, and though this is part of the offence of Beaty, it is as necessary to be proved against Hevey as him, upon the principle that what is stated in an indictment must be proved. If the jury are of opinion upon the evidence as to the merits, that the prisoners one or both are guilty, I shall reserve the point for the opinion of the judges.
I think there is no weight in the objection made by the prisoners counsel at the outset, upon the nature of the charge itself, whether
Tried by the London Jury, before Mr. RECORDER.
223, 224, 225. JOHN JONES , JACOB LEVI , and JOHN WHEELER , were indicted, for feloniously coining an halfpenny, against the form of the statute, and BENJAMIN COLBORNE , JOSEPH ATKINS , and JAMES PULLEN , for feloniously counterfeiting, aiding, abetting, and procuring them to commit that felony .
Mr. John Clark deposed, he went there about twelve, that he found Jones in the one pair of stairs, with his hands amazingly black, in the cellar he found two candles that had been recently blown out, a stamping press fixed, no cutting press, no cecil, no copper, but blanks and half-pence, a pair of dies fixed with a halfpenny between them, not quite compleat; round the press a quantity of halfpence, they were warm as if just struck off, they were put in a bag with some saw-dust, and stuff to turn them black, (the dies and halfpence were produced in court) he farther deposed, that copper was too porous to make buttons of, that the blanks found were copper, that it would take more gold to gild them than button-makers could afford; it appeared the business of coining had been carried on there but a short time before he came in, he found Wheeler, Levi, Jones, and one Phillips, three of them with their cloaths off, and Jones's coat on, all seemed as if they had been at work, they appeared very dirty.
Charles Jealous deposed, he saw Levi and Phillips at the house, Levi was without his coat and had a red waistcoat on, that Levi's hat was near the press, which he desired him to bring to him, their hands were black.
A. Cleyton, a surveyor, deposed, he was asked by Clarke, as he was going by to come in, that he went in and saw the men and the presses, &c. as related by Mr. Clarke.
Mr. Fletcher, the moneyer of the mint, proved the halfpence were counterfeit.
I have nothing to say, my lord.
Levi said the same.
I am a journeyman baker , I live in the Minories; about 12 o'clock I called to see my wife and child; she lived servant in this house, she took me up stairs, I had not been five minutes up stairs before these men rang at the door; she called to me, says
I went up stairs first, I saw Wheeler in the one pair of stairs, sitting on the foot of the bed, with a child by his side, he appeared dressing himself, the bed was made, he was very black, his hands looked like a copper smith, he was buttening up the knees of his breeches.
Clark. The married man had his coat on.
Court. What house was this? - One Harding's.
Mrs. Turner had known him about three years, gave him a good character.
JONES, GUILTY .
LEVI, GUILTY .
WHEELER, GUILTY .
(The Court then proceeded to examine witnesses to the part which affected Colborne, Atkins and Pullen, that was as to making the blanks.)
Mr. Carpmeal deposed he went on the 24th of January to No. 14, Windmill Court, Snowhill , that he went in, and Mr. Clark and Mr. Jealous followed, they found Pullen and Atkins at a cutting press, cutting out blanks, he saw them at work, there was a great deal of copper cecil and blanks, several baskets and tubs full of copper.
Mr. Clark deposed he went in with Carpmeal, and saw Atkins and Pullen sitting at their presses cutting out blanks, that he supposes there was 3 or 400 weight of copper there, that there were two presses in the parlour, and one up stairs.
Joseph Mawtass deposed he is a chaser, he knows Atkins, Pullen and Colborn, that Colborn he has seen pay the taxes for the house, No. 14, Windmill Court, Snowhill, that he has seen all the prisoners cutting out blanks about a week before Christmas, he has seen Jones and Philips come there with handbaskets, and sometimes Harding, and sometimes with a bag, I know Colborn well, I chased some buttons for him, that he gave information to Mr. Clark as soon as he discovered the big press.
William Halliburton deposed he went to No. 14, in a court on Snowhill, and he took Colborn as he was coming up to the house, that Colborn said he had a right to cut out blanks, and that an Alderman told them they had a right to do it so long as there were no heads and tails on them.
