NUMBER IV. PART I.
BEFORE the Right Honourable Sir WILLIAM PLOMER , Knight, LORD MAYOR of the City of London; the Hon. Sir JAMES EYRE , Knight, one of the Barons of the Court of Exchequer; JAMES ADAIR , Esq. Serjeant at Law Recorder; and other his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.
First Middlesex Jury.
Second Middlesex Jury.
246. JOHN ASSTILL was indicted for stealing upon the 12th of February, in the twenty first year of his Majesty's reign , four linen table cloths, value 8 s. three pair of worsted stockings, value 4 s. 6 d. twelve other table cloths, value 10 s. eight pair of thread stockings, value 8 s. and ten pair of worsted stockings, value 14 s. the goods of Roger Evans , in his dwelling house .
I have a large stock of linen drapery and hosiery in St. John's, Wapping, this man wasMary Smith , came and brought some of my goods to me, and said I was robbed, there was my hand writing upon the stockings which she brought, I went to the Justice's and got a warrant to search the houses of the prisoner and his father adjoining, there was a communication by a door between the houses, we found some table cloths upon the bed at the father's house.
What did you find there? - I think four table cloths and some stocking which are here; they were put in the possession of the justice and constable, I examined them at justice Sherwood's, and knew them again, this was about eleven in the morning, this man fled that night from his work, which was carting at the ruins to prepare it for building; he was taken at an alehouse at night, I saw his cart he had left two hours while they were searching for him; before the justice he used threatening language, and said he would make me know whose goods they were; on Monday the 7th of May, the same day, we found some of the things at a pawnbroker's, one Jonathan Mathews , he and his mother were committed, I was bound to prosecute; the justice discharged him, as he said the goods belonged to the Fire-office, and said I had received the money for them.
From the Prisoner. Whether he was not satisfied for that loss and every other by the Insurance-office?
Court. That is no justification for you.
I know that man was employed to cart away the goods at the time of the fire, to Mr. Whitehead, a surgeon on Wapping wall, and other places; we missed many things, it is impossible to speak to all the things, this man was employed to carry them and to bring them back.
You are the person that carried Mr. Evans some things he had lost? - Yes, sir, it was by compulsion, he is my own brother, sir.
What are the things you carried to Mr. Evans's? - Two pair of thread stockings.
Where did you get them? - His wife brought them to me about five weeks after the fire, the prisoner was not present; I never saw any thing he took, only his wife brought them to me.
He never spoke to me concerning them, I do speak the truth, I have not spoke to him these eleven months, the prisoner never told me where he got them, I know nothing about them but what his wife told me.
William Elby . I am a Headborough, I executed one search warrant at the father's house, the prisoner's and that are adjoining, I believe there is a door between them that communicates to each other above stairs.
Do you know it or not? - My fellow servant came through, I believe he came to the same house where I was, I cannot say upon my oath whether he came through the door or not.
Do you know there was a door there? - I believe there is, I have the property I found to produce, it was at the father's house upon a bed, up one pair of stairs, they were spread open upon the bed in this blue apron; I went and told Mr. Evans I had found part of his property, I apprehended him at the White-Lion, in Red-Lion-street, in the Tap-room; these things are in the same state I found them in; Mr. Evans says he cannot swear to the stockings as the mark was cut off, he believes them to be his, on the table cloth there was his own private mark upon it, the same upon another cloth, three in all that
I am a pawnbroker, these things which I produce, have been in Mr. Sherwood's Office, I had them from Mr. Sherwood himself, one bundle I sealed with my seal.
Open it, and see what things it contains. (He produced a parcel of table-cloths).
Pick out all that were pawned by her and put them together? - All contained in this bundle were pledged by her; a tablecloth at ten-pence, on the 5th of March, another the 12th of March; I believe I was not present when they were brought, my lad ticketed them.
I have been a pawnbroker four years and an half, I never was here before, it is a new thing to me.
Court. Remember in future, the person that took them in is to come to give evidence.
Where did you get them? - From Mrs. Asstill, in her own room, I never saw the prisoner there, I cannot say I should know the things again.
Look at them? - There was one of this pattern, but I cannot say these are them upon my oath.
Did you take any duplicate with them? - No, sir.
Jonathan Mathews . I have taken in some things of her, I think I gave her a duplicate, (he looked among the bundle of tablecloths and stockings, and said,) here is none I have ticketed off the name of Bryant, here are some things I gave duplicates with to Smart and Berry, on the 27th of February, for one shilling, by one Mary Smart ; here is a piece of cloth, sixpence, in the name of Elizabeth Fenny .
Is it unmade? - I fancy it don't belong to Mr. Evans.
Mr. Evans said he could not swear to one that was a remnant.
Was there any thing but remnants of cloths? - Yes, table-cloths; here is one for three shillings and sixpence, in the name of Fennam, took in by my wife, here is a pair of stockings pledged by Fennam.
Mr. Evans said his mark was on it.
Mr. Mathews produced several things in the name of Fennam.
I pledged two pair of stockings with Mathews, for sixpence a pair, Mrs. Asstill gave them me to pledge, I gave her the money, I know nothing of the prisoner, any more than his being a neighbour, Mrs. Asstill gave me them in her own house.
Mr. Evans said he knew one pair of the stockings produced, by his mark being upon it.
Prisoner to Fennam. Was I present? - No.
Prisoner. I have a witness in court to prove, that my sister should say my mother gave her the property, which said was given her by my wife; but upon account of some words with her, she said she would be revenged of me some how or other.
On the 12th of February twelve months, I heard the cry of fire, and got out of bed, and asked the watchman where it was, he informed me it was at King Edward's Stairs, I got up, knowing several masters I had worked for there; Mr. Evans was one, seeing his house in danger I went there, and asked if he would have a cart or two, to assist in carrying his property away, he said, Asstill fetch me one or two down, I went away immediately and brought a town cart and horses to his door, and informed him it was there, I got up into the cart, the fire men brought up the goods into theMary Smith 's account, which is William Asstill .
Mr. Evans. My lord, the prisoner declared upon his word, they were all in his possession at Justice Sherwood's.
Prisoner. Mr. Evans was in the country at Burntwood at the time the fire was.
For the prisoner.
I am a purveyor of scales and weights to his Majesty, I live in Butcher-row, Temple-bar, I am brother to the prisoner and likewise Elizabeth Smith, I thought it fit to convince her of her error, but not to punish her too far for making a report about me, I served her with a Marshal's Court writ as soon as the trial was over, there she said she would be damned, or words to that effect, if she would not hang him, this was on a Friday, and she cried about John, my mother said he had been terribly injured; I went down to the witness Smith, and told her it was very hard she did not go to see her mother when she was dying, she said there had been a great deal of confusion in the family, but she said positively at that time she had them from my mother; as they said he would not be tried to-day, a young man at Newgate door told me so, I applied and asked Mr. Pitt if he could let me in, he knew they would not let me in, so that I could not know from the prisoner when his trial would come on exactly.
Clerk of Arraigns. The prisoner had particular notice he would be tried at nine o'clock this morning.
Court. The evidence does not support the charge of stealing them in the dwelling-house, if he did steal them at all he stole them from his own cart; if the prisoner did take them from the cart, instead of carrying them to the place where he was directed, that is a sufficient stealing in point of law to constitute a felony; they were delivered to him to carry to a particular place, if he took them out of his cart with intent to steal and convert them to his own use, it
GUILTY of stealing, but not in the dwelling-house .
To raise gravel two years on the river Thames .
Tried by the First Middlesex Jury, before Mr. RECORDER.
247, 248, 249. GEORGE PERKINS MARY RAWLINS , and MARY BATSTER , were indicted, for making an assault upon Elizabeth the wife of Robert Vines , on the 7th of February , in the dwelling-house of the said Robert Vines , putting her in corporal fear and danger of her life, and taking from her person a gold ring, value 5 s. one watch, with a studded shagreen case, value 20 s. with a metal watch chain, gilt, value 2 s. a quilted stuff petticoat, value 2 s. several other articles of wearing apparel, and a small clasp knife, value 6 d. and 3 s. 6 d. in money, the goods and money of the said Robert Vines .
The prisoners are the persons that robbed me on the night before the last night, the 7th of February, just at ten o'clock; I sat by the fire in my own room, on the ground floor, in a front room, I was very ill in the morning, George Perkins brought me down a bason of coffee, Sarah Perkins and George Perkins lodged in the house up one pair of stairs; he came down between seven and eight in the morning for a light, I got up and gave it him, I said I was very dry, he said nothing to me, but went up and fetched me a bason of coffee, I was very sick all day, I brought up every thing I eat or drank; Mary Batster came in about eight at night, and asked me how I did very kindly, and went up stairs; at ten she came down and asked me if I would go to bed, I said I should not till the old woman came in that lives up two pair of stairs, she pulled me off my little stool where I was sitting, and threw me upon the bed; Mary Batster did, and directly the other two came in, she took the gold ring off my finger, and held me down while Sarah Perkins took my watch out of my pocket, and my knife, then the two women held me down and tied me on the bed, while George Perkins broke open my drawers, and they took all my cloaths, sheets, and wearing apparel of my husbands and mine, and took them up one pair of stairs, there they staid till one o'clock; I was in a great deal of trouble and sorrow, I was on my bed and tied down upon it, and they double locked my room door, and the street door; about half after ten the old woman came home, George Perkins let her in, she said, damn it I have been a good while getting in, and she enquired for me, George Perkins said I had been gone out with a gentleman since five o'clock, the old woman's name is Sarah Nibley , I heard the conversation between her and Perkins at the door; she went up stairs, they gave her a candle, and just at one o'clock, the three prisoners went all out, very quietly, and left all the places open; I heard them go, I got relieved myself, I undone myself and got released about three o'clock, I then called the old gentlewoman up; they came at one, and opened all the doors, after they took their things they throwed the tool as the man undid the drawers with, and said, I might lick myself and I might black my backside and go naked; they went away, I said I would go myself to the constable of the night, he said he could not go with me without a warrant; the next day I found Mary Batster , I could get no warrant on the last day, the day after I took two constables, they would not take her up; my husband got a warrant and they were taken up about a fortnight after, or rather better; I went to his worship Blackborrow's, he was not at home on Saturday, we let it alone till my husband came home; Denmore and Brown were the constables, one petticoat was found upon Sarah Perkins 's back after we took her in custody, nothing else was found at any time, though I lost all my caps and stockings, a person belonging to the Compter examined her.
Mary Batster . Why I was not taken up upon the last day, she did not accuse me of being there, or taking the things, only of recommending such lodgers to her.
Court. She has only said the constable could not take you up without the warrant.
Where do you live? - In Plough-Alley, Barbican.
Do you not keep a house for the reception of civil ladies? - No, Sir; I told them I did not desire to hurt them if I had my property. I said if you will let me have my property I will stir no farther in it.
Was you not bound over to appear against those persons by the magistrates? - Yes.
Was you not asked how you would get rid of that binding over, and you said, you would say you were ill in bed? - I did not say so to any body.
Did you or not, upon your oath, say so before this prosecution was commenced? - Before this happened I did to Mrs. Batster, and my husband said, Mrs. Batster you may be drawn into an error, and desired she would tell where the things was.
When you were asked how you would git rid of the obligation, did you not say you would swear, that you were sick in bed at that time? - No, Sir; I said to Mrs. Batster before ever it was prosecuted, I would let every thing alone if you will confess where my property is. I said to Mary Batster , I will not hurt the hair of your head, or nobody else, can I but get my property back again, I said I knew nothing about being bound over, that was before I was bound over I said so to her.
Court. Did you say at any time you would take a false oath, and swear you were sick in bed? - No, Sir.
Counsel for the Prisoners. Your lordship sees she knows what binding over is? - It was before I was bound over.
Then you understand the nature of being bound over? - I have enquired into it.
What did you say to Mary Batster ? - I said if you will let me have my property, there is nobody else taken up, you turn evidence, and let me have my property, I will not go farther with it, I will not hurt a hair of your head.
Did you say any thing more to her? - No.
Did you tell her when you came to give a reason for your not appearing, you would say, that you were sick in bed? - No.
You would not let a gentleman have a bed and a bottle of wine? - No.
Don't you keep a bad house? - I never did;
Had you not been drinking a great deal that day? - Yes a great deal of water and small beer, but I reached it up.
You did not get intoxicated? - No.
You say, you were so exceedingly confused, you don't know how you got loose? - I cannot tell, it was my own hands.
If you were out of your senses how could you tell? - I was not out of my senses, I was terrified and frightened when the prisoners at the bar took all my property away, and weak as I was I was scarce able to contain myself.
You could distinguish the voice that let the old woman in? - Yes; I could indeed.
Had you and the prisoner Rawlins some conversation about that old petticoat that you lent her? - None at all.
Did not she owe you some rent, and did not you desire her to suffer her petticoat to be pawned to pay you? - No; I did not, she asked me to go and pawn her petticoat for her, I did at the bottom of Golden-lane.
Did not you let her an old petticoat, upon your oath? - No.
Robert Vines . I am a recruiting serjeant, I was at Birmingham when this happened, on the Sunday after I came to town Mrs. Batster was apprehended, they searched but not properly, I believe they were Denmore, Catchpole, and Seasons, I was not present when the others were taken, I was present when they found the petticoat upon Rawlins. Mrs. Batster desired, last Thursday was three weeks, to be admitted an evidence, she asked me if she could be admitted an evidence; a considerable time after Batster was taken I had been down to Birmingham and up again, in that interim of time, it might be three weeks after she was taken up, I told her I would do all I could in my power to save her, but not to send me upon a foolish errand before an alderman of the city of London, without she could bring good grounds for being an evidence. I went to her next day, in Wood-street Compter, and found she was in the same story, and she desired me to go and make application, which I did upon the examination day, she called me again, and said, do you know your wife's clothes,
I said I do not, if they were my own I should know them, she said do you go to the Poultry Compter, and you will find her petticoat. She was examined when the the officer came, and my wife found her petticoat upon Rawlins's back, according to the directions of Mrs. Batster; out of decency I went into another room; the officer has the petticoat here; I desired my wife to pull off one of her three petticoats she had on, that the officer might have the petticoat to keep.
Do you know whether the constables assigned any reason for not taking one of the prisoners up before? - I was not in town.
To Mrs. Vines. What reason did the officers give upon the fast day for not taking Batster into custody? - They said they did not belong to the city, and they could not, I knew no better.
What is your name? - My name is Sarah Nibley ; I lodged at Mrs. Vines's; Perkins and Rawlins lodged there too, I came home about ten o'clock in the evening, before the fast day, Mr. Perkins let me in, he was along while opening the door, I might stay four or five minutes at the door, I knocked three times, he opened the door, and I asked where my landlady was, he said she was gone out ever since five o'clock with a gentleman, I asked for a candle, there was a candle on the stairs, they gave me a light, he went to his room, I to mine, I heard a great talking till almost one o'clock, and could get no rest for it, then I heard no more, and I fell asleep, about three the watchman came, Mrs. Vines cried out murder, she came up stairs to me, told me she was robbed, and that they had taken her watch from her, I know nothing more.
After you got up stairs, did you hear any noise below stairs? - None at all; nobody up nor down.
Did not you hear a noise as if people were making merry? - Yes; in their own apartment, in the one pair of stairs, where they lived.
Mrs. Vines did not call out for assistance before three? - No.
You came in at ten? - Yes; almost ten, the watchman called ten, it might be half an hour after when I came home, she did not call out to me, I heard nothing of her till three.
Did she give any reason why she did not call out? - She told me they had fastened her down, I think.
Did she at any time give you any reason for not apprizing you of her being robbed before you saw her, for not calling out? - Because she said she durst not.
To Mr. Vines. You were present when it was found upon her? - I was.
How soon after was it produced at Guildhall? - On the Monday following.
In whose possession was it during that time? - That other constable.
To Mrs. Vines. You were likewise present when the petticoat was found upon Rawlins? - Yes.
Now did you examine that petticoat at the time? - I did; I knew it by the inside and outside, and what I quilted it with, it was an old petticoat I covered with some new stuff, some of this thrum I had a present made to me; I did it black, I quilted it with my own hand, and from that work I knew it.
There is the two Weekleys to be called, to prove my lord I was at home at the time.
They were called but did not appear.
I was not there that night.
Did you see either of the women? - No; I heard womens voices in the room, who they were I cannot tell, I did not know their voices, I heard womens voices with Perkins's in the room.
To Mrs. Vines. When you found the petticoat upon Mary Rawlins , did she at that time say that she had given it to her or lent it to her, that she might pawn another of her own? - No; she said she would bring a person upon oath to prove it was her own petticoat.
Did you say, damn you, you bitch, pawn your petticoat and pay the rent you owe? - No.
They were called but did not appear.
Court. How long have you known her? - I am a lodger in the house with her these two years we have been lodgers in the house together; as to the character I really cannot say much to it at all, but the night before the fast day I remember she was at home, and eat her supper at home; I really cannot answer the day of the month, I came up about eight at night with a child in my arms, Mary Batster called me in and told me she was not very well; I lodge in the same house that she lives in, she came in about eight o'clock as near as I can remember; I had been down stairs talking with my little baby in my arms, I went up stairs, Mary Batster called me in to her room, she told me she was not very well, but she believed it was with only having a little tea all day, and she said she would send for a pound of steaks for her supper, she called her child and bid her go for a pound of mutton chops, and a pound of potatoes; as I was coming out again she said she would hold the child while I made the bed, I said to-morrow is fast day I must get my errands in immediately, she did not take the child, I said it wanted to be fed, it had been a good while without victuals, I went down, I did not see any more of her that night.
That was about eight o'clock? - That was about eight o'clock when I first came up.
Where does she live? - At No. 63, Aldersgate-street.
You don't remember seeing her again that night? - No; not to the best of my knowledge.
Mary Rawlins . Have you any witnesses in court to call this woman's veracity in question? - Yes; one that can prove Mrs. Vines said, she would not take Mrs. Balster up for fear her husband would beat her.
Thorne and Hodges called again, did not appear.
Jury to Mrs. Vines. When you heard the old woman's voice, and heard her let in, why did not you cry out? - I was afraid; the reason was they threatened to kill me before; they threatened to cut my head off, here is the knife that was in the room.
Prisoner Perkins. This Mrs. Batster was not there, she is innocent of the affair, she is innocent of the affair.
GEO. PERKINS, GUILTY . Death .
Tried by the London Jury before Mr. RECORDER.
250, 251. THOMAS PLUMBE was indicted with - MOREING , (not with any christian name) for stealing, on the 27th of March last, one half firkin, containing twenty-eight pounds weight of butter, value 16 s. two cheeses of fifteen pounds weight, value 7 s. the goods of Catherine Rouse , widow .
- Moreing was called upon to hold up his hand and plead to the indictment, he held up his hand by a sign made to him by a person in court, but said nothing; when the question was asked, are you guilty or not? he shook his head.
Court. Gentlemen of the Jury, this person not making any answer, nor putting in any plea in answer to the charge, it is proper for you to enquire, whether he ist really unable to plead from the visitation of God, or whether he is obstinately silent; we will enquire of the persons whose custody he has been in, in that you may be enabled to form some judgment of it, and you must be sworn to try that fact.
The Jury were then sworn to try the fact, (the purport of the oath was as follows) You shall well and truly try, and a due inquiry make, whether - Moreing stands mute from obstinacy, or by the visitation of God.
Court. Has that prisoner that goes by the name of Moreing been in custody at Clerkenwell? - Yes.
How long was he in that goal? - I cannot say; I have known him these three years before he was committed, he has a brother and a sister, and neither of them can speak or hear; I am a servant to the keeper of Clerkenwell, I have seen him backwards and forwards, his father and mother are not living.
What parish do these people belong to? - They have lived some time in St. Ann's, Soho.
You have known the man these three years? - Thereabouts, here is a person knows him better than I:
Do you know whether he is deaf or dumb? - Yes; I have never heard him speak any farther than making a noise, I really believe him to be deaf and dumb.
Court. Gentlemen of the Jury, this evidence appears to be sufficient to satisfy us, we have no reason to suspect the contrary, but that this man is really deaf and dumb, you will judge of it and find your verdict, whether he is deaf and dumb by the visitation of God, or stands mute wilfully and out of obstinacy.
Jury. We find him deaf and dumb by the visitation of God.
Court. Let him be taken from the bar, we will not try him; I shall represent his case, and he will be properly disposed of by his Majesty.
I lost my two Glocester cheeses and half a tub of butter on the 27th of March, about eight at night, I keep a chandler's
William Green. I saw the dumb man go into a shop, as I was going past her shop, at the corner of Red-lion yard, Holborn , it was at Mr. Swan's shop; I saw him join two others, and they went and beset Mrs. Rouse's shop, I was about ten yards from the door, they all went into the shop, the prisoner at the bar brought out two cheeses, the other man brought out a firkin of butter, not the dumb man, he was standing by the door and took the butter from him; I catched hold of the young man Plumbe, he threw the cheeses down, I saw the dumb man take the butter from the other, I had the boy secured, and went after the dumb man who made some resistance, they were both taken and committed.
William Gore deposed, upon the cry of stop thief, seeing the dumb man run, he ran after him and catched him, and he was hand-cuffed, the cheese and butter were took to the Lamb in Conduit-street; they were taken before the magistrate, they were the same as was taken from the men.
Mrs. Rouse deposed, the butter and cheese produced to the magistrate were her property.
To Green. The lad was never out of the shop till I took hold of him.
I was coming along with the dumb man and another man, who said he would give me sixpence, to carry the cheese and butter for him to Gray's-inn-lane, to the Kentish-town stage.
Tried by the First Middlesex Jury, before Mr. RECORDER.
William Keene deposed, as he was going through Stationer's Alley on Sunday morning, about one o'clock, he had just left work and was going home; the prisoner at the bar, and two other women stopped him, they wanted him to give them money, he would not, they laid hold of him and pulled him towards a public-house; he perceived something at his breeches pocket, put his hand down to it, and found it almost turned inside out, at that time the prisoner pulled her hand away from it, he is certain it was the prisoner; that he catched hold of her and called the watchman, then the other two women ran a little distance from him, he charged the watch with the prisoner, he lost four shillings out of his pocket, and two shillings and sixpence were left behind.
He had been at work till near one, he is a printer and works at a news-paper ; he had four shillings and two sixpences in that pocket, there is a small piece out of the middle, on the woman's side of one of the shillings that were found; after a great deal of abuse, she pulled out of her pocket sixpence and some halfpence, a shilling dropped from her at that time, the constable saw more money between her handkerchief and stays, and he took out two or three shillings, and asked him to describe it, he told him he had taken particular notice of one of the shillings, he knew it again as soon as he gave it me.
Charles Moody confirmed Keene's evidence, and produced two shillings that he said were found by him upon the prisoner, that the prosecutor gave a description to him of one of the shillings before he let him see them.
From the prisoner. Whether she had not two shillings in her pocket of her own besides? - No.
(Keene looks at the shilling that had a deep hole in the center, that was produced in court).
I was going through Stationer's Alley,
For the Prisoner's Character.
Margaret Paterson lived in the city, in Half-moon Alley, a widow, deposed she had known the prisoners a great many years, never heard any harm of her character, that her husband went a way from her to sea, and left her to shift for herself and two children; she has good hands, can make a ruffled shirt in a day fit for any body.
I have known her a twelve month, and never heard a misdemeanor word from her mouth, I have never heard any thing bad of her character.
( Privately whipped and discharged.)
Tried before Mr. RECORDER by the London Jury.
253, 254. JEMIMA BRAYBROOK and ELIZABETH BEBURNEY were indicted for stealing, upon the 26th of March last, a silk gown, value 5 s. three cotton gowns, value 6 s. one chintz gown, value 5 s. a silk cloak, value 2 s. a cloth cloak, value 2 s. a silk hat, value 2 s. two cloth aprons, value 3 s. two silk handkerchiefs, value 2 s. a pair of stays, value 2 s. one pair of shoes, value 2 s. a metal watch, value 20 s. and another silver watch, value 20 s. and fifteen guineas in money, the goods and monies of John Hill , in his dwelling-house .
The prisoners were both servants with me, on the 26th of March last, about eight in the morning, we found the house not opened as usual, my wife in order to make enquiry after the girls to know why it was not opened, knocked for them, they did not come, she went down stairs, and came up again, and told me we were robbed, I got up, and found Elizabeth Beburney in bed, she said she knew nothing of it; she was in the kitchen, we slept over head; my wife asked her where Jemima was, she said she did not know, she supposed she was gone up stairs, her shoes, stockings, and stays were left below, the kitchen window was open when we came down, I went up stairs, the outside shutters were open, and the sash down, I went up and left my wife below, I went out to apprehend Braybrook, I found her at Tiptery Heath, at her mother's, on the Friday, and I had a peace officer with me, we found several articles in her mother's house; about her person we found a pair of shoes, a pair of stockings, and a handkerchief, and a shift of my wife's upon her, and I believe a pair of stays; I asked her where the remainder of the things were, she said they were up stairs, she would go and shew me, we found them, and we brought her and the things away to London.
When I went down in the morning the little girl got out to let me into the kitchen, there is a bolt about the middle of the door, which opens from the stairs into the kitchen, she jumped out of bed and let me in, said I, how could you sleep so long and not open my house before, Lord, madam, says she, Jemima, is not here, says I where can she be, says she I don't know, here is her stays, stockings and shoes; here I thought she must have gone up stairs; says she, lord, ma'am, I never was so frightened in my life; I found the shutters opened, and the sash raised up, so I suspected she was gone, I looked about, and I missed my watch which hung by their bed side, I looked about the kitchen, and missed four gowns, and several other things that lay in a great basket ready for the washing; I went for Mr. Hill, and told him I was robbed, he spoke to the little
I told her we would not do any thing to her, if she would tell the truth, if I got my things it was all I wished for.
Have you seen the things found in the indictment?
- FARREN sworn.
I went down with Mr. Hill and found the things at the place, and I found the etwee in her pocket, the stays upon her, and other things up stairs in a box.
(Mrs. Hill is desired to speak to the things in the bundle.)
This bed gown I know, I had it on the very day before, this bed-gown she had on her is mine, I cut it out, and made myself another gown she said was her's; said she bought two gowns at an auction, she knew they were her's, this old cloak I know to be mine, these shoes too.
Mr. Hill. She acknowledged having taken one watch, that the mother was gone out to sell it; it was a woman's watch, with a shagreen case; no promises were made her to confess; 15 guineas were gone.
Mrs. Hill deposed she could not be certain they took the fifteen guineas, as her keys were left in her drawers; the stays, and all the things together are worth 5 l.
Mr. Hill. I cannot tell the value of the watch; the watch must be worth a guinea, it had a gold dial plate on it.
Mr. Hill. Here were three of these rings on, they have taken them off, and put a seal and key on, to make it appear like a man's watch.
All I have to say is, I did not live there as a servant at first; they keep a house of ill fame, I went in the house and catched the small-pox, and was in the hospital ten weeks, my mistress desired me to go into men's company; I did; I did not receive any wages; I have no witnesses; I have no friends in London.
To be confined to hard labour for twelve months, in the House of Correction .
ELIZ. BEBURNEY. ACQUITTED .
Tried by the First Middlesex Jury before Mr. RECORDER.
