NUMBER I. PART I.
BEFORE the Right Honourable PAUL LE MESURIER , Esq. Lord MAYOR of the City of London: SIR JAMES EYRE , Lord Chief Justice of His Majesty's Court of Common Pleas: SIR RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer: SIR WILLIAM ASHURST , Knt. one of the Justices of His Majesty's Court of King's Bench: SIR JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City: JOHN SILVESTER , Esq. Common Serjeant at Law 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 London Jury.
Second London Jury.
First Middlesex Jury.
Second Middlesex Jury.
BENJAMIN HARDING was indicted for stealing, on the 1st of January , two mens linen shirts, value 2s. a smock frock, value 6d. a pair of cotton stockings, value 6d. and a pair of worsted stockings, value 6d. the goods of Robert Tee .
Q. Was you in their company? - I was not; I know nothing only what the prisoner at the bar said; he left the bundle that night at another woman's house.
Q. How do you know this? - The woman told me so.
Q. What do you know of your own knowledge? - He brought the bundle to me about five o'clock into my stable.
Q. When? - I cannot say the day of the month, nor month.
Q. Did you examine the contents of this bundle? - No, I never opened it at all, he laid it down and said, here is a bundle of clothes for you to carry home for your wife to wash and mend, I took it home to my wife.
Q. Then he gave the bundle to you for the purpose of your wife's washing it? - Yes, he did.
Q. Was you present when it was opened? - No, it laid all day Monday and Tuesday; that is all I know.
I am the wife of the last witness.
Q. What have you got there? - I have got a child.
Q. Have you got the bundle? - No.
Q. Any of the particulars mentioned in the indictment? - No, the bundle came to me to wash and mend, my husband delivered it to me.
Q. Did you open it? - My little girl opened it, there were two shirts in it and a smock frock, two pair of stockings, and a pair of cotton stockings; I did nothing with them, I had not time before they were taken away from me by the constable; the owner had them again.
Q. What is become of the prosecutor? - He is gone away
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Baron PERRYN.
2. JOHN CORNISH was indicted for that he, on the 23d of November , a mare, of the price of 5l. the goods and chattels of Thomas Wells , in a garden ground belonging to the same, unlawfully, wilfully, feloniously, and maliciously, did maim and wound, to the great hurt and damage of the said Thomas Wells .
A WITNESS sworn.
I do not work for the prosecutor, I was going up a Lane, at the Heath; I heard the noise of a horse and cart shooting a load of dung, I looked over into the ground and I saw the prisoner he was driving the cart with this mare in it, I saw him have hold of the horses halter in one hand, and the butt end of the whip in other, and punching her about the head, and about the third or fourth blow the horse's tongue flew out of its mouth, the horse fell back then with the violence of the blow, with her two bind legs under her.
Q. Did you observe any thing about her mouth at that time? - No, but his hand came away all over bloody from the horse's head, he stooped down then and picked up the tongue, and wiped it, and then turned his back towards us.
Q. Did you go up and say any thing to him? - No. He stood some short time with his back towards us, and then he took up the tongue and looked at it, and carelessly threw it down among the brockery and gooseberry bushes again.
Q. Then you made no observation about the mouth? - No.
SARAH - sworn.
This man and I were going through the Lane, we heard the noise of a horse and cart shooting dung, we looked over and saw this man, he had the halter in one hand, and the butt end of the whip in the other, punching the horse's head and mouth, the third or fourth blow the horse's tongue flew out of her mouth several yards, and the horse dropped down with her two bind legs under her with the violence of the blow; his hand came from her mouth all over blood, the hand that was holding of the whip.
Q. Did you say any thing to him? - Not a word.
Q. Had you known the prisoner before? - Yes, I had worked with him.
Q. Did you observe any thing further? - He picked up some long dung and stuff, and whiped his hand; he then turned his back to us and did something with a silk handkerchief, and then picked up the tongue and looked at it, and threw it down among some brockery and gooseberry bushes.
Prisoner. I was drawing a load of dung over two more loads of dung, the horse had almost winded itself, and fell back, and for fear she should lose her wind, I went and catched hold of her reins, and gave her a slap on the nose to keep her wind.
Jury to the last Witness. Which way did the tongue fall, towards the man or from the man? - From the man.
Q. Did you observe the whip going
Q. You did not see the hand in the mouth of the mare? - No, only the whip in his hand.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Baron PERRYN.
3. MARY PAGE and ELIZABETH BREWER were indicted for stealing, on the 22d of November , a linen purse, value 1d. two guineas in gold, and five shillings in silver, the goods and Monies of Jeremiah Webster , privately from his person .
(The witnesses examined separate by the prisoner Page's desire.)
I know both of the women at the bar. I was robbed the 22d of November, between three and four o'clock in the afternoon; I was robbed of two guineas in gold, and I cannot justly tell what silver, there might be seven shillings in the whole, I cannot justly say, it was all in a purse in my pocket.
Q. Who are the persons that robbed you? - Them two were the persons, I am sure of it.
Q. Did you know their faces before? - No, not before that time. I went in a public house along with them, the Coach and Horses, the top of Islington ; I was rather in liquor, they asked me if I would give them something to drink; I told them I did not mind giving them a pot of beer, and I pulled my purse out to pay for it, it was a pot of ale, I gave a half crown to a girl to bring me the change, she brought me two shillings, I thought they were not good, and I sent them back again, and she brought me others, and one of the women said, we have given the landlady of the house a good deal of trouble for nothing; she called for a quartern of gin, the gin was brought, and we drank the gin, and then we had a pot more of ale, that girl that sat next to me I had felt her hand about the waistband of my breeches two or three times, then we drank this pot of ale; in a little time they said we will go, and they set off out of the parlour we were in, that gave me a suspicion; and I felt in my pocket, and my purse and money was gone; I followed them out, and catched them at the back door, just by the cellar head; I told them they had got my purse and money: they said they had not: and Brewer began crying, and the landlord presently went out and brought in a constable, and we went before the magistrate, there was one guinea found on Page, and half a crown, and as much silver as made up five shillings and six-pence; there was nothing found on Brewer.
Q. Are you sure that you did not drop it on the ground yourself? - Yes, I am very sure of that.
Prisoner Brewer. It was my own market money taken out of my pocket apron.
I am the landlady of the public house; last Friday week Page and Brewer came in with the farmer at three o'clock in the afternoon, I was sitting in the tap room, and they asked which was the tap room; I said that which I sat in; Page said they wanted a private room to settle a little business in, our servant shewed them into the parlour, Page said that she was going to settle with the farmer for two bushels of Apples.
Q. Which woman said that? - That good woman Page, Brewer went into the room with the farmer, they called for a
Prisoner Page. Ask her whether she was in the parlour to see any thing of it.
Court. She never said she was in the parlour.
I went down the cellar to draw a pint of beer, and I found the purse at the bottom of the cellar stairs, I gave it to my wife, and she gave it to the constable.
A CONSTABLE sworn.
I had the charge of the two prisoners. I had also a purse delivered to me by the mistress of the house; I searched the two prisoners, and I found on the prisoner Page one guinea, five shillings, and seven-pence halfpenny, and two farthings; this is the purse that I had of Mrs. Burkin.
Mrs. Burkin. I had it of my husband.
Mr. Burkin. I found that purse at the bottom of the cellar stairs.
Prosecutor. It is the very same purse that I had in my pocket at the time I
Prisoner Page. I never sat near that man at all; he met me as I was going up Islington, and he said are not you a market woman yes, says I, I am; says he, I have got some fruit to sell you, and I can sell it cheap; says I, I will buy it; says he, if you will go to a public house I will tell you where you can go and see it; so we went to this gentlewoman's public house and had a pot of ale, and I went and asked for a pen and ink, and he gave half a crown to pay for the liquor; the landlady sent in two shillings, he refused the two shillings, and she changed them, and we had a quartern of gin; and after that we had another pot of ale, and he made rather a dispute about paying for the pot of ale, and so I told him never to mind, I would pay for it; it was my own money that was taken from me.
Prisoner Brewer. I was going along home with this young woman, and we met this farmer, and he said he had got some fruit to sell, and we went into this public house, and he treated us with a pot of ale and some gin, and after that the countryman said that he lost his purse, I had not a farthing in the world about me.
Court to Webster. Had you any dealings with these women about any apples, or any thing of that sort? - No, I never had any apples to sell.
The prisoner Brewer called one witness who gave her a good character.
Of the robbery but not privately from his person .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
4. WILLIAM COOKE alias GEORGE BAILEY was indicted for stealing, on the 23d of October , a wooden box called a till, value 1s. 6d. an half guinea, sixteen shillings, and two hundred and forty halfpence, the goods and monies of John Fuller , privately in his shop .
I live in Orange-street, Bloomsbury . I am a cheesemonger and porkman . On Wednesday the 23d of October last, between six and seven in the evening, I went out of the shop, my wife and two daughters were sitting in the parlour to work, I went down to wash my hands; while I was washing my hands, I heard somebody in the shop, when I came up stairs one of my daughters were running out of the shop, and my wife said to me, Mr. Fuller, you are robbed; my daughter she came back presently and said, father, you are robbed; I looked round and said I don't know that I have lost any thing, she put her hand over the counter, which was a very narrow one, and she felt the till was gone; I never saw the man till I saw him at the watch-house.
Q. Do you know what was the contents of the till? - Yes, there was a half guinea in gold, and ten shillings and six-pence in silver, in a little screw box in the till, which I had put there for the sake of change, if I should happen to be out of the way, and five or six shillings more, I cannot positively say; and a large quantity of halfpence and farthings.
Q. Did you pursue this man? - I pursued him into the middle of Eagle-street, when Mr. Goundry, my next door neighbour, overtook me, and said, Mr. Fuller, I can run faster than you, I will pursue him, says I, so do, he ran down Red Lion-street, but I knew nothing further till I was sent for to the
Q. Did the prisoner at this time appear sober? - As far as I know.
Q. Was that pistol in the pocket of the prisoner? - You will hear of that from the witness.
Q. Was your till in the watch-house with the prisoner? - Yes, it was.
Q. Had it been examined previous to the time you came there? - I believe not before they searched him I desired they would hear what I had to say; I told them there was half a guinea, which I had taken but a little while ago, it was a crooked one, and white about the edge like a shilling, and that half guinea I could swear to, this half guinea was found on him, it had been taken out of the screw box, there was only ten shillings and six-pence and half a guinea in the screw box, the other money, five or six shillings was in the till taken since I put the half guinea in.
Mr. Knowlys. Have you any partner in your business? - None at all.
Q. At the time this till was taken from the shop there was nobody in the shop? - No, there was not.
Q. Was the till locked? - No, I don't know that it was.
Q. Perhaps you don't know that it was not? - I don't know, I was the last person, but whether I had turned the key or not I cannot tell.
Q. Had you the key? - No, it was found on the prisoner.
Court. Did any thing further pass at the watch-house? - I told them about this half guinea that I knew, and the sixteen shillings or thereabouts, and the first thing that this person took out of this prisoner's coatpocket was some halfpence, farthings, a glass, and the key of the till, which I took; the glass was what I had used for some years to try my silver upon; from his breeches pocket they took a guinea and two shillings; he said, don't mix that with the other for that is my own; he claimed that as his property before the magistrate.
Q. Where was the half guinea found? - The first there were some halfpence, farthings, the key and glass found; and then afterwards the half guinea, the sixteen shillings and some more halfpence the half guinea was what I described.
I am the night beadle belonging to St. Andrew's; I have got the half guinea which I took out of the prisoner's pocket, and have kept it ever since, I lapped it up in a piece of paper.
Q. Previous to the time that the half guinea was found, had the Prosecutor given you any description of the money that was lost? - Yes.
Q. Did the half guinea correspond, when produced, to that description that he had given? - Yes, it did; he said it was a crooked half guinea, rubbed round the edges with something of a white kind.
Fuller. I can swear to the half guinea, it is the same.
Court to Spriggs. Was you the person that pursued the prisoner? - No, I was sent for from where I was, at the workhouse; when I came to the watch-house I immediately searched him, and found on him sixteen shillings in silver, the half guinea and a few halfpence, and two or three
Q. Was there any thing else found on him? - Yes, there was a quantity of pick lock keys, ten of them; a bottle of phosphorus, several matches, a glass that they try the silver coin on, and the key of the till, that locked, and unlocked it. This till was brought into the watch-house, and given me by another person.
Fuller. This is the till that was carried away.
Spriggs. A small piece of wax candle was also found in his pocket; I found also a guinea, and two shillings in his breeches pocket, and he said that was his, as distinct from the other money; there was a pistol likewise given me, which was taken out of his hand; I did not take it out of his hand.
Mr. Knowlys. Is this a good half guinea or base metal? - It is good.
Q. Are you the person that lives next to the prosecutor? - Yes, I went after him by the information of his daughter; in the course of the pursuit I ran past Mr. Fuller, into Red Lion-square, in a dark place in the middle I see three men standing, I thought they were likely to be the men, I went up to them, one of them said upon my coming up, D-n your eyes, what do you want? another said, D-n him, shoot him. The prisoner was one of them; he took a pistol out of his pocket and pointed it at me; I walked off in consequence of that being disarmed, for about ten distances and stopped; when they see me stop, they began to walk out of Red Lion-square into Eagle-street, I then followed, seeing a man come up in Eagle-street I cried for assistance; I see the prisoner was before me, as he walked he had the till under his coat, and kept putting the money out of it into his pocket; when I cried out for assistance, he chucked the till down; the other man, who was at hand, was a bricklayer, he ran across and struck him over the head with a piece of timber, which he had in his hand, I ran up immediately and one of them said, d-n your eyes; and one snapped a pistol, I cannot say positively, but I think so; I ran and caught him by the breast; the bricklayer struck him at the same time, and knocked him down, and we took him to the watch-house; he threw the till away when I first cried out for assistance.
Q. Who took up the till? - I cannot say, the till was brought to the watch-house after we were there, by whom I cannot say; the pistol was taken out of his hand.
I was present at the time the prisoner at the bar was apprehended; I apprehended him myself; I was standing at the corner of the street, between six and seven in the evening, there was a cry of stop thief! when I heard the cry of stop thief, I thought it was men that were in liquor, I see three or four men running down Eagle-street, still hearing the cry of stop thief; as they came to me I made a blow at one of them; with that one of them said, fire; he fell with my blow with his breast on the post; the other two made off.
Q. Had you struck the prisoner at the time? - Yes, I had, he fell on the post, he recovered himself again and ran along, and kept the pistol turning to me, and I repeated my blow, in about four or five feet, and knocked him down, and Mr. Goundry came up, and I wrenched the pistol out of his hand, he said don't take my pistol; I carried him to the
Q. Are you sure that the prisoner at the bar is the same person whom you knocked down and carried to the watch-house? - The very same.
Q. Did the prisoner say any thing in your hearing when you got to the watch-house? - The gentlemen said unscrew the pistol, and see if it has any thing in it, the prisoner made answer and said it is loaded.
On the 23d of October, between six and seven I heard the cry of stop thief as I was sweeping the shop, I ran out of doors, and I saw George Creswell and Mr. Goundry had got the prisoner in their possession, and were going to wrench the pistol out of his hand; I was behind them at this time, and I see the prisoner put his hand in his pocket, and put down this dark lanthorn.
Q. Did you find the till? - I did not, I took the lanthorn to the watch-house, and I have had it in my possession ever since.
Prisoner. When I was first taken to the watch-house, Mr. Fuller said that his daughter saw the man come into the shop in a white coat, and took away the till, ask him if he saw me near the shop.
Court. He never said he did.
Mr. Knowlys addressed the court that this case could not come within the act of parliament of privately stealing, because this shop was left unsecure, and consequently the utmost vigilance had been used by the persons who had the care of the goods, to prevent the fact being committed.
Court to Fuller. Pray has that parlour any communication with the shop, so as to see into it? - Yes, there is 2 glass door, and a glass window, there is nothing can pass without their seeing.
GUILTY, Of stealing but not privately .
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron PERRYN.
5. THOMAS JONES was indicted for feloniously breaking and entering the house of James Adman , about the hour of three in the afternoon, on the 18th of November , the said James Adman and others of the family then in the same house, and feloniously stealing therein a man's cloth coat, value 10s. a pair of leather breeches, value 4s. a a pair of velveteen breeches, value 10s. a pair of cotton breeches, value 5s. three mens linen shirts, value 12s. two muslin neckcloths, value 2s. two linen pocket handkerchiefs, value 2s. two linen pocket handkerchiefs, value 2s. five guineas and two half guineas, nine spanish dollars, and a french crown, the goods, chattles, and monies of Philip Zafferoni .
AN INTERPRETER sworn.
Q. Do you know Adman's house? - Yes.
Q. Do you know any thing about that house that Adman lives in? - I found out the misfortune as soon as I came into the room, I found I was robbed, I lodge in his house, I found it out on Monday about half after ten at night, the 18th of November, I lost five guineas, two half guineas, a coat, three pair of
I keep the house for my brother, it is the coach and horses in Leather-lane, the corner of Hatton-wall , his name is James Adman ; when the alarm was made the young man said he had been up stairs and found he had been robbed of all his things, it might be about half after eleven, I immediately went and looked into the room where there were some single men, and where Mr. Jones was a lodger, Mr. Jones lodged in the house, and I found Mr. Jones was not at home, and not being at home I immediately went and looked to see if he had any things, he was not at home all night; I looked into the room and see nothing there except an old night cap not worth naming, and having seen Jones go out that afternoon with a bundle, I immediately mentioned it, it was about one o'clock, as near as I can say.
Q. Who were at home at that time? - The servants of the house were at home, and I was at home, I believe my brother was out to the best of my knowledge.
Prisoner. In the first place I lodged with Mr. Adman up three pair of stairs where there are three beds.
I am one of the constables belonging to the police office, Hatton-garden. On the 19th of November, Tuesday, I received information of this robbery; the person who told me said he would go and point out the person to me that had committed the robbery? I went with him to a public house in Salisbury-court, Fleet street; I took the prisoner, and brought him to the office; in searching of him I took from his person five guineas in gold, two half guineas, two half crown pieces, one shilling and some halfpence, a gold ring, a silk handkerchief and a neckcloth; the handkerchief, ring, and silver, were returned to the prisoner; the neckcloth and gold I have kept in my possession ever since, and the prosecutor swore to the neckcloth and one guinea, being particular bright to the rest, being a new one.
Q. Did you find any foreign coin on him? - None at all.
Prosecutor. I can swear to the neck-cloth being my property, I had left it on my bed on Sunday morning; one of the guineas I can take my oath to it, being a particular new one.
Jury to Prosecutor. Was the door of the room or box either of them locked? - I had the key of the room and the box in my pocket; the room was left locked.
Q. In what situation was the door when you came home? - I came up to put the key in my door, and then I found it open.
Q. Was there any appearance of its being broke open? - I did not see any particular marks of violence on the door.
Prisoner. Pray what particular mark is there on the neckcloth? I bought it in the country the time I did this on my neck.
Prosecutor. I know it by a particular mark, it is mended like, darned, and there is a mark of paint on it.
Prisoner. He said before the justice that he believed it was his own, but now I find he has learned a better story.
Q. Did you ever find any other of your property? - Never.
I saw this man go up stairs in the morning; I lodge in the second floor below Jones.
Q. In what floor did the prisoner lodge? - In a garret up three pair of stairs; I see him go up and down that day, and saw him go out with a bundle.
Prisoner. In the first place that is the gentleman that took me at the public house; ask him if he found any instrument about me; I am charged with breaking and entering.
Court. He did not say that he did.
Prisoner. Or any other property whatever but what is my own; that neck-cloth is my own, it is the fellow of this that I have on my neck; in the second place I lodge at this landlord's up three pair of stairs, it is a house for the lodging of strangers, sometimes there is a man comes there for one night or two nights; now some time ago there was a robbery committed there of a sheet and a pair of shoes, they might as well have laid that to me as this, this robbery was committed on Monday night, why is not the same man as liable to commit this robbery as me? I have been in the house three months, or something better; the landlord of the house would give me a good character if he was here.
Mrs. Parrott I have nothing to say but what he paid just, and honest, but how he got his bread I don't know. The lock of the door we have been obliged to have a smith to mend it, for it would neither lock nor unlock that room.
Prisoner. This lady says that she saw me coming down with a bundle, ever since I have been there I have perhaps been in and out for two or three times a day; that day I went, I went up to get a few things for a washer woman, the contents of this bundle were my own things, and were found at the washerwoman's when she was sent for, she knows the same; I have been out of the country but three months, I have nobody in this part of the world, and what little money was taken from me was the remainder of what I brought from the country; before the justice my prosecutor did not pretend to say any further, than that he believed it was his handkerchief; he might as well swear to this I have got on my neck, I dare say the gentlemen of the jury can find no particular mark upon it, if you look firm into this my lord, you will find me an injured man.
I went along with the constable in search of the prisoner, I shewed him where he was.
Q. Do you lodge in Admans's house? - No.
Q. How came you to know the prisoner at the bar was the person that committed the robbery? - Adman told me that he thought it was this man, because he was up and down stairs ever so many times, and so I knew where he was, and I shewed the officer.
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
6. JOHN BENTLEY was indicted for that he on the 3d of November , in the King's highway on Robert Aire , feloniously, did make an assault, and in a forcible and violent manner, feloniously unlawfully and maliciously, didRobert Aire , with a felonious intent to rob him .(The case was opened by Mr. Knowlys.)
I live in Great Portland-street. I keep a house there, and have done so for this twelve month. On Sunday the 3d of November I went from my own house at six o'clock into King-street, to spend the remaining part of the evening, with a Mrs. Robinson, and a gentleman of my acquaintance who was under my care for a complaint; I am a botanist ; I stayed there till eleven o'clock, when I came out I went with my friend to see him home as far as Knight's-bridge, on my return I came down Piccadilly into New Bond-street; the watch was going down twelve o'clock when I was in Bond-street, I went through Bond-street, crossed Oxford-road, and directed my way towards Portland-street where I live; crossing Oxford-road I saw two men arm in arm meeting of me, they accosted me in a fictitious name which I cannot recollect; I asked them what they wanted?
Court. What did they say to you? - I don't know by what name; they met me plump, they accosted me by some name which I have forgot; I asked them what they wanted? they made me no kind of reply, but immediately hustled me, one on one side and the other on the other; the prisoner Bently was one, he immediately struck me over the right cheek with his right hand, and the man that was along with him got hold of my coat behind with his left hand, and his right hand was about my right fob, and he pinched my thigh; he was feeling for my watch, then he did not succeed at my fob, and he got the same hand into my right hand waistcoat pocket; this was the other man, not Bently, the man who was in company with him; Bently then struck me again on the same cheek; in my own defence I knocked Bently down, the other man had still hold of my coat, and he d-d my eyes, that was the only thing that I heard said between them; Bently immediately rose up, and crossed Oxford-road; I called out watch, the other man had still hold of my coat behind, to keep me from pursuing him, he did not strike me, Bently struck me twice; when the other man could not succeed at my fob, he made an attempt at my right hand waistcoat pocket, in his endeavouring to turn out my pocket, my waistcoat flew open, my waistcoat pocket was in part turned out, not the whole; Bently on my calling watch immediately ran back again; I was so fatigued I had hardly power to make resistance; the other man he made off, and took a different road to what Bently went; on the alarm being given the watch turned his rattle.
Q. On which side of the way were the watchmen when you cried watch? - There were two or three rattles went, the watchmen were on the side of the way to which Bently had crossed over, and when I called he crossed over to the side where I was calling watch.
Q. The watchmen were on the different side to you? - Yes, on the watchman coming up he ran down Vere-street, and was taken by the watch.
Q. How long was it before you saw Bently again? - About five minutes, he was then taken by the watch.
Q. Are you sure that the man that was taken by the watch was the same man that had struck you and who ran away on your calling watch? - I am.
Q. When he was taken did he say any thing? - He said nothing to me, but he said he had never seen me, but I know his face perfecty well.
Mr. Knapp. You say then you know him by his face, person and clothes, that is the way you had an opportunity of knowing him? - Yes, I knew his face before.
Q. I take it for granted you never knew this man before? - I have seen him in the street before, but never knew who or what he was.
Q. You never had any acquaintance with him, nor never had him under your care? - No, never in my life.
Q. Pray, Mr. Aire, is the account you have given to my Lord and Jury exactly the same account as that you gave at the time the prisoner was taken up? - Yes.
Q. Then this is the same account? - Yes, it is the same account I gave at Bow-street.
Q. What do you think about the watch-house? - The watch-house the same.
Q. Did you take on yourself to swear the same at the watch-house? - It was an attempt of robbery, I could not make it any other; I could not suppose any thing else.
Q. You signed the charge? - Yes.
Q. And it was in the Charge, an Assault on your person, with an intent to commit a Robbery? - Yes, I believe so.
Jury. I think he mistakes the question.
Mr. Knapp. Was the Charge made by you for an intent to commit a Robbery?
Jury. Do you know what was entered in the book? - I gave a charge, with an intent to rob me.
Mr. Knapp. You signed this book? - I did.
Q. Was it read to you, or did you read it? - I did not read it, nor did I hear it read. Indeed I was in such a flurry, I cannot recollect positively if I gave charge for an assault with an intent to rob.
Q. When this alarm was given, you called out watch, Bently came back on the very same side where you had been assaulted? - He did.
Q. Was not these watchmen on both sides of the road? - He certainly crossed the road.
Q. You say they came up to you, calling you by a fictitious name. My Lord tried to get an answer, but he could not get a satisfactory one; now I will try my hand at it. Do you know what the name was? - I do not.
Q. You have never gone by any other name than the one that you come into court with? - I have no right to do it.
Q. Do you mean to swear, that you have never gone by any other name? - No.
Q. Did you never go by the name of Roberts? - No; I have by Robert, that is my name.
Q. That is perhaps when you lodged with Mrs. Williams in - Alley, St. James's-street? - It was so, and they also called me, Dr. Robert.
Q. It did not happen that you was called Robert, when you was called by this fictitious name? - It was not that name.
Q. What do you think of the name of Pinks, have you ever gone by that name? - No, I never have upon my oath.
Q. What name did you go by when you lived at Black-Heath? - Not by the name of Pinks, my name was never Pink in this world, I was acquainted with a gentleman that went by the name of Pink, but not myself.
Q. When you lived at Black heath, pray, what name did you go by? - The same as I do now.
Q. You never had the name of Airings there? - No, never; I am certain of it.
Q. Where did you live before? - At Pimlico.
Q. Did you go by the same name there? - Yes.
Q. What Business did you follow there? - I am a Botanist.
Q. That is the only business you have ever been in, in your life? What do you think of an astrologer? - I never was a professed astrologer in my life; out of a frolic I may have played the astrologer.
Q. O, out of a frolic you have played the astrologer? Perhaps you have played the surgeon too? - No, never in my life.
Q. You never had any patients come to you to be cured of the scurvy? - No, never in my life.
Q. Did you never know the prisoner at the bar before this time? - No, never in my life. I recollect seeing his person pass me.
Q. Pray, Sir, at this time of the night, were there any women walking? - I did not see one near, I will swear that on my oath.
Q. Then of course no woman could have hold of the arm of Bently? - No woman had hold of his arm, it was a man.
Q. Nor did any woman cry out watch? - I don't know.
Q. If you recollect one thing, you must recollect another; Did you hear any woman cry out watch? - I did not, I did not hear any watch called before I called myself.
Q. Did you hear any woman call out watch after you? - I did not hear any woman call, there were women come up after the prisoner was taken.
Q. Was you ever at Liverpool in your life? - Yes, I was.
Q. In what name? - In my own name, Aire.
Q. You never at Liverpool went by the name of Johnson? - Never.
Q. Johnson the fortune-teller? - Never.
Q. Was you ever at Oxford in your life? - No, never, only passing through it once, but never stopped there any time.
Q. Of course you was not imprisoned at Oxford, I take it for granted? - No, I was not.
Q. You never was taken up at Oxford, and treated as an imposter? - No, I was not.
What do you think of Beverley? - I have been at Beverley, but I never stayed there.
Q. You never was in a gaol at Beverley in your life at all? - Never.
Q. Of course you never broke out of gaol? - No, never.
The prisoner was taken up, I believe, in Oxford Road, was he not? - He was not taken up in the Road, he was taken up in a street leading to Cavendish-square.
Q. Was you present? - No, I lost sight of him.
Q. He had no stick in his hand? - But I felt the violence of his fist.
Q. I believe on the word of a neighbour, he was discharged on condition of his appearing the next morning? - I believe he was discharged.
Q. Now, Sir, another word with you. Did not he appear voluntary, and surrender himself to the magistrate the next morning? - He wished to make it up with me before I went to the magistrate.
Q. And then after he had wished to make it up, he chose to go and surrender himself up for this charge? - He was taken there by La Fontaine from the watch-house.
Q. He came back to the watch-house the next morning? - He did, and there was an officer.
Q. Do you know a man of the name of Bingley? - I do not.
Mr. Knowlys. He came and asked you, if you would make it up? - He did, and whispered to me, and asked me that question.
Court. You was met by two men, and they never said a word? - Only called a name, and hustled me.
Q. How do you mean, one took hold of one side, and the other on the other side.
Q. Was you alarmed at this? - I was certainly.
Q. You know it was past twelve o'clock at night, and nobody near you, then your fears were alarmed? - The other person's face I never saw, but I recollect this person.
Q. Then being alarmed your fear was a little encreased by the blow you received on your face? - I was alarmed certainly.
Q. What did Bently hit you with? - With his fist on the right cheek. Then the other man put his hand to my pocket.
Q. Had you any watch about you? - His hand was about my fob, but I had no watch nor money about me.
Q. Could not it he told on the outside what was in the waistcoat? - The hand was in, I'll swear it.
Q. You must have been recovered from your alarm then? - Yes, I had.
Q. Was you quite sober? - I was as sober as I am now.
Q. Was this man sober? - Bently was sober, and I did not perceive the other was in liquor. They never spoke, I heard no more than d-n his eyes.
Q. Then the man went across the way, and the other man laid hold of you? - Bently got up after I knocked him down.
Q. This did not take long about? - I suppose about two minutes.
Q. What clothes had he on? - a blue coat on; and I see when he had got into the watch-house, it appeared blue by the light of the lamp.
Q. What hat had he on? - He had a round hat.
Q. Did you see his face perfectly well? - Yes.
Q. With a round hat on, and yet you took so much notice, that you know him by his person, his appearance, and clothes? - I knew his face, and could swear to his features.
Q. His hat was never off? - It was not.
Q. His whispering to make it up was in the watch-house? - It was, and likewise going to Bow-street.
Q. Did any body hear it? - No, it was so very low. He was by the side of me in the coach.
Q. Who passed the word for him? - His brother-in-law came and bailed him after I left him in custody.
Q. You are sure you was never acquainted with this man at all before? - No.
Q. Was he searched in your presence? - Not while I was there.
I was watchman in Oxford-street. On Sunday the 3d of November, between the end of Old Cavendish-street and Vere-street, in Oxford-street; in a short time after I heard the rattles sprung, I made towards the alarm to go to the assistance of them, at the time that I got to the end of Vere-street, I saw the prisoner at the bar coming across Oxford-street, I kept within sight of him till such time as he got out of Vere-street, and I kept crying out watch, all the time; he was stopped near the end of Vere-street, I was running after him all the time; as soon as ever he was stopped I held the lanthorn up to his face to look at him, and as soon as I did that, he snatched at the lanthorn and
Q. How did Mr. Aire say that he came by that swelled cheek? - He said that he met these two men in Oxford-street, and one of them called him some name that he did not know, and the prisoner gave him the blow,
Mr. Knapp. I believe this young man was discharged on a neighbour's appearing for him to answer for him? - I don't know how he was discharged, he was not while I was in the watch-house.
Q. You told my learned friend just now, that the charge that he gave in at first was for an assault and striking him; I suppose you understood it to be a charge for an assault? - I don't know what it was.
Q. I ask you whether it was not at first for an assault in striking him and not an intention of robbing him? - I don't know no more than what he said.
Q. The prosecutor Aire said, that he supposed that the prisoner had an intention of robbing him; did not he say that? - He said so.
Q. Was you in the watch-house when the prisoner at the bar returned the next morning? - No, I was not.
Q. Did you see any woman in Oxford-street about this time? - I did not see either man or woman till I stopped this man; there was only one woman close by Oxford Chapel.
Q. Was that near to the place where you was called? - It was about half way from where I heard watch called and where the prisoner was taken.
Q. Was she a woman of the town? - I was in such a run I did not stay to k[Text unreadable in original.]e any notice.
Mr. Knowlys. Did this woman interfere about this business? - She told me that the man was near and directed me towards him.
Court. You saw the man run across the street? - I did, and never lost sight of him till he was stopped by the patrole.
Prisoner. I am totally innocent of the charge; I had sent to Lord Milbam's to subpoenea a person on this charge that was with me, but he cannot now appear; I had just parted with him in Oxford road, a woman then catched hold of my arm and wanted to keep fast hold of me, I at length run from her and she called out watch; I might push against the prosecutor, I cannot say, but when I heard the cry of stop thief, I immediately stopped and was taken to the watch-house, and when I was taken to the watch-house, Mr. Aire, as he called himself, never charged me with any felony in the least.
Count to Watchman. Did you search him? - I did not search, I see him searched.
Q. What was found on him? - I am not sure whether it was four or five guineas and a half guinea, and a watch.
Prisoner. It was five guineas and a shilling.
I am a glazier and painter; I live in Upper Bryanston-street, Portland-square; I am not acquainted with the prisoner, I had spent the evening at the Coach and Horses, Marlborough-street; coming home I saw the prisoner at the bar talking to a woman just about Cavendish-street, and the prisoner gave the woman a shove, I might be about twelve yards off, and immediately ran off from her, and this man, the prosecutor, was about a few yards from him and he ran against him, and the prosecutor immediately cried out stop thief, and this girl also; he had no more intention of robbing
Q. Was there any other man with him? - No other.
Q. Did the woman cry out stop thief as well as the prosecutor? - She did.
Q. Was it before or after the prosecutor cried out stop thief? - Immediately.
Q. He might hear the woman cry out stop thief? - He might.
Q. Was it immediately from the prosecutor's running away from the woman that the prosecutor cried out stop thief? - It was.
Q. Are you sure it was before or after the woman cried out stop thief? - The woman cried out stop thief first.
Q. Did you see Bently afterwards in the watch-house? - I did.
Q. Did he appear to be drunk or sober? - He was a little in liquor.
Q. Did you hear the prosecutor give his charge to the constable? - I did.
Q. What was it for? - It was for an assault and striking him.
Q. Did you hear any thing like a charge of an attempt to rob him? - It never was.
Q. Did you see the book afterwards? - I did, I told the prisoner to charge him or else I don't think Aire would have charged him at all for striking him.
Q. Who appeared for him at the watch-house? - His brother-in-law.
Q. What was his brother-in-law?
Brother-in-law. I am a master chimney sweeper.
Q. Did he come there and give his word for the appearance of the man the next morning? - He did.
Q. Did he come there the next morning? - I was not there.
Mr. Knowlys. You live now in Bryanston-street? - I do.
Q. Do you keep a house there? - I have a floor there, I am not a house-keeper.
Q. You came up just at the time that this transaction took place, you are quite sure the man had no intention to rob him? - I am almost certain of it, because he ran from the woman.
Q. You never knew the man before; never knew his character, yet, you take on yourself boldly to say, that he had no intention to rob Mr. Aire. Will you swear there was no man with him? - I have.
Q. This was a complaint of the woman's? - The woman cried out watch first, he pushed the woman.
Q. He committed an assault on the woman, and she cried out watch. Why Mr. Aire did not pretend that he had assaulted him at the time? - I don't know about that.
Q. O, yes, you do, on your oath did Mr. Aire pretend that he had assaulted him at the time? - The prisoner at the bar when he got from the woman he was running up the road, and he ran against this Aire.
Q. Aire did not pretend that the prisoner had assaulted him at the time, it was only the woman that called out? - The woman called out watch first, and then Bently ran off, and he might run up against this Aire.
Q. Then Bently was running away from the woman, and he might perhaps touch Aire, and that was the way it happened? - That was the way I saw it.
Q. At the time the prisoner came towards the prosecutor what was he doing, was he running or standing still? - He was running.
Q. Which way was he running? - Up towards Vere-street.
Q. I want to know whether he was running the same way? - They were meeting each other, running contrary ways, but when the prisoner ran by Mr. Aire the woman cried out stop thief.
