Being the SECOND SESSION in the Mayoralty of The Right Honourable William Pickett , LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.
NUMBER II. PART I.
LONDON:
Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row; and C. D. PIGUENIT, No. 8, Aldgate.
MDCCXC.
THE WHOLE PROCEEDINGS UPON THE
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
BEFORE the Right Honourable WILLIAM PICKETT , LORD MAYOR of the City of London; the Right Honourable Sir JAMES EYRE , Lord Chief Baron of his Majesty's Court of Exchequer; the Honourable FRANCIS BULLER , one of the Justices of his Majesty's Court of Kings Bench; the Honourable Sir ALEXANDER THOMPSON , one of the Barons of his Majesty's Court of Exchequer; JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
First Middlesex Jury.
London Jury.
Second Middlesex Jury.
125. HENRY HOLMES was indicted for stealing, on the 29th of October last, one hammer cloth, value 10 s. the property of Thomas Oxley the elder.
A second Count, laying it to be the property of Thomas Oxley the elder, and Thomas Oxley the younger.
(The witnesses examined separate.)
(The case opened by Mr. Silvester.)
WILLIAM OSBORNE sworn.
I am a hackney-coachman; I drove for Mr. Thomas Oxley , senior; he is dead; on Thursday, between one and two in the morning, I was in Dean street ; I went into the Blue Posts watering house, for a pint of beer; I staid there about five minutes; when I went in my hammer cloth was there, and when I came out, it was gone.
I am a watchman in Dyot-street; on the 29th of October, which I believe was Thursday morning, I met the prisoner at the end of my beat, about two o'clock; and coming up to a dust waggon, on the shafts of the waggon I found this hammer cloth; I took hold of it, and the prisoner desired me to leave it there, for it was his property, and he was locked out of his lodgings; he said, do not you know me, Mr. Welch; I lodge at Mr. Riley's; then I called Davy my brother watchman, and we took the prisoner; and one Thomas Long , a coachman, came and gave charge of the prisoner; I brought the prisoner to Mr. Oxley's coach-yard: he said it was his property; I brought the prisoner and the hammer cloth to the watch-house.
I am a watchman at the bottom of Dyot-street; Welch called me to assist in taking the prisoner; the prisoner said the hammer cloth was his property, and he was locked out of his lodgings, and brought that hammer cloth out to keep him warm in the waggon; why, says I, could not you as well stay in your lodging, as bring it out to sleep here? he was taken into custody.
I saw the prisoner in the morning between one and two, at the Golden Lyon; and he left the house upon having some words; Osborne came in and said he lost his hammer cloth; afterwards, I was going home through Dyot-street; there I saw the watchman and the prisoner, and I told them.
Prisoner. Did not you use me very ill, and threaten to put me to trouble.
(The hammer cloth deposed to by Thomas Oxley .)
My father was alive then; it was his property.
Court. In what manner had you any share in that property? - He said it was all mine; but I was not of age; he was guardian; the property was left to me by will.
Prisoner. Ask him if he did not agree with one Mr. Monk to go for an East India soldier? - No, I made no such agreement.
I know Long bore him a considerable spite, and often threatened to do for him, as the prisoner informed me; he has frequently threatened he would do for him; I have heard him say so, and speak all the revengeful words; the next morning, Long and Oxley and Osborne were in one box at the public-house next Justice Walker's; Long said he prayed to God that the prisoner might meet with an accident before morning, and God had heard his prayers: and said to Oxley, you see it is all spite and malice, and he hung down his head.
Court to Long. Is this account true? - It is as false as God is true.
Had you ever any quarrel with this man? - Never; I never said any such thing; I was at the public house; I heard no such thing pass as she describes.
The prisoner called one witness to his character.
GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
126. ANN HARNEY and ANN JACKSON were indicted for burglariously and feloniously breaking and entering the dwelling house of Edward Cockerill , about
the hour of four in the night, on the 19th of December , and burglariously stealing therein, one large printed book, called the Holy Bible, value 40 s. one silk bonnet, value 2 s. one woollen cloak, value 5 s. one linen bedgown, value 6 d. one shift, value 12 d. three ruffled shirts, value 3 s. one plain shirt, value 12 d. three caps, value 18 d. two check aprons, value 18 d. one other ditto, value 12 d. three pair of stockings, value 2 s. two table cloths, value 12 d. five pounds weight of beef, value 12 d. eight pounds weight of bread, value 6 d. the property of Edward Cockerill the elder; one gown, value 2 s. the property of Betty Cockerill , spinster ; one penknife, value 1 d. the property of Edward Cockerill the younger; one pair of breeches, value 2 s. two pair of shoes, value 5 s. the property of William Selby , in the same dwelling house .A second Count, charging the prisoners with stealing the same things, and burglariously and feloniously breaking the said dwelling house, to get out of the same.
EDWARD COCKERILL , the elder, sworn.
I live at No. 1, Curtain-row, Moorfields ; I am a chair-maker ; I am a housekeeper; my house was broke open either the 19th or 20th of December last; it was day-light when it was discovered by William Selby ; he alarmed me; he was left without clothes; I immediately got up; it was about eight, or a little after, when he alarmed me; I missed the things in the indictment, from every room almost in the house, from the drawers and trunks, and from the bedsides; our family consists of about seven; one of the prisoners was a journeywoman to me; as near as I can think, I never saw the other before; I saw no appearance of any breaking; I believe the prisoners were concealed in our room, for we missed something out of our own room which we bolted over night; and our door was fast in the morning when I got up; I think the things must be gone before I went to bed; a boy fastened the house; I saw them all fast; the doors were bolted and locked, and the windows were all fast in the morning; they have all shutters; we lost a bible which was in the little parlour; the bed-gown I know, and can swear to; most of the linen was missing from the kitchen, and the bread and meat from there; I saw it there when I made the doors fast, between twelve and one; what we recovered, we found on both the parties; on Monday morning early, we found the two prisoners, and some of the things were in the old lady's apron; we found her in Turnmill-street; that is the prisoner Harney; she was brought into a public-house where I was; she had in her apron, a gown, apron, and cap; I would not willingly swear to them: the prisoner Jackson was found by the direction of Harney; and she was brought to me at the same place; she had a bed-gown on that is remarkable, and I can and will swear to it.
Prisoner Jackson. What cause of suspicion had you against me, when you first took out a search warrant against Mr. Bugg and his wife? - Because they told me you had the property.
Mrs. COCKERILL sworn.
In the morning when my boys came to get up they missed their shoes and stockings; the back door was open; I got up immediately, and found the house had been robbed; my bonnet and cloak were gone, which hung on a nail, in the kitchen, and my stockings and a new pair of shoes, from the drawers, four shirts and a shift, and all the things that were down there, and many more; the washerwoman brought home my things, and amongst them a wrong table-cloth; they were all gone; we went to bed between twelve and one; I know Ann Jackson , by working with us a year and a half, or two years ago; I have great reason to believe she was in the house the night before; on Saturday night my husband reckoned with the men in the kitchen, and we were all below, and the door stood open; and I lost a gown out of my room before we went to bed; because I
bolted the room door myself, and unbolted it in the morning; I saw them on Monday, but not till they came before the justice; and there was produced a printed linen gown, which I bought about seven years ago; it was lost out of my room; I can swear to it; this is a cap, which I swear to, pieced in the crown, and a border of another sort, this was lost out of a drawer in the parlour, I put it in myself; the washerwoman brought it home; this bonnet I swear to, it hung in the kitchen; the cloak is not found; the bed gown was on the dresser, but it had been mended by a person the day before; I saw it mended, and found the stuff; nothing else was produced before the justice, but an apron and a penknife; I do not swear to them: I should be very sorry to have the woman hanged, and yet I am in danger.Prisoner Jackson. Is not your house publick for one or two and thirty people? - I do not say but our house is publick, to be sure.
Equally so; the same as the most common publick-house: and left open at all hours in the night, for the reception of your sons? - No such thing; the doors are never left open after we go to bed.
I was in the house: the first things I missed in the morning, from my bed side, was my breeches, stockings, and shoes; I slept up two pair of stairs with Edward Cockerill ; I went down in the kitchen, and found two of the doors open, one door goes out of the kitchen into the necessary, the other out of the necessary into the yard, and there are two large gates that go out into the street; I did not look to those gates; I saw the meat and the bread gone; then I went to my mistress and told her; and I saw the drawers open: I went to bed between twelve and one; I went before my master.
Court to Cockerill. How were those doors? - They were fast; the gates that go into the yard were found open, I understand.
I am an officer: I had a warrant against Bugg and his wife; we found nothing in their apartment; they said it was Ann Jackson ; I took the prisoner Harney, Mr. Cockerill's son and me followed up two pair of stairs, at No. 4, in Turnmill-street; one had something in her apron, she sat down, and Jackson was in the room; I asked Harney what she had in her lap; she said, nothing; I said, let us see, and there was this apron, that gown, and a cap; young Cockerill said, this is the apprentice's apron; we took them, and I searched Jackson, and found a penknife in her pocket; and this white bed gown she had on her back; and this bonnet lay along side of her; she immediately said the bonnet was her own; before the justice Mrs. Cockerill swore to it.
I am sixteen. I know this knife; I am sure of it; I told the constable the marks of it before; but it is not mine; it is my brother John's.
Cockerill, senior. I know the knife; I had it a month.
Selby. I know this apron by a hole I made in the corner, to put a string through; I am sure of it.
Mrs. Cockerill. I have seen the boy with such an apron.
Mr. Cockerill came to me, and suspected Jackson; I went with him, and his son, and Staines; and found the prisoners, and the property.
You gave them some information, did not you? - So far, as where they lived.
They first had a search warrant against your house? - Yes.
How came they to suspect these people? - Because they said, they had robbed them before.
Did you know where they lived? - Yes.
At whose lodging was it? - I believe the old lady was the proprietor of the place.
Has Jackson a husband? - I believe so; I have often heard her say so.
Did she live with her husband? - No.
Do you know where she lodged at that time? - To the best of my knowledge with this old lady.
Was it not you that gave them the first intimation that these prisoners had some of their property? - I could not tell that they had.
What did you tell them? - I told them so far as this, when they came to search my place, they had no search warrant; I gave them liberty to search; I knew myself innocent, and I said, I cannot think how you came to imagine any such thing; says he, I have not any suspicion Bugg of you; but you need not think much of it, for we have served other people the same that work for us; I worked for him at the time; then my wife said, I do not know why you should take him to gaol; and my wife said, she thought Nan Jackson was the person, it was not me, I did not think of her.
PRISONER HARNEY's DEFENCE.
My husband has been very bad these twelve weeks, and I went on the Monday night; I had some chairs to bottom; I carried them home on the Monday morning, and I said to my husband, now this money must go for rushes again; I went to buy some rushes, and the man gave me sixpence; I thought to get half a peck of coals, three farthingworth of tea, three farthingworth of sugar, a halfpennyworth of bread, a halfpennyworth of butter, and three farthingworth of balm; and Sir, I went home with it, and my husband said Nanny, come hither; I went to the bed-side, says he, Bugg has brought you a gown to mend; says I, I am not going to mend her gown; I had the gown under my arm; I went to the place where she lodged; I told her I could not mend it directly: that gentleman came up stairs and said, what have you there; I said nothing to you; I shewed it him directly, says he, it is not yours: well says I, she left at my room; I am a poor woman, but honest to the back of me; I did not undo it, if a cap and apron were there, I did not know it.
Then it was not in your lodgings where they found you? - No Sir, it was this woman's lodging; me and my husband lodge in Castle-street, Great Saffron-hill; this was in Turnmill-street.
Bugg. I believe she does live there; I was up at the place where her husband was ill.
Prisoner Harney. I could not send to any body.
PRISONER JACKSON's DEFENCE.
She certainly tells the truth, she had the things from me about nine in the morning; I was going to work; I met with an old woman, and bought that bed-gown and bonnet, and apron; I gave half a crown for them; they were mere rags; I carried them to her husband for her to mend them, some time after; about eleven she came up to me with the apron; I took no notice; she sat down, and Mr. Staines and John Cockerill came into the room; I certainly knew John Cockerill , and I said, John, how do you do? he said, we want you; Mrs. Bugg had been taken up about three weeks before for a robbery.
Court. But the bedgown was on your back? - Yes, I bought all the things at that time.
How came you by the pen knives? - We have a mode of stealing penknives and pegs to finish our our work; we make no point of that at all; I worked for Mr. Cockerill at this time; this woman collected work for me to do: I have nobody to speak for me; if it had not been that Mr. Owen and one or two that knew me; I should have been quite destitute: I am quite entirely friendless; I must entirely trust to the mercy of the Jury, for I have no money.
Tried by the second Middlesex Jury before The Lord CHIEF BARON.
127. WILLIAM DAMANT , ROBERT READ , and JOHN MITTON were indicted for feloniously assaulting Henry Meason on the king's highway, on the 19th of December last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a canvas bag, value 6 d. a base metal watch case, value 12 s. a watch spring, value 5 s. a black string, value 1 d. and divers other watch cases, springs, and movements , the property of John Wentner .
The case opened by Mr. Silvester.
(The witnesses examined separate.)
I am a going of thirteen; I live with Mr. Wentner in the Minories, a watchmaker : I was going by my master's orders to Mr. Phillips in Cherry-tree-alley ; I was met by the three prisoners about one at noon, and two of them took the bag from me by force, they did not speak to me; and the other, the boy, got behind me, and held me fast round the shoulders, while the others took the things out of the bag, and turned it topsy turvy; and they picked the things up and put them in their pockets and ran away: Mrs. Stubbs was the first person that came to my assistance; one John Sharp gave them me to carry to Mr. Phillips: these men were not taken up till a good while after; this boy was taken directly; Mr. Matravers the constable stopped him; I am sure that was the boy: after the prisoners were taken, I saw them at Justice Blackborough's, I am sure they are the men; I am equally positive they are the two men.
I live in Cherry-tree-alley, Golden-lane. On the 19th of December, I remember the witness Meason was at my door; we happened to go out, and we saw a little boy holding him; that is the boy, the prisoner, and the other two, they were pulling of the bag, but they ran away; there were things on the ground when I went out of the house; before I could see what they did; the child had not power to cry thieves, but he cried murder; I called to Mr. Matravers, and said here is a robbery; he got the little one, and the prisoner Milton presented me a watch case, with a string and seal, that was within ten minutes of the time as nigh as I can guess; he would have given it to the constable; but the constable ran by him and would not receive it; it was a watch case, with a string and seal; I gave it to the constable, his name is Matravers; I saw Mitton once go down our alley, never before, he gave me the watch case to give to the boy that was robbed; he said so, and he came after me to my own door, and said he, d - n it, or d - n you, (I do not know which) I will see that you give it him; and away he went.
How came you to take it? - I took it from him, and gave it to the child that very instant, within ten minutes of the robbery; the boy remained with me all the time; we took care of him, for fear the rest should be gone.
Court. At the time the prisoner Damant was holding Meason up, was the bag taken out of Meason's hand? - I do not know.
Was the things separate about, after the time you saw the prisoner Damant hold the boy in his arms, or after? - They were upon the ground when I went out.
I saw William Damant hold Mr. Wentner's boy, till Robert Read pulled the bag from him; I am sure of it, and when he loosed the bag, he made off; I pursued after him directly, and I could not overtake either of them; I am sure Read is the man; Damant had hold of the boy, that I am sure of.
Court. What became of the bag afterwards? - I do not know.
I live at Cherry-tree-alley; I went to the door to see what was the matter, and the first thing I saw, was that little boy
had hold of the other boy, and the other men took the bag from him; him in the blue coat, though he had a green coat on then; and the boy I know, but the other, Mitton, I cannot swear to; when they got the bag from the boy, it was thrown down in the alley, and the things were all about; him in the green coat took a watch case, and after that he turned back again to the place; the watch case was tied with a black ribband and a seal to it; then he turned back to Mary Stubbs .Had he remained in the alley all the while? - No, he had been some distance from the place and came back again; I cannot say how far he went; I am sure he is one of the men that pulled away the bag.
I am an apprentice to a a watch case maker; I saw the little one keep the lad, the while the other men were picking the property up; I am sure they are the same men, I knew them by sight before.
I am a constable; I live the corner of Cherry-tree-alley, on Saturday the 19th of December, at one o'clock, I was coming home, and going to knock at my own gates; I am a cow-keeper; I heard murder cried in my alley; if it had not been murder cried, I should not have looked out; we run, and at the bottom of Anchor-street, I took Damant, and brought him back to the place where the robbery was committed: the lad said, that was the boy that held him, while the other men robbed him; the things were about; I said give them to me; there was one silver case; a young man met me; I cannot swear to him: says he, Sir, I have the property; but I could not catch the thief; I said give it to the proprietor, and he gave it to Mrs. Stubbs; it was offered me by one of the thieves that robbed him; I do not know who it was that offered it to me; afterwards I received these and all the things from Mrs. Stubbs; there was some property found in Anchor-street.
To Mrs. Stubbs. Look at that watch, is that the watch? - This is the same.
The Boy. This is the same case, the glass is broke.
Court. When did they get the bag out of your hands? - About one o'clock; Damant laid hold of my arm before they got the bag from me; then he got hold of me.
- SHARPE sworn.
I carry on the manufactory business on the part of John Wentner ; I delivered these cases to the boy to carry; these are the things I gave to Mason to carry out; they are the property of Mr. Wentner; there were a many more things in the bag; two implements to make dials.
I only apprehended the prisoners Mitton and Read.
PRISONER DAMANT's DEFENCE.
My lord, I was not nigh the place; I was just come from my father's; I was coming down Golden-lane, and this man took me back to the place, to the boy, and the boy directly said, I was one.
PRISONER READ's DEFENCE.
I live in Grubb-street, and three officers came and took me out of the room; I knew no more about it than a child unborn.
PRISONER MITTON's DEFENCE.
I was coming through Cherry-tree-alley; and I saw the boy crying, and there were a parcel of watch materials laying on the ground; and two men ran away; and one of them dropped a watch case; and I picked it up and gave it to the woman, and desired her to give it to the boy that was crying.
The prisoner Mitton called three witnesses who gave him a good character.
WILLIAM DAMANT (Aged 11) ROBERT READ (Aged 19) JOHN MITTON (Aged 18)
GUILTY , Death .
The prisoner Damant was recommended to mercy by the Jury .
Court. As far as the boy's life goes, I mean to interpose, but it will be no interest to him or the publick that he should remain in this country.
Tried by the first Middlesex Jury before Mr. Justice BULLER.
128. THOMAS NEWTON , WILLIAM JONES , and JOHN DURHAM were indicted for feloniously assaulting John Rawlins , on the king's highway, on the 29th of December last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, a silver watch, value two guineas, a seal, value 3 s. a ditto, value 6 d. a steel bed hook, value 1 d. and a small shell, value 2 d. his property .
I am coachman to Mr. Minett, in Broad-street Buildings, No. 22: I was robbed the 29th of December, about nine in the evening, just at Bloody Bridge, at the end of the King's-road , in the road to Chelsea; I was on foot; I was returning to town; I had not left my wife above five or six minutes; I was alone; I came over the bridge; I saw four men, who overtook me; I bid them good night, one overtook me, and said, damn you, where are you going in such a hurry; immediately another struck me over the head with a bludgeon, and knocked me in the ditch; I suppose I bled there -
Was you sensible of the blow? - Yes, I was sensible enough; they caught me by the throat; their nails were stuck in my throat; when I was in the ditch one man came upon me directly, and another held my throat, and two were rummaging my pockets; they took my watch; and I had two guineas and some silver in this great coat, which I have on at present; they took my watch from my fob, and tore the buttons off besides; I put the money into my great coat pocket, all but one guinea; and I had silver in this left hand breeches pocket; they took that also; they took every farthing I had, which was about three guineas, in money; they took a handkerchief: it was a silver watch; one man throttled me in that manner, that I could hardly swallow for three or four days, and I can feel it now; and there were the marks of his nails in my throat; I was sensible the whole time: they were with me about ten minutes.
Court. That is a long while? - I cannot say just to a minute; but I dare say it was near that.
What sort of a night was it? - A fine moon-light night, as bright as day: I never saw either of the four men before to my knowledge: they were going to strip me; they were getting off this coat, but somebody disturbed them; I believe it was a man on horseback; and they went off, they went toward Chelsea again; they had taken this hat, which I have, and when I got up I begged my hat very hard; I got out of the ditch, and asked for my hat; and one of them turned back and d - d my eyes, and swore he would kill me if I did not turn my head the other way; while I was in the ditch I begged for mercy, and to have my watch; and one man said, d - n my eyes I will take and kill you if you say another word; I just turned myself round, and they were on the full run; and I picked up my hat, and ran after them, to see which way they went; I followed them till I came to the green, there I lost sight of them; not till then; just over the stile I lost sight of them; and the blood poured down, that I really got faint and weak, and I returned home.
Do you know any of the persons who committed this robbery? - I do.
Which of them? - These three men at the bar were the men that robbed me; as for Durham he was the most desperate man I ever knew; I am equally sure of them all, by my own eye.
How were they dressed? - There were
three in soldiers clothes, and one in a darkish coat, which is Newton.What is it that you swear to them by, by their faces, or their clothes, or what? - It is not by their clothes; it is by their faces.
Did you take notice of any other weapon besides the bludgeon? - I did not.
How many of them spoke? - When they came up they began to stop me.
Which of them was it that said, d - n you, where are you going in such a hurry? - That was Jones.
Which was the man that had the bludgeon, and struck you? - Durham.
What did you observe Newton do? - He rifled me.
How soon after the robbery did you see them again? - I believe it was a week after.
Did you know any of them again? - As soon as I saw them I knew them all again.
Mr. Garrow, Prisoner Newton's Counsel. Why when you came to the publick office, in Bow-street, I suppose all these men were in irons? - Yes.
Do you know whether Newton had? - He was cut very much.
These were shewn to you as the persons who had robbed you? - They were.
At the time you went to Bow-street, you expected to find those that robbed you? - Yes.
I observe that the letter which was sent, and which you have put in, informs you that the persons who had robbed you were in custody? - Yes.
And before that some little part of your property was found, so that you came there in full expectation that you should see the persons that had robbed you? - I could not say till I saw them; but I came with that view.
You say these people might be ten minutes with you; I dare say the time appeared very long; it probably would to any man under such circumstances? - I cannot say as to the time; it might not be so long.
There were three of them in soldier's clothes? - Yes; they had slouched hats.
I need not ask you whether you was considerably alarmed and frightened? - I certainly was.
You had bled a great deal in the ditch? - A vast quantity.
You have swore to all these persons; recollect yourself, you know their lives are at stake? - I am as safe as if on the spot.
Are you equally sure to all of them? - Yes.
Prisoner Durham. I have not had any regimental coat on for this two months.
I am one of the patrol under the direction of Bow-street; on Monday night, the 11th of January, I went out, and staid out the whole of Monday night; and coming up from Brentford early on Tuesday morning, on this side Kensington, I met two persons in haste; they told me of Gardiner being robbed, and we went in pursuit of them; and about five in the morning, in the Fulham-road, we came up to the three prisoners; there were three of us; we immediately endeavoured to secure them; they began fighting, and a desperate scuffle insued; at last, we secured them, and got them handcuffed; near the place where Newton was engaged with one of the men, I found this old handkerchief, with a steel watch chain, and a parcel of seals and trinkets to it; it lay in a little heap in the handkerchief; I heard something rattle when I picked it up; and I found a small pocket handkerchief in Newton's pocket, marked; I found no other property that the coachman owned.
Prosecutor. I can safely swear to my chain, and every little trinkum that is to it; and this handkerchief, to the best of my judgment, is mine.
Is there any mark on the handkerchief? - There is P. A. or something of that sort; I picked it up some time since; but I would not swear to it on any account; the mark is like the mark, and the handkerchief is like the handkerchief I lost.
Maynard. Durham, whom I laid hold on, had this bludgeon in his hand; and
this bludgeon was found near the place where Newton was; my partner produces another bludgeon; Durham and Newton were in the same dress; Jones had a drab great coat on.I was one of the patrol; I was with Maynard; I assisted in apprehending these men; Maynard picked up the handkerchief and watch chain near to the place where Newton lay, near to the side of the road; Maynard searched all of them, and took every thing that was found, the cotton handkerchief was taken from Newton; I was present; I seized Jones first, and he had this bludgeon under his coat; the other bludgeons were picked up after the fray was over; one we picked up, the other was brought by a stranger; I collared Jones; Durham had a bludgeon in his hands when he was first taken; Maynard was in great distress; I went to his assistance, after I had almost knocked Jones on the head.
I am one of the patrol; I assisted in taking these three men.
Had they any weapons? - No.
Had they any thing to defend themselves with, or to attack you with? - No; we found the three bludgeons in the road.
Was there any scuffle between you? - Yes.
How was the scuffle? - With our fists; my foot slipped, and Newton lay across me; I laid fast hold of him by his hair, and he could not do me any damage.
Then, you fought only with your fists? - Yes.
Was you soon down? - Soon down; in getting hold of Newton, my foot slipped, and I could not recover myself; Newton remained upon me a quarter of an hour; Hughes helped me.
When you was down in that manner, could you see in what manner the others were scuffling? - No, only I heard Mr. Maynard, the captain of the party, call out murder! murder! several times.
Did you see how they were fighting? - No, I did not.
How do you know whether they fought with fists or weapons? - Hughes told me he came up to Jones, and took this bludgeon from him, and beat him with it.
Do you call a bludgeon a weapon? - I do not call it fire-arms.
I did not ask you about fire-arms; I should think a bludgeon a weapon, and a dangerous weapon? - Yes, it is.
But you told me the three bludgeons were picked up in the road? - That was afterwards.
Mr. Garrow. Newton had no bludgeon; and in the end of the scuffle, you took but two bludgeons? - There were three found on the spot.
You, the patrol at that time, only secured two? - The three were found in the road.
How many did you find yourself? - I found none.
Who did find any? - I do not recollect; three were found on the same morning, and we brought them to town with us.
Were they all three brought in together? - Yes.
Were they all three brought in by strangers, or did any of the patrol bring them in? - We brought them in with us; we picked them up in the road; I cannot say who picked them up; I was in the house with the prisoners.
Prisoner Newton. I leave it to my counsel.
Court. Your counsel cannot speak for you. If you have any account to give of yourself to the jury, where you was; or if you have any thing to observe on the evidence, you must do it yourself.
PRISONER NEWTON's DEFENCE.
I was going to Battersea about five in the morning, and I saw these two prisoners as I was going along Putney-road; I was just behind them, and the patrols laid hold of them two, and took me.
Are you in the army? - No.
What way of life was you in? - I lived
with my aunt, who kept a wine vault; I was going to see a cousin at Battersea.Court. Where are the wine vaults? - In King-street, Westminster.
(The prisoner Newton called eighteen witnesses, who all gave him a very good character.)
Prisoner William Jones . I have nothing to say.
Court. Have you any body to speak for you? - I have no one here.
What regiment do you belong to? - The first regiment.
Where is your serjeant? - I do not believe there is ever a one of them here.
What, can you give no account of yourself? - Ask the counsel.
Prisoner Durham. I know nothing about the coachman that has sworn against me.