I missed the brandy out of a barge on the river, by my house, at Narrow-street, Limehouse , I am a distiller , about five or six gallons; about five weeks ago two casks had been spoiled, they drawed it out of two puncheons, I have seen the spirit taken from these men, I am sure they are export spirits.
I am an officer, on the 26th of February I was going my rounds in the morning, between twelve and two, coming up Narrow-street, I met Ann M'Cullay, asked what she was doing there, she informed me of what the men were doing where Joseph Smart and John Frith lived, I found them in a barge, I by the light of the moon saw them hand two jars into a boat, they came on shore in it, at the wharf, I stepped into the boat, and secured the jarrs and the prisoners; I found on Smart, a gimblet, and a saw I found in the boat; the jarrs contained five gallons and a half of spirits; after securing the prisoners, I went and informed Mr. Collinson; I went then on board the barge and found a small leekage at a puncheon, the next morning we went and found almost a puncheon wanting in quantity; one is spoiled.
From the Prisoner. How far was the craft off? - Very near; they were never out of my sight till I secured them.
John Kitchen . On the 26th of February, between twelve and two, Ungly and I went, about one or a little after, to the back of Collinson's, and saw the two prisoners in a craft, handing out the jars out of it to a boat, we took them, the jars were put under my care, they are the same jars we saw in the boat.
On Sunday night he lost his boat, when he found it the jars were in it (he did not know how they came there) and some beans, and that the other prisoner was with him, and helped to carry the beans home at twice.
He was with Smart when he found his boat, that he helped to carry the beans home, that they meant to make enquiry whose property the jars were and the beans, when the officer came and took them up.
Job Caley, his late master, gave Smart a very good character, said he lived four years with him, and he behaved very honestly, he had trusted him a hundred times with money, and would now.
Both GUILTY .
To be privately whipped and discharged.
Tried by the First Middlesex Jury, before Mr. RECORDER.
Samuel Hibbert . I live at North Mims , I am a farmer , I missed the mare the 18th of March, in the morning, out of my stable, it was not locked the over night, I missed what some farmers call, a collar halter, some a bit halter, I call it a bridle; on Good Friday I saw the mare again at the Office, in the custody of John Blinkworth , she has foled with me, she is almost seven years old, I knew her perfectly well; the prisoner was a hired servant to me at Michaelmas last, and the day month before my mare was taken away, he absented himself from my service.
John Blinkworth . I am a dustman and nightman, this man came into my yard on the Thursday, a month to-morrow I believe, and asked how we sold ashes, I told him all prices; he said, my master has a mare he is going to part with, he told me his master's name was John Wright , of Hendon, and his name was James Roffe , I told him I did not want one, he said, you had better have a look at her, I will bring her in the morning, he did not come; about a month after he brought it, he asked me 6 l. 6 s. or 7 l. I told him I did not want one, it will not suit me; he asked me the most I would give for it, I said a guine'a and a half, and a guinea's worth of ashes, he said, no, and stood there some some time, and agreed I should have it, I gave him a guinea and a half, and said he should have a guinea's worth of ashes, he said he should call for them, he never came, I advertised it, and the gentleman Mr. Hibbert came and claimed her.
I did not take the mare, I went down to a neighbour, and there were two men, that lived in the neighbourhood, said their master was low in the world, and they had been and done a little hedging for him, and the master had conveyed the mare to them, and they would give me some part of the property, in case I would convey it away for them, as I had nothing to do, Sir.
Court. You disposed of it for the two men?
Court. What were their names.
Court. Where do they live?
Prisoner. Just by, at the bottom of Mr. Hibbert's grounds, they told me the man was low in the world, and had not sufficient to pay them for hedging.
To Mr. Hibbert. You had not disposed of your mare to any body - No.
GUILTY . ( Death .)
JOHN BURCH , and JAMES COLLIER , were indicted for stealing upon the 28th of March last, one gelding, of the value of 10 l. the goods of John Hanbury and Thomas Smith .
William Powel sworn. We were up in Goswel street, the corner of Charter-house wall , at the hat and feathers, about nine o'clock at night, the 28th of March, we were in the house about fifteen minutes, as we came out the horse was took from the dray, I am servant to Mr. John Hanbury and Mr. Thomas Smith , there were two horses in the dray, and the fore horse was taken away; when we missed the horse, we went to the Green-yard, we could hear no intelligence that night, about two o'clock on the morrow we heard two men were taken up that were with him. I did not see him again till I was at the justice's, I don't know where it was found.
Did you know either of them? It was one at the bar, I cannot say which, I took a short person with the horse, there were five in company, I took this next me with the horse, he came and knocked at the door, and my wife asked what he wanted, he said he had a horse to sell, she came in and waked me, I was asleep, I went out, and I said the horse was found, they asked me 35 s. for it, I thought it was a stolen one, as it was worth 10 l. Mr. Denmore sent his son to me; we apply'd to some watchmen, they said they could not assist me, we followed them to Dyot-street, St. Giles's, kept them in sight all the way, young Denmore was with me; they untied the horse from the tail of the cart which they had with them, with two horses.
I stopp'd them, and took the man and went to the watch-house and gave charge of him, this one towards me (Birch) had hold of the horse when I took it out of his hand; the other prisoner was not took at that time, I cannot say positively, as to this other man; another man was taken besides Burch, he was admitted an evidence I cannot say, whether Collier was there or not; I don't know Collier by sight.
I am sure of Birch being the person they took the horse from.
William Collins . I am a watchman, facing Lord Mansfield's, I heard a noise by the blue boar; I went up, they told me to take hold of this man; there was some harness in the cart, that was standing at the watch-house door; I looked into the cart and I saw it there, some person said it belonged to the horse, I know nothing respecting Collier, this harness I now produce is part.
James Field . The 28th of last month I met with Mr. Burn, a servant under my master, I went with him to Goswel-street, with a cart that belongs to Mr. Preston, we set our cart at the place called the gulley-hole at Mr. Ratcliff's, we stopped at the bell ale-house a little below; we left our cart while Burn went in for money, while we were in the house they took the cart and horses away, Collier and Birch came out together, after we had weighed our rags, the prisoners joined us at the ale-house, we went out all together, Burn said let one go one way, the other the other, to see if we can find our cart and horses that are lost, accordingly Mr. Burn went off, I know the prisoner very well, I have drank with them, Burn knew them as well as I did; we went to look for the cart and horses, they crossed the street, to the hat opposite Charter-house-wall, there stood this dray, the fore horse was on one side and hooked upon one side, Collier went
He turned another way from us, as soon as he came out of the house Collier unloosed the fore horse of that dray, got upon him and rode him to Clerkenwell-Green, I might be nine or ten yards from the dray when he took the horse off, at Clerkenwell-Green, when I came there Collier got off and told Birch to get on, he did and rode down Turnmill-street, they came back again and found our cart, and they tied on the horse to the tail of the cart.
Did not you go and offer this horse for sale? - No, they stopped much about the pitch of the hill, on Clerkenwell-Green, I don't know that they went to any house there, Collier got off there and Birch got on, they went down Turnmill-street, they stopped on coming back, when they found our two horses and the cart, they tied this horse to the tail; and they drove it to Mr. Paris's house, what they said I don't know; his house is in Ray-street, Clerkenwell, they might stay there three or four minutes, it was only Birch and Collier, when they had left Paris, they tied the horse on and drove the cart to Bloomsbury, Burn came to us, I said they would get themselves into trouble and advised them to untie it, they did, Paris and some more men came up, and Collier ran away.
You saw them take this horse and tye it to the cart and carry it to Paris, what did you think they meant to do with him? - I cannot tell, no good I thought, I don't know whether they took him to sell or no, I was afraid to stop them when they took it; I had not the sense or wit to tell any body about it. I only watch'd them, I advised them to take it to an Inn and the right owner might have it the next morning, I walked after them, Collier was at Clerkenwell-green sometime before I got to them.
Those two men were with them? - Two at the door and two at a distance, and a little farther off; I asked the price, they asked 35 s. I said I don't like it, and I will not have it at all, he halloed to one of the others to know what he would take, there were two at the door and two more appeared to be in company, I did not think I was safe in stopping them.
They appeared to be all of the same company? - I understood so.
About five or six minutes before we stopped the cart, for me to take the horse away, they all four stopped, I went to the watchman who denied lending us a hand, after I looked round the horse, I did not like him, and I went in again, I was not out two minutes, I then determined to follow them, and went out again directly. They were never out of my sight, I first saw the four together in Ray-street, about a hundred yards from my house, they went all together, the four men went all together up the hill with the cart.
(Denmore called again.)
Where did you stop them? - I ran as far as Theobald's Row, when I saw them together sometime, when we got up beyond Bloomsbury I told Paris to stop them, he said he would not till they got home; I crossed over, and then there were four or five talking together.
When did you first see more than three men? - I did not see three men till I came to Bloomsbury; I only saw two when I saw Mr. Paris first, I believe there was one walked behind Paris, when they came opposite Bloomsbury they cast up and they all met together, and stood talking, and I went to the watchman, and I said the horse was stole, for they came to offer it to sale, the watchman said they did not affront him and he would have nothing to do with it.
To Paris. Was it before or after Dinmore joined you, you saw four men together with the cart? - Before.
Mr. Paris. I am certain it is the same horse, I was at the justice's when Mr. Hensty saw it; it is the same horse I stopped.
Mr. Hensty. It belonged to Mr. Hanbury and Smith, I had known him for four or five years, he is called the brown horse, he has no particular marks, he was brown all over, I know him exceedingly well.
I know nothing at all about it, I am as innocent as a child unborn.
I know nothing at all about it.
(Burch called two witnesses.)
I am a poor woman, but a house-keeper, he is my lodger, I never saw any thing but honesty by him, I have known him these eight or nine years, he has a cart and horse of his own, he goes a dusting, he is a dustman.
Thomas Miles . I am husband of the last witness, I am landlord of the house where he lodged, I have known him eight or nine years, I never heard any thing against him, he always behaved very honest, and kept very good hours at our house.
BURCH GUILTY Death .
COLLIER ACQUITTED .
I live in Catherine-street , near the tower, I did not see him take it, but my maid did, he came to my house the 18th of March, about seven or eight o'clock in the evening, he drank three pints of beer in the tap room, the tankard stood in the bar, he took it with his left hand.
Was it within reach of any body that passed by the bar? - There was nobody there but himself, the tankard stood within reach of any person by the bar, the prisoner was there an hour or more, he was going away about eight, and my maid stopped him, and charged him with stealing the tankard, he said you are a base women, we searched him, could find nothing upon him, but found the tankard under him, under the bench where he was sitting; he wanted to go away, he got up, we stopt him, he had moved from the bench towards the door, three or four feet from the bench, he was stopped.
Where was he searched? - Close by the fire, three or feet from the bench.
He had left the tankard under the bench? - Yes.
What had he drank his beer out of? - A pewter pint; no part of his beer was given him in the tankard. There was a doctor in the room, he sat close to the prisoner, near the bar, the bench is within reach of the bar. I sent for a constable, the prisoner went down upon his knees, and begged for God's sake we would not prosecute him.
This man came in and asked for a pint of beer, he sat in the first box when he came in, then he called for a second pint and moved to another box next to the bar, he changed 6 d. and paid for those two pints, he refused two half-pence, my master changed them, he called for another pint, and set then with his back to the bar, it was close joining to the bar, the sash of the bar window was up; I saw him put his left hand into the bar and take it out, I sat facing him; he put it under his coat on his left side, and was going to put it in his pocket, he observed I saw him, and he took it from his side and he put it between his knees, he held it there some considerable
Whereabouts did the tankard stand? - Upon the ledge of the bar, he reached it as he sat, he put under his coat upon his left side, I saw him take it from the bar, there was no beer in the tankard, nor had been drawn in for some hours, he was served with a pint of beer.
I went and had a pint or two of beer there, this tankard stood upon the table, and had some beer in it, I was in liquor, I did not know whether it was my pint or not, when I was going out of the house they stopped me.
Prisoner. I have no friend in the world, I came from Cheshire, I have been in town three years.
GUILTY Death .
Tried before Mr. RECORDER, by the First Middlesex Jury.
The Jury recommended him it mercy.
Last Saturday evening I lost three teaspoons out of a drawer in the parlour. I went between five and six on Sunday evening to look for the spoons, and I missed three; on the monday evening we heard of one being pledged in my wife's name for two shillings, the prisoner lodged in the one pair of stairs, I saw her in the house that day, we found one spoon on the Monday, at Mr. Cottrel's, a pawnbroker's.
The prisoner lodged with us, always behaved well before, has lived in the house eight years, I have kept it four years, and she has lived with me ever since.
Mr. Cottrell, a pawnbroker, produced a tea-spoon which the prisoner came and offered to pledge with him for two shillings and told me her name was Catherine Esther . On Monday evening Mrs. Esther came and enquired after some spoons, the prisoner came between nine and ten in the evening on the Saturday to pledge it. I am certain the prisoner is the person.
Mr. Esther deposed the spoon was his, it had his and wife's name upon it S. E. C. that he never found the other two, that the prisoner denied the fact, that Mr. Cottrel knew her directly, she absconded, and was found yesterday morning; there were six spoons in the drawer, and a guinea and an half were there in this case, some chairs stood against the drawers, and it was impossible to open the drawer wide enough to get her hands in far enough to take more than three.
Tried by the second Middlesex Jury, before Mr. RECORDER.
Fined 5 s. and discharged.
261, 262. ELEANOR M'CABE and ANN SHERLOCK , were indicted for assaulting Jane, the wife of John Hinty , upon the 5th of April , upon the highway, and taking from her person one cotton handkerchief, value eighteen pence, a check apron, value one shilling, a tick-in pocket, value two pence, two half crowns, value five shillings, and five shillings in money, the goods and money of the said John Hinty .
ACQUITTED, no prosecution .
263. DANIEL REYNOLDS , was indicted for stealing on the 24th, of January last, at the parish of St. Luke , one silver pint mug, value 3 l. and one bobbin of silk, value one shilling, the goods of Elizabeth Swinburn , widow in her dwelling house .
ACQUITTED, no prosecution .
Joseph Hatton sworn. I keep a sale shop, and deal in stockings , on the 3d of April I lost these stockings from off the counter, on the furthest end from the door, about seven in the evening I shut the shutters, went in, and left every thing safe in the shop, I went into the back room, there is a glass door joining to the shop, I had been in a few minutes, and heard the bolt of the outside hatch go, and I saw something move, I saw the glimmering of something by the candle, I went into the shop, and saw somebody run from the door very fast, and the prisoner was within side the shop, he stepped out between me and the other that had run away, I followed him and took him by the collar, a few yards from the door, and he said, damn his eyes there he goes, pointing to the other that had run away with the stockings, I called him by his name, I knew him well, and said I would not let him go; I kept this man, the other got off, there might be six or seven dozen in the place, and there were but two left, I lost above three dozen pair at least, it was but two minutes before I left it.
I cannot say I saw the other man have the stockings, but I am sure this man was in the shop, there was only one pair droped in the street that was found afterwards, eleven pair were tied together, the others lay loose upon the place not tied up.
John Stanton . I was going by at the same time with my work, and saw Mowett go into the shop, there was nobody else with him; there was only one person with him that stood at the door, I was six or eight yards from the door, I saw him go in and he brought a bundle of stockings out, he threw them into the other's apron, I am sure they were stockings, I saw the feet of the stockings hang out of the other man's apron, and the other ran off.
I saw the gentleman come out and catch hold of the prisoner, about three doors from his own, I am sure it was him.
As I was coming from my mother's I went down Field-lane, I was going to buy a shirt, I knocked at the counter, nobody came, I walked out of the shop, the gentleman came and took hold of my collar, says he, Mowett, you have taken my stockings, I wanted to buy a shirt, I had bought a pair of stockings of him before, he said, Mowett, you have stolen my stockings; I have lately come from sea, I have no witnesses.
GUILTY 39 s.
Tried by the Second Middlesex Jury, before Mr. RECORDER.
On Wednesday the 20th of March we had an information given us, and we went to a house in Bowling-pin alley, Carpmeal , M'Manus, Mr. Clark, and M'Murrant, one shutter window was open, the other not, we knocked at that which was open, we went down stairs and found nothing there, there was a necessary in the passage, no yard, it had a communication by a bolt, and sliding door, it is like a shutter, it was taken down; we went through immediately, went down into the front cellar of the next house, where the window shutters were shut up, there I saw a large stamping press, with two candles burning at the side, and a cutting out press with one candle burning, a quantity of halfpence lay stamped by the side of a large press, and a quantity of blanks which had not been struck, a great quantity of cecils, I saw Mr. Morris stand on the side of the large press without his coat, and his hands very black, I saw the woman in a bed-gown sitting in a chair in the front cellar, with her hands very black, I asked the woman where her cloaths were, she told me in the next house, she desired I would go with her there to shift her cloaths; Norton was standing near the little press, he had his coat on, his hands were very black, the other officer will produce the money.
There was very little doubt they had been at work, their hands were very black, there is a great deal of grease employed in the work.
From Morris. He tells you there were two candlesticks standing by the large press? - There were two candles burning, I did not say candlesticks.
Were my hands black and greasy as if I had been at work? - They were.
From Norton. Whether I had my coat on?
Court. He has sworn you had it on.
Mr. Carpmeal deposed he went to the house, and found the door and opened it, and saw the same persons, in the same situation as the former witness described, and added, (the press was produced in court) their hands were dirty, there were two presses, a large cutting out press, a die fixed, and a halfpenny between the dies, there was a bushel of halfpence and a bushel of blanks, here is the halfpenny I took from between the dies, two gentlemen marked it.
I keep a shop in Carey-street, I know the house in Bowling-pin alley, I went down, Jealous took me there, the three prisoners were there, the woman sitting near the small press, and the men standing by the great press, their hands were all dirty, I marked one of the halfpence.
From Prisoner Morris. Did I look like a person that had been at work? - Your hands were dirty, and your wife's were dirty.
To Jealous. Is this woman the wife of one of the prisoners? - She passes as such.
Mr. NICHOLLS sworn.
I am one of the moniers at the mint, those halfpence are counterfeits.
I was there, and I acknowledge it, but my wife brought me down a pint of beer, and she had not been five minutes in the cellar, as to this gentleman he had not been an hour in the house.
How do you prove she is your wife? - I have a certificate.
Have you any witness to prove it? - I have a person to prove it who was at the wedding dinner.
I know Mr. and Mrs. Morris, the prisoners, I was present on the day they were married, I dined with them, I did not see them married, it was the 20th of March 1775, I lodged in the same house with them at the time.
What business was you? - I was in the grocery and oil business.
Where did you live? - I lived in Duke-street, St. James's.
Have they lived together as man and wife? - They have lived together as man and wife, to the best of my knowledge.
Court. Produce your certificate. (To the Prisoner.)
(The certificate produced.)
Court to Powell. Where did you dine? - (After some hesitation) It was Warner-street.
Where is that?
(Feeling in his pocket for a paper, and taking out one which he looked at.)
Court. You must not look at any paper.
Where is Warner-street? - Near St. Mary's.
Where? - Sheffield.
Court. Look this way, (Turning his head to the Prisoners) now mind, answer this question, Where did you dine that day? - At Mrs. Nicholls's, in Warner-street.
What is Mrs. Nicholls? - She kept a lodging house, we all lodged there.
Where is Warner-street, what part of the town is it in? - It is not in this town.
What town is it in then? - In Nottingham, near St. Mary's, it is not in this town.
Cross-Examination by Mr. Sylvester.
How came you to say Sheffield just now? - If I did I made a mistake, I did not mean to do it.
No, I suppose you did not, why friend, you may perhaps come here again, do you know that every word you say is taken down, Pray where does this Mrs. Nicholls live? - She lives in Warner-street, near St. Mary's, near the church.
Do not laugh, my friend.
I do not laugh, but upon my soul you confuse me, I never was before such gentlemen in my life.
Court. If you lived at Nottingham, how long was you there? - About three quarters of a year.
Court. How many churches are there at Nottingham? - About three.
Which church is this street near? - St. Mary's.
And what are the names of the other churches at Nottingham? - I never took any particular account of the names.
Upon your oath was you ever at Nottingham in your life? - Yes, sir, I have taken my oath on it.
You were? - Yes.
How long did you live there? - About three quarters of a year, in and out, not altogether at a time.
What, and cannot tell me the names of any places there, nor hardly know the name of the street where you lodged? - Yes; in Warner-street, I was asked to come to dinner there, they had a leg of mutton.
To Morris. Is this the original certificate of your marriage? - Yes, my lord, what I had from the parson.
Mr. Sylvester to Powell. Now I should like to look at that paper you was going to look at just now.
Court. Take out that paper you was going to look at, to refresh your memory.
(Powell produces the paper.)
Court. (Looking at it). Who were the company at dinner at the wedding, besides you, the bride, and bridegroom? - I do not know any persons particular by name.
Whose writing is this paper? - It is not mine, my lord.
Whose is it? - It is not mine; the writing was given to me, sir.
Who gave it to you? - A gentleman in the opposite party gave it to me.
What Mr. Morris? - Yes.
What the prisoner gave you this paper? - Yes.
Morris gave you this? - Yes.
Prisoner Morris. He said he should forget the names, that is the reason.
Who were at the dinner besides you, the bride, and bridegroom? - There was a woman and a man besides that dined there, but who they were I cannot tell, we dined there.
The paper is this.
"St. Mary's Church, Nottingham, and
"Stocking-maker, the 20th of March,
"1775, which said street was near the
"church, and we had a leg and shoulder
"of mutton for dinner."
Mr. Sylvester. Your parson at Nottingham can't spell, I see he has left out the Saint, (looking at the certificate).
Court. You will find this no laughing matter, if they can make sufficient enquiry into this matter, upon your evidence, I shall commit you to take your trial for perjury.
Do not let this man go out of court officer look to him.
I had not been in the house an hour, I never transacted any business, I was drinking in Old-street that same day, I have a witness of it here, I was so unfortunate as to be found there, another innocent man might be found there as well as I.
Court. Have you any witnesses?
A person in court said he was with him about twelve o'clock, in Old-street.
Mrs. Trustam was called to Mrs. Morris's character, said she was a green grocer, and had known the prisoner, Mrs. Morris, a year and a half, or two years, and never heard any thing of her but that she was a very honest sober woman.
The prisoner Morris said I have six children.
The court then ordered the two papers produced by Morris and Powel to be marked.
All three GUILTY .
Tried by the London Jury, before Mr. RECORDER.
268. THOMAS BAKER HOPKINS was indicted, for assaulting John Gladman upon the King's highway, upon the 16th of January last, putting him in corporal fear and danger of his life, and taking from him two leathern portmanteaus, value 5 s. and thirty leather bags, value 10 s. the goods and chattels of our Lord the King .
John Gladman deposed, On the 15th of January he was employed to drive the Chester mail , from Lombard-street to Barnet, that he set off about a quarter past three in the morning, that was rather the 16th than the 15th, he was stopped between the fifth and sixth mile stone by three persons on foot; on going down that hill that rises to Finchley common , he perceived three men, that one came up and bid him stop, he said, hollo, mate, it is the mail, he said, that is what we are looking for, then the two others came up, he was knocked off the cart with their fists, and the man that first bade him stop, laid hold of him by the collar, and forced him along with him after the cart, that they carried him in this manner near a mile out of the road; they then opened the cart and took out the bags with the letters, that it was a short man that had hold of him, with a whitish coat, and a cutlass in his hand, and kept guard over him, that the two other men bade him kill him, but he said he would not, he would shed no blood, that the case was bad enough as it was; he was standing by the horses heads ten minutes, while they took all the bags out of the cart, and threw them on the ground upon the grass, that they left the Chester mail in the cart empty, then they came up to the cart, he thought they were going to kill him, and he said to the man that held him, he begged they would not kill him, the man said he would not, then he took a crape off his face, or a black handkerchief, and tied his hands behind him, then they put the cart over him and fastened it as well as they could, put the lock through the staple and put the iron bar across; he then heard them consulting what they should do, whether they should carry the bags to it, or bring it to the bags,
Upon his cross examination he deposed, the prisoner was the first man that attacked him, and afterwards guarded him, and made him follow the cart, that took off the crape off his face, and tied his hands behind him; he was asked whether he did not say at the trial of Smith, that Smith was the first man that stopped him, he said, no, he did not, but always said it was the short man, that he always believed, but would not swear positively to him, he only believed him to be the man; he was asked if he knew one Pritchard, a butcher, he said, yes.
White Newman deposed, that he was an oilman in Newgate-street, that on the 16th of January last, he took notice about eight o'clock in the morning, of a one horse chaise standing at his door from eight till eleven, that the horse seemed jaded and dirty, he said he made one of his men carry it to a stable under cover, till the owner should come for it; that he saw some bags in it, and he was satisfied the mail had been robbed, he found the following bags, Coventry, Towcester, Oakham, Loughborough, Woobourn, Wellingborough, and Melton Mowbray, that he sent to the Post-office, and Mr. Ardron came, to whom he delivered them; that a person came for the chaise, and it was delivered to him, it appeared they had been part of the Chester mail, and never had been opened, but had all the letters in them that had been packed up the night before.
Mr. Ardron deposed, the bags were delived to him by Mr. Newman, and appeared to him to have been part of the Chester mail, and never to have been opened, he says these bags were the same that were forwarded the night before from the Post-office, just in the condition they were in, he knows it, because the London letters were in it that were put there the night before, that the bags were whole and unopened when he had them from Mr. Newman.
Mr. Newman then said, the seals were on them and the talles.
John Chambers deposed, he lived in Peter's-lane, near St. John's-street, that he kept livery stables there, that he found his horse and chaise at Mr. Newman's, on the Wednesday afternoon, which had been let to the man who has been convicted before, one Smith, otherwise Flood, on the Tuesday.
James Toft deposed, it was the same horse and chaise that was let to Flood, who was tried last sessions, that was at Mr. Newman's, that he borrowed it on the Tuesday, and was to return with it on the Tuesday, between eight and nine, but he saw it no more till it was found at Mr. Newman's.
Francis Collins deposed, that Flood lodged at his house, No. 10, Long-lane, that upon the 15th of January, the prisoner, who had been scores of times with Flood at the lodgings, came there, that at ten at night he heard two men come down stairs, he was then in the kitchen, with the door half shut, that he heard the voice of the prisoner, as it appeared to him, that he had frequently seen him up and down with Flood, that he took it for granted it was him; they went out, the door was shut, and they did not appear any more that night, neither Flood nor the prisoner, that Flood came home the next morning about eleven o'clock, that half an hour after he saw the
John White deposed, that he knows the prisoner Baker, and likewise Smith, otherwise Flood, that he saw them together on Tuesday the 15th of January, that he saw Smith bring a horse and chaise to Mr. Scott's door, on the Tuesday evening before the mail was robbed, about four o'clock, that Baker lodged there, this was in Golden-lane, that he saw him get out of the chaise, and go up to Baker's lodgings, Baker was not at home, and Baker's wife came down with him, he went out again and fetched Baker, and that Baker staid in the chaise afterwards, whilst Smith went and fetched another man to take care of the horse and chaise, he brought another man, and they went out together, that Baker's wife held the whip while Smith went after Baker; the name of the third man was Campion, Smith and Baker were gone an hour, and then came back again to Baker's lodgings; after that, Baker got into the chaise, and Smith afterwards, and they drove up Golden-lane about twenty yards, and turned back, as they could not get by some carriages, they then drove up Ball-yard, and he saw no more of them; that he had seen the chaise that day at Mr. Chambers's in Peter's-lane.