Q. Then it is not true that he was running close after him? - He might and I not see them, the rattles were going.
Q. Then the watchmen might be running after this man and you not see them, did not you see any watchmen running after these men? - I did not, the watchmen were running higher up in the road, and I was walking up; I went to the watch-house immediately, to hear what was the matter, I was there before they brought the prisoner in.
Q. The moment you heard the alarm of watch you went to the watch-house, never minding where they were? - I did.
Q. And yet though you was walking quietly you got to the watch-house before these people that were running? - It was not above two hundred yards.
Q. Why did not you wait in the street to see what was become of the men? - I had no curiosity.
Q. Then how came you to go to the watch-house if you had no curiosity? - They were sure to bring them to the watch-house.
Q. How did you know they would bring him to this watch-house, they might have gone on to another watch-house? - They might, and then I should not have known.
Q. I take it for granted that you expostulated with the prosecutor. Why, sir, it was the woman that complained of him, you did not complain of him? - I never spoke to the woman.
Q. Did not you tell Aire when you got to the watch-house, it is very strange you should complain of this man? - It is a pity but what the woman had been there.
Q. How long did you see Bently? - I was walking up the road, going along, as I was coming it was a dark night, about thirteen or fourteen yards off I was, and I saw Bently give the woman a shove, and shoved her off,
Q. Did you see the woman and the prisoner standing still there together? - They were a distance, but he came away before I came up to him; it was as light as day almost.
Q. This woman was down? - Yes, but she was up before I came up to her.
Q. Was she dirty? - I don't know.
Jury. You say the prisoner and woman were not above ten yards. Were they standing together, talking together, or was the prisoner running by her? - They were talking together; he shoved her away.
Q. How long did you see them? - Not above a minute.
Q. Then he was running and run against the woman? - No, they were standing together, and he gave her a push and run away from her.
Court. What are you, a journeyman or a master? - I am in business for myself.
Q. Did you give in your name to the watchman? - The constable of the night knew me perfectly well, his name is Matthews.
Q. When did you see him before this? - In Clerkenwell Bridewell, last Sunday week.
Q. This man was no acquaintance of your's; how came you to see him? - His brother-in-law asked him to go with him.
Q. Pray did you know the prisoner's brother-in-law? - I don't know that ever I spoke to him before in my life.
Q. What was he charged with at that time? - With an assault.
Q. Did you know he was in gaol? - Yes; his brother-in-law told me to.
Q. You knew this was only an assault? - That was the charge in the watch-house.
Q. So then you went to the gaol with him? - No, I did not go to the gaol with him, I went to see him the last Sunday week.
Q. Was this the same day that you told his brother? - No, I met him two or three days before that.
Q. How many times have you met the brother-in-law on this occasion? - Twice.
Q. Did you ask the charge? - I heard the charge in the watch-house.
Q. Did you tell him to enquire after the woman, to see if she would make any charge against him? - No.
Mr. Knapp. I think you said that the charge that was given at the watch-house was for an assault and striking Mr. Aire; that charge was not altered till you found he was in custody for an attempt to rob him? - It was so.
Jury. Are you sure that when you first saw this woman, and the prisoner at the bar, that they were talking together? - Yes, they were.
Q. Now you got to them, then it was that this shove had taken place from the prisoner at the bar to the woman, and then it was that he went on? - It was.
I am a tallow chandler; I was constable of the night at the time that this young man was brought to the watch house; I remember the prisoner and prosecutor coming to the watch-house; I never saw neither of them before that night.
Q. Do you remember what was the charge the prosecutor gave of the prisoner at the bar at the watch-house? - When he was brought in first there were a great many watchmen came in, I told them all to be silent, then Mr. Aire said, this man has been striking me and putting his hand in my waistcoat pocket; I said, are you positive this is the very man, you are both strangers to me, because it is a very heavy charge; he said, no, it was another man in a lightish coloured coat; says I, where is this other man? he first of all was going to give a charge for robbing him, and then he said, this was not the man that attempted my pocket, but this man struck me in the face; says I, what charge am I to take of this man for striking and attempting to rob? - No, says he, for striking only.
Q. Then the charge, as you understood it, after all this conversation took place, was a charge of the prosecutor against this young man for an assault and striking him? - It was.
Q. Did the prisoner at the bar appear perfectly sober? - No, he did not, he was rather in liquor.
Q. I believe he was discharged from the watch-house on this charge that night? - Yes, there was a person I knew to be a house keeper, he gave me his word that he would appear the next morning; in short, there were two came.
Q. Did the prisoner at the bar come to the watch-house the next morning? - He did, he came voluntarily.
Q. What was the time that was fixed for his appearance at the watch-house the next morning? - Ten o'clock, he came before that.
Q. You knew his person? - I did, but I did not take Mr. Bingly's word.
Q. How long was it after the prisoner came in, was it Mr. Bingly came? - I believe they all partly came in together; I never saw Bingly till the prisoner and the watchman came in.
Q. If he had been making any inquiry before the watchman and the prisoner came, should you have seen him? - I must.
Q. At the time the prisoner came, Aire said, he had been attempted to be robbed by somebody? - He did.
Q. Was it in Bingly's hearing? - I cannot tell.
Q. He related it openly; might any body have heard it? - They might, that were there.
Q. He did not attempt to conceal that he suspected somebody had attempted to rob him? - He said, the person that had the hand in his pocket was not the prisoner at the bar.
Q. Therefore you wanted to know what charge he should make? - I told him to be very particular in making a charge, left he should be mistaken in the person.
Court. Where do you live Mr. Matthews? - No 105, Edgeware-road.
Q. How long have you known Mr. Bingly? - Four years ago he lived in Edgeware road.
Q. Are you sure that he was there that evening? - Yes, I am certain he was there that evening.
The prisoner called three witnesses, who gave him a good character.
I am the prisoner's brother-in-law; I am a master chimney sweeper; Mr. Aire said, the prisoner had a blue coat on; I will be on my oath, that evening he had on that coat that he has on now, a dark brown.
Court to Matthews. Do you recollect what coat he had on? - I believe the same he has on now; it was a very dark colour.
Not GUILTY .
Tried by the first Middlesex Jury before
Mr. COMMON SERJEANT.
7. GEORGE CRIPPS was indicted for stealing on the 10th of November , sixteen pounds weight of copper tacks, value 1l. 2s. fifteen pounds weight of other copper tacks, value 1l. the goods of William Thoytes , Thomas Lockwood and John Morris .
I am a coppersmith; the prisoner at the bar was servant to the house of Thoytes and Co. warehouse keepers and in the brush line ; he had the care of the warehouse, he lived there, there was some little offence or dispute, and he was turned away, he went away on Saturday, the 16th, and on Friday the 18th information was brought me of what he had done; I know nothing of my own knowledge; I appear here in behalf of Thoytes and Co. whose property it is.
I went to Mr. Thoytes and ordered thirty one pounds of copper tacks, this Cripps procured it for me; in the course of the day I had a bill delivered to me for the money, he first told me it was on his own account, and then afterwards he made out the bill in Thoytes and Co's. name; our clerk did not like to pay the bill, he then wrote out aGeorge Cripps . The whole is that I bought some tacks of him, and he sold them on his own account, and I had two different bills.
I sold the goods to Thoytes and Co. I believe they are the goods in question, and he used to sell for Thoytes and Co.
Not GUILTY .
Tried by the London Jury before
Mr. COMMON SERJEANT.
8. DAVID CASEY was indicted for stealing, on the 9th of November , two white cotton counterpanes, value 1l. forty-three ticken pillow cases, value 3l. thirteen linen quilt carpets, value 4l. the goods of Richard Miles , John Miles and Samuel Galindo ; in the dwelling house of the said Samuel Galindo .
I live in Bishopsgate-street ; I have a house there; the Saturday preceeding the time the prisoner was taken into custody, I had taken thirty-four cotton counterpanes from a shelf, because we had got some painters in the house, in order to give the painters an opportunity of painting there; on Monday morning I was putting them in and desired the prisoner to assist a little boy of mine to hand them up with him, and I found there were two of them short in number; that was on the 4th of November.
Q. Were these white cotton counterpanes? - They were.
Q. Was the prisoner a servant of your's? - Yes.
Q. Are you the sole proprietor of them? - No, I have two partners, Richard Miles and John Miles . I accordingly informed the master painter that some of his men had robbed me, but not finding any thing I desired Mr. Lawrence, who is our principal warehouseman, to be upon his guard, I desired him to inform me as soon as he had any suspicion. On Tuesday the 5th I missed seven of the quilts mentioned in the indictment, quilt carpets, covered for quilts. I informed Mr. Lawrence, and I marked every one of that bundle that these seven were taken out. From another bundle on Wednesday, the next day, the 6th, I lost two more, I then marked the other parcel, as I found he had shifted the parcel, on Thursday they were all safe; Friday the 8th I lost two more; on Saturday morning I lost another; on Saturday afternoon the prisoner stole another, and I detected him with it; I found one on him, in his breeches, about a quarter before two o'clock, I detected him at the Vine Inn, he was taken a hundred yards from our house, I called to him at the inn, and insisted on searching him; he would not let me; I took him to the warehouse, and began to search him, and I asked him what he had got in his breeches, seeing something; he said, you know what I have got there; and I said, you will be very sorry too, when I have got it out, and I took him home to my counting house, and he owned there that it was the only one that he ever took.
Q. Did you find any other part of your property in his possession? - Not any more than that.
Q. Then you charge him with the whole, from your having lost in the dif
Mr. Knapp. Do not suppose that, because it is necessary on the part of the defendant to ask you some questions, that I mean to give you any offence, for I assure you I do not. I take it for granted you was extremely anxious to find out the thief especially when you supposed it was in your own house; was not you led to make some promises to some person in your house to know who was the thief? - To my knowledge I never mentioned a word about it.
Q. Did you not hold out a threat to him or make a promise to him that if you get the property you would be merciful? - Not to him, nor to any man living.
Q. Did you make no promise to him at the Vine Inn? - Not any.
Q. Did not you tell him that you would prosecute him if he did not tell the truth? - I did not, I was very cautious; I was only here two sessions ago, and this man gave information against the very man that I then prosecuted, he said he knew the man.
Q. What is the size of one of these carpets? - They are made of different sizes, I believe this one is about five quarters wide.
Q. That would occupy a considerable space? - About half the size of that book when put up together, a common octavo, not more.
I am a constable; I was sent for; Mr. Galindo had searched him before, he gave charge of him, and gave me the carpet, and it has been in my custody ever since, this is it.
Galindo. This is the carpet that I lost; I put an S on it with a pencil, a saint mark that it might not be noticed.
Mr. Knapp. This seems to me to be more like a coverlid or counterpane? - It is not, it is nothing more than a piece of linen, printed on purpose to cover a quilt.
Q. You say the mark is the letter S. there is no other mark on it? - No other of my making.
Q. There is no shop mark at all? - None at all.
Q. Then the letter S is the only marks; will you swear that you yourself put that S on the linen, and that that letter S is your own writing? - I will take on myself to swear that it is, because it is my hand writing.
Q. How many might you have marked the letter S? - About five or six and thirty; I marked some on Monday afternoon the first parcel, I marked some on Wednesday, and I don't know whether I marked any after.
Q. You have a great many persons that assist you in your shop? - No more than one.
Q. Who is that one? - Mr. Lawrence; he is here present.
Q. Will you take upon yourself to say that from the time of your putting on the letter S. none of those were sold? - By our books I know there were none sold.
Court. Who is the proprietor and occupier of the house? - Nobody at all but myself alone.
Mr. Knapp. What is the value of this one piece? - About five or six shillings.
Of stealing to the value of 5s .(Aged 30.)
Transported for seven years .
Tried by the London Jury before Mr. Baron PERRYN.
JOHN LEVER was indicted for stealing, on the 23d of November , a mat, value 6d. three woollen blankets, 1l. the goods of Ruth Box , widow ; and four yards of Hempen cord, value 2d. the goods of George Varney .
I lost the mat and three woollen blankets last Saturday week, the value was about twenty shillings. I delivered the mat with the blankets inclosed, to my porter to carry.
Mr. Vaughan. Pray, my good woman, what house do you live at? - I live in the Catherine Wheel-yard, Bishopsgate-street.
Q. Then you gave this bundle to this porter; how do you know it was blankets? - My carrier told me they were blankets.
Q. Is your carrier here now? - No.
Q. Pray is this Catherine Wheel your own house? - I have a little house in the yard.
Q. How came they there? - They were sent there to be carried to Messrs. Pitt and Chessey; I am book-keeper, and I rent the little house; I am book-keeper to the carrier that delivered the goods to me.
Q. Are you answerable for these goods? - I am, they were delivered to my charge; the carrier told me they were blankets and there was a little place unsecured where I could see they were blankets.
Q. Whose servant are you? - I am a book-keeper to the carrier .
Q. Do you live with any body else as a servant? - I keep a little house of my own.
Q. Are you in the employment of the carrier or of the keeper of the inn? - Of the carrier, he lives at Huntingford.
I am porter ; I was employed by Mrs. Box; I work for her on Saturdays only, I was employed by her to take a mat and some baskets, I tied them up at my mistresses door.
Q. Do you know what that mat was? - Not till such times as Mr. Armstrong told me.
Q. What became of that mat? - I left it at the Magpie and Stump, in Bishopsgate-street; I left it there in the care of Mrs. Hoare, for the value of five minutes, while I went in and had part of a pint of beer.
Q. When you came out again did you find your mat? - No, I did not, it was gone. When I came to the door I looked for my bundle, and I said, where is it? she said one of Mr. Taylor's men had it; I heard of it again in less than five minutes with the man that took it.
Q. Of whom did you hear it? - Of Mrs. Hoare's servant; when I found my parcel was missing, I went to Mr. Taylor and told him of it, he is a master carman , the prisoner's master, I thought I should have got my property again by his speaking to the prisoner; I immediately made my complaint to Mr. Taylor; says he, you must go after him and get it if you can; says I, what am I to do if he will not give it me; says he, you must do as you will with him; then I immediately came out of the Magpie and Stump, and immediately followed as close as I could in pursuit to Mr. Taylor's yard, and I saw the prisoner, and I asked him for my bundle; he made me this reply; b-r your eyes I don't know whether it is your property or no; says I, if you do not give me my goods again I will fetch an officer; says he, b-r your bloody eyes where is your officer, and he would not deliver the property, and I went to the office in Hog-lane and fetched Mr. Harper and Armstrong into the yard, he was coming
Q. Did you fee the property with the man when you asked him for it? - I did not.
Mr. Vanghan. Now, Mr. Varney, you are porter to the Catherine wheel, are not you? - I am.
Q. You are entrusted to carry a great many goods from this place, you are a trusty and good servant, and never leave the goods out of your sight? - I never will any more.
Q. What time was it? - Ten minutes after four, last Saturday week.
Q. How far is the Magpie and Stump from the Catherine Wheel? - No great distance.
Q. But you could not go far without wetting your whistle, and so you stopped at the Magpie.
Q. When you went into the Magpie you left your bundle on the pavement? - No, it was under the window in the care of Mr. Hoare.
Q. Now, Mr. Varney, how long did you stay in this public house? - Ten minutes.
Q. On your oath did you stay no more than ten minutes? - It was not above a quarter of an hour.
Q. How much did you drink there? - Only one pint.
Q. Was any person in the public house; was Mr. Taylor the carrier in? - yes, and this prisoner was one; Mr. Taylor ordered him to go home.
Q. Don't you know that Mr. Taylor and his men are constantly there as carmen and ply there? - They are.
Q. Mr. Taylor told this man to go home? - He did.
Q. And he went out in order to go home? - He did.
Q. How was the bundle packed? - Tied tight in a little matted basket.
Q. Why, did not you take it into the house with you? - It would be troublesome.
Q. It would interrupt the pots of porter? - We had but one pint.
Q. You said, first of all to my lord that you was in but five minutes? - After I had been in five minutes, Mr. Taylor told the man to go home.
Q. When you came out of doors who did you see at the door? - Mrs. Hoare's servant.
Q. Mrs. Hoare then was not there when you came out of doors and found the bundle gone. You began to be very uneasy about the bundle? - My mistress would look to me to make it good.
Q. And the person told you who had it? - She did, the told me that he threw it into his cart and went towards Houndsditch.
Q. After that, you heard whose cart it was? - I did.
Q. Then you went in to Mr. Taylor, and told Mr. Taylor; Mr. Taylor said, you must go after him and get it to be sure? - But he would not deliver it when I went and asked him for it, he said, it was not mine.
Q. And then he and you had a very pleasant conversation, in which many oaths passed? - I made none on my part.
Q. You have been used to look at this place the Magpie very often? - No, not very often.
Q. Don't carts stop there frequently; have not you seen tarpaulins and mats about there? - I never saw any there in my life.
I am an officer of the Police Office, Shoreditch. On Saturday, the 23d of
Mr. Vaughan. Is it not customary for these people to have a great qaantity of mats and things in their carts, in order to cover the things that they put in their carts? - As the bundle appeared I should have thought it had been mats; he gave Mr. Harper nor me any trouble nor a miss word.
My mistress left the bundle in the care of me till the man came out for it; I did not know who it belonged to, the man came and took it; I thought it belonged to him; a tall man in a smock frock, the prisoner.
Mr. Vaughan. You was left in care of this bundle when this man took it away, did you oppose his taking it at all? - I saw him taking it but I thought it belonged to him; he comes to the Magpie every day in his business.
Q. Does he not take things perpetually into his cart, coming there as a carman? - No, I have never seen him.
Q. How long have you been there? - I have been there above a month.
Q. You knew whom he belonged to? - Yes, I knew he belonged to Mr. Taylor.
About a quarter after four George Varney came up and asked me to give an eye to his parcel, while he went into get a drop of porter; I told him I would, but I found he stayed, and I went home and left the parcel in the care of the girl, and and when I came back the girl said that the parcel was gone.
Mr. Vaughan. How long did you stay after this was put into your care? - I suppose I might be near a quarter of an hour.
Q. You are there pretty constant? - I have set there about a twelvemonth. They keep their mats and things about there, and take them away sometimes when they go home, and their carts are often left at the door in my care.
Q. Pray when they asked you who had taken the things did you tell them? - I did not know till they told me.
Mr. Vaughan to Wilson. How long did you stay after your master had left you, before this porter came to you, and asked you who had taken the bundle? - About a quarter of an hour.
I know no more of it than going with Armstrong to apprehend the prisoner.
Court to Ruth Box . Can you swear that to be the parcel you delivered to your porter? - This is the parcel I suppose by being a mat; I did not take particular notice; my carrier told me they were blankets, and there was a skewer undone, and I saw they were blankets.
Varney. I can swear to the twine that is about them, one end is all pitched, and an eye at the other end of it.
RICHARD CHARLTON sworn.
I live with Mr. Taylor, I have been his carrier about three quarters of a year; I carry goods from the Magpie, I ply there; in carrying goods my master finds the tarpaulins, but we very often bring mats back again when we have delivered the goods; in such cases we carry them home if it is late at night till we can deliver them to the owner.
Q. Are they not left from time to time at this magpie? - They are. I have known the prisoner five years, he bears a very good character.
The prisoner also called his master and another witness who gave a good character.
Not GUILTY .
Tried by the London Jury before Mr. Justice ASHURST.
10. JAMES TURNER and CATHARINE TURNER were indicted for stealing, on the 30th of October , a pair of cotton stockings, value 1s. a silk handkerchief, value 3s. two muslin caps, value 6d. a cotton shawl, value 2s. a pair of stuff shoes, value 2s. a pair of silver shoe buckles, value 15s. a silk cloak, value 20s. twenty guineas, and three crown pieces; the goods and monies of Penelope Reading , widow , in her dwelling house .
(The case opened by Mr. Knowlys.)
I am a widow woman, I live at Hanwell ; I keep a house there. The two prisoners at the bar lodged with me; they robbed me on the 23d of October, they came the Wednesday before; they came on the Wednesday, and went away on the Wednesday again, they were just a week there; I have a daughter lives with me; the day I lost my property I was out at work in the fields, my daughter was with me, I went out at eight o'clock.
Q. Do you know whether either of the prisoners were in the house when you went out? - The woman was in the house, but the man was not.
Q. Did they come to live with you as man and wife? - They did; they had lodged at the next door before they came to me, as man and wife.
Q. What time did you return that day? - I think as nigh as I can tell about half after five in the afternoon.
Q. Did your daughter return with you? - Yes.
Q. How was the house when you came back? - When I came back I could not get in; I have a little bit of garden before the door, and I looked about where some ashes had been thrown, and I found the key among the ashes.
Q. In whose possession was the key when you left the house? - The woman was in the house, the key and all.
Q. Who had the possession of that key? - She was in my place; we had only one fire place to make a fire in; I left her getting her husband's breakfast. When I got into the house there lay an old apron and an handkerchief, which put me in a dread, for fear they should be gone; I directly went to the cupboard to see if their victuals was gone, and there was a loaf of theirs, and I went up into my room up stairs, mine is an open stair case, there is no door on it; I missed an apron and handkerchief, and the drawer was all in confusion; then I came to my daughter, and I said, Agnes, do you know what I did with my apron? I got a light and I went up stairs again,
Q. How lately before this had you seen these things? - Tuesday night, the night before the robbery was committed. I had the things on Sunday; the clock, apron, shoes, and buckles, and went to church in them.
Q. How lately had you seen your money? - I don't know to say justly, it was not long, but to say particularly that I cannot to a day.
Q. Had you seen it within a week? - O, yes.
Q. The drawer wherein the money was kept, was that locked or unlocked? - Locked.
Q. Was the money laying loose in the drawer? - The gold was in paper, and the crown pieces were in the same, and wrapped up in a white linen cloth, and tied up together, the gold and silver were in separate papers, but inclosed in one piece of white linen; the rag and paper was left in the drawer, but the money was gone.
Q. When you came home did you see either of the prisoners? - No, they were gone.
Q. Had they given you any notice they were going? - No.
Q. Had they settled with you for the rent? - I never saw a farthing of their coin.
Q. Then I believe in consequence of this you gave the alarm to your neighbours, and they all came round? - I did, and one of my neighbours helped to search the drawers with me. I went afterwards to Mr. Glass's son, in our neighbourhood, and he sent in to Great Marlborough street.
Q. Who pursued them? - Bramsgrove and Scott.
Q. Did you see the prisoners again before they were taken into custody? - No, not till they were brought up.
Court. How soon afterwards did you see them? - They pursued them of the Thursday night, and they brought them up of the Tuesday following.
Mr. Knapp. You told my Lord just now that your next door neighbour recommended these people to your lodgings? - Yes, she did.
Q. How long had they lodged with her? - A fortnight; her husband died, and she, poor woman, lost a spoon.
Q. However you took them in consequence of her recommendation? - I did, or else I was very much against the navigators.
I am a shopkeeper at Hanwell; I was desired to pursue after these people. I set out after them on Thursday evening, the evening of the day after the robbery was committed; I went in the mail coach to Oxford with Matthew Scott, and then to Worcester, and at last found them Monmouth, at the Cross Keys public house; I overtook them at half past two on Monday morning before day-light; I found them in bed, they had come down from Hereford to Monmouth in a post-chaise and four; I told the man of the house at first I wanted a chaise, then after some little conversation I got to the room in which they lay; I knew them both, they used to use my shop; they owned to every thing they had done.
Q. Before they said any thing about it, did you tell them it would be better for them? - I asked them if they knew me? they said yes.
Q. I said to the woman, I suppose I
Court. Had you a light? - The servant maid followed us up with a light. The woman asked us to forgive them, and she would give up all the property she had, and make up the rest all that she could; it was the woman said this; the woman asked to forgive both. After the woman had said that I said that she must go back with us to Worcester, then they came down stairs, and two bundles were brought out that they had taken down with them, and when the bundles were opened, they were the identical property.
Q. Is the landlady here? - She is not. I saw the bundles, and I saw them before I saw the prisoners, the woman of the house shewed me the bundles.
Q. Where were the bundles? - In the little back parlour.
Q. Where did you see them, after you had seen the prisoners? - I went into the parlour to bring the bundles out, when I came down stairs, the bundles were in the same room and in the same chair as when I went up; the prisoners were taken into the room adjoining, where the bundles were; there I left the prisoners with Scott, and I and the woman went and brought the two bundles into the room where the prisoners were.
Q. Did the prisoners say any thing? - I don't remember they said a word till we opened the bundles. When we opened the bundles, and found the property, they begged to be forgiven, and said they were the woman's things.
Q. Did both of them, or only the woman? - Both of them.
Q. What were the words they made use of? - They asked us if they could make up the property to let them go; I said they must go back with us to Worcester; they both of them said that, at least ten times.
Q. Where did they say that, in the room above or below? - In the room above and below; after that, they owned to every fact; I found six guineas and a half in gold, two crown pieces, three half crowns, one was a bad one, in a little box that the woman had in her pocket. I did not find any of this on the man.
Q. What did you do with the bundles of things that you found? - The bundles of things I did up again, I took one, and Scott the other; we took them along with us home, and got the prisoners with us; they have been in my custody ever since.
Jury. I wish to know whether in the course of the conversation, they confessed how, and by whom the robbery was committed? - She owned she had done it, and she owned how she had done it.
Court. Was the man present when she made that confession? - He said he was innocent of the fact; the prisoners were indebted to me seven shillings and six-pence.
Mr. Knapp. I perceive you have taken a very meritorious part in this business, and I wish to ask you a few questions. I with to know whether on your first going up into the room where the man and his wife were together, whether you did not tell them that you had come for them, and they had better confess and tell all they knew about the business? - I never said any thing to them only if they knew me.
Q. Did not you tell them what you had come about, as it was natural for you to do, and it would be much better for them to tell the truth about the business? - I did not ask them to confess.
Q. Did you tell them it would be better for them? - I did not.
Q. Did you tell the woman it would be better for her if she would confess? - I did not tell her it would be better or worse.
Q. She said she was the person that committed the robbery, and the man pleaded innocent; the woman gave you every information about it? - She did.
Q. Have you any money? - No, the money we made away with in bringing us up. I told them they must walk, they said they would not walk.
Prosecutrix. This black silk cloak is mine, it is worth twenty shillings now, the cotton stockings are mine, they are marked P.R. No. 1. they are worth one shilling; here is a quilled mob cap, plain, and the other is a checked muslin, they are worth six-pence, I know one by the quilled lace, it was my mother's, and joined in the caul; I have no particular mark in the silk handkerchief, but I think, to the best of my knowledge, it is mine, here is a cotton shawl, it has a blot in the flowers, and I had it cheaper, it is worth two shillings, I gave about four shillings for it; here is a pair of stuff shoes, the very first time I put them on I burst out the callimanco, and I put a little bit of binding, the same as the shoes, they are worth one shillings; here is a pair of silver shoe buckles, they were in the shoes at the time I lost them; I have had them these two years, they are worth fifteen shillings; here is a muslin apron, I know it by two little tucks, reckon it at what you please.
Mr. Knapp. How long have you had these buckles? - Near two years.
Q. Have you worn them at all? - Not much, only now and then of a Sunday, when I went to church.
Prisoner James Turner . I went out to work at half past five that morning, and worked till twelve o'clock; when I came home, my wife told me that she had heard a relation was dead and left us some money, and she told me that she had borrowed the things of her landlady, with an intention for us to go and get this money, and she was to return them again.
Prisoner Catharine Turner. I borrowed those things of this woman till such times as I came back again, and I told her I would make her recompence for them.
Prosecutrix. I never lent her a thing she never asked me.
Prosecutrix. There is an old rag of an apron which they left, there they be, I have not opened any thing.
Of stealing to the value of 39s.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
11. THOMAS COLLYER and JOHN BOWYER were indicted for stealing, on the 17th of November , a jack plane, value 2s. a pannel plane, value 1s. 6d. two smoothing planes, value 2s. a pilaster, value 1s. an iron saw, value 1s. 6d. and an iron tenant saw, value 6d. the goods of Robert Watson .
Q. When had you seen him there before? - On Saturday evening.
Q. Have you ever recovered them? - Yes. I did not see the prisoners take them, they are quite strangers to me.
Q. What was the first intelligence you had of them after the Saturday? - On Sunday evening between eight and nine, the gentleman in the adjoining house came to my house and told me; I went
Q. How soon did you see them afterwards? - On Monday afternoon, in the constable's hands.
Q. All that you missed? - Not all of them.
Q. Did you know them again? - I knew one saw that was lost, that was all that was belonging to me; it is here.
I am an officer at the Police Office, Shoreditch. On the 17th of November, about eight o'clock, I was coming down Cherry-tree Alley into Golden lane, along with Harper, and I stopped the prisoner Collyer, Bowyer then being close by the side of him, Mr. Harper secured him; I took this hand saw from under Collyer's coat, which he said he found; I took him into custody, and he was taken to the Justice the next day, and the man knew it to be his, and I was bound over.
Mr. Peat. Has the saw been in your possession ever since? - Yes, it has been in the office, but it has got my name on it, and the day of the month I put it on that night.
Court. When you stopped this man, did you see the saw under his coat? - No.
Q. Did you see any thing about him? - It was through the bundle that Bowyer had, that I took hold of Collyer, seeing Harper lay hold of Bowyer.
I am a police officer. Armstrong and I were coming along, and we heard the two prisoners talking in the alley; seeing Bowyer with a bundle, I laid hold of him, and Armstrong of the other; he had this bundle under his left arm.
Q. Did you see any thing on the prisoner Bowyer? - Yes, I took these three planes from under his arm, they were tied up as they are now in this here apron; we took them into custody, and as it was Sunday, they had not their hearing till Monday, and then they were committed for trial; I have kept the planes ever since.
Mr. Peat. One of the prisoners is a carpenter, is he not? - I don't know that he is.
Q. Have these things been in your possession ever since? - Only they have been in the office, but they were in a place, where I believe no one else has been.
Q. It is impossible you can be sure that no other person had access to them; was the place looked? - It was not.
Q. Then any other person might have access to them? - It was a place that belonged to the office.
Court. How many people might go to that place? - The officer, the office keeper, and justice.
Q. That is three people.
Q. Did you put no mark on them at all? - I did not.
Q. Will you venture to swear that they are the same? - I could not, but I have not a doubt.
Q. Supposing Mr. Armstrong had carried another half dozen of planes, could you have distinguished them from these? - No, I could not, but I am sure it is the same apron, I tied it up myself.
Jury. When you took the prisoner with that bundle, what conversation ensued? - None, only taking them into custody.
Mr. Peat. You have already stated two or three persons had access to this place; now a great multitude of persons go in and out of the Public Office, you know that, as well as I. It is possible that any person being so disposed, and
Court to the Prosecutor. I see in the indictment there is a jack plane, have you it there? - No, nor the pannel plane; I lost all the property in the indictment, but this iron tenant saw, is the only thing that has been found; the pines now produced do not belong to me; this saw to the best of my knowledge, is the saw that I lost, I know the maker's name on the plate.
Both Not GUILTY .
12. THOMAS COLLYER and JOHN BOWYER were again indicted for stealing on the 17th of November , a jack plane, value 1s. a jack raising plane, value 1s. 6d. a plow plane, value 2s. a rabbit plane, value 6d. a sash pilaster, value 2s. and a wooden box rule, value 1s. the goods of Samuel Blackburn .
I am a journeyman carpenter . I lost these planes, &c. from a building where I was at work, in Paul-street ; I missed them on Monday the 18th; I left them there on Saturday the 16th of November, I missed them on Monday about seven o'clock in the morning; I see them since at the office in Worship-street, that was on the Wednesday following, in the hands of the officer, Samuel Harper .
Q. Did you know them? - Yes.
Mr. Peat. You say on Saturday you left work, had you seen the tools that you lost, wherever they may now be, on that day? - Yes, every tool of them; I had used all in the course of the day.
Q. Where did you leave them then? - In the building.
Q. Is it a new building, or a house repairing? - A new building.
Q. Had you seen them all immediately before you left the house? - I cannot say immediately.
Q. Had you within an hour? - Yes.
Q. Consider, and not speak hastily; how many persons work in the house where you are stationed? - Two of us.
Q. The door, I take it for granted, was not fastened? - I cannot say for all the day, we keep the door shut.
Q. But it is usual for persons to come in and out? - It is, but we are so strict, that we shut the door.
Q. Then for ought you know, a hun
Q. Is there any thing peculiar in them? - I know they are mine.
Q. I have not a doubt but you think so. Do you think if you had left these tools and gone into the country for a few days, or for a few hours, that you could have picked them out from amongst others? - Yes, I could; I have got a mark on them that I know them by.
Q. What sort of mark? - This plane I cut a piece out with the bench book.
I took these three planes of that lad Bowyer, on Saturday the 17th of November, about eight o'clock at night, in Cherry Tree-alley, it leads into Golden-lane.
Q. Do you believe them to be the same? - I do.
Mr. Peat. You said, I think, that they are in the same kind of cloth that you bound them up in, you did not make any particular observation of the kind of knot you made in the cloth? - I tied it a seaman's knot.
Q. In contradiction to what they call a grandmother's knot. You know that a great number of people can tie a seaman's knot as well as an old woman's knot; therefore you cannot take on yourself to say on your oath that that is the cloth from the knot you tied in it; it might for ought you know to the contrary, be untied and tied up again.
Prosecutor. I know the jack plane, I can swear to it, here is a mark on it, I run it against the bench hook, and took a piece from one side of it; the raising plane is mine, I am sure of it, here are some shavings underneath the fence, besides I have had it a number of years; I know the plow plane, I made the wedges to it, and the stop likewise.
Peat. Mr. Blackburn you are a journeyman? - I am.
Q. Consequently you are not connected with any body in business at all? - No.
Q. Are they not the most common of all sizes for planes of that sort? - Yes.
Q. And I suppose two or three thousand workmen may all have planes of that size; you have seen a great number yourself? - I have.
Q. It is very possible any other workman might have run his plane against the iron as you have described? - It is
Q. The one you know, because it has got a parcel of shavings underneath the fence; you might as well have said, that you knew it as well from the taste? - I know it also from the wedges.
Q. What are the wedges made of, that you know them so particularly? - Of Beech.
You did not cut it out of a particular tree, that there is a particular grain in it? - No, it is a common beech wedge.
Q. It is rather a singular way of knowing wedges of your own making, it is a common size wedge? - No, it is not; it is rather larger than common.
Prisoner Bowyer. I found them as I came from Hackney, along with this young man under a dead wall.
The prisoner Bowyer called three witnesses to his character.
Both not GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
James Radford . A cotton apron, value 1s. a child's muslin frock, value 2s. a child's linen shirt, value 1s. a child's linen shift, value 6d. a child's cotton shirt, value 1s. a pair of cotton stockings, value 1s. 6d. and a muslin cap border value 6d. the goods of Thomas West .
I am in lodgings now at Bromley; I lost the things from Old Ford , I lost them out of the Garden of my lodgings the 22d of November, I was at work when the alarm was made to me, when they were gone, between one and two, the prisoners were then in custody at the adjoining public house, it goes by the name of Clay-Hall. I came over directly, the things were laying in the same room with the prisoners on the table.
Q. What was done with these things? - They were took up to the Rotation. I have had the care of them ever since I carried them to the Rotation, and brought them here. I gave them to Robert Johnson or Hannah West , just coming in at the gate; I missed a muslin cap border, a child's linen shift, two child's cotton shirts, two child's muslin caps, two child's linen shirts, a cotton shawl, a cotton stocking, and seven yards of hempen cord. The other property is laid to be the property of Thomas West . These are my property. I have seen them wore before on the children, and I brought them, and paid for them. I don't know that there are any marks on them. There is a shirt and three frocks missing, besides these.
Q. How far was this publick house from your house? - About 150 yards, it is the next house to it.
I am an acquaintance in this family; Thomas West is my husband. I missed the things in the indictment from Old Ford. I believe it was the 22d of November, I missed them from the same yard, that the others were missed of Mr. Radford's. I went down the garden to fetch some of the things, and I saw the prisoner, John Williams , having some of the things in his hands, he took and flung them over the pales out of the garden, and I ran down to his assistance, the other prisoner stood close by the pales. John Williams was in the garden, and the other outside. I ran after Williams, and he over-ran me.
Q. Did any man pick the things up? - Not till the man had took them, he picked them up and brought them into my house with the prisoner.
Q. How did Williams get out of the garden? - He got over the pales; he left the property laying where he chucked it over the pales of the premises.