Where were you two quartered at the time of this robbery? - At the Coach and Horses, Mary-le-bone; Jones was quartered in Goswell-street, Smithfield.
And you have neither of you any body to speak for you? - No.
ALL THREE GUILTY Death .
Jury. My lord, in consideration of the good character of Newton, the jury beg to recommend him to mercy.
Court. I am always glad to listen to the recommendation of juries on such subjects; I will tell you why in this case I cannot accede to it, because these men have been guilty of a great deal of unnecessary cruelty in the perpetration of their robberies; they have added an unnecessary barbarity to robbery. The duty we owe to the public, for the sake of protecting honest persons who are going about their lawful business, ought not to suffer us to shew such persons any favour; and therefore, though I am very sorry for that prisoner Newton, and particularly for his youth, and with respect to the good character that has been given him, it is impossible for me, consistent with the opinions I have held during my whole life, and which I have constantly declared in public, to give the least countenance to your recommendation.
Tried by the first Middlesex Jury before the Lord CHIEF BARON.
129. WILLIAM MILLER was indicted for feloniously breaking and entering the dwelling house of Thomas Clifford , about the hour of three in the afternoon, on the 29th of October last, no person being therein, and stealing one pair of leather breeches, value 12 s. his property .
I live at Hillington , a labourer and house-keeper ; on the 29th of October last, I went out to work about five, and left my wife and son and servant in the house; I might return about seven, and found it had been broke open; there is a place in the lead and glass, that appears to be wrenched from the casement with a knife; I never saw it so before; but I did not take particular notice; there was room enough for a knife to be put in, and lift up the casement fastening; I lost some bacon, some bread, and a pair of buckskin breeches; they were almost new, worth twelve or thirteen shillings; I found them again at Chatham.
I am fifteen; I was coming home with a bundle of stubbs; I live with Mr. Clifford; and about three, I met the prisoner twenty yards from my master's house; I knew him before; he was a neighbour; the prisoner had nothing with him; I went home into the house, and saw the windows and doors all safe; nobody was in the house, my mistress was a stubbing; my master was at work; I went after the cows, and when I returned in about an hour, the house was broke open; the lead and glass of the window was wrenched from the iron, and the back door was open; I unlocked
the door, and went in, and missed the bacon, but nothing else, till my master came home.I am stationed at Chatham barracks; I belong to the 29th regiment, to receive recruits; the prisoner was inlisted in London, and brought to Chatham barracks; I do not recollect the day; he had a pair of leather breeches, and I gave him a pair I had, and two shillings for them; I cleaned them, and then they would not fit me, and I sold them; the prisoner had deserted before the officers came there.
(Produces the breeches.)
I had them at Mr. Kirby's at Chatham.
Neale. These are the same I had of the prisoner, by two marks.
Clifford. These are my breeches; I know them by this mark, three or four stitches in the face of the breeches; and I have often disputed it.
As I was going out of the door, I saw the lad coming along; and I asked him where he had been? he said he had inlisted, and had deserted; I said, you must be tired and hungry? he said he was; so I went for my husband, and he took him.
Why did you suspect him? - Because he was about at the time.
Prisoner. I have nothing to say.
Jury to soldier. What did you sell the breeches for? - Nine shillings and sixpence.
GUILTY , Death .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
130. JOHN LEONARD and JANE LEONARD were indicted for feloniously breaking and entering the dwelling house of Thomas Stiles , about two in the night, of the 7th of December , and feloniously stealing therein, two pieces of velveteen, value 10 l. four pieces of Manchester nankeen value 7 l. seven pair of stays, value 40 s. two pieces of cloth, value 20 l. two pieces of thickset, value 40 s. the property of Thomas Stiles and John Pownall .
A second Court, for stealing the same goods, charging it to be the dwelling house of the said Thomas Stiles and John Pownall .
I am a stay-maker , in partnership with John Pownall , in Mary-le-bone, St. George's, Hanover-square ; I am the tenant: I took the house originally myself; the premises belonged to me; my partner has entered into part, since he took the business; the rent is paid from the business; he does not live in it, only me: the house was broke open on the night of the 7th of December; I went to bed between ten and eleven; the house was safe then; I saw the doors and windows fast; I was not alarmed in the night: about break of day, a nephew of mine discovered the house to be broke open; his name is George Clarke ; he informed me; I got up and perceived several things missing from a shelf in the warehouse; all the things mentioned in the indictment, I am sure were there.
What is the value of them altogether? - If I was to identify the value of them all, I must refer to my bill of parcels.
What is the value of the velveteen? - Sir, it is ten pounds, but I suppose they came to more.
Is your warehouse part of your dwelling-house? - Yes; when I came down in the morning, the door of the dwelling-house was on a jar, and it rather alarmed me; I observed it fast the evening before; and part of my property being missing, I was flurried; over the door there are some windows; and I observed above the door, the window was broke; and part of the glass was withinside the warehouse, and part in Oxford-street; I did not find any of the screws forced; the bar had been lifted from its situation; it dropped down to its natural center, as put on by the watchman.
Could a person by putting their hand into the window which was broke, remove
that bar? - No; the door was open when the window was broke; there must be some instrument let down to lay hold of the bar, and to raise it from the catch; I saw that there had been a kind of a friction, from the brightness, which I suppose was the instrument that had been let down; no other part of the house had been broke; I did not know either of the prisoners; I went immediately to Litchfield-street; and the first part of my property that I thought was mine, I found at Litchfield-street; I should suppose it was on the Wednesday after; it was in the possession of Kennedy the constable; it was a part of the Irish linen; I saw nothing else; there was no mark, but according to the number of these cloths that follow one another regularly; and I thought there was a part of my private mark, but part of it was gone; had I been on my oath, I think I must have identified it: either on Wednesday or Thursday, the woman prisoner was called before Justice Barnfather; and her pockets were searched immediately, and there were duplicates found of Payne the pawnbroker; there I found a part of the black velveteen, and a part of the thickset; I had great reason to believe it was my property, because it corresponded with our's in the meanness, and was not well finished; but there was a piece of paper with the private mark of the gentleman we bought it of; but I am not acquainted with it; our private mark was removed; I know nothing of the man prisoner; nothing was found on him; he had pawned the piece of black velveteen.I am a servant to Mr. Payne, the pawnbroker, in Bow-street, Bloomsbury; this piece of black velveteen I took in of the prisoner John Leonard , on the 10th of December, by himself; I knew him before for two years and a half, by using the shop; I do not know what he is; he pledged a piece of linen at the same time; the velveteen I have here; I have had it ever since; I carried it before the justice.
I never saw the velveteen, till last Monday at Mr. Payne's; then I knew the Manchester mark.
What was the private mark of the Manchester warehouse; did you take sufficient notice of that paper when you bought the velveteens, to take upon yourself to say that was the same? - Yes.
Where did you see that paper first? - It was in the possession of Payne.
Court to Thurston. Did the prisoner leave any papers with the velveteen, when he pawned them with you? - Yes, I believe he did; that paper was in the parcel when it was opened.
Was it so when he brought it to your house? - I believe it was.
Did you open it when it was brought to be pawned? - Yes; I believe the paper was there then; I cannot say positively; but it must be.
I had a search warrant to search the apartment of Mr. Leonard; I went the 11th of December last, to No. 8, Norton-street, Mary-le-bone-street; there I found about twenty yards of linen in the two pair of stairs, in separate pieces; I found the fag-end of it cut off where the maker's name and number is; I observed in the middle of it a piece that was washed; I likewise found three files; I brought them to the rotation-office; the prosecutor swore that he verily believed it was his property; only his private mark was almost washed out.
(The files handed to the Jury.)
Prisoner. The linen was never washed in the middle at all; it was only washed at the end to try the quality of it.
Court to Mr. Stiles. Look at the place which the last witness has spoke of as being washed; can you say in your judgment, whether it has been washed or not? - It appears as if there had been some water put upon it, and that it has been rubbed with it; when the cloth is folded up as it comes from Ireland, just about the place
where the blue mark is; sometimes it may so happen that it is not there; but we generally mark it near the maker's private mark, about four inches from the edge of the earth.Prisoner. My wife washed one end of it, to see how it would wash.
Court to Stiles. Is that usual? - It is generally supposed that they would wet a corner in such a case.
To Kennedy. You said this two pair of stairs of room was the lodging of Leonard? - He was brought to the rotation-office at that time; and the watchman belonging to Marylebone had got the key from his wife.
Is the other prisoner his wife? - She goes as his wife.
Prisoner John. Yes, in wedlock my lord.
Was Jane Leonard there at the time, when she gave the watchman the key? - Yes.
I am a constable; I searched the woman with Kennedy, and found two duplicates on her; neither of them referred to this property; in consequence of that, I went with the prosecutor to the pawnbroker, and he produced the things; the tickets were Leonard or Yates; she said she pawned at such a distance, as she was used to pawn there.
I live at Mr. Martin's, of whom Mr. Pownal bought a piece of velveteen that corresponds with the mark of this paper: it has Mr. Martin's private mark, and my own hand-writing.
Prisoner Leonard. Do you always mark the goods at your master's shop? - Generally.
When that came away, was there no more of that quality left? - I cannot say that; this is the paper I marked in Mr. Martin's warehouse.
Did you mark others of the same quality at the same time? - Yes.
You have perjured yourself already; it was property I bought and paid for honestly.
PRISONER JOHN LEONARD 's DEFENCE.
This prosecution is against me on account of a prosecution last sessions, in which I was tried, and acquitted, before the recorder: the magistrates asked me where I lived, and I told them; they found these things which I bought of a man in Oxford-road, a pedlar; I gave eighteen-pence a yard for the Irish; there were forty-eight yards; this velveteen that I bought, that the paper was wrapped in, was a piece of Irish wrapped instead of the velveteen; I also bought five yards and a quarter of velveteen, at five shillings and six pence a yard.
Court to Thurston. What paper was the linen brought to your house in? - The velveteen and linen were both together; the linen does not belong Mr. Stiles; it is at our house now.
BOTH NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
131. JOSEPH BRITON was indicted for burglariously and feloniously breaking and entering the dwelling house of Elizabeth Barnes and Mary Barnes , about the hour of three in the night, on the 24th of December last, and burglariously stealing therein, six pewter dishes, value 40 s. an iron japan waiter, value 3 d. a copper tea-kettle, value 2 s. a table cloth, value 6 d. a towel, value 3 d. and a handkerchief, value 1 d. their property .
I live in High-street, Mary-le-bone ; myself and sister, Mary Barnes , keep the Oxford-house boarding school ; we are both unmarried ; on the 23d of December, we went to bed; the cook, Priscilla Rayner, was last up; I did not observe the situation of the house myself; I was not alarmed
till eight in the morning, when my servant Ann Smith , came into my room; and I observed the appearance of their breaking in at a cellar window; it is a very old house; but there was the appearance of a piece of oak being broke off the cellar window; that cellar window was not in general well secured; but we had a smith to mend it; but he did not. The window was not fastened, but there was a piece of old oak across the window; I imagine it was nailed; I do not know; it did not quite cover the window: I missed twelve pewter dishes out of the kitchen; I know they were there the night before; I missed sundry other things from the kitchen, as well as the things in the indictment; (repeats them) they were my sister's and my joint property: the pocket handkerchief was not our property; nobody owns it, and it is the only thing against the prisoner; I do not know how that handkerchief came there, nor who it belonged to: we missed the things on Christmas day; and the next day I saw before the justice all the things in the indictment; they were in the possession of Richard Minifie , serjeant of the night; I knew the things again to be ours; there was a door at the top of the stairs, after a person had got into the cellar, with a wooden bar to it.I live servant with the prosecutrixes: about eight in the morning the cook, Priscilla Rayner , came up stairs; and I went into Mrs. Elizabeth Barnes 's room, and told her; and when I came down I missed the things in the indictment; I am sure they were there the night before; I saw the house safe; all the windows and doors fastened as usual; it was about eleven; I saw the street door fast, and that cellar door with a bar across; Priscilla Rayner fastened it: there was no latch to the cellar door, so that when the bar was not put up it was not fast; and there was no pin to keep the bar in its place; when I came home in the morning, the cellar door was open, and the bar laying by it; the bar went into a bit of iron at one end, and the other dropped down; I observed no marks about the door of any force having been used.
I am a servant to Mrs. Barnes: I went to bed the same time as the last witness: the doors and windows were all shut; that cellar door I fastened with the bar myself; I fastened the street door, and a cellar door, and a door against the court; I was first up, about eight in the morning; and I found the door wide open against the court, adjoining the cellar door; that door was locked and bolted with two iron bolts; the door at the top of the cellar stairs was open, and the bar was down; there was a piece of oak lying over the cellar window over night; it was fastened between the stones of the pavement; not nailed; that piece of oak was taken up whole, and set against the wall; the person must come in at the cellar, by taking up that board, and by my finding the cellar door open; there was a chink in the cellar door, wide enough to admit a knife or an instrument, so as to lift up the bar; I missed the pewter the first thing; I am sure they were there the night before; the things were in the kitchen; the handkerchief was in the drawer; we did not know to whom it belonged; it had been there five or six weeks; I do not know how it came there.
I am one of the beadles belonging to Marybone; I was beadle of the night; the prisoner was brought to me about half after six, on Christmas day morning, by Minifie and Hart; I searched him, and took this pocket handkerchief out of his coat pocket, and a match, and eleven small keys.
I am serjeant of the watch; on the morning of Christmas day I was on duty, and going on Wimpole-street, between six and seven in the morning, two men passed me, one of them I could perceive had something in his hand; it was very dark; I followed him to know what it was; before
I came near he dropped his bundle, and made off; then I rang a rattle for somebody to stop him; other watchmen came up, and Hart, the watchman, brought the prisoner to me: I did not know him to be the man that had passed me; he was coming to town towards Oxford-road; we took him to the watch-house, and delivered him to the constable: I did not observe him searched, nor did I search him: one of the watchman took up the bundle, and brought it to the watch-house; that man is not here; I stood by the bundle till he picked it up; and we all went to the watch-house together: the bundle contained six pewter dishes and a small waiter; I did not observe any thing else; but the things are here; I cannot say the prisoner is the person who dropped the things: the prisoner was brought back in about ten minutes after the things were dropped.I am the watchman: I was standing in Harley-street; I saw one man run from Wimpole-street, towards me, that was just upon the springing of the rattle; I drew up as close to the rails as I could, that the man might run up to me before he saw me; when he came within about ten yards of me, he saw me; then he turned up Harley-street; I called to him to stop, or I would shoot him; I caught him, and asked him what he ran away from the rattle for; he said he heard no rattle; I said he did; I took him with me, coming back I asked the prisoner what was the matter; he hung down his head, and made no answer; I brought him to serjeant Minifie; the bundle was there, and we took it to the watch-house: I saw a handkerchief, and a match, and a bunch of keys taken from him: the bundle contained the things in the indictment. (The things produced by Hart.)
They have been in Minifie's custody till they were produced before the justices at Hicks's hall; then Hart took them, and has kept them ever since.
(The things deposed to.)
They are new dishes, bought lately; they have no private mark; I am sure they are ours; there are six of them; missed twelve; the table cloth is particular, made out of old towels, marked with my sister's name M. B. she is the eldest; I have no doubt but it is ours; I know the black kettle, by a bruise behind, but I do not know that is any thing uncommon; the waiter is an old waiter; I believe I know the flowers; I had such an one; but it I had not seen it with the other things, I should not perhaps have known it; here is a towel marked M. B. which I know.
Priscilla Rayner . I know these dishes very well, by using them every day; there is no particular mark on the handkerchief, but it is much like that which was in the drawer of the kitchen five or six weeks: here is a tinder box, which I found just under the cellar window, where they went in, with a flint and steel with it.
Court to Constable. Had the match you found been lighted? - No.
There was only one match? - Only one, in his coat pocket.
PRISONER's DEFENCE.
This handkerchief I have had eight weeks; I bought it in Rag Fair; the bunch of keys I picked up at that end of Long Acre that goes into Drury-lane; I had them above a week; and being Christmas I had been drinking with my shopmates, and was locked out of my lodging, and was walking about till day-light; when the watchman stopped me, and took me to those things: my master that I was apprentice to, and my master that I worked for, promised to come.
(Called, but did not answer.)
NOT GUILTY .
Court. Prisoner, I ought to tell you that you have had a very favourable Jury: I hope you will take warning.
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
132. JOHN JACKS alias JACQUES was indicted for stealing, on the 14th of December last, two pounds nine ounces weight of opium, value 25 s. the property of Mainwaring Davis and Edward Rodwell .
MAINWARING DAVIS sworn.
I am a merchant : Edward Rodwell is my partner. On the 14th of September we lost some opium; the prisoner has been employed by me as porter ; and at several times we lost eighty pounds worth of opium. About a quarter after two I dressed, to go to change, and left the prisoner and another in the warehouse, with another man.
I am a partner with Mr. Davis. The prisoner was working in the warehouse; and he went into the next warehouse, without any orders; and I heard a noise, by his breaking open a chest; I immediately call out, what are you about there? Jacques was there; and said, he was very ill, and desired to go to a publick-house, as he was very ill; I immediately followed him, having found the chest broke open, and that he had got some opium; I followed him out of the house, and found the opium in the gateway; and he said, he had never robbed us in his life: I did not find any thing upon the prisoner: I had the chest of opium weighed, and found the exact quantity deficient, as was found in the gateway.
I am apprentice to the prosecutors: they sent me to the next gateway, to see if the prisoner had left any thing there; I went and found the opium behind the gate, in the gateway.
(The opium produced, and handed to the Court.)
Court. Was you at the weighing of the chest? - I was. There was some chaff about the opium; and the Lord Mayor ordered the prisoner to be searched; and he was; and some of the chaff was found in the prisoner's breeches.
Prosecutor. Upon losing some opium before, I marked some pieces; but I do not see any of the marks upon this.
PRISONER's DEFENCE.
I worked for the prosecutors between five and six years; and had been working among the opium up to my waist in chaff: I have had this about me for a twelvemonth.
Prosecutor. The prisoner had not been at work upon opium for some time before, not a twelvemonth.
I am serjeant in the same company the prisoner is in: he never was guilty of any misdemeanor during ten years and eleven months; he has always bore a very honest good character; and if he is acquitted will readily take him again.
NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
133. CATHERINE SPRIGS was indicted for stealing, on the 2d of January , one half guinea, and three shillings in money , the monies of Joshua Levy .
I am of no business; I am a married man: I came from the Fleet: I live in St. Mary Axe. The prisoner met me by the Mansion-house , a quarter after ten at night; I had drank a glass of rum after tea; she asked me to go with her; I said, I don't want to go with you; and she began to play with me; I put my hand to my pocket, and found my money gone; she pushed me into the corner, and played with me; and took my money; she put her hand to my breast, and pushed me into the corner.
Court. How long was you together? - About five minutes.
And she had one hand to your breast; where was the other? - I do not know.
What did you lose? - Half a guinea, and
three shillings, which I saw five minutes before.Court. How came you to know you had it? - I stopped at a publick house just by the Fleet, and had a glass of rum, which I paid three halfpence for; I then had half a guinea, three shillings, and four-pence halfpenny, which I lost, all but one penny; as soon as I missed my money, I charged the watch with her; the constable searched her, and he found half a guinea, and three shillings upon her.
Mr. Knowlys, Prisoner's Counsel. I think you are a weak ailing man? - Yes.
You drank a glass of rum? - I did.
There was more money found on the prisoner besides? - I do not know; the constable knows.
I am constable; the prisoner was brought to the watch-house, and charged by Mr. Levy with robbing him of half a guinea, and three shillings; upon searching her, I found in her right hand pocket, two half guineas, and some silver.
NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
134. RICHARD FITCHETT was indicted for stealing a pair of boots, value 3 s. the property of William Mercer .
I am servant to Mr. Mercer: I saw the prisoner take the boots out of Mr. Mercer's house, in Basinghall street : I was at the door, on Monday: I called out stop thief; and he was taken immediately: he never was out of my sight: I saw him drop them.
- CUPID sworn.
Do you know the prisoner? - Yes; I stopped him; and picked up the boots, and gave them to Jane Wilson , the servant to Mr. Mercer.
(The boots produced and deposed to by the prosecutor.)
GUILTY .
Tried by the London Jury before Mr. RECORDER.
135. THOMAS SMITH was indicted for stealing, on the 19th of December , one pair of woman's slippers, value 4 s. the property of John Hoppey .
I am a shoe-maker ; on the 19th of December last, I lost a pair of woman's slippers.
I lived with Mr. Hoppey then: I saw the prisoner take the slippers; they were women's Spanish leather; he took them out of the window; the sash was drawn back before; I pursued him, and he was taken; he flung the slippers in the road; Mr. Penton took them up; he is not here; but he gave them to our man, John William Davis ; he brought them back to the shop; he is not here; I saw them again in less than five minutes, in Davis's hand; they had copper heels on, and the name on the inside.
I produce the slippers; Mr. Hoppey's son gave them me in the shop, and the prisoner in charge.
Hoppey. My man Davis gave me these slippers; I was in an adjoining room; hearing the cry of stop thief, I ran, and returning, received these slippers; they are mine; I swear positively to them; I had them in my hand about three or four minutes before.
Prisoner. I am innocent.
GUILTY , (Aged 16.)
Tried by the London Jury before Mr. RECORDER.
136. ANN MILLER was indicted for stealing, on the 18th of December , one
pair of woman's shoes, value 2 s. and one pair of woman's stuff slippers, value 2 s. the property of John Hoppy .I was at home at the time of this robbery; it was Friday, the 18th of December; I suspected the prisoner; she and her husband worked for me; I searched her apron; her work was in it; she had been waiting in the shop for work; I gave part of her work to her, and went into the cellar to fetch up the remainder; and when I returned, suspecting she had robbed me, I searched her; and at the bottom of her apron, was concealed a pair of woman's stuff shoes; they were finished shoes: some time elapsed before the constable came, whom I sent for; and I found another pair upon her, tucked in between her apron string and her waist, under her cloak; that was a pair of woman's stuff slippers; (produced and deposed to); the initials of my name is in the slippers; and I know the shoes by the make and work; she said, the first pair she took up accidentally with her work; when I found the two pair, she begged for mercy, and said it was the first offence.
I am apprentice to Mr. Hoppey; I saw these women's stuff shoes taken out of her apron; I did not hear her say any thing: I went for an officer.
I took the prisoner in custody, and took the shoes; I have had them ever since.
PRISONER's DEFENCE.
The two pair of shoes; the apprentice was cleaning a parcel of shoes; when my master brought my work up from the cellar, I accidently laid it on a chair, and took it up with the shoes altogether in my apron; then I asked my master for more stuff to make a finish of some other shoes.
GUILTY .
(She was humbly recommended to mercy by the Jury and Prosecutor.)
Tried by the London Jury before Mr. RECORDER.
137. WILLIAM CROCKETT was indicted for stealing, on the 23d day of December last, one copper boiler, value 14 s. and a brass kettle, value 7 s. the property of John Prior .
I live at Hillingdon ; I missed my copper a little after five in the morning; I saw the things over night; I found them at Brentford, at Isaac Greentree 's, on Thursday morning, the 24th, Christmas evening; they were both sold to Mr. Fowler and Tucker, ironmongers; I have known the prisoner six or seven years; he lived part of the time at Hillingdon-end; the prisoner is a very honest man for what I know.
Mr. Garrow, Prisoner's Counsel. I believe this man had for several years driven Mr. Turvin's waggon? - Three years.
Had the carriage of goods to many thousand pounds? - Yes; I cannot suspect any body.
The waggon he drove used to stand in the yard? - Often in the street.
There was a publican in distress, for whom he brought things to sell? - Very likely; I do not know it.
He was a very honest man as far as you know? - Yes.
I live with Mess. Fowler and Tucker, ironmongers; I remember a copper and brass kettle brought to my masters, the 23d of December, about nine in the morning, for sale, by the prisoner; I know him very well; he sold them; they are here.
(Produced and deposed to.)
Prior. This is my property; I have had the brass kettle six or seven and twenty years; I believe the copper is mine.
Prisoner. I went on with the waggon; and I knew nothing of their coming there, any more than I do of dying: I thought they were the publican's; I do not know I had any right to sell them.
I am a manufacturer at Brentford: I have known the prisoner, I should suppose, ten or a dozen years; he was employed as a waggoner for a number of years; I have intrusted him with property; I never entertained so good an opinion of a man in his situation, in my life; nor was I ever more surprised than when I heard of this; he has been entrusted by me with many thousand pounds; and I should not, upon my oath, hesitate a moment to take him into my service at this time; his trial came
on so early, or there were several gentlemen of respectability that would have attended.GUILTY .
Court to Mr. Andrews. Just now you said if you had wanted a man, you would take him; will you now pledge yourself to the Court, to take him? - I only mean to say that it is not in my power at present to take him, but I will undertake to his being employed; I will take him till he is employed .
Jury. My lord, in consequence of the good character that gentleman has given him, the jury would wish to recommend him to mercy.
Court. Do you know Mr. Andrews: if I can be satisfied that he would take him out of the way of doing mischief, I have no objection.
Mr. Garrow. I know him perfectly well.
Court. I am satisfied.
Tried by the first Middlesex Jury before the Lord CHIEF BARON.
138. ELIZABETH CARR was indicted for feloniously assaulting Andrew Cassero , on the king's highway, on the 21st of December last, putting him in fear, and taking from his person and against his will, two worked pictures, framed in plaister of Paris, and glazed, value 6 d. his property .
JOHN PERRO , an interpreter, sworn.
Court. Ask Cassero if he was robbed at any time, and when? - Between eleven and twelve on Monday morning, the 21st of December; he is an Italian ; it was in Broad-street, St. Giles's ; I was robbed of a pair of pictures of wax-work Paris plaister; I was hawking them about; I was dealing with another lady, and the prisoner pointed me to go in doors, and I would not; I know the prisoner.
What passed between you and the prisoner? - Nothing; she pointed to me to go in doors, and I would not; she took the two pictures out of my basket, and gave them to another man; I asked her to give them me: she would not: I began to cry, and she jumped and took the pictures out of the man's hand, and put them in her pocket; and I caught hold of her handkerchief; she began to strike me, and made my nose bleed; I called murder! and watchman! and some gentlemen took my part, and took me before Justice Walker.
Prisoner. Whether I did not buy the pictures of him, and give him six-pence for them? - No, she never spoke a word.
On the 21st of December, I was doing a job at the top of a house; and I came and looked, and saw this woman strike the foreigner; I took her to the justice; he told me he could not speak English.
I am a constable; on the 21st of December, I had a warrant to serve on the prisoner; the door was padlocked; I got into the back part of the room; there I found her in bed, rolled up; and I found these two pictures.
(Produced and deposed to.)
PRISONER's DEFENCE.
I gave him six-pence for the pictures, and he demanded another six-pence; I said I will give you no more; he instantly took the handkerchief off my neck, and tore it in an hundred pieces; he pushed me in the kennel; I got up and struck him; I thought the pictures were my property: as to my door being padlocked, I had no key, and a person that lived under, was so good as to padlock the door.