Between four and five months ago I was taken up for the very same affair, and put into Wood-street Compter by Alderman Kitchen, and the sitting justice, and the Solicitor of the Mint, and Mr. Clarke, and they acquitted me, and gave me my things back, I applied to the court to know whether I might work or no, they said I might go to work, but to put neither heads or tails on, this same man chased buttons for me then.
I was originally bred up to a button and buckle maker , I kept on business, in London, for my own account, but times are very precarious, and when winter comes our business flies off, I was going to Bath, I thought I would not starve, I applied to Colborn, he said he would give me a good job, he said he had agreed with Perkins and Spencer to cut them three or four ton of metal, he lent me a press, I cut near 100 ton weight, I live opposite St. Sepulchre's church, he said he could not give me any more, they were very large, much superior in their weight to those produced in court, then Colburn said to me, you may as well cut some of this other sort, the business was carried on in public, it appeared in a justifiable light, no ways in secret, that was the manner I worked, therefore it deceived me, I was paid no more than a journeyman, Colburn had the advantage of it, if it was illegal, he took this step I do think, because Colburn would not employ him, he did attempt to go and summon him before the Chamberlain, he went, it was a
Prisoner Colburn They had a pocket book of mine with some cards and orders for the country.
For the Prisoners.
Mr. Dame. I keep a public house opposite Colborn's, never saw any thing but honest and just by him, have received several pounds of him for beer, have known him near three quarters of a year, I never saw any secrets, I have carried in beer when the door was wide open, I have seen copper there thicker and larger than a halfpenny, I have never received above 6 d halfpenny at a time in halfpence, I have seen him cutting blanks with a fly, I have seen people come in and pay forfeits for having a cut, a great quantity of copper used to come in, and I have seen him carry out the shavings, as they call them.
Mr. King. I am turnkey to Mr. Kirby, Wood-street Compter, Colburn was taken up on suspicion of coining, in September, and discharged by alderman Kitchen.
Prisoner Atkins. I have no witnesses, I have no money to support them, Mawtass knows me.
Court to Mawtass, Did you ever see parcels of halfpence brought back to this house? - I never did.
COLBORN GUILTY .
ATKINS ACQUITTED .
PULLEN ACQUITTED .
JONES and WHEELER to go the East Indies .
LEVI imprisoned twelve months in Newgate .
COLBORNE six months in Newgate .
Tried by the London Jury, before Mr. RECORDER.
226. ISAAC FORRESTER was indicted for stealing, on the 3d of February , one woollen blanket, value 3 d. a woollen jacket, value 2 d. a pair of trowsers 2 d. and three leather shoes value 1 d. the goods of Joseph Evans .
The prisoner said he was in liquor.
Ordered to be privately whipped and discharged .
Tried by the First Middlesex Jury, before Mr. Baron PERRYN.
The prosecutor deposed he laid hold of her, and she immediately threw it away.
Ordered to be imprisoned six months, in the House of Correction .
Tried by the First Middlesex Jury, before Mr. Baron PERRYN.
There being no positive proof.
The prosecutor caught the prisoner taking it out of a washing tub.
Being a very old Man he was ordered to be privately whipped and discharged .
ELIZABETH LENNARD was indicted for stealing on the 20th of February , one watch value 40 s. a seal value 2 s. and one pair of silver buckles, value 10 s. the goods of Richard Hind .
The house was on fire and the handkerchief found upon the prisoner. - Produced in court and deposed to by the prosecutrix.
To be transported for seven years to the East Indies .
Tried by the London Jury, before Mr. Justice BULLER.
John Brown deposed, he sells tin plates by commission , that he had lost several boxes of tin plates, that he set a watch at his warehouse door, that about eight o'clock he saw a person stand on the threshold at the door, that he went and laid hold of him, and caught the prisoner in the fact, with a sack on his shoulders, which he then threw off, and in the sack he found the plates which he deposed were his property.
The box of plates was produced in court.
The prisoner said he never went into the warehouse.
To be publickly whipped and confined to hard labour twelve months in the house of correction .
Tried by the London Jury, before Mr. RECORDER.