Q. Who picked them up? - Robert Johnson , he stopped Williams, and I stopped the other; and when I stopped him he had a white child's shirt in the crown of his hat, and he took his hat off, and slung it over the hedge; it was neither Mr. Radford's property, nor mine. It is not in the indictment, it is here.
Q. Was that shirt in the yard? - No, I don't know where that came from.
Q. Where were the prisoners carried to? - They were carried to Clay-Hall. I have had the care of the whole of the property. It was in Mr. Radford's house, we both lived together; it was locked up in Mr. Radford's custody. Here is a cotton apron, a child's muslin frock, a child's linen shirt, a child's linen shift, a child's cotton shirt, a pair of cotton stockings, and a muslin cap border, they are mine; I honestly worked and paid for them, I have mended them.
ROBERT JOHNSON sworn.
I am a day labouring man, I know both these boy s. On the 27th of November, when I was coming from dinner, coming out of my gate, I saw a lad in the field, neither of these, putting something in his bosom, and I thought that he had stolen it, I looked very hard at him, for three or four minutes; in the mean time, Mrs. West Hallooed out, stop thief, on which I pursued John Williams , and overtook him, in, I suppose, a dozen or two yards; Jacob Vandersteen was coming towards me, and she said, that is one, and she came up to him, and took hold of him, he was going to strike her, and I upped with my shovel, and said, I would cut him down, if he did not go peaceably; I brought them back to the garden, and there I saw Williams's shoe and a knife. I did not see the things on either of them. I picked up the things, and gave them to Mrs. West; they laid under the pales just throwed out of the garden.
Q. Where did you find the knife? - Laying by the side of the things, it was open.
Prisoner Williams. I never had any of the things in my possession. - I never saw them in Williams's possession, I picked them up under the pales.
I am a labouring man, I was called to assist to take these two boys. I did not see either of them in the garden. This here one, Vandersteen, he stood at the top of the causeway; the woman said, that he had taken the goods, I collared him, I had them to the public house, and we sent for the constable; I cannot tell who took the things, I saw the things over the pales.
Prisoner Williams. I was going by, and I had not been by above a dozen yards, and the woman immediately said, stop him; a man came up to me, and said, where are you going, I said, I am going home; a woman came up to him, and said, that is the young chap, that has got my property, says I, Madam, I have got none, I never touched nothing.
Prisoner Vandersteen. I was going down to Blackwall, a young lad told me, if I would go down by Friday afternoon, he would speak to the foreman to try to get me into the dock-yard; coming along I saw this linen lay. I had not picked it up above a minute, before I heard an outcry of stop thief, I was afraid it was some stolen property, and throwed it away.
Imprisoned six months in the House of Correction and publickly whipped .
Tried by the Second Middlesex Jury before Mr. RECORDER.
On the 14th of November Mrs. Mary Bell saw Mary Brown go into my passage, and she came over and asked me if I had been speaking to a woman in the bed room? if I had not she was afraid she had taken some thing out of the yard; in consequence of that I went after her, and I found the property on her; I found two linen shirts of my husband's, they are worth three shillings a piece, they are here, they were hanging on the second line in the yard; I know them by the mark on the bosom, they are marked J.G.B.
I saw the prisoner go into my neighbour's passage, Mrs. Lawrence's, the
Prisoner. I have no witness; I never took the shirts. I was going down the street to the doctress, to a woman that cures diseases, and coming up the street I met a Mrs. Jones, and she gave me these frocks, and I walked on slow, and this woman came and said, I stole them.
GUILTY . (Aged 33)
Imprisoned six months in the House of Correction , and fined 1s.
Tried by the first Middlesex Jury before Mr. RECORDER.
15. EDWARD PALMER otherwise HORTON was indicted for stealing, on the 21st of November , two linen check shirts, value 5s. two cotton shirts, value 10s. three other cotton shirts, value 10s. two pair of cotton trowsers, value 7s. and a linen shirt, value 5s. the goods of William Lawrence .
Between five and six on Thursday the 21st of November, I was just then at tea, I heard the movement of some buckles, which I thought it might be the cat, I looked up and I saw the prisoner at the bar with the bundle under his arm, I live at the first house in Petty France, it is called York-street now , I was not at that time above four yards off from him, I ran after him immediately, and never lost sight of him till he dropped the bundle, I stooped to pick up the bundle, still I pursued the prisoner, and saw that it was the same man that was in my shop with the bundle under his arm; in stooping to pick up the bundle I immediately looks up and saw the same man that had dropped the bundle, and pursued him till he was stopped by somebody else. I am sure the prisoner is the man that I saw with this bundle, I had never seen him before. When he was stopped, the person that stopped him asked me if that was the same man? I said yes. The prisoner at the bar said, what then! you have found no property on me; the answer I made was, but you are the person that dropped the property; and then he was carried to the magistrate. The linen is here, they are all new things, they have never been out of my care since, every thing is marked that my wife might know how to sell them.
Prisoner. I have nothing to say.
I live in the Broadway, Westminster; I am a soldier in the guards, but a leather dresser by trade, it was between five and six o'clock, I went into Tothill-street for the candle, coming back I heard the cry of stop thief by two or three people, as I thought; I came a little farther and I saw the prisoner at the bar running up; I immediately stepped up to him, and lays hold of him by the collar, says I, I heard the cry of stop thief, and I suppose you to be the thief; he made very little resistance, he said, what have you to do with me? you will find nothing about me. The prosecutor, Mr. Lawrence, coming up I asked him if that was the man that had robbed him?
Prisoner. I was coming along the same time as they were calling stop thief, and I happened to be the first man coming along, and that man stopped me.
Imprisoned three months in Newgate , and fined 1s.
Tried by the second Middlesex Jury before Mr. Baron PERRIN.
The prisoner and two more came into my shop the 6th of November; my shop is near the Minories, at a place called Sparrow Corner ; they came into the shop to buy a couple of jackets, I fitted one with a jacket, and I was endeavouring to fit the other, and just as I was fitting one of the others with the jacket there was a man and woman at the same time endeavouring to deal for some black clothes, came down stairs, and my servant that was up in the wareroom, could not deal with them; I told him to tell them to walk into the parlour, and I would endeavour to deal with them; so I told the man to go into the shop to serve them young men with some jackets; so I sold the man and woman some black clothes, and came to the door, my servant served these people one jacket, and they went away; I had fitted them with one jacket, but had not sold them it; a neighbour of mine came and informed me that he thought one of them young men that had gone out had got something under his jacket, and that he had gone on Tower-hill; and this young man and I ran after them; this young man overtook them, and took this jacket from under his jacket; I see him take it from him.
I produce the jacket; I was along with the last witness, on the pursuit of the prisoner, I took him and he had this jacket with him at the time.
Ridgeway. It has my mark upon it.
Prisoner. I want to ask the prosecutor whether I stole the jacket, or whether I had the jacket given me by one of the young fellows? - It was not given by me.
The prisoner called two witnesses who gave him a good character.
Jury to Prisoner. How did you come by that jacket? - I and two more came on shore, and wanted to buy us some jackets, and we went into two or three shops, and we could not get a jacket to suit, and then we went into this man's house, and we tried on two or three jackets, and this young man that bought this jacket gave this jacket to me and told me to go on with it, and he would over, take me; with that I went on to Tower-hill, to make haste to my ship.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
17. JOHN RABBITTS and CHARLES BEAZLEY were indicted for feloniously making an assault, on the King's highway, on James Seyer , on the 11th of July , and putting him in fear and feloniously taking from his person, and against hisJames Seyers .
I am an inn-keeper , at the Crown, in Slough, in Buckinghamshire. On the 18th of July, in the evening, from nine to ten, between the Rose and Crown, near the side of Brentford and Small Borough Green Turnpike, I was in a post chaise, a gentleman was along with me, Mr. Henley; I was going down, and just as I got the other side of Brentford , I went to sleep in the chaise, and the chaise stopped all of a jerk, which waked me, when a little man jumped into the chaise with the pistol in his hand; I was on the right hand side of the chaise; he came in on the off side, my side, and he said, d-n your eyes, your money, or I will blow your b-dy eyes out; says I, my lad, I did not know what was the matter, take that thing away from my head, and I will give you my money; so I immediately put my hand into my pocket, and gave him two guineas and a half, and about eight or ten shillings in silver, and he stepped back on the step of the chaise, and looked at it; then he says, d-n your eyes, you have got more money than this about you, and began feeling my thighs; I says, d-n you, get out of the chaise you rascal, or I will knock you out; I have got no more money, you have got all I had; he stepped back out of the chaise; now, says I, you damned rascal, shut the door after you, after taking my money; he turned about to shut the door with his hand, and I immediately pushed the door open, and I said, d-n you, I will have you if I never have another, and I immediately jumped out of the chaise and hallooed out stop thief! and a parcel of people came out of this Rose and Crown public house, and pursued them, and three of them got through the hedge, and Randall (who was executed) he was caught before he got through the hedge, he was the fourth.
Q. Do you know what became of the other three? - I do not.
Q. Was Randall the little man, that came in or not? - He was not.
Q. Do you know any thing of the prisoners? - No, nothing.
I was brought up to the medical line; Randall, (the unfortunate man that suffered) Beazley, Rabbitts, and I, the day of the robbery we agreed to purchase a pair of pistols each, to go on the road with; Randall and I went into Rider's court to a person of the name of Clark, and went in to purchase a pair of pistols, we asked the price of a couple of pair, they asked us something above a guinea for one pair, and something more than 15s. for another; we purchased one pair for a guinea, and another pair for 15s. after purchasing the pistols, Randall and I went out, the two prisoners at the bar were waiting at the bottom of Rider's court, near to Cranbourn-alley, till we came out; when we had purchased the pistols, we set off immediately to the White Horse Cellar, there was as coach plying for Brentford, which we took; we went into the coach, four of us, and they put us down in Brentford; we walked from thence to a house before we came to the turnpike, in Small-Borough Green; the person who kept it, I was informed, went by the name of Turnpike Jack, I rather think the sign is the Castle; we stopped there and had to the amount of three or four pots of beer, and some bread and cheese; after we had paid for the beer and the bread and cheese, we walked through the turnpike, and came
Q. Do you know on which side Rabbitts went? - To the best of my recollection, he went on the right hand side of the chaise, and Randall on the left; but being alarmed at the situation, I did not take particular notice; after they came out, they told me, that they had got two guineas in money and some silver, I met both of them together as they came out of the chaise behind; before they could mention the particulars to me, ten or a dozen people came up out of the public house, which was just by, which alarmed us all; I said to Randall, we had better not attempt against these people, we had better make the best of our way away from them. I made to the hedge first, and got before Randall, and made my escape; I had left my hat and neck silk handkerchief behind me, and got to town; the next morning I sent to Rabbits to know whether he got away or not, and I was informed, that he had, but they thought the rest were taken, and that what money he got, he threw away, for fear it should be found about him; that ended the business of that.
Q. How soon was you apprehended? - I was apprehended some time after, it was on a Sunday, I cannot justly determine what time.
Q. A week, month or two months? - I know it was no great while after.
Q. I don't know what you mean by a great while? - It may be a month or two months after, or it may be less, I have not charged my memory to the time I was taken; I can easily determine it, if it is needful.
Q. You have not yet mentioned, what day it was, that you set out about this business? - I am not certain as to the day, I think it was on a Thursday, and to the best of my recollection the month was in July, near the middle; I saw Rabbitts in the course of three or four days after, I think, but the person I sent, saw him the next morning.
Q. When did you see Beazley? - I did not see him for some time after, because he was in custody.
Q. Did he get out of custody before you was taken, or after? - Before.
M. Knowlys. You have been brought up in the medical line? - I have been in that profession.
Q. How long ago? - I cannot justly determine, I can mention where I lived, it was at Warsall in Staffordshire, about a year and a half ago; but what I have declared on this robbery, I have declared facts.
Q. For that year and a half that you have left Stafford, have you pursued any other profession than that of a thief? - From the predicament I laboured under, I was distressed, and was reduced by a number of circumstances.
Q. I will have a plain answer. - No Sir, I have not.
Q. Could not you as well, and as easily have answered that as any other question? Then it is true? - I cannot say that I have followed my profession.
Q. You come from some place of confinement now to give your evidence, and have been admitted an evidence in order to save your own life? - I understand it so, and because I would be useful to society.
Q. To enable you to recollect a number of robberies you have committed, you
Q. I suppose the work is not quite finished, I should like to know how many short of a couple of hundred robberies, you have put down on paper? - I have done every thing in my power to justice, to society, and myself
Q. You know very well the circumstances of every robbery, that you have been present at, but whether you have applied those circumstances to the proper persons, we must take your word alone.
Court. I wish to know whether you are quite sure, that these people were concerned with you in this robbery? - I am perfectly confident of it; the people where we drank, I dare say, will justify me, that what I mentioned are facts.
I live at the Castle, Small-Borough Green.
Q. Do you remember this robbery? - Yes, I heard of it the same night, the prisoner Randall was brought into my house, and the pistol taken out of his pocket.
Q. Had you seen him in the evening before? - Yes, about three hours before, and three more with him.
Q. Should you know any of these three? - Yes, all.
Q. How soon after this evening did you see the three people again? - I saw them at Bow-street about seven days ago that I was there; the prisoners are two of them, the man that was up before was the third.
Q. How long were they in your house? - They were not in my house at all, they sat at the bench before the door; it was about half past five, they had four pots of beer, and two slices of bread and cheese, and Randall had a glass of rum at the bar.
Q. Was there any thing particular in the persons or dress of these, to occasion your particular notice of them? - I had a little boy that knew Randall, he called me out to see him, he says this Randall is a very great rogue, I would have you look at him, and I went out and looked at them all.
Q. That was the occasion of your taking so much notice as to be able to swear to them? - Yes.
Mr. Knowlys. What house do you keep? - The Castle at Small Borough Green.
Q. Are you a married woman? - Yes.
Q. Your husband is whom they call turnpike Jack, is not he? - No, that was the person that kept the house before I took it.
Q. When did this affair happen? - It was on the 18th of July, that we are told this affair happened.
Q. You did not see these people till about five or six days ago, how long is it from this time that you heard of this robbery? - I dare say it is four months from this time.
Q. They had their hats on as they were sitting at the door? - Yes.
Q. You only satisfied yourself by looking at them that once? - I looked at them all.
Q. But Randall was the person pointed out to you? - Yes, he was, but I looked at them all. I was afraid they were coming to rob the house, because he knew every part of it better than I did.
Q. You know there is a reward of forty pounds for every one that is convicted of an highway robbery? - Yes, I have heard of it.
Q. Here there are two persons in this case, it would be eighty pounds.
Prisoner Beazley. About a week ago the woman was up at Bow-street, and
I am a labourer; I was going home, and I saw the chaise stopped by four people, and I saw two men get into the chaise, and two were at the horses head, and I went and called out at the Rose and Crown. I know no more of it, I know nothing of the people, I am sure there were four of them.
I am a salesman, I know no more than on the 18th of July, two men came to our shop, and bought two pair of pistols, one pair for a guinea, and another pair for 15s.
Q. Do you know any thing of the two men? - No.
Q. How came you to know it was the 18th of July? - Because I referred to our book.
Q. How came the prosecutor to know that you had sold the pistols? - By the evidence informing the prosecutor of it.
I am a watchman in New Brentford, on the 18th of July there was an alarm come down, that a gentleman had been robbed in a postchaise; between eleven and twelve o'clock this Beazley came down with a hat and I stopped him, and put him in the cage.
I am an officer belonging to Bow-street. In consequence of the information of Driscoll, I apprehended Rabbitts on the 21st of October.
I attend the Public Office at Bow-street. I apprehended Beazley and Bartlett, on the 15th of September. Driscoll was apprehended at the same time. We apprehended Beazley and Bartlet half an hour before we apprehended the evidence Driscoll.
Prisoner Rabbitts. I leave my defence to my counsel.
The prisoner called four witnesses to his character.
Prisoner Beazley. At first, when I was brought up at Bow-street, there was nobody could swear to me then at all, and I was let at liberty, and then they apprehended me, the 15th of September I believe, again. At the time I was first taken, I was coming out of Windsor, I had been to see my brother at Windsor. I have got nobody to prove it here. I have no friends here.
Recommended to the Jury on account of his age .
Tried by the second Middlesex Jury before the Lord Chief Justice.
18. SARAH ELDRIGE, otherwise ALDRIDGE , was indicted for stealing on the 15th of October , a silver watch, value 1l. a black silk cloak, value 10s. a black silk gown, value 2l. a black silk petticoat, value 1l. a muslin petticoat, value 1l. a dimity petticoat, value 8s. a book muslin apron, value 2s. a linenWilliam Lawrence ; five silver table spoons, value 1l. 10. two child's corals set in silver, value 10s. a cotton gown, value 8s. six yards of cotton, value 10s. two pair of cotton stockings, value 2s. a white cotton petticoat, value 5s. a blue silk petticoat, value 7s. the goods of Samuel Birch , in the dwelling-house of the said William Lawrence .
I live in Hart-street, Covent-Garden . I am a house keeper, I don't know the particulars of the loss, my wife is here. I know no otherwise, then on the 7th of October, my servant went out, and locked up the house; and when I came home, I could not get into the house, I was obliged to go into the window; the prisoner at the bar was a servant in the house, I stopped at the door for about half an hour, and I was obliged to go in at the window, my wife was gone out to tea, and I waited in the house till the came home, there was nobody in the house at all. My family consists of myself, wife, and servant, and a gentleman and wife, of the name of Birch; I waited till about half past six o'clock, and Mrs. Birch came home and my wife. We took the servant girl on the 27th of October, at one Mr. Sapgutts, between the hours of seven and eight in the morning, near the Adam and Eve, Tottenham-Court-Road. The officer and I took her out there. There was some property found upon her, I was present, there was a shawl and a petticoat, and some other little things, that I am not acquainted with, my wife is.
Q. How long had the prisoner lived in your service? - About nine days.
Mr. Peat. You live in Hart-street, I think. What time intervened, between the time this woman left the house and your taking her? - Three weeks, I believe.
Q. You was obliged to get in at the window, was it by the assistance of a ladder, or out of the street? - Out of the street by the assistance of a lamp-iron.
Q. Then any other person might have got in as well as you? - Not without a ladder.
Q. If they had been equally active they might? - They might.
Q. What trade do you carry on in this house? - It is an hotel.
For the reception of gentlemen and ladies? - It was, but they took my wine licence away, now it is a lodging-house.
Q. In point of fact, you admitted all sorts of people to your house? - If they were decently dressed. I did not ask every person to shew me the certificates of their marriages.
Q. Now this person, this Mr. Birch, is a lodger in the house? - He did lodge at that time.
Q. Do you know he was a married man? - Here is his wife here.
Q. Is he any way connected with you in business in any respect? - None at all.
Q. Nor any person? - No.
I am the wife of the last witness. On the 7th of October, I left my house about three o'clock, and returned a little after six, when I came back again, I missed the property; I went backward for a cap, handkerchief, and apron, to put on, and I found them gone; and I says to Mrs. Birch, I am robbed, Madam, and she said, I hope not. All the articles in the indictment were missing; these were all articles for my own wear; some of them were found at the pawnbroker's, and recovered again. Some were lost from a coach; some are down at Henley, now in a box, which Mr. Addington has wrote twice for, but the box has not come up.
- MEAD sworn.
I am a pawnbroker. I produce a black silk cloak.
Mrs. Lawrence. I know the cloak, I made it myself. I know my own work.
I am a servant to a pawnbroker. I produce a dimity petticoat, a shawl, a muslin apron.
Mrs. Lawrence. They are all mine.
Court to Mead Of whom did you receive these things, that you now produce? - From the prisoner at the bar. On Wednesday the 23d of October, about six or seven in the evening, they were pledged for money, that I advanced. I am sure it was to the prisoner at the bar. I had never seen her before.
Court to Price. Of whom did you receive these, that you produce? - From the prisoner at the bar, they were pawned in my master's shop, the 25th of October.
Mr. Peat to Price. What time of the day were the things pawned? - In the forenoon.
Q. Did the prisoner often come to your shop? - I had seen her once or twice before; I knew her perfectly well.
Q. If you had suspected any thing, you would have stopped her? - I suppose I should.
Q. What day of the week was it? - It was the 25th.
Mr. Peat to Mead. Was it in the evening, or the morning, you received these things? - In the evening by candle-light. I never saw her before, I asked her particularly whose they were.
Q. You have little apartments in your shop, that the parties come in at? - Yes.
Q. And she stood a little shaded from the light, did not she? - I believe the scene was not drawn at all.
Q. You think it was the woman that came? - I am certain it was.
Mr. Peat to Mrs. Lawrence. You say that you know the cloak by the make of it? - I do.
Q. What you have a particular mode of making it? - Yes, very particular.
Q. What do you know the petticoat by? - I made all the articles here.
Q. They are very common articles? - They are not very common articles.
Q. The petticoat seems to be a very common article? - It is not a very common article.
Q. You did not sew these things with any particular kind of thread; you sewed them with common thread I suppose? - I did; but every body may know their own work.
Mrs. BIRCH sworn.
Q. You lodge with the prosecutor I understand? - I did; I lodged there the 7th of October last.
Q. Was any of your property taken from the house in the course of that day? - Yes; that same day I lost five silver table spoons, a child's coral set in silver,&c. all the rest were for my own wear, and in the house. On the 7th of October, when I went out, I went out between three and four. and returned with Mrs. Lawrence a little after six; my things were up stairs, locked up in a closet, quite away from Mrs. Lawrence's, but the opened a closet and took the things out of a trunk; I found only an old cotton gown, which was on her back; I was present and demanded the gown before the justice; the prisoner had it then on her back. (The gown produced and deposed to.)
Mr. Peat. How long was it then that you found it on her back, after you lost it? - Three weeks.
Q. A good many persons resorted to the house I believe of different sorts? - Yes, I believe there is.
Q. You say that is your gown, from the colour and size of it? - I am sure of it.
Q. Are you sure that gown is yours? - I am, from the wear of it; I have wore it near a year and a half constantly.
Q. But that was cut off a large piece of cotton, was it not? - No, it was a patch.
Q. Perhaps you wear your clothes more than some other people do? - I know it is my gown.
Q. It is the same pattern as the gown you lost? - It is the same gown.
Q. Have you got any mark? - There are some holes I mended in the bottom.
Mr. Peat to Lawrence. Did you and your wife, Birch and his wife, to your knowledge, state any thing like this to the prisoner, that whoever the things were stole by, if she would return the value of the things, you would not prosecute her? - No.
Mr. SMITH sworn.
On the 22d of October I lent four shillings on the muslin petticoat; I cannot recollect who pledged it.
I am an officer belonging to Bow-street; I had an information where the prisoner was, on the 27th of October, that was some time after the robbery; I went were she was in bed, in Sapgutt's house, in Tottenham-court-road; I made her get up and dress herself, this gown the put on, and this black silk petticoat, and the shawl laid by the chair; she said they were her mistress's; I searched her pockets and found some duplicates, which led to a discovery of the cloak and other things; it was Sunday; I put her in the watch-house, and took her before the magistrate the next day, and this lady challenged the gown on her back.
Q. Were there any duplicates on her that led to the discovery of any articles of plate? - No. only these things that are here.
Prisoner. I leave it all to my counsel.
The prisoner called two witnesses who gave her a good character.
GUILTY. Death . (Aged 26.)
Recommended by the prosecutor .
Tried by the second Middlesex Jury before
Mr. Baron PERRYN.
On the 9th of November a young man told me that he had taken these cloaks in of the prisoner at the bar. I have nothing further to say than they are my property.
On the 9th of November, between five and six in the evening, our neighbour gave us information to take care of our windows, for they had observed two or three suspicious persons crossed at the corner of our windows. My master is a linen draper and mercer ; I went out and found the window broke or cut, with some cloaks out; I ran down Argyle-street immediately; at the bottom of the street, I saw William Robinson , the prisoner at the bar, with the bundle under his arm, tied in a blue apron, in company with two other persons; I laid hold
Mr. Todhunter. Four out of the five I can swear to, they have all got the shop mark on.
Prisoner. My fellow servant that I worked with, his wife was taken ill. After I had done my work I went home to supper, an order came in that he was to go and buy a horse at Hackney, and he immediately said to me, that his wife was taken ill, and he would be very much obliged to me if I would go and buy the horse in his stead; I said I would go to serve him in any respect whatever; I went and bought the horse; coming along this place there was a gentleman on the other side of the way came over and catched hold of me by the collar; I asked him what he wanted with me? he immediately replied you are one of the persons that has robbed my shop; he had me in custody for the space of five or six minutes, he wanted to take me back to the place from whence he came, and then he turned back, looked over his shoulder, let me go, ran away from me round the corner of the street; knowing myself innocent, I never stirred from the place where I was left; he ran back again and said, you are the person, and I have got you; immediately a gentleman came up and asked what was the matter? I says, I don't know what is the matter,for this gentleman has taken me by the collar, and says he has got me. The prosecutor made answer and said directly, are you a constable? yes, says he, but I don't belong to the office; he says, that don't signify, I give you charge of him, and we went into the office directly; we were near Marlborough-street. I have got no witness. My fellow servant's wife is very ill, and he was obliged to attend his wife, and my mistress is subject to the rheumatism in her arms, and cannot come.
Court to Skelton. Where did you get them from after they were thrown away? - They were given me by the servant of Mr. Northcote.
I live in Argyle-street, I live with Mr. Northcote; I heard the alarm of stop thief; I went to go up to the area steps to see what it was, I kicked against the bundle that laid at the bottom of the area steps; I called a little boy to fetch a light, and he came down directly from the area steps, and went into the kitchen and fetched a lighted candle, and when I got the candle I heard the people call, and ask if we had got them? and the little boy took them up, and carried them up the steps, and said here they are, I took them from the child at the top of the steps, and gave them to Skelton.
Court to Skelton. Was that the house, that you see them thrown down the area? - Yes.
Jury. Did you never leave the man, after you once saw him with the cloaks? - No, I never let him go out of my sight.
Prisoner. This man when he had me in custody, attempted to take me back from whence he came; he knocked my hat off in the street, and left me for the space of three minutes, and I went and picked up my hat, in that time he took
Skelton. I never left him.
I am constable of St. George's Hanover-square. I happened to be out about my own business on the 9th of November. I was coming home in the evening, I heard the cry of stop thief, and when I came up to the person, Mr. Skelton had hold of the prisoner, and I took him by the collar, and went to the opposite side of the way, where we got the bundle out of the area. The prisoner was never out of my sight, after the cry of stop thief. There were two others running. I did not see him with the bundle in his hand.
GUILTY . (Aged 23.)
Transported for seven years .
Tried by the second Middlesex Jury before
Mr. Justice ASHURST.
The cause opened by Mr. Knowlys.
I know nothing more than losing the horse, it was a black horse, white face, long tail, and blind; about sixteen years old. I live at Southwold, I was not at home when it was lost; the horse was brought up to the sign of the Red-Lion; it was my horse; I saw him there the 2d of November, about eight o'clock in the evening.
Mr. Knapp. How long have you had this blind horse? - Fourteen years.
Q. Had you worked him much? - I had.
Q. It was not worth much? - It was worth 5l.
Q. Was it sixteen years old? - Yes.
Q. How old are you? - Between fifteen and sixteen. I am servant to the last witness, Mr. Knight. I took the horse into the field about half after five, the 2d of November.
Q. How far from your master's house is his field? - I don't know; about a quarter of a mile; the field was next to the road; close to the road.
Q. Was the horse saddled and bridled, when you took him? - No, I had him in an halter to the field; I pulled the balter off his head there, and shut the gate.
Q. When did you see the horse next? - Not at all; till it was brought up to the Red-Lion. It was the same horse I put into the field.
Q. Was the fence of the field good? - Not very good, it was pretty badish.
Q. What fastening had the gate? - It had a chain and staple; I don't know, whether I found the staple in the passage of the field, or not.
Mr. Knapp. You say the fence about this field was pretty badish? - Not very good.
Q. Now where is this field? - It is close to the high road to Uxbridge.
Q. A vast number of people are travelling that road backward and forward? - Yes, there are.
I live at Southwold, in the parish of Norwood . I am a smith and farrier. I had been to town to do some business, and within about half a mile of home, I met my two sons, which is George and James Birt ; we had not gone together above two hundred yards, before I met the two prisoners at the bar with a horse; I then communicated some suspicions to my sons. I de
Q. How far was this from the field, where Mr. Knight's horse is kept? - It was about forty yards from the gate, where the horse was. Then we took him to Southwold. They were leading the horse. It had a bridle and saddle on. At the Red Lion we sent for Richard Knight , and he came and owned his horse.
Q. Did he ask in the hearing of these men? - Yes; they made no answer at all.
Q. Did you know any thing of the men? - I never saw them before in my life; they are strangers in our part.
Q. Have you found out, who the saddle and bridle belonged to? - We supposed it belonged to the two prisoners.
Mr. Knapp. When you first saw the prisoners and the horse, it was about forty yards distance from the field gate? - It was.
Q. This was the 2d of November? - It was.
Q. Was it darkish? - It was, but not so dark, but I could see a saddle on the horse.
Q. Was it not a rainy night? - It was not.
Q. You had never seen these men before? - No.
Q. How near was you first to them, when you saw them? - Not above half the width of the road, which I suppose, is about three yards.
Q. You say it was pretty darkish, and you never saw the men before; will you take on yourself to swear, that these are the two men? - Yes, I will; my sons stopped them within six yards of where I met them.
Q. Do you know that there is any reward on the conviction of a horse stealer? - I don't know there is, justice Bland said, there is a reward, but I did not think any more about it.
Q. You are a constable? - I am.
Q. Did you see any other person near the spot, except these two men? - Never saw any other person.
I was with my father the time this horse was found. My father had been to London; I and my brother went to meet him; we met him about half a mile out of Southwold, and in about half of that half mile, we met these two men with the horse, with a bridle and saddle on him; and he desired us to go after him. Accordingly I went behind the cart, and Alexander was leading the horse with the bridle in his hand, and Watts was walking along the side; I said to Alexander, where are you going with that horse? he said, what horse? he let go the bridle directly; I said, the horse you have got; he said, I have not seen any horse; says I, what do you call this, that you have got by your side? says I, this story will not do for me; I took him, and I perceived Watts had made his escape, and I called to my brother to go
Mr. Knapp. That bag would hold a great many things besides the saddle and bridle? - By all means.
Q. What are you? - I am a blacksmith.
Q. Follow that only? - Only that business.
Q. What sort of a night was this, a dark night? - Not very dark.
Q. If any body has said it was a dark night they would have said wrong? - It was a darkish night but not very dark or else I could not have seen the bridle in his hand.
Q. You knew nothing of the prisoner? - Never saw them before.
I am a son of the witnes Birt, the brother of the last witness; my brother and I went to meet my father, as we were coming back, my father saw these twomen, one was leading the horse, as he supposed; he calls to my brother and I, James and George, we were not in the cart, we were walking by the side; we went to the men; my brother when he comes up to the man that was leading the horse, Alexander, my brother says to him, where are you going with this horse? what horse? be replies, why the horse you have got hold of; says he, I have seen no horse; why what do you call that by the side of you? says my brother; O, Lord, says he, I did not see any horse here, I ask your pardon; says my brother, if this is the case you must go along with me. I immediately looks round and see the other running away; I went after him, and catched him as he was getting over the hedge, by the lappet of his coat, and from thence we took him to the Red Lion.
Q. Are you sure that the other man that you took was the same man that was along with Alexander? - Yes. He was not at all out of my sight; I was not present at their search.
Mr. Knapp. This night was dark, was not it? - It was not a very dark night; enough for any body to perceive any thing at the distance of five or six yards.
Q. Was it light enough to discern any body that you had never seen before in your life? - It was when you come to them; I should know them when I come close to them.
Q. The person that you followed was out of sight? - He never was; I suppose he was ten yards from me at one time.
Q. Do you say, that during the time he was ten yards from you, that you could swear to the person that was running? - Yes, I am very certain that he never was out of my sight.
(The saddle and bridle produced.)
Knight. This is not my bridle nor saddle.
Prisoner Watts. I have nothing to say in my defence, no more than I know nothing of the matter; I should wish to ask this first old gentleman a question, and let all the other witnesses withdraw.
Court. Let all withdraw.
Prisoner. I would wish to ask that gentleman what words he made use of at the Red Lion.
Birt the Elder. I never made use of any, no further than this, I believe you are a very bad man; I believe this is not the first thing that you have been guilty of.
Q. Then did not you authorize your son to take my money out of my pocket? - I did, and I gave the money to you before the justice.
Court. How came you and Alexander to be leading that horse with the bridle and saddle on him, that time of the night? - I was not with Alexander, nor with the horse, I was going to Uxbridge; I keep a house, a fruit shop and clothes shop at Camden town, near Mother Red Caps, Islington, I have lived there going on three quarters of a year, I was going on my business, in no connection with Alexander.
The prisoner Watts called three witnesses who gave him a very good character.
Prisoner Alexander. Please you my lord I was coming along the road when I was stopped by the gentleman, and asked how I came by a horse, when at the time I was not nigh any horse, nor see any horse, I made him that answer, I asked him what horse? he said that horse that you was leading along; he immediately pulled a pistol out of his breast, and put it against my face, and said you must go along with me; he took me immediately to the public house, and searched me, and found nothing on me. I served my time to a perriwig maker , one William Brimley .
Court to George Birt . At the time you took this man Watts, you said he was getting over the hedge, was there any style or gate thereabouts? - Neither a gate nor stile for ten yards at least, and the bank was as high as I could reach, I could but just reach his coat.
Recommended by the Jury from some circumstances in the evidence .
Tried by the second Middlesex Jury before the
Lord CHIEF JUSTICE.
21. JOHN RABBITTS CHARLES BEAZLEY and WILLIAM BROWN otherwise BARTLETT were indicted for stealing, on the 14th of September , a wooden case glaized, value 7s. a gold watch, value 19l. three base metal watches gilt with gold, value 11l. a watch in a base metal box, value 7l. one ditto in a base metal case gilt with gold, value 15l. a gold watch chain, value 4l. a cornelian seal set in gold, value 2l. the goods of John Coward ; and a metal watch, value 2l. the goods of John Smith , privately in the shop of the said Robert Boward .
JOHN SMITH sworn.
I am a journeyman to Mr. John Coward. On the 10th of September, between one and two o'clock in the afternoon; Rabbitts first came into the shop, and enquired of me to look at a silver watch, which he pointed out, I am confident he is the person.
Q. Was anybody in the shop besides yourself? - No one but myself; he begged to look at a four pounds silver
Q. Did you leave your shop? - Part of my body being in the case to get the watch, the major part of the shop was hid from my view. I got it out of the front case of the window. Beazley in consequence of my information, left the shop while I was getting the other watch; when I had drawn my body back from the case Beazley was gone; on offering Rabbitts the watch of half a guinea more he disapproved of it on account of its price, and wished me a good morning; he refused it; I put both the watches into the case.
Q. How many did you shew him in all? - Two; one which he pointed out to me, and one of half a guinea more. The person Driscoll came in immediately on his going out, Driscoll came in and enquired of me if I had got the silver watch which he begged of me to get a fortnight ago; he did not come in till after the other two were gone. I recollected Driscoll's enquiring of me about a watch of that nature, and I told him I had not been able to get him one; and I was then proceeding round the other side of the shop where the small case with watches flood, to shew Brown a chain, who had been waiting all the while in the shop; I then missed this small case of watches, while Brown and Driscoll were there together; it was a wainscot case glaized, I suppose worth seven or eight shillings, there were watches in.
Q. Were all the watches in the indictment in it? - There were about seven identified, but there were supposed to be others.
Q. Some are laid to be your property, and some the property of Coward? - Only one my property.
Q. Was the one of your property in this wooden case? - Yes, and six of Mr. Coward's.
Q. Is there not something else? - Yes, there is a watch chain and seals. I made known my loss to these two men, and I enquired of Brown if he saw Beazley take out any thing in his great coat.
Q. Do you know whether there were more things in this case than these seven? - I do not; I know there were seven, that I can swear to; how many more I know not. I asked Brown if he observed the man take any thing with his blue great coat? he told me no; he asked me what I had lost?
Q. Which man did you refer to? - To Beazley. On which I told him I had lost a case with a few watches; which immediately brought on a conversation, which I was surprized at; Brown and Driscoll enquiring of me the particulars; they sympathized with me, and after some little conversation Driscoll went away, and Brown remained to be shewn the chain; Brown remained and I shewed him the chain; he bought one of the value of half a crown; I gave him change for half a guinea, and he went immediately.