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
139. JOHN CUMMINS was indicted for feloniously assaulting Robert Hodgson , on
the king's highway, on the 29th of December last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, eleven shillings, and three six-pences , the monies of the said Robert Hodgson .I live in Upper-street, Islington, facing the church: on Tuesday, the 29th of December, in the evening, I was at Canonbury-place ; I left it about seven or a few minutes after; I was coming home across the fields, which lead to Cross-street ; when I came within about ten or twelve yards of the posts; very near there is a very large elm tree; I saw the prisoner come from behind it, holding a cutlass over his head, naked; I looked to see if there were any more; I saw nobody else; he then made up towards me; and I kept walking down towards him, to meet him; as soon as he came within reach of me, he laid hold of my hat, and pulled it down over my eyes; he then said, stand, d - n your eyes, you b - r stand; and held the cutlass hard against my head, and kept my hat still over my eyes: just at the time he seized my hat, another fellow jumped from behind him, and held a pistol to my right breast; he kept my head and hat down, so that I could see the muzzle of the pistol, and part of the barrel; he held the muzzle against my breast; and there was a particular mark upon it; the moon at that time shone very bright upon the pistol, between him and me; and I observed a notch within about two inches, or two inches and a half, on the right side of the stock of the pistol; as the moon came on the left side of me, I saw it very plain; it is like a chop, and was near the end of the stock, about two inches, or two inches and an half: I was very much flurried; and I said, gentlemen, do not hurt me, and I will give you what I have; and I gave the little one that held the pistol the money in his left hand; it was eleven shillings and three six-pences; in silver; then the prisoner said to his companion, d - n his eyes, a b - r feel his upper garret; I wondered at the meaning of it; and the little one, with his finger and thumb, felt about the waistband of my breeches: I told him I had no watch; then the prisoner said, damn your eyes, have you given us all? I told him I had; he then said, d - n your eyes, you b - r go along; and he let go of my hat; I run towards home, about thirty yards, as fast as I could; the moon shone very bright; and I turned round to look at them, to see which way they went; they turned to the left, from the way I was coming; and they made over the bridge, towards the Thatched-house, in the Lower-street, which is a bad swampy way, in this weather; I ran into Cross-street, thinking to meet them; I came round, and in Thatched-house-row I met them both again; there was nobody in the street to call to for assistance; there was nobody but a poor old woman just behind them; I stopped and looked at them both full in the face; I was quite close to them; one of them (but which I cannot say) said as they passed me, d - n my eyes, that is the b - r we have done; they then crossed the road, and ran down the Elder walk; I never saw the prisoner again, till he was taken, which was last Tuesday night (January the 12th) I was sitting at home with my family, about seven, or a quarter after; when this witness, Browne, came to my house, and produced two cutlasses and a pistol, and laid them down, and said, how do you do; do you know these? I took up the cutlasses, and said, I did not know them; I took up the pistol, and saw the notch, and told him if I was dying, that was the pistol that was held to my breast the night I was robbed; I went to the Mitre with the patrol, and there I saw the prisoner: I was very much flurried at seeing the pistol again: I walked into the room; there might be fourteen or fifteen people in the room; there were some that I knew, and a many strangers; I pointed to the prisoner, and said, how do you do, young man? he said, he did not know me; I told him, I knew him perfectly
well; I then told these people, that he was the man that pulled the hat over my face, and held the cutlass to my head, while I was robbed; I saw no more of him till I went to Bow-street, the next day.Court. Look now at the prisoner; at this time are you positive that that is the man who stopped you, who pulled the hat over your face, and held the cutlass to your head? - Yes, I am.
Have you the least sort of doubt about it? - Not the least in the world; I gave that description of him at the office the next day after the robbery.
What description did you give of the prisoner, at Bow-street, the day after the robbery? - I told them he was a young man, of five feet eight inches high, rather slender made, with a round hat, and drab coloured coat, with a short tail; it was not a long coat; and that the other who held the pistol, I thought, was about five feet four inches high, he had on a round hat, and a drab coloured coat, and was a stout made man for his heighth.
And can you swear that you had an opportunity of taking so much notice of the prisoner, as to be able to give that description of him? - Yes; for when he first came out I was as much as fourteen or fifteen yards from the trees; the tree stands about four or five yards from the posts; I took particular notice of him, for he came all the way with the cutlass in this manner (over his head) which made me take the more notice of him; and of his dress also: the moon shone as bright as it could shine: a very fine clear evening it was then: he advanced towards me as fast as he could walk; he did not make a run of it.
But you had no further opportunity of making any observation of his person, after he had pulled the hat over your eyes, till the robbery was over; did you see his face after the robbery was over, when he told you to go away? - No, I did not.
Then the observation you made upon him was, as he advanced to you, and when you met him again at the Thatched house? - Yes; and it was so light that I could swear to the coat and waistcoat that he had on; the waistcoat is the same now; and I believe the coat is that in which he robbed me.
Had you a full opportunity to observe them when you met them again? - Yes, I had a full opportunity.
Had you mentioned any thing about the notch in the pistol to any body, before the pistol was produced? - I had mentioned it to two or three people that I knew, and particularly to a gentleman's servant, that lives with Mr. Wilkinson.
When you went to the Mitre, on Tuesday last, was the prisoner pointed out to you by any body? - No.
Did he appear to be as much at large as any of the other persons that were in the room? - Yes; I saw no difference; he was leaning against the dresser when I came in.
He was not in irons, or any thing of that kind? - No; I saw no irons, or any thing else.
How long were they robbing you? - A minute and a half, I believe, or two minutes; they were a considerable time robbing me, and keeping my hat down in that manner.
Prisoner. When I was picked out, was not my hands tied with a handkerchief? - Not that I observed; I looked at their faces, and not at their hands.
I am a patrole, under the direction of Sir Sampson Wright. On last Tuesday, the 12th of January, I was in company with James Whaley and John Jennings , on duty as patrol: about seven in the evening, going betwixt Cross-street, Islington, and Canonbury-place, I saw the prisoner behind a large elm tree, and advancing towards him, I seized hold of him; there were two more behind the tree, close to him, near the footpath; at the same time I heard something fall; and the other two ran off; I cannot be positive who they fell from; I then delivered the prisoner to Mr. Whaley, and ran after the other two; but
the night coming very dark, I could not see to overtake them; I returned to Whaley and Jennings, who were on the same spot; and I looked on the spot where I heard the cutlasses drop, and found them both lying there; I picked up nothing else but the two cutlasses; the prisoner was brought to a lamp, and searching him, I found this pistol in his coat pocket, Jennings and Whaley being present.Was it loaded? - No; the prisoner was taken to the Mitre, in Islington, to be further searched; I was sitting down at the Mitre when Hodgson came, for I was not well.
Did any body point out the prisoner to Hodgson, at the Mitre? - No, I am sure of that; there might be fifteen or twenty people in the room; Hodgson picked out the prisoner directly; Hodgson had seen the pistols and the cutlasses before we went to the Mitre; his shop was in the way to the Mitre: he observed there was a notch in the stock of the pistol; and said that was the pistol that was held to his breast; and I believe he said his right breast.
Prosecutor. I swear positively to this being the pistol that was put to my breast, the night I was robbed: I took notice of this notch or mark: the moon was on the left side of me.
Jury. Was the pistol loaded? - I could not see.
Browne. It was the tree highest to the footpath, on the left hand, on the road to Canonbury; and the prosecutor shewed me the tree, which was the same tree he came from, when he was apprehended.
Prisoner. I have nothing to say, and no witnesses.
GUILTY , Death . (Aged 23)
Tried by the second Middlesex Jury before Mr. Baron THOMPSON .
140. WILLIAM NORTH was indicted for feloniously assaulting Elizabeth Merchant on the king's highway, on the 1st of January , and putting her in fear and danger of her life, and feloniously taking from her person and against her will, a silver dollar, value 4 s. 6 d. and two shillings, her property .
I am a single woman. On the 1st of January, about eleven in the morning, on Friday, coming to East Acton , the prisoner came and asked me for my money, and said, if I did not give it him, he would knock me down; I begged him not to use me ill; I said, I would give him my money: I put my hand into my pocket; the prisoner said I was long, and if I did not make haste, he would knock me down; upon this I gave him six shillings and sixpence, and a dollar; the prisoner then said, I had not given him all; I assured him I had; he then ran away; when I turned round, I saw a man coming on horseback; and I told him I had been robbed; and I shewed him the prisoner, who was then running away; the gentleman immediately upon this rode to the village, to give the alarm; some time after the prisoner was brought to me; but most of the people who came with the prisoner I knew; but I did not know them all; there might be some strangers: the prisoner was dressed as he was in the field: he might be altogether about two minutes robbing me; he had a round hat on, but not so as to hide his face; I had a complete view of his face: I have no doubt of him.
I am a farmer. I was going to Acton; and I saw a lady running one way, and a gentleman riding the other way; I knew Miss Merchant; she came in great distress to me, pointing out the way that the man had run; saying that she had been robbed; upon this I looked, and I saw a man under a hedge; I pointed that way; and Miss Merchant said, that was him; I, with a man named Yeates, pursued the prisoner two hours; we had lost sight of him: I found the prisoner afterwards, and challenged him with the robbery; and then
he gave me a dollar and six shillings; I put the money loose with my money; but on recollection I separated it: I brought six shillings and the dollar here.(A shilling produced and deposed to.)
William Webb is on it, 1754; I had one shilling of my own in my pocket at that time; I never opened the money which I sealed up afterward, till before the magistrate; there I sealed it up again, and kept it.
I am a labouring man: I was at work in my master's yard; I saw some men running; a man said a lady was robbed; and I followed a man that he shewed me across Lord Holland's park; he jumped over the pales, and I after him; I took him near Old Holland house; John Keen was present; I was the first that laid hold of him; I took him to the Plow; and I saw six shillings and a dollar taken from him; but no six-pence.
I am a labourer: I pursued the prisoner; I did not see him taken; I was just by; I pursued him from East Acton; I saw him searched at the Plow, and six shillings and a dollar was taken out of his waistcoat pocket; he denied having any money.
I am a fishman. I pursued the prisoner with Montague; I saw him searched at the Plow: I asked him what two ladies he had been robbing: he pulled out six shillings and a dollar; and said, that was all he took from them.
The prisoner made no defence.
The prisoner called two witnesses, who gave him a good character.
Court to Essex. You did not see the prisoner rob the lady? - No.
When you went to the house, is it true you took hold of that man? - No.
GUILTY , Death .
He was humbly recommended to mercy by the Jury and Prosecutrix.
Tried by the second Middlesex Jury before Mr. RECORDER.
141. PETER SHALLEY was indicted for feloniously stealing, on the 19th of December , a wether sheep, value 40 s. the property of James Bond .
(The prisoner being a foreigner , a Jury of half English and half foreigners was sworn.)
MOSES HUGUENNIN sworn Interpreter.
JAMES BOND sworn.
I am a butcher in the Strand; I lost a sheep the 19th of December, out of a field at Mary-le-bone ; I swear to the skin of the sheep that was found upon him.
I met the prisoner the 19th of December, between seven and eight in the morning, at the top of Oxford-road, towards the fields; he had a bundle on his shoulder; I retreated; after he passed me about ten or fifteen yards, I laid hold of his bundle; I perceived it was some animal; I followed him about two hundred or two hundred and fifty yards: when he perceived I followed him, he threw away the bundle, and endeavoured to escape; I laid hold of him, and he told me the bundle he had was given to him by a farmer, or some man in the country, to take to Oxford-street, who had given him a shilling; I asked him why he threw away the property; he answered me in French; he said he could not speak English, that the property had only been delivered to him, to take it to Oxford-road; I brought him back to the bundle; and in endeavouring to bring him back to the bundle where the property lay; he would not take it up any more; I asked him where he lived? he said he had no abode; I begged of him to take up his bundle, and go with me; he said he would not; so I with two or three more
young men, put the bundle upon him, and went with him to the watch-house; when we opened the bundle, it was the hind part of a sheep, with half the skin on, which belonged to that flesh; it was quite cut right through; cut across; it was the hind part; the two hind legs; we examined him, but he would not speak English, any more than now, he would insist upon it, that this bundle was given him by a man in the country, to take it to Oxford-road; he did not say what particular place; I asked him; he said he did not know any other place, but that he was to take it to Oxford-road; Mr. Bond came and owned the skin.Jury. Had the prisoner any knife? - We did not examine him directly; but when we did, which was about four hours after he was taken, he had no knife upon him; his clothes were full of blood, and part of his shoes.
Court to Bond. Have you seen the side of the sheep? - Yes the mark was across the loins, I marked it down the head and across the shoulders, and there were two crosses besides across the loins, which is the mark that the salesman puts upon them.
Court. I suppose the salesman puts his mark upon the whole lot, that he is to sell that day? - Yes.
Was your own mark so particular that you could venture to swear to it? - There was my own mark upon it, a cross with red ochre; the butchers generally mark different marks, I can venture to swear to the skin from that mark; the drover told me he had found the other part of the skin, his name is Starkey, he is not here.
(The skin produced.)
Court to Bond. Take up that part of the skin that belongs to the hind quarter, and tell me if there is any mark upon it that you can swear to? - There is no part of my mark on this part of the skin; here is the saleman's mark.
Does that piece of skin indent and tally with the other? - Yes, it does.
Is there any certainty that these two pieces of skin must at first form one skin? - Yes.
Jury. It is impossible to say whether they do or not, for one is wet, and the other is quite dry.
I look after my master's property; I go round the field every morning; in the morning, I found I had lost a sheep; I searched every where; it was one of Mr. Bond's sheep; we take in different butchers sheep; then I found the blood, and then I looked no further; in about an hour or two after, I heard a man was taken; I went to Mary-le-bone watch-house, and I saw the hind part: I thought I was sure it was mine that I had lost; in about three or four days, or a week, we found this other half of the skin in Mary-le-bone fields, which was plainer still; we found it with the flesh altogether; part of it was turning green.
Can you recollect what the mark was, that was on the other part? - It was a dot across the face, and ochre all across the loins, and the salesman's mark, the same as the other sheep; the two parts were certainly parts of that sheep that we lost.
I saw the prisoner at the Wheatsheaf at Paddington, in the morning; a little before six, and a woman with him; they had a pint of purl; they went out; just as they got into the yard, I saw this man and a woman come past; the man had a bundle, and the woman had another: her's seemed a smallish bundle; his sack seemed to be above three parts full on his shoulder.
PRISONER's DEFENCE.
I had no woman with me; I was alone, carrying the bag; and a person gave me a shilling to carry it; and that person followed me; I was to carry it into Oxford-road; and the man was coming after me: I had no particular place to deliver it to; coming up Oxford-road, I looked for the man, and stopped and rested; then I abandoned the bundle, and some body came and bid me take it up; and they followed
me, and took me: the man overtook me just on the new road out of town: I am a shoe-maker by trade; and I was going to cut some little pegs for my work, and I met with the man.Where do you live? - I lodge in St. Giles's, but I do not know the name of the place, or the street.
Court to Henry. Did you tell me that the man said he should receive a shilling, or he was to receive a shilling? - He said he had received a shilling; I did not enquire whether he had any money then; when I searched him four hours after, he had no money.
Had he spent any money in the interval? - I cannot tell; but he could not have spent any money before he was searched.
(The Jury debated for a considerable time, and then the foreman informed the Court, that eleven gentlemen were of one opinion, and that the twelfth gentleman wished to go out of Court.)
(The Jury withdrew at twelve o'clock, and returned in half an hour.)
GUILTY , Death . (Aged 60.)
The Jury wish to recommend him strongly to his Majesty's mercy.
Court. I shall join in that recommendation; he is a foreigner; and stealing meat only, is a case of compassion I think.
Tried by the second Middlesex Jury before the Lord CHIEF BARON.
142. JOHN ASHWORTH and THOMAS WEBB were indicted for stealing, on the 23d of December last, two live cocks, value 2 s. and three live hens, value 3 s. the property of Christopher Chapmans .
I live at Sudbury-green , a farmer ; on December the 23d, between five and six, I was alarmed with somebody getting into my yard, and taking my fowls; they roost in an out-house which was open; but the gate of the yard was shut; I found only one dead hen, and a dead turkey; one in the yard, the other in the outhouse: about an hour, or an hour and a quarter after, I went into the adjoining shed, where the cows eat; I found five more; I pursued from information; and going along, two people told me the two prisoners were at the Plow at Kelstone-green, about five miles from Sudbury; I found them about nine the same morning, and seven more of my fowls dead, and hung up for shew and sale, at the public house; they were in their feathers; they were my fowls of different colours; they were clipped in the wing; I left one or two feathers higher than the rest, except one cock, which was not clipped; but I can swear to him, because his head was bare.
I live at Kelstone-green; we took these men with the fowls upon them; there was another man, the man in the scarlet jacket, Ashworth, had them all in a sack; we took them both to the public-house; the prosecutor had them again; the prisoners said nothing about the fowls; that is all I know.
Court. How came you to stop them? - That is all I know.
How came you to stop them? - That is all I know.
Do you mean that you are determined not to say another word? - That is all I know.
Why, friend, you would think I dealt a little hard with you, if I was to commit you to Newgate; why cannot you tell me how you came to stop them? - We saw them with the property on them.
How came you know there were fowls in the sack? - We did not know till we saw.
What induced you to stop them? - They offered to put them in the waggon; and these two men came to me for assistance.
I was called to assist on information; I called on two more; we followed the prisoners; I saw them both with the property
on their shoulder by turns; there was a third man, but he did not carry the bag; I followed them about a quarter of a mile in sight; I stopped them at Kelstone-green; Ashworth had the sack then; there were seven fowls in it.Deposed to the same as the last witness.
Prisoner Ashworth. The prosecutor said before the justice, that he knew we did not take the fowls.
Prosecutor. I heard that the man that they let go, did own to taking the fowls; they all belong to the first regiment of guards; but I do not know to my own knowledge, that I said a word of that kind.
Prisoner Ashworth. My lord, the prosecutor said, that while he lay in bed, he heard the man that did work for him take the fowls.
Prosecutor. He never worked for me but one day; I had no notion but there might be half a score men; I went into the yard with a weapon in my hand.
PRISONER ASHWORTH's DEFENCE.
I was with the other prisoner at his master's; and coming home a little in liquor, this man followed us with the property; we asked him what he had in the sack? he said it was no business of ours, it was his master's property; and he asked us to help him; we did not know what was in the sack; it was opened, and so I told the gentlemen when they took us.
The prisoner Webb made the same defence.
SERJEANT MUNRO sworn.
These two prisoners belong to Colonel Drummond 's company, the first regiment; Ashworth has been four years; Webb has been twice in the regiment; once he deserted; the prisoner Ashworth is a good soldier; I never heard any complaints.
BOTH GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before the Lord CHIEF BARON.
143. DAVID GREVILLE was indicted for stealing, on the 16th of December last, nine shillings in monies numbered , the monies of Richard Jellico .
I live in Aldersgate-street, an upholsterer ; I lost nine shillings on Wednesday, the 16th of December, going into Drury-lane playhouse ; I put down my hand, and felt the flap of my breeches unbuttoned; I charged the prisoner; he denied it; I could not then put down my hand to button my pocket; the very first opportunity, I put down my hand, and caught instantly the prisoner's hand with my pocket turned round; a part of the money was in his hand, part on the ground, and part in my pocket; the officer's name is M'Gillery.
Mr. Knapp, Prisoner's Counsel. This was in the passage leading to the pit door? - Yes.
The crowd at that time was making for the pit? - Yes, which was very great.
I believed you charged another person with the fact? - The first time when I charged him with picking my pocket, says he, you may as well say that man is picking your pocket? I replied, yes, I believe that man is employed in picking pockets, as well as you; I took no other person to Bow-street.
Then you never took any other man out of the passage, or by your desire? - No.
There were two examinations at Bow-street? - Yes.
Did you swear this at Bow-street, that you found the money in the prisoner's hand? - I swore at Bow-street the same as now.
Did you swear the first time you was at Bow-street, that you found a part of the money in the prisoner's hand? - I did not find it; the prisoner was examined, and some money was found about him; I had a French half crown, and a French shilling.
Court. What did you lose in the whole? - I had more than twelve shillings.
- M'GILLERY sworn.
I was in the passage leading to the pit door, looking after the people, giving them
notice; and I heard some gentleman calling out that his pocket was picked; I saw this gentleman laying hold of the prisoner; I saw some of the money in the gentleman's hand, and some fell on the ground; I asked the gentleman to give charge of the man; he said he could not part with the ladies that were with him, but he would appear the next morning; I took the prisoner to the Brown Bear ; and he took from his own pocket, which was half a crown and six shillings, the money I have.(The money produced.)
Prosecutor. I can swear to none of the money, only that I had a French half crown, and a French shilling.
M'Gillery. There is no shilling there.
Prisoner's Counsel. These half crowns are very common now? - I cannot say.
Did the prosecutor give you charge of two people? - No, he did not; he said, he believed the prisoner was one of the party concerned: I asked Mr. Jellico, would he give charge of the other? he said, no, he was not sure of the other, but he was sure of this man.
I was in the passage leading to the pit, hearing money fall, I, in conjunction with the evidence that was examined last, went to the assistance of the gentleman; he told us he had his pocket picked, and had the prisoner by the hand; he gave charge of the prisoner; and I assisted to take him to the Brown Bear ; there he pulled out of his pocket four half crowns and six shillings, in silver.
PRISONER's DEFENCE.
I was going to the play that evening with my wife; I was behind Mr. Jellico; a accused me of picking his pocket; and then he accused another man: I have sent for witnesses.
GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
144. JAMES O'DONALD was indicted for stealing, on the 25th of December last, one woollen coat, value 4 s. the property of Robert Lockett .
I am a publican : I keep the White Hart, near the New Church . I lost a Bath beaver coat, on Christmas day; it was taken out of a back room in my parlour, between three and four; my customers frequent it; but there was nobody there but the prisoner and another man: my great coat was in the room that day.
I was there the 25th of December: the prisoner and another man came in, and went into this back parlour; and then the other man came out, and asked for Mr. Lockett; and the prisoner went out in the mean while.
Deposed to the same effect; and added, that the prisoner went out with a bundle; was pursued, and brought back.
Mr. Hammond. I took the coat from the prisoner, and have had it ever since.
(Deposed to.)
PRISONER's DEFENCE.
We went into Mr. Lockett's on Christmas day, about two, John Williams and I; he is acquainted with that house; he went into the back room, and sat down, and called for three pennyworth of crank: Locket was sitting in a chair, by the fire place, when I came in: the coat lay on the table: I had occasion to go out: Mr. Lockett got up; and Williams said to me, I have a job, neighbour; I said, very well; says he, take this coat; and I took it; and the gentleman followed me, and took me.
The prisoner called five witnesses to his character.
GUILTY .
Privately whipped .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
145. THOMAS SMITH was indicted for stealing, on the 17th of December last, one leaden pump, weight fifty pounds, value 5 s. the property of William Dimock , fixed to his dwelling-house .
I live at Paddington . On the 16th of December last, in the morning, I observed that somebody had been trying to take away my pump, the over night; the spout of it was very much bent; the pump stood in a back yard; the wood is fixed to the house, and the lead is fixed to the wood; being in London the next day, I was on horseback; and the turnpike man asked me to alight, and shewed me the pump; I had not missed it before I went to London; the turnpike man's name is Henry; I knew the pump; it was the whole of the pump, as far as was above the ground; I went home to see if mine was gone; and it was; and I let him know; I knew it by being so particularly bent in the spout; I observed no letters upon it: I did not compare it afterwards, being so very positive it was mine: it is not a large pump, and the spout very narrow, remarkably narrow; the pump is here: I went to the turnpike with a friend: I saw the prisoner three or four days before this happened; he used frequently to pass through the house; ours is a publick-house; and the prisoner and his master live in the Mews; they are chimney-sweepers: after looking at the pump, I sent my servant for it; and from the description of the patrol, I apprehended the prisoner; and he came to me and acknowledged that he had took it, after some persuasions.
Court. You told him it would be better for him if he confessed? - Yes.
- HENRY sworn.
I am employed at present, on the road, as a patrol man. On the 17th of December, between seven and eight in the evening, I perceived the prisoner passing by my box, which is just by Tyburn turnpike; he was coming from Paddington; he had a bundle, which seemed very heavy; I came out of my box, and went up to him, and laid hold of his load; I perceived it was of substance; and asked him what he had? he said, it was lead, he found it in the road; it was wrapped up in a bag; and was going to take it to the watch-house; I laid hold of him, and brought him back towards my box; and he dropt it down so gently, while I was going to my box, to get my piece, that I did not even hear him drop it; and he made off; I made a noise, but could not catch him that night; the next day I saw him again: I took the lead to the turnpike; the turnpike man is not here; the next day the proprietor took it away; but I did not see him: I saw it at the turnpike the next morning, the 18th.
Can you swear that the lead which you saw the next day, was the lead you had brought there? - By the bend of the spout I can. In the evening of the 18th I saw the prisoner again, at the prosecutor's, where he was sent for; I could not altogether so well swear to him, it being dark, though his voice I knew; and by his size, I could well guess, but could not positively swear.
The prisoner now makes a very different appearance? - Very different.
Can you swear he is the boy? - By nothing but his mere confession.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON .
146. JANE WALMSLEY was indicted for stealing, on the 6th of January , one half guinea, two half crowns, and two shillings , the monies of John West .
I live at the London Coffee-house: am a porter . The 6th of January last was ordered to go with a coach, for my master, to Drury-lane Theatre; I called the coach the other side of Temple-bar, and went into Drury-lane in it; and by some means I missed my master coming out of the play-house; and looking for
him; and all the people were gone; I dismissed the coach; taking it for granted he was gone home: then I went to go home, and going through Horton-street, Clare-market , the prisoner met me full plump in the middle of the street; now I cannot recollect whether she spoke first to me, or me to her; I supposed she was a prostitute, and I put my hand on her bosom, and in that minute I felt a quick snatch at my breeches pocket; and I said immediately, madam, you have robbed me, and immediately put my hand into my pocket, and missed my money; and called the watch, and gave her in charge; he took her to the watch-house: the constable searched her in my presence, and found half a guinea in one of her hands, and two half crowns, and two shillings; in her pocket there was a bad shilling and a halfpenny.You did not feel her hand in your pocket? - No.
How do you know you had this money in your pocket? - I know I had it when I set out from home; and I called no where but at the Globe Tavern, and drank two or three glasses of punch with the servants.
Was you perfectly sober? - I do not know; I had been drinking some at home, and some at the Globe Tavern: I went no where with the prisoner: it was scarcely a minute the prisoner was with me: I had two half guineas, and seventeen shillings, in my pocket; I had one half guinea and seven shillings left; I paid two shillings for the coach, and spent one shilling at the Globe Tavern; I had given the prisoner no money, nor talked of giving her any: I do not know that the money that was found upon her was mine.
Court. There was a good deal of crowd about the play-house; - Yes.
I am a watchman of St. Clement's: I took the prisoner into custody: the prosecutor charged her with robbing him; he did not say of what: as she came into the watch-house I observed her putting her hand into her pocket; then she took out her hand, and put it to her mouth; and a half guinea was directly after found in her hand; and I saw her try to swallow some thing, when the constable came in; then she put down her hand from her mouth; and it was immediately searched; and I took half a guinea out of her hand; it was the same hand she had put to her mouth.