To be publickly whipped and imprisoned six months in the House of Correction .
Tried by the London Jury, before Mr. RECORDER.
Moses Lealter , a coach master, deposed, that the prisoner used to look after a horse and cart in the yard where his coach stood, that he sold him these things mentioned in the indictment, that he gave him 14 s. for them, he had no suspicion they were stole, it is usual for gentlemen to give old harness to their coachmen.
A man came to our shop and asked me to shave him, with a coach harness on his shoulder, he asked me if I knew any body that would buy them, then I went and fetched a man and they could not agree. I said I would take them to a coachman; I met Lealter in Whitechapel, he bid me come home; he said he could not look at them in the street; says I, you are nearer my master's house, and you can speak to the man; says he, bring them to my house;
Court to Prisoner. Does Lealter usually buy pieces of harness that you went to him?
No, only I had known him these three or four years, I thought him a proper man.
Court. I hope the officers of justice will keep an eye upon Mr. Lealter, if he is not more careful he will be brought here himself.
I know the prisoner, he is my journeyman ; I have seen Harris (the witnesses to the facts were examined apart) this here said Harry Levi is a journeyman of mine, he was working in the shop between twelve and two there came in one John Harris to be shaved, he brought in some harness or bridles, they were some leather belonging to harness. This Henry Levi shaved him, he whispered to him, and he told me this Harris has got something to sell belonging to horses. I said, did this fellow come honestly by them, as I had only seen Harris two or three times. Harris told him his master had given them to him, he had a new carriage and the old harness and things belonged to the servants, he said he had pawned his new buckskin breeches and gamed the money away in the Lottery-office, and now he must wear his new breeches, and must take them out of pawn, therefore he wanted to sell this harness. The prisoner then said, let me fetch one that lives in our neighbourhood to look at them. I told him to go and not stay; he went and fetched one Simons to look at them; he asked 16 s. for them. Harris shewed them to Simons, he said they were not worth so much, so he would have nothing to do with them. Harris said to the prisoner I will leave them with you till tomorrow morning, he said if you get above 14 s. keep it yourself, and if only 14 s. I will give you 6 d. In the afternoon he carried them to Lealter, and shewed them him. I know no further. Harris said he was a coachman belonging to the same stable next the Saracen's Inn, I did not ask him to whom.
Court. Did not you enquire who this gentleman was?
No, my Lord, his stables was next the Saracen's Inn, his master kept his carriage there; I enquired after the lad was brought into trouble; I went to look after him and he was in prison. I have shaved the prosecutor, I asked him where Harris was; he told me that he came once or twice to clean horses, they said they knew nothing of him, they knew nothing of the lad Harris, but now he knows nothing of him; one is the prosecutor himself. I learned his name was Harris at the Saracen's Head.
To the Coachman. Do you know this Harris? - No, my Lord.
On Wednesday Joseph Harris came into our house to be shaved, between twelve and two, with some collars and bridles across his shoulder, he laid them down and the prisoner shaved him, after he was shaved he asked the prisoner if he knew any body to buy the harness, he spoke loud, I heard him, and our little 'prentice heard it.
Court. He did not speak it in a whisper, but spoke out loud? - There was no whispering at all; and Harris told him he should have something for his trouble. Then the prisoner fetched one Simons, he came with him, and they could not agree; I do not know what he asked; Harris asked the prisoner to shew them to any body else; after his business was done he went with the harnesses; Harris left them with the
What was Harris? - An hostler; he said he worked for the George Inn, in Fenchurch-street; he said his master had got a new coach and the harness was his.
What master, the master of the George Inn? - I don't know; he said he would not have sold them, but he lost his money in the lottery time; he said he wanted to buy him a pair of boots and a pair of breeches; he said his master gave him money to buy them, but he had lost it in the lottery. The prisoner is no relation; I am journeyman to my brother; he was by, we were all shaving the customers; he spoke loud, he did not whisper; my brother could hear well enough himself; he told me in the hearing of my brother that he belonged to the George Inn.
- SIMONS sworn.
The prisoner came to me about seven or eight weeks ago, and asked me to come to his house to buy a pair of harness, there was a man had a pair to sell.