Q. Have you ever seen any of your property? - No, never at all
Q. You say you had seen Driscoll before? - Yes, I had.
Q. Had you ever seen Rabbitts before? - No, not before he came into the shop.
Q. Had you ever seen Beazley before? - No.
Q. Nor had you ever seen Brown? - No.
Q. Do you mean to swear positively to their persons? - I do.
Q. How long might they be altogether with you? - I suppose the whole was compleated in less than a quarter of an hour.
Q. How soon after that did you see either of the prisoners, and where? - Not till I was desired to attend at Bow-street, about a month afterwards, I attended there in consequence of being sent for; I was informed that the prisoners were in custody.
Q. Whom did you see? did you see the three prisoners and Driscoll? - No, not first of all. I went there about this robbery, after waiting some time I informed Mr. Addington of my business; he then ordered the three, Driscoll and the other two, Brown and Beazley, to be brought up; they were brought into the sitting room at Bow-street.
Q. Was any body in the room besides him? did you know all the officers? - Not any of them, Mr. Addington took me on one side and made me point out who they were; I did not know the others were officers.
Q. Did you know these people? were they in irons? - They were
Q. Did you observe that? - I believe I might.
Q. I mean to ask you this question, before you know them at all, did you know before you made up your mind about it, that they had irons? - I don't know that I did.
Q. Should you have known them by their faces any where, if you had not met them in that place? - I believe fully if I had met them in the street I should have known every one of them.
Q. Did you give evidence against them before the magistrate? - I did.
Q. Do you know whether they were committed? - I conceived they were, I informed the magistrate the particulars that I have told your Lordship; Rabbitts I saw the second time, I am not sure whether it was the second or third.
Q. Where did you see him? - I see him at Bow street in the sitting room, the room was full and the other prisoners with him, two, if not three, I believe it was only Beazley and Brown, many people were there, at first I did not particularly recollect him, I did not that day, I was not perfectly satisfied.
Q. Had you any idea at all that he was the person? - I had an idea that he was, but I was not certain, the second time that I saw Rabbitts, it was that Rabbitts had his hearing, I saw them in the same room, the sitting room, Beazley and Brown were there; on examining further that time I had no doubts remaining in my own mind, but he was the person that had first come into the shop when I was robbed; I told Mr. Addington that I believed it was the same man and could be positive; first of all I was doubtful, the first time, but at the second time I told him I could have no doubt about the man, from his size and features, which I described before; I accordingly swore to him. That is the whole of my evidence.
Q. Was Driscoll brought up that night? - No, he was not, I do not remember seeing him till the fourth examination I was informed that he was admitted a King's evidence.
Mr. Knowlys. You had never seen Rabbitts before? - No.
Q. That I believe was the 21st of October? - I believe it may.
Q. Now, sir, I ask you this, Rabbitts there was brought up in irons, was not be? - I believe he was.
Q. Have you any doubt about it? - No, I have nor.
Q. You heard the chains I dare say rattle? - I not only heard them, but I saw they were hand cuffed.
Q. Then being brought up in chains and hand cuffed, you had no doubt when he first presented himself that he was a suspected person; and yet though you saw him in chains, and though you saw him hand cuffed, you was asked to determine whether he was the man that had done you this injury? - I was, the first time.
Q. Now the first time that you saw him being desired to answer on your oath, you looked very attentively at him, it was your duty so to do? - I looked at him, but not attentively, there was no oath put till the second time, I was sworn the first time with respect to the three, but not with respect to Rabbitts; Mr. Addington he asked me, do you know him? I said, I do not immediately recollect him.
Q. Mr. Addington informed you that he was a person taken up on suspicion for your robbery, and though you was asked whether he was one of the persons, you could not immediately recollect him? - I could not.
Q. The first time that a person fees another is the time that he is called upon to recollect him? - I told him that I had not many doubts, but I could not be positive. My reason for saying that was I would not take my oath.
Q. A very good one too, because no man will take his oath of what he does not believe to be true. If it had been true that you had been certain, you would have taken your oath? - Yes.
Q. At the first time when brought up in chains you would not fix on him then; you have never found any of your property again? - Nothing at all that I can swear to.
Q. Therefore you now only speak from the recollection of a man which you had not seen for a month? - The second time I was confident.
Q. There is only this recollection of your's as to his person, that is to decide whether this man is to die for this offence or not.
I am one of the officers belonging to Bow street; I apprehended the prisoner, but never found any of the property.
Court to Smith. Put the most reasonably value you can on these things? - The least is sixty pounds.
Q. When had you last seen your watches? - I had seen the whole in the morning.
Q. Had you seen your watch in that case in the morning? - I had; I am sure of that.
Q. Is your watch accurately described in the indictment? - I believe it is.
Q. Are the other things accurately described in the indictment? - Quite so.
I have followed the medical line for a number of years. I come here as an admitted evidence, I understand so. I am not confident as to the time to be particular, I think it was the beginning of September, Rabbitts, Bartlett, Beazley and I, we proposed going out together, we went out on Saturday morning about eleven o'clock, we walked out four of us and walked into the city till such time we came to Mr. Coward's near to theExchange , Beazley said there was this glass case containing these watches, and if we would go in he thought he could get them; it was a matter proposed by Beazley a week before that, we were walking out and he desired me to go in and ask for a watch jewelled. On this Saturday we walked there, when we came there we desired Rabbitts to go in first and ask for a watch? Rabbitts went in, after Rabbitts went in we desired Bartlett to go in and ask for a chain; Beazley took the opportunity of going in afterwards to ask for a fictious name where a person lived; Beazley informed me before he went in that he would ask for a person of the name of Simpson, whether the person in the shop could inform him where he lived; Beazley went in and asked for that name, I was at that time out of the shop, I saw him throw his coat down as it were on the counter, the gentleman of the shop being engaged; it was a blue bath great coat, a rough kind of a coat; but instead of throwing it on the counter, I see him throw it over the small glass case that lay on the counter; I was standing at the glass window that was in the door, I saw him coming out of the shop with the glass case under his coat, as he came out of the door I went in; I asked the gentleman of the shop whether he had that watch that I spoke to him about some time before, about a week before; he being busy with Rabbitts, to shew him a watch, and in agitation to shew Bartlett a chain the gentleman did not make me an immediate answer to what I asked; Rabbitts disapproved of the watch and made some kind of excuse that it did not suit him, and walked out of the shop; Rabbitts going out disapproving of the watch, he went round the counter to shew Bartlett a chain, then there was only Bartlett present, and me, and as he came round to the opposite side of the shop across the counter he missed the watch case and watches, the gentleman of the shop immediately says, good God, did you see any body go out of the shop with any thing? he said that to Bartlett and me; he seemed to press us both with the question; we always answered no, we had seen nothing; I said when I came into the shop there was only a little man asking the price of a watch, and this man here, pointing to Bartlett, I was apprehensive at the time that he would stop me on the account, and so I made an idle excuse, the gentleman said it was very extroadinary, it was there a little time before, a person came down stairs he asked him if he knew any thing about it? he said no, he knew nothing at all about it; I then brought it out about the watch that I had spoke about some time before, in order for an excuse that I might get away without any suspicion, he said, he had not got it, and if I would call again he would see about it. Bartlett stopped afterwards, and when I saw him again he told me that he bought a chain which he gave half a crown for.
Mr. Knowlys. You have been in the medical line it seems, it is a great pity that some time ago you was not in the Sheriffs line, it would have held you a great deal faster, you have just escaped that rope that they hang convicted men in? - I don't know.
Q. Don't you know that you have saved yourself from hanging by these confessions? - I harbour this opinion in my own breast. I was informed that if I gave up the right parties that I was concerned with, I should save my life and be useful to the public.
Q. Do you think there is a more notorious thief than yourself for this year and a half past, we will try your modesty? - Yes, I do think there is. I am an unfortunate young man, I have been seduced by the greatest villains in this kingdom.
Q. You left your place a year and a half ago, for what honest trick did you
Q. Then as soon as you came to London you commenced thief? - I did.
Q. Did you commence thief when you came to London? - No, I did not immediately.
Q. How long was you in London before you began thieving, on your oath? - I cannot justly determine that.
Q. How many persons have you knocked down since you was in London? - I don't know I am sure.
Q. I will begin first of all with a small number, we will put it down at thirty. How many more than thirty? - I don't know that I have done it to so many.
Q. Poor Mr. Eaton who lost his life was not he knocked down by you? - I do declare that I was not the person.
Q. Mr. Woodcock you knocked down who was afterwards robbed? On your oath did not you knock down Mr. Woodcock?
Court. That is going into particulars not relative to this trial.
Q. Then I would ask you how many robberies do you think you have commited within this year and a half? - I have never minuted down what robberies I have been concerned in.
Q. On your oath have you or have you not minuted down the robberies that you have committed? - Every robbery that I have recollected since the commencement of my trouble, I have minuted them down.
Q. On your oath how many have you committed as you have minuted them down? - I cannot tell the number.
Court. How long have you lived as a common thief? - It may be two years; I am an unfortunate man.
Mr. Knowlys. Have you that book with you in which you have minuted these robberies? - I have got it about me(produced.)
Q. Here are only the heads I perceive it is going on I suppose like the gentleman's magazine? Then we are to depend on such a character as Mr. Driscoll for the veracity of what you say or not? - No, I would not have you depend on me, but on the facts which the other witnesses prove.
Q. Do you or do you not know the circumstances attending this robbery? - Certainly.
Q. Then it is in your power to fix them on what persons you please? - No, it is not in my power.
Q. It is not in your power to commit perjury? - I should be sorry to commit perjury.
Q. When did your sorrow commence when your friend Randall died at the last Sessions?
Court to Smith. At the end of this transaction do you reccollect any man coming down stairs at your shop? - Yes, there was a man came down stairs during the end of this transaction, he was an upholder.
Prisoner Brown to Smith. Up at Bow-street when we were doubled ironed and hand cuffed together this gentleman was brought forth, he told me he was persuaded to swear positive to us by the evidence, Daniel Driscoll.
Smith. I had no conversation with Driscoll about this man.
Court. Was the impression of your mind that they were the persons, from any conversation you had with Driscoll? - Never.
Prisoner Brown. He swore to a watch chain taken out of my pocket by Mr. Miller, the first time, and afterwards he did not.
Smith. The first time I said when it was handed up to me, that I believed it was the one I sold him, then afterwards the second time I said, as I was not positive I would not say any thing about it.
Prisoner Brown. I leave my defence to my counsel.
I live in Middle-row, St. Giles's; I am a rope maker and flax dresser. I have known Rabbitts from a child, I knew his father. His father was a wheelwright; I always understood that he learned that trade under his father. His father died when he was young, and bequeathed him about 1000l. after that, he lived with his brother on his means.
Prisoner Brown to Driscoll. In the first place, consider my life is at stake, will you positively swear, and take upon yourself to say, that I was the person that was in the shop? - I will. He was the very identical person that asked for the chain, I am very positive of it, I saw him. I would not say any thing that was wrong.
Prisoner Brown. In the second place, you would wish to save your own life, and to hang us; though you wish to save your own life, do not swear false; God forgive you.
Driscoll. God forgive you.
Prisoner Brown. I was dragged away, and had not money to employ counsel, or any thing; and that man that stands there, he knows, that I am innocent of the very charge that he lays against me.
Tried by the London Jury before
22. HENRY GOODIFF , was indicted for feloniously making an assault on the King's highway, on Joseph Townsend , on the 5th of November , and putting him in fear, and feloniously taking from his person, and against his will, five tin pans, value 1s. and a hundred and forty-four halfpence, of the value of 6s. the goods and monies of the said Joseph Townsend .
I am seventeen; I live at Hounslow, I am a baker . I was robbed the 5th of November, between Eston and Lampton, about half after nine, at night. I was coming from Eston to Hounslow ; as I was coming down the lane, this Brown overtook me, and walked a dozen yards with me, and then this Goodiff came up and began wrestling with Brown, and he left Brown, and came and knocked the lighted torch that I had in my hand out,(I had a basket with me) and threw it over into a farmer's orchard, and he took two or three pies out of my basket, and eat them, and then he searched my pockets; and out of my left hand pocket, he took between six and seven shillings worth of halfpence; on my attempting to cry out, he threatened to knock me down; as soon as he got the money from me, he took some more pans out of the basket, and ran off towards Eston; and this Brown came up to me as soon as Goodiff had left me, and I told him, that he had took the money from me, and ran away; he tole me to go to the Black Horse at Lampton, and he would run after him; accordingly I went to the Black Horse, and stopped three quarters of an hour, he did not come, and I went home.
Q. Did you know either of them before? - One of them I did, Brown, he lived in Hounslow. He worked for Mr. Filby, brick-maker; the other was quite a stranger; the prisoner is the man, I never saw him before that.
Q. When did you see him again? - I saw him the day he was taken, the sixth of November, the next day he was taken at Great Sutton at work.
Q. Did you know him again? - Yes.
Q. Where had you been that day? - I had been to Eston, I went out about half past five o'clock at night with some mutton pies and apple tarts, to sell for a penny a-piece; when I went out, I had seven or eight shillings worth.
Q. Had you sold any? - Yes, at Eston.
Q. Were all the halfpence you had in your pocket, the produce of the mutton pies? - Yes.
Q. Now this man's life is at stake, you consider what you do; are you quite sure, that he is the man that robbed you of your money and your pies? - Yes.
I live at Eston, I live by myself. I am a labouring man. I know nothing of the prisoner, only he came to work for the same matter that I came to, for four days, and he asked me to go along with him to rob this little boy of his pies and money; and so I went along with him, and he began wrestling with me, and pushing of me about, and throwed me down; so then he went and took this little boy's pies, and picked his pocket.
Q. Did you see him do this? - Yes, then he ran away; I did not see him any more, before the next morning. He came to work along with me the next morning.
Q. How much did you get out of it? - None at all, I did not have any of the pies, or any of the money. Then when he robbed this little boy both of his pies and money too, the boy knowed him again the next morning.
Q. Where did the boy find him? - At the place where we were at work. We were taken up the next morning.
Q. Who took you up? - The constable.
Q. How came the constable to know? - I was along with this Goodiff the time that it happened.
Q. Did you tell of it? - Yes.
On the 6th of November the boy's master came to me about nine in the morning, and he told me his boy had been robbed; I asked him what he had been robbed of? he told me he had been robbed of some pies and some money. I asked him, did he know by whom? he said one Brown was along with him that robbed him; I said, Brown! I think I saw him yesterday as I was setting down the militia Mark Simmons ; came to me soon after, and I told him of the robbery, and he told me that that Brown was at work at Sutton, according we all went to Sutton, and we found him there at work in a shed, I says to Brown, what was you about last night?
Q. In consequence of what Brown told you you took up this man? - No, I took this man on suspicion, on information, supposing him to be the same man, and brought him to this master's house, and the boy said he knew him, I asked him, and he said he did. I found the money under an elm tree, under the bank side where Goodiff gave the justice an account of, between the elm root and tree.
My boy was robbed on the 5th of November; he came home about half after ten and told me that he had been robbed.
Q. Was you present when the prisoner was apprehended? - Yes, I was with the constable, I was before the justice, the money was found in the bank, the prisoner told where it was.
I am a constable, I took up these people, and I had them in custody to the justice.
Prisoner. I have nothing to say.
Q. What way of life have you been in? - My father is a great farmer in the
Q. What countryman are you? - Surry.
- SMITH sworn.
I am a carpenter by trade, I have known the prisoner from his infancy; he has borne a very good character, his father was a farmer.
I am his sister, he bears a very good character; I came from home now, from Askim in Surry, the lower parts of Surry, near Sussex.
Q. Is your father living? - Yes, he is a farmer.
Q. How long had he been out of your country before this happened? - A month.
GUILTY , Death . (Aged 18.)
Tried by the second Middlesex Jury before the Lord CHIEF JUSTICE.
23. JAMES SMITH was indicted for making an assault on the King's highway, on Edward Robinson , on the 17th of November , putting him in fear and feloniously taking from his person, and against his will, eighteen shillings, the monies of the said Edward Robinson .
On the 12th of November last I had been to see a particular acquaintance, lay dying in the Temple, he died the next day. Coming along as I got right facing Long-acre this here gentleman, that man that is there, he says to me who are you? this was right facing the White Horse door, facing Long-acre in Drury-lane ; it was about half after nine as near as I can guess, the prisoner at the bar said who are you? I said what is that to you who I am? with that he up with his fist, and said d-n your eyes take that, and knocked me down, and gave me a black eye, it was very bad for a fortnight he walked off, and I got up and followed him, and I took him myself, I lost eighteen shillings.
Q. Did you examine whether that money tumbled on the ground, or was you apprehensive it was taken by the prisoner? - It could not tumble on the ground, for I had a pair of leather breeches, that were very tight. I had it when I came from the Temple, where I had been to see my friend, I did not go from my house till near seven o'clock in the evening, I stayed about an hour or so along with my friend; I am certain I had my money when I went from my house, I laid hold of this same Smith, four more got about me, or got me down by some means or other in the scuffle into the kennel, then by and by one of them clapped his hand over my mouth to keep me from hallooing out, and stopped my breath a little while; as soon as I could I hallooed out murder! the prisoner hallooed out, cut away! cut away! I had got hold of him in both hands while he made use of that expression.
Q. Had you ever seen the prisoner at the bar before this time? - Never to my knowledge.
Q. How long was this matter in transacting? - We got to the watch-house by ten o'clock, and I kept him all the way, I never let him loose, not till we got to the watch-house.
Q. You was knocked down at first by the prisoner? - I was.
Q. Did it not render you insensible? - No, I was sensible enough to get up directly and follow him.
Q. Then you had never left hold not till you came to the watch-house? - No,
Q. What became of these other men? - I cannot tell, they all got away on my crying murder.
Q. Then you brought him to the watch-house, what followed afterwards? - The constable of the night took charge of him, and he was taken before a justice of peace, and committed.
Prisoner. The moment you laid hold of me did not I try to disengage myself all that ever lay in my power? - He attempted to get away from me when I got him fast.
Prisoner. I was coming along with my brother, we had been drinking most part of the evening together, who was the only person in company with me, there stood a coach near the pavement, with one man on the box, and I thought I would get up, and there ensued a scuffle between the coachman and me, my brother ran down immediately, thinking I should be overpowered, and I came down with my feet on the pavement; as soon as I came on the pavement this gentleman was there, and he put his hand out to lay hold of me, which I acknowledge, that I struck him; that gentleman laid hold of me; I strove all that I could to disengage myself, and in the scuffle we both fell down in the mud; I said to my brother, get him away, get him away; I was overpowered and struck till the blood run out of my car; they took me away to the watch-house, and the coachman came also, and gave charge of me the same time that this gentleman did.
Prisoner to the Prosecutor. Can you look me in the face, and say that you was robbed by me? - I was robbed, I cannot tell by whom.
Prisoner. This is a malicious piece of business; I had no more intention of robbing him than I have of putting an end to my life. I had two poor people attending to speak for me all the day, and they said, they could not stay any longer.
NOT GUILTY .
Tried by the second Middlesex Jury before
Mr. Baron PERRYN.
24. JEREMIAH LEVE was indicted for burglariously breaking, and entering the dwelling-house of George Messenger , about the hour of four in the night, of the 17th of November , and burglariously stealing therein, two silver sixpences, and 2s. in monies, numbered, the monies of the said George Messenger .
I live at More-street, Hackney . My house was broke open the 17th of November. I set up the best part of the night; my house was broke open that night, about a quarter before five; it was broke open at the back part of the house; they got in by the window, I caught the prisoner in the yard.
Q. How do you know that he had been in the house, or concerned in breaking it? - Because the window was open; my yard is very much inclosed by a gentleman's premises just by.
Q. You never see nobody in the house? - No.
Q. Did you ever hear any body break it open? - No, I gave a great alarm, when I catched him.
Q. When did you first perceive that your house had been broke? - In a few minutes.
Q. Did you find any thing on the prisoner? - Yes, I found two sixpences, and two shillings.
Q. Did you miss that money from any part of your house? - I missed it out of
Q. Did you see any body else about the house? - No, the money found on the prisoner corresponded with the mark, that I had put on it.
Q. Was the window broke at all, or only open? - Not broke, only open, it was put up by some means or other, it is a fash window, I found it open.
Q. Did that window open into a room, where the till was? - No.
Q. How far was the till from where the window was open? - About thirty feet.
Q. Was any partition between them? - No.
Q. How could they get into the till room? - It is all open.
Q. Where is the money? - Bridges produces it.
I was a watchman in about a hundred yards from the place, I heard Mr. Messenger cry out, watch! watch! thieves! thieves! I came down to his assistance, and so we were looking about some time in the gentleman's yard, close by; we could not perceive the thief at all, so in the space of ten minutes, or a quarter of an hour, he said, I think there is somebody in this place, and he followed him up stairs, and found him under the bed of one Gillerton, that he lodged with. He was not found in the prosecutor's house, the prosecutor had found him there first, but he let him go, and we found him afterwards in this Gillerton's house; we pulled him out from under his own bed; the prosecutor took hold of one foot, and I hold of the leg, and pulled him out, and the other man said, it is Jerry, watch, do you take care of him; I took his then to the watch-house, in the parish of Hackney; Mr. Messenger said, watchman, if you please, you will search this man; the prisoner at the bar said, you have no need to search me, I will give you your money again, he said so to Mr. Messenger. I have got the money.
Messenger. I can swear this is my money.
Q. What mark did you put on it? - I put three strokes on all of them, pretty near alike.
Court. Had you made these marks before the time the money was taken? - Yes.
Q. From what suspicion? - I had been robbed more than once or twice, and could not tell by what means.
I am the niece of the prosecutor. I know no more than what he has told himself.
Court to Prosecutor. Do you know the overnight, whither you had fastened the windows properly? Where the windows shut? - Yes.
On the 17th of November, I was in bed, and I heard Mr. Messenger cry out, thieves! watch! and I jumped out of bed, and put on my breeches and shoes, and ran down to his assistance, and Mr. Messenger said, that he had got over the wall from him, and got into another gentleman's ground; we searched thereabout, but we could not find him, I returned round to my own premises again, and searched the premises again, and could not find him there. Mr. Messenger called out, I believe he is here in his own lodgings. I live next door to the prisoner Mr. Messenger lived one door between us; we rushed in doors, and followed him up stairs, and I saw him under the bed, and helped to pull him out; I was not the person that took the money from him, Bridges took the money.
Court to the prosecutor. Did you know
Q. You knew where he lodged? - Yes, because he used my house in dealing with me, that was the reason of my going up to his lodging to search.
Prisoner. I work about three hundred yards from Mr. Messenger's, and I goes there generally for my day's victuals, by going there, I got acquainted with the servant girl, she used to bid me call her up in the night; and I used to be with her from two o'clock in the morning, till five; and she has given me both money, victuals, and drink.
Q. How came you by that money in your pocket? - In about a week after that I was up with her one morning a washing, and I had my breakfast with her, and she gave it me.
Q. Was Messanger up that night, that you was in the yard? - I don't know, the back door was open, and I went in at the back door.
Q. How came the window open? - I don't know.
Court to Ann Messanger. Pray, was the prisoner in the house with you that night? - No.
Q. And did not you see him that night at all? - No.
The prisoner called one witness to his character.
GUILTY . (Aged 23.) Death .
Tried by the second Middlesex Jury before Mr. Justice ASHURST.
25. WILLIAM EAST was indicted for stealing on the 28th of November , two copper screw bolts, value 9d. seven copper screws, value 1s. ten pounds weight of copper, value 7s. the goods of Trueman Harford , and John Vicaries Taylor .
Q. Do you know whether they lost any screw bolts, &c.? - I do not, I know the prisoner worked for them, and that he had the care of these things; he had the key, and charge of the loose and old stores. I had more work than I could do. Mr. Harford had a very good opinion of him, he was an assistant to me, while they were setting up a brewer's copper.
Q. Do you know any thing of the loss of these things yourself? - No, I do not.
I am a coppersmith, I know the prisoner well. I was sent for last Tuesday, to the Police office, Justice Wilmot's office, I believe, to see, if I knew the things, that were there. I saw some pieces of a copper pipe, and one things and another, I examined the things, two copper screw bolts, seven copper, screws, ten pounds weight of copper, the officer produced them to me at the office, I don't know his name, the officer has got them now; they were all such things as we use there, there are two of these copper bolts, that I could say belonged to Mr. Harford and Taylor; the seven copper screws, I could not speak to positively. They were particular bolts that we could not finish in the shop before we took them there, because they were to be screwed at both ends, and they were never finished.
Prisoner. The gentleman seems to swear they are his master's, and I have nothing to say against him.
I am an officer belonging to White-chapel. I produce some pieces of copper, five or six pieces of copper pipe,Joseph Moses with this property, Thursday last, it was the 28th of November, he is admitted an evidence, that is all I have to say, any further than I took him into custody that night.
I am an officer; I know nothing more than I apprehended the prisoner on Sunday last, between the hours of twelve and one in the middle of the day, by information, I apprehended him in Wentworth-street.
Q. Did you find anything on him? - Nothing at all.
I am a jew, I live in Wentworth-street. I knew the prisoner about three years, and always thought him an honest man, he kept a public house in Wentworth-street three years ago; he said he found these bolts and screws among the rubbish, he asked me if I could get a penny by it.
Q. How many bolts did he say he found? - I did not take notice, I did not count them.
Q. How many copper screws? - I did not take notice of them.
Q. Did you take them from him? - I did, I bought them of him, I gave him five shillings for them last Thursday morning.
Q. Don't you know what quantity you bought? - Twelve pounds for five shillings, this last time.
Q. There are many pieces of copper? - Yes.
Q. How came the constable, Taplin, to have all these things? - He stopped me in the street, I was going to sell them in the street.
Q. To whom were you going to sell them? - To any shop, I had them in a basket.
Q. Did you tell Taplin how you came by them? - Taplin did not ask me any questions.
Q. How came they to know you had them of the prisoner? where did you first give an account you had them of the prisoner? did you tell the magistrate? - Yes.
Court to Taplin. These articles you have brought here, you received of Moses? - I did.
Court to Moses. And these are the articles you had of the prisoner? - Yes.
Court to Simmons. Can you say with certainty that these articles, or any of these articles were missing? - No.
Court to Keys. You only pretend to identify two copper screw bolts? - No more.
Q. Can you say with certainty that these two copper screw bolts were ever delivered to the house of Harford and Taylor? - I cannot say with certainty that they were delivered there, but we use such screws.
Q. Are any such used any where else? - No.
The prisoner called two witnesses who gave him a good character.
Not GUILTY .
Tried by the second Middlesex Jury before
I am a carman , a single man; I was robbed of half a guinea. On Monday last about half past twelve o'clock in theGeorge-yard, Whitechapel ; I went to her lodgings, I pulled out of my pocket three six-pences, two shillings, half a crown and half a guinea; she took the half guinea up, and run out of doors with it; I laid it all on the table, I followed her out of doors.
Q. Had you been with her any time, or was it as soon as you came into the room? - As soon as I came into the room. I hallooed after her, and she went in again, and she shut the door on me, on trying to open the door to go after her, a man came out and knocked me down.
Q. Had you ever seen this woman before? - Yes, I had been with her before.
Q. How soon did you take her up after this? - Directly, a man went and fetched a constable and took her up.
Q. Did you see her taken up? - Yes.
Q. Was the examined? - No.
Q. Did you find the half guinea? - I found some silver and halfpence.
Q. Did she take any thing else from you than the half guinea? - No, she did not.
Q. Has the half guinea ever been found? - Yes, after she was put in prison she sent to me to make it up with her.
Mr. Knopp. Richard, the prisoner at the bar is an old friend of your's, it seems? - I have been with her three times before.
Q. You paid her every time I take it for granted? - Yes.
Q. All this money you put down on the table? - Yes.
Q. Was it in a purse or not? - No, I emptied it out of my purse.
Q. You emptied it out on the table in the room? - Yes.
Q. She saw you empty it out?
Q. What did you empty it out for, man? - To give her the eighteen-pence.
Q. And left all the rest on the table? - No, she took it up before I could take hold of it, I emptied it on the table because my purse was so narrow and could not get the shilling.
Q. I believe you got the half guinea again, did not you? - She gave me the half guinea again, but I carried it to the justice.
Q. You have given a receipt for it? - No, she gave me a receipt to get some more.
Q. Look at that receipt, did you make that mark to that receipt? - No, I did not make that mark that I know of.
Q. Did you make any mark to any piece of paper? - No, never at all.
Q. Did not you put your name to a piece of paper, purporting to be a receipt? - Yes, some young woman brought the money, and I made a mark on paper when I had received it.
Q. When you was in the room with this woman, was there not some money dropped on the floor? - No, not during the whole time.
Q. No shillings at all? - No.
Q. You mean to swear it? - I do.
Q. Then she did not pick up some silver and give it you again? - She did not.
Q. You was sober I take it for granted when you went with your old friend? - No, I was not right solid sober, I had had some drink.
Q. How much might you have drank that night? - It was about half after twelve in the day; I had had two pints of beer.
PAUL LE MESURIER , Esq. LORD MAYOR OF THE CITY OF LONDON.
NUMBER I. PART III.
[PRICE TWO SHILLINGS.]
Q. No hollands? - I had nothing but these two pints.
Q. How far had you come that day? - From Edmonton.
Q. Did not you drink a drop all that way? - Not a single drop of any thing.
Q. Did not you stop to water your horses? - No, I never watered them at all.
Q. Did not you stop in Bishopsgate-street? No.
Q. Did not you stop in Brick-lane? - No, I did not stop in Brick-lane.
Q. Did not you stop at some public house? - I stopped at Mr. Butler's and had two pints of beer.
Q. And then when you got to this woman's at half past twelve o'clock you was not right sober? - I was not.
Q. You was then half drunk perhaps? - I had had some beer but not drunk.
Q. Half seas over perhaps. Now when you came to this woman's you did not drink any thing there? - No, nothing at all.
Q. No Hollands there? - Nothing.
Q. No gin? perhaps you don't know the name of hollands? - I had nothing at all.
Q. On your oath did not you drink some thing at the woman's lodgings? - I did not drink a drop of any thing.
Q. And so you turned all this money up on the table in the same room in which this woman was, and you have received the half guinea again, and that half guinea you have taken to the justice. Now I believe your price to settle this business was three guineas, was it not? - No, sir.
Q. Did not you offer to settle this
Not GUILTY .
Tried by the second Middlesex Jury before
I am a floor cloth painter ; I lost twelve yards of black oil cloth, I lost several pieces, I think I found this one on Wednesday the 6th of November, on Tuesday it was found at a public house that my porter used, the prisoner was my porter at this time; it was found behind St. Clement's, near two hundred yards perhaps from my house.
Q. In whose hands did you find it in the public house? - I did not see it first in any body's hands, it was in the bar at the public house, with a great coat belonging to the porter, I see the great coat with it.
Q. How came you there? - On the preceeding day, Tuesday, I lost a piece of floor cloth, a particular piece; Wednesday I missed the porter, he went out to breakfast, and did not return that day; I presumed he had gone off; I went to his lodgings for this piece of cloth, he was not at home; I found out the publick house that he frequented; I did not find that piece that I knew was lost, but I found the piece stated in the indictment.
Q. Do you know of yourself that he used this public house? - No more than what my clerk told me.
Q. Who did you receive this piece of cloth of? - I have not received it yet; it is in the hands of the constable now; I saw it first in the bar of the public house.
Q. Did you see it delivered to the constable? - I did.
Q. Should you know it again was you to see it? - Certainly.
Q. Was there any thing about it by which you know it to be your's? - Yes, I knew it by a particular mark; the fellow piece is in court; I know it by the particular make of it, and the number of it.
Q. Do you remember the No.? - 126. I knew it to be mine immediately.
Q. When you went home did you miss such property, or can you swear that such property was missing, after seeing this at the public house? - After seeing that at the public house I went home and I missed it; I am positive of its being mine, I never made but fifteen of this sort, and this is one of the fifteen, and this was missing.
Q. What become of the other pieces, had you sold them? - A part of them; the rest were at home, two pieces are gone to Manchester.
Q. How do you know that this piece that you saw at the public house, was not one of the pieces that you sent to Manchester? - It was not the same number.
Prisoner. This gentleman hired me as a porter, and he keeps two shops.
I am a shopman to Mr. Bulmer; Mr. Bulmer sent his clerk in the morning to Jones's lodgings the day this property was found, and he could not find him the day he went away; in the afternoon I went to the public house in St. Clement's to look for
Q. Does any body know how they came there? - They told me that Jones brought it there; the boy is here that took it of him, it was left in the care of the landlord till I went and acquainted Mr. Bulmer of having found it, and he sent for a constable and had him taken up; the constable has the care of the property.
Prisoner. They told me that if I would tell who the man was that took another piece that they saw go away with it, they would freely forgive me? - I told him if he acquainted us who had taken the other pieces it would be better for him.
Q. Was you sworn before? - I cannot say, whether I was sworn or no.
Q. What will become of you, if you tell a story? - I shall go to the naughty man.
Q. Tell us all the truth, that you know. Whose boy are you? - Mr. Webber's; my father's brother keeps the public house. I live at that public house.
Q. Look at the prisoner, and see if you know him? - Yes, I know him.
Q. Did he ever use to come to your house at any time? - He never brought any thing, but that piece of oil-cloth.
Q. What day of the week was it? - I cannot say; I have got such a bad memory, how long it is ago.
Q. What was the colour of the oilcloth? - I think it was a black; he put it into my hands, and told me to put it under a great coat; and I took it from him, and put it there; I was in the bar, when I took it from him.
Q. Who had it from that bar? - I was out when they came for it.
Q. Do you know at all, whether this gentleman had it after you took it from the prisoner? - I don't know.
Q. Have you ever seen it, since you took it of the prisoner? - Yes.
Q. Should you know it again? - Yes.
Prisoner. The same day, I saw a man in the place with an oil-cloth under his arm, drinking a pint of beer, and I dare say, he saw me. The boy said before, that he never saw me but three times in his life.
Court to boy. Are you sure, that this is the man that left that cloth with you? - Yes, that is the same man.
I am a constable. I produce some black oil-cloth, I had it from the Crooked Billet, at the bottom of Wych-street, the house the boy speaks of. I got it from the landlord; the prisoner was in the house laying with his head on the table.
Q. What day was it, do you remember? - The sixth day in the evening, about six or seven o'clock at night, I have kept it ever since.
Court to the boy. See whether that is the piece or not? - That is the same piece, I know it by this stamp, the duty mark, and because it is not cut even.
Court to prosecutor. See what number it is. - It is the same number as I presumed it was, 126. My man is in Court that made it, and he has a private mark on it.
I made it, and here is my marks on it, three marks; they had only fifteen pieces of this sort. I sent it all home to my master's house. I work for Mr. Bulmer. I manufacture for them.
Court to Bulmer. Did you know that he was going away from his place? - No.
Court to Lister. Did you know that he was going away? - No.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
28. MARY ODAM was indicted for stealing on the second of November , one linen shirt, value 8s. a child's muslino frock, value 2s. two child's cotton frocks, value 4s. a pair of cotton stockings, value 1s. 6d. and a linen towel, value 6d. the goods of Jeremiah Horrigan .
I am a fruiterer . I lost the things while the woman was minding the two children. My wife and I happened to be out at work; she is not here now. We have got a child dying at home, and she was obliged to be at home. This girl's brother happened to come to the house the same day we missed the things, when we came home, it was Saturday the 2d of November, we went out at ten or eleven o'clock that day. We came home about six at night.
Q. Were the articles in this indictment missing? - We owed this Odam a few shillings, and very possible she might take them on account of that, as she had a brother recruiting, and he called to see her.
Q. I only asked you, whether you missed the things, when you came back to your own house? - They were left out to wash, they were in the kitchen.
Q. Was she in the house when you came back? - Yes.
Q. Did she ask you for them? - No, my wife looked to see what was washed that day, and she happened to look for them, and she missed them.
Q. Did you know they were missing? - Yes, I was in the house at the same time. Then I went after a constable.
Q. This woman being in the house, did you ask her, whether the had got them? - Yes, I did; she did not deny that she had taken them; she said, she could get them again; she put me all of a slurry. I sent for a constable; she was rather in liquor, very possible, seeing her brother, and he was going into the country, and very likely, he had made her drink more than ordinary. I never saw her in liquor before.