I was constable of the night: the prisoner had been searched before I came in; I proceeded to search her; she had her hand clinched, and was very unwilling to be searched; I saw the half guinea taken out of her hand by the watchman; and I took this silver out of her pocket, two half crown pieces, and two shillings; there were two other shillings taken out, which the prosecutor did not claim.
Prosecutor. I am sure I had three half crown pieces in my pocket, and I had but one remaining: I said to the watchman before she was searched, that she had robbed me of half a guinea, and seven shillings, in silver.
Court to watchman. Is that so? - I remember nothing of it.
PRISONER's DEFENCE.
The person I sell fruit for in Covent Garden went out to spend the evening; I had been to take care of her children; I was coming home, within four or five doors; this person met me, and spoke very familiar to me, and asked me how I was; I concluded he knew me extremely well, and I made a full stop; when I looked at him I perceived he was a stranger; I said, I fancy my friend, you have made a mistake; He said, no, I know you very well; and he laid hold of my hand; says he, will you have any thing to drink? I said I would not; it was very late, and was near home, and had a child to mind, and did not want any thing to do with him; he told me he would provide for my child if I would go with him; he still kept hold of this left arm: he put his hand into my bosom, and behaved very ungenteel to
me; then he put my right hand to his breeches, but not to his pocket; then I insisted on going from him; when he found I was not agreeable to his wishes, he said, you have robbed me; I said, of what; he did not mention any sum, but said I had robbed him: I had an opportunity of going before the watchman came; but I staid; when the watchman came we went to the watch-house; and I was searched; there was nineteen shillings and sixpence in silver, and nine pennyworth of halfpence, and one bad shilling found upon me. I hope you will take it into consideration, for the sake of my child: I never was here before: my mistress was here yesterday; but she has a delicate constitution, and the weather being bad, I do not know whether she is here to day.GUILTY .
Imprisoned six months , and fined one shilling .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON .
147. JOSEPH BLINKINSHIP was indicted for stealing, on the 6th of January , two silver forks, value 20 s. the property of Sir Richard Heron , Baronet .
I am butler to Sir Richard Heron . On Thursday last one of the witnesses brought to me a spoon fork, broke in two, to know if it was Sir Richard's; I took it to my master; I examined the plate, and I missed two spoon forks: and very soon after Mr. Shipley, the other witness, brought the other spoon fork; I counted them on taking possession, three weeks before; I do not know how long either of them had been missing; I was very sure the crest was the same as the other; I can say nothing of that which had no crest, only it answered in pattern: the prisoner was apprehended that evening; I found him in custody, and knew him; he had called on me the day before; he said, he was going into the country; he staid ten minutes: he was in that room called the buller's pantry; the key was in the press; and I was called to answer my master's bell, for two minutes; I left the prisoner alone, and found him alone.
I live No. 49, Oxford-street: I am a silversmith. The prisoner brought me a fork, broke in two, on Wednesday afternoon; he first asked me to buy it; on seeing the crest I refused it, telling him it was dangerous, having a crest; he said it belonged to Lady Mary Fletcher , South Audley-street; he wanted the fork back; that I declined; he said, he had lived in that family, and had had an accident, and broke it, and replaced it; he asked me if it would sell better if mended? I told him it would; and he was to fetch it the next morning: I found the crest at last, and went to Sir Richard Heron 's: the prisoner came at four o'clock; I stopped him: he was taken to the office.
I am in the silver business, in Piccadilly. On the 6th of January, in the evening, the prisoner brought two pieces of one fork, to sell or mend; I asked him whose it was? he said, his own, that he lived with Lady Mary Fletcher , who resided in a house in Grosvenor-square, with Sir Richard Heron , and had part of the house; he said, he was under butler, he had broke it, and replaced it; I told him I could not part with it, till I had enquired; he seemed very content, and said, I need not enquire that night; he gave me his name as John Thompson , under butler; the next morning I went to Sir Richard's: the prisoner was apprehended at Mr. Goddard's.
I took him into custody.
PRISONER's DEFENCE.
I went to see my uncle: I saw them, and I could not help taking them; I broke them to throw them away; I had not power to throw them away; and I was going down Piccadilly, and I offered to sell
them to this gentleman; I was so ashamed, I did not send for my friends; I lived with the Archbishop of York last.Court to Ewer. Are you his uncle? - Yes.
What aged man is he? - In his twentyeth year.
What way of life has he been in? - He has been a livery servant; he did not stay long.
Can you give me any information about him? - I never heard any thing dishonest of him before: I never had any reason to suspect him: his friends live in Cumberland.
How long has he been out of place? - He lived at the Archbishop of York's last; I believe they discharged him because he did not give satisfaction.
Is there a lady, Mary Fletcher , that lives in the house? - No.
GUILTY .
Court to Mr. Ewer. Are you aware of any way by which this young man could be saved from ruin? - My lord, he told me he was going home; they will take care of him at home, in the farming business.
Court. Would there be any means of getting him safe down out of this town? - Yes, my lord, I will undertake to send him to his father and mother.
Court. Let him stay till the sessions is over, and then be privately whipped and discharged.
Tried by the second Middlesex Jury before the The Lord CHIEF BARON.
148. THOMAS CARR and WILLIAM SMITH were indicted for stealing, on the 23d of December , one lawn handkerchief, value 6 d. one cotton ditto, value 6 d. one pair of cotton stockings, value 1 s. one linen pillow case, value 6 d. the property of Thomas Hanson ; one linen shirt, value 10 s. the property of Laughlin Morrison .
I am wife of Thomas Hanson ; I lost the things in the indictment, on the 23d of December, from a low room which I live in; between five and seven in the evening, I went to the next door but one for a quartern of sugar; I left my door a jar; and on my return, Thomas Carr was in the passage; I cried out that I was robbed; he held me by my two arms; and I saw the prisoner Smith in the room; I screamed out; Carr said, what is the matter; I never saw them before; Carr held me, while Smith got off with my property; but I followed him; and Morrison came up and secured Carr: Carr made a noise as though he spoke to Smith, but what he said, I cannot say; this was on Wednesday; Smith was not taken till Monday; I saw him again at the Virginia Planter , Ratcliff Highway; an officer had taken him from the information I got: I am sure Smith was the same man; Smith had the property wrapped up under his right arm; he had just pulled it off the line; I could see the large things under his arm, not the small ones: I never found any of the property; the things were mine; I missed them all.
LAUGHLAN MORRISON sworn.
I am a shoe-maker ; this woman called for assistance: she had hold of Carr, and said she was robbed, and desired me to take him to the justice's; I stopped Carr; he said he would go with me to the justice; I lost a shirt.
I am an officer; I apprehended Smith; I found nothing on him; the woman picked him out among twelve other people.
PRISONER CARR's DEFENCE.
I belonged to a ship at Shadwell-dock tier; I follow the sea: I belonged to the Unity; coming up Griffin-street, there was a woman singing out stop thief! I asked her which way they were gone? she said, you know, I will make you find them; she took me into custody; I did not know where her house was, till she took me there.
PRISONER SMITH's DEFENCE.
I had been to rigging work, and that man came and asked me for one John Williams ? I said, no, my name is William Smith ; he took me to the Virginia-Planter, and then the woman came in; then he let me out; and he asked her if she could swear to me? and she said, no; then he winked at her, and then she said she would.
Prosecutrix. I never said any such thing.
(The prisoner Carr called two witnesses to his character, and the prisoner Smith called one witness to his character.)
BOTH NOT GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
149. JOHN ROBINSON was indicted for stealing, on the 2d of January , one cloth cloak, value 5 s. the property of Margaret Sanderson , widow .
I am a widow ; I lost a cloth cloak in Cornhill ; the prisoner came to my house to ask for lodgings; I know nothing of him.
I am an officer; on the 1st of January I was going through Wellclose-square, and saw the prosecutrix have hold of the prisoner; she said he had stole her cloak, and took it from her forcibly in an alley in Cornhill; I took him before the magistrate; there he said the prosecutrix gave him the cloak.
Prosecutrix. The prisoner asked me to go with him to get some muslins and handkerchiefs, in a court in Cornhill; when we got there, he pulled the cloak off my shoulders, and ran away: it was Ball-court; he never spoke to me: I called out, but saw nobody; two more men came up to me the instant he was gone, and tore my bed-gown down, and pulled my bonnet over my face, that I could not see them; I gave an alarm, but nobody came to my assistance.
Prisoner. Did not you unpin the cloak, and give it me to tie up the muslins in.
I am landlady to the last witness; she takes in washing; the prisoner came to my house for lodgings; I told him he might have lodgings; he told me he was just come home in the Contraction East Indiaman; he asked me or my husband to go and fetch some muslins; he could not go; then he asked the prosecutrix to go with him first to Well-close-square, then to Billinsgate, and then to the City, to look for the chief mate; Mrs. Sanderson went with him about six in the evening, and returned about ten, very much frightened, and said, the prisoner had stolen her cloak in Ball-court, Cornhill; and that two other men tore her bed-gown, and pulled her bonnet over her eyes, that she could not see any thing; she is a very sober woman.
PRISONER's DEFENCE.
When I went with her to fetch the things, she said her husband was dead, and she had buried her two children; and when we have got the things, you may as well come and live with me, I am a widow; she gave me her cloak and handkerchief to tie up the muslins, because her apron was old, and would not hold them.
GUILTY .
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
150. ELIZABETH HERRING was indicted for stealing, on the 30th of December last, one pair of silver shoe buckles, value 20 s. a pair of silver knee buckles, value 3 s. a pair of stone sleeve buttons, value 1 s. one ivory egg box, value 1 d. the property of Samuel Lockyer .
SAMUEL LOCKYER sworn.
I am a labourer in the Tower: I lost the things mentioned in the indictment: the prisoner lived at the next door: on the 30th of December, I went to the Tower about eight o'clock; a woman that lodges in my house, informed me there was somebody in my room: one George Friend came and fetched me: on going up stairs, Friend found the prisoner under the bed; the things were locked up in a box, and the box was forced open with a hatchet; how she got in the room, I know not: they were all found upon the bed, taken out of the box; the door of the room was locked; but no violence was seen on the door.
I was in my own room, and I heard some rattling at the door over my room; I called out twice, and nobody answered; I went up stairs and looked in at the door, and saw some person move under the bed; I ran down stairs and called assistance; Mr. Friend went up and found the prisoner under the bed, and the things on the bed.
Mrs. Wallis called me, and I went and fetched the prosecutor, and went up stairs with him, and found the girl under the bed; I asked her how she came there, and she said the door was open.
I am constable; I only took charge of her, I did not search her.
Prosecutor. The property was all taken out of the box, and laid loose upon the bed.
NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
151. JAMES ASKIN was indicted for stealing, on the 30th of December , four yards and a half of printed cotton, value 5 s. and one muslin handkerchief, value 5 s. the property of Joseph Proctor .
I live in Fleet-street ; I am a linen-draper ; the prisoner was my porter : having lost things several times, on the 30th of December I had his box searched in his presence; he opened it himself; and we found the remnant of callico of four yards and a half, mentioned in the indictment, and a muslin cravat in his box; I had a suspicion he had some more of my property at a house; I got a search warrant, and found some duplicates which led me to find some other property.
Mr. Garrow, Prisoner's Counsel. How long did the prisoner live with you? - About five months; I had a very good character with him.
Court. When did you make this charge of this remnant of callico? - About three weeks before, which he said he had lost, and I charged him the common price, also a cravat; but there were two found in his box; the one was sold to the prisoner; Mr. Webster sold it him, but forgot to enter it in my book.
I was servant to Mr. Proctor, but not at the time of the robbery; (the callico produced;) this is my mark, which I made while I was with Mr. Proctor.
I was present when the prisoner's box was searched; this piece of callico was taken out of his box; the prisoner said he bought it of Burrows; I did not sell it him.
I am shopman to Mr. Proctor; I know this to be Mr. Proctor's private mark.
I am the officer who took the prisoner; the pawn-broker would not come; the prisoner's washerwoman produced to me three duplicates, one for a muslin handkerchief; the second, a shawl; and the third, a remnant of callico.
I am a quaker.
Court. I cannot examine her.
PRISONER's DEFENCE.
I bought this piece of callico of Burrows, and did not know but he had entered it.
(The prisoner called three witnesses who gave him a very good character.)
Court to Burrows. Are you sure you did not sell the prisoner this callico? - I am certain I never sold it to him, not even had any conversation with him about it.
GUILTY .
Whipped , and imprisoned six months .
Tried by the London Jury before the Lord CHIEF BARON.
152. MARY DOBSON was indicted for stealing, on the 24th of December last, one linen handkerchief, value 18 d. one huckaback towel, value 6 d. the property of James Bond; one linen shirt, value 10 s. two linen handkerchiefs, value 1 s. 6 d. the property of William Hicklin ; one linen shirt, value 5 s. the property of Alexander Robinson .
JAMES BOND sworn.
The prisoner was a servant of mine; I called her up one day, and said, cook, we have reason to suspect you, and let us search your box; my wife searched it; I was not present; she was remanded to the Compter, and I got a search warrant; she said her lodging was in the Borough; and in searching her boxes, we found a variety of articles, such as lump-sugar, tea, starch, soap, and a shirt of Mr. Alexander Robinson 's, a gentleman of Scotland, and two pocket handkerchiefs, my property: I keep the Baptist-head coffee-house, in Aldermanbury; Mr. Robinson had lodged with me three months; Mr. Hickling is a gentleman from abroad; he lodged with me.
JOHN FLETCHER sworn.
I produce two ruffled shirts, and three handkerchiefs, out of her boxes; Thomas Dalton said it was her box.
The boxes were lodged in my room by the prisoner, when she went to service, I suppose, three quarters of a year ago; I kept them ever since.
(The things produced, and deposed to.)
Bond. Hickling is at present a lodger, and has been for two or three years; Robinson left me about May; I searched the prisoner's box the 24th of December; this handkerchief has no mark; I believe it to be mine, from its exact resemblance to others I have; and I had lost one.
I missed my shirts and handkerchiefs three or four months past; the washerwoman was blamed; this is my shirt, marked W. H.; and I have numbers of others of the same sort: here is a handkerchief of mine, marked W. H. No. 12; I had lost such a one; here is an old handkerchief with my name at full length; I had that when I went to live with Mr. Bond.
Mr. Garrow, Prisoner's Counsel. Did you never give away a shirt? - No.
Do you remember being asked by this woman for a shirt? - Not to my recollection.
Do not you remember telling her she might take one or two if she liked? - No.
I know this shirt to be Mr. Robinson's; I looked over his linen when I sent it to wash; this is marked A. R.
What are you? - I lived with Mr. Bond as waiter, at that time: when Mr. Robinson went out of town, it was about a fortnight after the prisoner came to live there; he made a sad piece of work about a shirt he lost; the prisoner said she knew nothing about it; he went from the house in a great passion, and said he would never come into it any more.
PRISONER's DEFENCE.
I have nothing to say; but the shirt was left when Mr. Robinson went out of town, and I took it into my care: I have a great many witnesses, but whether they are here, I do not know.
(The prisoner called two witnesses to her character.)
GUILTY .
Fined 1 s. and imprisoned six months .
Tried by the London Jury before Mr. Justice BULLER.
153. JOHN CAMERON was indicted for stealing, on the 9th day of January , one check linen apron, value 14 d. one linen ditto, value 6 d. a stuff petticoat, value 2 d. a dimity bed-gown, value 2 s. and a pair of stuff shoes, value 2 d. the property of John Lucas .
I am a servant out of place; I nurse Mrs. Lucas, who has lately lain in: I was going out of the front room into the back room, about four in the afternoon; I saw the prisoner stand with a bundle of clothes; I asked him what he did there; he made no reply; seeing his fist bent, I drew back; he ran down stairs; I called stop thief! and he stopped, and said, there are your clothes, there they are all, say nothing; upon that, Mr. Lockyer, who lodges in the two pair of stairs, came down and catched him.
I lodge in the house of one Mr. Fisher, where Lucas lodges; last Saturday, about Four o'clock, I heard this young woman calling stop thief! I went down and made snatch at him, and missed him: I ran after him; he slipped, and fell down: I saw, before he fell, a wet shawl; I carried him before the justice; I kept the shawl till I went before Mr. Bond; then I shewed him; it was very wet: he ordered me dry it: the people at the Brown Bear endeavoured to get the prisoner off, because I had not a shilling: the gentleman that helped to take him, saw him going from the fire; immediately a friend of mine came in; I asked him to go to my wife for a shilling; a shilling was brought, and given to the constable, to take charge of him; which he did: I have kept the shawl ever since; this is the shawl that I saw the prisoner drop: the young woman produces the other things.
Sarah Lemon. I took up the bundle, and put it in the room from whence the prisoner took it; I have had the care and custody of it; I know the articles contained in it; I know this shawl; I had just washed it, and hung it over the line: here are two coarse aprons, and a stuff petticoat, an old stuff gown, and this bed gown, and an old pair of stuff shoes; these are the property of John Lucas ; I have seen his wife wear them and wash them several times.
I keep a house next to No. 4, in Bullen-court. I heard the cry of stop thief: I assisted in taking the prisoner: the people had a wet shawl.
Prisoner. I have nothing to say. I had no time to send for any witnesses.
GUILTY .
Fined 1 s. and imprisoned six months .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
154. JOSEPH CROSS was indicted for stealing, on the 11th of January , three linen caps, value 6 d. the property of Hannah Abedward , widow ; one shirt, value 12 d. and one muslin stock, value 1 d. the property of William Abedward ; two caps, value 6 d. one apron, value 12 d. one shift, value 2 s. the property of Sarah Hall , spinster ; and two cotton shawls, value 2 s. the property of Ann Hall , widow .
I live at No. 75, Pennington-street, near Ratcliffe-highway . Last Thursday I went to a neighbour's house, and left my
door open, and returned in about ten or fifteen minutes; I had an alarm before I got home; I went, and saw the prisoner in the custody of Forrester; he took the boy and the things; and in the evening I went to the justice's, and there the bundle was examined: there were three caps of mine; and two caps, and a shift, and apron, belonging to the girl, Sarah Hall; and other things, belonging to Ann Hall, the girl's mother; a shirt and stock, belonging to my son: I had been ironing them.I am an officer at Shadwell. Last Thursday, between twelve and one, I saw the prisoner, and Sarah Hall running after him: I pursued him, with a bundle, in an apron, tied round him; I took him and the bundle before the magistrate; and the prosecutrix and other parties swore to the property.
I live with the prosecutrix: I saw the boy, the prisoner, coming out of the house with a bundle: I had been out, and was just coming home to the door; and saw him come out of the house with his apron full of things: as soon as he saw me he ran up the hill; and I called out stop thief; and he was taken by an officer: I am sure the prisoner is the boy I saw come out of the house; he says he is a lamplighter: I was at the justice's; and I know two caps, a shift, and an apron, of mine, and two shawls of my mother's.
I am son to the prosecutrix: I only speak to my own property.
(The things produced, and deposed to; the three lawn caps deposed to by the prosecutrix, and the shirt and stock of her son's.)
I always washed them; and I know them likewise: this is Sarah Hall's shift and apron; and these shawls are Mrs. Ann Hall's.
Court to Sarah Hall. Do you know your things? - I do, for I have washed them several times.
GUILTY , aged 20.
Whipped , and imprisoned six months .
Tried by the second Middlesex Jury before the Mr. Baron THOMPSON .
155. WILLIAM HAWTHORNE was indicted for stealing, on the 4th day of December last, one man's leather saddle, with a pair of iron stirrups, plated with silver, value 12 s. the property of Jeremiah Blakeman .
I am a timber merchant . I lost a saddle and stirrups.
I am a sadler. I prove the property.
I drive the Limehouse stage. The prisoner told me his master had given him a saddle, because the dog had gnawed the stuff of the lining out; I believe it was this day (Thursday) five or six weeks; I saw him at the Britannia, Limehouse; he did not shew me the saddle; he said, there were plated stirrups; next morning I took out my corn bag, and carried it into the house, and met the prisoner at the door of the Britannia; says he, there it is; what will you have to drink? he did not give it me: I saw the saddle lay at the top of my coach box: we had a glass of liquor each: I put the saddle into the boot, and drove off; I took it to Mr. Talbot, Whitechapel-road; he told me to call again; he said he could not afford to give above twelve shillings; he asked me where I had it; I told him I suspected it was stolen: I asked nothing for it: I said I would send the man himself; I left the saddle, and went to Mr. Blakeman, whose servant I knew the prisoner was; I met the prisoner as I was going; he asked me how I came on? I said, I would tell him presently: I think I should know the saddle again: the prisoner came half an hour afterwards, and asked me how I came on with it; I told him I could not tell him, till four o'clock.
I am hostler at the Britannia, Limehouse; the prisoner brought the saddle to me on Friday morning; and desired me to give it to the coachman; it had plated stirrups; I put it on the coach box: I should know it again.
Blakeman. I cannot swear to it; but I missed one of that description; the prisoner was servant to me when I first missed it; he went off directly: Foster informed me of the loss of it, of a Friday, about five weeks ago: I had a new saddle besides this; I bought this saddle of Mr. Talbot about May last.
(The saddle produced.)
Talbot. I sold this to Mr. Blakeman; I know it by the make and cypher, R. C. I took it of a gentleman in change; it had plated stirrups.
Prisoner. I have nothing to say. I have no witness.
GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
156. WILLIAM HATTON was indicted for stealing, on the 26th day of December last, two guineas , the monies of John Bird .
I am a taylor . On the 26th of last month I went to Mr. Jones's, the Lamb and Flag, in James-street, Oxford-street , to get change for two guineas, to pay my men, which I generally did of a Saturday; I went into the parlour, and rang the bell; and the prisoner came; I gave him two guineas: he was servant to Mr. Jones: I told him to go to his master, and get me the change; he was some time, and did not bring it; I rang the bell again, and the prisoner came himself; I asked why I had not the change; and he told me he would bring it in a minute or two; I waited, and rang the bell to know; and the servant girl came, and brought me the change for two guineas; and when she laid it down she asked me for the two guineas; I told her I gave it to the servant boy, some time back; they could not find the boy afterwards; I saw the boy on the Sunday following, at Mr. Jones's; I was sent for, being a constable, to take him to the watch-house; and he was committed; I was as sober then, as I am now: I am positive I gave him the two guineas; I had one guinea left in my pocket.
- JONES sworn.
I keep the Lamb and Flag. I know the prosecutor: he was at my house the evening he mentions, and comes every Saturday to pay his men: I know Mr. Bird rang the bell twice; I was in the bar all the time; I sent the change for two guineas, by the girl: I had no conversation with the prosecutor that night about it, because I went in search of the prisoner; I could not find him: I saw him on the Sunday se'nnight; I asked him how he could do such a thing; he said, he could not tell what induced him; that he was persuaded to do it; so he said before the justice.
I work for Mr. Bird: I went with him at this time to the Lamb: Mr. Bird went into the room, and desired the prisoner to get him change for two guineas; I was in the room, and heard him ring the bell; the prisoner came in once, and said he would bring it immediately: I never saw him till the Sunday se'nnight after, in the watch-house.
Prisoner. Please you my lord, I am guilty. I have nobody to my character.
Court to Jones. How long had you this boy? - Three weeks; he was recommended to me from the work-house.
GUILTY . (Aged 21.)
Privately whipped .
Tried by the second Middlesex Jury before Mr. RECORDER.
157. ROBERT HARDING was indicted for stealing, on the 15th of December last, ten pounds weight of ham, value 5 s. the property of William Ford .
I keep a cheesemonger's shop , in Ratcliffe-highway : I was in the shop. I was informed I had lost a ham; and John Russell ran after the prisoner.
I pursued the prisoner, and took him in about thirty or forty yards; he had nothing
upon him; I saw him drop a ham about five yards distance from me: I collared him, and brought him back; he was walking; but when he saw me running, he ran, and threw down the ham: I took him: I never lost sight of him: I do not know who picked up the ham; I brought the prisoner to the shop.I am headborough of St. George, Middlesex. I only took the prisoner into custody: this ham was given me by Mr. Ford; I have had it ever since.
(The ham deposed to, marked W. F.)
Prosecutor. I picked up the ham myself: I missed a ham; I had eight branded, which I sent to be smoked: I told them over; and missed the ham immediately.
PRISONER's DEFENCE.
Coming along I saw a parcel of people running; I ran: they caught hold of me, and said I stole a ham.
(The prisoner called three witnesses who gave him a good character.)
GUILTY .
Whipped .
Tried by the second Middlesex Jury before Mr. RECORDER.
158. EDWARD MILLION and SAMUEL REDFORD were indicted for stealing, on the 7th of January , six live hens, value 2 s. 6 d. the property of Charles Hundley .
I live in Red-lion-market . I fastened in these six fowls, the night of the robbery.
I went to the prisoners room: they live near Green-arbour-court, St. Luke's; I heard one say to the other, we must get up, it is half past five, we shall not be there at six; and they called to a girl to make them a bag, and that she must get up and go with them; and what the bag would not hold, she must bring home alive in her lap; they all three, the two prisoners and the girl, came out of the room together; they came towards this market; I followed them down; I lost sight of them; I saw them again going out of the market with the fowls in their hand; Million had the bag; we followed them to Play-house-yard again; we did not understand what they said; I spoke to a patrol, and we took them: Million had the fowls in his hand; says I, Million, what have you there? says he, fowls; says I, put them down, or I will cut you down directly; the other man had nothing, and said nothing; these are the six fowls.
I am a patrol; at six in the morning, I saw the two prisoners come out of Red-lion-market, with the property on them; I pursued, and took them; Million had the fowls; I delivered them to the owner, after the hearing; it was about four hours after; I heard them converse together before I took them.
(The fowls deposed to.)
PRISONER MILLION's DEFENCE.
I got up at about a quarter before six; I went to call this young fellow; we were going to Fleet-market to buy some apples: he left me in Golden-lane; and in White-cross-street, I saw a bag sticking at the corner of the post, and one of the fowls jumped up, and it jumped in again; I took it, and went to this young fellow's house again.
PRISONER REDFORD's DEFENCE.
I met this young fellow in Golden-lane: and as I was going home, the patrol laid hold of me.
BOTH GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
159. ASHER POLLOCK was indicted for feloniously assaulting Charles
Heath on the king's highway, on the 9th of January , putting him in fear and danger of his life, and feloniously taking from his person, and against his will, two pieces of callico containing fifty-six yards, value 30 s. one piece of printed cotton, containing twenty-seven yards, value 27 s. one linen wrapper, value 18 d. the property of Samuel Garrard .(The witnesses examined separate.)
I am thirteen the 11th of next May.
Do you know the consequence of telling a lye? - Yes.
What is it? - If I tell a lye, I must go to the devil; I live with Mr. Garrard; he is a linen-draper; I carried some linen for him, on Saturday, the 9th of January, to Whitechapel, from Watling-street, about two in the afternoon; a man took the linen away from me in Whitechapel.
How many men took it away from you? - Two.
Have you ever seen the men before? - No.
What did they say to you? - I went into a house to ask my way, and two men came up to me, and said they were going to the house; and they took me down ever so many entries.
Do you know the names of the places where they conducted you? - No, I cannot say I do: then they wanted to feel the weight of my parcel, and asked me to let them carry it, which I did not; I refused it; then one took hold of me by the arm; he stood before me.