On his Cross-Examination deposed, he was a watchmaker, and lived in the neighbourhood, he knew the chaise by a particular mark, that the back leathers belonging to the back spring, had a piece of packthread string tied round it to keep it fast.
Court to Mr. Chambers. Have you more chaise than one? - No, sir, I had not at that time.
Edmond Wade deposed, that he searched the prisoner when he was first taken, and brought to the public-house, and that he found a loaded horse pistol upon him, with twelve bits of lead, or slugs in it, and powder.
James Baron deposed, that he apprehended the prisoner, in consequence of the advertisement, for Baker, working with a Mr. Bishop, in Fan's-alley, in short curled hair, as he knew the prisoner well, but did not recollect his height.
Upon his Cross-Examination, he does not recollect the difference of description in two different news-papers; that he looked over the paper accidentally, that he knew the prisoner as well as he knew his own wife, that he did not look to the reward.
Anthony Parkin , Esq. Solicitor of the Post-office, deposed, he was present at the examination of the prisoner before the magistrate, on the 19th of February, when he was taken before justice Wilmot; that the prisoner was put amongst a great number of other people, and that Gladman found him out.
Upon his Cross-Examination was asked, whether the others had their hats off, and the prisoner his on, or he had his off and they had theirs on? - He said, no, he observed nothing like it; and whether he was not placed between two runners? he said, no, they were all standing promiscuously.
The prisoner said nothing in his defence, but desired leave to call witnesses.
The counsel for the prisoner said, he was instructed to call witnesses, to shew the prisoner was at home that night and the night previous to the robbery, that he was not at Smith's lodgings, but all that afternoon, and the next day, at another place. Called,
Mary Scott deposed, the prisoner lodged at her house, and was there on the 15th of January, about eight o'clock, on the Tuesday evening, she did not see him after, she does not know whether he was in the house all night, or not, that he might be at home and she not know it.
John James Brayfield deposed, he knew the prisoner, that he was in company with him on the 15th of January last, at his own lodgings in Golden-lane, that he went into his company between eight and nine in the evening, that he had complained of being ill; that he staid there till near eleven, that he went there accidentally, there was mutton and broth, and he partook of it, that there was a young woman there likewise, that they had two pints of beer, and near eleven he left them; that he had a hand vice in his hand during the time he was there, which he left behind him, that at eleven o'clock he was preparing to go to bed, he complained of being very ill, that he had unbottoned his waistcoat; that he went the next day for his vice, between seven and eight in the morning, he was then in bed, and he (the witness) did not stay above eight or ten minutes, on the 16th of January.
Upon Cross-Examination, he deposed, he saw him again about two days after, at his mother's, the corner of Bunhill-row, Old-street; in answer to a question, how he came to remember it was the 15th of January in particular, he said, because his grandmother was buried, and his sister was telling him the particulars of the burial.
Court. What is your sister? - She cohabits with him as his wife; that he generally went there of an evening, it was near St. Luke's church, and he was going that way, that the young woman's name was Betty Andrews he believes, who was in the room with them; that as he just came against the end of the next street in coming home, he heard the watchman cry the hour, that he left Betty Andrews and his sister behind, with Baker, at Mrs. Scott's, where he lived, that he went there about seven in the morning, when he went there again he believes it was day-break, that Mrs. Scott was opening her shop, he supposes his sister staid all night at Scott's, that they left that lodging a day or two after, and went to live at Hoxton.
Upon her Cross-Examination, she owned she cohabited with him, and had lived with him going on three years, that he was at home that night she very well recollects, all that night, that he went out about eleven the next day, that he never after came to Mrs. Scott's, that on the Wednesday night she quitted Mrs. Scott's, that she did not take leave of Mrs. Scott, as she had not sufficient money to pay her, as she owed her nine shillings for rent; that she went to Gladman's at his desire, she was informed by the last witness, that Gladman then said, he could not nor would not swear to the prisoner, as he did not know him to be the man; that she never made him any offer of twenty guineas, or any thing else, not to swear against the prisoner, that her brother and mother were with her all the time; her brother was acquainted with Pritchard the butcher, and by means of having some little knowledge of Pritchard, they went to his lodgings, which he said were his sister's, and that Elizabeth Andrews and her brother supped
Robert Lye deposed he knew the prisoner, that he saw him upon the 16th of January, upon the Wednesday, he remembers the day, from the circumstances of his own child being half baptized that day, that he came to his house and dined with him and his wife, that they had a goose for dinner, that he came home to dinner at one o'clock, went to work after dinner, came home between six and seven, and he was not gone.
Mrs. Lye deposed, she was the wife of Robert Lye , that the prisoner came there on the 16th of January, about eleven o'clock in the morning, that she had lain in about ten days, that he staid till eight at night; that he dined there, that her little boy was very ill, (which she held in her arms) and she had him half baptized; that they had a goose for dinner, he said he was not very well, and he spent the day there till eight o'clock at night; the nurse and her husband, and Martha Brayfield and the prisoner, were all the persons present, that her husband came in between six and seven, before the prisoner went away.
Thomas Sewel deposed, he was going along Old-street road, and met a friend, that they went into a public-house, called the Sir John Falsstaff , that a conversation came up about the prisoner being to be tried, and a person said, there is the lad, (meaning Gladman, who was present) that was robbed; it occasioned their speaking to him, and Gladman said, he should not swear against him, farther than he believed him to be the man, and he said, God forgive me if I do, I might take away this man's life, and farther told him to be happy, that he should only swear what he had already.
Gladman called again, said he never saw Sewel before, till he tapped him on the shoulder just before the trial came on, as he knows of.
Cross-Examination of Sewel.
What may you be? - I am a thread cutter, I cut ornaments for the cabinet makers, and a ticket porter at the water-side, I met him accidentally at the Falsstaff's-head, I was going for a bit of veneer, I saw the subpoena the boy had.
To Gladman. Do you remember a woman of the name of Brayfield? - Yes.
Did they come to you at any time, and when? - They came to me two or three times, to my brother's, I lodged then at my brother-in-law's house, and asked if I knew Baker, I said I knowed him I believe very well; she cried very much, and gave a shilling or eighteen pence to my brother's children, and sent for some beer, and she went down upon her knees and cried vastly, and hoped I would not swear against him, if I did, it would be the occasion of her ruin, and his two, and if I would not, she would get a friend to make twenty guineas over to me.
Did you ever send for her to come to your brother's house? - Never in my life; she came to my house several times, my brother-in-law heard the same words.
Was he present when this conversation happened? - Yes, sir, he is here.
Thomas Taunton , the brother-in-law to Gladman, confirmed him in his evidence, respecting the Brayfields coming there, said they came three times, and that his brother-in-law said, he would have no concern in saying any thing farther than what he had said before; that Martha Brayfield said, she could raise a friend that would give him twenty guineas, or such a matter as that, if he would not swear against the prisoner, and he said, I can say nothing but the truth, and the truth I will say.
GUILTY . ( Death .)
JOHN MUNDAY and ROBERT SIDAWAY , were indicted, for stealing on the 3d of December last, a large trunk, containing a large quantity of wearing apparel, and six hundred guineas, the property of Messrs. Harbin and Flight , in the dwelling-house of Thomas Smith .
Mr. Thomas Smith said, they were indicted upon the oath of one Hart, an accomplice, whose evidence was not admitted on the trial of Verrier and Harding, who were indicted with these prisoners and acquitted, last sessions.
Both ACQUITTED .
See Sessions Paper, No. III. Part IV. No. 197, Verrier and Harding tried.
The evidence of Hart being refused, he was ACQUITTED .
272, 273. ROBERT HUTTON and WILLIAM BAYLEY were indicted, for feloniously making an assault upon John Dent , in the King's highway, upon the 5th of April , inst. putting him in corporal fear and danger of his life, and taking from his person one linen handkerchief, value 1 s. one walking stick, value 2 d. a printed book, bound, 8vo. entitled Noah, attempted from the German of Mr. Bothmer, vol. I. value 1 s. a piece of gold coin called a guinea, value 21 s. another piece of gold coin called half a guinea, value 10 s. 6 d. and 12 s. 2 d. in money, the goods and monies of the said John Dent .
It struck eight as I came past the church clock at Kensington , last Friday night, I came in at Hyde-park gate, by the horse guards, and went on the foot path, at the bottom of the serpentine river, towards Lord Bathurst's, within two hundred yards of the foot of the serpentine river I was robbed, I met three, I passed all, I never had my eyes off the two prisoners; I passed them all above a yard, and then Bailey caught me by the collar, I had my handkerchief in my hand, he snatched it out of my hand, Bailey did, and he demanded my money, the other, Hutton, caught hold of me, and the other said, blind him, Hutton came and relieved Bailey, laid hold of me, and Bailey put his hand in my right breeches pocket, he took out one guinea, two half guineas, and all there was, two half crowns, six shillings, two six-pences, and some halfpence, I looked earnestly at them till he blinded me, one said blind him, I don't know which, Hutton put one of his hands to my eyes and held me by the other, I had two letters and some papers in my pocket, Bailey took them out, and put them in again; then he asked for my watch, they unbuttoned my breeches, and examined my pockets, I had none, there was a book taken out of my pocket, I don't know by which, he asked me if my buckles were silver, I had my stick in my hand, they took hold of that, and said, you may go, I don't know whether they said good night, or not; then they went up the road to Kensington gardens, the direct road to Kensington, I buttoned up my breeches and went along; I went by a foot ladder that goes over to Knightsbridge, I made to that, and there was none, I got my fingers upon the wall, and got up, I saw two gentlemens servants, and told them I was robbed,
It was a very trifling time after the robbery when I got to the watchman, I saw one of them coming through the posts soon after, and I said this is one of them.
Which of the prisoners was it? - The one in the green coat, Hutton, he was just coming out of the gate, I said here is one of them, and the watchman took hold of him, Bailey was close behind him, and the other watchman said, there is the other, he run a few yards, about ten, the watchman after him, I jumped over the post at the time, and said, knock him down, I and one of the watchmen pursued him, he went a few yards; he stopped, the watchman took hold of him and I assisted; I had never seen either of these men before, I walked very fast, I suppose it was not ten minutes past eight, it was not moon-light, neither was it dark, I had perfect light enough to distinguish any person, likewise gold from silver, if I took it out; I suppose they might be with me a minute before they blinded my eyes, I never had my eye from the man with his hair lashing about his shoulders, they are in the same dress, I am as clear of them as can be; the other man never came near me, I never was so certain of any thing in my life as Hutton with his striped waistcoat, the watchman had hold of Bailey in the road when he dropped my stick, a few yards from where I took him; I did not see him drop it, the stick is in court, I said, the stick if it is mine has a notch in it, a yard from the end, it is a holly stick, I have had it several years, I am a cornet in the horse guards, I could have brought the man that made the notch in the stick; the stick was picked up by the watchman who has had it in his care ever since, we found the book and handkerchief, my handkerchief was white and purple border, marked J. D. after we got out of the gate we got a lanthorn from the quarter master of the light horse, it was just coming through the posts the handkerchief was found.
From the prisoner Hutton. I should be glad to know how he described us to the watchman before we came up?
Mr. Dent. I gave no description of them; it was within half a minute after I got to the gate they came up, I had not time, I was out of breath much, and could scarce speak, I suppose it is three quarters of a mile from the place, it was so light I could distinguish them very well.
How long were we out of his sight before we were taken up, as he said before the justice he had stopped two men before he stopped us, and let them go again? - The watchman stopped one man that I spoke of, and I said I believed it was not him.
Court. How long was it after the robbery before you got up to the gate? - I believe it was about nine o'clock when I got to the gate, I asked the watchman as we come along, to the best of my thinking it had struck nine.
How long time might be taken up before you got to the gate, and how long after you was robbed? - It was about twenty minutes past eight when I was stopped by them, and some little time after I got over the wall and ran pretty fast, the robbery might be about half an hour before I got up to the gate, they were taken about nine.
From Hutton. I should be glad to know how he knows my voice?
Mr. Dent. I have no knowledge of their voices, I saw them when they spoke to me, I have no recollection of their voices.
You did not know them before? - No.
From Bailey. When we were searched before he left us, whether we had any money or handkerchief?
Mr. Dent. There was none of my money found upon them, there was one remarkable thing, a Scotoh halfpenny, but that I will not swear to, there was a duplicate or two found upon them.
From Bailey. Ask him, how long he could suppose the prisoner that robbed him, was going from the place where he was
Mr. Dent. I was twenty minutes going from Kensington church, I walked prodigious fast.
Court. The people who robbed you, if they had walked quick, might they have got out of Kensington gate before you got to it? - They might.
There was time enough for them to have got out, if they walked as fast as you did? - Yes.
I am a gardener, I watch on nights, I was standing in the box, No. 2, just by the gate that goes into the Park, the patrole man was come down, just at the instant, that gentleman, Mr. Dent, came up, and said he had been robbed just at that instant, he said the men were coming out of the park just then, before I could get my piece ready, (I had fire arms) one man came out, the patrole man laid hold of him, and asked that gentleman, is this the man, he said, no, let him go; the man directly went off, and out steps another just after, and that was the shortest man, (Hutton) the patrole man laid hold of him, the other prisoner drew back, I could just see through the door, he was coming up between the post, I got by the patrole man and this gentleman, and after him, he was got ten yards, I told him I would make him stop; I could not see whether he run or walked, I got my piece half presented, he stopped, and asked me, what business I had with him, I laid hold of his collar, and told him, there was a man without that would swear a robbery against him, Mr. Dent immediately said, that is the man, he knew them both directly, he was much out of breath, I brought the man up to the light, through the posts, the light horseman helped me to guard Bailey, when I brought him out I was afraid he had arms, but he had a little stick in his hand when I brought him out, the light horseman picked it up.
I am a patrole, I was at the gate going from Hydepark to Kensington, when Mr. Dent came up to me, and said, watchman, I wish you would stop, I did, he said he was robbed; a man came to the gate, I laid hold of him, and asked him if that was the man, he said no, and I let him go then the others came up which he said were the men, one had a stick in his hand, the tall man in the brown coat, ( Bailey).
Prisoner Hutton. This man had a stick of his own taken from him by the prosecutor and watchman, it was returned to him again, he had a cane which the prosecutor cannot deny?
Mr. Dent. Yes; he had a cane or stick I believe.
When I came up the patrole had hold of these men, and a gentleman was mentioning what he had lost, and (repeated the things mentioned in the indictment) amongst the rest a stick he mentioned, I saw Bailey drop it.
I had hold of him by the collar, I said he has just now dropped a stick, the gentleman took it up, and said, this is my stick.
Did he describe any marks upon the stick? - Yes; he said there was a mark in it about a yard from the bottom, (the stick was then produced in court).
To Mr. Dent. Is that your stick? - Yes; this is the same stick, they cut the bark at the justice's.
Hollywell. I asked Mr. Dent to go back, as probably we might find the things lost, we got a candle and lanthorn, and the first thing we found was the book, close by where they were taken, and a few steps farther there lay the handkerchief, here is the book and handkerchief.
Mr. Dent deposed it was his, and marked I. D. said he had the stick almost three years, and that a light horseman wrote his name on the book at the justice's to know it again, the stick was cut to measure a hundred yards, as there had been a race in the Park, it was cut to measure a yard.
The Jury desired to look at the stick, and one of them measured it by a rule, and said it was a yard from the bottom to the notch.
I am innocent of what I am charged
I saw this young man in Westminster, he asked me to go to Kensington in the evening to meet him, I told him I would, I met him between seven and eight, we crossed over through Grosvenor gate, I met him at the bottom of the Serpentine river, just there we heard some people running in the grass, he said, never mind let us go on, it was above half after eight when we came to Kensington gate, it was very near nine, I was amazed when I was stopped; the man said here are the villains, the man came up and held his peice to me, and said, stop, or I will shoot you, I stopped, and we were both searched twice and nothing found upon us.
Mrs. Haines deposed she kept the George, in East-Harding street, that she knew Bailey perfectly well to be a very sober young man, that she had known him four months, that he used to work very well at his business, that he was a gold-worker.
Bailey said he expected other witnesses, but they were not come.
BAILEY, GUILTY . Death .
HUTTON, GUILTY . Death .
Tried by the Second Middlesex Jury, before Mr. RECORDER.
274. WILLIAM ARMITAGE was indicted for feloniously stealing on the 5th Day of March , one pair of black velveret breeches value 10 s. a pair of paste knee-buckles, value 20 s. several pair of silk stockings, a silver watch value 40 s. two cornelian seals set in silver value 4 s. a metal watch key, a pair of silver studs, a dollar, a half crown, and some linen, the goods of John Sharpley .
The prisoner stole from me on Tuesday the 5th of March, the foregoing articles in the indictment, privately stole them.
How do you know he stole them? - Mrs. Mason (who lodged in the house) desired him to go to Covent-Garden.
Was you present? - No, the prisoner was a porter in the St. Paul's coffee-house, I am a waiter at that coffee-house; the prisoner went under pretence of carrying a pair of breeches for Mr. Mason; he stole from my bed room the things mentioned in the indictment, they were in a box, I missed them about one o'clock on the 5th of March; I immediately went in pursuit of the prisoner, to a place in Whitechapel, where he lodged before; I thought he was gone longer than he should on a message, he had been out from ten till one, I did not find him then, he did not come back at all; on the Thursday following he was stopped at a pawnbroker's in Drury Lane, I was not present, I first saw the things at the office in Bow-street, by the men that took the prisoner, he and the things were both brought there, they have the things with them, I know them when produced.
I was sent for to Mr. Lane's, pawnbroker, in Drury-Lane, the prisoner was there, and I found in his possession a duplicate, which I have here, of a watch, and I found this case, which is the case of a pair of knee buckles if I understand right, the watch I understood was afterwards pledged in Oxford-street; these two seals and watch-string were in his pocket, I believe this was the 7th of March, I went to Mr. Crookshank's, a pawnbroker,
John Moore , pawnbroker, in Oxford-street: I have watch here which was pledged by the prisoner, the 5th of March, in the evening, he said his name was Armitage, but I misunderstood him, and set it down Armiter; I asked him no questions, he did not seem suspicious, he wanted a guinea and a half. - The watch handed up to the Recorder.
Court. How long have you had the watch? - About fifteen months, it had a silk and gold string, two silver seals, a gilt key, and there was a steel chain of mine, a double chain, with urns before the key and seal; this is the same chain and bed-hook, the same watch paper, and I believe it to be my watch; the other things I lost Moses Morant has them.
He produced some stockings and handkerchiefs, and a pair of breeches which he took of him, he had a bundle in his hand when I apprehended him at Lane's, these stockings were in it and the handkerchiefs, these stockings I took off his legs, and the breeches from off him.
Prisoner. I have nothing, my Lord, to say in my own defence, I was not prepared for my trial, my prosecutor told me my trial would not come on till Thursday or Friday; with regard to any friends to appear on my behalf I have none; respecting the things that are produced in court, I acknowledge them to have been taken away by me, I pray for the mercy of the court, I never was guilty of any thing before, but I am left now without my own brother, or any body to appear for me; I have lived in the first families in the kingdom, and I hoped they would appear for me, but I had no notice of my trial.
To be confined to hard labour for twelve months, in the House of Correction .
Tried by the London Jury, before Mr. RECORDER.
275. WILLIAM BUSBY was indicted for burglariously breaking and entering the dwelling-house of William Marsh , about eight in the night, on the 4th of March last, in the parish of St. Dunstan in the West , and stealing one pair of silk and worsted stockings, value 5 s. 6 d. the goods of the said William Marsh .
The prisoner broke my shop window open on the 4th of March, between seven and eight, I saw him, my wife said to me, the windows are cut again; I am constable, I saw the prisoner come with another man and shove a piece of the glass out of the window which had been cut before; I stood at the pitching block, just opposite the window in the street, he ran away, and returned in two or three minutes, and looked to see if any body was in the shop, he then whipped his right hand through the glass and drew out a pair of silk and worsted stockings, I then ran after him, and with my bludgeon knocked him down, then I saw him drop the stockings out of his hand, a gentleman picked them up and gave them me, I then took him into custody, I am sure he is the same man, and I saw him drop the stockings, my eyes were never off him, day-light was gone a great while, my shop is part of my dwelling-house, I keep the house.
Prisoner. I was coming from Cheapside and met a young man, we went to have a glass of pepper-mint, I asked what it was o'clock, so then I began to run, and this gentleman knocked me down, a gentleman picked up a pair of stockings, and gave them to the prosecutor, and so he accused me; I expected a witness here that is a gentleman, that was passing by, and will swear the window was broke a quarter of an hour before, but my friends did not find my name in the list to be tried to-day.
Jury. Did you find the piece of glass he pushed, in or out? - I found two or three bits.
We understand the window was broke, some part of it, before the prisoner broke it? - Yes, sir, but it was mended with putty, in the corner.
You did not see the stockings in his hand? - I saw them.
You should have had some other evidence besides yourself, there must be somebody in the shop, had you nobody in the shop? - Nobody at all.
Your sister was in the parlour? - Yes.
GUILTY . ( Death .)
Tried by the London Jury before Mr. RECORDER.
I lost two sheets and a blanket, having lost several things before I went to search for them, and found these at the Pawnbroker's, that was the 18th of March, it was at Mr. Howard's in Hounsditch, the prisoner continued in my house, she denied knowing any thing of them, and would not let us come in till the constable came; when we told her we had found them, she said she would fetch them out if we would have patience with her, and forgive her.
On the 11th of March I lost a bag of stockings, and then missed these things, she did not refuse to let me in, I missed a pair of sheets and a blanket.
I am a pawnbroker, I have two sheets and a blanket pawned by the prisoner for nineteen shillings, she pawned them the 26th of February, she had several times pawned things, and redeemed them, I asked her if they were her own property, she said yes, I asked her whether she lived in ready furnished lodgings, she said no, I am certain she was the person that pawned them, they have been in my possession ever since.
Mrs. Tiley proved the two sheets, one is marked, the other not, I gave them her to put on the bed, I am sure of it, I mangled this.
Prisoner. I acknowledge making use of the things, I had not left the apartment, I told her I would put them in the place, I am innocent of the other affair, I had a witness here, a gentleman who keeps his carriage was here to give me a character, but my name was not in the bill, it is all spite and nothing else.
Jury. Did this woman ever pawn any sheets and blankets before with you? - Yes.
And redeemed them? - Yes.
Court. If you think they were pledges with intent of redeeming them it does not amount to a felony.
Tried by the London Jury, before Mr. RECORDER.
GEORGE PARKER was indicted, for stealing on the 26th of March , one cheese, of the weight of twenty four pounds three quarters, value 6 s. the goods of John Nethercott .
I am servant to Mr. Nethercott, in the Borough, High-street, I know nothing of the prisoner; I was taking some cheese to deliver at a public-house, at Queenhithe , the 26th of March, in the afternoon, on a pair of boards on a horse, I had more things besides, six cheeses, whilst I was taking them off the topmost was taken away, I know not how, I afterwards found it in Mr. Randall's entry, which was about ten yards from the post.
I was coming down Queenhithe, I turned round the corner and saw this prisoner at the bar walk on before me and take the cheese off a post, but whether with intent to steal I know not, any body that passed might see it.
Court. Was there any thing before the cheese? - No, my lord.
I know nothing but what the man told me.
Prisoner. I have been twenty years on the spot, and have done a great deal of business for most cheesemongers from Richmond to Mottlake, I just took this cheese and put it down for the young man, thinking it belonged to Mr. Brukle, in Newgate-street, I never was charged of any thing in my life, I had no thought of taking the cheese away.
Tried by the London Jury before Mr. RECORDER.
I live at Uxbridge , keep the Three-tuns Inn there, on the 21st of February I missed a mug, about the hour of two, I saw it about half an hour before on a little dresser by the bar, in the kitchen, to which the bar joined, I searched and enquired for it, I asked the prisoner, who was servant to me, if she knew any thing of it, she said she went down in the cellar to draw some small beer for a neighbouring girl, and she saw the mug when she went down, and when she came up she missed it, I asked her if she knew the girl, she said yes, I bid her fetch her twice, I then went to my wife and waiter, and said I suspected the prisoner, and desired my wife and every body in the house to give attention which way she went, my wife had not patience, she said she would go up stairs, she went, and in her box she found the mug, I was not present.
The 21st of February, we lost a silver pint mug, we enquired for it, the prisoner said she went to draw some small beer for a girl, and it was gone when she came up, I searched the prisoner's box, and opened it with one of my keys, whether it was locked I cannot say, it opened directly, I put in my hand and felt the mug, I called the waiter; I was suddenly surprised, I having nobody with me I thought it might be wrong to open the box, I called up the young man and herself, and took it out, she said she put it there, she took it off the bar and put it there, she made an excuse, that she carried some beer or something up in it to drink.
I am the waiter, I saw the mug in the prisoner's box, and saw my mistress take it out, when she called me up the prisoner was by, she said little, she said nothing, only that she put it in her box, I did not see her go up stairs shortly before.
To Ansell. What is the value of this mug? - I believe it is about 50 s. or thereabouts. The mug produced.
GUILTY. Value 39 s.
To be privately whipped and imprisoned 12 months in the House of Correction .
279. ELIZABETH BUSH stands indicted for stealing on the 24th of March , one pair of linen sheets value 4 s. one linen table cloth value 14 d. one copper tea kettle value 3 s. one brass kettle stand value 6 d. one copper pottage pot value 2 s. the goods of William Cowdell .
I live in St. Giles's , the prisoner lodges in my house, such goods as these were in my room, but to swear they are my property I cannot, the room was fast for a fortnight, she owed me 5 s. I never could get into the room for a fortnight, her husband lived there then, she let me in last Saturday five weeks, her husband was out then; I missed the sheets off the bed, and when my woman came in she missed them, she went up to Mrs. Bush, I was present when the prisoner owned they were in pawn at one Mr. Gee's, a pawnbroker, I made her no promises, she told me immediately, she said she pawned them herself, she said she would get them out again. (A paper from the prisoner delivered to the Recorder.
Court. In answer to your first question, he says your husband took the apartment, and not you, so it is laid in the indictment.
Samuel Bush took a room of me for himself and wife at 2 s. 6 d. a week, the Saturday before Christmas, they kept it locked up for five weeks, my husband got into the room and I went up and I missed a pair of sheets, a copper pot, a copper tea-kettle, a brass candlestick, a table cloth; these things were in the room when I let it to Samuel Bush ; the prisoner said they were all pawned, that she was in want, and would send for somebody to take them out, and would release them if I would have patience; I made her no promise, she wanted none, she confessed it immediately.
I am a pawnbroker, the things were pawned with me at different times, the table cloth in January, the pot and cover in January, and the others in February; she had pawned the same things several times, except the pot and cover, and several other things, and had taken them out again.
Prisoner. It was through real necessity, I should have redeemed them but was taken sick.
Court to Cowdell. Was she sick at the time? - She was Sir.
280, 281. WILLIAM BREWSTER , and RICHARD DAVIS , stand indicted for feloniously making an assault on Mary the wife of Joshua Gray , in a certain field near the king's highway, on the 21st of February last, in the parish of St. George, and putting her in fear and danger of her life, and taking from her person and against her will, one linen pocket value 2 d. one plain gold ring value 2 s. one pair of iron shoe buckles, plated with silver, value 2 s. two lawn aprons value 6 s. and 6 s. in monies numbered, the goods of the said Joshua and Mary Gray .