Q. Did she say any thing about the money you owed her, that night? - She had not power to say any thing about it that time; I sent for a constable, and had her taken up. We saw some things just like them at the pawnbroker's, he had things just like them.
Q. Can you swear to them? - I cannot.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
I am a master bricklayer . Last Thursday morning week, I missed my cart from my door; I went to all the turnpikes, to see if I could hear which turnpike it went through; I missed it from before my door, Chapel street, Paddington, in Mary-le-bone parish . I missed it as soon as I got up. About half past six in the evening, one John Downing came from Brentford, and informed me the cart was there, and told me, if I would go with him to Brentford, he would shew me where the cart was, and likewise the man who brought it down. I went there, and found the cart at the Castle, in Castle-yard, at Brentford; I had taken the prisoner within half a dozen yards of the cart.
Q. Were there any horses in the cart? - Not when I found it; I took the prisoner and put him into Brentford cage; I never saw the prisoner before to my knowledge.
Q. Is there any number on your cart? - Yes, the number board is here broke all to pieces.
Q. When you lost it, was the number board on? - Yes.
Q. When you found it was there any remains of the number board? - No, the number board was taken away.
Q. If the number board was taken away how did you know it to be your cart? - By particular marks in the cart, the cart is made of each side with a whole board, not joined in two boards as many carts are, likewise the tail board is of one whole board, I know it by the copses which goes across from shaft to waft which goes over the horse.
Q. How long had you had this cart? - About a year and a half or two years.
Q. Was it a painted cart? - The wheels were painted red, I have no doubt but it is my own.
I live along with a gentleman at Brentford, a servant, the prisoner was absent from Tuesday to Thursday, he is a horse keeper , looks after the stage horses for the Brentford coach.
Prisoner. I hired him in my room to do my work while I was gone a couple of days.
Court to Downing. What sort of business do you do? - The gentleman that I am with, he is rather out of his mind, only fit to be with women, and I was hired to be with him of a night. The prisoner asked me to look after his work; I got out of bed on Thursday morning and I saw a horse tied to a coach wheel, the prisoner called me, and I asked what it was tied there for? the prisoner said have you got the key? yes, says I, come on, says he, and set the horses a feeding, says I, what horse is that? says he it is a horse that came down with me; I was doing his business for him while he was absent, he got me to do it without asking his master leave.
Q. What time did he come home that morning? - I went into the yard about a quarter after five as near as I can tell; the horse was tied to the wheel of the coach of one of the Brentford stages; after that I had set the horses feeding he said that he had got a cart up the yard and he would be glad if I would take the number board off.
Q. Who took it off? - He did, and after that, he went and concealed it in the dunghill; he then wanted me to conceal it away to be burnt, and I put it down and trod on it, and broke it, and takes it away to a public house, and put it together again, and saw it was the gentleman's board, where it belonged. I have got it here.
Q. What colour was the board? - Black.
Q. Did you shew the board to the prosecutor any time afterwards? - Yes, I brought it him, and shewed it him; I found Mr. Terry at a public house, just by his own house, at about seven o'clock in the evening, by enquiring all over Pancras.
Q. You found it at Brentford? - I did.
Q. You broke it at Brentford? - I did.
Q. How did you find your way to Chapel-street, Mary-le-bone? - By the direction on the board. I did not carry the wood with me, I carried him a bit of a note; he went with me to Brentford the same night.
Q. Did he know it? - He did.
Q. Pray, when the prisoner came home that morning, was he drunk or sober? - He was not drunk, nor yet sober; he is not a drunken man.
Court to Terry. Did you know the number? - It is forty-seven thousand some odd number, but I cannot speak positively; I have got it at home in some paper.
Prisoner. I had a wife come down to see me with two children. My master was gone out, and I asked my mistress to go out with them; I went out with them on Tuesday. On Wednesday morning there was a man called me up about half after four, who brought the horse and cart into the yard, and hallooed out postilion; I went to him, says he, my horse is knocked up, says he, give him a feed of corn, and take the cart in; and he desired that I would send them up to the Three Kings, Piccadilly, as soon as I had given him the feed of corn; he desired also to have the cart, and send the horse up by the side of one of the chaises, and he would call for the cart in the course of a day or two.
Terry. I missed this cart Thursday morning, and I found it concealed in his yard, on Thursday night.
Q. You said, you lost it from your door; did you leave it at your door? - There is a piece of ground opposite that, I have the liberty of putting it in. I saw it about five o'clock the over-night; I saw the man take the horses out.
GUILTY. (Aged 39.)
Recommended to mercy .
Imprisoned three months in Newgate , and fined 1s.
Tried by the Second Middlesex Jury before Mr. RECORDER.
30. WILLIAM THOMAS was indicted for burglariously breaking and entering the house of John Coleman , about the hour of seven in the night of the 16th of November , and burglariously stealing therein a feather-bed, value 2l. a looking-glass in a mahogany frame, value 2s. three blankets, value 12s. a brass footman, value 3s. the goods of the said John Coleman .
Q. Where did you first see him, after they had told you, that you was robbed? - I saw him first at the George, in Old-street; he was in two mens custody, and an officer; his name is Gass.
Q. In what situation did you find your house, when you went back? - I found the lower window shutter open.
Q. When you went out in the morning, I suppose, you left your house? - I did.
Q. Your house was not broke open before you went out? - NO, it must be after I went out, the last time; I went out the first time, at seven o'clock in the morning.
Q. You went out at seven o'clock in the morning, and you was told in the evening, that you was robbed. Now between that time, was it that your house was broke open? - It was.
Q. How did they get into the house? - By a ladder. I have two or three ladders laying in the yard; and there is one ladder put up, that reached to the one pair of stairs window; after that, they broke a pane of glass, and lifted up the sash, and got in. It is a new house, and the sashes were not hung; I had just fixed them in with two gimblets. One of the evidences out of the two is here, that saw the man go up the ladder, and get in.
Q. What did you miss, when you got in? - I did not miss any thing at all the bed and the three blankets were all tied up together, a looking-glass in a mahogany frame gilt, next to the glass, about an inch, this was taken down; a brass footman also was put by it, and there were about four pair of stockings, them hung on the line; they were laid on the blankets, all removed. The bed and blankets were brought together to be tied up, and the pier glass and footman, all laid as close as possible together.
Q. When had you last seen these things? - In the morning before I went out; they were in the bed-room, the room I lay in.
Q. Then I must ask you, whether they were in the same condition, as when you went out? - They were not; the bed was taken off the bedstead, and put near where they got in at, and the pier glass taken down from the wall, and put close by the bed, and the footman likewise; there was nothing tied up, but the blankets and bed.
I am a carpenter. I and another man were coming by together, by Mr. Creedland's house about seven o'clock in the evening, or half past six, or rather more, it was quite dark; it was the 16th of November.
Court to Coleman. What time was it you went home? - About seven o'clock, as nigh as I can possibly guess.
Q. Were candles alight any where or lamps? - Yes.
Q. Did he unbutton it from within or without? - When the prisoner at the bar came to the lower window, I caught hold of him and dragged him out; the other evidence standing by, came to my assistance; we took him to the public house, to the George, in Old-street; and there Mr. Coleman came.
Q. Did you observe any thing else about the house? - No, not at that time. When we had taken him there, Mr. Gass, the officer came, and we went to see in what situation the house was; this might be about half an hour after.
Q. In what situation did you find the house? - We found the bed removed to the window.
Q. Did you go up inside? - Yes.
Q. Was the bed tied up? - Yes, the pier glass stood by it and the footman.
Q. Was any part of the house open? - Not when we first went; they had shut the sash above.
Q. Did you see any ladder or any thing of the kind near the place? - Yes, I saw the ladder stand against the wall by the side that they got in at.
Q. Was it near the bed room? - Yes.
Q. Was it near enough for any body to get from the ladder into the bed room? - Yes.
Q. Did you observe that when you took the prisoner, or only when you returned? - Before I took the prisoner.
Q. Was the window broke? - There was one square of glass broke. I searched him at the public house, and found a keyhole saw, and a large gimblet, before the officer came; he said, the gimblet belonged to him.
I am a bricklayer. On the 16th of November, a woman came into my house about half after six in the evening, and told me there were two fellows lurking about Mr. Coleman's premises; I had a sword, and I took it and went out, and I saw one of them go into the one pair of stairs window.
Q. Where did you stand in the street or where? - On the corner of the street; one of them was in the bed room, and I saw the other go in and let the sash down after him; I only saw one go on then I stayed there about ten minutes for assistance.
Q. Was there a ladder at the window? - There was; they got from the ladder into the window.
Q. Do you know whether this window was broke or not? - I do not; there was a pane of glass out of it then, but I did not see him break it. About ten minutes after assistance came, we went to the door and they were coming down stairs.
Q. How many did you hear coming down stairs? - We heard two; one of them came to the door and tried the door, which he did not open it, and then he came to the window and opened the shutters, and I spoke to him and asked him what business he had there? he that made his escape, answered me he did not know any person lived in the house.
Q. Did he get away? - He got off; I catched hold of him but he jumped out of my hands, I could not hold him; the other came to the window and Squire put his hand in and took him
Q. Was you present when he was examined? - Yes.
Q. Did he give any account of himself there? - None. It was at the George, in Old-street, that I saw the gimblets taken from him and the saw.
I am a constable belonging to St. Luke's parish; I saw nothing of this but taking the prisoner into custody. I produce a gimblet and a keyhole saw.
Court to Creedland. Was there light enough to distinguish this man's face when you saw him? - No, it was quite dark.
Q. How could you manage to see the man at the window? - It was not so dark but I could see a man get off the ladder into the window, but I could not distinguish his features.
Court to Prosecutor. Now, the last time that you went out what time was it? - It might be about twelve o'clock, I had not dined; I dine out of doors.
Q. Did you lock the door below after you? - Yes.
Q. When was the last time you was in the bed-room that day? - The last time was in the morning when I got up, and I went up there when I went home.
Q. What was the time of the day in which you was last in the bed-room before the prisoner was taken? - About eleven or twelve o'clock, I went up to get a clean shirt.
Q. Was every thing safe? - It was.
Q. Was the window whole? - It was.
Q. Was that window left open or fast? - It was fast, the sash was not hung; I fastened two gimblets at the top of the lifting up sash.
Q. Is there one window to the room or more? - Only one.
Q. In what manner was the glass; was it broke or clean cut out? - It was broke in and the pieces all lay on the floor; it was not taken out whole.
Q. By breaking that pane of glass could they get at the gimblets? - They took out the gimblets, there was nothing wrenched or forced.
Q. Look at that gimblet. (Produced by Gass.) Did you miss a gimblet? - I did, and this gimblet is very much like it; I missed one and the other I have at home now; I rather think the gimblets that I fastened them down with, seemed to be more newer than this.
Q. What do you think the blankets are worth? - Twelve shillings, I think they would fetch that. I value the looking glass in a mahogany frame, at one pound; the bed at two pounds; the footman at three shillings; it cost me six.
Prisoner. The time I was taken the witness in the green coat, he catched hold of me, I was not near the building; he catched hold of me and he says to the other, here is a sure forty pounds; why did not you lay hold of him? I have nothing else to say in regard to that.
Court to Creedland. Did you go from the house to get assistance? did you leave the house? - I did not; Squire was coming down the street, I never left the premises.
The prisoner called one witness to his character.
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
Francis Fisher , wherein was a great quantity of human filth, then and there did cast and throw, by which said casting and throwing, so alive, into the privy aforesaid, as well with the excrements and filth aforesaid, the said female child was choaked, smothered and suffocated, of which it instantly died; so the jurors on their oath say, that she, the said bastard child, did kill and murder .
Again indicted, for the like murder on the Coroner's inquisition.
The case was opened by Mr. Const.
Q. Do you know what day of the month this happened? - I do not know what day of the month.
Q. What month was it in? - Sunday night.
Q. Was it last Sunday or last Sunday week? - Last Sunday week; I went down stairs to draw some beer, I see Nanny, and I said to her, your mistress has been enquiring after you, and wondered where you are; she did not make any answer; I drawed my two pints of beer, and I heard the voice of a child.
Q. Where did the voice seem to come from? - From the coal hole, that was the place the woman came from.
Q. Do you think you heard evidently the voice of a child? - I certainly did hear the voice of a child; I left the woman there.
Q. Where did you go then? - I went to carry the beer out and returned in about a quarter of an hour, and returned to the cellar and did not see her there; I went down the cellar to draw some more beer, and when I came up I went and carried some more beer out, and when I returned, I saw her in the vault.
Q. How long a time might this be from the first time you saw her? - It might be better than three quarters of an hour.
Q. Where is this vault situated? - In the yard.
Q. Where was you that you could see her in the vault? - I was going down the cellar, I turned my head about and see her.
Jury. Had she a candle? - Yes.
Mr. Const. What was she doing at that time? - She had a kind of a white stick in her hand; I did not stop to look much about it.
Q. How was she employed? - I did not stop a minute to look, I did not take any particular notice.
Q. How soon did you see her again? - After that, I saw her and she came to me on the stairs and asked me to go and get her an apron down stairs.
Q. How long was that from the time you saw her in the yard? - It might be an hour or more; I cannot tell indeed.
Q. Was the vault door open or shut? - It was open.
Q. Did you bring her the apron? - Yes, I went up into the garret and brought her down the apron; more than that, she told me if my mistress asked
Q. How soon afterwards did you tell any body? - I told it to my washerwoman, on Monday the next day.
Q. Did you tell her merely the circumstance which you have related? - I told her my suspicions, and the came and told my mistress of it. I told her I had heard the voice of a child.
Prisoner's Counsel. What makes you tremble so? look at the jury; stand up. What is this girl at your house? - A servant maid .
Q. Carries pots, a very heavy weight, does not she carry? how often was the up and down stairs on this Saturday? - I generally go up and down stairs and leaves her to mind the pots.
Q. You say the interval from the first time you saw her in the cellar to the second time you saw her, how long might it be? - It might be an hour.
Q. Do you remember what time you told the magistrate it was between the first time you saw this girl in the cellar and the second time? this was about eight o'clock, was it not? - Between eight and nine.
Q. Do you remember what you have sworn? - I don't know that I have sworn any thing else.
Q. Was not you carried before the magistrate, and was not he about to commit you? - I don't know that I am sure.
Q. Have not you positively sworn the girl was never out of your sight between the hours of seven and eleven the same evening? No, I never did say so.
Q. You will put your whole credit to the jury on that assertion; look at the jury sir. Will you answer that question or not? - I cannot.
Q. Have not you sworn before the magistrate that, on that evening, between the hours of seven and eleven this girl was never out of your sight above a quarter of an hour? - I don't know that I have indeed.
Q. Nor you have not told any body so? - I did not say any such thing.
Q. Then if your memory is no more correct about those facts that you have sworn to, I believe the jury will not convict on such testimony. Now, I warn you that you have sworn already that this girl was never out of your sight that evening from seven to eleven, above a quarter of an hour? - I said, a quarter of an hour between drawing the two pints; it was a quarter of an hour before I returned.
Q. How long might it be before you saw her the second time? - It might be three quarters of an hour.
Q. You said, you heard the voice of a child crying? It was a kind of a quirk, that I heard, it came from the coal hole.
Q. How do you know it was the voice of a child? was you ever present at the delivery of a woman? - Never.
Q. How do you know what sound a child makes when it first comes into the world? you never heard a new born child cry? - I never knew till Mrs. Davis told me.
Q. Then of your own knowledge you cannot say it was the voice of a child? - I cannot of my own knowledge.
Q. Was not there a search made in this coal hole afterwards when you was present? - Yes, there was a search made, the jurymen took notice of the place.
Q. Was there any appearance of any woman being delivered in that coal hole? - I never mentioned such a thing.
Q. I ask you the question? - There was not.
Q. Was not the door open? the was not endeavouring to conceal what the was about? - I don't know what the was about.
Q. She was not attempting to conceal what she was about? I cannot tell indeed.
Q. Might not any body that past in that yard have seen this woman as well as yourself? - There was nobody there but myself; they might have seen her if they had looked; the door was open.
Q. Now this stick that she had in her hand, will you swear it was not a mop? - I don't know, it was a white stick, I could not notice, I was in my business.
Q. Then the whole perception you had of this woman in that business was by a glance? - It was.
I keep the sign of the George, in Grafton-street, Soho. On Monday the 25th of November, I had been out and returned about the middle of the day, at that time I was made acquainted with some suspicions concerning the servant.
Q. What time did you go out? - About eleven o'clock, and returned about a quarter before three.
Q. What did you do in consequence of what you heard? I sent to Mr. Bradford.
Q. What was told you? - That the boy had accused the girl of being delivered of a child in the cellar, murdering it and putting it down the vault.
Q. You say you sent for somebody? - I sent for Mr. Bradford, a surgeon and apothecary, who lives at next door, he did not come as quick as I expected and the horrors of my mind was so great for fear the parties should escape, I took them both up into my own dining room; I asked the boy what all this piece of work was about? He said he would tell me; says I, tell me the truth and nothing but the truth, before you mention one word tell me no more than you know; this was in her presence; he then told me that he had heard a child cry, and when he said that, I said, are you sure Joe? he said, I am; the girl made answer to the boy and said, Joe, it is no such thing; I asked the girl if she was delivered of a child or not? she said she had had a miscarriage on the vault; I asked her if the child was alive? she said not that she knew; I said that must be proved at a future day. After that I came down stairs, in the mean time Mr. Bradford came in and took the woman up, and went into the dining room with her.
Q. Did you do any thing in consequence? - Not at that time; when Mr. Bradford came down stairs he said it was to him as if she had had a miscarriage; I applied to the magistrate in Marlborough-street at six o'clock, I told him that the boy said there was a child down the vault; he desired me to return back and get the boy, and girl, and doctor, and all in a coach there; I said I will do it with pleasure. I returned home as soon as I could, and took them all to Marlborough-street; he examined the last witness, and the girl was committed; I could not get the vault emptied immediately, and therefore the magistrate said he would not have her up again till Wednesday; however I was anxious in my mind, and I had a scavenger to be let down with ropes on Monday evening, the child was found, the surgeon was present within a minute or two; I washed the child myself in a tub of water; just as the child was cleaned, I was
Q. Did you see any blood about the child when you washed it? - None about its head, or navel string, it was in such a dirty condition that you could not see any clot till it was washed, and in washing it would go off; but I do not believe there to be any, I had it taken up stairs, and the coroner and jury sat on it.
Court. Did Ainge say at what time on Sunday evening it was?
Mr. Const. I took it down between eight and nine.
Fisher. On Tuesday the coroner sat, and they did not agree in their verdict till Wednesday night; on Wednesday I went up to the magistrate.
Const. Then it was Wednesday night that she was committed? - She was committed at the very first.
Const. On Wednesday did you search her room? - I did, the room the slept in, but I did not find any thing that had the least appearance of a child or blood, or any thing. To the best of my recollection on the Thursday following I found an apron, a shift, and an under petticoat in a pair of old drawers, that the used to put the clothes in.
Q. Had you looked into the drawers on Wednesday? - I had not; I had looked under the bed and almost every other place; the things I found were in such a situation that I should suppose as a married man, she had been in that situation of being delivered.
Prisoner's Counsel. This woman was your servant.
Q. You never see any thing in her but what was humane? - I have no reason to speak of her cruelty.
Q. When the boy charged her with this she said she had miscarried? - Yes.
Q. Did not Ainge tell you that the girl was never out of his sight from seven to eleven, except a quarter of an hour? - That was my evidence, if you look to the examination, on Sunday evening I was at home.
I am a surgeon; I was sent for on Monday the 25th of November last by Mr. Fisher.
Q. I beg you will state all that you observed, respecting the child, and every thing that past before you? - On the 25th of November last between the hours of three and four in the afternoon when I attended, Mr. Fisher informed me what had happened in his house, that his girl had murdered her child, destroyed it, or words to that effect; in consequence of which I called the girl into a room, and asked if that report was true? I asked her if she had been with child? her answer was, she did not know, I asked her then what could have given rise to such a report? she said she found herself indisposed and went to the vault, and something had come from her when she was on the vault. I asked her then if she did not know whether it was a child, or what it was? the said whatever it was it was in the vault, that was all I could get from her. About twelve o'clock the same evening, I see the body of a new born infant in Mr. Fisher's yard, I mean the child that was taken out of the necessary; I was in the house when it was taken out.
Court to Fisher. Was you present when Mr. Bradford saw this child? - Yes.
Q. Was it the same child as taken out of the vault? - Yes.
Mr. Const to Mr. Bradford. Did you observe any symptoms about this child, or mark? - I observed no marks of violence whatever, it was a very fair body, there was a slight bruise on the top lip, but of no-consequence whatever; I ob
Q. From your medical knowledge, can you take on yourself to say whether the child was born alive or not? - No, I cannot.
Prisoner's Counsel. Private births are very unfavourable to the lives of the children? - They are generally, and to very healthy children too, to all appearance.
Q. I believe you have known many instances of women being delivered suddenly in a vault? - I have known instances where they have been delivered in a room on a close stool pan.
Mr. Const. You did not open the body, or make any experiment on the lungs? - I did not, because those experiments have failed me many a time.
I am the constable belonging to Marlborough-street; I was employed to search this girl's box; I found no child bed linen whatever, or any thing of the fort.
- OUGHTERLONY sworn.
The prisoner at the bar lived with me I think about a year and ten months, to the best of my recollection; I had three children, she was humane and tender, I never had a servant like her, neither before nor since, so affectionate and tender to children; I had the misfortune to loose her mistress, three of the children were committed to her care, and she shewed all the tender affection and humanity that any tender mother could; she was fond of children to a degree; she was a remarkable character.
Jury to Bradford. Are you able to say whether she went her proper time? - In all human probability she went her proper time, but as to say to a week or a fortnight it is impossible.
NOT GUILTY . on both Counts.
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
32. EDWARD COFFIELD otherwise CAUFIELD was indicted for that he not having the fear of God before his eyes, but moved and reduced by the instigation of the Devil, on the 31st of October , on Mary Hogan , spinster, in the peace of God and our Lord the King, feloniously, wilfully, and of malice aforethought, did make an assault, and with a bayonet made of iron, value 4s. which he in his right hand then and there had and held, in and upon the left breast of her, the said Mary Hogan , did strike, stab, and penetrate, giving to the said Mary Hogan , with the bayonet aforesaid, a mortal wound, of the width of one inch, and of the depth of five inches, of which the instantly died; and so the jurors on their oath say that he, the said Mary Hogan did kill and murder .
He was indicted also for the like murder on the Coroner's inquisition.
I am a plaisterer; I was on the 31st of October at my father's lodgings when the prisoner was there.
Q. Do you remember all that passed after Coffield the prisoner came in? - Yes, it was between four and five in the afternoon; my brother, the prisoner, and I, and my sister, and that young woman that is out of doors, we all four came in together, we had been to the Duke's Head, and had a glass of liquor a piece, a glass is half a quartern, it was gin, we then went home.
Q. Had you no more than that? - No, we went home to my sister's place, we all returned there with her; she lived in Dyot street , in Mr. Halson's rents; when we went into the room the prisoner walked backward and forward three or four times in the room, and he said, Mary, I have got a question to ask you, well, says the, what is it? says he, what
Q. When was it she said that? - She told him it was a lie, she had received but two, and he said she had received three; and says he, will you tell me it is a lie? and he struck her.
Q. In what manner did he strike her? - With his hands on her face, his hand was shut, he struck her right on the face with his fist, and called her a whore, and the went to the window and laid hold of the kettle and said, you soldier built thief,
Q. How far was this from the window where he called her a whore? - It might be a yard from the window, not farther. She said you soldier built thief, I am no whore; and immediately she went to this kettle and laid hold of it, and threw it at him, and it fell on the ground.
Q. Which way was you looking when the kettle fell? - I was looking at my sister.
Q. Was you with your back to the prisoner, or side? - My side was to him; I saw him as well as her.
Q. You say the kettle fell on the ground, where did it strike? - I don't know indeed whether it hit him or no; it was an empty tin kettle, to the best of my knowledge.
Q. Cannot you tell whether it struck him or not? - I don't think it did strike him.
Q. Whereabouts did it fall on the ground? how near to him? - It fell pretty near him.
Q. Let me know how near it was to him when it fell? - Within four or five inches; and this woman that is out of doors, went to my sister and put one arm round her face, to save her head from being hit, for fear he was going to hit her any more.
Jury. Was he at that time in the attitude of striking your sister at the moment? what was he doing at the moment the kettle fell? - He was standing close by her, about half a yard off.
Mr. Const. You told us that the went to the window about a yard off and that the kettle fell within two or three inches from him, had the come nearer to him from the window again? - No, she was much in the same place.
Q. At the time this young woman put her arm round your sister's neck what did he do? - He said there is your brother, why don't he take your part? what can he do? this was after she had her arm round her neck, in a minute's time while this young woman had her arm round the neck of my sister, she cried out, Jack! Jack! here is blood.
Q. Immediately before she cried out did you see her do any thing? - I see his arm go with a terrible rush, but I did not see the bayonet in his hand.
Q. Had he any bayonet about his person? - Yes, he had, it was in the belt, I see the motion of his arm but I did not see him draw the bayonet nor see the bayonet in his hand, but the young woman said, Jack! here is blood. I make no doubt if I had looked round after him I I might have seen the glimpse of his bayonet.
Q. Did you see it afterwards? - I did not, I was so much confused; I went immediately to my sister and I laid her on the side of the bed, the young woman fell a crying and I told her to run for a doctor, when she said here is blood, the prisoner said, blood indeed! I will go fetch a doc
Q. Do you know where he went to? - I do not, but I believe he went home.
Q. What happened after he was gone? Nothing else, no further than the young woman went for a doctor and fetched one, but she was dead when the doctor came.
Q. How long was it before your sister died? - Four minutes at the outside; I pulled her handkerchief on one side and there I perceived the wound on her left breast.
Court. This deceased was a near relation of the prisoner's? - Yes, she was a sister by the mother's side.
Q. How had they lived, had they lived on a friendly footing? - Yes, they seemed to be very social, and were so before they went up stairs; this man was a soldier in the Middlesex militia for seven or eight months.
Q. How long had he been at home? - He came the Wednesday night, and on Thursday this was done.
Q. What was his situation, a single man or a married man? - A married man, he has a wife and child.
Q. Where were the wife and child? - At home, in Steward's rents, Drury-lane.
Q. How long had you been in company that day? - From four o'clock.
Q. You went to the Duke's Head? - He came to me at my work.
Q. What day of the week was this? - Thursday.
Q. Where did you work? - In Devonshire-place.
Q. What was your work? - A plaisterer.
Q. At what hour did he come to you? - Half past twelve.
Q. Where did you go? what became of you from that time till four o'clock? - I went along with him to his comrade, to his corporal.
Q. Had you any drink? - Yes, part of a pot of beer.
Q. Only one pot? - No more, from thence we went to my landlady's.
Q. Had you no more liquor before you went to the Duke's Head? - No.
Q. Had he seen his sister before that time since he came home? - No.
Q. You went then to your father's where you found your sister that is dead? - Yes.
Q. Do you think he had seen her before since he came home? - No, I don't think he had.
Prisoner. I had seen her the Wednesday night before. - I don't know whether he had or no.
Q. Do you remember on the 31st of October seeing the prisoner? - Yes, I saw him in Mary-le-bone; I was crying my fish about the street, and the prisoner at the bar, came up to me and said well met; says he, I am very glad to see you; I wanted to find out my brother, and you can tell me where he is; says I, if you go to Devonshire-place you will see him; says he, will you give me any thing to drink? so with that he and I had half a quartern of gin a piece, and he took me round the neck and kissed me, and he said he was going up to his brother for he had two or three questions to ask him; says I, I with you will tell Jack to come to my place, I want to see him. In about half an hour after, I was crying my fish about Mary-le-bone, I went to Devonshire-place, and I met him again, and he went and told his brother that I wanted to speak to him; with that the prisoner at the bar said to me, Margaret, I am going along with my brother, what time shall you be at home? I told him I would go home directly; I went home directly
Q. Were they in company with her before? - Yes, she left them at the Black Horse, Tottenham Court Road, and they followed her, and we went in to the Duke's Head, and had a glass of gin and bitters a piece, four half quarterns; immediately as we were coming out, the prisoner at the bar said to Mary Hogan , now I have got a question to ask of you; with that the and I came out of the door together; the said, come Margaret, we will go up stairs to my room, and we will have a pot of beer; her room is in Dyott-street, up one pair of stairs, at a barber's shop; with that we went up into her room, four of us; the deceased and I went up first, after that the two brothers. The deceased and I sat in a chair almost together, the prisoner at the bar walked up and down the room twice, and then he says to the deceased, what is the reason you did not shew my brother the three letters? he says you gave him but two; f gave him two and two I kept, which an undoubted right I had to do because I paid for them; why, says he, I gave you three; you lie, says the to him; what says he, you whore will you give me the lie, and immediately he upped with his right hand or left, I will not be sure which, and he struck her a violent blow on the right side of her eye; with that he said, there is your brother Jack, why don't he take your part? with that she got up and the said, I am no whore; and the said, you soldier built thief and went to the tea kettle, and said, you shall not lick me, and immediately she went to throw the tea kettle and I went to her and she heaved it at him.
Q. Can you tell whether it touched him? - I cannot positively say, but she chucked it very violently by me.
Q. Did she throw it as if she meant to hit him? - I cannot say, but if she did; I stooped with my left hand while my right was round her neck to prevent her heaving the tea kettle, but I could not, and when I raised myself up, I felt something wet on my right breast where the deceased's head laid; she sinked into my breast, and the prisoner's left arm leaned very heavy on my shoulder, and when I stooped up again, I perceived the blood on my right side of the handkerchief, and I looked down so, and I saw blood, and I said, O dear, O dear, here is blood! I said that; he said, blood indeed! and I will fetch a doctor; and Mr. Hogan immediately came up to the assistance of me and my sister, and I just discerned the glimpse of the bayonet down by his right side but not to discern it perfect in his hand; on which Mr. Hogan and I led the deceased to the bed, and the prisoner went down stairs before ever we offered to lead her to the bed.
Q. Do you know where he went to? - I do not.
Q. Did this man use to write letters to his sister? - He wrote two letters, which we had from him.
Q. At the time you were in the public house were you all good friends? - Yes, when we were drinking at the bar.
Q. Were any of you in liquor? - Yes, the prisoner at the bar was rather intoxicated in liquor.
Q. Had she been drinking any more than what you have given account of? - I don't know any more than that one glass.
Q. Did she seem to be sober? - She seemed so to me.
Q. Was you yourself sober? - Yes.
Q. And Hogan? - Yes, I think he was very sober.
Q. Was the tea kettle empty or full? - It was an empty tin kettle, with never a handle; an old tin kettle that stood in the window.
Jury. Did the prisoner ever return? - No, never came back nigh the place; he sent his little boy that afternoon, and he said, where is my aunt? I said, here is your aunt, your daddy has killed her.
Q. Did you ask him if his daddy was at home? - I did not.
Q. When was he taken up? - That very same night, as the gentleman told me he was found at home in his own place.
I am a peace officer; I was employed to apprehend the prisoner, on the 31st of October, between six and seven o'clock in the evening; I found him in the house where he lodges.
Q. Did any thing particular pass? - Nothing particularly passed; I said to him, Ned, come here, I want you, and he turned about, and he had this bayonet in the belt, and I drew it out; he said, you need not have drawn it, I should not have used it; no says I, it is no matter, will you go along with me? he said he would; says he, what is it for? why, says I, you are accused of murdering your sister; aye says he, a fatal day for me. That was all that passed,
- OGLE sworn.
Q. Did you see the body after it was dead? - I did.
Q. Can you say whether the wound you saw there was the cause of her death? - It was; on a particular examination of the body at the time of the Coroner's inquest was taken, I found the wound had entered into the cavity of the lungs.
Q. Can you tell what instrument it might be made by? - It had a triangular external appearance, very much like such a wound as might be made by a Bayonet.
Q. Which way did the wound incline? - On the upper part of the left breast it entered, and inclined downward towards the right side, so as to be a very short distance from the heart.
Q. From the particular situation of the wound, in what manner must that blow be given? - It appeared to me on examination of the body, it must be given by the man's right hand, standing facing the woman, for it was at the upper part of the breast, inclining downwards towards the right side.
Prisoner. I came up on Wednesday night from St Stafford, I, and five more of my comrades, in order to see our wives and children; when we got into London, I went home to my wife and children, after I had sat about a quarter of an hour with my wife, I said, I will go up andMargeret Marshall , the put her basket down and killed me and I her; I then went to my brother's pay table where I had a pint of beer; my brother came in between twelve and one, he was very glad to see me; him and I came away together; in our discourse he says to me, how many letters have you sent since you have been away? I told him I had sent five; he says, what a deceitful girl my sister must be not to deliver them to me, the is a very deceitful girl, and as you are here we will go up and have it out about the letters; I told him, no, I had took my leave of her, and I had to meet five of my comrades in order to go and join the regiment that night; however, by his persuasions I went up, when he says to his sister, Polly, how many letters have you had from Ned? she said, what is that to you? I said, you are a deceitful girl not to shew them to your brother; no, says she, I will not shew him, I will see you d-'d first, and some more words ensued; with that, she flew to the window and caught up the tea kettle and flung it over my left leg, which was always very tender; she then turned herself again to lay hold of something also, and swore she would cut me down if I did not quit the room; she then instantly stretched her hand across to my bayonet, I put my hand out to prevent it, and how it happened the Lord above knows, I don't know.
The prisoner called his corporal and two more who gave him a very good character.
Court to Hogan. You was sometime with the prisoner before you saw your sister; had there been any conversation between you and him about the letters he had written while he was absent? - Yes, he asked me how many letters I received? I told him two, he said, he sent five.
Q. Who were they sent to? - My sister gave me the two.
Q. Did you complain to him of not having the rest delivered to you? - I did not complain to him about them, he spoke to me.
Q. What did he say? - His sister was a deceitful woman for not shewing them me, that was all that passed.
Q. Did either of you propose to talk to her about it how it happened? - We did not say a word to her about it, not then.
Prisoner. Whether you did not say to your sister first, that the was a deceitful hussey? - I am on my oath I did not say it first.
Of Manslaughter . (Aged 33.)
Imprisoned in Newgate for twelve months and fined 1s.
Tried by the first Middlesex Jury before the Lord CHIEF JUSTICE.
I lost three pair of worsted stockings on the 25th of November, from Strutton Ground , I saw her in the shop and going out of it; I keep a hosier and haberdasher's shop ; I saw her putting something in her apron as the was coming out of the shop, and I followed her to the door and sent a child after her and brought her back; she took them herself out of her apron and said, she had taken them but distress drove her to it, and she put them on the counter.
Q. Before she acknowledged this had you given her any reason that you would not prosecute her? - I did not say any thing to her.
Q. Had you made use of any expression to frighten her? - I had not.
Q. What followed after this? - I took her before the magistrate and she was committed.
Prisoner. They were stockings that I picked up at the door.
I know as far as this; I was coming by the door and the woman was coming out of the house, Mrs. Barrow came out after her, and gave orders for her to be stopped, for she had robbed her of three pair of stockings; she was brought back and she gave her three pair of worsted stockings, and said, that she had taken them out of distress; I saw her take the stockings out of her shop; she said, she hoped Mr. Barrow would not hurt her as she had brought them again, and that she had taken them out of distress.
Prisoner. This is entirely done through a little malice that passed about a month ago between the prosecutor and me; I sell fruit in Covent-garden market , and the prosecutor came and asked the price of some fruit; I said, it is to dear for Irish people, it is only fit for English people, and so she went and took an oath that I struck her. It is entirely through spite that she has brought me here; I had no money to send for any friends, or else I could have got them here to speak in my behalf, where I have lodged for five years.
GUILTY . (Aged 35.)
Imprisoned three months in Newgate and fined 1s.
Tried by the first Middlesex Jury before Mr. Baron PERRYN.