Do you know the men again? - Yes; the prisoner is one of them.
What did the prisoner do? - It was he that held me.
And the other man took away the things? - Yes; then that man had hold of me; and afterwards he took a letter which I had, out of my hand, and tore it open, and almost tore it to pieces; the man that took the things from me, ran away.
Did you cry out? - Yes.
What did you call? - I did not call any body.
Nor you did not cry? - They made me cry.
What did this person do, after he took this letter and tore it? - Then he delivered it to me again; then he pointed the way where the other was gone; and he pointed a wrong way; then I went up some places, and then I met the patrol; and then I got into the street: then they had me home; and afterwards, they asked my master whether they were to go after him; and then they went after him.
Did you ever get the cloth again? - Yes; he caught the man and the cloth, but I was not there.
Mr. Garrow, Prisoner's Counsel. You did not know either of the people before? - I never saw them before.
The description you gave of them, was, that they had white jackets on? - Yes, I knew him by his face
I only swear to the goods; the patrol has the goods: I delivered these goods to the boy; they were a piece of printed cotton, and two pieces of callico; they were the property of Mr. Garrard, of Watling-street.
Mr. Garrow. I want to know how long it is since you received sentence of being transported? - Sentence! why that is nothing to the case: what makes you put such questions here? you know what I am come here for.
When was it? - I do not know; you look in the book; you know.
You object to answering then, when you was ordered to be transported? - That is no business to you.
Court. Have you the goods here? - Yes: on the 9th, the Saturday before last, about four in the afternoon, the little boy came to my house with one of our patrols from Whitechapel; he told me that the boy was robbed of a bundle.
Court. Where did you get these goods? - I went to the house, and took three men by information.
From what house? - The Duke's Head in Wildford-street.
Who were the three men you took? - The prisoner and two more: the goods were not there.
Where were the goods? - They had a dispute among them, in the presence of the prisoner.
What did he say? - He said he never was guilty.
The prisoner said so? - Yes.
How did you get these goods? - I took one of them out; he says, you go with me to another public-house, and I shall deliver you the goods; I left two men in possession of the prisoner, and I went to another public-house in Petticoat-lane; and then he sent for his brother; and he told his brother that he should go to Woolpack-alley, in an open cellar, and he would find the property; I sent one of our patrols with him.
Then you was not present at the time of finding the goods? - No.
How did these goods get into your possession? - The brother of the prisoner, and the patrol brought them to me.
What is the patrol's name? - Benjamin Isaacs .
Mr. Garrow. You will not answer me when you was ordered to be transported here? - No.
When did you come from Chelmsford last? - When you came along with me.
When was you convicted at Chelmsford of coining bad halfpence? - I never was convicted at Chelmsford.
That you swear? - That I swear.
Then I will have that taken down? - That is not the case; you may take it down and welcome.
Court. Have you kept the goods ever since? - Yes; they are sealed with the lord mayor's seal.
On Saturday night last we stopped three prisoners; one of them shewed us where the property was; he took us to the public-house; we asked him to go with us; he sent for his brother, and he asked Emanuel if he would give him leave to go down for the property; accordingly, he went, and I followed him, and saw him take it out of an empty cellar in Woolpack-alley, under ground.
What did you do with the goods afterwards? - I delivered them to Mr. Emanuel; he took them to his house.
Did you examine the goods at the time? - Yes; there is a piece of cotton that I marked (produced); this is the same; this is the mark, 1367, 2880.
Mr. Garrow. So it was Silva's brother that gave them to you, and you let him off? - He ran away.
Johnson. These are our property; I know this is part of what the boy had delivered to him.
Mr. Garrow. Had you observed that mark on that part, before it was delivered to the boy? - Certainly I did; I took it down myself.
PRISONER's DEFENCE.
I know nothing of the property at all.
(The prisoner called five witnesses who gave him a very good character; and the first witness offered to take him home, if acquitted.)
GUILTY , Death .
Tried by the first Middlesex Jury before the Mr. Justice BULLER.
160. WILLIAM NIXON was indicted for stealing, on the 1st of January , five hempen ropes, called headfasts, value 20 s. the property of Thomas Anderson .
Between two and three o'clock on the 1st of January, looking after my master's business, I saw the craft cut away, and presently saw a skift coming down with the tide: I hid myself in the craft, and watched
the prisoner, and saw him him hawl in a piece of head rope into his boat; upon going into his boat, I found two pieces of head rope belonging to us, and three other pieces belonging to other persons: I took him, and he was committed; I fitted the pieces cut, with those left, and they exactly fitted.Prisoner. I went on shore to case myself, and this man came and took me.
GUILTY .
Transported for seven years .
Tried by the London Jury before the Lord CHIEF BARON.
161. CHARLES VAUGHAN and CHARLES SIBERY were indicted for stealing, on the 26th of December last, one linen handkerchief, value 6 d. the property of Samuel Venner .
I am a journeyman cabinet-maker ; at the corner of Fenchurch-street , the two men that are here told me my pocket was picked of my handkerchief; I saw my handkerchief, and knew it to be mine: the prisoners were immediately secured.
I am patrol; on the 26th of December, I saw Sibery draw the handkerchief half out of Verner's pocket; he then called the other, and he pulled it quite out at the corner of Fenchurch-street.
I saw the gentleman lose his handkerchief in the manner the last witness described.
(The handkerchief produced and deposed to.)
Sentence respited .
Transported for seven years .
Tried by the London Jury before the Lord CHIEF BARON.
162. WILLIAM DUNBAR was indicted for stealing, on the 8th of January , three pounds of indigo, value 9 s. the property of - Dias .
A second count, laying it to be the property of Matthew Warren .
A third count, laying it to be the property of persons unknown.
I landed at Cox's Key eighteen cases and two boxes of indigo, and left them in the care of the custom-house-officers.
I remember the goods very well; I had them in my care last Friday, between two and three; I am a custom-house-officer: Dunbar the prisoner, came down and moved two of the cases, and got one down, and said I have charge of this; and so have I, says I; presently after, I saw him with three pounds of indigo in his, the prisoner Dunbar's hat; in putting up the case, I saw it was broke, and six pounds more of the indigo on the ground; and he helped me to put the indigo into the chest: I had the charge of four casks of brandy at the same time: while I was speaking to a gentleman, and turning myself round, I saw the prisoner about ten yards from the chest, with three pounds of indigo.
I only took the prisoner in charge.
GUILTY .
Whipped .
Tried by the London Jury before the Lord CHIEF BARON.
163. JOSEPH GILL and WILLIAM BUCHANAN were indicted for stealing, on the 12th day of December last, four planes, value 8 s. two ditto, value 2 s. four other ditto, value 5 s. one chissel, value 6 d. five ditto, value 2 s. one stone ditto, value 2 s. a plow, value 4 s. a square, value 2 d. a ditto, two gages, value 6 d. and other tools ,
the property of Mark Conner and Simon Flinn .I a carpenter; I lost my tools in the new buildings in Broad-street : I saw them on Saturday, the 12th of December, in Shakeshaft's possession.
- SHAKESHAFT sworn.
On the 16th of December, at night, I went to Webb's-square; in a house I found Gill and some of the tools: Armstrong had taken Buchanan, and brought him into the room where I and Gill were, and we took them and the tools to the justice's.
(The tools produced and deposed to by the prosecutor.)
I lost my tools in the buildings in New Broad-street, on Saturday, the 12th of December; I found them the 26th, in the possession of Shakeshaft.
(Produced and deposed to by Flinn.
Whipped , and imprisoned six months .
Tried by the London Jury before Mr. Justice BULLER.
164. JOSEPH PAGE was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Minns , about the hour of six in the night, on the 1st of January , with intent his goods and chattles, in the same dwelling house then being, burglariously and feloniously to steal .
I live servant with Mr. Minns; he is a cutler in Drury-lane ; on new year's day, about six in the evening, my master was in the shop; it was dark; I heard the cracking of glass breaking; we have running shutters round the shop; I asked what that was, as I did not know exactly what glass it was; before my master answered my question, the shop door was opened, and John Carns came to the shop door, and called him out; my master went out immediately; I followed him; I heard the cry of stop thief! the moment he went to the door; when I ran out, I turned up a court adjoining to the house, and met my master with another person and the prisoner; it was Duke's-court; I had not seen the prisoner before; I had not time then to examine the windows; I returned in less than five minutes; my master ordered me to shut up the shop, on account of the people gathering round the windows; then I saw the pane of glass broke, which was in the second row of the window; it has four rows; it does not lift up; it was entirely open; I picked up several pieces of broken glass, all on the outside; I saw none within; there were some pieces of glass left in the putty; it appeared like force on the glass, not cutting it; I painted the outside of the house down that day; and at four o'clock, I painted the outside of the window, and then this pane was perfectly whole.
Prisoner. Did not you say before the justice, that the window was broke, and puttied up before? - I do not believe I said so; the window was broke and puttied up, and had been so since I lived with my master; and I have heard him say that it it had been so for seven years; the window was in the same state I had ever known it.
Court. What was there standing in the window of your master's shop, at the time you heard the window crack? - Sets of knives and forks papered in a roll for shew, that was usually placed there.
Were these within reach of a hand? - They laid close to each pane of glass, therefore some of them could be drawn through the broken pane; there is always one knife and fork outside of each paper, for shew; there were about three papers against each pane.
I live in Drury-lane; I was coming to
Mr. Minns's shop near six in the evening; I saw the prisoner's hand through the window; I did not see him break the window; it is a yard and a quarter, or a yard and a half, from the door of the shop; it is a very narrow window; I was so near him, I could have put my hand on his back, when I was at the step of the door; when I saw his hand through the window, I called to him, halloo, are you going to rob; I immediately opened the shop door, and called thief! thief! I pursued him; he ran a little way up the lane, and crossed to Wild-passage, on the opposite side of the way; I got to that passage before the prisoner: he crossed the way immediately, and ran into Duke's-court; Mr. Minns was at the corner of the court, and I called to him, there he is, that is him: Minns pursued with me up Duke's-court; Williams followed after: the clerk at the public office, in Bow-street, was the person that stopped him; he is not here; I saw the prisoner stopped in Duke's-court; we brought him back to the shop, to see what was missing; there was nothing missing, as I found, or did learn; I observed nothing in the shop window.Court. Let me now remind you of the situation in which the prisoner stands, and ask you whether you are sure you saw the prisoner's hand in the window, or whether he was attempting to put his hand in? - No, his hand was through; I am sure of it; it was his right hand, not the hand next me; his coat was not through.
Did you lose him in the pursuit? - Not at all.
I am a cutler in Drury-lane; on New Year's day, about six in the evening, my man, Williams, says he told me something, but I did not attend to him; in that instant Carns gave an alarm; he opened the door, and said, thieves! thieves! but did not come into the shop; in consequence of that, I went immediately to Duke's-court; and Carns had ran after the prisoner; and when I came up, he said that is him; I pursued him, and hallooed out stop thief! stop thief! and in Duke's-court, he was stopped; I am sure the person stopped, was the man pointed out by Carns; he never was out of my sight; after that, he was stopped by a man, who I understand since, is the principal clerk at Bow-street office; I collared the prisoner, and brought him back to my shop window; and I observed the glass was broke, a very large hole, big enough to put my arm in; I looked through the glass, to see if any thing was lost from the window; nothing was lost; I perceived one of the sets of knives that were tied up, was moved from the situation in which it was placed; my knives and forks are placed opposite to the glass, and as close as possible: and one set of the knives was pushed from the glass at a greater distance.
What sort of light was it when you had the alarm first? - It was a little before six, on the first of January; I had lighted candles upwards of an hour; this pane of glass has been cracked and puttied up for seven, or I may safely say ten years; but this day it was in its usual security; that I can safely say, because I frequently observed it whole that day, when looking at the window frame which Williams had that day painted.
PRISONER's DEFENCE.
I went to work at my master's in the morning after breakfast on this day; and I worked till half past three in the afternoon, till I went to dinner; when I came back, my master asked me to go to the comb-maker's, to see if they had any horn-tips; I said, yes, I will go; and he bid me go up to Oxford-road, to see if they had any; I went through the city way, supposing it the nighest: I turned up a street which brought me to Drury-lane, and came by this window; and I saw some steel handles which were my work, in the window: I stood the space of two minutes, and went to the other window, and there was none: and a man came up and said,
what are you about? I said, nothing, I am going about my business; I went up this court, and they came after me, and challenged me with breaking the window: I said, you know my master, and I told him who he was; Mr. Dean of Petticoat-lane; he said, I know him very well; but he would not let me send for him; and they took me to Tothilfields.I am a horn turner, No. 26, Petticoat-lane; I know the prisoner; he was my journeyman at that time; I sent him on New Year's day for some horn tips; and I had asked him several times to go to different persons to enquire about them, and see if they had any; and that very morning I gave him a guinea to go to Old Montague-street; I gave him a guinea; he brought it back, and he told me they had none; then I told him to finish his work, and go up to Oxford-street, he went away from me about half after three; he has lived with me ten years, with me and my father; I was with my father; he had been apprentice to my father; he had his time given him at my father's death; about three years ago, he was taken very ill at his work, and I did not see him for some time; but between that time and this, he has worked for me three different times, and I never found any thing in him dishonest; we used to trust to him; but of late I have left off trusting any body; the week before he had earned fifteen shillings, and that week he had money owing him; I might owe him half a dozen shillings; he did certainly make the work that Mr. Minns had, about a week before; he made it in my work-shop; that was handles for butcher's steels: was he at large again, I should employ him again; for I never found any body that I had more reason to trust.
Minns. I knew his master; he is a horn-turner; and his father was a very honest worthy man; I deal with the young man, the same as his father: there was not a steel handle in the window he was at.
The Jury retired for some time, and returned with a verdict
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
165. ELIZABETH DAFFNEY was indicted for stealing a gown, a petticoat, and various other things, value 50 s. the property of Mary Goff , in the dwelling-house of Francis De la Haine .
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
166. The said ELIZABETH DAFFNEY was again indicted for stealing, on the 19th of October last, one pair of linen sheets, value 10 s. one woollen blanket, value 6 s. one pillow bier, value 12 d. two pillows, value 4 d. two flat irons, value 2 s. one hanging bar, value 6 d. the property of Elizabeth Pritchard , widow , in a lodging room .
The things were found at Mr. Wadmore's, the pawnbroker's.
GUILTY .
Fined 1 s. and imprisoned six months .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
167. SARAH SPARKS was indicted for stealing, on the 9th of November , nine guineas, and three copper halfpence, and four shillings and sixpence, in monies numbered, the property of Charles Pendlebury , privily from his person .
I follow no trade at all: I live in Yorkshire. I had, on the 8th or 9th of November, my pocket picked, in this town, in Holborn , about ten or eleven at night;
I was coming along a little in liquor; and I believe this woman picked me up; and we had a coach; but where we were driven to I cannot say; the watchman took care of us. I missed my purse and ten guineas: I never saw my purse since.- DALEY sworn.
There was a dispute between the prisoner and the coachman; and the coachman called me, and gave charge of this woman for flapping the door of the coach, when she went out: I took them both to the watch-house: I put her into the coach: the prosecutor was in the coach, rather intoxicated in liquor: I took them all to the watch-house. The prisoner took some silver out of her pocket, and looked at it; then she put her hand into her bosom, and took out a purse, and looked at it, and what was in it; then she put back the purse, and took some silver out of her pocket, and paid the coachman; and gave me sixpence to drink her health; I suspected her, and told the constable; and he sent for them in; I brought in the woman, and the gentleman: the constable asked him where he had spent his afternoon; he said where; and that he had ten guineas in his pocket; but he could find only one half guinea; the prisoner was searched, and in her pocket was found nine guineas in gold, four shillings and sixpence, and three halfpence; I said there is a purse in her bosom; she was searched, and it could not be found; we took her backwards, and stripped her of her outside clothes; then we shook her under petticoat, and out of it dropped the purse.
I was constable of the night. I produce the purse. What Daley has said is true. The prisoner said, the prosecutor had got his money again: and as she was a married woman, her husband should enter an action against him, for cuckolding him. The prosecutor swore to the purse that night; we shewed him two others, he described his own.
(The purse deposed to.)
PRISONER's DEFENCE.
On Sunday evening, the 8th of November, I was going to suppet, in Holborn; and just as I came out of my own house I met this gentleman, near Wood-street; he asked me how I did; he asked me where I was going? I said, to Holborn; he said, it is a very cold evening; he said, you shall have something to warm you; we had four sixpennyworths of brandy and water; he said, he would see me safe where I was going; we got into a coach; he ordered it to drive into Holborn; he said we should have something more to drink; and we went into a house; and he called for eighteen-pennyworth of brandy and water, and then for another eighteen-pennyworth of brandy and water; then he called this hackney coach, and ordered the coachman to drive to Whitechapel; and from thence to the Bagnio, in Goodman's-fields; I did not chuse to go in there; then we came back to Holborn, in the coach; we fell into discourse; I told him I had lived in a publick-house, and failed in business; and he seemed to take a great liking to me; and he said, that twenty or thirty guineas was no object to him; and I went with him in the second coach; and he made me a present of a couple of guineas: in the second coach he would have given me his watch for security; and he offered me twenty or thirty guineas; he said, he wanted just such a woman as me for a long time: the gentleman knows in his own heart and conscience that I did not rob him, nor take any thing from him; I neither meant to leave him: the gentleman knows what passed in the coach.
Court to prosecutor. Had you any watch? - Yes.
That was safe? - Yes.
Had you ever seen this woman in your life? - Never, nor I should not know her now, if it had not been for the other witness.
Bristow. When I was searching her, she said she was a married woman; and then afterwards she said that this was her master, and she had had three children by
him: she came out in her shift, in the watch-house: she said, she was a married woman; and her husband should bring an action against the prosecutor, for cuckolding him.(The prisoner called two witnesses to her character.)
Court. What is her way of life? - Her husband is a master chimney sweeper; he carried on a great trade: she and her husband are separated.
GUILTY of stealing, but not privately .
Fined 1 s. and imprisoned six months .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
168. JOSEPH POLLARD was indicted for that he, on the 27th of September last, about the hour of five, being in the dwelling-house of William Saddington , did steal one pair of sheets, value 5 s. one pair of breeches, value 5 s. a shirt, value 2 s. a pair of cotton stockings, value 1 s. a handkerchief, value 6 d. his property, and that he being so, as aforesaid, in the said dwelling-house, and having committed the felony aforesaid, in manner and form aforesaid, to wit, about the hour of nine, did break the said house, to get out, against the statute .
I keep the Pied Bull, in Islington . I know the prisoner: I never saw him before the 27th of September, when he came to sleep; he slept there that night, and the night following, that was on the Saturday night and the Sunday night; I saw no more of him after Monday morning, till I received information from Bow-street, the same day on which I searched, and missed the sheets off the bed, in the room where he slept; nobody slept with him: I saw the sheets in the office, about twelve, the same day: I knew them; I have no doubt about them; there was no mark on them: there was a pair of breeches, a shirt, a pair of stockings, and a handkerchief, belonging to a ledger of mine, William Frewster ; but they were not left in my particular care; he had left them in this room: I got up about twenty-five minutes after six; I do not know whether the prisoner was in his room at that time, or not; and therefore I cannot tell at what time he went out: I did not go out till I received the letter, which was about eleven: a soldier that is quartered on me was up before me; he is not here.
I lodged in the prosecutor's house: on my return on Monday morning I missed my things: I had slept out two nights. I missed out of my lodging room my shirt, and stockings, neckcloth, and a pair of buckskin breeches; I saw them at the publick office, in East Smithfield.
Mr. Knapp, Prisoner's Counsel. My lord, the next witness is under a prosecution for bigamy; he is afraid to come into Court for fear of being taken.
Court. That is no excuse; he must come, whatever is the consequence; or else he must be called on his recognizance.
Robert Dawson called, and afterwards appeared in Court.
I attend the publick office, in East Smithfield. I met the prisoner on Monday the 28th of December, a little after six in the morning, I believe it might be a quarter or twenty minutes; he had a bag on his shoulder; I asked him what he had there? he said, they were clothes of his: I took him to a publick-house, and found all these articles in the bag; I asked him how he got them? and he said, the sheets were his sister's, and that he had borrowed them, in order to pledge them, to raise money; I then asked him where he came from, and he said he came from Islington; and not giving me a satisfactory account, I took him to a lock-up-house; and half an hour after he told me he brought the sheets from his lodgings, the Pied Bull, at Islington; I had not then either threatened, or given him
expectations of favour; I then asked him about the other things; not promising or threatening him; and he said they were things that he found under the pillow where he slept, and that being in the dark he put them all into a bag; I then sent to Saddington; he came down to the office directly; he did not swear positively to his sheets, only compared them with others; then Frewster came down and owned the other things; the prisoner told me the soldier let him out of the house.Prosecutor. The sheets there is no mark on; but I sampled them with a pair more, and I have forty yards of the same cloth, and they match and tally.
PRISONER's DEFENCE.
I went to the prosecutor's house on Saturday morning, and asked at night for a bed; I went to bed and lay by myself; on Sunday morning there was no clothes; I staid there all day, and slept there all night, and I desired to be called at half past five; the other man had shifted himself and put his breeches and things under the pillow, and I took them instead of some foul clothes of mine.
The prisoner called one witness to his character.
GUILTY ,
Of stealing the sheets, but not of breaking out of the house.
Tried by the second Middlesex Jury before Mr. Baron THOMPSON .
169. JAMES SMITH was indicted for stealing, on the 29th of December last, sixty pounds weight of lead, value 5 s. belonging to Thomas Marsden , affixed to a certain building of his, against the statute .
The lead is my property; I had not laid it on above four days; I keep a publick house, and the stables were in the yard; they were part of them let to this Mr. Marsden, at present I am the leaseholder of them; they are in the Curtain road, Shoreditch .
I am a constable, on the 29th of December last, I took the prisoner with the lead on his shoulders; he was in the street where the stables are, at the bottom of the street, coming from the stables between eight and nine o'clock in the evening; I took him and the lead; I had no conversation with him then; I took him before the justice that evening: the justice desired me to secure him in some place till I could make enquiry of it: Thomlinson and Kiddle the plumber came and owned the lead.
On the 24th of December, or within a day or two of it, I put on some lead on the gutter of the prosecutor's stables, for Mr. Holmes the plumber; and I was sent for to the public office; I saw and knew the lead at first sight; I tried to fit it with the place; it fitted, and appeared to be the same, it was cut and torn in many places.
(Produced and deposed to.)
PRISONER's DEFENCE.
A man came out of the stables with the lead as I came past, and asked me to carry it for a pot of beer.
GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON .
170. THOMAS BUNNAGE was indicted for stealing, on the 30th of August last, a steel saw fixed in a wooden frame, value 12 s. the property of Matthew Key .
I lost a saw, I do not exactly know when; some time before the 30th of August; I have found it since in the possession
of one Henry Tovey , and I took the prisoner the same night I found it: the saw was taken out of my kitchen; I only swear to the frame; it was made by a carpenter, and made too short and lengthened, and there are several other marks.Mr. Knapp, Prisoner's Counsel You do not know what time particular you lost this saw? - I do not.
Is it a steel saw? - It is what they call steel.
It is steel? - I presume it is steel.
HENRY TOVEY sworn.
William Springall bought this saw of me, between the 1st and 5th of September; he left it there; I saw him afterwards; I was to have it on trial for a week, and then a little lad called; Richard Budge came with the prisoner and received part of the money, and the prisoner afterwards received the remainder: we buy them for steel plates, one handle will serve a great many saws.
I know the saw as well as I know my existence; I am sure it was his; I was the first man that worked with it; it was the last Saturday in July; I am sure that is the frame.
I know it is the frame I altered.
Court. How old are you? - Twelve years old.
Do you know the consequence of an oath? - I shall go into hell flames if I tell a lie.
What relation are you to the prisoner? - Son in law; I saw him take the saw, I do not know the day, he took it out of the kitchen, and carried it to the saw-pits and tried to work with it, but he could not: at dinner time he brought it home to his own house, and then I never see no more of it; he could not make the saw work without going out of the line, then he carried it home, he did nothing with it; it remained there; what became of it afterwards I know not.
Prisoner. Did not you say you was obliged to come, because your mother sent you? - No, she did not.
Did not your mother say, if this did not transport me, or send me out of the way, she would find something that would.
PRISONER's DEFENCE.
I bought the saw; I have a bill and receipt for it in my pocket book, and he knows I sent a dozen times for it, and she would not let me have it; I wish you would examine Mr. Springall; I have the bill and receipt from Mr. Greathead, a saw maker.
I was subpoened on Wednesday about eight; this prisoner has been a master sawyer; I knew him to have a good many tools; he came to me the latter end of July, and said, do you know any body that wants a steel saw? I want to dispose of it; I said, I should like it, but have no money; and I went to this Mr. Tovey, and asked him if he wanted to buy a spring saw; he said, yes; and I sold it to Mr. Tovey, on the 14th of August, that very week I was sick on my benefit club, and I received my ten shillings on the 17th of August; I had the saw full three weeks before I took it to him: whether it is the same saw, I cannot tell; it is a saw that has been in use at Mr. Tovey's ever since the 13th, and so knocked about, I think it impossible to swear to any particular mark.
Prisoner. My wife will not produce me the book of receipts it is in; I have sent for it.
The prisoner called three witnesses who gave him a very good character.
GUILTY .
Imprisoned one month .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
171. WILLIAM JEANNEX was indicted for burglariously and feloniously breaking and entering the dwelling house of James Hart , about the hour of seven in the night, on the 26th of December , and burglariously stealing therein, two linen sheets, value 4 s. and a woollen blanket, value 3 s. his property .
I live in a one pair of stairs room, in Shoreditch , in Mr. Winley's house; he lives close by; only me and another person live in the house; a young woman and a young man live in the two pair of stairs; there are no rooms below, only a long entry; the whole house consists only of two rooms: the people in the next house have a back door to come into our entry; we can bolt every body out but them; they can get in but not out; their wash-house and our entry is all one: the next house is all let to lodgers, that does not belong Winley: I went out the 26th of December, as near as I can guess, between six and seven; I could not see to work, and when I came back I found the door broke open, the lock was quite strained double; I lost two linen sheets and one blanket; I left nobody there; I locked the door myself; I found the things the same evening, at the house of William Clarke , in Wheeler-street, an old clothes man; he was apprehended, and said he received them from the prisoner; he never mentioned any body else; the prisoner was taken the night I was robbed; he was taken before his Majesty on Sunday, and was committed.
I had these things at the house of William Clarke , in Wheeler-street, on Saturday the 26th of December, between nine and ten: (deposed to by the prosecutor and his wife.) He said before the justice, he was sent to sell them to William Clarke by another person.
I am a silk weaver by trade, but I keep an old clothes shop; I bought these things of the prisoner, the 26th of December; he has bought old shoes of me before; I gave three shillings and three-pence for them.
Prisoner. Did not a man rap at the window and tell me to make haste? - I cannot say.
PRISONER's DEFENCE.
I was drinking a pint of beer, and a man came in and said his wife was laying in, and he was in distress; and he had these things to sell; we went down to this man's house, and he staid at the door while I went in.