What are you? - I am a jew by profession, and a chapman and dealer; I deal with master hackneymen for hammer-cloths and harness, and any thing in their way; I buy at sales; I deal in old cloaths besides. There was a man had them to sell, the harness was not there; I went to Henry Levi 's house; I do not know whether he keeps the shop, it is his mother's house, and a barber's shop; one Levi is the master, I saw no other men, there was a strange man who had them to sell. I believe the mother of the prisoner was there; he asked me half a guinea, I told him they would not do for me; I did not see the harness; I offered him nothing.
Who was in the shop? - If it costs my life I cannot tell, I think his mother was there; my business was to look on the things; the prisoner is a neighbour, I know the shop, the mother has kept it some years; there are two brothers besides the prisoner, which are the masters of the shop I do not know; if there was one there, it was the youngest, but I cannot tell.
To Lyon Levi . This is your journeyman? - Yes, he has behaved exceeding well, he was apprentice to me, I never found him dishonest, he was industious; his mother lives with me, and I can prove myself to be the master of the shop, she is a widow, I take care of her.
To be publickly whipped and confined to hard labour six months in the House of Correction .
Tried by the London Jury before Mr. RECORDER.
The prosecutor deposed he gave him the notes and money in a parcel, and sent him to a Mr. Savory's, that when he came back he said he had lost the parcel.
Mr. Payne, the constable, deposed he searched the prisoner, and found a note for 114 l. one of Thompson's, who robbed the mail. That the prisoner told him, he had made use of the notes which he had of Mr. Brown, as he had been arrested and in trouble.
The prisoner said in his defence. There were several persons in the room when Payne searched him, and he never said any such a thing.
To be transported to the East-Indies for seven years .
Tried by the London Jury before Mr. RECORDER.
JANE LEE was indicted, for stealing on the 20th of February , five yards of printed cotton, value 10 s. the goods of John Calthrop and James London , privately in their shop .
John Calethrop . The prisoner came into my shop the 20th of February, a quarter past four in the afternoon, with an intention of buying two yards of black linen, to pin before her child, I saw her in the shop, one of my shopmen waited on her, I had another customer the other side of the counter, I saw the prisoner going out, I asked if she had bought any thing, he said no; I was sent for to a pawnbroker's in Oxford-street, about two hours after, to see if I knew a piece of cotton that was there, I knew it to be mine, five yards, there were two shop marks, a C and L, which I mark all the goods I buy, I was convinced it was mine, I did not miss it out of the shop.
Joseph Kemp , shopman to the last witness; the prisoner came in about four o'clock, she wanted a piece of black linen for pin-cloths, I fetched her another piece, she went out, I saw her take nothing, I missed nothing, till we were informed what we had missed, then I missed a remnant of cotton which laid in the window the day before, I looked for it then, I knew the prisoner again, it was about four minutes she was in the shop, I never saw her before, she is the same person.
- Green, servant to the prosecutor, I saw the cotton in the window on that day, between ten and four, nearest to four, I saw it in the window that day, it was our pattern.
William Shirwin . Here are five yards and a half of cotton, I had it of the prisoner at the bar, between five and six in the evening, I have known her four years, her husband is an engraver or jeweller, she wanted fifteen shillings on it; I asked her how she came by it, and she said she bought it that day, the corner of Hayes Court, I went there and they said they knew nothing of it, then she said she had it of Mr. Wollerton, he came, and she swore she bought it of him, he remembered seeing it in Mr. Calthrop's shop; we went and fetched him, he came and owned it, we kept her in the parlour, this is the piece of cotton I had of her.
For the Prisoner.
- Preston, knew her fourteen or fifteen years, she bore an exceeding good character till lately, her husband has not behaved well to her.
GUILTY. ( Death .)
Recommended by the jury .
Tried before Mr. RECORDER.