I was robbed on Monday last, about half after five in the afternoon, I pawned my watch for twelve shillings, and I sold it out and out, for twenty-seven shillings, and I went into a public house to spend a shilling out of the money;Duck-lane , I believe it is; when I had spent my shilling I felt myself unwell; the woman lives next door to this publick house, and the fetched me a tap on the breech, and I told her to let me alone, for I was not well; there were two recruits in the room with her, they came from the recruit house to the Barracks, these two men came to this woman's house, I went into this house, and into this room, and there she locked me up while she went out, and there I fell into a fit, and I was coming to my senses at the time she came in; I am sure the money was in my pocket when she came in, she came in and unlapped the paper, and poured it into her hand; I said, if you please, God Almighty bless you, do give me my money again; she said, b-st and b-gg-r your eyes, I have got none of your money; the went out of the room and locked me in till from about five o'clock till eleven, and she was as drunk as ever she could stand; I broke the door open to get out; then I saw her in the public house, and I charged the watch with her; I asked her there for my money.
Q. Did the watch take her? - Yes.
Q. Was she searched to see if she had any money? - Yes, she had five shillings and six-pence in silver, and a penny farthing.
Q. Was you sober at the time? - Yes, I was.
Jury. You said something about fits? - She locked me up when she went out, in the mean time I had had a fit, and was coming to myself again before the woman returned.
Prisoner. This young man is a particular acquaintance of mine ever since he has been in town, and he was in my company every opportunity he had, he came to me at the Star and Crown, where I was charing, very much intoxicated in liquor, and he asked me to let him go and lie down before he went to the recruit house; I said to my mistress, let me take him home and I will come back again directly; says she, don't stop, and you may go; when I got to the room he insisted on my going on the bed with him, and I did; we got up again, and he sat by me, and in come these two recruits, his two comrades, he fretted about something, one of his comrades said it was about a young woman that he had left at Coventry; he fell into a fit, and it was as much as ever his two comrades could do to hold him; he came out of that and fell into another fit afterwards, and he came to himself again, and went into another; he was in three fits before he was sensible; then his comrades desired me to let him lie down, and he asked himself to lay down, and I throwed the bed quilt over him to cover him; they said if he would lay down they would fetch him when his name would he called over, which would be at nine o'clock; they went with me to the Star and Crown, and they promised me faithfully they would go for him, but they did not; before I could get home he came to me to the public house, and charged me with the robbery. I never saw his money; the constable of the night searched me, I had five shillings in my pocket, and some few halfpence, that was all the money I had; and if I had five shillings in silver I had received seven of my mistress to go and buy some shoes, and the lent me the money before hand; this young man took his oath at the police office that I was the woman that robbed him; after he took his oath to that he wanted to go back again to the office, says he, I will go
I was a constable when the prisoner was brought into the watch-house to me, I searched her and I found five shillings and six-pence on her, and some few halfpence; she had been drinking a little, but not to say very forward; I can give her no character, I had seen her once or twice, or three times before.
GUILTY . (Aged 35.)
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
35. DICE BAUKER was indicted for stealing on the 29th of November , thirty pounds weight of refined sugar, value 1l. 10s. seven pounds weight of cheese, value 3s. five tallow candles, value 4d. the goods of William Dowgood , John Danvers , and Henry Cereakers .
I am a sugar refiner , the man was a servant of mine, and he stayed out of nights, and I had a suspicion, and I went and looked into his chest; he was a clay-maker , what we put on the tops of the sugars. I missed this property, that is, I found the sugars in his chest, some cheese, and eleven candles.
Q. Where was this box? - In the room where he slept; the prisoner unlocked the box, I told him to do it.
Q. Was he then in your house at work? - He came for his money to leave us; he would not come any more.
Q. Was he at work that morning? - No, he was not; he was at work the day before.
Q. Do you remember the day of the week that you examined the man? - On Friday.
Q. Did he apply for his wages before he went that morning? - He did not.
Q. How much did you owe him? - He lived as nigh as I can guess with us about six weeks.
Q. How came you, as he went away that morning, to find him to get at his box? - I stood at the door as he came home; he went out on Thursday night without leave, he lodged in the house.
Q. Now as to the articles that were in his box; you say, he gave you the key, and he opened it? - He did.
Q. What became of the things? - They are in the constable's possession.(Produced by the constable.)
Q. Did you know the things immediately, that you say to be your's? - I did not swear them to be mine.
Q. Then you cannot speak as to the loss of these things? - I cannot.
Q. When this box was opened, did the prisoner say any thing at all to you about the things? - He told me, that it was not he, that put the sugar there, that was all he said.
Prisoner. I have to this time served him faithfully? - He has.
Court. Has this man always been in this state with his head being fixed? - He appeared like other people then; he had it not on Friday.
Q. Can you prove that these things, that were in the box, was the property of Mr. Cereaker? - I cannot say they were his property. I was present when the box was opened, and the prisoner said, that he did not know who put them there.
- MEYER sworn.
I live in the family of Mr. Cereaker. I can swear to two pieces.
Q. Was you present when the box was examined? - I was not; the man told me, that he only took one piece of sugar and the candles; I did not see him take them.
Q. Can you swear that any belonged to Mr. Cereaker? - I cannot.
Q. Can you swear to any sugar? - No.
Q. Can you swear to any candles? - No.
- COMELY sworn.
I was sent for as the constable. I was present when the things were taken out of the box, the things were in the box when I was in the room; I saw them in the box; I have had the key of the box ever since. I know nothing whose property it is.
Not GUILTY .
Tried by a London Jury, half foreigners, before Mr. RECORDER.
36. JOHN KEARNES was indicted for stealing on the 22d of November , twenty cut glass salts, value 7s. eighty-nine glass pepper castors, with copper tops, plated with silver, value 10s. the goods of James Green and Charles Limpus .
The cause was opened by Mr. Knapp.
Q. In consequence of any information, did you miss any glasses? - I did; in looking into some particular binns, we had suspicion for a long time; in consequence of which, we discharged two servants; we missed the glasses immediately on the information. I missed twenty six glass-sellers.
Q. Did you miss eighty-nine glass pepper castors? - I don't know particularly.
Q. What day of the month was this? - Friday, the 22d of November.
Q. In consequence of that information, what was done? - I immediately went to Mrs. Thomas, in Ivy-lane, Newgate-street; she is a witness. When I came, I saw twenty glass salts, and eight pepper castors.
Q. Who shewed them to you? - Mr. Thomas.
Q. Did they answer the description in the indictment? - They did.
Q. When you saw them there at Mr. Thomas's did you know they were your property? - I am well convinced they were my property.
Q. Had you any other in your warehouse of the same pattern as those? - A many
Q. I am now speaking of the pepper castors? - I have no doubt but they are my property, but they are general in the trade.
Q. Besides the pepper castors did you see any thing else at Mrs. Thomas's? - Nothing but the pepper castors, and twenty salts. With respect to the whole I am well convinced they are mine; I am at a certainty about it, that they belong to me.
Q. Will you state to the court some of the glass salts, why you are able
Q. When you saw the glass cellars and pepper castors, were they delivered over to you by Mrs. Thomas? - They were offered to be delivered up to me; Mrs. Thomas kept them till such times as an officer came and took them from her.
Q. How long afterwards was the prisoner taken up? - It was on the Friday, that I received the information, and it was the Friday evening that he was taken up.
Mr. knowlys You have no other person that is interested in your trade, except Mr. Green? - No one at all.
Q. You say you missed twenty six salt cellars; you have only been able to find twenty, and these twenty of several different patterns? - No.
Q. You never saw these in the possession of the prisoner? - I certainly did not.
Court. Do you swear that you missed any of the salts? - I do.
Q. Did you miss them from any particular spot, or do you mean to say you was deficient in number? - I missed some things in the indictment before the prisoner was taken.
Q. I ask you with respect to these salts? - I missed them from the binn, where we keep the articles in.
I live at No. 16, Ivy-lane, Newgate-street.
Q. Do you know Mr. Limpus, the last witness? - I never knew him till he came to my house on Friday evening, the 22d of last month; the goods were brought to me, by one Mrs. Batty, the salts and silver top things; I detained the party, and did not buy them; she said, she had lent a man ten shillings on them. I asked her to go backward, I had a customer in the shop; after Mrs. Batty had brought these pepper castors, she went away.
Q. Did you purchase them? - No, nor bid her any price.
Q. How many salts were there? - Twenty-eight articles in all, salts and peppers.
Q. How many salts? - Eight, and four blue.
Q. Were they the same you shewed to Mr. Limpus? - Yes. I went first to Mr. Neale, and asked him if they were his? and the constable afterwards came and took them with him.
Q. How many were delivered to the constable? - The whole twenty eight articles that are here now. I went to Mr. Neale, and told him that such things were brought to me for ten shillings, and he sent one of his young men up to me, and he asked for four of them, to take and shew. He asked me leave, whether he should take the four?
Q. Did he bring them back to you? - He did with the owner, and the owner said they were his.
Q. Were those that he brought back again the same that he took away? - For any thing that I know they were.
Q. Do you believe them to be the same? - I do.
Q. When they were brought back the prosecutor said they were his property? - He did.
I belong to Messrs. Neale and Bailey's, glass warehouse, St. Paul's Church-yard.
Q. Do you know the last witness, Mrs. Thomas? - Yes.
Q. Do you remember her coming to you at any time, and when? - I was
Q. When you had been there did you bring them back again, or where did you take them to? what sort were they? - A pepper castor, and two salts I think I carried with silver, or silver plated tops.
Q. After you had been there what did you do then? - Mr. Limpus and I went to Mrs. Thomas together, this was in the afternoon that Mr. Limpus and I went to Mrs. Thomas's, I think it was on Friday week, the same day I was there in the morning, about three weeks ago.
Q. When you went back to Mrs. Thomas's I take it for granted you took these salts back again with you? - I did. We looked the whole of them over, then they were left there at Mrs. Thomas's; I went with Mr. Limpus for a constable, we got a constable and went to the house of a Mrs. Batty, of whom Mrs. Thomas said she received them, and I stopped there while the constable and Mr. Limpus went and apprehended the man.
Q. I want to know just for form sake, whether the same articles you took away, were the same articles you brought back again to Mrs. Thomas? - They were the same.
Mr. Knowlys. You don't know whether you took two, three, four, five, or six salts with you? - There were not more than three, two or three salts and a pepper castor.
Q. You took them to Green and Limpus? - Yes,
Q. Do you know how many hands they past through? - I laid them on the desk for Mr. Limpus to look at, they were never out of my sight.
Court to Mrs. Thomas. Did you tell Mrs. Batty to call again? - I did not.
Q. Did you intimate to her that you was dissatisfied about the things? - I did not upon my word.
Q. Did she call again for them? - She called again on Friday.
Q. Did you assign any reason for keeping the things? - I did not.
Q. After that did she come at any other time for the things? - No, she never came any more.
Q. Was there any desire on her part to take them away? - Her desire was for me to make what I could of them, she only wanted ten shillings.
I live at No. 21, Thames-street. I keep a small bit of a cook's shop. The prisoner came and honestly desired me, about ten days before this gentleman came to me, as nigh as I can guess, he honestly desired me to lend him half a guinea, he was going to buy something, that he said, he should clear as much more by it? I told him I had not so much money to lend, and if I had I did not chuse to lend it; and then he said he would leave me three times the value in my hands, and pay me again in two or three days. I went to the door and out of the passage, and there I searched my pocket, and gave him all the silver I had in my pocket, which was eight shillings and six-pence. There was a man there with a bag, the man was in the passage, at the side of the door, he gave the money that I gave him out of his hand into that man's hand, and he gave me the basket, and I went in.
Q. How came he by the basket? - It was either close by the bag or taken out of the bag, I don't know which, the prisoner
Q. Did you take it? - I did, I took it into the house.
Q. When you got into the house did you see what was in it? - I never saw the bottom of it, I saw the top of it; I never saw what quantity was in it.
Q. What was contained in the basket? - Glasses.
Q. Wine glasses? - No, some pepper castors, and some salts, some white and some blue.
Q. When you took this into the house, what did you do with the basket? - I went in and went to dinner, in about ten minutes after, the prisoner sent his wife to borrow eighteen-pence more; I kept it ten days, at the expiration of this ten days I took it to Mrs. Thomas's, to ask her the value of it, and I told her I had lent ten shillings on it, I asked her if it was in her way, and what the value of it was.
Q. How long did you leave it at Mrs. Thomas's before you went there again? - I left it there on Wednesday, and went there again on Friday, Mrs. Thomas then told me it was called for.
Q. Did you leave the basket there? - I did, all as it was.
Q. Was it ten days from the time that he delivered it to you before you took it to Mrs. Thomas? - Yes.
Mr. Knowlys. So the prisoner came to you and asked you for some money, and he gave the money to the hands of this man, he then received the basket and gave it to you, and home; me after you carried it to Mrs. Thomas? has any application been made to you, not to tell the real truth of this story? - When I was waiting at the grand jury the master said it was not worth while to speak any thing in the prisoner's behalf. for he thought he certainly was the robber.
Q. Is the story that you have told us of the money being put into the man's hand, and the basket being taken from the man, and put into your hand, true? - It is.
Mr. Knapp. You are sure that Mr. Limpus said that you have just stated in the jury room? - He did.
Limpus. I never said such a thing.
Batty. Mrs. Thomas was present.
Mr. Knapp to Mrs. Thomas Mrs. Thomas, you have heard what these witnesses have been saying, did you hear any thing? - I heard Mr. Limpus say, she should say the truth, and make as little of it as she could.
Court. Are you sure that was the expression? - It was that she was to speak the truth, that the prisoner delivered the glasses to her, and make it as short as she could.
I was called upon by Mr. Limpus and Mr. Neale's man, on Friday the 22d of November; I went to Mrs. Batty's, I asked Mrs. Batty if the had received a basket of china? the said yes, she described the man to Mr. Limpus and me, and we went to Mr. Limpus's, and the prisoner was called up, and I took the prisoner to Mrs. Batty's, and I asked her if that was the man that brought the basket to her, and the said, that was the man that brought the basket to her; and I went to Mrs. Thomas's and took the basket by Mr. Limpus's direction; Mr. Neale's man went with me, there were twenty eight pieces in it, I have got them here, they were delivered to me by Mrs. Thomas, they have never been out of my custody since.
Q. When you apprehended the prisoner, did the prisoner say any thing to you? - He said that he never took a basket to Mrs. Batty's.
Q. That makes no difference, he said he never took a basket, and that is very true he never did.
Limpus. I can swear to one pair of salts, and one other, the others being general articles, I have not a doubt, but I will not swear to them.
Q. Do you mean to say that you missed salts of the same sort? - Yes, of that very pattern.
Mr. Knowlys. You deal largely in these articles? - We do.
Q. Your partner has the power of selling as well as yourself and others? - We scarcely ever suffer any servants to sell but ourselves, seldom such an occasion does happen.
Q. But sometimes they do? - They do.
Court. Keep your examination to these three.
Mr. Knowlys. Might not your partner have sold these? - No, he was out of town for above a month, there were but twelve at first, and we had a customer wished to have six of that very pattern. On examining I found but four of them.
Q. How many of these of which you lost two, have you sold since the time the pattern came into your possession? - They were but twelve of them sold in the country.
Q. How many of this single one have you? - We have four of them, we had twelve at first, eight of them are gone into the country.
Q. Where they have travelled since you don't know? - It is impossible.
Q. How long ago did you send them into the country? - It is impossible I can charge my memory with it.
Q. Therefore whether this is one of those eight you cannot tell? there is no distinction between this and one of the same pattern? - I can speak to having lost one of that article, and that in so late a time is impossible; I cannot speak swear to any more than from the circumstance of my having lost one, I have not a doubt but that it is the one that I lost.
Q. Have you the other three at home? - I have one in my pocket and two at home, that corresponds to it.
Q. You cannot tell where they are gone? - I can by referring to my books.
Q. But that would not tell where they travelled to after they were out of your possession? can you tell me how long ago it is since you sold the eight of this pattern? - I cannot.
Q. Therefore they might have been circulating about the country for months, or years? - I cannot say they have not.
Q. Therefore I take it for granted you cannot swear but this is one of the eight, having been out of your hands perhaps for years? - It is not many years, for the pattern has not been made but a few months.
Q. How many had you first of these blue pair? - A hundred and six, we have now thirty-two of them; they have been sold since my partner has been in the country, about a month ago.
Q. How many have you sold of this pattern? - Forty-eight, and there is a deficiency of twenty-six.
Q. Where those twenty-six have got it is impossible for you to say; you tell us that you turned away two servants on suspicion? - I have, but I have reason to believe the men were innocent.
Q. If they had chose to be dishonest, they might have taken these, and circulated them, they had the power of doing it? - They had.
Q. You missed twenty six salts, you only was able to find twenty, this whole lot amounted only to twenty? - I don't know, I have not counted them; I have only found two out of the articles that I had missed twenty-six.
Mr. Knapp. What may be the value of all that is contained in the basket? - About thirty shillings.
NOT GUILTY .
Tried by the London Jury before Mr. RECORDER.
37. LEWIS HENRY and THOMAS JACOBS were indicted for a robbery on the King's highway, on Samuel Belchamber , on the 1st of March , and feloniously taking from his person and against his will a watch, value 5l. and a watch chain, value 1d. his property.
Q. Was you robbed by one or more persons? - There were four of five; I lost a metal gold watch, a stop watch with three gold seals.
Q. Did you lose any thing besides the watch? - There was a small piece of a chain.
Q. Was it of the same metal? - It was.
Q. How long was this about, how much time did it take up? - Two or three minutes.
Q. Had you ever seen before any of those persons that robbed you? - Not to my knowledge.
Q. Can you say either of the prisoners at the bar were concerned in this business? - I never did. When the watch was stopped at the pawnbroker's they sent to me, I am sure I don't know his name, he is a witness; I saw the watch, it was my property.
Mr. knapp. This robbery was committed to long ago as the latter end of February, or beginning of March, which do you think it was most certain? - I think it was the latter end of February, because the hand-bills expressed it.
Q. The persons who committed this robbery on you in the piazzas committed it so late at night or so early in the morning? - It was between twelve and one in the morning.
Q. You lost your watch at that time? - Yes.
Q. It was so long distance as from March to November before you found it again? it might have got into a variety of hands since? - I cannot say, I dare say it might.
I am a constable, I was sent for to take the prisoners into custody, on the 23d of November; I took them into custody on the charge of Simpson, the pawnbroker, of having stole this watch.
Q. Who delivered that watch to you? - Simpson, the pawnbroker, his master lives in Walker's-court, Soho, I have had it in my custody ever since, in the same condition as when I receive it, with the mark of Simpson on it; this hand bill was put into my hand at the same time, which is a description of the watch, it bears date in February.
Q. Does the watch, when compared with that hand bill, correspond to the description? - Exactly.
Q. Was there any chain to it? - No, only this ribbon.
Belchamber. It is my watch, I know it by the stud, stop, and number; I am sure it is the watch that was taken from me at the time I have been speaking of.
Not GUILTY .
Tried by the first Middlesex Jury before
Mr. Baron PERRYN.
I lost a pair of linen sheets and a patched work bed quilt, on the 8th of November.
Q. What is the value of them? - Five shillings. On the 8th of November I was sitting by the fire with my wife between six and seven o'clock in the evening, and I heard the stumbling of a strange foot going up on the stair case of my own stairs, part of the house belongs to me, not all; I said to my wife, Polly, I hear, a strange foot going up stairs, I don't know who they are going to, and I says, I cannot think who it is, in about five or six minutes afterwards I said I cannot think who it is that went up stairs, I never heard that strange foot come down; my wife was mending stockings at the time; in about a minute or two after that the pulled the stocking off her arm and took the light and went up stairs, and she had not been long, before she called out, for God's sake take care of the woman that is coming down, for there is somebody in our garret; this was a woman coming down stairs that was with the prisoner, she was discharged. My wife met her coming down stairs, I ran to the back door and I had no light, and I knocked at the young woman's door that lives on the even floor, and I desired her to lend me a light, and she came immediately and I stopped the woman on the stairs.
Q. Did the other woman bring you a light? - Yes, she came with a light, I stopped the woman and asked her what business she had there? she said, she had come after a little hump backed man that lived in the garret, in the mean time the the man and my wife came down, he lived in the front garret.
Q. And what is the woman's name? - I cannot tell her name indeed.
Q. What did you do with her? - The justice discharged her, being on the stairs only.
Q. The woman then had nothing at all on her? - No, nothing. When he came down my wife said, that the sheets had been stripped off from one of the beds.
Q. Do you let lodgings? - I have two young men that lodged with me up in this garret; these sheets were taken from the bed where these men lodge. When my wife and the young woman went up to see what they took away, they found two sheets off one bed and the coverlid off my childrens bed.
Q. What reason have you to attribute this to the prisoner at the bar? - He was catched in the room, the things were all put in a bag at the foot of the bed that the two sheets were taken off from, and the coverlid was turned down.
Q. Do you know who that bag belonged to? - I don't indeed; there was only this man in the room; when my wife came down with the things, I then said we must send for an officer, the prisoner asked me to let him go into the yard, I let him go while the officer was sent for.
Q. Did you wait in the yard? - I waited in the entry, he came out of the yard with his breeches in his hands buttoning
Prisoner. Please you my lord I have rented that room ever since Whitsuntide.
Prisoner to Witness. Pray did I not, a week before this, come down to your wife, and say, Mrs Oliphant, there is your garret door open, and she said she was very much obliged to me for telling her of it.
Mrs. OLIPHANT sworn.
Q. Had the prisoner any connections with you in your house? - He lodged in the next garret.
Q. Did the prisoner come to you the week before, to tell you the garret door was open? - He did the Monday before, and I told him, I was greatly obliged to him for coming down to tell me. When my husband and I were sitting by the fire, we noticed a strange foot going up stairs; he says to me, Polly, that is some strange foot going up; I sat for the space of four, five, or it might be the value of six minutes, he said, Polly, I have not heard that strange foot coming down again; I sat a minute or two longer, I said nothing to my husband; I was mending stockings. I pulled the stocking off my arm, and took the candle and left him in the dark, and went up stairs; I went up to the one pair of stairs, and I saw nobody; I went up the second pair of stairs, and saw nobody; I went up about three or four of the garret stairs, and I heard somebody coming, and I looked up, and I saw it was a strange woman; I asked her what she wanted there? she could not cleverly make me any answer; at last, she said, she came up to a little hunchback man, that was to make her husband a bird cage; in the mean time, I was speaking to her, she kept going down stairs; I looked up, and I saw the garret door shut to; I called down to my husband, and desired him to stop the woman that was coming down, for there was somebody in the garret; he did stop her, in the mean time, I went up a little higher. my husband did not come up stairs, he stayed below, and took the woman; when I went up a little higher, I perceived the sheets off one of the beds in the garret, where a man lodged I followed after the prisoner; he came out of our garret, where the man lodged.
Q. You saw him coming out? - I did, and I called to my husband and I told him, I saw the sheets off one of the beds.
Q. Did he come up? - No, he did not; the prisoner at the bar went down, and I followed after him; my husband stopped the prisoner at the bottom of the stairs of all. A young woman that lives in a lower room of ours, quite in the bottom part -
Q. I thought your husband said, he called to a young woman at the first floor? - It was a mistake, it was on the ground floor. I went up with the young woman, and found the sheets and coverlid pulled off, they were all put in a bag, that is here now.
Q. Was any body else in the garret, but the prisoner? - None, but the prisoner. The prisoner was secured, and taken before a magistrate.
Q. Did you know, whose the bag was? - No, it was a strange bag.
Prisoner. Did you ever lose any thing before? - No.
Court. How long had the prisoner lodged in your house? - About three or four months.
Jury. You said, you saw the prisoner come out of the garret, where was you? - I was about half way up the stairs. I asked him what business he had there, for he had no business in that apartment, he made no answer, but kept going down stairs.
ELIZABETH SHAW sworn.
I live on the ground floor at Mr. Oliphant's; Mr. Oliphant called for a light, I got up, and gave him a light; and I saw the prisoner standing at the bar coming down, Mrs. Oliphant asked me to go up stairs, and see what was taken away from the place; one bed was stripped of the sheets, and the other of a coverlid; they were put in a bag at the foot of the bed.
Q. Where were these goods delivered to you? - In the lower room in the bag, by Mr. and Mrs. Oliphant.
Mrs. Oliphant. They are my property, they are the same things as I found in the bag in the garret.
Gass. I searched the prisoner and found nothing on him; Mr. Oliphant told me, he had been backward to the privy, I took a candle and went backward, and looked down the necessary, and I found this chissel.
Jury. Who threw it there? - I don't know; I put him in the cage; he had not been in above half an hour before he broke out, and we took him again in about half an hour.
Prisoner. I believe it to be all a piece of spite of Mr. Oliphant, the officer and all. Mr. Oliphant styles himself a cornchandler, when he deals in nothing but buying and selling of birds; and every Sunday, there are forty or fifty fellows up in this house; he gives them a shilling a-day to catch birds for him, and there are a matter of seven different lodgers. I acknowledge that night, I was in liquor. I went up to see if my wife was at home, going up stairs I stumbled and fell into the room, but as to the sheets or tick, I know nothing about. I never can think it is done for any thing more than a reward; they cast a man not long ago, just before this, and they went home with cockades in their hats.
Prosecutor. I work for one Mr. Peters, in Wells-street, for this fifteen years; I have lived where I do now, for this nineteen years, the fourth of next January; I am a watch finisher , and as to knowing any thing about a reward, I know nothing about it; I never was in a court in my life before.
Court to Mrs. Oliphant. How was the door of the room? - The lock was out and forced, and I found this prisoner coming out of the room.
GUILTY .(Aged 40.)
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Justice ASHURST.
(The case was opened by Mr. Knapp.)
The prisoner at the bar was in my service as a baker ; I was sent for last Saturday, and I saw him in the custody of the constable; the constable has got the property, it is pewter.
Q. Was you able from the view of the pewter, that was produced to you, to identify any part of the property there? - I have brought some plates, which have exactly the same mark, I think they are my property.
Q. Had you lost some of the same kind of property? - I understand so from my man.
WILLIAM AMOS sworn.
I am a servant to Mr. Miles, the prosecutor. I know my master having lost some pewter plates.
Q. Did you see some? - Yes, there were some, but they are chopt all to pieces now; there is a part of the rim of a dish; to the best of my knowledge they are master's property.
Q. Are you able to ascertain they are your master's property? Have you had often opportunities of seeing them? - Yes.
Q. Have you got no mark on them? There is no mark on them, but the pewterer's mark. I am the butcher, and I cut out on them every day.
I am a constable. I apprehended the prisoner at the bar, in Shoreditch, facing my own door.
Q. How far from the prosecutor's house? - Four or five hundred yards, or better; I found on him this pewter, that I have got; he had got it in a pail, which they usually take to get their yeast in, it was all cut to pieces as it is now. I have kept it ever since.
Q. Had you any conversation with the prisoner at the time you took him? - Afterwards I had; I took him about two o'clock, or half after, last Saturday; while I was sitting in the public house with him, because the magistrate was gone to dinner, says he, I will give you a guinea, if you will let me go about my business.
Q. Was you foolish enough to make him any promise? - No, I threatened him, that he should see the face of the justice before I could do any thing. He said, the pewter was his own, and if I would take the pewter and the guinea, I might let him go; I did not chuse to do that, but I took him before a justice.
Prisoner. Oh, your honour! that is as big a falsity as ever was spoke; what a lying old man that must be.
I am a servant to Mr. Miles, and have been many years.
Q. Do you know his pewter? - Yes.
Q. Should you know it, if you was to see it again? Look at that pewter, and tell the gentlemen of the jury, whether you know it? - I have looked at it before, and I have compared it with Mr. Miles's other plates, and from what knowledge I have of it. I think it is my master's property to the best of my knowledge.
Q. There is a rim of a pewter dish, have you seen that? - I have, and think it belongs to my master.
Q. Look at the plates again? - I think it is my master's property; I have cut out on them so long, and there is the same mark on some of the plates, as on my master's plates.
Q. Did your master lose any property to the number of those that were found in this man's pail? - We have lost a good many, but how many I don't know.
Q. How long did he live in your master's service? - About a fortnight or three weeks.
Jury. Was all the property lost in that fortnight or three weeks? - All that we know.
Q. Have you the dish that the rim belonged to? - Yes.
Prisoner. I would be glad to know, if they lost none, but in this fortnight or three weeks; because I lived there about two years and three quarters before, and then, while I was there, they were always losing plates. Mr. Miles has trusted me with many a twenty and thirty pound note to change. I might as well have robbed him of plate as pewter; I have been in London these twenty-five years; I have been a master and journeyman, I have never been summoned in a riot, arrested, nor served with a warrant, nor any thing these twenty-five years. I
Q. Does any man that is a proprietor of pewter, break it all to pieces? - I meant to sell it; the value of it was not above two or three shillings; it is very hard to prosecute such an old man as me, when I have saved him thirty or forty pounds in flour.
Q. What is Mr. Miles? - He keeps a private mad-house.
GUILTY .(Aged 45.)
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron PERRYN.
I am a linen draper in Oxford-street . I lost the cotton on Thursday the 7th of November; these printed cottons I lost with some others that were tied at the door. I saw the prisoner looking at these things; after she had looked at them, and examined them some little time, she made a motion to come into the shop; she put one foot upon the threshold of the door, and without any questions, or looking to see if she saw any body, she immediately turned short, and went round the corner of our house, the corner of Oxford-market Court; I suspected her going to take something, going away so suddenly; and I was going towards the shop door to see, and a young man at the time, asked me, if I had lost any thing? I looked at the prints at the door, and found there were some gone; I went after the woman, and in Oxford-market, I catched hold of her about forty yards from the house; as I laid hold of her hand to bring her back, I saw the prints under her arm; when I led her back about five yards, she let them fall; a person that was by, immediately told me of it, and picked them up, and gave them me.
Q. What did you do on that information? - He brought them, and gave them to me, and I took them into the shop with the prisoner. I was not gone a yard from the place where she dropped them.
Q. In what manner was the print that you see under her arm, had she a cloak on, or not? Did you see the print, or did you not? - I see the prints; her cloak flew back when I catched hold of her arm.
Q. Was it all one figure, or different figures? - Two different patterns.
Q. Can you say for a certainty, they are the same patterns that you missed? - Yes, I had them counted immediately.
Q. Do you know this property to be your's, except from the pattern? - I know it from the shop mark, a mark of my own invention, it is a character, neither letters, nor figures.
Q. What may be the value of these pieces? - Twenty-eight shillings; I have got the cotton, and have kept it ever since.
I am a hair dresser. I was coming past the prosecutor's door, and I saw the prisoner close to the door, I thought at first she was going in, instead of going in, she made a quick turn about, and ran off, and turned the corner up the court; I saw that; I stepped up to the door, I expected she had taken something from the door; I saw the prisoner coming from the door, I asked him, if he had lost
Jury. Was the woman in sight at this time? - She was in the court in sight.
Court. Did you wait till she was brought back? - Yes; and there were two pieces of cotton brought back with her in the prosecutor's hand.
Court to prosecutor. Are these prints your property? - They are.
Prisoner. I am not guilty of what is accused to me; I was going along about my business, and there was a person almost pushed me down into the kennel, and dropped this property at my heels; I never saw this property in my life; I know nothing of it, I don't know what it is. I had two witnesses here this three days for my character.
GUILTY . (Aged 34.)
Imprisoned six months in the House of Correction , and fined 1s.
Tried by the first Middlesex Jury before Mr. RECORDER.
41. ABRAHAM LILLY was indicted for stealing on the 25th of November , a piece of a wooden front of a cupboard, value 6d. two pieces of batten wood, value 1s. two pieces of quartering, value 1s. and two pieces of scantling, value 1s. the goods of William James .
Last Monday week I lost the things. In consequence of a person that gather rents of some houses that belong to me, coming to my house with a woman, I understood that the man had taken some materials out of my yard. The prisoner is a tenant, rents the house of me; I sent my foreman down with this woman to the place, for that he knew my property better than I did.
I am a foreman in the carpentry line to Mr. James. I found this property on the prisoner's premises, on Monday the 25th of November, about twelve o'clock. I found the batten, quartering, and the scantling, in the day time; they were found in Dale-street, Mile-End New Town, in a shed that he was building.
Q. Did you ever see him work at it? - By the information that the woman gave, I saw these things in a shed; the cupboard we found on him in the street, at six o'clock at night, the same evening, in Dale-street. The same evening,(Monday night) when he was taken before a magistrate he confessed every thing that he had done.
Q. Was that confession taken in writing? - It was.
Q. Did he say any thing about this cupboard in the street? - He said he was going to take it away, when we asked him what he was going to do with it.
Q. What may be the value of all these things? - I suppose fourteen or fifteen shilings; we never brought a quarter of the property away, that was on his premises.
Q. Do you know where this property came from? - It must come out of Mr. James's yard; here is a piece now in court, which we cut down with a saw, a bit of scantling the boy cut down; I saw him cut it; and marked it for him myself.
Q. Is that chalk on it now? - It could not be, because it was cut down with a saw.
Q. How do you know it was the same scantling? - Because I will swear to the piece by the size; and there is a mark in the end of two nail holes.
How far was this from where you found it? - Near a mile, if not more. There is a piece of batten, that we had several hundred feet of it; there is no particular mark on it, I can swear to the batten being Mr. James's property, because we have pieces in the yard of the same sort.
Q. Do you suppose there is no batten about London of the same sort as your's? - No, I do not suppose there is.
Q. What is the singularity of it? - It is three inches thick and six inches wide.
Q. Can you swear to it by that? is there any thing else that you know? - I can swear to the quartering, it is three inches by four.
Q. Is that any thing remarkable? It is Scotch fir.
Q. There is a good deal of Scotch fir about town? - Not much. There is no particular mark on it. The cupboard I took down myself out of an old house, it is painted on one side.
Q. Where did you see it last, before you saw it in the possession of the prisoner? - The last time I saw it, was in Mr. James's yard.
Q. Can you swear to that from the appearance of it? What was the colour of it? - It was white when it was painted, I suppose; it is only painted on one side, it is rough on the other.
I am Mr. James's porter. I was coming up New-inn yard with Mr. Halson and I met the prisoner with the cupboard in his hand, and I said you have got my master's cupboard; yes, says he, I have; says he, let us go and have a pot of beer together; I immediately called Mr. Halson we went to Mr. Saunders's house, the prisoner, I, and Mr. Halson together, he went with us, from there we went to the justice's.
Q. Now independent of what past at at the justice's do you know any thing of the batten quartering or scantling? - No, I cannot swear it is my master's property.
Prisoner. Had you ever seen this cupboard on Mr. James's premises? - Yes. I have, it has been a white paint turned rather yellow.
Court to Prosecutor. I understood from you that your people knew more of this property? - I can swear to the batten.
Q. Did you ever see it in Dale-street? - I did not.
Q. With regard to the cupboard can you swear that? - As for my own part I am seldom or ever in the yard, I believe it to be my property, it was taken down out of a public house.
Tooling. I bring the cupboard here, I carried it to Mr. James's warehouse and brought it out of Mr. James's warehouse to bring it here; I believe it to be the same.
court to James. Supposing you had seen it at another part of the town should you have known it to be your's? - I cannot say I should.
Prisoner. I have nothing to say but what it is my own, there is nothing brought here but what is my own, it is my property, I bought it in Ratcliff-highway of a man who brought it about in a cart.
The prisoner called one witness who gave him a good character.
JOSEPH LILLY sworn.
I am a gun smith, the prisoner is my father; I am come to speak to a fact; this man have taken several pieces of the premises as belonging to Mr. James as belongs to me; I live in East Smithfield.
Q. Where was your property? - On my father's premises, I left it there, they have taken it away to Mr. James's.
GUILTY, Of stealing the cupboard . (Aged 65.)
Imprisoned three months in Newgate , and fined 1s.
Tried by the first Middlesex Jury before Mr. RECORDER.
42. SARAH ANDERSON was indicted for stealing, on the 1st of November , a bed tick, value 5s. three pounds weight of feathers, value 10s. a linen sheet, value 2s. a woollen blanket, value 2s. a cotton counterpane, value 1s. an iron key, value 6d. the goods of Catharine Duggan .
I was a widow when I was robbed.
Q. Did you let lodgings at that time? - I did, I let a room to this woman at half a crown a week.
Q. Did you let any furniture with it? - I let it to her at half a crown a week ready furnished.
Q. When was it? - It was a twelve-month past.
Q. When did you first miss your things? - She lodged with me a fortnight, and paid me in the middle of the next week, Wednesday week, and I made a dish of tea, and she said she was going up to bed, and I never saw her after, I did not see her for two days, nor could hear nothing of her, I said to the woman that is with me, will you be so kind as to put your hand through the paper and see if she is there, she went up and said there was nobody in the room but a good many feathers scattered about the room; O! my God, says I, how can that be when it is a new tick, with that I went up stairs and I saw I was robbed; with that the neighbours came in and they saw the bed was gone.