GUILTY of stealing, not of the burglary .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
172. PLUNKETT HERNE was was indicted, for feloniously assaulting Frances, wife of Robert Watts , on the 12th of January , on the king's highway, putting her in fear and danger of her life, and feloniously taking from her person and against her will, one umbrella, value 3 s. his property .
(The witnesses examined separate.)
I am wife of Robert Watts ; I live near Carnaby-market; I was robbed in Oxford-street , at a little after eight in the evening, on Tuesday night last, near the corner of Wardour-street ; there was only one person; I did not know him before; I had an opportunity of observing him; he took my umbrella; I was going up Oxford-street with a bundle; he pulled at the bundle: the prisoner was behind me; I held my bundle fast, and he snatched at the umbrella, and took it away; I let my bundle fall in the dirt; he never spoke to me; I knew him perfectly well again; I saw him again about five or ten minutes
after he was taken; I halloo'd out stop thief, and the people that were passing, pursued the man; he was taken at the corner of Berwick-street; he flung down the umbrella, it was brought to me afterwards; I do not know who brought it; I did not see him fling it down.Last Tuesday night, between eight and nine, I was in a public-house, and I heard the cry of stop thief; I took the prisoner into a public-house, and searched him; then the prosecutrix came up, and said he was the man, for he had a light coloured coat on; she did not see the coat then: he had this tinder box about him; I took him before the magistrate.
(The umbrella produced.)
PRISONER's DEFENCE.
I am innocent.
Concerning the tinder-box that was found on the prisoner, it was my property; I gave it him; I know him to be a hard working honest man; I never heard any thing else of him: I know his friends.
Court. A man snatching a thing from a person is not a robbery; about four score years ago, it was held so by a very great authority; now the law is, that there must be some violence used by the thief, towards the person that is robbed; independant of the mere act of taking the things out of their possession; or there must be a struggle: now, in this case, if the bundle had been taken from the person, it would have mounted to a robbery, but the taking the umbrella does not amount to a robbery; as far as the bundle was in question, there was a struggle between them about it, and if after that struggle, he had got the bundle by force, it would have been a robbery: it is very much like snatching off a man's hat; if done without any threat or menace, it is a felony, and not a robbery.
GUILTY, of stealing, but not violently.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
173. GEORGE HIGGS was indicted for feloniously assaulting John Tate , on the king's highway, on the 13th of December last, putting him in fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 3 l. and eighteen shillings in monies numbered, his property .
I am a watch-maker at Stratford; I was robbed by the prisoner, on the 13th of December last, going down Rosemary-lane , betwixt nine and ten; I had been drinking a little, but not disguised; the prisoner knocked me into the kennel with a violent blow with his clinched fist, of which I was not aware; it was the front of my head; he came behind me and advanced in front; I lost the tail to my hair at the same time; he jumped upon my thighs with his knees, and another held my right hand fast to the ground, then the prisoner took the watch out of my pocket and handed it to a woman; here, says he; I looked up to see where my watch was going, and there was a woman at top of my head; she received the watch; and then the prisoner took eighteen shillings in silver, or more out of my pocket, and gave it over my head to the woman; and then the woman ran off towards Tower hill; then the man that had hold of me by the right hand, ran across the road; then the prisoner jumped off me and ran away, and I ran after him till he came to a public house; I had him close in my eye all the while, and went into the same house with him, on the same opening of
the door; the prisoner went into the door and sat down on a seat under the bar, just by the door, then I past by the prisoner, and there was another man whom I thought as bad as him, said, what makes you so dirty; it was the Windmill, Rosemary-lane, and that man said, why don't you secure him; I told him I was robbed by the prisoner; I was afraid to lay hold of the prisoner then, seeing only him and this man; I heard the watch go his round in about half an hour, and I called the watch; I believe that other man was one, but I could not swear to him; I did take him up, and that man said he would assist us to the watch-house, and when he came part of the road, he ran away and left us; I never saw my property since; when I was laying down, I thought it better to make no resistance, for fear of my life.Could you see the man's face at the time you was laying, if you was knocked down? - Yes, I perceived him by the lamp, he had a light blue jacket, and I was up and with him at the very minute; I swear to his face, and I swear to his person altogether.
Prisoner. Was not the night very dark at that time? - It was rather darkish.
Did not you have me searched at the public-house? - No, I never had him searched.
I am a watchman of Whitechapel; my beat is down Rosemary-lane; going along, the prosecutor called out watch! he came out of the Windmill public-house; he said he had been robbed; he said so in the house, in the prisoner's presence, and requested me to take custody of him; he said the prisoner had knocked him down, and robbed him of his watch and eighteen shillings; I took them both to the watch-house, and the prisoner was committed: there was another man and a woman at the public-house; the man said he would go voluntarily with me; but he ran away; I left the prisoner in the custody of Mr. Lanson; the other was discharged, because the prosecutor could not swear to him.
Prisoner. When I went from the watch-house with you, to New-prison, was I any way confined? - Only I took hold of you.
Did not I walk quietly with you? - Certainly; if you had not, you must.
Court to prosecutor. When did you see your money or your watch, before you was robbed? - I had it in my hand coming down the Minories: I went to see what it was o'clock; I swear positively the prisoner was the person that took the watch out of my pocket, and no other; I saw it in his hand with the string, holding it up over my head to the woman; I had a pint of beer, and I believe, and am sure, there was above the money I put down in the indictment; every identical thing was taken from me, and my handkerchief; but I would not put it in the indictment; I did not think it worth while; I mentioned the handkerchief to the watchman.
Court to Pentelow. Did the prosecutor say any thing to you about losing the handkerchief? - Not a word.
To prosecutor. Where do you live? - I lodge in the middle of Stratford; I did work for one Mr. Bond in Stratford, about three quarters of a year.
What reward is there in this prosecution? - I really cannot tell.
Did you ever prosecute a man before? - No; I have heard since, lately, about the reward; I have been told by several.
Who told you? - I cannot say; I have heard it several times; I have heard it about half a year ago: I think it would be worse for me to sell my soul to the devil; I think my soul of more consequence than his life.
I am the night beadle at Whitechapel: the prisoner was brought to the watch-house: Mr. Tate, when he came in, seemed to be very much in liquor; he made a kind of a stagger towards our door in the watch-house.
Did he talk like a sober or a drunken man? - The chief of his talk was, that the prisoner had robbed him of his property; I set the charge down in the book; the watchman said in the presence of the prisoner, that there was another man in company, who ran away from him; I asked the watchman if he knew him? he said his name was Bassett: we went and took Bassett out of bed.
Prisoner. I wish that witness to produce a paper that he has? - I told him I would give it him again.
Prisoner. It is a navy warrant, to join the Otter sloop of war, where I was going down to, that was at North Yarmouth.
PRISONER's DEFENCE.
I arrived in London five days before this happened, in consequence of a warrant I received from the Navy-office, to join the Otter sloop of war; I was going down Rosemary-lane to see a person of the name of Alexander M'Enzie; I went inadvertently into this public-house to get a pint of beer; I belonged to the Oriel, a seventy-four, before this warrant was sent to me from London to Plymouth; my general character depends on his Majesty's Navy; going into the house, my prosecutor went in near on the same time; his foot slipped up the step; I was behind; I was in the public-house about the space of ten minutes before he charged me with the robbery; I went out into the tap-room, and was searched by his request; I had nothing about me; the night was so exceedingly dark, that had I met an old acquaintance, I declare to God I could not have known him; further, the prosecutor in his deposition before the justice, has varied; for he said I walked away; now he says I ran away.
(The deposition handed up.)
Court to prosecutor. Did you drink with the prisoner? - No, I did not: he said I did, but I did not; nor yet was he ever searched; he offered to be searched before the justice, but the justice said it was of no use to search him.
Did you say he walked away? - First he walked, then he ran; then he walked into the house.
Did you ever say before the magistrate, that he walked? - Yes; I said he ran, and then walked, and then ran at the later end.
Court to Pentelowe. In what condition did you find the prosecutor, as to his figure and appearance? - He might be a little in liquor; he did not seem any way dirted much; he looked a little reddish about the face; his clothes were all over mud.
Court to Langhorn. How did he appear to you? - Why, he was muddy, very muddy; all his back was muddy, and his face; but I saw nothing about his face either of blows or redness.
Did you see the prosecutor the next day? - Only the Monday.
Did you see any mark or any blow about his forehead, or any appearance of it? - No
Court to Pentelowe. When did you see the prosecutor? - I saw the prosecutor on Monday.
Had he any mark on his forehead? - I could not find any, nor did not see any.
The Jury withdrew for some time, and returned with a verdict,
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
174. JAMES UNDERWOOD and EDWARD PURSER were indicted for stealing, on the 12th of January , one cloth great coat, value 10 s. the property of John Wrangle .
I lost my great coat from the Bull-inn in Bishopsgate-street ; the prisoner was brought back by Murphy and another; they had the great coat on Tuesday, the 12th of December, between eleven and twelve.
On Tuesday last, between eleven and
twelve, I was going up Peacock-court, just by the prosecutor's house; I saw the prisoner running, with something in his apron; I had a suspicion he had something that did not belong to him; somebody cried stop thief! I pursued him, and saw him drop the coat; he never was out of my sight; that was Purser; the next witness picked up the coat; it was muddy.I am a labouring man; I saw the two prisoners in company together by the Bull-inn, Bishopsgate-street; I saw Purser go up the inn-yard, and come back again; Underwood was at the bottom of the inn-yard; Purser backoned to the other, and they both came out of the yard together; I saw Purser have something in his apron; I thought he had something he should not have, and I called stop thief! and he dropped the coat; and he was pursued and taken; I picked up the coat; he was running towards Pea-hen-alley.
I am a constable; I took the charge of the prisoners; and have had the coat in my possession ever since.
(The coat produced and deposed to by the prosecutor.)
The prisoner Underwood called three witnesses who gave him a good character.
The prisoner Purser called one witness to his character.
BOTH GUILTY .
Whipped .
Tried by the London Jury before Mr. RECORDER.
175. GEORGE SANDERS was indicted for stealing, on the 20th of September , a pair of coach-harness, value 20 s. the property of Samuel Enderby .
I live in Earl-street, Black Friars; my master's name is Samuel Enderby, an oil-merchant ; he keeps a coach and a charriot; I had the care of the stables as his coachman: on the 9th of September, we went to Black-heath, to the country-house; the stables are in Labour-in-vain-yard, in Old Fish-street ; there the harness was in the stable, while we were gone; I locked them up in the stable, and took the key with me; on the 23d, we returned to town again; then I missed them out of the stable in Labour-in-vain-yard; the outer door locks double, and the inner door locks single; the outer door goes into the yard, and is an open yard; and the inner door goes into the stable; I locked the door, and put the key in my pocket; this harness hung in the usual place in the stable; when I returned, I found the door locked, as I left it on going out of town; I do not think the door had been opened; there is a sky light to the stable, and that was taken off; it was secure when I left it; it had been moved, for when I looked at it, it was laid aslant; it must be ten feet high; the prisoner has assisted me many times, in dressing my horses; there was nothing else removed; there was a bridle and saddle there; the harness came within a day or two to my master's house; and my fellow servant saw them, but I did not see them for five or six weeks after; the first time I saw them, was near my master's house, on a pair of black horses in a breaking-in carriage; Mason informed me of the harness, as soon as he saw them; then I came from the stable, and saw them; I then went and told my master, and he came and looked at them; the break belonged to Mr. Freeman; my master had had them between six and seven years; I knew them perfectly well; my master's crest was on them; I have no doubt of their being my master's.
I am servant to Mr. Enderby; I went out of town with the family, on the 19th of September; I returned with the family; I saw the harness about six-weeks, or more,
after we came to town, next door to my master; I was going out, and saw the break standing there; going by, I clapped the horses, and saw my master's crest on the harness; I knew we had lost such; the driver told me who the break and horses belonged to; I went for the coachman; he came and examined the harness; I knew them only by the crest.I am a coach broker: I live the corner of Liquor-pond-street, Leather-lane; I deal in old carriages and harness: on the 21st of September, the prisoner at the bar was in my shop, when I came home, he told me he had some harness to sell; he turned them out of the sack; he asked me three guineas; I told him they were of no use to me, and to take them away; he produced a letter, desiring me to put down the price at the bottom of the letter; then we made a bargain for a guinea; he took the guinea, and went away: they were brass coach-harness, with a crest; I repaired them, and put new terrats, and hung them out for sale; and Mr. Freeman bought them; he gave me thirty-three shillings and six-pence for them: they were hung at my door.
I am a coach-harness dealer; I bought this coach-harness of Mr. Dale, for thirty-three shillings and six-pence; there had been new terrats to it; this harness I produce.
(Produced, and deposed to by Dale.)
I bought this harness of the prisoner, and repaired it; I know it by my own repairs, as well as by the crest.
PRISONER's DEFENCE.
I was going up Holborn, after some lime, between eleven and twelve in the forenoon, going to paint some wainscot in a house, to burn the ese off; and as I was going up Holborn, a man overtook me at the end of Hatton-garden, and said, George, where are you going? I said, to get some lime in Red-lion-street; I turned round and looked at him, and he asked me to carry that for him a little way; he said it hurt his shoulders; accordingly I took it from him, and he told me to follow him, and he would shew me where to take it; he went about half way down Leather-lane, and shewed me Mr. Dale's, and gave me a letter wafered up, with Mr. Dale written on the face of it, and told me I was to bring three guineas, and he would wait in that street till I returned; and if he did not send that, the price was in the letter; I went and knocked at the door, and staid half an hour, and a woman let me in, and asked me to call again; she sent me to look for him at a public-house; and his wife broke open the letter, and asked me my name; I told him where I lodged, and that I was to have three guineas; he said he should not give three guineas; he turned them out of the sack, and gave me a guinea, and put it in the letter, and his name underneath it; and he gave me the letter back, and the sack, and I came to the man in Hatton-street, and I told him; he read the letter, put it in his pocket, and gave me half a crown, and parted from me; and I went where I was going before, for the lime, and I went to work.
The prisoner called two witnesses who gave him a good character.
GUILTY .
Whipped .
Tried by the London Jury before Mr. Baron THOMPSON .
176. JAMES SMITH was indicted for stealing, on the 14th of December , seventy yards of printed callico, value 6 l. the property of Thomas Zenogle .
I packed up one piece and a half of callico to send, and another piece lay by them; they were missing for three or four hours; and the prisoner was taken: the callico is in the hands of the constable.
I had this callico from Hugh Jocelyn ; I know nothing more.
I took the prisoner with the callico between twelve and one, in Milk-street; another ran away; at last we found they belonged to Mr. Zenogle; I gave them to Anderson.
(Deposed to.)
I saw them a little before twelve.
PRISONER's DEFENCE.
A lad asked me to carry it.
The prisoner called five witnesses to his character.
GUILTY .
Transported for seven years .
Tried by the London Jury before Mr. Justice BULLER.
177. WILLIAM WEBSTER and MARY KENDALL were indicted for stealing, on the 5th of December last, two feather beds, value 2 l. two bolsters, value 10 s. two pillows, value 3 s. four blankets, value 10 s. two coverlids, value 10 s. two sheets, value 6 s. a poker, shovel, and tongs, value 3 s. a flat iron, value 6 d. a tea-chest, value 6 d. the property of Samuel Lewis , in a lodging room .
The witnesses examined separate.
I live in Aldersgate-street, No. 43 , and keep a house there; I know the prisoner; the prisoner came to take a lodging about May the 2d, and went away December 5th; he hired a one pair of stairs front room, and a shop, at eight shillings a week;
there were the things in them in the indictment; on the 6th of December, Saturday evening, the women went away; I never saw the man till he was in custody; after they were gone, the duplicates I have, were found in the room; and I found the two beds were pawned; the constable has the duplicates of Bottomley's, the pawnbroker; there I found the things.I am servant to Mr. Bottomley the pawn-broker; I took in two beds of the prisoner William Webster ; one on the 12th, and the other on the 13th of November; there was other goods taken in, but I do not remember who I took them of: Mr. Lewis saw them afterwards at our house; they were the same I received from the prisoner; there are nine other lots, but I am not certain who I took them in of.
Lewis. The beds are mine; one has a particular tick; and I bought it myself.
Court. What do you know of the woman? - She acted as his wife; I understood it so.
The prisoner Webster called two witnesses who gave him a good character.
Imprisoned six months .
MARY KENDALL, NOT GUILTY .
Tried by the London Jury before Mr. Justice BULLER.
178. ROBERT GREEN was indicted for stealing, on the 16th of December last, one base metal watch, value 30 s. one silk watch string, value 1 d. four small trinkets, value 6 d. the property of George Chase .
I am a brewer ; I did not know my watch was missing from my house, till I saw the prisoner in custody.
I am servant to Mr. Chase: on the 16th of December last, my mistress sent me of a message down the yard; and coming in, in a great hurry, I looked in at the kitchen window, and saw the prisoner with the trinkets of a watch hanging from his hand; I did not see the watch; but the prisoner was standing in the kitchen, by the shelf; I saw him try to put it in his bosom, but cannot be certain, the door being between; when I came in, he asked me, did I want any muffins? I said, no, but asked him what he had taken from the shelf; he denied it, and said he had taken nothing; I said I saw him take the watch from the shelf; I told him if he did not give me the watch immediately, I would call my mistress down; she was up stairs at that time; he said he had no such thing, and I might search him: I called down my mistress; and when he saw her, he went to the gate; then my mistress and me followed him, and brought him back to the kitchen; I called my master; he questioned him about the watch; and just before the constable came in he told my master, if he would forgive him, the watch should be returned; the watch was in the blue cloth which covered his muffins; the constable found it there; I saw it found.
I am a constable: on the 16th of December I was sent for to take charge of the prisoner; they desired me to look in the blue cloth, which lay behind, close to his basket: he said, it was his cloth; this watch was in it.
(The watch produced and deposed to.)
Mrs. CHASE sworn.
This watch lay on a shelf, in the kitchen, near the parlour.
Prisoner. I leave it to my counsel.
GUILTY .
Whipped .
Tried by the second Middlesex Jury before Mr. RECORDER.
179. JOSEPH TRUELOVE was indicted for stealing, on the 28th of December , five shillings , the monies of John Norris .
I am waiter , under Mr. Walbrook, at the Hare, Hoxton . On the 28th of December I went to take some money out of my box, in my room, and missed half a guinea in gold; I told my master, and he marked all my money; I saw him; he put a W on it; he marked five pounds, sixteen shillings, and sixpence, in gold and silver; he marked two crown pieces, two half crowns, and the shillings; and when the prisoner was searched, five shillings, marked the same, were found upon him; I put it into the same place, where I always kept it: the prisoner went up to bed before me; he slept in another room in the house: going up to bed I looked at my money, and found it moved some distance; I counted it over, and missed five shillings; I came down to my master, and he counted it also, and found five shillings wanting; and my master, and me, and one Mr. Wright, went up, and found the five shillings on the prisoner; I saw it taken out of his pocket by Joseph Wright : the prisoner is a soldier, quartered in the house.
I am master of the house. I marked eleven shillings; five of them were missing; I went into the prisoner's room at night, on the lad's missing his money, with Joseph Wright ; and I saw Wright take out of the prisoner's coat pocket (I think it was) the five marked shillings; Mr. Wright gave the five shillings to Harrison, the officer.
I am a serjeant at mace, belonging to this Court. I examined the prisoner's pocket, and found five shillings, all marked with a W; one with a hole in it, and some halfpence; they were in his coat pocket; I gave them to Harrison the constable.
- HARRISON sworn.
(Produced the five shillings.
These I received from Wright.
(Deposed to, by a W on each, and in one.)
(Shewn to the Jury.)
Prisoner. I never was before a justice in my life.
Warbreck. A quieter man never came into a house: the neighbours all round were sorry for him: I could not have believed it.
Serjeant ZACHARIAH WILKIE sworn.
I am a serjeant in the same regiment, the Coldstream; the prisoner has been seventeen years in the regiment, a private; I have known him abroad and at home; he was in America with me; he has always behaved as an honest man, and good soldier, and was respected by his officers, particularly in America.
GUILTY .
On account of his good character fined sixpence and discharged.
Tried by the second Middlesex Jury before Mr. RECORDER.
180. JOHN SMITH and JOHN PEMBERTON were indicted for stealing, on the 16th of December , thirty-five pounds weight of lead, value 3 s. belonging to John Phillips , affixed to a certain building of his, against the statute .
The case opened by Mr. Silvester.
I am servant and watchman to Mr. Phillips, at New Crane, Shadwell ; he has some houses there. On Wednesday the 16th of December, between five and six in the afternoon, I came on duty; I had information there were some thieves at the top of the house; I went up with others, and in a cockloft, I found this lead, and the two prisoners on the other side of the gutter, one on each window; the prisoners
are the two men; they were laying down on their bellies in the gutter I secured them.Court. How far is the cockloft from the outside of the roofs? - But a very little way.
I went in company with Dean and found the lead in the cockloft, two feet from the door (deposed to the same effect.)
JOHN PEACHEY sworn.
I am a plumber; I compared the lead; it tallied exactly, matched exactly, nail holes and all; it is the property of John Phillips , Esquire; I had seen it on the house before; it was fresh taken; the nails were quire, fresh.
Prisoners. We have nothing to say.
BOTH GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
181. THOMAS SMITH was indicted for stealing, on the 7th of January , one rope, called a butt rope, value 12 s. the property of Sampson Ambrey and Henry Read .
(The case opened by Mr. Silvester.)
I am a drayman, servant to Sampson Ambrey: I had been delivering some beer, and we missed this rope, while we went to drink; we had pinned it on curiously.
I am a master lighterman. I was at the bottom of Fox's-lane, about six; I saw the prisoner with a rope on his shoulder; I followed him, and felt it was smooth; I stopped him; he said, he had it from the ship Nancy, at Shadwell-dock; I knew there was no such ship there; he said, he was going to carry it to his father; I said, you shall go to my father, making free with the magistrate; and I took him.
(The rope produced and deposed to by Goodman to be the property of Messrs. Ambrey and Henry Read .)
I am sure it is a rope belonging to the brewhouse; and the mark of the brew-house I. O. T.
The partners names are Sampson Ambrey and Henry Read.
Prisoner. I have no friends.
GUILTY .
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
182. ISAAC SAUNDERS was indicted for feloniously stealing, on the 24th of December , eight silver table spoons, value 4 l. and four silver desert spoons, value 20 s. and two silver tea spoons, value 3 s. the property of Ignatius Gehagan , Esq.
I live with the prosecutor: we missed these spoons; my master and me looked over the inventory, on Christmas day, and found these several articles missing.
I am shopman to Mr. Hewitt, of Denmark-street, pawnbroker: the prisoner brought these spoons; and I asked him if they were his own property? he said, they were; this table spoon was pledged in November, for seven shillings and sixpence; and I have a desert spoon pledged on the 4th of December; the prisoner had been at the shop two or three times; he said, they were his own property; he was not in a livery, but as he is dressed now in a blue coat.
I am a silversmith and spoon-maker: on the 21st of December the prisoner came to me, and desired me to go to Mr. Cordy's,
the pawnbroker's, next door, whom I do business for, to buy some silver spoons; he said, they were his; the pawnbroker said, he was the gentleman; he had been in custody at Mr. Hyde's, and discharged; there were four; I bought them; there was two desert, and one tea: I never saw him in livery: I gave him five shillings and one penny halfpenny, an ounce: on the 23d he called again in the morning, at my house, and sold me another spoon, without any mark, for ten shillings; about three or four in the afternoon he brought three more spoons; I bought them of him; first he said, he had no more; then he said, he had a quantity of plate which he wished to dispose of: I gave him five shillings and three-pence an ounce for those three spoons; he said, he had some sauce boats: I had a suspicion, and desired the pawnbroker to give information at the publick office; and the next morning when he came he was taken into custody: I have melted four and three. I produce two table spoons.I am a pawnbroker: on the 16th of November I took in a teaspoon, of a person, who called himself George Woolfe; I am not certain whether it was the prisoner.
( Ann Taylor deposed to the two table spoons, with a bull's head.)
These I cannot swear to, nor this, because there is no crest; we have some at home marked like this tea spoon.
Prosecutor. This is the crest of my family.
Prisoner. When I pawned these things I was in my master's service; I was kept in custody three days, and I lost my place: I was in a great stagnation what to do to get money to take out the spoons; and I thought to sell five or six, and bring the others. There was near three pounds fifteen in my master's hands for wages, and bills. It was my sole intention to take the remainder out. I lived with counsellor Schoen before, and with justice Addington. My witnesses were all here yesterday.
GUILTY .
Transported for seven years.
Tried by the first Middlesex Jury before Mr. RECORDER.
183. JUDITH PYE was indicted for stealing, on the 20th of December last, two half crowns, value 5 s. and five sixpence, the monies of William Unitte .
I am a bricklayer , in Marybone. The prisoner robbed me at the top of Arundel-street , in the Strand, on the 20th of December, about twelve at night; I was going home from pay table: the prisoner came up to me, and asked me how I did, or something of that sort; I asked her it that was my road to Marybone; I did not know my way; I was a stranger in that part; I had had some beer, but I was not drunk; I felt her hand directly in my left hand waistcoat pocket: no familiarities had passed between us: I put my hand into my pocket, and missed my money, two half crowns, and five sixpences: I had no breeches pocket: I put it into my waistcoat pocket when I came from the pay table: I had received my money three hours before I met her: we had every one a pot of beer: I accused her of the robbery; she run from me down Arundel-street; I overtook her in the middle of the street, and seized her; I called the watch, who did not come to my assistance; a man run after me, and knocked me down, as soon as I seized the woman; I did not see him till he knocked me down; and when I got up I saw two more behind me; Mr. Taylor came to my assistance; the men got away, and we took the woman, and found four sixpences upon her, in her pocket; no half crowns; I did not see them taken: the constable is here.
WILLIAM TAYLOR sworn.
I live in Arundel-street. About twelve, or half after twelve, on Saturday night, the 20th of December, I was going in at my own door; I heard a cry of stop thief, and I saw this girl running, and the man running after her; this man run against another man (as that man said) who had a pipe in his mouth, and run his pipe against his mouth: and the man turned and knocked him down; three or four men came up at the time; I seized the prisoner at the bar; I saw the sixpences, and I believe, to the best of my knowledge, they were taken out of her pocket; the man, before he saw the money, said, there was one very remarkable sixpence of King George the second, and a crooked sixpence.
I was constable, on duty that night: the prisoner was brought to me about one in the morning, of the 20th of December; the prosecutor told me he was robbed of seven shillings and sixpence; I asked him what money it was; he described his money to be, one French half crown, and one of the sixpences, which was a fresh King George the second, bent in the edge, which he could swear to; this is the sixpence which he swore to.
(Handed to the Court and Jury.)
Prosecutor. I have never seen the sixpences since; there is one very remarkable one; this is the sixpence; if any man can swear to money.
PRISONER's DEFENCE.
I was crossing over the way from St. Clement's church, and I met a parcel of man talking, going towards Temple Bar; and I stooped to pick up my snuff box, and I saw a sixpence lay, which I picked up; and the prosecutor came to me, and said, oh! I am glad I have caught you; I bid him go about his business, and let me go home; he kept pulling me about, and said, I had robbed him; which I denied; and then Mr. Taylor came up, and said, I should go to the watch-house: the prosecutor said, he was knocked down; but he was not dirty.