The 21st of February between seven and eight in the evening, I was stopped in Stepney fields , coming from Mile-End Green to Welclose-Square, my husband was with me, and I had a young child in arms, we were conversing together very earnestly, we turned and saw three men coming after us, Davis came to my husband
Court. Which is Davis? - He with the red, I am very positive of him, and I am sure Brewster was there, I was sent for to the Rotation-office, I saw him, and picked him out from all the rest, I did not know he was a prisoner, it was Brewster that was there, Davis was taken about a fortnight ago, I knew him directly, none of the things I lost has been found.
Brewster. Would you please to look at this commitment, that the woman swore before the justice, she has said, my lord, a great many things more than were last swore at the justice's she did not say there were-any aprons lost.
Court. Where were the aprons, in your pocket? - No; in my hand.
I was coming home with my wife the evening that happened, I have brought the shirt I had on at the time to shew the blood I had; the 21st of February last my wife and me were coming home cross Stepney fields, between Mutton lane and the half way house, we were talking, I had a child in my arms asleep, we turned and saw three men behind us, Davis and his companions were about a rod a sunder, Davis said, damn you, come along, Davis soon overtook me, he came on my right hand side, clapt his left hand on my breast, his right hand with a cutlass to my face, he said, damn you stand, I then pleaded that we were only working people, had nothing for them, and besides, as I had a young child, I hoped they would not hurt me, he made no reply, only said, damn you, you dog, he struck me with a bright cutlass, about a foot and a half long, in several parts, particularly my face, to defend myself I held me child with one hand, and I held up my other hand, I received a cut, which is perfectly cured since, I fell in the ditch, and he struck me several times there, the other two at the same time were about my wife, he said, damn you, hold your bellowing, and ran to his two companions, and said, damn her, a bitch, run her through hearing this, I ran up and pleaded mercy, I heard him say, damn her, take her ring, and after take her buckles; they were greatly confused, being moon-light and near a house, they threw her down, took her shoes and buckles, then he came to me and struck me again, my wife had some gauzes with her, they snatched her cloak, I had a watch and some silver, but they made off and left her on the ground; she was so far supported, she got up and came to me, the child's eyes and mouth were all covered with blood; I had a wound on my cheek that my finger would almost go in, another in my forehead, by the cutlass.
(The cloak produced which the child had on, and the witnesses shirt all bloody).
Court. Do you know the persons of either of the prisoners with certainty? - Yes, my lord, Davis was the man that came up to me first, it was moon-light, and I am not insensible of the consequence of what I am speaking, if I was not certain I would not swear it, I am positively certain.
Do you know any thing of the other? - I went to the Rotation-office, the prisoner Brewster was sitting on a box, I saw him
I attend at the Rotation-office, we had information, we went at two o'clock, first to Brewster's, he cohabits with a girl in Cock-hill, he said he was out a thieving on Sunday night; Mr. and Mrs. Gray came in and picked out Brewster; I went, my lord, a week following, and took Davis from a woman he cohabits with, who deals in handkerchiefs.
Brewster. It is no such thing, my lord, upon my soul; I was going to Rag-fair to buy me a coat and waistcoat, I met a girl, and it unluckily happened I had not much understanding, I went with her, she took me to bed, and these people came and took me, they persuaded the people to swear to me, my lord, whether or not, for the sake of the reward.
Davis. I beg one favour, these men took me out of my bed, I should be glad to have my cloaths they took from me and ring.
To Brewster's Character.
I am a painter in the narrow part of Holborn, have known Brewster five years, honest, sober, and industrious, he is a plaisterer.
The Prosecutor Joshua Gray . My lord, to justify these men about what he says as to swearing against them, I speak it in the fear of God, and prove, that that man has spoken false, for these very men that took them up, pleaded with us for God's sake, not to swear against them if we were not sure.
Did he ever say any thing like it to you? - No; nothing like it, only when he came for us to go to the Rotation-office, he beged of us for God's sake to say nothing but the truth.
Jury. Has Mr. Gray sworn to any other man? - No.
Both GUILTY . ( Death .)
Tried by the First Middlesex Jury before Mr. RECORDER.
282. 283. 284. JOHN WILLIAMSON , otherwise Winkle , JOHN M'CARTY , and JOHN MILLS , were indicted for feloniously and burglariously breaking and entering the dwelling-house of William Morley and Samuel Pinder , on the 26th of Feb. last, and stealing one pair of silver shoe buckles, value 29 s. two pair plated buckles, value 3 s. one pair of paste knee buckles, value 1 s. one pair of silver sugar tongs, value 5 s. one silver punch ladle, value 5 s. two hats, value 20 s. and three dozen worked buttons, the goods of said Samuel Pinder .
I was a constable on Tuesday the 26th of Feb. about eleven o'clock when I came near the watch-house there were some housebreakers, they said Williamson and M'Carty were at the watch-house with the beadle, they were searched in my presence, and several articles were found on Williamson in his pockets or breeches, one pair of silver buckles, two pair of plated, one pair of paste knee-buckles, a silver punch ladle, six tea spoons, one pair of tea-tongs, two seals, there were some buttons,Mills I know nothing of him, only I took him, and the justice thought it was proper to commit him.
I think you say, sir, your house was repairing at this time. - Yes, and is still.
In what state was the house left at that time? - I never particularly attended to it, nobody sleeps up stairs.
Do you know in what manner the windows were? - I cannot say, the house has been open less and more these eight months.
People could get in without breaking any part of it? - No.
Were the windows open or shut? - Some of the windows wanted glass.
Then of course they were open? - No, you cannot call them open.
Were the sashes up or down? - I presume they were up, the carpenter said he believed they were.
This is your dwelling-house? - Yes, Sir.
Your's only? - I have a partner.
What is his name pray? - You have his name there.
Does he dwell in it? - When he pleases he eats and drinks there.
Does he ever lay there? - He does, he makes use of my bed when I am out of town.
Court. You make joint use of the house? - Yes, Sir, we have two more.
I was awaked with my fellow' prentice in bed, we slept in Mr. Pinder's house, in a room between the shop and kitchen, nobody else in the house at that time, we went across the shop and heard a noise in the dining-room, we opened the door, it was locked, as my master was out, and the key was out; I ran out first, my fellow 'prentice followed, and cried stop thief, I ran up the alley, and saw John M'Carty in an alley opposite the gate of Lyon's Inn turn round from the right underneath the window, our window looks into it, I saw him turn round from under my master's window, I' ran after him without my shoes, I caught him and looked at him, and just as we came to the corner of the alley, he put his two hands against my breast, and swore an oath, let me go, said he, and broke from me and ran away; I pursued him, and cried, stop thief, I could not catch him, he was pursued and brought back to the watch-house, I know nothing of the other two; I cannot tell if the windows were fast, the house was repairing.
I am apprentice to Mr. Pinder; between eleven and twelve I heard a strange noise, I awoke my fellow 'prentice, we ran out at the door, I caught one of them, the tall one, his name is Winkle, alias Williamson, it was from the room window next the dining room, I saw him drop from the window.
Prisoner. This man swore quite different at the office.
Court. Well, he swears it now, you must not altercate.
Taylor. I cried out, stop thief, a gentleman stopped him, I saw him stop him.
Court. Was he ever out of your sight from the time he dropped from the window till Mr. Attrey stopped him? - About a minute he was, he ran into Holywell-street and was stopped there, he was out of my sight as he turned the corner, I am sure he was the man, I was close by him, and saw his face when he dropt from the window, I directly ran after M'Carty, I saw him struggling with my fellow prentice.
NUMBER IV. PART III.
Continued from Page 314 of the last Number.
YOU only have one man in the passage? - No, and that was Williamson; I lost sight of him about a minute, he ran away, it was light but not moon-light, there is a vacancy comes into the middle of the passage and gives light.
What from the heavens? - Yes.
If it is dark in the street it must be dark then? - Yes.
Which way was the man's face when he dropped from the window? - Towards the window, I saw him on the ground and looked at his face.
Court to Taylor. Were the sashes in the first floor shut or open? - I believe they were open.
I was sitting at home in Holywell-street, in the evening, I heard cry of stop thief, I ran down stairs, and saw a person running on the other side the street, crying out stop thief, I saw Wimckle look frightened and cry stop thief, I caught him, not seeing anybody else, he said he was running after the thieves, I told him as I saw nobody else I should stop him; I should have let him go soon after, but he plunged out of my hands and fell in the kennel, I clapped my knee upon him and then struck him or pushed him, I know not which, there was a person stood by said, well done, sir, says I, why the devil do not you take hold of him, then he assisted me, I do not know him, he lives in our street, I saw the boy, Taylor, soon after, in a few minutes he said, that is the man, we took him to the Watch-house.
JAMES TALBOYS sworn.
At half past eleven o'clock I searched M'Carty, and found nothing on him, in searching Williamson, alias Wimckle, I found this property, most in his breeches, but some in his pockets, and this picklock key.
(The things produced and owned by the Prosecutor.)
To Mr. Pinder. I believe these buckles are only of the value of old silver if they were to be disposed of? - I cannot call them old silver.
Mr. Jones does, is he here? - No.
You do not know what they weigh? - No, sir, I gave 45 s. for them.
I do not dispute it, I say if they were to be sold? - I do not want to sell them.
I know that you have put a value on them as old buckles, that is your idea of them, now the plated buckles, I believe, old plated buckles, are not worth eighteen pence a pair? - I do not call them old.
But I do? - I know them to be new.
You know you had such sort of things as these? - People that have things in common use they commonly know them, I know my hat from another, I should know those two hats that I lost if I could see them, they were worth twelve shillings.
You do not know what became of these hats, sir? - No, I wish I did, sir.
Between eleven and twelve o'clock, hearing the cry of stop thief. I ran, M'Carty was taken at the bottom of the street.
JOSEPH LEE sworn.
After they were taken, the prisoners said they had been drinking at my house, and I was sent for to know if it was so, I believe it was M'Carty, he was at my house, the Black-horse, Charing-cross, he went away about eleven, there were six in one box, Williamson I believe, I cannot be positive to the little man, I do not know whether they went away.
Prisoner M'Carty. My witnesses were all here yesterday, and the day before, my master and several of the men I worked with, nobody is here now.
Court. There is no evidence respecting Mills, as to burglary, the law considers it of so high a nature, that if no property is stole, it is still a capital offence, if committed with a felonious intention; here the charge is of a complicated nature, and the general indictment for a burglary, involves in it several lesser charges; it charges the breaking and entering the dwelling-house in the night, and stealing in the house goods of a certain value, so that on that indictment, the verdict of a jury may be found five different ways, you may find them generally guilty, which includes the whole of the offence, the breaking and entering in the night, and stealing the property, or you may find them not guilty of breaking and entering the house, but guilty of stealing in the dwell-house, to the value of forty shillings, or under forty shillings, or you may find them guilty of stealing but not in the dwelling-house, nor of the breaking and entering but of the single felony only, or you may generally acquit them; in this case the first that of the burglary is not supported, because there must be breaking as well as entering; it is clearly held to be law, that if persons get in at an open door, or window, though there is an entering of the house, there is no breaking to constitute the burglary to find them guilty, there must be actual proof that the doors and windows were shut; I think you must clearly acquit both the prisoners of the burglary; if they are guilty of stealing at all, there can be no doubt that it was stolen in the dwelling-house from the circumstance of the case, if you find it forty shillings or upwards it will be capital.
Of stealing to the value of 39 s
MILLS ACQUITTED .
Both to be confined to hard labour on the river Thames to raise sand and gravel for two years .
Tried before Mr. RECORDER.
285. SAMUEL ROGERS was indicted for feloniously stealing on the 1st of March last, three silver table-spoons, value 30 s. the goods of James Willis ; also stands charged in the second count for feloniously stealing on the 13th of March, six tablespoons, value 3 l. the goods of the said James Willis .
The prisoner on the 1st of March last was employed at my house as a supernumery waiter , I keep the Thatched-house tavern, St. James's-street , on that night we missed three table-spoons, they are commonly mislaid, we examined for three or four days and found nothing of them; on the 13th of the same month the prisoner was employed
I am a pawnbroker, the prisoner brought to me three table-spoons, I cannot recollect what time of the day on the 4th of March, I lent him eight shillings, I saw the name Willis wrote in full length on the handles, he said he did not know how it was, but his wife's father was dead and left him a dozen of them, I thought it was probable, as he appeared much like the gentleman, that his father-in-law might have such things or buy them second hand, he said he lived in Bow-lane, Cheapside, and his name was Edward Smith ; the 15th of March he brought six table-spoons, about eleven in the day, and asked for three pounds, I looked at them, says he, you need not look at them you have three before; I thought he had taken out the other three, he told me the same story, I weighed the spoons and lent him three pounds on them, he gave me the same direction, the next day I received the notice from Bow-street, my master was not at home, I went to see after the man, I enquired of the man, he knew no such person, the master said there is a person lodges here sometimes answers to that name, but his name is Rogers, he gave me a direction to him, I found him at the Star and Garter, and took him to Bow-street, he said he never saw me before, I shewed him the spoons, he said he knew nothing of them, before we left the house he owned he stole the spoons and asked pardon.
(The spoons produced in court and sworn to by Mr. Willis).
Prisoner. I was in very great distress and extremity at the time, I was out of place eighteen weeks, my wife was bad a long while, and after I got in place, I went about the beginning of November, and my wife continued very sick, at Christmas she was brought to bed, and she is now very ill; I have but twelve shillings a week, I was very much in debt, I could not tell what in the world to do, I was in trouble several times, I hope your lordship will have mercy on me, I have plenty of people for my character.
To go abroad in the land service .
286, 287. ALEXANDER HIDE and WILLIAM WOOD were indicted for feloniously stealing on the 18th of March last, fifty pounds weight of leaden pipe, value 5 s. belonging to the church-wardens , and fixed to a certain building called St. Margaret's Church ; the second count lays. it to be the property of the inhabitants.
I am a watchman, I was upon extra duty at St. Margaret's church , having lost a great deal of lead, on the 18th of March, about half after seven in the evening, I saw these two men coming up to the side of the church, where there is a spout down to the ground, they fixed a pole I have here in the end of the remaining part of the spout, (a long pole produced) they stood at the place about half a minute, a man and woman passed by, then the prisoners came and wrenched a part of the pole from the joice, by means of the pole it fell to the ground, then I pursued them, one pulled it down and the other took it up and was walking away with it, I stopped them then with the lead, the lead belongs, I believe, to the parish officers.
Prisoner. As I was coming from my work I met with it on my travels lying on the ground, before I picked it up, nobody was near, so I thought I might as well take it, as I saw nobody there, I was taken before I had gone twenty yards.
To Wood's character.
I keep a chandler's shop, I know the prisoner Wood, a very honest man, he is a soldier.
Mr. JONES sworn.
I belong to the first regiment of guards, Wood is a very good soldier, an honest man.
Both GUILTY .
To be publickly whipped and confined to hard labour for six months in the house of correction .
Tried by the Middlesex Jury, before Mr. RECORDER.
288. EDWARD ELLIOT was indicted for feloniously stealing on the 2d of March last, one linen apron, value 12 d, three sheets, value 2 s. and one linen shift, value 12 d, the goods of Thomas Howard , and also one linen shift, value 12 d, one linen sheet, value 12 d , the goods of Thomas Harrison .
Sarah Howard . Either the 1st or 2d of March, I heard an uncommon noise in the yard, crying out murder, and thieves, I went out and found my cloaths were gone, the things belonging to Sarah Harrison were gone at the same time.
Jane Hade . Our yard joins to Harrison and Howard's, about six or seven Mrs. Harrison and I were sitting by the fire, we heard a noise, I opened the door and saw the prisoner with a bundle, I was in the yard ten minutes before the lines were cut down, and the pieces of lines are in the cloaths now.
Mr. Allen. I took this man, he had this bundle.
(The bundle produced.)
Mrs. Howard. They all belong to me.
Mrs. Harrison. These are mine.
Prisoner. I was coming from Stepney and I picked this bundle up, two men took hold of me, I have nobody to speak for me.
Court. What countryman are you? - A Warwickshire lad.
To be publickly whipped and confined twelve months in the House of Correction .
Court. Is the indictment so? - Five and threepence halfpenny in monies numbered.
Do you ever take a halfpenny into a computation of monies numbered? - They have a mighty slovenly way at Hicks's-hall, it should be five shillings in monies numbered and some copper money.
The prisoner came into our shop at twelve o'clock and took the money out of the till, I was in the kitchen.
Court. Can you see from the kitchen to the shop? - Not very well.
- SHUCKSBURY sworn.
I took the prisoner, Mary Glover said, two girls have robbed our till, I followed them and took the prisoner, says she, what have I done, said I do not you know the baker's shop? she said, for God's sake do not hurt me and I will tell you the truth, I saw two shillings fall out of her cloaths, and three they had afterwards, we searched her, there was a syringe of Mr. Yates's found.
Prisoner. I was going along, I had been out with cross buns, as I was going along a woman asked me to hold the paper, and she went down the street, I shewed the gentleman where she went, says he, you have robbed the shop, give me the money, says I, the money of my sister's gown I will give you, I gave him the money, and he sent me to goal for it, I never was in goal before, I had the money of my sister to get the gown for the holidays.
I am eighteen, I live in Angel-alley, Adam and Eve court, I cannot tell where my gown was in pawn, my sister was to get it, my sister is about twelve, I gave her five shillings, or five and sixpence, Mrs. le Count, my mistress, gave it me, I am a weekly servant to her, I sent her on the Good-friday to take out the gown, she did not come back, on the morning I went to work, and about dinner I heard she was in the Watch-house, I and my mistress both went, I went before the justice, but nobody was permitted to speak but her, nobody saw me give her the money, I received it the night before, I gave it her about seven o'clock in the morning, I sleep at home now, but I did not then; my mistress lives in Old-Cock-lane, Shoreditch, I get five shillings a week at the weaving business.
These girls were my weekly girls, I gave her four shillings a week, and her own sister works with me now, she has five shillings, she was at work with me the week before, she worked at home, I pay my people when they require it if I have it, I lent her some money the Thursday before the Good-friday, about two shillings, I know she had a gown in pawn, the prisoner was very honest while she worked with me.
- Reynolds. I have known her three or four years, she worked with me, I keep fourteen or fifteen of them, and never was wronged by her.
To Page. Was she taken up before she was out of your sight? - Yes, my lord, I am sure it was the very same girl.
Court to Shucksbury. Where was the prisoner when you first saw her? - Walking in the street, I could see from Page's door, it is as far as from here to the wall of Newgate.
To be privately whipped and discharged.
Tried before Mr. Baron EYRE.
RICHARD YATES sworn.
I lost my syringes the 28th of March in the evening, they stood on the counter, I miss'd 12, this was the 3d time I had been robbed within a week, it rather alarmed me: they were part of 3 dozen, I live in Shoreditch , I am a pewterer ; the next morning I met a butcher's servant, one Shucksbury and he asked me if I had lost any thing, I went with him to Page's, I saw 11 of the syringes which certainly came from my house, the marks corresponded, I manufacture the article, I have all the reason in the world to believe them to be mine, I found the syringes in the prisoner's pocket.
- SHUCKSBURY sworn.
I found the syringes in the prisoner's pocket when I took her.
Prisoner. A woman gave them to me and three half-pence to hold them, and I did not know what was in the paper; when they took me to the baker's I thought it must be for that I did not know any thing of.
291, 292, 293. SARAH HATCHETT was indicted for feloniously stealing on the 10th of March last, a pair of silver shoe buckles value 10 s. a pair of silver knee buckles value 5 s. five pieces of gold coin called guineas value 5 l. 5 s. one piece of gold coin called half-a-guinea, value 10 s. 6 d. and 12 s. 6 d. in monies numbered , the goods of Robert Cotterell ; and ANN GUY stands indicted for receiving on the 10th of March two pieces of gold coin called guineas value 2 l. 2 s. one piece of gold coin called half-a-guinea value 10 s. 6 d. parcel of the said goods and chattles, knowing them to be stolen; JOHN PINNICK also stands indicted for receiving on the said 10th day of March one pair of silver shoe buckels value 20 s. one pair of knee buckles value 5 s. and one piece of gold coin value 1 l. 1 s. part of the said goods and monies, knowing them to be stolen .
I am a seaman belonging to his majesty, I lost my buckles and money the 10th of March, in Jacob's Court ; at three o'clock in the morning I went along with the prisoner Sarah Hatchett , I found her at the corner of Jacob's Court, a public house, we went to her own apartment, the prisoner Ann Guy came and said John Pinnick was below, she took us into her apartment and desired I wou'd give her 1 s. for the time I should stay, and I gave her 1 s. Pinnick I did not see, I went to bed with her and fell asleep.
Court. So you paid your shilling, - Yes, I paid my shilling to Ann Guy , I went to bed with Hatchett, I put my breeches under my head, and my knee and shoe buckles in my breeches pocket, in the morning when I awaked I found no body along with me, I found my breeches by me, I found my money and my buckles were gone, I went down and asked for the young woman, Guy said she was not there, I said I was robbed, Ann Guy said then she would be damn'd but she would have her wack, she said it was not using me right, she said she cou'd fix her now in a quarter of an hour, but she wou'd be damn'd if she wou'd apprehend her, but when she saw her she wou'd be damn'd if she did not have her share; I fetched a constable, and gave charge of Ann Guy , she said Pinnick and Hatchett were gone together, and that he had got part of the money and the buckles; we heard she had been into Mutton-lane & had bought a gown, we found Pinnick and went to the Justice, we took him in charge, he denied it, at last he said I hope youg man you will not send me to bridewell, if you will not I will deliver the property up, for I have them about me now, I took him into the Red Lion and there he delivered up the buckles to the constable, we took him before Justice Blackborow; on the Monday the buckles were produced, he owned he had received a guinea of the money and the buckles, knowing them to be stolen, but had returned the guinea, we let him go to look for Sarah Hatchet , he did not return on Thursday, we found him at Islington, he then said he believed heSarah Hatchett said she had had the money & divided it along with the rest, Guy said she had some, but did not own only to two guineas.
Court. Was you sober or in liquor? - Rather a little in liquor.
Court. Was you sober enough to know whether you had your money and your buckles when you went to bed? - Sober enough, my lord; I have had neither money nor buckles, the constable has the buckles.
The CONSTABLE sworn.
I went to the prisoner's apartment and saw Guy, she was in liquor, she said she had part and he might go to sea for more. I found Pinnick and asked him for the buckles, but coming along he said he had them, and produced the buckles.
The Buckles produced, and sworn to by the Prosecutor.
On Monday I let him go to seek for the prisoner Hatchett, and we found her at Islington, when before the Justice the prisoner Hatchett said she had taken the money and the buckles that Sunday morning. Guy said she had it when we first took her, and denied it before the justice.
Prisoner Hatchett. I never had any thing of him, I went away directly, because he wou'd not give me any thing, he was with several women afterwards.
Prisoner Guise. I never saw nothing at all about the money, he came into me and said he had been robbed, I said I knew nothing of it, the girl is up stairs, they took me up, I never saw the girl, nor know who she is.
Prisoner Pinnick. I wish you wou'd ask the constable and the prosecutor why they let me go about my business when I delivered the buckles up to them.
Court. Why do you take thieves words? - I thought it might be the means of returning the property.
On Saturday night I went to bed about half after eight and went to sleep, about eleven came up that very man and two or three women, they staid an hour, and sent for liquor till about twelve, and the women were so drunk they cou'd hardly walk up and down stairs.
Court. How came you by the buckles? - I found the buckles when I got up in the morning about 5 at the bottom of the stairs; then the man did not like that woman, but he must go into another room in the next house, and women went backwards and forwards till three o'clock for liquor, and there was he a singing & roaring, that I cou'd not have any rest; I got up at five to go to work at my business with the sheep, I found the buckles in the entry, I shewed the buckles all the morning long, I delivered the buckles up, he promised me, and said, let the whores take the money, and keep it and be damn'd; he took me to goal, and on Monday let me go; on Thursday he came to me, says he, here is a shilling if you can find this Sarah Hatchett , here is a shilling.
No body appeared to their Characters.
Court to Jury. I do not know that there can be an accessary after the fact, for the charge of receiving money, I doubt therefore, whether that charge will hold against the prisoner Guy.
HATCHETT GUILTY .
To be confined to hard labour six months in the House of Correction .
GUY, ACQUITTED .
PINNICK GUILTY .
To be confined to hard labour for two years in the House of Correction .
294. JAMES HILL was indicted for feloniously and burglariously breaking and entering the dwelling-house of Jonas Holmes , on the 8th of April , in the night, with intent the goods, chattles and monies of the said Jonas, feloniously to steal, take and carry away .
JONAS HOLMES sworn.
On Monday night the 8th of April, about eight o'clock, the prisoner pushed the shutter of my kitchen window, first one foot then the other, I was looking out of the one pair of stairs window, I saw him come in at the yard, I saw him come to the kitchen window which looks to Crown-yard, Cherrytree-alley , he pushed in the window with his foot, it is about sixteen inches from the ground, the casements were out, then he took a bricklayer's hammer and came out, and began to cut a lead pipe; he had this hammer which was in the house in his hand (producing a large hammer) he cut the water pipe which runs across the yard, the water being on spun out and made a great noise, and I came and took him at the pipe, he threw the axe into the skittle ground, he said he thought the devil possessed him, the window shutter was fastened with a bolt and nails that evening, nobody slept in the house, it was my house when the pipe was laid on, I have had possession of it these six weeks.
Prisoner. As I was going home after I had done work, I met an acquaintance, and he asked me to go and do a job, to take a copper out, he thought the funnel must be stopped, I told him I must go back and get my hammer, accordingly I went to get my hammer, and knowing the shutter was but just nailed, it might be the course of a minute or better before I found the hammer, and just as I found it there came a parcel of people hooting and halloing, and a parcel of boys stood on the brick wall, I looked at them some time, after that I came out, and as I was coming on I struck my foot against something which threw the water up; I was at work on the premises, and all our tools were there, I did not think of bringing any body to my character.
To the Prosecutor. Was he at work there? - Yes.
Court to the Prisoner. Did you know that this was a capital indictment against you? - No, my lord, I understand nothing about it.
Court. It is peculiar almost to the crime of burglary, that though no property at all is taken, yet if the house is broke and entered in the night time, with intention to steal or commit any other felony, in that case it is as much a capital offence as if property was stolen.
Jury. The witness said he never saw him before that night, and then he said he worked there.
Holmes. He had been at work, not that I saw him, I know there were bricklayers at work, I believe he was one.
He cut three or four yards of the pipe by the cesspool, till the water flew upon his face, it was done up by wall hooks, one or two.
Court. Let me look at the act of parliament, (reads)
"shall cut or break with intent to steal."
Describe in what manner he had cut it? - There were six different places, there were three places where the water came out.
Court. Was this pipe fixed to your house? - It was fixed up with wall hooks, the wall hooks were not out of their place, without one or two, it was pushed off from one on the highest side.
Prisoner. I never touched any pipe at all.
To the Prosecutor. You are sure you saw him do it? - Yes; and he owned it before the justice, I saw him cut it off the outside.