Q. Did you lose a bed tick? - I did, she took the bed tick and some of the feathers, one blanket, one sheet, a counterpane and the key of the door.
Q. Have you ever found any of your things since? - No, nor I never could find her till I saw her in Bow-street taken by a parcel of mob who had her in custody; this is I think about three weeks.
Q. So that no part of your property has never been found? - No, I never found her or the property.
Q. You never heard her say any thing about your things? - I asked her about my things when I saw her in Bow-street; she said she knew nothing of me.
I know Mrs. Duggan, I lived in her house the same time.
Q. Did you go up and see the things were missing? - I did.
Q. Have any of the things ever been found? - Nothing has been found since.
Q. You never heard the prisoner say any thing about them? - No.
Q. Was you in the same house? - Yes.
Q. Did you go up and see the things missing? - Yes.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
43. JOHN CROSS was indicted for burglariously breaking and entering the house of James Fullford , about the hour of six in the night, on the 27th of November, a check linen apron, value 3d. the goods of Sarah Blenham .
Q. What day was it? - The 27th, I believe on Wednesday.
Q. Did you leave any body in the house? - Not in my apartment; my landlord was in the lower part of the house, under my two rooms, his name is William Fullford ; I live by myself. When I went out I locked my room, and found it locked when I came home.
Q. How soon did you return after you went out? - A little before ten. I left the window a little open when I went out, and left some linen on the line, that I had taken out of the yard, and there was nothing missing from the lines but the coloured apron hanging between the two lines.
Q. Where was this line? - Across the room.
Q. Did you miss it when you came home? - Not till the night, when I struck a light to see if there was any thing lost, and I missed it.
Q. Did not you miss it as soon as you came home? - I did not; I missed nothing when I went in; I got up to see if my linen was on the line, after I had been a bed asleep I got up in the night and struck a light, and then I missed it.
Jury. What induced you to get up and strike this light? - I got up on purpose to see if my linen was on the line; and when I first went home my landlady told me that there was a man taken from the window of my apartment.
Court. How happened it then that before you went to bed you did not look? - I looked round and missed nothing then.
Q. Then after you was in bed you thought of getting up and looking again? - Only once.
Q. And then you missed this apron? - Yes.
Q. Did you go to bed again? - Yes.
Q. Did you see it the next day? - No.
Q. Did you ever see it again? - No.
Q. Has it ever been found? - No.
I am a brewer.
Q. Have you any thing to say against that prisoner? - Yes. When I was coming out of my own door (I live right opposite Mrs. Blenham) I saw this man about six o'clock, I saw this man reaching up to the window, looking into this Mrs. Blenham's room, after he looked in he went a little farther, and went into the passage of the house, and tried the door of this Mrs. Blenham; the passage door was open as it most commonly is, and then he came out again and went down to the corner of the street, and there were two more of them,
Q. Could you see what past in the passage at her door? - Yes, very well. After he had been with his companions, he comes back and goes to the passage door again, and pushed it very hard, I could hear it; and then he came out, and went to his companions; and went and tried the window, and pulled the window down; the window was a little down, it was just so, as you might put your hand in; he pulled it down lower, as low as he could pull it, then he put his hand in, and brought something out, but what it was, I cannot pretend to say; it was the top sash that he drawed down; then he took something out, and gave it to his companions at the corner of the street, and came back again, and put his arms in again for to reach something else, and I went, and catched hold of him; I said to him, what do you want here? he said, I am doing nothing only pissing against the wall; says I, your arms have no business against the window. My man he saw the same, and I called to the watchman, and took him to the watch-house.
Court to Blenham. Can you say with absolute certainty, that you lost a check apron? - I lost it from the time I went out, to the time I got up; but I don't know, whether it was in this room, or not.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
I keep the White Lion, Islington . The prisoner was my waiter ; he came home between ten and eleven o'clock in the day, I asked him the reason he stayed away so long? he told me his father died on Tuesday, that made him stay so long; I told him, I was very sorry for it, and I should forgive him that time. On Sunday morning the 10th of November, he came into the bar, where I stood, this was the Sunday after this Wednesday; he had a letter in his hand; this letter was entirely all lies. I have been told, there was nothing the matter with the father; the letter was directed to George Waddingham , the prisoner. On the 15th of November, I had business to do in the city, and I returned from the city to my own house, about half after five in the evening; I no sooner got home, than my wife told me something of the half crowns, and I went to every shop that I thought the boy could get rid of such property, to enquire if he had changed such coin.
Q. What sort of property did you look after? - Two half crowns, nothing else at this time; - I made this enquiry on Friday the 15th, about seven o'clock in the evening. On Saturday I asked him, if he did not take two half crowns out of the till, when I was absent, and whether he did not take a parcel of halfpence that I put on a shelf in the bar, a few days before? he made me no answer; I walked on from where I stood, to where I was talking to him, to the kitchen, and when he saw me going to the kitchen, he walked towards the door that goes to Edgeware road. I ask your pardon, my Lord, before I walked towards the kitchen, I told him, you know you are a villain,
Q. What money was it? - We did not examine it, till such times as I brought him back to the house. I had it in my left hand all the time; when I got to the house, I gave him to the constable in charge, and the money.
Q. Did you open that second paper? - I did, it was sixpences and shillings, it was not reckoned there.
Mr. Knowlys. Mr. Murray, your wife, I take it has the principal care of the till? - No more care than one of the evidences that you will see presently.
Q. You have brought her to give an account of the transaction? - She don't know much of it.
Q. She at first gave you the information? - She did.
Q. She gave you the information on the 15th? - Yes.
Q. And you waited till the 16th? - I did.
Q. What time? - A little after one o'clock.
Q. What time on the 15th, did your wife give you the information? - About half after five.
Q. From that time, you did not mention a word to the prisoner? - I did not see any occasion.
Q. You have told us, that the prisoner went out of the house? I believe,
Q. Be cautious! how often did you strike him before he left the house? - I do not recoliect that ever I struck him.
Q. You know, that this happened not a fortnight ago? - Somewhere thereabouts.
Q. And you cannot recollect? - I am positive I do not think, that I made any attempt; I do not know, that ever I made an attempt.
Q. Will you swear, man, that you did not strike him before you left the house that day? - Never.
Q. You are positive of that? - I am.
Q. You seized him by the collar, and accused him of having robbed you? - I did for a certainty.
Q. How many times did you knock him down, when you laid hold of him? - Once, he might push his head against the wall, but it was his own seeking.
Q. Then it is not truth, that you knocked him down? - I was pulling him along.
Q. On your oath, I will have a direct answer; Did not you dash his head against the wall? - In pulling him along, when he did not like me to take him, to have justice done to him, he might possibly dash his head against the wall.
Q. Which was it, you have sworn both ways; did you knock his head against the wall, or did he dash himself? - You want to bother me, to swear that I would not wish to do.
Q. Did you mention a word about there half crowns before the justice? - I don't know, that ever I was asked the question; I don't know, that I mentioned them; I mentioned then, the same as I do now.
Q. When a person is on oath, he is expected to be correct. Did you mention any half crown before, or claim them as your's? - How could I swear they were mine till they were produced by the constable.
Q. Did you swear to them when they were produced by the constable? - I did not.
Q. Is your wife well? - She is.
Q. And she had the care of this till? - At times.
Q. She attends at the bar, does not she? - She does some time.
Q. How many persons had access to the bar and till besides this man? - I take it every servant in the house has access to this bar at times. If there is a glass of gin, or bread and cheese cut out, they may go in and take it out.
Q. They may all go in? - They may.
Q. How many are they that have access to this bar of your's? - Five of them.
Q. Is the till kept locked? - Most part of the time it is.
Q. Is the key kept in or out? - Sometimes in and sometimes out.
Q. You did not threaten him before he went away? - How do you mean?
Q. To kill him, you understand the question? - No.
Q. On your oath don't you understand? - I told you before, I did not.
Q. On your oath did you threaten to kill him, or did you not? - I answered you before that I did not.
Q. Do you persevere in that? - I do.
Q. Then you might have answered it at first.
I am a cousin to Mrs. Murray. On the 15th of November about twelve o'clock in the day the hostler brought me half a crown to take two shillings out for a gentleman's note, he asked me for six-penny worth of halfpence in exchange, because the gentleman wanted some change to pay the turnpikes; I gave him
Q. What did you do with the half crown that you received for the gentleman's horse? - I put it in the till, we are continually going to the till taking money. In a few minutes I opened the till after I went to the bar.
Q. Had you been at the till during that time, to the time the hostler came? - O, yes, ten minutes before I missed my money; it was at twelve o'clock in the day I took the half crown, and there was another half crown taken after that.
Q. When these gentlemen came to order the chops, did you take any money of them? - No, none at all.
Q. What have you introduced this story for? - That was the time that he took it, while I was gone out of the bar.
Q. Did you miss any before two o'clock? - Not till just after two; I went immediately from the kitchen to the bar, and missed the two half crowns from the till.
Q. You gave an account of one half crown taken, but you never told me about the other? - I see them both in about ten minutes before I missed them; he seemed very much confused all the afternoon, and agitated in his mind.
Q. Had you mentioned the loss of these half crowns to any body? - Yes, to Mrs. Murray, and the hostler, I mentioned it immediately to Mrs. Murray, Mr. Murray was out, and to the hostler about a quarter of an hour after I missed them; there was more silver gone, but to the half crowns I am positive.
Q. Did the prisoner know that you had mentioned the loss of these half crowns? - I don't know whether he knew it or no, I did not tell him of it. About six o'clock when Mr. Murray came in, Mrs. Murray and me told him of it, we were both in the bar, Mrs. Murray told him of it, he seemed very much flurried all the evening, and when we were talking to Mr. Murray he listened.
Mr. Knowlys. Then I find you are a physiognomist, perhaps I am very much troubled in my mind? - I will not say that you are, but he was very much confused in his mind afterwards all the afternoon, I am certain he was from the manner in which he was, when he was called to do any thing, he seemed in such studies that he would hardly move, he seemed quite in a study whenever we called him.
Q. When you told your cousin of it he was in a very great passion? - No, in no passion at all.
Q. How did he break out the next day? - He was not in any great passion.
Q. He is a very violent man I believe? - No, he is not, he was rather in a passion.
Q. How many times did he threaten to kill him? - None at all.
Q. Perhaps you did not hear what past? - I was in the kitchen all the time.
Q. How many times did he threaten to kill him before he left the house? - None at all.
Q. Did you see him go out of doors after the man? - I see him go out of the kitchen into the bar and immediately out of the bar to the door.
Q. Did not you hear him threaten to kill the man then? - He did not, he was only just a little in a passion.
Q. Did he shake him? - I did not see him shake him; the prisoner ran away up Church street, because he did not chuse to be searched.
I am a housekeeper; I am an hostler to Mr. Murray. On the 15th of November, the middle part of the day, a gentleman came for his horse that had been in all night; when I led his horse out he asked me what it came to? I told him two shillings; with that he gave me half a crown, he desired me to look at it to see it was good; I looked at it and took it to the bar, and gave it to the last witness.
Q. Do you think you should know it again? - Upon my oath I cannot say whether I could or not. She took it and looked at it, and said, it did not want any trying; they generally try their silver on a stone; I went in to dinner very soon after, and my mistress came into the kitchen to get some stakes or something to be dressed for a gentleman's dinner; when she returned she found the prisoner in the bar, he seemed rather frightened. There was six-pence in the prisoner's possession at the time he was taken, I took it of a gentleman about ten weeks before that; the gentleman told me that he took it of my master, it seemed suspicious; the gentleman gave it me for myself, and told me if I did not like it to return it again to my Master, and he would give me another for it, I returned it to my master, he said he knew it.
Q. Do you know what your master did with that six-pence? - I did not.
Q. Do you know whether that was in the till or not? - I do not.
Mr. Knowlys. You had not seen that six-pence for ten or eleven weeks? - I had not seen it from the time that I took it.
Q. And the moment you had it, you exchanged it with your master? - I did.
Jury. Should you know that six-pence again? - Yes, there was a large piece out of it.
I am an officer, a constable. I know Mr. Murray, I was sent for by Mr. Murray's servant; I had the prisoner delivered to me, charged with robbing Mr. Murray of twenty-six shillings, two half crown pieces, some shillings and sixpences.
Q. Was the money given to you? - It was delivered into my custody, the whole of the money, as far as I know was delivered to me, I put them in a cloth together, where they remain. (Produced.)
Jury to Murray. Have you any recollection of a six-pence you received of the hostler in changing one? - He brought me a six-pence to the bar, and said that he took it of a gentleman that I gave it to, he asked me if I knew any thing of it? yes, says I, that is an old warrior of mine, I have had that six-pence a great many times.
Q. What did you do with it? - I put it in a cup in the till, where we keep the silver that we take in the day, and at night it is put into the silver bag.
Q. Should you know it again? - I Should, this is the six-pence, I can swear to it, and some more of the silver I believe, but I cannot be positive, if that had not been so remarkable a one I would not have undertook to have swore to it.
Mr. Knowlys. How many months was it since you first took this six pence? - I cannot pretend to say.
Q. This silver is put into a cup the day it is received, and then it is put in the money bag at night? - It is.
Q. I suppose your wife has the care of this money bag, and gives exchange at times, and your cousin? - They do.
Q. Then whether they had parted with this six-pence you don't know? - I do not.
Q. You do not know it was in the house at the time? - I do not.
Mr. Knowlys. Your cousin Mrs. Dawson gives change out of the bag? - Yes.
Q. Perhaps you had never seen that six-pence? - Yes, very often, I had seen it about a week before, I don't know that ever I passed it to any body.
Prisoner. I went out on Sunday to see my sister-in-law, I had five shillings of my mistress when I went out in the morning, I went to my sister-in-law's to drink tea, she keeps a cheesemonger's shop in Westminster; I asked my sister to lend me a guinea till Christmas, to buy me a coat for Sundays, as I had lost one in this gentleman's service, and I borrowed a guinea of her, she gave it all in silver, which was two half crowns, and the rest in six-pences and shillings; this was the Sunday before I was taken up; I put it with the five shillings that I had of my mistress and wrapped it up in a bit of paper, and tied it up with a piece of string, and put it into my sob.
I am the sister-in-law to the prisoner. He came home to see his wife the Sunday before he was taken up, his wife lodges up stairs in the same house where I live. On that day, as he told me, he had borrowed five shillings of his mistress; he had one guineaworth of silver of me that day, he asked me for to lend him a guinea; I cannot pretend to say what the money was, I believe there was one half crown among it, if not two. A young woman, Rose Green , was in the house at the time.
Q. Did he ask you for silver? - He did not particularly for silver, he asked me to lend him a guinea to buy him a coat.
Q. How came you with so much silver about you? - On Saturday night we take a great deal of silver in the shop; we keep a chandler's shop, No. 15, Prince's-street, Westminster.
I am a servant. On Sunday the 6th of November I went to drink tea with Mrs. Pirks, the prisoner came in as we were drinking tea at Mrs. Pirks, and after some conversation I heard them talking about money, I heard him say he had lost a coat, and Mrs. Pirks said she would lend him a guinea, if that would be of any service to him, and I noticed a guineaworth of silver, but what more I cannot say.
Court. Do you know what sum he wanted? - I cannot say, he complained that he had lost a coat.
The prisoner called two witnesses who gave him a good character.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
45. JACOB JEGGETT was indicted for that he, on the 6th of November , about the hour of eleven at night, on John Dullen , then and there lying on a certain bed in a certain dwelling house, then and there being situated, and being there and then ill, and languishing, and unable to walk and support himself, feloniously, wilfully, and with malice aforethought, did make an assault, and did take, remove, and carry him, at a late unreasonable hour of the night, intoRose-lane , and he, the said Jacob Jeggett , the said John Dullen did take, carry, remove, drive and force into the said street, and then and there did leave the said John Dullen , against his will and consent, whereby the said John Dullen , through cold and for want of due necessaries for a person in such sickness, did remain and languish for three quarters of an hour, and then and there died, and so the jurors on their oath did say that he the said John Dullen did kill and murder .
Indicted also for the like murder on coroner's inquisition.
I am an overseer of the parish of Christ Church, Middlesex; I know nothing of the fact.
I am a watchman belonging to Christ Church, Spitalfields. On the 7th of November, about half after twelve in the morning, I found the deceased in the middle of the road, of the foot path in Rose-lane, he was almost dead when I saw him, he was past speaking to me.
Q. How was he dressed? - Very mean, in a blue jacket, and long trowsers, and a check shirt on, he had no hat on, his hat lay on one side and I took the hat and laid it under his head; I made the best of my way to the watch-house, and informed the officer and beadle of it, in about the space of a quarter of an hour we got back and he expired in the time before we could get him to the watch-house.
Q. Was he alive when you came back? - Yes, he was just alive and that was as much as ever we could discern.
Q. Did you know the deceased before? - No, I know nothing at all of him; he was a black man.
Q. You had never seen him before? - Not to my knowledge.
Q. Then you don't know that it is the person described in the indictment? - I do not, there was a person there, and a petition was found in his breeches pocket to take him back to his own country addressed to the East India company, that was all that was found about him; he was taken to the watch-house and was there till the next morning, when they carried under the church for the coroner and jury to sit on him.
Mr. Knowlys. You found his hat off his head by the side of him? - I did, I took his hat and put it on his head.
Q. Did you leave him in the road when you went to the watch-house? - I did, I was not gone above two minutes.
I am a journeyman shoemaker, I live in White Lion-yard, Whitechapel, at Mr. Stevens.
Q. Did you know the black? - Yes, by sight.
Q. How long had he lived there? - About three weeks, as nigh as I can recollect.
Q. Had you ever been at his lodgings with him? - I lodged in the same room with him at Jeggett's.
Q. Was you a lodger there before he came? - Yes.
Q. How long had he been there? - About three weeks.
Q. In what room was it? - A two pair of stairs room.
Q. How many beds were there in the room? - Five.
Q. Do you know any thing about that black man's falling ill? - No, he was ill some time.
Q. Was he ill when he came to this man? - He was not.
Q. How soon did he fall ill? - About a week.
Q. Do you know what was the matter with him? - I think it was a kind of fever he had on him.
Q. Did you ever feel his hands? - He did not make any complaint, but I thought it was a fever because his lips were all of a scale all about his mouth; they peeled.
Q. Had you any opportunity of observing whether he could take nourishment? - He had nothing to eat or drink for two or three days.
Q. How did house to be supported before he was so bad? - I cannot tell, he always use to go out every morning.
Q. Did he go out a begging? - I imagine he did, but I cannot say.
Q. How long before he died was he confined to his room? - He went to bed on Sunday morning about eleven, and he was taken out of the house on Wednesday.
Q. Did he continue in bed till he was taken out? - He was out of bed, but not to have his clothes on.
Q. During that time, had he no nourishment? - I saw none given him, but a bit of red herring, and a bit of bread, and a part of a pint of beer; he did not take the bread or herring, but he did drink the beer.
Q. Had he nothing else? - No, nothing at all. He laid in bed till Wednesday about twelve o'clock at night.
Q. Did you observe the progress of the disorder? - He grew worse and worse, after drinking of the beer; about five o'clock at night, Wednesday evening, Jeggett came up into the room, I was there, and Arthur Driver was there too, he went to the black man's bed, he said, Come, come, get up.
Q. Did any body help him? - No, nobody at all; Jeggett held him up in his arms on the bed, without any help at all.
Q. Had Jegget said any thing to you, or to Arthur Driver , before he did this? - He said, he was very troublesome; he said, he should be glad, if he could get him out of the house, because he disturbed his other lodgers.
Q. Was there any thing said about the state of the health of the man? - He said, he thought he would die; that was all the discourse we had; he put his clothes on, and let him lie till about twelve o'clock at night, and then he came up, and took him on his back, and carried him down out of the room.
Q. Was you there when he came up? - I was.
Q. Was there any body else? - Driver was there, and Mrs. Doller was there, a woman that lodged in the room.
Q. Had she any thing to do with the black man? - No, she had nothing to do with the black man at all.
Q. When Jeggett came up, what did he do then? - There was a man that helped him, I cannot tell his name, they used to call him Old Bill; he was in the room when he came up, he was in bed.
Q. Did Old Bill get out of bed to help him? - He did, in his shirt; Jeggett asked him, to help him.
Q. In what manner was it he helped him? - He hauled him up on Jeggett's back.
Q. When he had got him on his back, what did he do then? - He went down stairs with him.
Q. Had you looked at the man any short time before he dressed him, or took him? - He was laying in bed, he said nothing to nobody at all, he was only playing with the bed clothes, senseless; he had no senses to ask for any thing.
Q. Did you see the man afterwards, at the watch-house? - No, I did not.
Q. Nor before the coroner? - No, I did not.
Q. Was not you before the coroner? - I was, but I never saw the black man after he was taken out of the room
Q. Was not the body there before the coroner? - I did not see it.
Mr. Knowlys. Hooper, you stated to my Lord and Jury, that on Monday, I think it was, Mrs. Jeggett gave the deceased, some red herring, bread, and a pint of beer? - It was given him by a girl that came up into the room.
Q. Who did that girl belong to? - She was a common girl of the town; she lodged in the house, but not in that room; she came up by chance into that room.
Q. You say there were no other refreshment, nor nourishment given? - There was not; I was not out of the apartment for three days. My business calls me to be in the house, and I was not out for three days. I do my business up in that room, where all those beds are.
Q. Will you say there was no tea given him in all these three days? - There was not.
Q. Was there any tea given him after he was taken ill? - There was, but not in that three days; it was in some day in the course of the week before.
Q. That was after the deceased had been taken ill? - It was.
Q. That was after he had this fever, that you supposed on him? - It was.
Q. His fever must be pretty high? - It was.
Q. There had been no quarrel between you and the rest of the lodgers? - There might be words, but nothing particular.
Q. Had you any words with the unfortunate deceased yourself? - Any words with him, yes; we had some words.
Q. How long was it before he died? - It was on the Tuesday.
Q. Tell the Jury what was the subject matter of these words. Why had you words with the deceased? - He brought a whore up into the room, and the same night Jeggett takes the woman out of the room from him, and persuades the woman to go down, and give six-pence for another bed, and he said, he had lost a guinea and three shillings.
Q. And you thought it reflected on your character? - Certainly.
Q. This, however, did not put him in a better situation with respect to your attention to him. You did not like him the better? - I did not.
Q. Did you complain, either to Jeggett, or his wife about it? - I did.
Q. You thought, that Jeggett and his wife might take too much care of this black man? - I did not; this man was not sick at that time.
Q. Did not you, when he was sick, complain, that you had not so much attention paid you as this black man? - No, I did not; I never made mention of such words.
Q. Was not the subject of the complaint, that the blackman was treated better than the other lodgers? - I don't know what the other lodgers did.
YOU shall swear that you will to the best of your Ability, truly take in Short Hand, the Proceedings on the King's Commission of Oyer and Terminer, and Goal delivery of the City of London; and also the Goal delivery for the County of Middlesex, and transmit the same fairly and correctly transcribed, to the Printer employed by the City of London.
So help you God.
PAUL LE MESURIER , Esq. LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority.
NUMBER I. PART IV.
Q. Hear the question, and give an answer? - I did not.
Q. On your oath, you did not after the time that he was sick? - The lodgers made complaint, as how, he smelt, and that how he was looked after more than a white man.
Q. Who did they complain to, perhaps, they complained to Jeggett, or his wife? - It was talking one among another.
Q. Did not they complain when Jeggett and his wife was present? - I cannot say, they were present.
Q. We have been told by you just now, that you quarrelled with this man on his charging you, together with the lodgers, with stealing some money. On your oath, in the course of that quarrel, did not you proceed to blows? - No.
Q. Will you swear, that you did not strike the deceased? - On my oath, never; nor ever attempted it.
I lodge at Jeggett's. I know the black man, he laid in the next bed to me, before Mr. Jeggett moved him.
Q. How long had he been at the lodgings? - Eighteen or nineteen days, I am not positive which.
Q. Do you know what his disorder was? - I cannot say.
Q. What was the consequence of his illness? - He rather drank a little free, and catching cold, it threw him into a fever.
Q. What is your reason for thinking he had a fever? - He had a very strong one, by his sweating and shaking.
Q. Was there any care taken of him? - There was care taken of him, till the Sunday; there was tea brought to him.
Q. Was he able to eat? - No, he was not.
Q. When was the tea brought him? - It was brought him on Sunday twice; first in the morning, and then in the afternoon, he drank the tea.
Q. Who brought the tea? - Mrs. Jeggett herself.
Q. Did he grow better or worse? - He was worse on Monday.
Q. Do you know whether he had any beer on Monday? - He had a pint of beer that I brought him myself.
Q. Had he taken any other nourishment? - No, no other.
Q. After Monday, how was he then? - He was very bad indeed.
Q. Was he able to speak on Monday? - Yes, but it was in his own Indian tongue; he was a native of Bombay; he was quite out of his senses for two days.
Q. What day was he out of his senses first? - On Wednesday, that same night that he was taken out.
Q. Was tea offered him after the Monday? - No, not a drop, nor any thing of the least nourishment.
Q. Did any body apply to the parish officers that he might be taken care of? - No. On Wednesday he was senseless, but he had taken nothing since Monday; on Wednesday at two o'clock, Mr. Jeggett came up and he said, I believe he is going, and in the afternoon I cannot cleverly mention the hour, Mr. Jeggett came up again and put his clothes on.
Q. Did he say any thing then? - Not that I heard; Mr. Jeggett put the clothes on himself, and a little before twelve, Mr. Jeggett came up with a candle and waked a man that they caled old Bill, for to help him up with the black man on his back and left the candle and took him down stairs.
Q. Did old Bill help him up? - He did.
Q. Do you know where he carried him to? - I was not out of bed.
Q. Did you ever see the black man afterwards? - No, I did not.
Mr. Knowlys. Was you one of the lodgers that complained that this black man was treated better than the white men? - No.
Q. Who was it complained of that? - I cannot say, there was a man that was pressed happened to repeat that word, Will Baker , he said he was indulged in the house more than we were, but labouring people can have no indulgence but from their own labour.
Q. It was you that brought up the herring and beer? - No, I brought up the beer, but a woman brought up the herring.
Q. How do you get your living? - At the gate, working at labouring work; I go at three and come home at nine.
Q. How do you employ yourself in the middle of the day? - I am disabled, I am a lame wounded seaman.
On the 6th of November, I was sitting up for my husband coming home, I live in Rose-lane, Spitalfields; about the hour of twelve o'clock, I heard somebody groan, being by myself, I heard a man come along, I looked out of window, and he said, for God's sake bring a light; I brought a light and I found a man lying on the second step of a door, right facing where I live, with his hat under his head; I spoke to him and asked him where he came from? he strove very hard to speak but could not; I desired the man to take charge of him till such times as I could go and get the parish chair to take him to the watch-house; I went up to get my bonnet and cloak, and before I could come down again the man called, for God's sake bring down the light, for he is dead; I went down, he was fell down from the step of the door into the middle of the road way, but he was not dead, he seemed to me to be in a convulsion fit; I waited till such time as he came to himself a little, and I spoke to him again, he could not speak; he threw his hands three times, and said, O, O dear! I waited till such times as the parish chair came and took him away.
Q. Did you observe the colour of the man? - I see he was a black.
Q. Did you ever see the man afterwards? - Not at all.
Q. How far is your house from Jeggett? - I suppose it may be the length of this street.
Q. Had you seen the black man before this? - Never before.
Q. You saw nothing of Jeggett that night? - Nothing at all.
Mr. Knowlys. Mrs Clark, I want to ask you one question or two; when you saw this unfortunate man that you have described, he was laying on the second step of the door? - He was.
Q. On the foot pavement with his hat under his head? - He was.
I am the daughter of the last witness. On the 6th of November, a little before twelve o'clock, I was going out for a pint of beer, and I see Mr. Jeggett come by with a man; I was in Rose-lane, standing by my mistress's door.
Q. Was this further than your mother's from Catherine-wheel-alley or nearer? - Nearer.
Q. Is your mistress's door numbered? - Yes, No. 22, I saw the prisoner Jeggett run by with a man in his arms, he was going down Rose-lane, he came out of his own court, he laid him down at the Plumber's Arms steps, and he pulled his hat off, and laid it under his head.
Q. What did he do then? - He left him, and went home; I saw him go up away into his own court. I ran away directly, as I saw him lay him down, for the pint of beer. My mother lives facing the Plumber's Arms, opposite.
Q. Are you sure it was the prisoner, Jeggett? - Yes.
Q. Did you know him? - Yes.
Q. Could you see what sort of a man he had in his arms? - When I heard the man groan, I went and looked at him; he was a black man; I had seen him go in and out the lodgings there, at Mr. Jeggett's.
Q. Did you ever see him afterwards? - No, I never saw him afterwards.
Q. Did you hear him say any thing to the black man? - No.
Mr. Knowlys. Is the Plumber's Arms the house where you get your beer from? - No, I get mine from the Black Swan.
Q. Has the Plumber's Arms a pretty good custom? - It has not got as much custom as some other public houses.
Court. Do you know whether the Plumber's Arms was open or not? - They were shut up.
Mr. Knowlys. Whether there was company in the house or not you cannot tell? - There was none, the gentleman that belonged to the house said there was nobody there.
Q. You don't know of your own knowledge but what there was company there? - I do not.
Q. The hat that was under his head was a much easier thing to him than if his head had laid on the step? if you had laid him there would you or would you not have put that hat under his head to ease him? - I should.
I live in Brick-lane, Spitalfields.
Q. Did you see any thing of this transaction that happened on Wednesday, the 6th of November? - I know so far as this of the man's lodging in his house, just before the clock struck twelve I heard a terrible groan, my girl went out for a pint of beer, and she told me that Mr. Jeggett had been carrying a man in his arms, and put him down at the Plumber's Arms steps.
Prisoner. I am an innocent man I do assure you.
Q. Do you mean to say by it that you did not carry the man out of the house? - I laid him down by the Plumber's Arms, he told me to take him out.
Mr. Knowlys. I think the principles on which this indictment should be framed, are these. First of all, that it shall be described by what means the death is effected. In the next place, that it shall positively state on the face of the record, that these for means have been maliciously made use of the purpose; the means here described, are that in consequence of being exposed to the cold air, and not having the comforts requisite for him in the situation in which he was, he perished and died, it is not alledged that he died by any other means than this; I find the indictment states, that the prisoner at the bar did feloniously force and drive the deceased into the street, called Rose-street, that he did then and there leave him in this street, by means of which, and want of proper nourishment, he died. It does not state that he put him there destitute, and without any of the means of support.
Court. Any objection of this sort is on the record, and this is not the stage for the business.
Prisoner. If I had known I had been in danger, I had a summons sent me at two o'clock, to attend before the corroner the next morning by nine, and I was there by half after eight, if I had thought I had been in any danger, I certainly should not have gone.
I lodged in this house of Jeggett's at this time, I knew the deceased.
I believe you and Hooper lodged together? - Yes.
Q. Do you know whether Hooper has made use of any expressions about the black? - He said he was a black buggar, and that he had served him so and so, and that he ought not have that countenance shewn him, because they were such bad people where the black people came from.
Q. Do you remember the black having any refreshment at any time? - Yes, a piece of toast and tea. I think it was to the best of my knowledge on Sunday evening rather before dark, when this was brought him, Hooper and Driver who were in bed, said it is more than you will give to us, chuck him out of window.
I lodged in the same house in Catherine Wheel-alley, where the deceased did.
Q. Do you know any thing about any toast or tea being given to the deceased? - So far I can tell that Mrs. Jeggett always behaved very well, brought him a pint of tea and some toast and bread and butter every morning. I saw a bason of tea and sometimes toast placed before the bed for the black man, where he lay.
Q. How long before he died? - I don't know any thing about his dying, because I am a lodger, I lodge there twenty weeks last Friday; I get up in the morning about eight and go out and come home about nine at night, and I always saw a a bason of tea when I go out.
Q. What was Jeggett's general character? - As far as I know he always behaved exceeding well to a lodger.
I have kept a house within a few yards of Jeggett for four years, I never heard any thing against his character as to good nature and humanity since I lived there.
The prisoner called three more witnesses who gave him the character of a humane man.
NOT GUILTY .
Tried by the second London Jury before the Lord CHIEF JUSTICE.
Court to Jury. A more barbarous and inhuman thing I never heard, I am afraid it is not so unfrequent a practice as one could wish, your verdict is justifiable, therefore no action lies further on there indictments; but I think the crown has a right to proceed against him for an assault, and I shall detain him that he may be indicted for an assault.
Q. Where was it laying on the 23d of November? - At Ratcliff-cross.
Q. What was she laden with? - Sugar.
Q. Was she at her moorings? - She was lately come from St. Vincent's.
JAMES CASSELL sworn.
I am the chief mate of the ship Harmony.
Q. Was you so on the 13th of November last? - Yes. I saw some suga, several bags, laying athwart the stern. The prisoner at the bar, he was a lumper on board the Harmony.
Q. Were Stout, Granger, Rose, and Reynolds all Lumpers? - Yes. I went and stopped the sugar from going away from the ship; Reynolds was in the lighter athwart the stern of the Harmony, Granger was on board our ship, he was heaving at the capstan, he was heaving with the rest to get the sugar out, Gillfoy was the man on the deck.
Q. Was that near where you were? - In another part of the ship.
Q. When you see them heaving this sugar what did you do? - I went into the lighter to stop the sugar from going, immediately Grainger followed me who took hold of me, and him and Reynolds together tried to shove me over the side of the craft; when they found they could not shove me over, they threw the sugar over.
Q. How many bags of sugar did they throw over? - I cannot say, several bags; four or five. After this happened I returned on board the ship.
Q. Did you see any thing of Gillfoy? - Gillfoy was on board the ship and he was looking over the stern.
Q. Was the stern near you in the other vessel? - Yes; he said something to the purpose, heave that rascal overboard, I took it that he spoke it to Grainger and Reynolds, the expression he made use of was, heave the rascal or rascals overboard.
Q. How many were there? - About twelve people.
Q. What were they all? - They were all lumpers, only one boy that attended the ship.
Q. Where there twelve in the lighter? - No, only two, Grainger and Reynolds, besides me.
Court. Did he call out to the people that were in the lighter to throw you overboard? - He said throw the rascal or rascals, I don't know which.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. Baron PERRYN.
Q. What persons were in your company in this house? - Mr. Tyler and nobody else except the prisoner at the bar. During the evening I asked the landlord if he was willing to play a game of cribbage, he said yes. I went home and got the cards and brought them and we sat down to play about ten at night; the prisoner came in during the time I was at play, I think I heard him once call Mr. Tyler by his name, and after Mr. Tyler left me he continued with me; he represented himself as a particular friend of Mr. Tyler's, and he asked me if I would play a game for six pence? I played several games for six-pence a game with him, I laid my money down on the table, a guinea and two half guineas, and he snatched a guinea and a half from the table.
Q. Are you sure that he took it not as having won it by play? - I am.
Q. What was your stake? - For sixpence.
Q. What did you do when he persisted in keeping the money? - We tried some time to persuade him to give the money, and I told the landlord if he went out of doors I would charge the watch with him, he went out of doors and I charged the watch with him, and he examined him and he found one guinea and two half guineas on him; he said before that, that he had not the money on him.
Q. Was there any thing on him when he was searched? - Yes, there was found on him two shillings, two six-pences and some halfpence and the guinea and two half guineas.
Q. Could you know this money again? - No.
Q. Is the guinea and two half guineas in court? - The officer of the night has them.
Mr. Peat. What business are you? - I am a chocolate maker , I live in White Cross-street.
Q. This room belonged to the publican that you have just mentioned? - Yes, it did.
Q. It is a room where the company of the house frequent? - Some part of them, not all.
Q. The landlord and you were playing together when the prisoner came in? - It was so.
Q. What was you at play for? - Sixpence.
Q. After some conversation the landlord left the room, and you and the prisoner began to play? - Not till he represented himself a friend of Mr. Tyler's.
Q. Who did the cards belong to? - To myself.
Q. Not marked by any mode visible or invisible? - There were none but the common marks on the cards.
Q. You are in the habit of carrying cards in your pocket I believe? - I am not, that was the first time that ever I did it in my life.