GUILTY .
Fined 1 s. and imprisoned six months .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
184. THOMAS WILLIAMS was indicted for that he, on the 6th of December last, feloniously, wilfully, and of his malice aforethought, did make an assault on Sarah Whitlam , being on the top of a certain coach, drawn by four horses, in Oxford-street , and that he feloniously, wilfully, and of his malice aforethought, did drive the said four horses in such a violent manner, by means whereof he overturned the said coach, and threw her, the said Sarah Whitlam , to the ground, giving her thereby, in and upon her head, breast, belly, and sides, and other parts of her body, divers mortal bruises, of which she languished from the 6th of December to the 28th of the said month, and then died; and so the jurors upon their oaths say, that he the said Thomas Williams , feloniously, wilfully, and of his malice aforethought, did kill and murder her, the said Sarah Whitlam .
He also was charged on the coroner's inquisition, with feloniously killing and slaying the said Sarah.
I saw the deceased Sarah Whitlam , on the ground, after the coach was overturned; it was a month last Sunday, between five and six in the evening; she lay on her back in the street; she was brought to the side of a house where my wife sells fruit; she was there some time, till she was taken away in a hackney coach; she appeared to be very much hurt and insensible; she frequently laid her elbow on the table; I observed a little blood under her head; I cannot tell where she was before the coach was overturned; I never saw her afterwards; I do not know the prisoner, nor who drove the coach.
Mr. Garrow, Prisoner's Counsel. What sort of a night was it? - A pretty clear night.
I saw the coach run down Oxford-street very fiercely, and the first wheel struck the post, and the second threw it over and split the post in two; I sat upon a half sieve on the step of a door; I did not see where she was before the coach was overturned, the woman was brought on the basket where I sat, and sat down some time, and her head was bleeding; her hat or bonnet was off, and her shoes, and a man came and put her shoes on; I called to her several times and she made no answer, she went off in a hackney coach.
Did you see the coach before it was overturned? - Yes, it was coming along the street.
Could you at all judge on what occasion the coach was overturned? - No, I could not indeed.
I saw the deceased at her own habitation, Chandos-street, Covent-garden, between five and six in the evening, on Sunday, I found her insensible, with a wound on the side of the head, about two inches in length, bleeding profusely; she was insensible and let me do any thing to her; I saw her the next morning, she was then insensible, complained a good deal of a pain in her stomach, could keep nothing on her stomach; nothing had gone through her the whole day; I saw her again on the Tuesday, she was then a little sensible, could tell the pain in her stomach, but could could not tell where the blows were received; she said she was bruised very much, but could not tell what part; I saw her again on the Tuesday evening, dying.
What in your judgement was the cause of her death? - The blows received on the side of the head, and the different parts of her body.
The prisoner drove for me a year and a half the Aylesbury stage; he came out of Aylesbury, coming to London, and got to London about half past six; I know nothing of the business, only the prisoner's character; I saw him when he came in, he was very sober.
WILLIAM BARNABY sworn.
I saw the Aylesbury stage coach on Sunday evening last, about four o'clock, at the Old Hat, and changed horses there; I came up to town with him; an accident happened in Oxford-street; there were a couple of coaches standing side by side, and the coachman halloo'd out three or four times before he came to them, and they did not draw off, and it being a dark foggy night he could not see the post, and he ran foul of it, and overset the coach; the deceased was laying down on the side upon the roof of the coach; she sat close to me on the roof of the coach; she fell off of it, and I along with her, and the rest that were there; the man was very sober, he never drank any thing while I saw him.
Court. In this case, it is not necessary to to put the prisoner on his defence at all.
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
185. WILLIAM SLATER was indicted for stealing, on the 26th of December last, ten pounds weight of beef, value 2 s. the property of William Harrison .
I live in St. George's parish; I am a butcher ; I left this witness, Gillikon, to look after my beef about half past one, while I was absent.
- GILLIKON sworn.
I am servant to the butcher, he left me in care of his shop; about two, I was on the other side of the way, and the prisoner came along the same side as the shop, and took up a mouse buttock of beef from the
shopboard, and put it under his apron and went away; I went to seize him; he dropt the beef, and ran away; I could not pursue him, having no person in the shop; I took up the beef; the prisoner was apprehended the same afternoon; I saw the prisoner afterwards, in Barret's-court, with some more of his companions, and observed him, knowing him to be the man that took the beef; and a little boy said, Will, see how the b - r stags you; and the prisoner came up to me, and said, you b - y thief, what did you call out stop thief for; I will cut your b - y head off, and they began beating me when I cried stop thief: his foot slipped, and I ran away; immediately I went to a constable, who refused to go with me; his name is Yates, he keeps a hair-dresser's shop; I went to Mr. Harrison, and he came with me, and took the prisoner standing by the fire at the public-house, the Pontefract Castle; I am certain the prisoner was the man; I never saw him before that day.PRISONER's DEFENCE.
I know nothing of it.
GUILTY .
Transported for seven years .
Tried by the first Middlesex Jury before the Mr. Baron THOMPSON .
186. GEORGE DEADMAN was indicted for stealing, on the 11th of January , seventy pounds weight of lead, value 10 s. belonging to James Randall , affixed to his dwelling house .
On Thursday night, between ten and eleven, I was informed there was a thief in the house; I went to this house of mine, and up stairs in the room where the boy sleeps, there was this lead, and a horse-cloth on it; I bid him get up, and sent for a constable; I asked him where he got the lead? he said, he took it off my gutter.
Mr. Cox, Prisoner's Counsel. Did he tell you he took it off, or found it there? - He said, he found it there; I let this house all in apartments; I do not live there myself; I have not been at the top of the house a long while.
Mr. Cox. My Lord, I submit there is an end to the indictment, because the lead is laid to be fixed to his dwelling house, not to a building of his.
ACQUITTED .
Tried by the second Middlesex Jury before Mr. RECORDER.
187. JOHN HURLOCK was indicted for stealing, on the 16th of December , one wooden till, value 6 d. twenty-five shillings, and ninety-six copper halfpence, value 4 s. the property of Charles Gillet .
I am a pawnbroker , in Old-street ; on the 16th of December, between six and seven, I lost my till; the prisoner called for a silk handkerchief, which he said was in pledge; I locked the till and went up stairs, and when I came down it was gone; there was twenty-five shillings in silver, and about four shillings in halfpence.
I was in the back room; I saw the prisoner leaning over the counter on his stomach, reaching the till out; I ran into the shop and he made off; I called out; I saw him in the shop with the till in his hand: knowing him, I went to his place; when I got to his house, the door was open, but nobody there; I never found the till since.
I took him into custody.
PRISONER's DEFENCE.
A young fellow called me out of the shop; I went in to pawn a handkerchief.
GUILTY .
Imprisoned twelve months , and fined 1 s.
Tried by the first Middlesex Jury before the Lord CHIEF BARON.
188. JOHN JONES was indicted for stealing, on the 10th of December last, four damask window curtains, value 4 s. the property of Thomas Rutherford .
I am wife to Thomas Rutherford , he lives in Newman-street ; we lost four window curtains the 10th of December; they were taken out of the parlour, from the rods, about eleven at night; ours is a public-house, the door was open; the company had been gone out about half an hour; the prisoner came in and went into the parlour, and shut himself in the dark; the lights were taken away; he called for a glass of crank; I took it in myself; my husband was ill; the prisoner stood with his back against the fire, with a paper full of hay on the table; I sat down the gin and water; he said, if he comes, tell him I am here: I said, if who comes, he said, if Mr. Webb comes; I went away, and in about a quarter of an hour he ran quick through the passage; and I saw the curtains were gone, and the mark of his feet in the chairs.
I live with Mr. Rutherford; I was in the room, but did not see the man take them; I saw the curtains there when the man came in.
I am a watchman; I took the prisoner soon after on information; he had a bundle of hay and brickdust under his arm, tied up like muslin; the direction is John Williams , Esq. Berner-street.
Mrs. Rutherford. I believe this to be the bundle he brought to our house; I know him again; I never saw him but that once.
PRISONER's DEFENCE.
I was returning home; I had appointed to meet Mr. Webb there; I never saw the curtains.
GUILTY .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
189. THOMAS MACQUIN was in- indicted for stealing, on the 11th of December last, one feather-bed, value 2 l. two sheets, value 6 s. two flat irons, value 1 s. a copper tea-kettle, value 18 d. a tea-board, value 9 d. a looking-glass, value 2 s. a glass salt holder, value 1 d. a milk pot, value 3 d. a bed quilt, value 2 s. a brass candlestick, value 3 d. a feather bolster, value 1 s. the property of John Adams , in a lodging room .
I live at No. 4, White Hart-court, Broadway, Westminster ; I have had a house there five years; I know the prisoner about seven weeks; he lived with me, and had a one pair of stairs room, ready furnished; there were all the things mentioned in the indictment; they were let with the lodging to the prisoner and his wife; I missed them the 11th of December, they are here; they were pawned: the prisoner was in confinement at the barracks at Knightsbridge; we did not live at that house: on the 11th of December, I discovered the things were gone; I found the woman playing at cards; she went with me; she said she had lost the key of the room; I got a constable and got the duplicates from the woman; it was about ten at night.
I had these duplicates from the prisoner's wife; we went to the pawnbrokers, Brown and Windsor; the pawnbroker would not go to the justice when he was required.
The prisoner pledged these things at our house, 14th of October, I have had them ever since.
I am wife of John Adams ; these are our property.
(Deposed to.)
PRISONER's DEFENCE.
I acknowledge to have pawned these
articles, from motives of necessity; and when Mr. Adams had me apprehended, he wanted me to pay the money; I told him I would replace every thing; I had no intention of leaving the premises.GUILTY .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
190. MARGARET COOPER was indicted for stealing, on the 18th of November last, one pair of linen sheets, value 3 s. one feather bolster, value 4 s. two linen pillow cases, value 6 d. one brass candlestick, value 4 d. the property of Joseph Moore , in a lodging room .
I live in Gardeners-street; King-street, Westminster ; I know the prisoner; she took a lodging of me the 5th of October, one room furnished; she had a bed and sheet, and every thing for her use, and the things in the indictment; she was to pay two shillings a week; I missed on the 18th of November, the things in the indictment; I went to the justices; and saw my things again, on the 14th of December, at Mr. Wright's, in the Almonry, he is a pawnbroker; the prisoner went away some time before the 18th; on that day I found the things missing; I put a padlock on the door four days before.
I am wife to the prosecutor; I do not know how the things went.
I live with Mr. Wright, a pawnbroker, I took in the things in the indictment, of the prisoner; the bolster and sheet on the 11th of November; I lent three shillings and six-pence on them; on the 3d of November, I took in a sheet for one shilling and six-pence; I have known her a long while; I thought they were her own; on the 27th of October, I took in a candlestick for four-pence, the things are here.
(Produced and deposed to.)
PRISONER's DEFENCE.
I was in distress; I did so before when I was in distress, and I fetched every thing constantly back: had not I been padlocked out, I should have made every thing good.
GUILTY ,
Privately Whipped .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON.
191. JOHN BURBAGE was indicted for stealing, on the 23d of December last, two pair of womens leather shoes, value 4 s. one pair of stuff ditto, value 2 s. the property of Philip Crispin Smith .
(The witnesses examined separate.)
I am a shoe-maker , in Greek-street, Soho ; the prisoner has been my foreman above a year; I suspected him, and on the 23d of December, I got a warrant and searched his room; No. 37, Monmouth-street; I knew he lodged there; the constable found two pair of womens black Spanish leather shoes, in a closet among some dirty linen; I was present; the prisoner came home to dinner, not knowing we were there, and he was searched; and a pair of womens stuff shoes were found in his pocket; the leather shoes I believe to be my property, but could not positively swear to them; the stuff shoes I know, they have my mark; he was taken immediately before the magistrate and examined: the examination was taken in writing.
Mr. Knapp, Prisoner's Counsel. The prisoner has been your foreman upwards of a twelve-month? - Yes.
I suppose in the course of your business, he might take out shoes to fit? - With my approbation.
Suppose you was not at home? - I never suffer such a thing, nor he never did such a thing.
I made the two pair of Spanish leather shoes.
Mr. Knapp. Have you never said you would swear to this property, to save yourself, or something to that effect? - No.
How long had those shoes been out of your hands, and in Mr. Smith's custody? - It might be six weeks.
Was there any particular mark about the shoes? - Every man can swear to his own mark; I put no mark on them any more than any other shoes.
I went with Mr. Smith, on the 23d of December, to the prisoner's lodgings in Monmouth-street, in company with Abraham Barrier ; the prisoner was not at home: I searched the lodgings; and in a closet among some dirty and clean linen, I took down a bag: there were light coloured shoes in it; they were silk; then I took down another bag, and there I found two pair of women's black leather shoes; during this time, the prisoner came in; and when he saw his master in the room, he tried to escape, running backwards towards the door; I ran and laid hold of him; he turned pale; and after making some resistance, Barrier came up to my assistance, and I searched him, and took this pair of stuff shoes out of his pocket, which he acknowledged to be his master's property, and begged his pardon; and he acknowledged the black leather shoes to be his master's property; his master shewed them to him, and said, these are Davage's make; and the prisoner acknowledged they was: I kept the stuff shoes which I took from him; here is a mark inside.
Mr. Knapp. How many people were in the room? - Four or five.
Did you hear Barrier say any thing about the shoes at the time? - I cannot recollect.
Try; did you hear Barrier say any thing at that time about the shoes? - I do not recollect he did.
I belong to the rotation-office; I went with Smith and Young to the prisoner's lodgings; his wife said they were his lodgings; and there the last witness found these shoes; (produced); when the prisoner came in, he seemed confused to see us all in his room; he told his master that some gentlemen wanted him at his house, and walked backwards towards the door: he refused being searched, and we were obliged to throw him down on a chair backwards; and then the last witness took a pair of shoes out of his pocket: I think it was his right hand pocket; he said they were Mr. Smith's shoes; he was then taken before the justice; and I have had these shoes ever since.
(The shoes deposed to by the prosecutor, having his mark C. S. inside.)
The slippers are always marked.
Davage. These leather shoes I made within six weeks of the time; I know nothing of the stuff ones; I know my own work.
Mr. Knapp to Mr. Smith. There is no other mark on these shoes, than on any other shoes in your shop? - No.
Has not this man often worked at over hours? - Never, to my knowledge.
PRISONER's DEFENCE.
Concerning the stuff shoes which they found in my pocket; a person spoke to me, and told me to bring her a pair of shoes to fit her; and she was to have given three shillings and six-pence for them, which I should have given to my master, had they fitted; I have frequently carried out shoes at different times in the same manner, one or more pair at a time, and he has known nothing of it till I gave him the money; I can produce the person that ordered me to bring her the shoes to fit; and I have witness to prove she sent to me; and these leather shoes I made at different times over hours; the person that swore to
the making of those shoes, said he would not have sworn to them, but he was afraid he should lose his feat of work: at different times I have carried great sums of money to the Bank for my master, who never found any thing deficient; and one time he gave me too much, and I returned it.I know the prisoner: on the 21st of December, I was measured in Mr. Burbage's room for a pair of shoes: I was to have them on the 25th; I forgot the name of the street; it is by the Seven Dials where Mr. Burbage did live then; I never had them: I have not known the prisoner long; I have known his wife a good while; I never knew any thing dishonest of the prisoner.
William Davage informed me that what he swore concerning the shoes, he was obliged so to do; on the outside of Guildhall, he said he was obliged so to do; or else he might be thought a confederate in the matter.
Court. On what occasion was this said? - Mr. Smith desired me and Burbage to attend at Hicks's-hall, because he said he would throw out the bill, if it lay in his power: that was on Wednesday, the 6th of the month; I went to speak to him concerning it, and he said if I would attend him the day following; I went to know what Mr. Smith would do, because my sister is married to this gentleman, the prisoner.
- BURBAGE sworn.
I am brother to the prisoner at the bar; I can witness to what this man said: Mr. Davage, the evidence against the prisoner, declared before me and the other gentleman that was up just now, that he was obligated to swear to two pair of shoes in the manner he did, or otherwise he should be thought a confederate in the matter.
William Davage . When first Mr. Smith acquainted me of it, he accused me of making shoes for Burbage's wife: I told him I did not; I made the shoes for him, and he paid me for them: I was acquainted with them before this affair; I called on Mrs. Burbage, and he asked me how I could think of swearing as I did; and afterwards, when I was speaking of it to Taylor and Burbage's brother at Guild-hall; I said I thought it was very hard I should be judged in the manner I was, not to swear to my own work; but if I had not done it, Mr. Smith might have thought I had made the shoes for his wife: as I knew the prisoner before, I was very sorry I should be obliged to swear against the prisoner; but I must swear to my own work: the prisoner was a very civil man, and always behaved very well to me.
Was Burbage, the prisoner's brother, present at that time? - He was.
Court to Mr. Smith. John Taylor has said, that you said to him on the 6th of January, you would throw out the bill, if in your power? - He came with his brother that has been now sworn, to my house, and hoped I would be as favourable as possible; I said I should be at Hicks's-hall, and they would see me there; that was what passed to the best of my knowledge; but the application made by them to me, was for favour to the prisoner.
GUILTY .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
192. HENRY SERJEANT was indicted for stealing, on the 12th of January , one deal box, value 1 s. twenty-four pounds weight of starch, value 15 s. seven pounds weight of salt, value 4 d. three pounds of sal prunella, value 2 s. four quires of emery paper, value 4 s. and twenty-five red herrings, value 2 s. the property of Thomas Slade .
I live in Bartholomew-close; I am an oil-man : on Tuesday evening last, I lost the box and things contained in the indictment.
JAMES HARDY sworn.
I am servant to Mr. Slade: the box that was taken from the prisoner, I packed up for Mr. Slade's cart, on Tuesday afternoon, between six and seven, at his door; it contained the things in the indictment; I saw the box delivered by one of our porters into the cart, which John Walton had the care of: the people who stopped the box came to our house.
I was standing at my mistress's shop in Fleet-market, one Tuesday evening about seven, and I saw the prisoner going by with a box on his head, and one before, and two behind; they were all running, and seemed frightened; I suspected it was stolen, and told a young man, and we followed them, and took the prisoner with the box; he said he found it by the side of the Fleet-market; we broke open the box, and sent to the prosecutor; the box and things we left at Mr. Ashmore's, the ward beadle's; and then it was carried to Mr. Roberts's, the constable's; it was at Mr. Ashmore's the space of half an hour; he was not at home; it was left in young Mr. Ashmore's custody; he is not here.
Court. Send for him.
I went along with Porter, and assisted in taking the prisoner; the prisoner had a box; it was taken to a public-house, and from there to Mr. Ashmore's.
I was the carter: when I got to the King's-arms-inn, I missed the box; I went from Bartholomew-close to Goswell-street, and from thence to the King's-arms, Holborn-bridge; the box was to be delivered at the King's-arms; the box was about the middle, as near as I can recollect; it could not fall out as I placed it: it is an open cart, and a tarpaulin thrown over the cart; when I got to the King's-arms, the tarpaulin was thrown quite over from the cart; I had not left my cart at all; I was minding my horses; I never stopped any where; there was no stoppage.
I remember a box being brought to my father's house by two patrols; I was not in the shop when it was brought; a young man was in the shop (Huckey); he had a bill of parcels in his hand; the goods were not examined; I saw there was starch in it; I waited till my father came home; Mr. Slade's man and the carter came to our house; they knew it was the same goods; one of the patrol carried it to Mr. Roberts; I do not know his name.
- ROBERTS sworn.
I am the officer; I produce some goods; they were brought to my house from Mr. Ashmore's, by a patrol named William Porter; he is not here; another patrol, whose name I forgot, was with me.
Court. When was this man committed? - On the 13th of January.
Court to Huckey. Did you take notice what was in the box? - It was impossible; I took out a bill of parcels of Mr. Slade's; I should not know it again; it amounted to four pounds, fourteen shillings, and three-pence; I kept the bill of parcels, and took it to Ashmore, as I think (the bill of parcels produced); this is the same amount; I set a mark on it.
Court. Who went to Ashmore's? - Mr. Slade's clerk.
Is he here? - No.
Court. Send for the patrol that carried the box from Ashmore's to Roberts's.
Huckey. I can swear this was the box I carried to Ashmore; there was no dirrection upon it.
Court to Harding. Is that the box you packed up? - Yes.
What is there on it? - Two marks, which I can swear to; there is starch, and a person's name; it is the same box.
Prisoner. I was going down Fleet-market, and saw this box lay by a china shop; a man came up, and said, why do you take this box away; I said, does it belong to you: I stopped ten or fifteen minutes, and
nobody came. I have been a gut spinner all my life. I did not run, I walked.I took a box from Mr. Ashmore's to Mr. Roberts; I delivered it in the same condition I received it.
Court to Roberts. That is the same box.
Court to Harding. Look over the things, and tell me if they are the things you packed up? - Yes; I can swear to the red herrings in this paper; I tied them up myself.
GUILTY .
Transported for seven years .
Tried by the London Jury before the Lord CHIEF BARON.
193. JOHN MARTIN otherwise JOHN GREEN otherwise THOMAS GREEN was indicted for feloniously stealing, on the 12th of December last, two geldings, price 12 l. the property of Richard Martin .
(The case opened by Mr. Silvester.)
I am a hackney coachman; I drive No. 466. On the 12th of December last, I put my coach the corner of Hatton Garden rank, in Holborn, about five o'clock; I went to the Coach and Horses watering house, and had some meat, bread, and porter; I staid about twenty-five minutes; when I came out I missed my coach and horses; I told my master; and it was found at the City Green-yard, Whitecross-street; I sent John Elmsley : it was my master's coach and horses; his name is upon it: I am sure I left it in the rank.
I am a hackney coachman. On the 12th of December I was in Hatton Garden rank, a little before six; I knew Jones, but not his coach; I saw a coach driven away, out of the rank, by a man in a great coat, and a white wig.
Court. How many coaches did you see turn in that manner? - Somebody called coach; and then Mr. Fox tried to get the job; and then another coach turned out of the rank, and drove down Fetter-lane; the cry for the fare came from the right hand side, where he turned about.
THOMAS FOX sworn.
I am a coach master; I drive my own coach: there was a call in Fetter-lane; I tried to get at it; but Mr. Martin's coach, which I saw as I passed it, got before me; I did not see him take up any fare: he went briskly up the lane.
I am a coachman: I went in search of this coach; I found it at the Green-yard.
I live servant at the Green-yard. I remember a man bringing a coach, the 12th of December, about six o'clock; the prisoner is the man; he said, his name was John Green; he said, he found it near Snow-hill, without a driver, and that it was a stray; they get one shilling each horse, and one shilling for the carriage; I pay that by my master's orders; the owner pays nine shillings; the prisoner came again the next day, with another coach; and told me his name was Thomas Green; then he recollected himself, and said, I told you last night Johnny Green; Oh! says I, I shall not alter it; call in two hours, and I will pay you; mean time I sent to Mountain, and he was taken.
Prisoner. The coach was a strayed coach.
Have you been an old coachman? - I have been a piece of a one, in my life time.
How old are you? - Five and fifty. I have no witnesses.
NOT GUILTY .
Tried by the London Jury before the Lord CHIEF BARON.
194. JOHN MARTIN alias GREEN was again indicted for stealing, on the same day, one pair of coach harness, value 10 l.
one coach, value 6 l. and one pair of coach horse bridles, value 5 s. the property of Richard Martin .There being no further evidence, the prisoner was
ACQUITTED .
195. JOHN SMITH was indicted for stealing, two pewter pots, value 2 s. the property of John Fox .
The witnesses not appearing, the prisoner was
ACQUITTED .
Tried by the first Middlesex Jury before Mr. RECORDER.
196. SAMUEL MOUNTFIELD was indicted for stealing, on the 31st of December last, two irons, for ropes, and one yard of hempen yarn, value 7 s. the property of John Briant .
I am Mr. Briant's horse keeper. I found the prisoner with the property, on the wharf; it is an open wharf; I asked him what he had there? he said, nothing; I said let me see: he threw it down, and ran away: he was taken and secured.
(Produced and deposed to.)
It was cut. We found a knife on the wharf.
Prisoner. I found the rope on the wharf. I work for Mr. Briant sometimes.
Prosecutor. He had worked for me.
Lear. I cannot tell when I saw it last.
GUILTY .
Whipped , and imprisoned six months .
Tried by the first Middlesex Jury before Mr. RECORDER.
197. MARGARET MILLER was indicted for stealing, on the 29th of December last, an iron hammer, with a wooden handle, value 6 d. an iron swage, value 6 d. the property of Benjamin Bridges .
On the 29th of December, a little after four, I shut my shop, and went backwards; I saw the prisoner come down the shop: the door was pulled to, but not made fast: I had been robbed before: I waited, and at last she returned; I could see her; and she brought out a hammer and a swage, which is an instrument belonging to a tin-man: I stopped her, and took the things from her.
(Produced and deposed to.)
Prisoner. The prosecutor took me into a room, and used me unruly and unmodess, and gave me a penny, and a piece of bread: I had no hammer.
GUILTY .
Imprisoned six months , and fined one shilling .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
198. MARY DICKINS was indicted for stealing, on the 21st day of December last, a pair of thickset breeches, value 5 s. the property of Isaac Israel .
I am a salesman , in Rosemary-lane ; I keep a shop: I lost the breeches from the Change there; I packed them, and sent them there the night before; I saw them there the next day, in the possession of Power.
On that day, Monday afternoon, the 21st of December, (I live in Rosemary-lane) and sitting near the fire, being poorly, the lad that I employ called me to look at a pair of breeches, to be sold for eight shillings, by a woman; she went away; and the boy paid her six shillings for them; I did not see him pay her; I saw her again in a quarter of an hour,
coming up the lane; and suspecting the breeches was stolen, I stopped her: I asked her where she got those breeches? she said, she bought them; I said, no, you have stole them; and she said, she did buy them; finding there was a Jew's mark on them: I found out the owner; the prisoner said, she bought them at a shop lower down. I asked him when he came to the door, if these were his breeches; he owned them: the prisoner held two shillings between her fore finger and thumb, and said, I gave that for them.PRISONER's DEFENCE.
I bought them of a woman; I gave five shillings and sixpence for them, and sold them for six shillings; it was more than I knew, if they were stole. This gentleman was walking backwards and forwards, and asked me what I had to sell; I told him a pair of breeches; the two shillings was what I owed the woman; as I only paid her three shillings and sixpence.
Prosecutor. I was in doors; I was not walking about.
GUILTY .
Fined 1 s. and imprisoned six months .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
199. ANN COOLING was indicted for stealing, on the 27th of December last, two aprons, value 2 s. two woollen blankets, value 12 d. the property of James Nevelle ; and two linen shirts, value 5 s. the property of David Emanuel .
I lost the things in the indictment; the prisoner was taken with the things.