Court. The cutting, though it is not cut through, is yet within the words of this act of parliament, the intention with which it was done is the principal object.
To be publickly whipped and confined to hard labour six months in the House of Correction .
WILLIAM BREWSTER and NATHANIEL WALLIS were indicted for feloniously making an assault upon Campbell Russel , spinster , in a certain field, and open place near the King's highway, upon the 24th of February last, and putting her in corporal fear and danger of her life, and taking from her person a silk cloak, value 10 s. a brown jean pocket, value 1 s. five iron keys, value 6 d. a cotton handkerchief, value 1 s. a silver sixpence in money; the monies, goods, and chattels of the said Campbell Russel .
I live in Greenfield-street, Whitechapel, I was robbed on Sunday evening, the 24th of February, between seven and eight in the evening, about the middle of Stepney-fields ; one Morrison and one Adamson, two young men, were walking with me, I was going home, I live with a relation at present, four men came up and attacked us, and one of the gentlemen struck one and run away, and the other staid, and they beat him, then they came and robbed me of the things; four men attacked us, and three staid by, and one run after the young man that went away; I lost a cloak, pocket, some keys, a pocket handkerchief, and two six-pences, the men had weapons all of them, I took them to be cutlasses, it was dark, but good moon light; that Wm. Brewster I think I have an idea of, but cannot swear positively to them. There were two people coming up, and these men desired us to go along quietly, and they went off towards Stepney as far as I could see, I never found any of my things again.
All you can say is, Brewster is like one of the men that robbed you? - Yes. I saw these men at the office on the Tuesday after at Justice Staples' I think.
On Monday morning after the gentlewoman was robbed, I attended at the Rotation-office, she came to me and asked if I had heard of any body being robbed in Stepney-fields, I told her I had, a man there said I know them all, I said if you do I will be obliged to you to tell me their names; said he there were Wallis, Brewster, Thompson, and Davis, he knew them, and asked if I did; I said I do not, I will be obliged to you if you will tell me where they live; he said he would not then, but he would shew me on Tuesday morning; we went and knocked him up, we went to Fryingpan-alley to their rooms, the man said for God's sake never mention my name, we broke open the door and Wallis was in bed with a girl of the town that he coha bits with in Fryingpan-alley, almost opposite to Gravel-lane, I took a coat up that was on the foot of the bed, and here are the things (produces the coat) within side to which they commonly hang a cutlass, he said it was not his coat, it did not fit him, the justice made him put it on, it did fit him, we asked him where he was on Sunday night; he said, damn your eyes I was out a thieving, but I met with nothing to suit my purpose; we went with him to the Rotation Office; the gentlewoman when we first took Wallis on the Tuesday morning was desired to go into the tap-room and see if she knew him, it was a very long room, she was asked if she knew any body there, she was timorsome, but said she believed Wallis to be the man, but could not rightly swear to him. On Thursday she positively swore Brewster was the man; when we took Wallis out of bed, we asked him where he was on the Sunday night, he said he was at his sister's, as soon as it was daylight I sent Mathews and another person to the sister's, who will give you an account of what the sister said.
- MATHEWS sworn.
On the 24th of February last I was called out of my bed to go into Whitechapel fields to apprehend some footpads, I and Earle and two more men went into the fields on occasion of some people being cut, rather before nine the night the robbery was committed; a gentleman shewed me he was cut, here is his hat (produced a hat, the brim of which was notched in several places aboutJoseph Levi , we went out on Tuesday morning to Fryingpan-alley, we were shewn the door where Wallis was in bed along with a woman; Levy asked him if he knew any thing about the coat, he said no, we took him and brought him to the watch-house; he was asked where he was on Saturday night, he said in Fryingpan-alley, he was asked where he was on Sunday night, he said at his sister's; we went to Brewster and broke the door to take him; he was asked where he was on Saturday night, he said at home, he was asked where he was on Sunday night, he said, why a thieving damn you, where do you think.
- EARLE sworn.
I know nothing of what these witnesses have said, except in regard of taking them, and what they have said is true.
Court to the Jury. There is no evidence at all to reach either of these two prisoners.
Both ACQUITTED .
John Hind , tinman and pewterer , deposed, that the prisoner lived as a porter with him, that he, the witness, saw some old broken cock brass hid in the cellar, and in order to discover how it came there, he put his apprentice into a charcoal hole and covered him over with bags, where he could see the metal and any body that took it, that he staid half an hour and sent the prisoner down to clean his shoes, immediately as soon he had cleaned his shoes he came up stairs and went out of the shop, he heard him blundering as he came up, and he said to his apprentice, Whitaker has got it; that he then went out ten yards and called after him, and said he wanted to speak to him; that he came back and said,
"Sir, I have done a wrong thing," and began to take the brass out of his pocket and laid it on the counter, said it was his property, threw himself prostrate at his feet, and wanted to take hold of them to kiss them, as he supposes; he told him to get up, as it enraged him very much, in the morning he, the witness, went to the prisoner's apartments, in the mean time the prisoner attempted to make an end of himself; that he found the tin ware in his room that had been taken away by him from his shop, he sent to the prisoner's wife and told her about it, and she shewed him, the things: (the things were then produced in court) there was a quart jack, a half pint jack, a pint-and-a-half saucepan, a tinder-box, two pewter pepper castors, an oil pot, a pewter bottom, and a rough bottom, as they are first cast; likewise some broken brass, which the prosecutor said came out of a bag of broken brass that belonged to him; he said he would not swear to all the articles that were then produced, but only to some of them.
Samuel Bridge, journeyman to the prosecutor, deposed that he knew those things that were produced to be Mr. Hind's, for that he had made a part of them, in particular he had tipped a jack which was then produced.
I am innocent of the affair I am accused of, it was done the night I was in the cellar, I was asked to take it away, I never saw the prosecutor, I told him afterwards I got it from Mr. Gibbons.
Prosecutor. He said his fellow servant asked him to take it away, I asked him whose it was, he told me it was his own, he had got it from the skimmings, as for the other things he brought them down from his apartments, every one of them; and the oil pot in particular he told me that he desired him to let him leave it at his house.
To be Transported to the East-Indies for seven Years .
BRIDGET GUTTERY was indicted for stealing on the 6th of March last, nine printed folio volumes in sheets, the journals of the House of Commons, value 10 l.
ACQUITTED for want of Prosecution .
300. 301. JOHN GRIFFIN and WILIAM GRIFFIN were indicted for breaking and entering the dwelling-house of John Caske , about the hour of ten in the night, on the 25th of February last, and stealing two women's cloth riding jackets, value 28 s. one woman's cloth riding petticoat, value 5 s. one pair of cotton stockings, value 6 d. two linen aprons, value 8 d. the goods of John Caske .
Susannah Chapman . I live in Berner's-street, No. 73 , at the house of Mr. John Caske , a habit maker , it is a warehouse, there was two scarlet habits stolen in the evening of Monday the 25th of February, between ten and eleven, from the working shop, the people had left work; I was at work in the kitchen alone in the house, and was alarmed by a noise at the private door like something coming in, I supposed it was the boy. I went and found it particularly bolted and chained, I sat myself down to work a quarter of an hour and heard the same alarm, I went up stairs and searched the house and found nobody; I presently heard a knock at the door, soon after another, I went and opened it and found nobody, he left the door on the chain, not bolted, the boy came in from his errand, went out again, I chained it at his return; he found a man standing on the stone, he asked the man what he wanted; he said he waited for a young man that was some doors farther off; we soon heard a noise again, went up stairs and found the shop stripped, the private door open, and the drawers open, and I went and fastened the private door and we called the watch, they came and searched the house, there was a scarlet habit missing and other things. I pulled the door to and chained it, it has no lock, there is a place for persons to put in their fingers to open the door, for the family convenience, the prisoner Griffin knew of it, he lived servant there a quarter of a year, it is a private latch, it goes exceedingly hard, the chain is a short chain, that any person may put in their hand, that knows the way of the door, and lift up the chain.
Humphrey Bladon . I live in Green-street, Leicester-fields, I am a pawnbroker, I have a petticoat belonging to one of the habits, I took it of Hannah Ryan , on the 26th of February, who is admitted an evidence, she was committed to Tothill-fields.
Court. How old is the Boy? - Casske. About 12.
Joseph Blithe . I am a watchman, I had just done calling half past ten, the other watchman called me over, I saw the smallest of the two upon the leads, hiding behind a sign, says he, there is somebody robbing the house, Mr. Casske, we went up stairs, I entered the room, and took him, I pulled him partly into the window, I tied his hands, and desired him to tell me where his companions was, he gave a description of a person I could see nothing of; I went after him, he told me he lived in Hedge-lane, I searched him at the watch-house, and found a pair of stockings, two pieces of coarse cloth, and a pair of white cotton stockings, and an old apron, he told me the man was his brother, and he had taken a bundle there, but the moon was so light it prevented taking more.
- WATSON sworn.
I am a watchman in Berner's-street, I was calling the hour half past ten at night, the gentlewoman in the house heard a noise, and sent the servant boy down, to call the watch, I went down with the lad, the gentlewoman was much surprized, I told her not to be frightened, I sent the boy to call Blythe, he came up the street silent; I called to Blythe, to step over here, I had seen the man himself
Did he say any thing about any bundles that he had carried out? - Yes, he confessed he took some things, and had given them to his brother, and the young woman he was to sleep with, was to pawn them on the morrow, on his being apprehended, and there being a mob of people, the other made his escape.
On the 25th of February, between ten and eleven o'clock, I was coming home, I saw the prisoner John Griffin hid behind the picture, I asked him what business he had there? He cried out, Oh! Mr. Chapman, I said, Jack, what business have you there, he was servant there last year, the men went up, and found him on the leads, and secured him, I asked him if he had any Confederates, he confessed of his brother, he said the door was on the chain and latch, that he put his finger to the latch, and then opened the chain, took out the riding jacket and petticoat, that were hanging on the line, and gave them to his brother, he mentioned two places where he supposed his brother would sleep, we found the brother at a Mrs. Brown's, in Hedge-lane, where the property was found, after he was in custody, I was not present when the property was found there, Brookesby said he found it.
I found him, he said he was not the man, I told him he was, the young one told me, the elder brother wanted him to commit the robbery several times, that he induced him to do it.
I am thirteen next June, I cannot remember the night the house was robbed, I know it was robbed; I saw a man stand in a round hat, his hair cut short, with a black coat on, he was a middling size man, he was standing upon the steps of the door, I asked him what he pleased to have, he asked me if I belonged to the house, I said yes, he said he was waiting for a person three or four doors higher.
Should you know that man again? - Yes, I saw him again at the justice's the next morning.
Was the man you saw at the justice's the next morning, the same man you spoke to on the over night? - Yes, I am perfectly sure of it.
Look at the prisoners, is it either of them? - It is the one in the black coat; I am quite sure that is the man.
Did you observe what became of him. - I pulled the door too, and chained it, and went down stairs, and shut the door, I do not know what became of him, he went away.
Was any body with the constable when the things were found? - Mr. Caske, the constable went to search the apartment of the woman, he found nothing at first, the second time he did, I waited at the Rotation office, the constable returned and brought the things.
To Mrs. Chapman. What do you say to the things that were found on the leads? - These things were taken from a line in a garret, I had been washing and had got them all dry, they belong to me.
Which of them belong to you? - All these here, that the last watchman brought in a basket, a pair of stockings, two aprons, and a piece of check.
There is nothing there belonging to Mr. Caske? - Yes, these jackets, and the bed gown.
Nothing belonging to Mr. Caske, was found on the leads? - I do not know.
Where does the constable live? - In Peter-street, Westminster, No. 21.
Is he so ill as not to be able to come?
Did you pawn these things to Mr. Bleadon, in Queen street, Leciester-fields, (shewing her the jackets) - Yes.
How came you by it? - I had it from the prisoner at the bar.
Which of them? - The eldest, my Lord.
How long had you known him? - I can hardly say, about twelve months.
Where was it he gave it you? - In Hedge-lane, at Mrs. Brown's.
How long before you pawned it? - Not a great while.
The same day? - Yes.
Did you sleep at Brown's that night he did? - Yes.
How long had you lodged at Brown's? - I had not lodged there till that night.
What time did you meet him there that night? - Upon my word I cannot tell you.
There were something found at your house? - My lord, the constable came into the house before I was up, in the morning, and asked if such a person slept in the house, I told him I did not know, he was very welcome to go up and see, he went up, and found the man there; I went up after him, we found nothing, we all came down together, he said, he would be obliged to me to search, I went up a-again, and saw some things lay under the bed, I called him up again, he came and found the two jackets
How many beds were there in that room? - Two.
Which bed were they found under? - I believe it was next the fire place.
Who slept in that bed? - The same people.
Who slept in the other bed? - I do not know that there was any body.
What sort of a house is this you keep? - Sir, I keep a lodging house.
For strangers to come and lodge? - Yes, whenever they say they are man and wife, and go up and pay for them. I do not think there was any body else there that night.
Prisoner William. My lord, there was another strange man laid in the bed, next the fire place.
Court. To Mrs. Brown. How do you collect your money, Mrs. Brown? - I cannot say positively, who laid there that night, I was on the top of the stairs when the man came, I do not know whether there was any body in the room then, I found the jackets under the bed.
Was there any body in the room at that time but them? - No, Mr. Brocklesby begged I would go up and look, I said, Sir, I wish you would go up with me, no says he if you will be so good, to go up and look, I will be obliged to you, I went up and saw the scarlet one, and the other, I put my shoes and gown on, and called the constable immediately.
What you say is, as soon as the constable took away this man, you went into the room, and found these jackets laying there? - I did, I went and called the constable, and he came and pulled them out, he tied them up, and took them away.
Should you know them again, if you were to see them? - I believe one was not quite finished, the constable begged me to look at them, (The jackets were then shewn her) and she said she took them to be the same.
To Mr. Caske. Do you know any thing of these things? - Yes, there is a particular mark on them, which I observed to the Justice of Peace, there are fine drawings under the buttons.
Can you swear to them? - Yes, the buttons had been misplaced, and the fine drawings are particular marks.
What do you say to that petticoat, that was at the pawnbrokers? - There is a stain in it, I told the Justice of Peace so, and he found it.
(The petticoat was then produced, and be deposed it was his).
PRISONER JOHN's DEFENCE.
My lord, I know nothing of the things, I was passing by the street, it happened
PRISONER WILLIAM's DEFENCE.
My lord, I know nothing about the things, I laid in the house, when I was taken out of the room they searched it, they found nothing in the room, under the beds, nor any where, I was taken up to the justice, and kept there two hours, till the things were found, a man lay in the same room, and a man in the next room, I know no more about them, it is a common lodging house.
Court. What do you say to that, the girl says you gave it her? - My lord, I know nothing about it.
In what way of life have you been? - I was a gentleman's servant.
Have you any friends? - No, I did not think I had any occasion.
W. GRIFFIN, GUILTY . Death .
302. THOMAS LEWINGTON , was indicted for feloniously stealing on the 2d. of March last, four check linen aprons, value 3 s. one linen sheet value 3 s. two pieces of black cloth, value 1 s. two shifts, value 2 s. 6 d. one other shift value 6 d. three muslin handkerchiefs, value 6 d. the goods of James Bartlett .
I left my cart in Tower-street , about five minutes, I am errand cartman from Dulwich, I went to Mr. Hopkins's in Thames-street, when I came back, I was told a person had taken a parcel out of my cart, and a man was gone after him; I saw them bring the prisoner back, with the parcel under his arm, Michael Browne brought him back, I knew the parcel, by the outside apron, I did not know then what was in it, it had been in my cart, I am quite sure of it, I brought it from Dulwich, it had no directions, I was to deliver it in the Borough Market.
My fellow servant sent me after this man, I did not see the prisoner take the parcel, I overtook him, at St. Mary hill, he had this parcel under his coat, I brought him back, he said he belonged to the cart, and he took the parcel out, to carry somewhere; I delivered the parcel to the constable.
I was in my mistress's shop on Saturday afternoon, I saw the prisoner jump up into Bartlett's cart, and I asked him if he belonged to it, he answered something very pert, I cannot say what, the boy brought him back.
Mr. HOUSE sworn.
I am the constable, ( produces the parcel deposed to by Bartlett)
Court to Brown. Was the parcel you gave the constable, the same you took from the prisoner.
Brown. (describes the things)
Prisoner. I own myself guilty of it my lord, I trust myself to the mercy of the court, I have nobody to give me a character.
To be imprisoned three months , and fined, one shilling .
Tried by the London Jury before Mr. RECORDER.
WILLIAM AYRES sworn.
I keep a brokers shop , the front is open, I saw the prisoner reach his hand, and take the candlesticks off a table, he did not come in, I saw him take them, I pursued him, and took them from him, he said he found them.
Prisoner. I left off work, and was a little in liquor, and coming from the o-other side of the water, I fell right against the shop, and knocked the candlesticks down, I took them up, I acknowledge having them in my hand, I am ready to go to sea.
Publicly whipped , and discharged.
Tried by the London Jury before Mr. RECORDER.
304. HENRY MUCKLEROY was indicted, for the willful murder of John Bromley , by striking, beating, and kicking, with his hands and feet, on the head, and divers parts of the body, and by flinging him on the ground , on the 5th of April . inst.
I was in the Savoy when this misfortune happened, we were all there prisoners as deserters, the prisoner and the deceased were prisoners , this was between three and four in the afternoon of the 5th of April, they were sober; I was standing in the inner Savoy prison there, the deceased came up to me, and asked me where I was going, I said between the two gates, the middle gate and the inner gate of the Savoy, he asked me to go there, on which I told him I would knock at the door, I gave two knocks at the door; in the mean time Arthur Higgins came from No. 2, a window to the inner Savoy door, and asked the said deceased, John Bromley , if he would buy a loaf from him, on which he answered, and said yes, he wanted one; he went to the window at No. 2, where the said Arthur Higgins came from, and the said Arthur Higgins told John Harley to give him a loaf to give John Bromley , which Bromley put under his left arm, on which Muckleroy asked him to give him share of a pot of beer, for a pair of breeches which he exchanged with him, on which the deceased made a reply, and asked him what right he had to give him share of the pot of beer, on which the said Muckleroy sent for the breeches that were exchanged, on which the deceased John Bromley gave him a very impudent answer.
Tell me what his answer was? - I cannot really say, whether it was damn you or damn your eyes, or some such a word, what right have I to give you share of a pot of beer? which caused Muckleroy to come facing him, from the other part of the window, on which he thought the said Muckleroy was going for to strike him, they then both at the same time struck together, and Bromley dropped the loaf from under his arm, to catch the blow made at him by the prisoner, and gave the prisoner at the bar a knock on the left hand side of his cheek, on which Muckleroy took him by the collar; they went out towards the middle of the yard, Muckleroy being longer in the arms than what the deceased John Bromley was, he kept the blows of Bromley off him, and in the course of two or three minutes they went to the hall door, both of them, one had hold of the collar of the other, so that the other could not get into him.
Who had hold of the collar? - Muckleroy; on which, just as they came to the hall door, Bromley turned round to the wall.
I thought you said the other had hold of his collar? - No; he had loosed him then, and Muckleroy told him to turn round and face him like a man; the deceased John Bromley was turning round for to face him, and he caught him a blow just in the stomach, on turning round.
Before he was fairly turned round? - Just as he was turned round facing him, a blow on the pit of the stomach, he made just one stumble, and brought his legs up
Is this all that passed? - This is all, there was no malice between the men before, they had not exchanged ten words from the time Bromley came into the Savoy.
Who had been the longest there? - Muckleroy had been there nine weeks, the other only two or three days.
How near was he? - He turned just so, and hit him just there, (pointing to his stomach and turning round) it must be from his beginning to go round to face him, it must be his intention to fight him again.
How near was you when the deceased turned round? - I was standing at a distance, about as far as from where I stand to the window.
J OHN HARLEY sworn.
I saw no more than what this man saw.
Did all pass exactly as this man has described it? - Yes, all the very same.
Had either of them any weapons? - No.
What did they quarrel about? - A pot of beer.
Who struck the first blow? - I cannot tell, for they both struck alike.
The deceased had not been long in the prison? - No, he had not been above three or four days at the farthest.
What regiment did the prisoner belong to? - The 50th.
What regiment did the deceased belong to? - The 59th.
Do you know whether they were acquainted before? - I cannot tell you.
It was quite a sudden quarrel about a pot of beer? - Yes.
Did you see the last blow struck? - I did.
Tell how that was? - The deceased turned his back to Muckleroy, Muckleroy told him to turn round and face him like a man, he did turn round and face him, and Muckleroy gave him a blow just here, (pointing his hand to his stomach).
How near was it when he got round opposite to him, before he received the blow? - Just facing to him.
Did you observe the deceased's hands, what posture he was in when he received the stroke? - That I cannot tell.
This is all that passed? - Yes.
The man died instantly? - Yes.
Prisoner's Defence. They have given a true account of it.
Court to Prisoner. You agree it did happen as they say? - Yes.
GUILTY of Man-slaughter .
To be burnt in the hand , and imprisoned one month in Newgate .
On the evening of the 26th of March, about twenty-five minutes past six, I was sitting in a room in my apartment, which looks into a yard adjoining, there is a line there on which hung two silk handkerchiefs, I perceived them slipping down, I went towards the passage door and found the prisoner with the handkerchiefs upon her, she had them in her right hand, I saw the handkerchiefs dropping from her hand and catched them before they dropped, I took her into custody, she said if I would forgive her she would never do so any more.
I am brother in-law to the prosecutor and live in the same house, I was in the room with him on the evening of the 26th of March, I saw the handkerchiefs slip off the line, I went out first and the prisoner
Prisoner. About half past five I was coming along, I met a gentlewoman, who asked me to go of an errand, I was taken bad and went to go to a yard, and I saw a gentlewoman standing at this door with a child in her arms, I asked her, she told me to go into the yard, these handkerchiefs blew off the line, I took them up and was going to carry them into the house, and he asked me what I wanted, I said, nothing, and I gave them into his hand.
( Privately whipped and discharged.)
Tried by the London Jury, before Mr. RECORDER.
306. WILLIAM WALSH was indicted for feloniously stealing on the 10th of April last, one canvas bag value 1 d. one piece of silver coin, called a crown, value 5 s. three pieces of silver coin, called half-crowns, value 7 s. 6 d. and 139 s. and one 6 d. in monies numbered , the goods, chattels and property of John Boldero and Co.
Mr. DEACON sworn.
On Wednesday evening last, about six, I was settling my accounts for that day, in Messrs. Boldero's shop, when the prisoner came in and asked me where Smith, Wright, and Gray lived, I told him No. 21, in Lombard-street, he then put his hand on this bag, which was lying on the counter with many bags of gold, and took it off the counter and ran out of the shop, I immediately jumped over the counter as well as I could, and called, stop thief, I pursued, him down Princes-street, he turned into a court which leads to Lothbury, instead of pursuing him in the court, as several were after him there, I ran to catch him as he came out of the court, I presently saw him seized in Lothbury, I did not see him throw down the bag, he had it not when I saw him seized, I found the bag at our shop when I came back, one of the clerks brought it, I staid to collect part of the silver which had fallen in the street, I do not know who brought the bag back; I picked up about seven or eight shillings, I cannot tell, I put it to the remainder, and found when I counted it, six-pence deficient: the sum I had counted it for was 7 l. 17 s. 6 d. when I counted it a second time, it was 7 l. 17 s. I then put a seal on the bag.
Court. Was there any mark on the bag that enables you to know it was the same bag? - I used it every evening these six months.
Court. It is a common bag? - Not very common, here are some stripes in it which make it very particular.
(The bag handed up.)
Court. No, it is not a very common one, are you sure it is the bag that was lost off the counter? - Certainly, my Lord, quite sure, no doubt at all; I sealed it immediately after, it has been in my possession ever since.
I am clerk to Mr. Boldero, I heard the last witness cry out stop thief, I ran out of the shop and pursued the prisoner to Princes street, into a court, there I fell, I did not see him taken.
On Wednesday as I came to our house Messrs. Boldero's, I saw the prisoner looking into our door, when I came to the door he did not go away, I went in and within eight or ten minutes after I was in, he comes in, and enquired of Mr. Deacon, for Smith, Wright and Gray, he told him,
On the 10th inst. I was going to the mansion house in Lothbury, I heard stop thief, I saw the prisoner coming out, and the mouth of the bag must be downward, for he scattered the money out before he let the bag drop. I took him to the compter, he said it was his first fact, and he said he was a waiter at the Antigallican.
Prisoner. My Lord, I never did any thing of the kind before, and I hope, my lord, and the gentlemen will do the best they can for me, and Mr. Fountain whom I lived with between five and six months, and Mr. Best that is now here, whom I lived with upwards of two years, will speak for me, I have been intrusted with some hundreds, and I may say a thousand or more; I have been out of employment ever since Christmas, and I have a wife and two children at home, and therefore, my being out of employ, and making away with every thing, I did not know of doing the thing half an hour before I did it; at the time I did it I was not in my senses.
The prisoner lived with me upwards of six months, I keep the Antigallican Coffee-House behind the Royal-Exchange, he was a very sober, trusty, worthy good servant, I always found him so, I trusted him with money, never found him dishonest, he left me for one evening, we had a great deal of company, he was in liquor and I discharged him.
I did lately keep the Antigallican, the prisoner lived with me two years, he behaved very honest, I have entrusted him going from the Coffee-House once with 650 l. of Sir Harry Goram's, which he fetched from the Bank; I have known him since 1770, I looked on him as a very honest, industrious young lad, when he came to live with me he was in great distress, but was very honest; I believe when he is in liquor he is quite insane, quite phrensy, I have several times done the business for him and sent him to bed.
Court to Deacon and Thornton. Did the prisoner appear to be in liquor at the time? - I did not observe it.
Prisoner. My Lord, I have more witnesses to my character.
Court. There is no necessity for it.
GUILTY . ( Death .)
Recommended to mercy.
Tried by the London Jury, before Mr. RECORDER.
The prisoner came into my house, in Redcross-street , I keep a public house , about six in the morning, the 9th of April, she had two or three penny-worths of purl, she went away, a man in the house said he thought she had some pots, I ran after her, and overtook her, I took these two pots from under her cloak, they are mine.
I was the constable, I know nothing of the fact.
Prisoner. I never was guilty of anything of the kind before, there was a man and a woman sick of a fever, I did not think to ask the man for the loan of the pots, I was going to go home with some
GUILTY , aged 29.
Privately whipped and discharged.
Tried before the London Jury before Mr. RECORDER.
On the 25th of February I was at Smithfield , doing duty there, about seven in the morning Mr. Wells, of the Bull-head, sent for me, I went, he said there is a man has some lead in my house; I collar'd him as he was going out, he said he had nothing, it was wrapped up in a coat, he ran away, I caught him, and took him to the compter, I advertised the lead, and so the owner was found. (The lead produced)
I laid the lead, and fitted it to the place, I am a plumber, (the lead produced) I fitted it upon a dormer window, at the back of Mr. Pullen's house, near Charter-house wall, it came from that place, it fitted the nails and every thing.
I am left in charge of the buildings, I locked the doors on Saturday night, the 23d. of February; on Monday morning, I found the lead ripped off, of both windows, and checks belong to Esquire Pullen, I saw the advertisement, and went to Guildhall.