I am a slopseller in Wapping , on the 22d of January the prisoner came to my house after dark, to buy some check aprons, I shewed her two pieces, neither would suit her, I let the two pieces lay on the counter, she said she wanted a pair of black stockings; she bought a pair of two shillings, and a pair of buckles at eighteen pence, she paid for them and went out, one of the pieces of check fell behind the counter, just before she went out I went round to pick it up and it was gone, I called my servant to run after the prisoner, she told me she was going for a pair of shoes, I fastened my door and went after her, I took her, she had not got to the shoemaker's, the check dropped directly from under her cloaths, she begged to go, I took her home, and she offered me the stockings and buckles and eighteen pence to let her go, I would not.
Court. Had you any suspicion of her when
Jury. How many pieces of check did you shew? - Two.
How happened it you did not go round and take up the check? - I never saw the prisoner stoop, I had no suspicion, she looked a hard working young woman.
Court. How could she take this check without stooping? - I did not perceive her stoop, which way she took it or which way she dropped it I do not know, she touched none of her cloaths.
It might be kicked by her into the street? - No, my lord, she had got near a hundred yards.
Jury. How far was the prisoner when she was looking at the checks, from the door? - Half the distance between you and me.
Jury. Was not the check loose at one end? - No, it was tied at both ends; my master told me the woman had stolen some check who had been in the shop, I stopped the first woman I met, it was about a hundred yards, my master came and took the prisoner, I saw the check fall from her, I believe it fell from under her apron.
No defence called.
Court. This is a very severe law, the check may be all holes, you may value it under five shillings.
Recommended by the jury .
GUILTY. ( Death .)
Tried before Mr. Baron PERRYN.
238. GEORGE ELLIOT was indicted, for stealing on the 15th of January , one wooden box, value 14 d. eight glass bottles, value 2 s. and two gallons of sweet oil, value 16 s , the goods of John M'Kenzie .
Edward Lewis deposed, he was writing behind Mr. M'Kenzie's counter, and he saw the prisoner going out of the shop with the box in his hand, pursued him and caught him; that several yards from the door the prisoner dropped the box.
No defence was made.
Agreed to go to the East Indies .
Tried before Mr. RECORDER by the London Jury.
The prisoner said, to be sure I did the thing, I have no witnesses to my character here now, I little thought of coming here, I was told I was clear at Hicks's-hall.
The court enquired his age, it appeared he was upwards of seventy, the jury recommended him to the mercy of the court.
Fined 1 s. and imprisoned a month .
Tried by the London Jury before Mr. RECORDER.
LEVI PHILIPS was indicted for stealing a pair of bridles , the property of Andrew Johnson , Esq .
Mr. Paterson deposed the prisoner brought them to his house to sell, and he stopped him, and kept the bridles in his custody ever since, they were produced, and deposed to by Jennings the servant of the prisoner.
To be confined to hard labour upon the river Thames two years .
Tried before Mr. Justice BULLER.
243. WILLIAM BRITAIN was indicted for stealing, on the 18th of January , an iron poker, value 6 d. a paper of black pins, value 4 d, and a glass bottle, value 2 d. and a quart of champagne , the property of Hester Delamonte , widow .
GUILTY 10 d.
Tried by the London Jury, before Mr. Baron PERRYN.
244. ELIZABETH ELLIOTT was indicted for stealing, on the 28th of December , a flock and feather bed, value 8 s. a bolster, value 4 d. a sheet and coverlid, value 2 s. and a pair of bellows, value 12 d. the goods of Bartholomew Skurry .
It was proved by Mrs. Skurry the prisoner took them out of her furnished lodgings.
Privately whipped and discharged .
Tried by the London Jury, before Mr. RECORDER.
The prosecutor deposed, the prisoner picked him up at two in the morning, and took him to a private house, where he fell a sleep, and she robbed him of his watch, &c.
Ordered to be privately whipped , and confined to hard labour six months in the house of correction .
Tried by the London Jury, before Mr. RECORDER.
The Court then proceeded to pass Sentence of Death on the ten following prisoners:
WILLIAM ROBERTS , otherwise CUTLER, EDWARD WILKINS , ANTHONY ECKART , LUCIUS HUGHES , PETER MAYHEW , WILLIAM SMITH otherwise JOHN NEAGLE, otherwise JAMES FLOOD, ANNE SMITH , JANE LEE , JOHN KNOWLES , and JOHN MAY .