I was lest in care of the prosecutor's house on the day after boxing day, which was Sunday; I latched the doors, the inside and outside; I went down to the end of the court on a message; and by the time I came up, the two doors were open: I saw the prisoner just the outside of the threshold of the door, with these things in her apron; she had a young woman with her; I asked her what she had? and she said, clothes belonging to a young woman that was with her; I took her into the house, and took out of her apron two cotton shirts, a pair of blankets, two coloured aprons, and some footy things besides; I had seen the things under the bed; they had lain there a couple of days: the landlord came in and sent for a constable.
I am a jew, and an officer; I was sent for, and received these things from Mary Steward : I took the prisoner in custody; two of the shirts are my property.
(The things deposed to.)
PRISONER's DEFENCE.
I know nothing of the things; the witness made me fuddled; the jew brought two different shirts.
GUILTY .
Fined 1 s. and imprisoned six months .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
200. EDWARD MILLING STATREAD and ROBERT STATREAD were indicted for stealing, on the 9th of January , a twig basket, value 3 d. and three quartern loaves, value 12 d. three small loaves, value 6 d. and one other ditto, value 2 d. the property of William Lapiere .
I am a baker ; my man lost my basket and bread.
On the 9th of January, I left my basket as usual, the corner of Orange-street, Bloomsbury ; I left my basket for a quarter of an hour, and when I came back, my basket and bread were gone; I found my bread, but not my basket; going up Holborn, I saw Robert carrying a basket on his shoulder; it was my bread, but not the basket; I know it; they were made
on purpose for a customer, to be crusty; there was a W. there, that is generally on bread; I stopped him, and went to my master; he knew the bread: the other prisoner was stopped while I went to my master's.(The bread produced and deposed to.)
PRISONER ROBERT's DEFENCE.
I was going after a place, and a baker asked me to carry his basket to St. Giles's-church; and he gave me a penny.
Court to Ellis. Did he tell you so then? - No.
BOTH NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
201. WILLIAM FREEMAN was indicted for stealing, on the 14th of November last, two men's hats, value 10 s. the property of George Baillie .
(The witnesses examined separate.)
GEORGE BAILLIE sworn.
I keep a public house ; I lost two hats the 14th of November; I had employed the prisoner and some others to move some goods for me; and in ten days after, I missed the two hats; I thought it was very hard, as I had entrusted him a long time; I have seen the hats since at the pawnbroker's; he was entrusted to take care equally as if I was there myself.
I produce one hat; it was pledged with me by a woman of the name of Freeman; I never saw the prisoner till in Bow-street.
We stopped to have a glass of gin a piece, and I saw two hat-boxes in the prisoner's hand; what was in them I cannot say; he delivered them to the public house; the man's name is Milliner.
A man came into my house with three hat-boxes; and he took them away again; I do not know the man; I think he was the same man that left them.
The prisoner brought this hat to pledge with me, on the 8th of last November, I believe; I have no memorandum; he had four shillings in pledge.
Prosecutor. It is my hat I believe, to the best of my knowledge, by the buckle; I cannot positively swear it is.
Mr. Knapp, Prisoner's Counsel, to Prosecutor. When did you first lose those hats? - The goods were moved the 14th of November; and I went before the magistrate fourteen days after.
Had the prisoner done work for you before? - He had.
Was there any account subsisting between him and you, for work done? - There was; we had not settled our account; I think if the balance was properly settled, I should owe him nothing; I objected to his bill, and would not pay it.
Was you served with a subpoena? - Yes.
Was that before he was taken up? - Yes, I believe it was.
How long after this, did you charge the prisoner with this offence? - Two or three days after this subpoena was served.
What time was there between the time that these goods were removed, and the time you received this subpoena? - I cannot say.
Was it a week? - I do not know.
Was it two days? - It might be.
Was it more or less? - It might; I cannot say; the prisoner told me he had taken the hats out of the cart, and he could not deny it.
Did you get the duplicates from him? - I did.
How long after that, did you charge this man? - Two or three days.
Court. When was it that this conversation passed, that you talk of? - It might be ten or twelve days; Carter said he took the hats, and the prisoner said the man has got his hats again.
Have not you offered if he would give
you a release from the debt, to give him a release? - I have not; I do not know what a release means.Have not you promised to forgive him, if he would forgive you? - No.
Do you not know now, that there is a release preparing? - I have heard such a talk not half an hour ago.
PRISONER's DEFENCE.
I removed the things for Mr. Baillie, and I had the hats, and I pawned them: Mr. Baillie promised never to trouble me; then several days after, I could get no settlement, and I served him with a writ; then he served me with a warrant, and took me to the justice.
The prisoner called John Purvy , who deposed, that he knew the prisoner and Mr. Baillie; and that he heard Mr. Baillie offer to forgive him, and went with him to the pawnbroker's, who was shut up; and then Baillie desired to have the duplicates, and he would get them in the morning, and no more should come of it, and he would deduct the money.
GUILTY .
Fined 1 s. and imprisoned six months .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
202. MICHAEL SHEEN was indicted for stealing, on the 26th of December last, a pair of men's leather shoes, value 4 s. the property of Robert Martin .
Mrs. MARTIN sworn.
I am wife of Robert Martin , in Wapping High-street ; he keeps a Yorshire shoe-warehouse ; on the 26th of December, I was standing in my shop between seven and eight at night; these shoes were in the window; the prisoner put his hand into the window, and ran away with them; I saw him; there were a dozen candles in the shop; I ran after him, and cried stop thief! and my neighbour, Joseph Wood , pursued, and brought him back with the shoes; they are the same shoes; I saw the prisoner's face at the time he took the shoes; and he had a silk handkerchief about his neck; he is the same.
About eight at night, I heard the alarm of stop thief! I live opposite the bridge, just by; I saw a boy run over the bridge, from the shop; he was ten yards a head of me; I hallooed out stop thief! and two men stopped him; I saw him stopped; I never lost sight of him; I looked about, and picked up a pair of shoes; I went up to him directly as they stopped him; I searched him; he had nothing about him; he said, what are you going to do; then I looked about, and saw a pair of shoes just off the kirb-stone, about two yards from where he was stopped: Mrs. Martin owned the shoes, and knew the boy again.
PRISONER's DEFENCE.
A friend saw me, and gave me part of two pints of beer; and going away, there was a cry of stop thief! I ran, and they took me.
GUILTY .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON .
203. RICHARD CLARKE and JOHN PAYNE were indicted for stealing, on the 2d day of January , four quartern loaves of wheaten bread, value 2 s. 7 d. the property of John Gill .
I live in Shadwell-market; I am a baker ; on Saturday, the 2d of January, about eleven in the forenoon, going to serve my customers as usual, I set down my basket in Lower Shadwell-street ; and on my return, I missed four quartern loaves; I went to search whether I could find them, and I received information of two men; we ran after them, and took them in Griffin-street with the four leaves; that was about
a quarter of a mile from the basket: Payne, as soon as he saw me, threw down the bread, and ran away; I ran after him, and brought him back; and one Alfrey that was with me, had the other in hold; and we took them before a magistrate; I said nothing to Payne, till he dropped the bread; he had on his baker's dress.(The bread produced and deposed to by the mark of a knife.)
- ALFREY sworn.
The prosecutor overtook me going up Shadwell-market; I had a basket on my shoulder; and on information, ran after two men; they both had loaves; I am certain of that; those two men are the two prisoners at the bar; I pursued after them; they separated; one went down the street, and the other up; I met Clarke coming up towards me; he was returning the way he had gone; he had two loaves under his arm; I stopped him, and took him and the bread to the baker's house, where the bread came from, and from thence to the magistrate's; I left the bread there, and brought it away, and have had it ever since.
(The two loaves deposed to.)
PRISONER CLARKE's DEFENCE.
We met a man who asked us to carry it.
PRISONER PAYNE's DEFENCE.
Going along I met with this journeyman baker; and I asked him to give me something to drink; he said he had no money, and he gave me these loaves.
The prisoner Clarke called two witnesses who gave him a good character.
The prisoner Payne called two witnesses who gave him a good character.
BOTH GUILTY .
Whipped .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON.
204. ROBERT DAWSON was indicted for that he, on the 9th of November, at the parish of St. Mary, Islington, did take to wife one Ann Curran ; and that afterwards on the 9th of December last, at the said parish of St. Mary, Islington , he did feloniously marry, and take to wife, one Mary Wilkinson , the said Ann Curran being then alive .
Mary Wilkinson and George Fisher called to give evidence, and not appearing, the prisoner was
ACQUITTED .
Tried by the first Middlesex Jury before Mr. RECORDER.
205. JOHN HYAMS was indicted for receiving, on the 18th of November last, one watch, value 20 s. one silk watch ribbon, value 1 d. one steel seal, value 6 d. one key, value 1 d. which had been feloniously stolen by Ann Guest , Ann Yardley, and Susanna Brown , well knowing the same to have been stolen .
The record of the conviction of Ann Guest, Ann Yardley , and Susanna Brown , read.
I was robbed the 18th of November, 1789, at the end of Widegate-street, about eleven at night, of a watch and six shillings and six-pence; these three women robbed me, now under sentence; I got my watch again the same evening, in a house in Dillon's-court, or Gun-court, in the possession of the prisoner; he owned the room where it was found; these three women were at his room when I went; but I do not know who delivered the watch up; I said nothing to him; I do not think I ever saw him before; the women were women not ragged, but very coarse and homely; their dresses was tight, but that was all.
(The watch produced.)
About the 18th of November, at night, the prosecutor came to the watch-house, and we caught the women in his room, and one of the women said, John, you know where it is; and one of them looked in the coal hole, and said, she could not find it; then she said, John, you go in, you know where to find it better than I, and he went in and found it.
I was with Mr. Fogg; we could not find the watch; the woman said something to the man, and he went in on his hands and knees, and found the watch.
Two more witnesses deposed to the same effect.
PRISONER's DEFENCE.
I am innocent; I have not got a friend in the world, but God above, and the mercy of the Court; I went for some drink, and while I was gone, they put it in the dust hole.
GUILTY .
Transported for fourteen years .
Tried by the first Middlesex Jury before the Mr. Justice BULLER.
206. JOHN CANNON was indicted for stealing, on the 9th of January , two quires of writing paper, value 3 d. three pounds weight of refined sugar, value 2 d. one pound of coffee, value 6 d. one stone pot, value 1 d. a quantity of raspberry jam, value 1 d. a quart glass bottle, value 1 d. one printed bound book, in quarto, entitled the London Cook, value 3 d. one other ditto, value 3 d. one other ditto, value 3 d. one base metal watch key, value 1 d. one yard of thread lace, value 4 d. one thimble, value 2 d. one iron register stove winder, with a wooden handle, value 6 d. the property of Edward Strong , Gent.
I live in Great Ormond-street ; the prisoner was my butler , and his wife cook, two or three years; I had missed stores, but could not fix on what servant; my suspicion rather increased; but before I could fix on any body; the wife of the prisoner was discharged, being near her time, and she took all her trunks and boxes with her; soon after this, I received some intimation to suspect the prisoner, and I lay by some few days, to see if I could detect the butler taking any thing out of the house; I could not do that, and on Saturday, the 9th of this month, after supper, and the butler came up to clear his table; I told him I apprehended I had entertained by far, too good an opinion of him, and that I had good reason to suppose I had lost a good many stores, and a great deal of wine, and that I had every reason in the world to suspect that he and his wife were the thieves; he denied ever having robbed me; we were alone in the parlour, and I put the question to him two or three times; he still persisted in his innocence; I then told him I must search his private drawers, and his boxes, and his pantry, to convince me of his innocence; which he said, I might very readily do; I immediately went down with him into his pantry: nobody was there, but him, me, and the foot-boy, Thomas Newton ; I desired the boy to hold the candle, and ordered the butler to open his drawers, and unpack his boxes; he then unlocked three drawers; in the first I found two or three quires of writing paper in a leather case; I examined the paper, and looked at it, and asked him if it was his; he made me no answer; I repeated the same question two or three times; he then said it was mine; I said, if that be the case, I shall certainly take it; it was office paper; the next thing I found, was the top of a loaf of double refined sugar, about one pound; (I had made him no promise or threats at all) I asked him whose that was; I was obliged to put the question to him again, once or twice, and then he said, it was mine; I said, then I shall certainly take it, which I did: the next thing I found, was a paper bag of sugar tied up, and broke very small for use; I asked him whose that was; he said it was mine and I put it on one side: the next thing was a whole pound of coffee, as it came from the grocer's, with his paper and string on it; I asked him who that belonged to; he said, it was mine; and I put it also on one side: searching further I found another parcel of sugar broke, of the same quality as the other that was in the bag; I also found a bottle of flour of mustard, as it came from the shop; I then found a brush, which the other servant claimed: I then asked him how he could be such an ungrateful fellow; and he asked for mercy: I believe I said; I fear you have a halter about your neck, it depends on me, whether I shall pull it tight or not; that was all the answer I made him; I then pursued my search, and I found some books in one of his boxes; I did not claim them that night; I then found a key with two wards, one at each end; he said it was a park key; it did not strike me as a thing of any consequence, and I put it back: in another box amongst his clothes, I found a pot of raspberry jam; he said that was mine; then I told him, he could not think of staying in my house, but he must have his plate and every thing ready in the morning, and what I should do with him,
I did not know, and I ordered him and the boy to bed; accordingly in the morning when I came down, my son looked over the plate while I was in the room, and agreeable to the inventory we found it right; but having suspicion I had lost wine, it occurred to me that I would try this key, and I insisted on his unpacking his things, which he had packed all up and corded, and I took out the three books in the indictment, two of which had my own hand writing in, but the law book had not; I cannot say whether they were the books over night, but I remember seeing the law book over night; for I asked him if he had been studying the law; he said those three books were mine, and I had the key tried, and it opened my wine cellar: I saw the evening before, a winder wrapped up in paper, in one or other of his boxes; he had three or four boxes; he told me the over night, when I asked him what it was with some suspicion; that it was a winder of a clock of his in Gravel-lane; in the morning I took it out, and said, surely, this is the winder of a register stove, and he said it was mine; I tried it with a new stove up stairs, and it fitted exactly: my son took out this little silver thing from one of his boxes; it is a silver wax-light; it does not belong to me, but in the inside, was a silver top of a cork, with ring marked brandy; I asked him whose that was; he said it was mine; then we found in his box, a silver thimble, and a bit of thread lace, wrapped up carefully in a bit of paper, about a yard of very narrow mecklin lace, they were both claimed by my daughter, and he said were mine, and once or twice more he hoped for mercy; I made him no sort of promise; but then I was very well satisfied who plundered me, but that I had not yet made up my mind, whether I should go to Bow-steet, or not; but that he should call of me on Wednesday, (this was Sunday morning); I asked him if he wanted any money, and I gave him seven guineas on account, and he left my house directly: after he was gone, on enquiry I was more dissatisfied, and thought it was a debt I owed the public to prosecute him: on the Wednesday morning about twelve, he came to my office, and I had then one of the Bow-street people to take him, and he was taken into custody; the property has been in my possession and my servant's, from me to him, and from him to me; in fact, it has been in my possession ever since.(The property produced: the two books deposed to, having the prosecutor's hand writing in each.
Mr. Garrow Prisoner's Counsel. Had you any house-keeper in your family? - No.
Who was the proper person to have the custody of your stores? - The stores that had been in general in care of the butler; were such as oil and vinegar, and mustard, and those kind of things; but not sugar, because the sugar is in general hung up in the kitchen, and is delivered to the butler for the purpose of breaking it only.
He said they were your property? - Yes.
Many of them, for instance, a loaf of sugar, if delivered to him to break, might have remained in his possession without much hurt? - Yes.
I suppose those two books had been delivered to the cook, to assist her in the kitchen? - They had.
That cook was the prisoner's wife, and was gone to lay in? - Yes.
Was she expected to return? - Yes, because she was so good a servant.
Those two books which had been delivered to the cook for her use in the management of the kitchen, were found in in the custody of the butler, locked up in some drawers belonging to her, in his care? - They were packed up in the morning; but over night they were in the drawer.
He came according to your promise on the Wednesday? - He did so.
You charged him at first, I believe, with petty larcency, in taking a ready dressed fowl? - I meant only to indict him for a petty larceny.
Do you happen to know whether this is,
or is not a key of the park? - I do not know.Mr. Garrow. I can prove it is.
I believe you sent to him since, to pay him his wages, which he refused to receive? - Yes, I did.
There had been no warning given him? - No, the cook had been pressed to return, and refused it; they were going to set up in a shop.
ALEXANDER STRONG , jun. sworn.
I was present at the search, on the Sunday morning, when the boxes were unpacked, and I picked out the three books, and I knew the confectionary and the cookery books, by the writing in them; having seen them before; the prisoner said they belonged to my father, and the winder he also said belonged to my father; and says he, what I told you belonged to me last night, was one for a clock, and he pulled another out of his pocket; I found the silver of a brandy label; I said, this belongs to a cork; I do not remember what he said; he said the thimble belonged to my sister; he said, he hoped Mr. Strong would not be too hard with him; Mr. Strong had made him no previous acknowledgements in my hearing.
Mr. Garrow. I should think this winder of the register stove would not be of much value to any body, but the owner of the stove? - I do not know.
It is a new stove, is not it? - Yes.
Might not it have been left in the butler's pantry? - I cannot say.
What do you think it is worth? - I do not know.
He told you without reserve what things were your father's? - Yes.
And came again on the Wednesday to have his wages paid according to appointment? - Yes.
PRISONER's DEFENCE.
These stores were by my master intrusted to my care, to give out as they were wanted; he frightened me, I was not used to such treatment, and when I bundled up my things, I did not know what was there; in the morning when I unbundled them they were there; I have the man here now, that I bought the key of.
Court. I do not think the key is material.
Jury. We are convinced it is a key of the Park.
The prisoner called three witnesses who gave him a very good character.
GUILTY .
Recommended by the Jury, to be fined one shilling and imprisoned twelve months .
Tried by the London Jury before Mr. Baron THOMPSON .
207. CALEB APPLETON was indicted for feloniously assaulting Elizabeth Stout , on the king's highway, on the 12th of January , and putting her in fear, and taking from her, a muff, value 5 s. the property of Elizabeth Lewis , spinster.
I was robbed last Tuesday night about nine in St. James's-street ; there were three men, they all three run and snatched the muff; I do not know their persons; the lady had the muff.
About half past nine that lady and me were standing together; I gave that lady my muff, three men came up, and the prisoner took it out of her hand in my presence; the muff was mine; I am sure the prisoner is one of the three; the muff is in Court; the prisoner ran away with the muff up Bury-street; I ran after him and called stop thief! a gentleman directed me up a court; the watchman took him in Painters-court, Bury-street; I was present; I do not know whether he had the muff in his hand, or it lay down by him; it was found near him.
Did you see the muff taken up? - No, I did not.
Mr. Garrow, Prisoner's Counsel. You never saw the man before? - No.
What are you? - A single woman.
About half after nine on Tuesday night, I heard the cry of stop thief, and I said, let us look behind this door, which was shut then, but which always stood open; it pushed to me again; I pushed it again, and the prisoner was behind the door, and this muff, and another black silk muff.
PRISONER's DEFENCE.
I leave it to my counsel.
The prisoner called six witnesses who gave him a very good character.
GUILTY ,
Of stealing, but not of the robbery.
Whipped , and imprisoned six months .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
208. HENRY STEPHENS was indicted for stealing, on the 12th of January , two hundred and sixty-six yards of printed callico, value 30 l. the property of Thomas Zenoble .
I am a wholesale linen-draper in Milk-street ; on Tuesday last, about five in the afternoon, I was writing letters in my compting-house, which is between the fore and back warehouse: James Richardson was in the front warehouse; he was unpacking a case; I ordered him to take two of the parcels contained in that chest, to a house in Aldermanbury; I called him as he opened the hatch to go out, to look to see what proportion I should charge for freight and carriage of these goods; on returning to me, he did not shut the hatch; and in that moment, I lost some prints: we immediately pursued, I one way, and he the other: and we were informed the prisoner was gone into Wood-street; and looking down Wood-street, I saw the prisoner was by himself: I called no assistance; but just at the corner of Lad-lane, I laid hold of him and the prints, and asked him where he was going with them? he said, to the Cross-keys; I said that was the wrong way for that; and he put them down upon the post; and a young man came by I knew; I desired him to take care of the prints, while I secured the prisoner, and took him to the Wood-street Compter: then I sent for an officer, and charged him: Dixon, the constable, took charge of him and the prints; there were seven whole pieces, and five half pieces of printed callico.
Mr. Knapp, Prisoner's Counsel. When had you seen the prints before? - I had not seen the prints for some time before; the hatch was left open: and going through Clement's-court to Wood-street, I saw the prisoner, and he told me some person had employed him to carry them to the Cross-keys, Wood-street.
Prisoner. Did not I ask the prosecutor to stop the man that gave them to me? - No, he did not.
- RICHARDSON sworn.
I live with Mr. Zenoble: about five or six o'clock, I was going out of the hatch; it was just candle-light: my master called me in, and in less than a minute, I missed the prints; they were on the counter when I opened the hatch: I called Mr. Zenoble, and told him the lot of prints was gone; I saw a young woman who told me she saw the man go through the court with the prints on his shoulder.
I am a constable; on Tuesday last, I was sent for to the Counter; I took charge of the prints, and have had them in my custody ever since.
(Produced and deposed to by Mr. Zenoble.)
Three of them I can swear to by the patterns.
Court to Richardson. Did you pile these goods in the morning? - I did.
Mr. Knapp. It is a very common pattern? - It is not so common; I had only two pieces more.
PRISONER's DEFENCE.
I was going to work, and met a man who asked me to carry them to the Castle in Wood-street; and he pitched them on a post, and the prosecutor came and took me, and would not hear what I had to say; I shewed him the man that gave them to me to carry to the Cross-keys in Wood-street.
The prisoner called six witnesses who gave him a good character.
GUILTY , (Aged 19.)
Transported for seven years .
Tried by the London Jury before Mr. Baron THOMPSON .
209. CHRISTOPHER MOORE was indicted for stealing, on the 13th of January , eleven pounds of cheese, value 3 s. the property of Richard Broadbent .
I am servant to the prosecutor; on Wednesday last, between five and six, I saw the prisoner pass the shop; in a few minutes after, he came into the shop, and stole this half cheese; it stood in the shop, on some firkins of butter; I saw him take it; I never lost sight of him; I have no doubt but he is the man.
I am a carpenter; I saw him come out of the shop, and pursued him; he had nothing on him when I came up to him.
Court to Clarke. What became of the cheese? - As soon as I spoke to him, he threw down the cheese at the door.
(The cheese produced and deposed to.)
- ROBINSON sworn.
I am ward beadle; the prisoner was brought to the watch-house with the cheese, and I have had it in my possession ever since.
GUILTY .
Whipped .
Tried by the London Jury before Mr. RECORDER.
210. JOHN NOWLAND was indicted for stealing, on the 8th of January , one box, value 6 d. six dried biscuits, value 6 d. and half a pound of dried sweet-meats, value 2 s. the property of John Rowed .
I am a confectioner in Great Russell-street, Covent-garden; I lost the box on Friday; I sent it by my boy to the Green-dragon in Bishopsgate-street; I did not see him come back till four o'clock in the afternoon.
On Friday, my father sent me out with a box of biscuits and sweet-meats: I was going with them to Bishopsgate-street; I met with the prisoner at the Bank; I asked him which was the way to the Green-dragon? he said he was going that way; he took me down a yard, and said, this is the Bull-inn; and he said, turn on your right hand, and that will take you through to the Green-dragon; he said there would be a porter come up the yard, and take the box, and two-pence for booking; then the prisoner took the box from me; then he walked down the yard; then he began to run, and I ran after him; I never lost sight of him; he dropped the box; I did not stop him; I do not know who stopped him; a man stopped him, and gave him to the constable, and he was taken to the Compter; I picked up the box, and went to the Compter after them, and gave the box to Jones, the constable. When the prisoner spoke to me, he had a great coat on; and when he took it from me, he was in another dress, and I did not know him again directly; I was afraid of my father, if I did not recover the box.
- JONES sworn.
I am a constable; on Friday, the 8th, I was called to by the boy, who said he met a man as he was going to the Green-dragon-yard, who took him down another yard, and said this is the Bull; on this charge I took him into custody; I have
had the box in my custody; I have never opened it, nor do I know what was in it.(The box produced and deposed to.)
- HAND sworn.
I keep a warehouse in Wormwood-street; I saw a young man and this boy coming out of Bishopsgate-street; I cannot swear it was the prisoner; I saw some halfpence pass; I cannot say who gave them; but as soon as the halfpence were pocketed, the boy delivered the box to the man; I said to the boy, my little boy, what have you been doing with the man; I am afraid he has swindled you out of the box? says he, he is going to the Green-dragon; says I, he is not going that way, call out stop thief! and the boy and me both called; but the prisoner was not taken in my presence: I think the man had not a great coat on, but I am not positive.
Prisoner. I leave it to my counsel.
The prisoner called two witnesses to his character.
GUILTY . (Aged 19.)
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
211. EDWARD STEEL was indicted for stealing, on the 1st day of January , one hempen rope, called a headfast, value 5 s. the property of William Yarnold .
I am a coal-merchant ; I lost a headfast on the 1st of January; I was informed of it from the men, and that one prisoner was in custody.
I am a bargeman belonging to Fulham; I was going on board a barge the 1st of January, between twelve and one; I saw a man untying a rope; I called out, and he fell down: I went; he seemed to be asleep; I gave him a kick; he said he came to sleep; he was a stranger; the prisoner was the man that was untying the rope; I called the watchman, and we took the prisoner: another man got off.
I am a watchman; I saw a man making across the barge, and get into a boat; and another could not get in time enough; I searched him; I know there was a head-fast in the barge which the prisoner jumped out of; I saw him in the punt (produced); I saw no axe nor knife; he said he wanted to sleep there.
PRISONER's DEFENCE.
Before the constable, he charged me for coming to steal coals; I had no knife.
Demprey. I did not charge him with stealing the headfast at first: I did not see him cut it.
NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
212. JOHN DIBBLE was indicted for stealing, on the 13th of January , a pair of men's leather shoes, value 3 s. the property of Archibald Read .
ARCHIBAD READ sworn.
I am a shoe-maker , No. 10, King-street, Seven Dials; I lost a pair of men's leather shoes from No. 16, High-street, St. Giles's ; I have a shop there; I did not see the prisoner take them.
I am shopman to the prosecutor, No. 16, High-street, St. Giles's: the prisoner came into the shop last Wednesday morning to buy a pair of shoes; I reached him several pair; he tried them on; none seemed to please; I suspected him; I looked at his pocket, and saw a bulk, and felt a pair of shoes: I said, young man, you have a pair of shoes of mine in your pocket? he said he had no shoes in his pocket; I said he had; he wanted to get away; I struggled with him, and took him to next door; I held him fast, and took him into
the next door, which was a breeches-maker's; and Mr. Cox came over and took a pair of shoes out of his pocket: the prisoner said he bought them at a shoemaker's shop in Holborn; I took him to the justice's, and going along, he said, sooner than go to the justice's, he would pay me for them; and when at the justice's, he said he bought them at a public-house door in Holborn, and gave three shillings for them: he was committed: I did not examine the shop, to see whether any was missing; but I knew the shoes well to be my master's.