Prisoner. I was going to work, between six and seven o'clock, there were two men asked me to help them down with it, I did so, and took one of the pieces that was wrapped up in a coat, into the public house, one of the men asked me to bring it out.
Court to the Jury. I believe in this case you will be eased of the comitting of the fact, for the prisoner is indicted for stealing this lead, generally as the offence of stealing at common law, of any other property, now there is an act made in the reign of his late majesty, which makes the offence of stealing lead when fixed to a dwelling-house, a felony, and the reason of that act of parliament was, that before that time, it was holden, that the taking away the lead, or any other thing fixed to the freehold, was considered not felony, but if the property had been severed, then it became felony in any other case, it was to provide against this mischief, that the act of parliament was made, to indict a more exemplary punishment on such offenders; the indictment now not being upon the statute, nor having pursued the words of the statute, you cannot find him guilty on that, and the evidence does not support the indictment at common law, therefore upon this indictment in point of law, whatever the fact may be, the prisoner must be acquitted.
Tried by the London Jury before Mr. RECORDER.
309, 310. REBECCAH FOSTER and ANN MARK , were indicted, for stealing on the 22d of February , one blanket, value 1 s. two linen sheets, value 2 s. one rug, value 6 d. two flat irons, value 1 s. one pair of bellows, value 1 s. a hearth brush, value 2 d. a knife and fork, value 6 d. from a lodging room let to them by private contract , the property of Charles Scott .
Elizabeth Scott deposed, the prisoners came to her house, between two and three months before Christmas, and took a room, that she lives in Fashion-street, Spittal-fields , that they continued there till the 15th of February, when they went away without giving any warning, on the 17th she opened the door with a key she had, and missed a pair of sheets, a blanket, a rug, the bellows, and several other things, that they left a note under the door to let her know they were gone, but took the key of the door with them, that they found one of them on the 21st of February, in Flour and Dean-street.
Ann Mark confessed they had taken the things, and directed where they might be found, at a place in Bell-yard, all but one sheet and blanket they had sold in Fashion-street; they found the other prisoner at No. 15, in Thrall-street, Spittal-fields, the likewise owned to it, no promise of any thing was made to them to make them confess.
Sarah Wolfe deposed, the prisoner Ann Mark came and pledged some of the things with her, and produced some of the things, which were proved to be the things mentioned in the indictment by the prosecutrix.
The prisoners made no defence.
To be privately whipped and confined six months in the House of Correction .
Tried by the First Middlesex Jury, before Mr. RECORDER.
311, 312, 313. JAMES LAKE , GEORGE HARRIS , and THOMAS LEE , were indicted, for that they on the 11th of March last, with force of arms, with a certain offensive weapon called a dagger, which they then and there had, and held in their hands, in and upon one William Bull , in the peace of God then and there being, unlawfully and wilfully did make an assault, with a felonious intent, the money of the said William Bull , from his person and against his will, feloloniously to take, steal, and carry away, against the form of the statute .
I am a watchmaker , I live in Bunhill-row, on Monday the 11th of March, about eight in the evening, I was assaulted betweenIslington , it is a kind of a road leading to Islington, it goes across the fields, I was going to Islington in the evening, I and Mr. Mines passed one man, there were two more walking a breast a little before, the path was so narrow I could not pass; I was first and passed one man, then one man came and catched me by the breast, another said, damn you, or blast your eyes, I am not sure which, stop, where are you going, and he called out to a man on the side of him, damn his eyes, collar him, where is he going; Mr. Mines laid hold of the person that stopped me, they went into the ditch together, on the right hand, I jumped in to my friend's assi stance, and was there a quarter of an hour, I was beat on the back with something like a cutlass, I had a wound at last between my eyes and nose, then a blow came and knocked me on the head, and a man came and struck me on the face, just where I received the wound with a weapon; Mr. Mines was obliged to leave his man, being cut likewise, and they made off, I saw no weapon, but it must be a weapon that did it, I had three cuts on my coat and one on my hat, the man that first attacked us made off.
Did they ask for any thing? - No, they never asked for any thing.
Was this in any public path? - Yes, a very public path.
Were they sober or drunk? - That I cannot tell, I did not know them before, I did not see their faces.
On Monday the 11th of March, we were going to spend the evening at Islington, five of us, three went to a house in Featherstone-street, I and Mr. Bull to the Red-Lion, while we staid there, the three men that stopped us came out of the Red-Lion, and walked up towards the Green-gate, we followed them, when they came to the green gate they were under the Shepherd and Shepherdesses wall, we went across the road, they went on, we followed, when we came between the ditches they slackened their pace, and the last of them stopped behind, we all passed him, and one of our party had passed the two first.
How many were you? - Five together, when he was passed they catched hold of his breast, and said, damn your eyes, where are you going, I went to the man that was attacking him, and caught him fast by the arms, and went into the ditch with him, we tumbled into it; he kept jobbing at Mr. Bull, who said he was wounded, I looked, and saw he had a sort of a dagger in his hand, while they were stopping Mr. Bull, he ordered the man with him to fetch the other back, while I lay in the ditch, this man came and cut me over the back, a hole through my coat and waistcoat, and my hair almost all off my head, my stock-buckle was bent double.
Five of us were going to Islington to spend the evening, we were at the Red-Lion, the corner of Old-street-road, just by the pound, we stood by the house about ten minutes before eight, when we were at the corner of Old-street we saw three men come out of the Red-Lion, when we were by it, I observed to the gentlemen along with me, it looked as if they were going on no good.
Where is the Green-gate? - It is close by the City-road; Brightwell is at Hicks's-hall getting a bill, he was foremost, they told us we must have separate bills, he passed unmolested at first, he was about five or six yards before Mr. Bull, Mr. Wilkinson next to him, Brightwell was suffered to pass; when Mr. Bull was attacked I went to his assistance, and threw Lake into the ditch, and fell in with him, Mr. Bull jumped into the ditch immediately to assist me, I observed he made short pushes with something in his hand at Mr. Bull, as I had hold of him behind, I could feel his arm jerk, I did not know he had any thing in his hand at that time, Mr. Bull called out he was wounded, then I looked and saw the dagger.
There were three of these men? - Yes.
He was engaged with Burrell? - Yes; he knocked the hanger out of the handle,
Look at the prisoners, do you know any of them? - Yes; the middle one in black is the man that I had in the ditch, (James Lake) he is the man I threw into the ditch, I cannot swear to either of the others, I had seen these three men come out of the Red-Lion.
It was pretty dark at this time? - It was pretty dark, Mr. Bull was the first person they spoke to, we fell in side-ways into the ditch.
I suppose you did not keep your feet, either of you? - Yes; both were on our feet when we got into the ditch, I can safely swear to Lake that he was the man I had in the ditch, nothing more passed than damn you stop, where are you going.
Deposed, he knew nothing of the assault, that he was ordered out by the magistrate with three or four of his people, on the 12th of March, and they went into the fields by the Green-Dragon, at Stepney, to go to the New-road leading to St. George's church, where there had been divers robberies committed, and met with these three people, the prisoners at the bar there; he then gave a particular description of taking the prisoners, and said he found the hangers on them that were produced in court.
PRISONER LAKE's DEFENCE.
When he met me I was going to my ship that I belonged to, he stopped, and said if I offered to stir he would blow my brains out.
Mr. Glenton. That after I had felt he had a cutlass.
Lake. And he took half a crown and two-pence out of my pocket, and a knife.
Court to Lake. What do you say to being in the fields at Islington the night before?
Lake. I was not in the place, I have sufficient witness where I was, I belonged to the ship since the 2d of March last, an Indiaman, the General Gordon, that man will swear any man's life away for a crumb of bread.
I keep the Magpye in Newgate-street, I knew Lake from year to year from a baby, he is employed now as a poulterer on board the General Gordon East Indiaman , the steward was along with me last Friday, to know where he was, I would not disgrace him, and I said he was down in the country at work, he said, Mr. Steel, let him come up as soon as possible, we want him as soon as possible, now we have dropped down to Gravesend, I would not speak any thing about his being in a goal, he left my house on Monday to go on board the ship.
What Monday was that? - On Monday the 11th of March, about six, seven, or eight o'clock, I do not know what time in particular, as I was out with my wife.
What has been his character? - Always an honest, sober, industrious young fellow as any in the world, I never knew any other of him in my life.
I live in Shoe-lane, near Holborn, I am a watchmaker, I keep a house there, I know Lake, I have known him eighteen years and upwards, he has been in the service of a brickmaker.
Chambers Anderson. I have known him for twenty years, from an infant, his character was that of a sober, honest lad, and said he could take upon him to say, he never saw him drunk in the
Elizabeth Phelps . I have known him from his cradle, I have been from home with him a hundred miles off, and never knowed him do a bad action in all my days, I was with him eight months a hundred miles off, in one house.
The prisoner came into the Hog in Armour, and asked for half a pint of beer, she drank it, we had a whole stand of pots at our fire-side drying, she was going and I overhauled her, and found those two pint pots under her cloak, on her apron string, she said a woman gave them to her that was coming soon, but the woman never came, I stopped her, and fetched a constable, and sent to Mr. Eldridge, he was out of town, but the mistress owned the pots.
Mr. Eldridge. The pots are mine, my lord.
Prisoner. I had got a drop of drink, and coming home at the bottom of Fleet-lane, I met one Kitty Thompson , she gave me something to hold, I went into this house for a pennyworth of beer, I should not know what to do with them, I have bought many a one but I never stole one, I have two small children.
Tried by the London Jury, before Mr. RECORDER.
On the 1st of February last, near eleven o'clock in the forenoon, I was walking up Fleet-street, the prisoner asked me for a bit of tobacco, seeing me take some, I gave him a bit, and we walked together for fifteen or twenty yards, several persons were going before us, there lay a purse between both our feet, seemingly a silk purse, he picked up the purse, I cried halves, he then said, if I would go to the next public-house he would give me half, he turned round by St. Dunstan's , and went into Clifford's Coffee-house, we went into a back room, where there was a gentleman looking man sat with a newspaper; the prisoner said, it will afford us six pennyworth, he put his hand into the purse and pulled out a bill and receipt for a diamond ring, two hundred and forty pounds received; I looked at the receipt, and he said, let that gentleman look at it, accordingly he read it as a receipt for a ring of two hundred and forty pounds value, the prisoner said he had no money, but he had a friend he could get my part of the value of, he said he would give me a hundred pounds for my part, and would produce the money in half an hour, and he would have the ring, he went out, and this other pretended gentleman said, he had the honour to be Mr. Child's (the banker's) head clerk, and he would serve me; the prisoner returned in about half an hour, he brought no money with him, he said he had none, and what to do he could not tell, for him to take the ring I should not be willing, and for me to take the ring he would not be willing, without leaving some security in his hands; this other gentleman looking man said, if you will put down five guineas I will deposit a 50 l. 10 s. bank note, and five guineas, and you shall have the ring, this was to make it sixty one pounds; I put down four guineas and a half, and halfWilliam Harris , I staid there all night, in the evening I went to Mr. Guest, bailiff for the four counties, he said he thought he could find the prisoner out, on the 22d of February I saw the prisoner in Covent-garden, I knew him directly, I went beyond him, looked at him, I said I knew him, he said no, be so good, says I, as to recollect the 1st of February, when I gave you a chew of tobacco near St. Dunstan's church, and you picked up a purse, I remember it well, says he, give me your hand, and you shall have the money directly.
Alderman Hart. Did he ask you for tobacco again, the second time? - No sir; then we went to the Coffee-house, the corner of Fleet-market, he then before two witnesses declared, he had the five guineas of me, and that if I would take the money again he would be obliged to me, which I certainly should have done, had it not been for James Cook , the fruiterer, in Covent-garden, who told me the man would bring me in for Compound Felony; we went to Bow-street, and the prisoner was committed, I have the ring and direction, it is in my possession, Guest had it three weeks.
Court. How do you know this ring is the same? - I look on it to be the same.
Can you swear positively it is the same? - No, my lord, I cannot.
Prisoner. Is counsellor Fielding in court, I was told that the bill was thrown out.
Mr. Sylvester. I will take it up for him.
You thought this purse was a good thing, did not you? - I could not tell what it was.
You cried halves at first? - Yes.
You know you had no right to it? - Certainly.
Then you knew somebody else had a right to it, you thought it was lost by somebody? - I knew it was not the man's property.
It was a third person's? - Yes.
With what conscience would you think of defrauding the man of it? - I did not know who it did belong to.
But you might have advertised it? - Yes.
Then you were both rogues alike, you both agreed to cheat a third person? - Beging your pardon I had no such meaning.
Then you would have proposed advertising it? - I did.
You did not say any thing? - I did.
The ring you had worth two hundred and forty pounds is not here, is it? - I imagine I had no such ring.
Court. Here is a ring, but he cannot posively swear it is the same.
The ring you gave to Guest might have perhaps been worth two hundred and forty pounds, you have not sold that ring now and put the money in your pocket? - No, I have not.
That is well, you advanced five guineas? - Yes.
You expected to have had some more money, and you was to have given up the ring? - Every man has a right to have something for picking a thing up.
I think not? - What is he to put it down in the street again?
No, he should seek for the owner? - I never heard any man say so before.
You should have said, let us lodge it in some banker's hands? - I wanted to go to the jeweller's.
Why they persuaded you out of your christian name almost? - Certainly, sir.
You are sure you did not defraud the man out of some money? - Yes, sir.
You defrauded him out of the ring, worth two hundred and forty pounds? - I wish it had been worth that.
If it had you would not have met him any more I suppose, it is a long way from St. Dunstan's church to the Borough, you did not go to any jeweller's for fear they should
Nor enquired whether they had lost a ring? - No; they kept the receipt.
What name was it? - I do not know.
You can read? - Aye; but very indifferently.
Could not you read where the man lived who sold it? - I did not take any particular remarks.
Was it a receipt? - Yes.
A receipt of whose, of Morrison of Cheapside perhaps, you took care not to see the man's name? - I saw it but do not remember.
You know you could have enquired at any jeweller or silversmith's shop? - Most of these people that go upon this footing, persuade people out of their reason, I was persuaded.
What are you? - A gardener.
Where do you live? - At Isleworth.
That is not far from London, you know what tricks are? - I come to London sometimes three times a week, sometime four.
To Covent-garden market? - To Newgate-market.
Still better? - I sell my own property.
And other people's sometimes? - Not without it is to oblige a friend.
Oh, to oblige a friend you would sell other peoples property sometimes, you have been in this way of life some years? - Forty years and upwards.
Aye, and coming to Newgate-market three or four times a week, and yet never met with such a thing before? - He was a clever looking man.
Why, you are a clever looking man? - I am not half so handsome as he was, to look at.
If he had brought the money you would have returned the ring? - Certainly, sir.
Did you go to Mr. Child's, and enquire about that head clerk? - I sent.
Sometime in February I had been in Covent-garden, and I went to Carpenter's Coffee-house, I saw the prosecutor and prisoner together, the prisoner said it was his first offence, and that he took him in about the ring, I asked how he could take in the prosecutor, he purposed to sent for a friend and get the money back, or to have his two hands tied behind him and go to get a friend, I said it would be dangerous to go so along the street, he sent a man for a friend, he was not there, a constable was sent for by one Mr. Cooke.
Court. If the man had come and given the money, there would have been an end of the business? - I fancy there would, my lord.
Did any body tell this man that it would be better for him to confess the truth and make an end of the business? - No, my lord.
Cross-Examination by Mr. Sylvester.
You live in London I hope? - I live in Covent-garden market.
You know this foolish gardener here? - Yes.
He has used the market often? - Yes.
Pretty sharp is not he? - Yes; we look upon him to be pretty sharp sometimes.
He does not appear to be that fool there he did here? - No, sir, we began to make game of him on that account.
You did not think he was tricked, you thought he was cheated? - We thought he was cheated.
If the five guineas had been produced all this would have been put an end to? - I cannot say but what it might.
He was told, I believe, by the poor gardener there, that if he got the five guineas there would be an end to it? - I proposed the matter.
To Kelly. Did the prosecutor make any objection to your proposal? - No; he seemed to agree to it.
I was in company with Clarke when he saw the prisoner, I and a woman went after the prisoner, he wanted to get away, and then to get the five guineas; I heard about the defraud, I cannot tell now what it was, the prisoner sent me for the money.
Court. What was to done if the money was brought? - I suppose they would make it up.
Mr. Sylvester to Clarke. You would not have refused the 100 l.? - I certainly should.
Why you are a greater fool than I thought you was.
Court to Clarke. Can you say that ring is the same you gave to Guest? Look at it, you are no great judge of things by the trick that was played upon you? - Sir, I am not, it is the first I ever saw of the kind.
Court. Should you have known the difference between a diamond ring and a paste one? - There must be a difference.
Are you wise enough to know it? - It was a dark room, and I could not distinguish what it was till I had had it and looked at it; when I came into the Borough I certainly did consent to take the money at first, till a friend told me I was in the wrong.
Prisoner. I have nothing to say, they told me there was no bill found, my friends were waiting yesterday.
315, 316, 317. JAMES LAKE , GEORGE HARRIS , and THO. LEE , were indicted for making an assault on John Burrell , on the king's highway, on the 11th of March last, having a weapon called a cutlass, which the said George Harris , then and there, had and held, with intent to steal the monies of the said John Burrell .
I was one of the six persons that was going to Islington , in going between the ditches, just beyond Mr. Gray's farm, we were attacked by three people; this Harris I passed, I was the last man, I went to look him in the face, just as I got up to my company, Mr. Myles had one of them in a ditch, Harris passed me, jumped into the ditch, drawed a cutlass, and was going to cut away at Mr. Myles I suppose; I hit him on the side of the head with a stick I had in my hand, on which he instantly got out of the ditch and hegan to cut away at me; I kept off his cutlass with the stick some time, at last he cut me through the hat, (he shewed his hat with a cut in it about two inches long). I knocked the cutlass out of his hand, I thought I had broke it, he ran away; immediately after we found this in the ditch (producing the blade of a cutlass with a handle.)
How do you know it to be Harris? - I am sure of it, he passed me afterwards, he cut at me several times, and I saw his face perfectly clear, I am very sure he is the man that cut at me; he was one that staid behind, and I being the hindermost man of our company I looked at him and saw him and saw him very plain, I looked at him while I was engaging him; it is natural for a person when engaged in single stick to look at the man full, to look steady in his face to see his eyes.
Have you any knowledge in single stick? - A little I have.
Was it-light enough to see his face? - Yes; I have no doubt about his face.
Have you nothing to say about the others? - No, nothing.
Mr. MYLES sworn.
There were three men you met? - Yes.
One of them laid hold of Mr. Bull, I understand, and you attacked him? - Yes; I throw'd him into the ditch.
To Mr. Burrell. Did you hear any thing said by any body? - No.
To Mr. Myles. What did you hear said by any of them? - When Lake catched hold of Bull, he said, blast your eyes, or damn your eyes, stop; where are you going? Immediately I pushed at him, catched him round the arms and went into the ditch with him; he spoke to a man along side of him, and said, damn him fetch him back.
Did you see any weapons? - When in the ditch I saw this dagger, as I looked on it to be.
Have you any thing to say against Lee? - No; I cannot swear to him, I believe nobody can swear positively to Lee.
JOHN BRIGHTWELL sworn.
I was the foremost, we were going from Bunhill-row on the 11th of March, about eight o'clock in the evening, I perceived three men behind me, I endeavoured to overtake them but could not, they walked very fast, about forty or fifty yards; when I came to Gray's farm, I found I was pretty near them, there was a path with two ditches, one on each side, when I got there I overtook one, two were on my left hand and one on my right, I saw the vacancy to go between, and I said, come along, to the rest of my friends, I had got a few yards a-head when the man came and seized hold of my collar, holding a cutlass up, and pointing it towards me; he said, blast your eyes you bloody bougre, where are you going? he had hold of me a few minutes, during which time I heard one of my friends say, damn me, I have done for one of them, for I have broke his cutlass; I thought he had an intent to let me go, by moving me from the spot where I was, I took hold of his hand and forced it from my collar, then he left me to go back to the other, I kept the path, and when I got up to the place where they had been engaging, I saw two men on the bank, who ran away.
Do you know who the man was that had hold of you? - I believe him to be the stoutest man there, Lee.
Had he any weapon? - He had a cutlass.
What is your reason for believing him to him to be the man? - I have not the least knowledge of his face, I cannot say to his face, I think by his size, he appeared to have a brown coat on, buttoned up, I saw him on the Friday following at the Rotation-office, I think he wore the same dress with the man that attacked me, I do not know his voice.
Does that shake your opinion as to his being the man? - No, it does not, I still believe him to be the man, I thought he made use of another voice when he stopped me first, and a different one before the justice.
What are you? - I am a shagreen case maker, springer and liner in the watch branch, we were five of us going to the Red-Lion, Islington, we meant to make a party to oblige a friend, and we met at the Blue Anchor, Bunhill-row, I never knew either of these men before.
To Mr. Burrell. At what distance could you discern the face of the man that attacked you? - I was as close to him as any man that was engaging.
Was it not rather dark? - Rather dark, not very dark, there were some stars out, Harris wore a flapped hat, not a round hat.
Do you know that it is usual for sailors to carry cutlasses? - I do not know that he, was a sailor, I know he had a cutlass.
Prisoner Harris was called on his defence, and said, I have nothing at all to say.
PRISONER LEE's DEFENCE.
I have nothing to say to this, any farther than I know nothing about the matter, I have got some people to my character.
What business have you been in? - I am in the cabinet business, my lord.
Mr. Newman was called by the prisoner Lee, who deposed, that Lee was a servant to Mr. Akerman, that he behaved very well during the time he was there.
Lee. I believe during that time my character stood very good, and has ever since.
LAKE, GUILTY .
HARRIS, GUILTY .
LEE, ACQUITTED .
Lake and Harris to be transported to the East-Indies .
Tried by the Second Middlesex Jury, before Baron EYRE.
318. THOMAS APOSTLE was indicted, for that he, upon the second of April , in the parish of St. George, in and upon one James Edwards , in the peace of God and our Lord the King, then and there being, in a certain street, called Bennet-street , by driving a cart and three horses, did make an assault, and by drawing a certain coach with two horses, against the said James Edwards , did force against him, and then and there threw down to the ground, and on the said James Edwards , the near wheel of the said cart did drive and force upon and over the said James Edwards , thereby giving the said James Edwards divers mortal bruises, in and upon the right arm, and divers parts of the body, of which he instantly died .
The Judge said, before the evidence was summed up, the substance of the indictment was, that James Edwards was driving a cart with three horses; that the prisoner was driving Lord Verney's coach, that he drove the horses against him, and threw the man down; and the indictment states that it forced the cart over him, and so gave him a mortal wound; the sustance of the charge is, that Lord Verney's coachman threw the man down under the wheel, and must hove done it on purpose; but from the evidence there is no foundation to suppose that he drove the cart over him, from the situation he was in; - we may pretty well collect the substance of this indictment, badly as it is penned. It is a charge against the prisoner of having either wilfully driven his horses against the man, with a design to throw him down, and so endanger his life, by falling under his own cart; or it is at least, a charge of having driven his own coach so negligently and carlessly, as by that carelessness and negligence to expose the driver of the cart to be thrown down and killed; in one case it will be murder, in the other manslaughter. If a man seeing a carman in a situation standing by the side of his horses, the cart going on and not liable to be thrown down by his own horses, if he will drive his coach upon him maliciously to throw him down, the necessary consequences of which would be to expose him to meet with such an unhappy accident as this, he would be guilty of murder for so doing; but if he did not do it wilfully, and on purpose to do mischief, he could not be guilty of the murder.
Thomas Edwards (brother to the deceased) deposed, that he heard his brother was run over, and killed on the 2d of April, that he went to Bennett-street, between one and two o'clock to a public house where they said he was, the two blue posts, there he saw him lay dead, the landlord did not know how it happened, but a little boy that stood at the door, said it was Lord Verney's coach that was drove over him, for that he had heard a hackney coachman say so, and that he had seen him knocked down under the wheel; he went afterwards and found the hackney coachman, he viewed the body, there was a mark of pressure on the breast, and his left arm was broke all to pieces, that he had heard his brother had been cut with three load of coals that morning, and was then going to Mount-street with a load of coals, when the accident happened.
Walter Langdon deposed, that he was a hackney coachman, and coming up Saint James's-street, turning into Bennet-street, that he followed a cart loaded with coals, that the man was on the near side of the middle horse of his cart, which was the proper place; that the cart was about the centre of the street when he saw Lord Verney's carriage turn into the street, at the other end of it, which was about twenty yards from the carriage, that it was coming
He said, that as he was coming down the street a gentle pace, and had got to the bottom of the street, the carman turned in, that he necessarily described a circle, and brought in his horses on that side he was obliged to bring his horses, which was the wrong side for him to have come down, that he stopped his carriage, that the man ran forward, probably to lay hold of his horse, to take care the cart was brought up, so as to let his lordship's carriage pass, in doing which, his foot slipped and he tumbled, that his carriage did not touch the man at all, but in running to lay hold of his own horse he tumbled.
Lord VERNEY sworn.
Deposed, that he was coming gently down Bennett-street, which was his general practice to go gently, that he never suffered his coachman to drive fast, that whenever the coachman attempted to do it he stopped him, that the carriage stood still when a very heavy laden cart was coming into the street, which he could not pass, till the cart had come forward enough to let his carriage come into the street; that he was looking to see what it was which occasioned the carman stopping, that he saw the carman running, rather staggering, as if he had slipped, that it did not occur to him, either of his horses could have touched the man, that it was a young horse on that side, but that he never moved, that the man staggered in that manner, that the horses were coming up on his lordship's carriage, that the man fell down just opposite to his chariot door, directly under the cart wheel, that the cart passed on, and there was nobody there to prevent it, it was so sudden a thing it could not be stopped, that he sent for an apothecary, but the man was dead, that in his apprehension the coachman was not in the least to blame, that it was a meer accident from the carman's turning in when he had got so near the end of the street, and it was the effect of the carman running to lay hold of his horses, that caused him to slip and fall; that he could not take upon him to swear positively his horse did not touch the man, as he could not see the horse's head, that his chariot has a box to it; the whole line of the horse he could see, but he saw nothing of the horse touching the carman, that the prisoner has been his servant a great number of years, that he was bred up in his family, that he never had any complaint against him, he is a very careful driver, and a very good servant, and very unlikely to be neglectful where danger might happen in consequence.
Charles Thompson deposed, that he was behind Lord Verney's carriage, that the horses came a shog trot, that he did not see any thing of the cart till it came on the side of the chariot, that the driver came staggering up to the horses, and fell down under the horses, and the wheel went over him, that he was in such a situation as not to be able to see what was the occasion of the man staggering, whether it was by the circumstance of being pushed by one of Lord Verney's horses, or by a trip, or any other means he could not say, but the carriage stopped at the time the man staggered, that he cannot describe time so exactly, as to say, whether the carriage had stopped any considerable time, only that he was sure the moment he saw the man
Mr. Macnamara deposed, that he often had been with Lord Verney in his carriage, and had an opportunity of observing how the prisoner drove, said that he was a very extraordinary driver, very careful and very steady, and that he wished his own coachman to drive but half so careful and steadily.
ACQUITTED of the murder, but found GUILTY of Man-slaughter .
Ordered to be branded and discharged.
319. PATRICK NOWLAND , the younger, was indicted for the wilful murder of Patrick Nowland , the elder, by making an assault on him, on the 4th of April , inst. feloniously, wilfully, and with malice and forethought, by beating, kicking, and throwing him on the ground; thereby giving him on the head, breast, sides, and other parts of his body, several mortal strokes, wounds, and bruises, of which he instantly died . He was likewise charged upon the Coroner's Inquisition with feloniously kicking and slaying the said Patrick Nowland the elder.
Wm. Smith deposed, that he was a dealer in wood, and had lived in Great Round-court, Chancery-lane, twenty years, that he never saw the deceased till an hour and a half before his death, that he was coming up Lamb's-conduit-street , and saw a mob at a door about last Thursday was a week, and went and looked over the window which he saw down, and saw a man sit in a chair that was dead; that he asked where the man was that had murdered him, they said he was gone, that he asked them why they did not detain him, and they said who the devil would, for he had murdered one already; that he said it was very odd not to pursue him, and immediately went in pursuit of him, and as soon as he had crossed Queen's-square, by the Duke of Bolton's, he saw a man running, he cried out stop him, and he run into the fields; that he run him near three miles before he took him, that they went over fields, hedges, and lanes, and every place, that he fairly run him down till the man was tired and could run no further, that he himself was as much tired as the man was, that he said, I am very glad I have catched you, what do you think of being guilty of such a rash action as murder? the man said he was a cousin of his and struck him first; that he made answer, you should have had more partiality than to have struck him so hard; he said the whole occasion was, it kept him from ever striking another man; and that was every word that passed.
Joseph Farrell deposed, he was in company with this man at the Half-moon or the Sun, he could not tell which, in Lamb's Conduit-street, it was on a Thursday, that the deceased and another man had some words, that the deceased struck the other man, and the prisoner strove to make peace between them, that he was endeavouring to make the other man sit down and be peaceable, that he did not hear what passed between t he deceased and the prisoner, that when he turned about in the room, he saw the deceased and the prisoner in a posture for fighting, that they struck at one another directly, they had two or three rounds and falls, they had three rounds he believed, and some falls on the chairs in the room, and on the seats of the chairs and broke them down; that it was a boarded floor, then they stripped off and challenged one another and began to fight, they had fought some time when the prisoner at the bar desired he would make it up, and said he knew that he was able to beat him if he continued fighting, and he would make it up; that the deceased said he knowed he was not, and therefore he never would give it into him, and therefore the seconds said let them fight it out to see which is the best man, they went to it again, and had three rounds afterwards, and the prisoner at the bar gave him a wound on his neck, and closed him, and gave him a fall, and the man never moved afterwards.
William Taylor deposed that he kept the house, that the deceased was the first person who came in along with one Burne, who was a victualler as well as himself, about three o'clock, that his cooper and him were in the house, he had been taking stock in the cellar, that these two men came in and had four, five, six, or seven pots of ale, and were good friends; that the deceased came in first with one Burne a milk-man, they had a pot of ale, and they had a glass a-piece, and then came in the others; that Joseph Farrell came in last, that they were all Irish men who were together, they seemed to be joking and laughing and very merry, there was an Irish woman came in and drank a glass with them, and then they all called for another pot, and he went to fetch it, that while he was in the cellar, as they were over his head, he heard a sad noise, that he went up and was going to carry the ale into the parlour, but his wife said for God's sake do not go in, they are fighting, that he said he would go in and make peace if he could, that the cooper followed him; when he was in he took hold of Burne, that he saw the prisoner at the bar, and the deceased a fighting, that he set down the pot and catched hold of one, and said for God's sake let us have no disturbance here, my house is a house of credit; that Burne took hold of him and threw him down on the floor, and said the first man that offered to part them he would kill him; that the witness was much frightened, seeing the chairs and every thing broke to pieces, they were stripped to fight, and they fought a quarter of an hour he believed, they insisted on fighting, and the prisoner at the bar wanted to give out; the deceased said he would not, he advised them to give it up, and told the deceased he knew nothing of fighting, that there was a oachman in the room whom he set to keep them off the chairs and windows, that they broke the chairs and the arms entirely off, that the deceased struck one man on the side of the face, because he thought he rather shewed favour to the prisoner, that he himself was looking at the man that was struck, and in the mean time the deceased and the prisoner had a round, and whether it was a knock down blow, or what they call a cross-buttock he did not know; but as he turned round the deceased lay on his back, on the floor; there were neither chairs nor tables to hurt him, it was quite fair on the floor, they said he was dead, that he moved neither hand nor foot, and he could not perceive he had the least breath in his body.
Samuel Spriggs deposed, that he was at Taylor's, the public house, where it happened, doing business as a cooper, that Taylor's wife came to him and said, for God's sake come here, there are two Irish men fighting, they will kill one another; then he and Mr. Taylor went into the room where those men were fighting, that he got in between them and begged they would desist, and said he would not have such a disturbance in his house, that the little man that calls himself Burne, took the landlord, struck him, and threw him down on the floor; then he, the witness, attempted to go between, and Burne said by the Holy Jasus, if you attempt it, we will kill you; the landlord got in between, and he said if you do interfere, by Jasus we
Court to Prisoner. Is this account all true?
Prisoner. Yes, my lord.
GUILTY of Man-slaughter .
To be branded and discharged.
320, 321. JOB WILKINSON and JOSEPH CLARK were indicted, for feloniously making an assault upon Charles Booth , on the King's highway, upon the 31st of March last, putting him in corporal fear, and taking from his person, one watch, the inside case made of gold, and outside case of tortoise-shell, value 3 l. one seal, value 3 s. and one metal watch key, value 6 d. his goods and monies .
Mr. BOOTH sworn.
Upon Sunday evening, the 31st of March, a little before nine o'clock, I was stopped in a hackney coach, in the road that leads to Tottenham-court, as near as can be guessed, at the end of the Duke of Bedford's private road, that leads to Bloomsbury , one man opened the coach door upon my side.
Were they on horseback or on foot? - On foot; his face was disguised with a crape, he demanded my money and my watch, I gave him six or seven shillings in silver, and likewise my watch, he then afterwards asked me for my silver buckles, I told him they were black, he might take them if he pleased, there was in the coach a lady of my acquaintance, and two servants upon the other side, there were two men, they appeared to me to have crape over their faces likewise, one of the servants is here, the lady was not bound over to prosecute.
Then you saw three in all? - I saw three, whether there was one held the horses heads, I cannot say, I am not certain, I cannot swear to the prisoners as they had crapes over their faces; as soon as I came to town, I went to the Bear, in Bow-street, and gave a description of my watch, as well as I could, I could not tell the number, the seals in particular are very remarkable, they said I had better send over to the office, the clerks came and took the description of it, this was ten minutes after ten when I was at the Bear, in Bow-street, and a little after eleven, one of the runners at the office was at my lodging, and gave an account, that there was a person taken, that my watch was found, according to the description that was given; I was not at home when they came, the next morning I went to the public office,
Did you make any observation as to his dress? - None at all, it was an exceeding dark night, I could not distinguish them.
Was you in the coach? - Yes.
Was you robbed? - Yes.
How many people were there? - There were three, two on my side of the coach, I was too much frightened to look at their faces.
Do you know any thing of these two prisoners? - No.
What did you lose? - A dollar, a new shilling, and a sixpence, and the fellow handkerchief to this, and a purse.
Were they found? - Yes; my dollar is found, I think it is mine.
Upon the 31st of March, last Sunday week, there had been an information given to the office, of five footpads robbing about Pancras, we were ordered out, seven of us, we went to the George, at Pancrass, we went there about eight o'clock, we asked the woman for a candle and lanthorn to go and search the workhouse, we went with a candle and lanthorn to search the old workhouse, we were told they used to harbour there; we had not been long come out of that before we met the five footpads, all together, five of them, the first I laid hold of was Clark.
What time was this? - This might be near nine o'clock, if not quite.
Whereabouts was it? - Between the George and Pancras workhouse, I laid hold of Clark immediately, one of our people said, there were seven of us, they are all here together; Clark immediately drawed his hanger upon me, and M'Manus came up to my assistance; says he, you bloody thief you, if he had not come up directly, I would have cut your head off; we secured him, he dropped his hanger immediately, the others ran away, our people took him home as fast as they could, I went to Mr. Hemmings's, of Cold-bath fields, as we heard one lodged there I told him we had been attacked by five, and four had got away out of the five, I think if all our people had come up we should have got most of them; Clark made use of a very particular expression, says he to them I saw the light in the old workhouse, and I said it was the traps, (meaning the thief-takers) one made answer, no, it can't be the traps, it must be the old woman that used to lay there.
Did they say it to one another? - No; he said it to me, that they had said, it must be the traps, and that he said, no, it cannot, it must be the old woman that lies there.
Are you sure it was the tall person, Wilkinson, you saw there, when you laid hold of Clark? - Yes, my lord.
This was a little before nine o'clock? - It might be thereabouts, we did not go out till after eight o'clock from the George.
What did you do with Clark? - We brought him immediately to Bow-street.
Was any thing found upon him? - Nothing in particular, only that hanger that he dropped.
Prisoner Clark. He has swore as false as God is true, I never said such a word as I would cut his bloody head off.
Counsel for Wilkinson. What makes you certain Wilkinson was behind him? - Yes, sir, I am certain, if I see a man's face half a year back, I can tell him again.
You are sure Wilkinson was the man? - Yes.
I was out upon Sunday, the last day of March, along with some officers of Bow-street, in search of some people that robbed upon the St. Pancras road; we went out one by one, not together, we got to the public-house called the George, the bottom of Fig-lane, a little after eight, we got a candle and lanthorn, and went to the workhouse, where we were told they used to be some nights, we searched and found nobody there, we returned to the George,
What time might it be? - About nine Jealous laid hold of the prisoner, Clark.
How many did you see? - I saw two then very close to me, the tall man, and Clark; when Jealous laid hold of Clark, he said damn you, if you draw your cutlass I will blow your brains out; I hearing the word cutlass I turned round immediately, and took the but end of my pistol, and hit him, he dropt down, and he dropt his cutlass, it was drawn about that much out (drawing a hanger out of the scabboard about six inches) then we took Clark down to the George. When I got hold of Clark, says I to Jealous, run after that tall fellow, he is a soldier I am sure, you can run faster than I; he came back a little after and said they had got into the fields; then we went down with Clark to the George, we washed his head which was bloody, we got him to town, when we came to town the watchman was going ten o'clock.
How many in all did you see? - I think I saw three, another man not taken.
You saw but three in all? - I think not, I said I had got the cutlass, our people began to run after the rest.
How soon after did you see Wilkinson? - About eleven o'clock that same night.
Did you hear Clark say any thing about the light? - Yes.
What was it? - Clark said, Damn my eyes, I told them we should be done, for I saw a light at the work-house, and I told them the traps were there, but they would go on, they would not take his advice. Says he, damn your eyes you will be done if you go on; so some of the party said no, it is the old woman that lays there on nights.
Was there another tall man in company of those that you saw? - I don't know, Mr. Dickson was in company, he is a tall man, and many more people.
I thought you said you saw three? - Yes; I did see three, the other was a short man, he got away.
Was you out with these people? - We were coming from the old workouse, upon the back of the George we met some people in the road, Clark was one, and that other man at the bar was the other, I saw but four, I believe some of the people said there were five, the two prisoners were close together; Clark was the first, and the other next to him, when I looked Jealous had hold of Clark, and I thought M'Maney had hold of the other; and I pursued the other man that I saw run in the road; Gray drawed a cutlass and made a blow at me, and immediately I fired at him, and he got away, they got on the bank, and I fired again at them, they got away, and that is all I know.
What time of day or night was this? - Near about nine o'clock as near as I can say, it was past eight before we went out of the George, and we had been at the workhouse some time.
I am a stick-head maker, I live facing the Apple-Tree, Cold-bath-fields, Mr. Fielding's men came and gave Information there was some thieves about, I went out me and my wife to supper, I saw three men coming along, I says to my wife there are some of the men, I do really believe, that these men have been after, (this was about a quarter after nine) I saw them just facing Mr. Hemmings's, they came out of the fields into London, so I went and told Mr. Hemmings I thought these were three of the men, as Mr. Hemmings came out to me they went into the fields again, after they saw us coming over the way, they were on the other side of the way; Mr. Hemmings said it is of no use our going after them, we have got no arms, we went back again and
What was found upon him? - I think a dollar, two half-crowns, a silver watch, two new shillings, a six-pence, a button, and I think two handkerchiefs, which appeared to be silk.
Were any arms taken from this man? - No.
This was the tall man? - Yes, sir, the other two men ran away I fancy, which was about a quarter or half past nine, I cannot justly tell to a quarter of an hour, I saw something shine, Mr. Hemmings's girl picked it up.
Mr. HEMMINGS sworn.
On Sunday was se'nnight last, about nine or half after, I believe near ten, it must be near ten, Sir John Fielding 's people came and told me, they had had an engagement with some footpads at Pancras, and that one belonging to the gang was somewhere opposite me, in a little house opposite to me, I told them they might depend upon it, if I saw any person of that description, I should certainly take them into custody, or use my endeavours so to do; a little after ten, Mr. Nicholls, my neighbour, came and informed me there was some people talking in the field, opposite my house, I went out with Mr. Nicholls, but hearing voices did not think it prudent to go into the field to apprehend them; sometime after I had returned to my house, I went out of doors again, then I saw the prisoner Wilkinson, and two others, come out of the field, opposite to my house, I ran and called Nicholls out, Wilkinson was then without his hat, and seemed as if he had been running, I walked on one side of him, by the skuttle-ground wall, Mr. Nicholls and I secured him, the other two ran away, as soon as I laid hold of him, we struggled very much, for the space of twenty or forty minutes, I quitted my hold of him, to pick up an old coat that was dropped, and I saw him stoop, as if he meant to drop something, Mr. Nicholls called out that he had dropped something, and called to my servant, Nan, says he, pick that up, with that my maid brought me this watch, she gave it me, and told me she picked it up, I saw her stoop and pick up something.
I was close to the place where it was dropped, I don't suppose farther off than it is from this gentleman, here is the watch, (producing it) I secured him and took him into my house, and I thought it most expedient to send for a constable, I sent for my neighbour Davis, he was searched in my presence, and there was a dollar, a halfcrown, or two, and two new shillings, found upon him; we took him to Bow-street, and when we got him into Bow-street, the gentleman had just been there, giving his information of this watch that had been found, he gave a very minute description of it, we searched him, there was nothing farther found.
You did not see him quit any thing, or put any thing out of his hand? - I saw him stoop.
Mr. DAVIS sworn.
I am a constable, I was sent for to Mr. Hemmings's, the Apple-tree, I searched Wilkinson, (he produced a handkerchief containing another handkerchief, a silver watch, a dollar, two halfcrowns, two new shillings, a sixpence, and a leather snuff-box, I believe it is).
I live at Mr. Hemmings's, I picked up the watch, I ran out to see what was the matter, I saw my master and Mr. Nicholls had hold of this man, he was struggling to
Mr. Booth deposed the watch was his, and that he had it seventeen or eighteen years, and took an account of the number, but could swear to the watch by the case, which was mock tortoise-shell, and the seal which was very remarkable, that it had engraved upon it,
"Provision for the Convent." with the words upon it, and the other seal was his own arms.
Sarah Hart , deposed the dollar produced in court had two little pieces of dirt upon it, that it looked like her's, that one of the new shillings was her fellow servant's, the other they took from her, but she cannot swear to them, there being no mark upon them.
To Booth. Is there any circumstance by what you can fix the time you was robbed, with any degree of exactness? - I had been up to Islington, from thence to Bagnigge-Wells, and I think it must be about a quarter before nine, it was about ten minutes after ten when I got up to Bow-street.
To Dickson. What became of you after Clark was taken? - We took him into the George and stopped there a few minutes, and then brought him to town; Mr. M'Manus and some other officers went to the watchhouse, and we went to Hemmings's, I looked upon it near half an hour before we got to Hemmings, we got there a little before ten, or within a few minutes, as soon as we left Hemmings the watch was crying ten o'clock.
How far is it from the place where you took Clark to Hemmings's? - It is no great way, Mr. Hemmings's is in Cold-bath-fields, and this is a little beyond the Adam and Eve, at Pancrass, it is not above ten minutes walk, but we stopped some time to look in the ditch for the cutlasses, where they got over, and that detained us.
Mr. M'Manus was asked what time he got to Bow-street with the prisoner? - He said as they passed by Red-Lion-Square, the watchman was going ten, that he stopped some considerable time at the public-house where he carried Clark.
I went up to Middle-Row, Holborn, the narrow way of Holborn, and was coming home again, I went to ease myself at this place they said they saw me come out of, and was coming across the way, I had my hat in my hand, and they laid hold of me and took those things I call my property from me; that watch is mine, I have had the dollars three months, I bought the watch of my brother, and gave him two guineas and a crown for it, there was no body else with me, I never saw this man at all, there was a dollar, two half crowns, two new shillings, two old ones, a sixpence, and my watch and handkerchief there, upon one side with I. W. upon it.
I live in Clerkenwell, I am a hat-maker, I have known the prisoner, Wilkinson, between seven and eight years; during that time he has been a very industrious hardworking man, he has been a soldier, but is not now, he is a child's doll-maker, and a toy-man.
Charles Smith , a basket-maker, deposeth, he hath known the prisoner eight or nine years, and always looked upon him as an honest man, and never knew any reason to suspect the contrary, he brought me some work home last Saturday was a week.
PRISONER CLARKE's DEFENCE.
Jealous says I drawed a cutlass, and said I would cut his head off. M'Manus said I will blow his brains out. I had nothing found upon me. I was taken to the Round-house, and in bed in the Round-house before the watch went ten. The robbery I am now tried for was committed about nine o'clock, I was up and examined at Bow-street, and to the Round house, and in bed
WILKINSON, GUILTY . Death .
CLARKE, GUILTY . Death .
322, 233. ELIZABETH MORRIS was indicted for stealing, upon the 1st of March , one Marseilles jacket and petticoat, value 20 s. two linen sheets, value 4 s. a linen shirt, value 3 s. two linen-handkerchiefs, value 7 s. a silver cream-pot, value 5 s. four silver tea spoons, value 5 s. a silver table spoon, value 8 s. four table knives and forks, value 3 s. and some other articles of linen and cotton, wearing apparel, the goods of Hugo Newhouse ; and several articles of wearing apparel the goods of Susannah Wiggins , spinster , and a bedgown, the property of Diana Humphries , in the dwelling-house of the said Hugo Newhouse ; and MARY BOWES was indicted for receiving a jacket and petticoat, the silver cream-pot, and some other articles knowing them to have been stolen .
I am wife to Mr. Hugo Newhouse , of Bolton-street, Picadilly , he is a miliner , we lost the goods the 1st of March, we had a maid for eight days, she ran away without leave, it was the prisoner Morris, she was with me a week, she went away the first of March, I missed my things in half an hour after; I missed a jacket and coat, two shifts, a shirt, two silk handkerchiefs, four pair cotton stockings, a silver cream-pot, &c. a cotton handkerchief, a sheet, and a towel.
Who is Susannah Wiggins ? - She is one of our work people, she lost some things, all what was mentioned before belonged to me, I did not see her take the things, the silver things were in the kitchen, the wearing apparrel from the two pair of stairs, Mary Bowes found a part, I heard from the pawn-broker.
Susannah Wiggins . I lost a flowered apron, some blond lace, gauze, and ribbon, the petticoat and bed gown belonged to Ann Humphries , I don't know how they were stolen, they were missed in half an hour after the prisoner left the house.
Had you seen them within a short time before? - Yes, that day.
John Davis . I live in petticoat-lane, facing Widegate-alley, I am a pawnbroker; Mary Bowes brought two handkerchiefs to pledge in her own name, on Saturday morning, the 2d of March, she brought a milk-pot, and a table-spoon, pledged them for 18 s. she said she wanted some more money to pay some rent, in a quarter of an hour she brought a Marseilles jacket and petticoat, I disputed it, she said she would put it on, it fit her, that she had 20 l. worth of things, on Monday I saw the things advertised, I took the prisoner Bowes up on the Tuesday morning, and went to Mr. Wright's office, where she was committed. (He produced the things in court.)
I am a constable of the royalty of the Tower, where Mrs. Bowers lives, I was sent for to take charge of her, and I did, and went up to Bow street with her, she said it was her own property, Justice Wright told her the consequence how hard it would go with her, if she did not find this Betty Morris , she was timersome, and begged as a favour I would search after her, I asked her whether she had in the course of the day or evening seen her, she said she would be at her lodgings that evening, I went back to her lodgings, they promised me faithfully they wou'd send their little girl to let me know when she did come, they did so, I took her the same evening, and had her up to Bow-street, and found her mistresses properly upon her, which I have got here.
What was it you found upon her? - A morning cap and some lace robbins, this is the Lady's property, and here is a morning gown the Lady's property, a handkerchief,
Mrs. Newhouse deposed the things were her property that were found and produced in court, but the bed gown is a young Lady's that lives in the house, it belongs to Miss Humphreys.
What did the girl Morris say about it? She said the same.
Mr. Collier. Mary Bowes said before the justice, the girl was gone in the country that she had them of, and would not be back for a week, that she kept a stall in Covent-garden market, and never was in service, that night I took her she denied living with this lady, and said, she never was in service in her life, but she confessed just before I got to the lady's house, she said it did not signify denying it any longer, she was the person that committed the robbery.
To Mrs. Newhouse. Look at the things Davis has produced, the Marseilles jacket and petticoat, milk-pot and table-spoon.
What do you say to those? - They are all mine.
Davis. We found a good deal more of this lady's property, almost all of it in the lodgings of Betty Morris.
Did you ask Betty Morris about them? - No; I never have asked her about it.
I am not the person that has done it.
Court. How came you by the things that were found upon you, belonging to this lady, Mrs. Newhouse?
Morris. A woman that is acquainted with a woman, that came into the house with it.
Who is that?
Morris. She is gone down into the country, this woman here is innocent, she knows nothing of them, any farther than I gave them to her.
She came to my place, and told me she had a letter out of the country, from a brother of her's, with these things, she told me, when she got the letter out of the country, she would go and see them, and told me would be obliged to me to go and pawn then, as she was not acquainted with any person in that part of the world, I went and pawned them, I did not know they were stolen, or I might have taken them to a strange pawnbroker's, where I was not known, I took them to a pawnbroker's I knowed, and put them in my own name, which I did not know the consequence of it.
ELIZ. MORRIS, GUILTY ( Death .)
To be confined to hard labour for two years in the House of Correction .
Recommended to mercy by the Jury.
THOMASINE STEWART sworn.
These things hung up to dry on the 21st of February, I hung these shirts in the yard to dry, the prisoner at the bar took the shirts, a boy coming up with beer for supper, told me there was a foot in the passage, I ran down, this was about half past eight o'clock, I found the street and yard door open, I ran out and took the prisoner, at about fifty yards distance, I took him with the shirts upon him.
They were the same I hung up in the yard, they partly belonged to myself, and part to a captain I was washing for, I take in linen to wash, I took the shirts that I found upon the prisoner, I am sensible they are the same shirts, because I washed them, they were almost dry, not ironed, I could swear to them all, when I stopped him my husband was with me, the prisoner said, he did it for poverty, he was just starving, he did not deny taking them, he said he did it for want.
I was not seen in the yard at all, she found no shirts on me; I have no witnesses.
To be publickly whipped and discharged.
Tried by the Second Middlesex Jury, before Mr. RECORDER.
On the 25th of March I met the prisoner with this piece, between six and seven, in Whitehart-yard, I saw the beef and a hook sticking in it, I thought it was stolen, I asked him where he got it, he said, if I had any demands on it to take it, he threw it down, I went to lay hold of him, he struck me, he got away, I called stop thief, and he was laid hold of before he was out of my sight; I carried the beef to Mr. Lingard's house, they said they had just lost it.
Mr. Lingard. The beef the young man brought to my house is the piece I lost, the hook was in it, it is remarkable, I remembered it, I could swear to the beef, I cut it myself.
That evening I came from Westminster-market; I had been down to Fleet-market, the King's-head, and spoke to a person to get me into work, I saw somewhat lay along against a door, I stopped to see what it was, seeing no person near it I took it up, and found it to be a large piece of beef with
To be publickly whipped , and discharged.
Mrs. Glegg deposed, the prisoner came to her house about two o'clock on the 11th of March last, and she saw him put a pint pot in his pocket, he had been served with a pennyworth of beer, she went to him and charged him with taking a pot and having it in his pocket, he said, yes, but he had got two, they were taken out of his pocket by a gentleman present; he had a quantity of melted pewter in a bag, which he dropped down, when he went on his knees, and asked her to forgive him; John Bolton was in the house and saw him take them out of his pocket.
Mr. Bolton confirmed her evidence.
I have been ill for many months with the rheumatism last winter, I had been drinking that day, it confused me, I went into the house for a pennyworth of beer, and set down, and gave a penny to the lady at the bar, she said you have got a pot of mine in your pocket, I put my hand to my pocket, and said here are two, I was very much surprised, I was very weak and low, and hoped she would let me go, she never offered to search me, and I might have taken one of the pots away, I have been five weeks confined, and very ill, and no allowance but the goal allowance, I beg for mercy, if I recover mercy of this court I shall go to my own parish of St. Luke's till I get better.
To be confined to hard labour six months in the House of Correction .
Tried by the London Jury, before Mr. RECORDER.
Ralph Chambers deposed, he watched the prisoner, and saw her sake the bridles from the window, he pursued her, and took her, and found them upon her, though she denied having them, they were his own work.
Said she knew nothing of them, and never took them, that they were not found upon her, that she had not a farthing in the world, had two children, and no friends, and was accused of the things wrongfully, that her character was stained, and did not know how she should appear now.
To be privately whipped and discharged.
Gabriel Coak . I am servant to Mr. Joddrel, last Sunday about four o'clock, the prisoner at the bar came, there were two cloths laying in the store-room, I was in the kitchen, saw somebody run out of the store-room, I went and laid hold of him by his arm and asked his business, he said he came down after a little dog, I shook his arm and the table cloths appeared, I took them from under his coat on the left side, a constable was sent for, the tablecloths belonged to my master, they were taken out for dinner, they were missing when I came back.
Prisoner. I leave it to the mercy of the Court.
To go to the East-Indies .
328. JOHN ASSTILL was indicted for stealing, upon the 6th of March last, two saddles, value 20 s. a leather bridle, value, 5 s. a cart with wheels, value 10 l. two pair of harnesses for two cart horses, value 3 l. a sledge hammer, value 6 d. 4256 pounds of potatoes, value 10 l. a number of sacks, value 30 s. the goods of John Trevallion , privately in his stable . Another count charges him with stealing two geldings, the property of the said John Trevallion .
I live in Denmark-street, Ratcliff-highway , between the 15th and 16th of March I lost my cart, I discovered it in the morning, about one in the morning I missed a cart with eleven sacks of potatoes out of my yard, the stable door was broke open, and two horses, and the harness taken out, two saddles, one bridle, and one sledge hammer; I found two horses in the Green-yard, with the harness cut to pieces, the ends and the chains taken off, the keeper of the yard said a watchman, from St. Sepulchre's, found them on Snow-hill, and brought them there, on Monday the cart was found at Black-fryar's bridge, with the names taken off, and the ropes cut, it was left in a ruinous place, almost by Puddle-dock, with the name and number taken off, and the wantey taken off that goes under the horses belly, I took my cart home, on the Wednesday a man came and gave me information that he had found the potatoes, in Freeman's-lane, Horsley-down, there we saw them, we found nine full sacks and two empty, at the bottom of Freeman's-lane, Horsley-down, in a warehouse, I there gave information; a little before five we went and took the prisoner the same day, at the top of Freeman's-lane, I found a pair of harness at the place where he lived.
Prisoner. I never dwelt in the house where the harness were stolen.
I found a bridle, and a sledge hammer, and two empty sacks in the warehouse, where the potatoes were, and the bridle and saddle, and I found the harness in Irish-court. I am a green-grocer, the prisoner at the bar came to me on the 20th of March, about half past seven and lifted up the latch of my door, and asked me if I wanted to buy a lot of potatoes, I live in Woodbridge-street, Clerkenwell, he took me to the bottom of Freeman's-lane, beyond London bridge, and they were in this warehouse, nine sacks full and two empty, he told me the price was 16 s. a sack, he then said 15 s. I offered 12 s. and said I would have two, he said it would not do, he came back with me to the bridge, I was going away, he asked for the other shilling, I would not give it, he said I should have them at twelve, I said where can I find you, he said at the Cock in Freeman's-lane; when I came there, with Mr. Delavall, we took the prisoner at the bar, I went to Mr. Dawson, the potatoe-merchant about it, and he told me not to buy them, for a load of potatoes had been stolen out of a man's yard.
James Green deposed, that he likewise saw the potatoes found.
Ann Lees deposed, the harness were found in the court, the 5th house, about three weeks ago, that she heard the ratling of the chains over night; in the morning she went into the prisoner's apartments and saw them, and asked his wife if they were the things her husband brought home the over night, and she answered yes.
Mr. Trevallion deposed, these were his harness that were found in that room.
Concerning what that woman has been saying, I can prove an alibi; whereas as to the potatoes, the man came to me on the Monday evening, I have been in the potatoes business, I have laid scores of pounds out with Everingham, whom the sacks belong to; I kept a warehouse in Old-gravel-lane, and was a salesman for farmers six years, and my father for twenty years before that; business being dead, within a twelve-month, I moved; a man came to me on Monday evening with the appearance of a gentleman, and told me he had a quantity of potatoes to dispose of for a debt, and asked if I would buy them, I told him I did not know, where did they lay, he said they were in a warehouse on the other side of the water, would I go look; I said I would go; the next day about two o'clock I went with him to the warehouse, it was not locked, he took about a handful out of the sack and told me they were washed, I said I would not buy them, being washed, as there were so many, I knew they would lose their colour before I could sell them; he said as I had been a salesman for farmers, would I sell them, and he would pay me for my trouble; I told him I would endeavour to do it, I went to this man and informed him such things were in my care, I went to the warehouse, it did not belong to me, I never saw the warehouse in my life before, I offered this man the goods for 15 s. a sack; knowing the goods being washed, and so many, they would change their colour; the man refused to give it, he said it was too much, the goods had changed their colour then already; I told him I would take 12 s. which he agreed to give. He appointed a time to meet me, and that is all I know of the matter.
William Astill was called to the prisoner's character, likewise to prove an alibi; he deposed, that the prisoner came to his house on the evening of the 15th, said he was about taking a sand wharf, in Thames-street, and he must look to him for the money, he wished him to go and look at it; that the prisoner came to drink tea with him, and he told him if he would stay all night he would go with him early in the morning; they got up and breakfasted. As he staid all night they went to bed about eleven, the prisoner slept in the room above him, he keeps the whole house, in the morning, at breakfast, he told him he was very ill, and thought he could not go with him, that they had a coach, his head ached very bad while he was in it, he went home again and was confined to his bed from that day for a good while; it was on the Friday evening the prisoner had come to him, and on the Saturday it was he was taken ill about ten or eleven o'clock, that he went back and left the prisoner, who went his way.
Upon his cross-examination, he said he was purveyor of scales and weights to his Majesty, and had his Majesty's warrant for that purpose; by purveyor, he meant scale-maker, in ordinary; that he lived in the butcher-row, and had the King's-arms over his door, that he was confined to his bed ten days; he does not suppose he eat an ounce of any thing during that time, that he recollects with great certainty, the day of his being taken ill, and likewise his having the money without sending his wife out for it to pay him, he did not know where the prisoner lodged at that time; that the prisoner had been in the potatoe and cartAnn Lee a good many years, her mother and she had a room in his mother's house sometime ago, he never had any connections with her or her family, any further than as a lodger, and till this affair, the prisoner's character was unimpeachable.
The prisoner said, the prosecutors, either of them, had known him for years, from a child.
Mr. Everingham then deposed, that he knew the prisoner, that he had served him for two or three years, and did very well for him.
Ann Lee was again called, who deposed, that the prisoner and his wife had lodgings of her, in White-horse yard, that she was going to move into Harwood's-court, that she moved her things, and left Mrs. Astill to move her things, that the same time she moved her things, and left the rest at the old house; she recollects hearing the chains rattle in the night, and in the morning she saw the harness, she had lodged six weeks with her, not in Harwood's-court, for she had been there but a fortnight from last Monday, that she lived in White-horse-yard when the things were brought, that the prisoner's wife removed with her into Harwood's-court, after he was taken up.
GUILTY of stealing the harness from the stable, and the potatoes from the yard, but not guilty as to the rest .
To raise sand and gravel two years on the river Thames .
329, 330. SAMUEL FORD and EDWARD SCANDERETT , were indicted, for feloniously making an assault upon John Baker , in the King's highway, on the 28th of March , putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. a steel chain, value 2 s. a pinchbeck seal value 4 d. and a silk handkerchief, value 6 d. the goods of the said John Baker .
I was going up Wapping the 28th of March, about ten minutes after seven in the evening, I perceived the two prisoners just before me, the tallest man, Ford, took hold of my coat, by the skirt, and said, hallo, and stopped me, while I was looking round, the other, Scanderett, stooped under my right arm, and took my watch out of my pocket; he shoved betwixt me and him, my watch pulling out, I instantly put my hand down, to prevent it going away, he gave it a severe tug, if the swivel had not been good, he would have broke it off, Ford then took my handkerchief, I catched it as it was going, and held it fast, I looked behind and before, and seeing nobody near me to assist, I let them go, that was from fear and intimidation; they were not contented, and followed me to Execution dock, I watched them, they robbed a gentleman going along, I took one by the collar, Ford said, he would drive my teeth down my throat if I did not let him go, I held them, as a gentleman came up to my assistance, till they were secured; as Ford struck at me with his right hand, I struck him with my left, and hit him upon the chin, they had no weapons or arms that I saw, I catched the watch in my hand as he took it out.
I thought you said you let it go? - No; I catched at it as it came out of my fob, after his giving it a severe tug, he let it go, I think he had got it so far, that it was completely out of my pocket when I catched at it, the watch-chain, and every thing was quite out of my pocket, I am quite sure of it, I catched the watch with my hand.
From the Prisoner. Whether upon his first examination he did not say, his watch was only half out of his pocket.
From the prisoner. Did not Baker say the watch was half out of his pocket? - He said it was out of his pocket, so as he catched the watch in his hand, and they had hold of the chain; he said then as he does now, that is, what he said at Sherwood's.
George Forrester deposed, that he saw Mr. Marshall have the two prisoners in custody, that he searched the last man and found a key on him; he was present when Baker was first examined, he remembers, he said, that the prisoner had the watch chain in his hand, and he catched the body of the watch in his hand; he said one catched hold of the flap of his coat, and brought him round; that one had hold of his arm, and one catched hold of his watch with the other arm.
Did he say the watch was out of his pocket? - Yes, he said so.
PRISONER FORD's DEFENCE.
I saw that man pulling this lad about, and I said it was a shame he should; he turned round to me, and said, you are going to pick my pocket, and you shall go with him; he took hold of me, and a press-gang came by, and because the press-gang would not take us, he said we should both go to gaol; at Mr. Sherwood's he said we tried to pick his pocket at Kings-gate-stairs; the watch was half out of his pocket, he got as far as Execution-dock; he said this lad meant to pick his pocket, I never saw this lad before in my life, I never was in company with him.
I go about with a jack-ass, I went to a person that keeps a green-stall; and as I was coming back this man stopped me, and said you want to rob me of my watch; I said let me go, he let me go, it was quite day-light, then he came again, and catched hold of me and swore I should go to gaol; this man came up directly, and said, what are you about? he had me on the ground; says he, I will take you to gaol, you are his companion, or confederate, or such thing as that, and I will have you both to gaol. Justice Sherwood asked him if we had any arms about us, he said no; and if they had had me in a bye place they would have murdered me. Says Mr. Sherwood, did not he put you in bodily fear? he said no; Did not you find a knife about them? - No; he said Ford put a long stick down his throat, and that did put him in a little fear, but he was in no other fear. Mr. Sherwood said they have put you in fear, and you must go and file a true bill against them, and get these rascals out of the world.
Prisoner Ford. He said yes and aye to every thing the justice said, and he never asked no questions at all.
Court to the Prosecutor.
Are you sure these are the same men that took your watch and handkerchief? - I am positive of it, they was not two seconds from me, I turned my head round every minute to see how near they were to me, I had a view of them constantly; I do not know that ever I saw Wapping, at twelve o'clock at night, so free from people in my life; there has been a neglect of bringing a young woman here, whose name we have forgot, she swore to seeing them there.
As soon as you perceived him taking the watch you caught at it and did not afterwards get it again? - No.
Both GUILTY of stealing, but not violently, or by putting the Person in Fear .
To be confined to Hard-labour, in the House of Correction twelve Months .
Tried by the First Middlesex Jury, before Mr. RECORDER.
FRANCES BIGGS , SARAH TYLER , and MARY FLANNAGAN , were indicted, for breaking and entering the dwelling-house of Thomas Penny , upon the 6th day of November last, about the hour of eight in the night, and stealing a looking-glass, value 5 s. a tea-chest, value 2 s. and a pair of bellows, value 2 s. the goods and chattels of the said Thomas Penny .
I went home about a quarter after eight o'clock, on the 6th day of November last, in the morning, and left my wife at home, when I came home at night I found my door wide open, I missed the looking-glass, tea-chest, and a pair of bellows, the things were hanging up against the wall, in the lower part of the house, in a fore room, on the ground floor.
Thomas Author . I am a pawnbroker on Tower-hill, the officer came to me to enquire if I had a glass, pledged in the name of Biggs, I found I had, on the first of February this glass pledged by the prisoner Biggs, in her own name, as her property.
To Mr. Penny. Is that your glass? - It is the same glass I lost, I know it by the sight of it exceeding well.
Cross-Examination of Author.
There are fifty like it in Broker's-alley.
To Penny. Is there any particular mark you know it by? - No; but I could pick it out in particular from a great many.
Mrs. Penny said, there were no marks she could know it by.
William Whitehead . I am a headborough, on Tuesday week, the 2d of this month, I had information that Tyler had robbed a man of four guineas, and a silk handkerchief, I went there and brought her down to the office, she gave information of this robbery of Penny, in company with Mrs. Biggs and Flannagan, she said they went to the prosecutor's house, and opened it with a false key; Tyler said, she thought Flannagan and Biggs had laid information against her for robbing the man of the four guineas, she took me to the pawnbroker's where it was pledged, Tyler said, she had committed the robbery.
She said she had taken them by a false key? - Yes; there was no promise nor threat to make her confess.
PRISONER TYLER's DEFENCE.
That gentleman is a runner, he came to serve a warrant, when he came up I picked up the glass among some dung in a stable, it was standing up against a wall, this young woman and I was going to look for my husband, she had it to a pawnbroker's, and pledged it for three shillings, and we had one shilling a piece out of it, I thought she had sold it out, this man came by at the time, he asked me about the glass, and said, the man was an old neighbour, if I would get him the glass he would get me clear; they got me in liquor, Mr. Sherwood's clerk told me to say keys, I do not know the consequence of saying keys, I had no other key in my pocket than my own, when I came out of the office, he took and beat me very much round my loins; when I came to Newgate, I did not know what it was for, as for the keys we know nothing of them, nor the other things, we had only the bare glass, and that we found among some horse dung, I have no witness about it, but this girl and me were together; that gentleman there took and beat me like a stock-fish, my father and mother are dead, and I have not a creature in the world to speak for me, I have this woman, and this woman to witness, who are my fellow prisoners, to prove that Mr. Sadler was there, he took and gave me a kick, and he had a little rattan like a cane in his hand, and he took and beat me,
I was sitting by my own fire side, about eight o'clock, this woman came in and had a glass with me, it was just after taking a little money, the girl came in with the glass, and said, here is a pretty glass which
The Prisoner Flannagan was not called on her defence.
Both ACQUITTED .
Tried by the First Middlesex Jury, before Mr. RECORDER.
Thomas Mills deposed, that he was ordered to make a piece of iron work, which he did, on the Monday morning following they lost it, he was ordered to make another piece like it on Tuesday, they lost that, and suspected the watchman that came in and out; he watched him on the 27th of February, between nine and ten o'clock at night, he saw him take up a bar of iron and put it under his coat and take it away with him, he pursued him and took him, with the bar of iron under his coat, he was going to drop it, but it was catched by another of the men, who likewise pursued him, it was new iron.
I was in the street by the Brew-house, I saw it there, and took it up.
Mr. Bell was called to his character, he said he was at the Watch-house that night, and they came there and brought the iron to him, I know nothing bad of him before.
To raise sand and gravel for two years upon the river Thames .
I am a cheesemonger , I live at Poplar , I lost this firkin of butter out of my shop, between the 16th and 18th of March last, Monday was the 16th of M arch, I found it at the Angel and Crown, Whitechapel.
On the 17th of March, by Red-lion-street, Whitechapel, I saw the prisoner with a firkin of butter on his back, I followed him, I thought it best to stop him, I did ask him where he was going, he said to Wingfield-street, to a pawnbroker, we examined the firkin, and by the marks, thinking it was stolen, stopped him, he came to Whitechapel, and there dropped it down, and ran away, it was left at the Angel and Crown by us, it was the same Mr. Edwards lost, I was at the Angel and Crown when Mr. Edwards came there and found it, and claimed it, he came there on Monday the 18th, we stopped him on the 17th.
On his Cross-Examination, he deposed, it was the same firkin he lost, there was an E on the top of the lid, that the prisoner was quite a stranger to him, he cannot tell how he got into the shop.
As I was coming to Wingfield-street, I saw a man who asked me to carry it into Wingfield-street, he lifted it upon my shoulder, and I carried it for him, and this gentleman came and took hold of me, I have lately come from sea in an Indiaman that lays at London bridge now.
To be publickly whipped and discharged.
336. THOMAS PRICE was indicted for feloniously making an assault upon Mrs. Elizabeth Filewood , on the King's highway, on the 21st of November , putting her in corporal fear and danger of her life, and taking from her person one metal watch, value 3 l. a silk purse, value 2 d. and a piece of silver coin of this kingdom, called a crown piece, value 5 s. the goods and monies of Thomas Roger Filewood , Clerk.
Neither the Prosecutrix, nor Mr. Lewis, who was in company with her at the time she was robbed, could swear to the person of the prisoner.
- Aldus, (a pawnbroker) produced a watch, and deposed the prisoner had pawned it with him.
The Prisoner in his defence said, that he had the watch left with him by a gentleman, whom he had carried in his coach to pay for his fare, from Bond-street to Whitechapel, because he could not change a guinea, and that he had took his number, and that he had let the gentleman have 16 s. besides; that he told him where he lived, that he did not know what to do to go home without his money to his master; that the gentleman not coming to him directly, he had pawned the watch with Aldus, and intended to let the gentleman go with him, and take it out of pawn when he would call for it and pay him his money again; that he went and asked one Mr. Higgingbotham first to let him have the money to go home with, before he went to pawn the watch.
Mr. Higginbotham, deposed, that he knew the prisoner to be an honest man, that the defence he had made in court, was true, so far as respected him; that he had come to him in the morning and asked him to lend him half a guinea on a watch, told him he had been carrying a gentleman, that he wanted to carry home his money to his master; that this was in the morning between four and five; that he did let him have the money and take the watch, that their house is generally up all night, that they supply the Bath, Bristol, and Gosport coaches, coming in and going out, that he redeemed it of him the next day.
Seven persons were called, who gave him a very good character.
337, 338, 339. WILLIAM READ , ELIZABETH READ , and WILLIAM MILLS , were indicted for stealing, on the 6th of March last, one linen frock, value 1 s. one linen skirt, value 1 s. three check aprons, value 2 s. three handkerchiefs, value 3 s. one linen shift, value 1 s. and a pair of boots, value 3 s. the goods of Richard Newman .
I live at the Mulbery gardens, the botom of Nightingale-lane , I lost some things out of my yard I had been washing, at twelve o'clock at night they were safe in the yard, we did not miss them till nine the next morning, I happened to go to a pawnbroker's that heard I had lost some things, he stopped them; the yard has high pales to it, they must have come over the pales, I shall speak to the property.
Mrs. Ramsay. Part of the things I sold to Mrs. Newman.
Mrs. Newman. The things were washed the day before.
Mrs. Ramsay. They were wet when brought.
Court. How old are you? - I am twenty two.
They are charged to be the property of the father, William Whitwood ? - I went after the woman was taken into custody, to her house in Orange-court, Wapping, I found the two men there, and the boots upon the stair-case, I took the boots down, and the two people in custody, (he produced the boots.)
A. Newman. Those boots are mine, they were lost from the yard where the cloaths were.
Mills. I lodged at the house, and had been sick three days before.
Whitewood. I carried them before justice Sherwood, Mills was in the same room where the boots were found.
The man brought me the things to go and pledge, I went innocently to pledge them, and they were stopped, I know nothing where they were got.
Who let him in? - His brother Nathaniel let him into our house, he was out of work, I let him bide at our house a fortnight out of charity, he came there because he could not get work, I have nobody here to speak for me.
Had the boots ever been your father's? - No; they were my property, I bought them myself.
340. ANN BRADLEY was indicted, for stealing on the 21st of February , one petticoat, value 12 d. an half hankerchief, value 8 d. one pair of stockings, value 8 d. one linen shift, value 8 d. and a pair of cotton stockings, value 8 d. the goods of Frances Baker .
The prosecutrix not appearing,
341. MARY SMITH was indicted, for stealing upon the 22d of March , one cotton gown, value 11 s. a muslin cap, value 1 s. a Bath beaver cloak, value 9 s. a linen shirt, value 5 s. a plain muslin apron, value 2 s. and one muslin worked apron, value 2 s. the goods of William Cowden .
I live in Buckridge-street, St. Giles's , the prisoner came to my house on the Saturday before the 22d of March, the day that she robbed me, she had a lodging of me, as a person out of place, on Friday the
The apprentice to Lane produced a cotton gown and a cap, and said the prisoner brought the gown on the 22d of March, the cap after.
The prosecutrix deposed the gown and cap were her's.
The prosecutrix deposed to them.
That Mr. Cowden gave her the goods to pawn, and proposed to take a lodging for her, that he put them into her apron, that he appointed her to meet him at the Cock behind the Pantheon, that she did pledge them, but never went back with the money.
Mr. Cowden was asked if it was true he gave them to her to pawn? - He said no, he did not, and he never promised to meet her behind the Pantheon.
- Redshaw, (a pawn-broker) produced a Bath-beaver cloak, pledged by the prisoner at the bar, the 22d of March.
The Jury said, they should be glad to ask if he ever was guilty of leaving his wife; but the Court said it was an improper question, that they were not a court of inquisition.
To be confined to hard labour for twelve months, in the House of Correction .
Jane Turner deposed, she lived at Marybone , at a Mr. Beddow's, a shoe-maker, that she lost an apron, which the prisoner took and pawned, and told her of it, and asked for a shilling to fetch it out, said she would not let her go with her to the pawn-broker's, she put her hand in her pocket to get the shilling, and pulled out only a sixpence and a guinea, and the prisoner pushed her down and took the guinea away from her, that she kept hold of the prisoner sometime, the people round said she had it in her mouth, they thought, by her speaking; the prisoner got away, and was taken about a fortnight after.
Prisoner. She was very much in liquor. Did not you ask for a glass of brandy?
Were you in liquor? - I was not in liquor, that was in the morning; it was at night, at eight o'clock, she stole the guinea.
Prisoner. I went to that gentleman's house in the morning to look for an acquaintance, the woman was there drinking, and asked me if I would drink part of a pint of purl, she said with all my heart, the gentleman would not give her a glass of brandy.
To Jones. Is that true? - It is true I would not serve her, but that was in the morning; she had rather more liquor than she should have, they were squabbling about an apron.
Was she sober at night? - She might go home and get sober.
She sent me for some pork stakes, I left her at the King-and Queen, with two or three women there, and never saw her afterwards.
What do you say to what Jones says, that you were squabbling about an apron?
342. MARY HALLCROW was indicted for stealing, on the 25th of March last, one black sattin cloak, value 8 s. a linen apron, value 6 d. a check shirt, and two linen shirts , the goods of Christopher Holder
Christopher Holder . I live in St. Paul's, Shadwell , I am a carpenter and joiner , on the 25th of March I left my house with only a child in it, was gone three quarters of an hour; when I came home the child said a woman had been there and taken something away, my wife knows the circumstances.
Mrs. Holder. I missed two shirts off the press, and a cloak, I found one shirt upon the prisoner, I found it under her head, she was in bed, and she owned the next day to the rest; she owned where she pawned them.
Mr. Forrester produced the things, said he went with the prosecutrix to the prisoner's house, and found the things under her head, she was examined at the Justice's; the cloak was at Mrs. Mordaunt's, a pawnbroker, she sent it up by a girl, and said the prisoner had 18 d. upon it.
Mrs. Margaret Mordaunt . I had the cloak, coming here to the gate one of the Sheriff's servants opened the door of the coach I came in, but was frightened and left the cloak in the coach, did not know the number of it, and the handkerchief it was in, that nobody was in the coach with her, it was an old cloak, I had it of the prisoner the 25th of March last, between six and seven in the afternoon, she called for eighteen pennyworth of beer, I keep a public-house, she was going away without paying for it, she left the cloak as security, it was hard I should loose eighteen pence, by a person I knew nothing of, I brought the cloak up before the justice, the 26th Mrs. Holdar saw it and claimed it, since then it is lost, she called for a gallon of beer, there were people in the tap-room drank it, I keep the sign of the Ship in Spring-street, Shadwell.
I am a lodger of Mrs. Holder's, I saw the prisoner come into Mrs. Holder's, and ask for her, I left the prisoner talking with the child, and went up stairs.
Mrs. DOBNEY sworn.
I have got two shirts, the woman at the bar brought to pledge with me on the 25th of March, about eight at night, (she produced them).
Mrs. HOLDER sworn.
I take in washing, they are not mine, but other people's linen I take in, the captain brought in one shirt that laid under my counter, I can swear to the ironing the shirt myself, it was my own cloak she took, it was a man's sattin, the lining was tore, I knew it by that, and the lace being shattered at the edges.
She told me if I would tell where the cloak was, she would not come here against me, and the officer said the same, they would not hurt a hair of my head, if I would tell where it was, there was some music playing in this public-house, and one person came and pawned it for liquor.
Mrs. Mordaunt. That is a lie.
Prisoner. One of her lodgers took it out of my apron.
Court. With regard to horses, and things that cannot be brought into court, we receive an account of the property, and thought the cloak was not produced here
To be confined to hard labour in the House of Correction twelve months .
343. GEORGE PERKINS was indicted, for stealing on the 12th of March last, one cotton morning gown, value 2 s. the goods of Elizabeth Nichols , spinster , and one other cotton morning gown , the goods of Sarah Sanders , spinster .
Richard Middlebrook , servant to Mr. Roberts, deposed, he saw the prisoner on the 12th of March come up the avenue, between Mr. Roberts's and Lord Aylesbury's, there is a common foot path, he saw him get over the hedge, at the bottom of the field belonging to Lord Aylesbury, and went to a quick hedge; I went to Lord Aylesbury, and said, I apprehended a person was going to take some things that were on some pales, I met the under butler and told him, he looked out of the window as he stood upon a chair, he saw the prisoner take a gown and give it a twist, and put it in his pocket, that he, the witness, saw him take another bed-gown, the servants went out, and he and they pursued him and took him, and brought him into Lord Aylesbury's and sent for the headborough, the gowns were taken from him by Mr. Watts, the headborough, I had seen him put the gowns in his pocket.
I was walking along the foot path, it happened to be a very windy day, these things happened to blow off the hedge, which was dry, I picked them up and put them in my pocket.
Court. You had no right to put them in your pocket? -
Prisoner. They were in the foot path, I did not know who belonged to them.
Court. Would you have had a right do you imagine because they blew off the hedge, to put them in your pocket?
Prisoner. I was going into the town to, know who they belonged to.
Tried by the Second Middlesex Jury, before Mr. Baron EYRE.
I stopped the prisoner with the bottles in her hand, coming out of the cellar door, I live in the house of Ishman Reeves, it was between two and three o'clock in the afternoon, on the Good-friday, I saw the woman at the bar coming out, with several bottles in her hand, two or three nights she lodged in the house with Ann Thomas ; she had three in one hand and one in the other, I saw four bottles, I called assistance to stop her, she was stopped, Mr. Hellegar went to examine, and he took the
Of what? - Of old hock.
When did you miss it? - Upon Good-friday I believe it was missing.
Did you miss any before that? - I never minded it till this time, I am an old man, am fourscore years of age, I saw three bottles taken from the prisoner.
Can you by any certainty know that it was your wine? - I had seals upon it, it was part of the wine I had lost, I sold the same sort for three pounds, and three guineas a dozen.
Was any more found than those bottles you mentioned, those three bottles, and the four bottles put by? - No.
You found three bottles, and four, ready to be taken away? - Yes.
Have you found any more of the quantity you missed? - No.
How did they get into the cellar? - They broke it open, t he door had been locked.
Did they break the lock or break the door of it? - They picked the lock, the padlock, or forced the staple, I had seen it locked about three or four days before this robbery; I have another cellar besides, she had took some and drank others, as she acknowledged, I dare say they sold it for a shilling.
What the gentleman has accused me of I am quite innocent, I know no more of it than the child that is unborn, I know no more of it than any body, they have sworn against me, but I know no more of it than you.
GUILTY, to the value of 35 s.
To be privately whipped and confined six months in the House of Correction .
Tried by the Second Middlesex Jury before Mr. RECORDER.
The Sessions being ended, sentence of Death was passed on the following eighteen Convicts, viz. WILLIAM BUSBY , GEORGE PERKINS , MARY RAWLINS , and MARY BATSTER ; WILLIAM WALSH , JOB WILKINSON, JOSEPH CLARKE , JOHN BURCH , JAMES COLLINS , otherwise ROFFE, ELIZABETH MORRIS , ROBERT HUTTON , and WILLIAM BAILEY , JOHN and WILLIAM GRIFFIN , WILLIAM BREWSTER , and RICHARD DAVIS ; WILLIAM JACKSON , THOMAS BAKER HOPKINS , otherwise THOMAS BAKER.