Q. Then it seems the prisoner and you played in the first instance for sixpence a game.
Q. Were the bets encreased? - The bets might be encreased to a shilling, or something of that kind.
Q. How long might you be at play from the time you sat down with the prisoner, to the time that he took up the money in the manner you have described? - It might be from a little before eleven to near on twelve.
Q. Recollect, see if you can state a nearer time than that you have mentioned? was you perfectly sober? - Yes.
Q. You had not been drinking at all? - I had been drinking, but I recollect myself in what part; I had been drinking some brandy and water, six-pennyworth, or thereabouts.
Q. Will you say that you did not drink five six-pennyworths of brandy? - I did not.
Q. Will you say that you did not drink more than one? - I might drink part of others.
Q. How much might the prisoner drink? - I do not know what he drank before he came in.
Q. Which drank most, you or him? - I cannot tell that.
Q. I think you told his lordship that you took one guinea and two half guineas
Q. What did you say when you put the money down on the table? - I do not recollect that I made any expression.
Q. Did not you tell him that you would play for any sum, or any thing to that effect? - I mentioned no sum what ever at the time.
Q. You will recollect yourself a little, you told him that you made no bet whatever to the amount? - I did.
Q. Nor did not offer to play for five guineas, two guineas or any thing of that sort? - We might have played for six-pence, or a shilling, but did not mention to any amount in gold whatever, that I am positive.
Q. What happened after all this, after your laying the money down on the table? - He took it.
A. You disputed about his pegging more than he had a right to peg? - I did.
Q. And then upon some dispute about the game he immediately took the guinea and half up of the two guineas that laid on the table had no conversation passed between you? - No.
Q. He did not say that he had played very fair? - He said that he had won the game.
Q. You gentlemen that carry cards in your pocket, you understand play, I ask you on your oath whether you do not understand the game to be lost if the parties you play with refuse to go on? - I don't know that.
Q. There was a dispute about the game, and when the dispute happened the prisoner took up the money, and said that he had won the game; then he refused to return the money? - Yes.
Q. And very properly so if he won the game, nor he would not do it before the magistrate, nor in the coach I believe? - I don't know what you mean by the coach, I never was with him in the coach.
Q. Did you desire him to return the money before the magistrate? - I did, before he came to be examined by the magistrate.
Court. You was examined before the magistrate, did you give the same testimony before the magistrate that you have now given in court? - I did.
Q. Now before the magistrate, from the examinations, and it appears to me to be signed by him, you have there given this testimony, that you put on the table the two guineas, the guinea and two half guineas, and offered to play with the prisoner for that sum? - I don't recollect mentioning them words.
Mr. Peat. Which of them stories are true, that you told before the magistrate, or that which you tell now? - I said I did not offer to play to the amount of any gold whatever.
Q. And you now persevere in that story, therefore what you swore before the magistrate is not true.
Court. In the examination before the magistrate you go on and say, this informant and the prisoner began playing again, and when the game was nearly half over the prisoner put two or three holes on the cribbage-board more than he had won, on which you complained that he had not played fair, and then he took the money off from the table. How came you to play at cards with a person that was an entire stranger to you, and had so much confidence in that stranger
Q. Where do you live? - In Foster's-buildings, White Cross-street.
I am a publican in White Cross-street.
Q. Did the prosecutor of this indictment live near you? - He did.
Q. Did he frequent your house? - He did.
Q. Do you know the prisoner at the bar? - I never see him before that evening that he came into my house.
Q. The last witness is an acquaintance of your's? - Not of mine, but of Mr. Tyler's, he is the landlord of the house, I rent the house of him, I live directly opposite.
Q. Was you present in the room at the time the prisoner at the bar and Syer were at play? - I observed they were playing for liquor, which I made them myself.
Q. Did you see any money on the table? - I did not.
Q. Did you see any swept off? - I did not see it.
Q. The prosecutor says in his examination before the magistrate that you was present at the time? - I was in the room, but I did not see it taken, I see them play for different six-pennyworths of liquor, and I asked them to break up to go home, they said if I would let themplay another game they would go home, and if I would make them another six-penny worth of liquor that should be the last. All at once I heard a great bustle with them, I asked what was the matter? Mr. Syer says to me, this man has taken up a guinea and a half of my property, I had a guinea and two half guineas laying on the table, and he has got a guinea and a half, he said there were two guineas on the table, and he had taken up a guinea and a half, and the prisoner said he had won it, I said lay down the other half guinea, and see if he will take that, and he laid it down and the prisoner took it up directly, and he said now I shall go home, no, said I you shall not go home, you shall stop till you have returned the gentleman's money.
Q. Did he insist that he would take the whole two guineas, or only a guinea and a half? - The whole two guineas.
Mr. Peat. Then the prisoner persisted that he had won the whole two guineas? - He did, repeatedly.
Q. And when you desired him to return the money, he told you that it was his own, for he had won it, and he would not return it, and he continued in that story till the moment of his commitment.
I am an officer. On the 20th of November I searched the prisoner, and found on him one guinea, two half guineas, two shillings, two six-pences, twenty-five halfpence, and a farthing in copper; Syer was present at the time.
Q. Was any thing said either on one side or the other that you recollect? - Previous to the charge being given, the prosecutor said, that the prisoner had money that he had no right to; I turned round to the prisoner, and said that he had better make restitution if he had taken money that was not his own, and the prosecutor insisted that he had robbed him of a guinea, and that I should take the charge, afterwards when I was taking him to prison, the prosecutor told me that he had been playing for the sum of half a guinea.
Q. Did the prisoner say any thing? - He denied having the property of the
Q. Was you present on the 20th of November, in company with the prosecutor Mr. Syer? - I was there but a very little time with Mr. Syer.
Q. Did you play at cards with him? - Yes.
Q. Did you see any thing pass between him and the prisoner? - No.
Q. Do you know any thing of the prisoner? - I know him by sight.
Q. What way of life was he in? - I never knew.
Q. Because if Mr. Syer's account is true, he pretended to be well acquainted with you? - Yes, I find that is the way it came about, I never knew his name till I came down to Hog-lane; I know neither good nor ill of him.
Mr. Peat. He frequented your house did he not? - Yes, he did some years back.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. Baron PERRYN.
48. SUSANNAH EMERY was indicted for stealing, on the 28th of September , a pair of linen sheets, value 10s. a bolster, value 3s. a pillow, value 2s. a linen pillow case, value 6d. a copper tea kettle, value 1s. 6d. a flat iron, value 6d. the goods of William Timlock , in a lodging room .
I live at No. 31, Swallow-street . I am a house keeper there, the prisoner lodged with me, she came about the latter end of September, and took the lodging of me, she directed me to one of my neighbours for a character, and she told me likewise where she worked last; I told her at that time she might have a garret, she had the front garret, there was a bedstead in it, and bedding, chairs and table, and every thing that is common in a lodging.
Q. Was there a pair of linen sheets, a bolster, pillow, and pillow-case, tea kettle and flat iron? - They were altogether in the lodging room, she paid me three shillings a week.
Q. How long did she occupy this room? - To the best of my recollection about five weeks, she absconded herself, and I enquired the reason, and I found that she was in another person's house. a
Q. Did you at that time miss any of the furniture which you had let to her, together with the room? - I never entered the room, I never missed any.
Q. What do you know to effect the prisoner with this charge? - She owed me a week's rent, and she told me that she would give up the key, or discharge the room, but would give me a positive answer on Wednesday next, whether she would keep the room or no; I went over to my neighbour's where she was, and asked for her, and he suspected his room was stripped, we entered his room and found it was stripped of several articles, and likewise found thirty-nine duplicates, and among them the duplicates of the things that were lost; then we went over to my room, and we found the articles that were missing all gone, as in the indictment; we went immediately to the pawnbroker's, I took my wife along with me, who was better acquainted with the things than I, and she knew every article as she saw them; we had these articles brought before the justice, and I swore to them.
Prisoner. Mr. Timlock I never quitted your lodgings, remember, I told you I was going to lodge where I had lodged five years, you said very well.
I am a pawnbroker; I have got two window curtains, and two bed curtains, that I received of the prisoner.
I am a pawnbroker; I live in Greek-street; I have got a pair of sheets claimed by Mr. Timlock.
Timlock. I can swear to them being my property, they are marked, they were the same let to the prisoner.
Harvey. These sheets were pledged with me the 28th of September, I don't know by whom, I lent seven shillings and six-pence on them, I don't know any thing about the prisoner.
THOMAS SPENCER sworn.
I am a pawnbroker, No. 25, Wardour-street, Soho. I have got a bolster, pillow, pillow case and tea kettle, nothing more, they were pledged at our house by the prisoner, I am sure of it.
Timlock. They are my property, they are part of the things let to her in the apartment.
Prisoner. I did not pawn the sheets.
I am an officer belonging to Marlborough-street office. On the 22d of last month I took the prisoner into custody, and found a duplicate and two keys, the duplicate is Mr. Timlock's property.
Q. Did you go to the pawnbroker's where that duplicate belonged to? - Yes, it was a flat iron.
Prisoner. Did I give you up the two keys of the door out of my pocket? - You did, and the duplicate.
Prisoner. When I went to Mr. Timlock's to lodge first, there was a servant maid that lived with my son, she was out of place, and she came and asked me if she could lay with me one night, and I left her in the room, as I went out to work, I had an apron, handkerchief and caps, which she took and pawned, and left me the duplicates in the room, and I kept it secret to myself, I thought I should turn myself round. I went to a gentleman's house to work, and as I was coming at dinner time from the shop they took me up; I had the key of Mr. Timlock's door in my pocket. This was Friday, in order to give up the room up on Saturday. I had a villain of a husband who stripped me and children, who have distressed me very much; I have not lived out of the neighbourhood for this twenty years, and all the pawnbrokers know for these five years I have brought five guineas worth of things to pawn of my own. I had winesses every day, and yesterday they came and told me that no bill was found against me.
Court to Timlock. At the time you let these lodgings to the prisoner was her husband with her? - I let it to herself, and furniture together with it.
GUILTY . (Aged 30)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron PERRYN.
(The indictment opened by Mr. - and the case by Mr. Knowlys.)
Q. Do you remember the prisoner at the bar coming to your house on Wednesday last? - Yes, he came in first with some butter in a box, a deal box, the box would have contained twenty pounds, or thereabouts; there was only ten pounds in it, and he said somebody had broke it, then he called for the beer, which I served him, he gave me the shilling for me to give him change, which was a bad one, I kept it in my hand, then he gave me a second; then I looked round at him, and recollected that near two years back he was taken up for the same offence, and I knew his person, and I then had some suspicion that he was an utterer of bad money, Mr. Fenner, the constable, happened to stand by, and I gave him charge of him on suspicion of putting off bad money; I returned him the second and kept the first, and marked it.
Q. Was the second shilling a bad one? - I did not examine that, I only kept one shilling.
Q. Do you know whether the second was bad or no? - I cannot say, I gave charge of him to the constable, I had given him change for that shilling, and marked it with a cross.
Q. Where was this? - Just before the bar door, Fenner took a purse out from his side, he had the purse in his hand when he gave me the shillings.
Q. Did he take the bad shilling that he gave you out of the purse that he held in his hand? - I cannot say.
Q. Did you search that purse? - I did.
Q. Did Fenner, the constable? - He has got it in his possession now, and he searched it before the solicitor.
Q. Had he any difficulty in getting the purse? - There was a struggle.
Q. What did you do then? - Mr. Fenner took and carried him to the compter, and searched him with the assistance of three or four others; I was present, I saw a great many articles taken from him.
I am a constable, I was at Mr. Grove's, the Three Daggers, Cateaton-street, when this happened, I went in there a little before four o'clock, I had a pint of porter, I sat myself down, Mr. Grove and the prisoner had some discourse together, I did not attend to it first; I know the man exceeding well; Mr. Grove disputed a shilling, he gave him another, I saw it.
Q. What was done with that one shilling that Mr. Grove disputed? - I cannot say upon my word; the other shilling Mr. Grove deemed to be a bad one, that was the second shilling, Mr. Grove marked the shilling and gave it to me, and gave me charge of the man, and desired I would search him.
Q. What has become of that second shilling? - They were altogether in one bag, I have got the bag, and some to do I had to get the bag from the prisoner's hands, the second shilling is in a separate paper by itself.
Q. How did you get possession of that bag? - I saw it in his hand, and when Grove gave me charge of him I seized the bag.
Q. Did he readily part with it? - He did not, I was obliged to take him to the back part of the room, and get some
Q. What did you get from him at the compter? - I got a parcel of silver out of his waistcoat pocket, one half crown wrapped up in paper by itself, and in the other waistcoat pocket I found some other silver, I believe one shilling and sixpence; I next proceeded to the fob of his breeches, in which I think I found nine six-pences or seven, I cannot tell which, and five shillings.
Q. Were they in paper or loose? - I believe that that was in his fob was in paper, I am not certain, I found some silver in his breeches pocket, shillings and six-pences, some of each, but I do not recollect how many, I believe they were loose.
Q. Did you find any thing on him else besides money? - I found five penny worth of halfpence and three farthings in his waistcoat pocket and a bunch of keys loose; then I proceeded to search his coat pockets, in his coat pockets I found a whole piece of handkerchiefs, I look upon it to be silk handkerchiefs, a quantity of liquorish and almonds, and spices and some other things; I left him in the compter and have kept all the money ever since.
Prisoner. When you was at the Lord Mayor's, the Lord Mayor ordered you to deliver me the property again and you have not.
Mr. Knowlys. The prisoner says that you took the property from him, have you that property now? - No, I have not.
Court. You talk of the waistcoat pocket, as to the shillings and sixpences and halfpence, was it in the same pocket or the side pocket that the half crown's and the other money was in? - The halfpence and farthings were in one pocket and the half crown in the other.
Q. How many waistcoat pockets had he? - Two.
Q. In which pocket were the shillings and halfpence? - The shillings and the halfpence was in the right hand pocket, and the half crown was in the left hand pocket.
Mr. Knowlys to Grove. (Show him a shilling.) Was this shilling the one that was tendered to you or not? - It is, I marked it myself.
Fenner. That is the shilling I received of Mr. Grove.
I am employed by the mint to give evidence on these occasions? - I succeeded my father-in-law Mr. Clarke; this shilling is counterfeit. I have attended here several sessions.
Q. Look at this money that was in the bag? - Here are nine shillings in all, two of them are bad, the rest are good. Here are seventeen others and ten of them are bad; here are twelve six-pences in all, and ten of them are bad; and a half crown, there are two half crowns, here are five-pence three farthings in copper.
Court to Fenner. Have you a perfect recollection of the account you have given? - Upon my word I don't know that I have made any mistake.
Q. You have told us that the second shilling that the prosecutor took was the bad shilling, you said he first offered him a shilling that he disputed, and that he offered him a second shilling and that he marked? - I cannot swear to that exactly,
Mr. Grove. Was it the first shilling or second that you marked? - It was the first shilling that I kept, that I will be upon my oath; I had them both in my hand at one time.
Q. What was the change that he was to take out of the shilling? - A penny three farthings was due to me only.
Prisoner. The money that I had in my purse I took it that very day for butter, and as for them that were lapped up in paper they had been some that had been taken some time ago, and I never offered them nor did not intend to offer them. Some times I go out of an evening a fiddling and get twenty shillings in a night, often had shillings and sixpences; there was a bad dollar slung into my hat not long ago while I was fiddling.
Fenner. There was nothing but the half crown in paper.
Prisoner. In my time I have dealt very large in butter and cheese ; I married Miss Holmes, the banker's daughter.
Jury to Grove. Did you give him change? - I did, I gave him four-pence farthing, he had a penny and two farthings in his pocket before.
GUILTY , (Aged 60.)
On both Counts.
Imprisoned one year in Newgate and to find security for two years more .
Tried by the London Jury before Mr. RECORDER.
ROBERT CLARKE sworn.
I am an innholder at the George in Aldermanbury ; I lost my black coat November the 10th, Sunday, it was taken from the coffee room in my own house, the prisoner at the bar, went into the coffee room about eight o'clock in the evening, and took it off the hook, there were several gentlemen in the coffee room besides.
Q. Was you in the room when he first came in? - No, I was not. The gentlemen that were in the room gave me information that he had taken down one of the great coats, in consequence of that we bolted the outer door where he came in at, we did not do any thing till we saw which way he came with it, I saw him in the coffee room.
Q. What did you see him do in that coffee room? - Not any thing at all, I was not in the same room, only I looked through the window, I saw him when I came out of the coffee room into the room where I was sitting, we call that the bar room.
Q. Could he see you in the bar room? - Yes, he went to go into the street and the door was bolted, he could not get out, I went to him and took hold of him and he dropped the great coat from behind his own coat, I saw him drop it.
Q. Where was he when he dropped it? - In the bar room.
Q. Did you pick it up immediately? - No, the constable picked it up.
Q. Did you seize him? - The waiter seized him, he is here.
Q. What was done with the coat? - The constable has got it.
Q. Who gave it to the constable? - Upon my word I don't know I am sure.
Q. Where did you last see it before it was missing? - I never saw it at all till it was taken by the man; it was not my property, but the Lord Mayor told me I was responsible for it, the gentleman was not in the house that it belongs to.
Q. This room is part of the house where your Inn is kept? - It is
Q. What was the gentleman's name to whom it belonged? - Saddle.
I am a servant to my brother. On the 10th of November, about eight in the evening, the prisoner at the bar came into the coffee room at the George in Aldermanbury, he placed himself down in one of the boxes for about ten minutes or a quarter of an hour, where this great coat was laying on the box; I see him take hold of the coat to put it underneath his own coat, two or three minutes afterwards, after the coat was lost out of sight, he came out of the coffee room, I watched him, and he attempted to go out of doors, I saw part of the great coat hanging down under his own, he had a great coat on, I stepped up to him and took him by the collar and said, halloo, where are you going with that great coat? The prisoner replied, I have got no great coat; immediately as I took him by the collar he dropped the great coat from behind, I sent for a constable and took him into a back parlour and had him searched.
Q. Who took up the coat? - I did, and delivered it to the constable.
Q. Is this a woollen cloth coat? - It is.
Mr. Knapp. You are brother to the person that keeps the inn? - I am.
Q. the person to whom this great coat belongs was in the coffee room at that time? - I don't know that.
Q. Is the person who owns the coat here? - He is.
I am a constable. I produce a great coat which was delivered to me, and the prisoner into custody, which I took to the compter.
- SADDLE sworn.
I was not in the coffee-house at the time; I was there in the morning, but I went away, and left the great coat; I was not there at the time the prisoner was there. This is the coat I left there. I know it by the buttons, size, and pockets; I have no doubt about it.
Prisoner. I came to this gentleman's house on the 10th of last month, which was the Sunday, I came into the coffee-room, and called for a glass of rum and water; I stayed there some time, I cannot recollect the time, about twenty minutes after I called for the rum and water, and paid for it, at the same time as I was sitting in the box; before I went, I took the coat which laid on the table; I had my own on at the same time; at that time I was rather intoxicated, and did not know myself very well; I took the coat, and went as far as the door of the coffee-room, where I was stopped, there I found I had my own coat on; and Mr. Clarke took the coat away from me out of my hand; I was so giddy at the time, I could scarcely recollect who stopped me; then I immediately delivered the coat, according to what they took from me, and said nothing at all, as I found I had got my own on, I recollected that I made a mistake; for my intentions were not to have taken away the coat, I assure you, it was through mistake and intoxication, that I had that misfortune.
Christopher Clarks . Did he appear to you very much in liquor? - No.
Q. Did he say any thing more to you, more than what you have stated? - He dropped the coat immediately as I took hold of him.
Jury. Was the prisoner sober? - He was.
Q. Was his own great coat buttoned? - It was, and the boy's coat under it.
Court. I understand you to say, that you saw him put it under his own coat? - I saw him put it under his own great coat, and the sleeves hung down under his own great coat.
Prisoner. It is false, I did not put it under my great coat, I had it on my arm, as if I was going to put it on.
Judgment respited .
Tried by the London Jury before Mr. RECORDER.
John Talbot Rice Cardinal Baron Dynevor.
I saw a pump was put to the place where one was stole from, and this appears to be the pump that was stole from thence.
Q. Did you know this pump to be the pump of Lord Dynevor? - I did not, but his pump had been removed, and that filled the place.
I have got a leaden pump here, I took it from the prisoner, it was in his possession, he was in Mountain street, the back of Portman-square; Lord Dynevor lives in Portman-square ; when he saw me coming up to him, he let it drop out of his hand against the wall, and set his back against it. When I came up, I apprehended him, and took him to the watch-house.
Q. What account did he give of having the pump in his possession? - I saw him take it off the stones where it was put, at the back of Mr. Montague's in George-street; but when I brought him to the watch-house, he said, he knew nothing at all about it; there were two of them together.
Q. Had you ever seen that pump near Lord Dynevor's stables? - No, I have not; I have compared it with the place, where a pump was taken from, and it seems to fit the place.
Q. How far is Lord Dynevor's house from the place where this pump was among the stones at Mr. Montague's? - About a hundred yards.
Q. You had not observed any pump at all at Lord Dynevor's, previous to this time? - I had not.
Q. Then you know nothing more to effect the prisoner at the bar, but that he had this pump in his possession, at the time he was apprehended? - I asked him, what he did with it? he said he knew nothing about it; there was another person along with him, and they and the sack, the same sack that I have now, to put it in, they had the sack, but they did not put it in. I did not see the prisoner in possession of the sack.
There was a young man that came to our house, and we went up to Mrs. Sparks, to have a quartern of peppermint, and we met this Nathaniel Hardiman, and another; and Nathaniel Hardiman had this pump on his shoulder, and he put it among the stones at Montague house, I saw him do it, I knew him before.
Q. Had you any conversation with him afterwards? - I had not; he came to the corner, and asked me, if I would have any thing to drink? I said, No.
Q. Did you perceive from what place they came with this pipe? - He came over to me, and put it among the stones.
Q. Did you see him come from any person's house in the neighbourhood? - No.
Q. Had you ever observed a pump annexed to the stables of Lord Dynevor? - Yes, I saw this pump, and put it to the place where it appeared to have been before; I saw it fitted, it appeared to me to fit very well, it appeared to have come from that place; the first that ever I saw of it, was, the watchman bringing of it, I did not see it in the state it is now in, till Wednesday last.
I am a watchman of the night in Portman-square, where I have known this pump for these eight years; it was fixed at Lord Dynevor's stables, I worked it many a time.
Q. Have you known any horses water
Q. When did you first observe it had been taken away? - About half past six that same night, the 19th of last month it was there; there are two parties of watchmen in Mary-le-bone, and I did not find it gone till the next morning.
Q. Do you know any thing of the prisoner? - No.
Prisoner. I had been to No. 35, Manchester-street, the overnight, when a gentlewoman told me, I was to come the next morning for the dust; I went, and I was very dry, and I asked for a drop of table beer, and she brought me up a pint and a half, and it was very sour; but I drank a good draught of it, and it gave me the gripes, and I went to ease myself, and that man came and catched hold of me, and said I must go along with him.
The prisoner called one witness to his character.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Baron PERRYN.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
54. ANN GLADDEN was indicted for stealing on the 7th of October , twenty-one linen sheets, value 5l. a Manchester bed curtain, value 3s. a linen pillow cafe, value 8d. the goods of John Robinson , in his dwelling house , and MARY DOUGLAS was indicted for receiving on the 7th of October , four linen sheets, value 15s. being part of the above goods .
(The cafe was opened by Mr. Knowlys.)
Q. Do you make up a number of beds in your house? - Yes, eight and forty.
Q. Have you lost any sheets? - I have lost a great number.
Q. In what situation in your house was Gladden, the prisoner? - In the situation of head chamber maid .
Q. In her situation had she the care of the linen sheets? - She had.
Q. In consequence, if any sheets were wanted in the course of the business, must the other servants have applied to her, or could they have got them without her assistance? - None were able to give out any, but herself.
Q. Who made the beds? - Both Gladden and Weeden, the other chambermaid. Weeden cleaned and scoured the rooms, and was under Gladden.
Q. Had you a girl of the name of Brown? - Yes, in the kitchen, under the cook, and apprentice, but she had no business in making the beds, that was entirely trusted to Weeden and Gladden.
How long had Gladden lived with you? - She came to me the beginning of August, about the seventh or eighth, by the Ware coach, as a country person; and was hired in the capacity of chambermaid, and left me the 19th of November, rather in an abrupt manner.
Q. Had you any charcter with her? - No, we wanted a chambermaid at that time, and there was an old man of the
Q. How long after she left you, had you any suspicion of losing any property? The next morning; she left us on Tuesday; she came in that morning, and desired her mistress to settle with her what money was due to her, and a guinea that she had deposited for some things, that they use in their business, for she wanted to go down into the country, and could not stop. It is the custom of our house to have security of our upper chambermaid; her mistress told her, that the gentlemen in the house were not stirring, and she would see in what state the linen was, before she settled with her. She began to make use of very bad language, and swore that she was neither a thief nor a drunkard, and that her mistress should not detain her; however, she told her, she certainly should detain her, till such times as she had looked the linen over; after we could get into the rooms, we went about, and took an account of the different sheets that were on the beds, and what was dirty and clean, and what was at the washerwoman's; we found there were twenty-one short of the account she had given in, when they were looked up before.
Q. When was the last time, that the sheets had been taken an account of? - The 7th of October, and then they were not all there, only she made up that number according to her own account, by saying, there were rooms that she could not get in at. She said, there were no more, they must be in the drawers, for she would be d-d if she had not brought the sheets in, when she took them off the beds, and she would be settled with; her mistress took her in, and made her tell over the clean linen, and the account of what was at the washerwoman's, and she said, she had not got them; I was present when that was done, still there was the same deficiency of twenty-one; after that she began to make use of bad language; I sent for a constable, and gave charge of her, on suspicion of having stolen the sheets; she was not fully committed, till the 27th, about a week after. The constable who was charged with her, instead of taking her to the Compter, took her over to the public house, where she lodged the night before, and let her drink tea with the mistress. I was not pleased with his behaviour in the business, and I would not let him have any thing more to do with her. She was taken into custody that night, the 20th of November.
Q. Besides these sheets, did you loose any thing else? - There were three towels found at Mr. Parker's of mine, there was a linen pillow cafe at Mr. Watson's, in Watling-street, and a check bed curtain, which I found the duplicate on Weeden.
Q. Had you missed them at the time, you took Gladden up? - I had not, but I found afterwards, they were missing; they have our mark on them.
Q. Do you know any thing more of this matter of your own knowledge, then what you have now related? - Nothing more than finding the sheets at different pawnbrokers.
Mr. Knapp. You keep the Angel Inn? - I do.
Q. Are you the sole proprietor? - I am.
Q. The last account you had taken of your property, was so long ago as the 7th of October.
Q. These sheets must have been missed of course, before the prisoner returned again, to have her wages paid her? - These sheets were part of them pawned at the time she gave her account.
Q. Did she return to your house to have her wages settled, after these sheets were pawned? - She did on Wednesday morning.
Jane Brown ? - She was an apprentice.
Q. How long had she lived with you? - She came to me in December, 1792.
Q. Had she remained in your service all the time? - She continued in my service till about the 27th of September last, when I turned her over to Mrs. Robinett, in Holborn.
Q. On your oath, what was the reason that you turned her over to Mrs. Robinett? - Because a girl in our house is not a very proper person to be kept at an inn.
Q. Do you mean to give that answer to the jury? - I do.
Q. Upon your oath, did not you discharge your girl from your service; in the first place, for being a liar, and in the next place, for being a thief? - I never took her to be a thief.
Q. That is not an answer? - She was never accused of being a thief.
Q. That is not an answer? - A thief we never accused her of being.
Q. A liar, what do you think of that? Did you never charge her with being a liar? - I have charged her with telling lies to hide the servants faults.
Q. There were other reasons that induced you to part with this girl and turn her over to Mrs. Robinett - The girl seemed to wish to have a trade rather than to be brought up at an inn.
Q. There was no other reason? - There was no other, upon my oath.
Q. Now the prisoner Gladden had lived with you four months? - She had. She had not been with her above five or Six weeks at the time the girl went.
Q. What became of Gladden at the time she went away from your house? - She went over the first night, and lodged at the public house opposite to our gate.
Q. Did she go into any place afterwards? - No.
Court. Do you mean the day she left your house? - It was, and there she slept that night.
Mr. Knapp. Did you ever give her a character to another place? - We did not. The place she went to, was the compter.
Q. I see you are a pretty spirited witness; on your oath, did you give a character of the prisoner, Gladden, at any time? - We did not.
Q. You always make persons, who are your servants, deposit money for the security of your property? - It is a common thing in an inn.
Q. The accomplice Weeden had access to the beds, as well as the prisoner? - Under her directions she had; she scoured, and swept, and did any thing that she was ordered.
Q. The prisoner Gladden's business was to deliver out the sheets? - Her business was, when she wanted sheets, to come to her mistress, and she was to give the dirty ones to her mistress in.
Q. If the prisoner Weeden's business was to sweep, and to scour the rooms, it was not always that Gladden was by? - They generally were in one room together; one dusted and made the beds, and the other, swept; it might happen sometimes, that one might be gone to the washerwoman's, and the other might be waiting on the gentlemen.
Q. You say you have many beds in your house? - Eight and forty.
Q. You have a vast variety of different people that lodge in your house? - Mostly tradesmen.
Q. They lodge for a night, and then off again? - Some for a month, and some for a single night.
Q. The washerwoman of course gives an account, how many sheets she takes in, and how many she brings back? - She
Q. Perhaps your wife makes it out at other times. Do you mean to say, that generally you make out the bill yourself? I do.
Mr. Knowlys. On whose account do you make out the bill? - On Gladden's.
Q. Whose duty is it to bring down the sheets, to have the bill made out? - Gladden's.
Q. We are told, that she slept the opposite side of the way that night, that she was turned away? - She did.
Q. She had not at that time been called upon, to make good her account till the next morning? - She was not.
Q. How old are you? - Turned of fifteen. I see them both, Weeden and Gladden, taking bundles together, continually going out; I lived in the house with them for some time
Q. Could you make out what the bundles were? - I don't know what the bundles were, they were very large bundles.
Q. How lately before Gladden went away, had you seen her go out with a bundle? - I went away before Gladden went away.
Q. Did you ever tell your mistress of these facts before they went away? - No.
Q. Have you ever been scolded for not telling things of the servants, which they did? - Sometimes, I have.
Q. By whom have you been scolded? - My mistress.
Q. You did know, perhaps, they went out with sheets? - I did not. There was one Monday, when they had done their work pretty soon, they cleaned themselves, both of them, Gladden and Mary Weeden , and went out with two large bundles, both of them.
Q. Did you see them when they came back? - Yes, and they had a great quantity of money in their hands, but how much it was, I don't know.
Q. Had you any conversation with them, when they returned? - I had not; they whispered to each other, but they said nothing to me. My mistress gave Ann Gladden leave, one Sunday, to go to Ware. I went down to the coach with her, and Mary Weeden went with her.
Mr. Knapp. My little girl, your master turned you over to Mrs. Robinett? - Yes.
Q. You was frequently scolded by your master and mistress? - Yes, not very often; sometimes.
Q. What did they scold you for? - for not telling of the servants faults.
Q. They never charged you with telling lies? - No.
Q. You was a good girl, never told lies? - Never.
Q. All this, that you have stated to my learned friend, Mr. Knowlys, you kept snug till you had left the place, you never said a word to your master and mistress, till you had left the place? - No.
Q. How came you to tell it then? - I was called upon.
Q. How came you not to tell it before? - They were not found out.
Q. You say, they went out with bundles, whether they went to the washerwoman's, you don't know? - They always said, they were going to the washerwoman's.
Q. Here is one of the times, one day, Gladden had leave to go down to Ware by her mistress? - She had.
Q. She took a bundle with her then, her mistress saw the bundle? - She did, and Gladden said, they were her own clothes, and her mistress believed it.
Q. What time of the day was this? - In the afternoon, at day light.
Q. Then they made no secret of it all? - No, none at all.
Q. Would you have told these circumstances about Gladden, if your master had not called upon you? - I should not have told, except he had called, for I did not know that they were stealing them.
Q. Did you know at the time they were stealing any thing? - I did not.
I am a pawnbroker, a servant to Mr. Watson, in Warling-street.
Q. Do you know the prisoner Gladden? - I cannot say, I do.
Q. Do you know the other prisoner? - No, I do not; I recollect Gladden by sight, but I cannot say, where.
Q. Has any things been pawned to your master? - Yes, there were eight sheets; I cannot say rightly, who pawned them all, because I did not take them in; it was a person who gave us the name of Morris.
Q. Was it, that person Weeden? - That is the woman, I mean.
Q. When did you see that woman? On what occasion? - I have seen her at different times. She is the woman that appeared by the name of Morris. She produced eight sheets, as far as I can understand. I did not take them all in; I took in three sheets of her; one, the 19th of September; another, on the 2d. of October; and another, on the 23d.
Q. At the time you took in either of these, was the witness Weeden alone, or in company? - Alone, there might be somebody behind; but I did not see her bring any body in.
Court. Then she was always alone to your knowledge? - She was.
Q. You are certain, what you say, is true? - It is.
Q. Your evidence has been taken down, and if you have sworn any thing that is false, you may, perhaps, he prosecuted for it. Do you mean to persist in every thing, that you have said? - I do.
Jury to Brown. Did your master and mistress see them go out with these bundles? - Yes, my mistress saw them, but she did not know where they were going to take them to, she thought they were gentlemens linen.
Mr. Knapp. They often carried out gentlemens linen? - They did.
Mr. Knowlys And your mistress asked no questions about it? - Yes.
I am a servant to Mr. Parker, a pawnbroker. I have got one sheet here, I took it in myself on the 13th of November, of the prisoner Douglas, I am sure it is her; I had known her before; she had pawned things before; when she brought the sheet, seeing the name of I and P. Robinson marked on it, I asked her whose property it was; the name was at full length in one place, and R, at another corner; she told me it was her own; she bought it of a person whose name was Robinson; and then I asked her, if it was a sheet that she had had to wash, meaning, whether she was a washerwoman, she said, no; it was her own property; I told her then, if it was given her for washing, and she pledged it, she was liable to be transported; she assured me, it was her own property; I asked her the number of her house where she lived, she said, 131, Wood-street, it is a true account, that was the house she was taken from.
Mr. Knapp. Smith, then notwithstanding, you told her, that if she had it as a washerwoman, and pledged it, she was liable to a sentence of transportation, yet she still persisted she had bought it of a person of the name of Robinson; with respect to her place of residence, she told
I am servant to Mr. Bottomley, pawnbroker, Red Cross-street. I produce four sheets, I don't know who took them in, it is near three months since some of them were pledged, and we cannot recollect.
Q. Do you know who took in any one of them? - I am not clear, they are marked Robinson.
Q. Do you know the persons of either of the prisoners at the bar? - No.
I was a servant at Mr. Robinson's.
Q. Will you be so good as to tell us what you know about these sheets? - I know about eight or nine, I cannot be sure which, Ann Gladden delivered to me, for me to go and pledge them, and bring her the money, I was house-maid, and she was chamber-maid, and had all the care of the linen; I never went up to make beds without she was with me; she took the sheets off the bed, and put them on again, and gave them to me to go and pledge, and bring her the money.
Q. When you went to go and pawn them did you go alone to the pawnbroker's? - No, she went with me, I went once or twice by myself, she went out with me sometimes.
Q. At what time did you go out together? - About six o'clock in the evening, I can hardly be sure.
Q. Do you know whether Gladden at any time went into the country? - Yes, she did, it was on a Sunday, I don't know the day of the month, she took a bundle of four sheets with her, tied up in an handkerchief, I saw them.
Q. Were they her own sheets? - No, they were my master's.
Q. Did her mistress see her when she went into the country? - I don't know whether she did or no.
Q. What part of the country did she say she was going to? - To Ware.
Q. Do you know whether any body saw you at any times? - I don't know whether they did or not.
Q. Do you know what money was got for pawning these sheets at different times? - Four shillings, three shillings and six-pence, and three shillings.
Q. Do you know how much you got altogether? - No.
Q. How long before this was found out was it that she gave you the two sheets? - About two months ago, I am not certain, she gave me two sheets, I gave one of them to Mrs. Douglas.
Q. Did you find Douglas at her own house? - I did, No. 131, Wood-street.
Q. Did Douglas know where you lived? - I lodged with her when I was out of place,
Q. How many sheets did you carry to her? - Only one.
Q. Was that one sheet marked? - Yes, Robinson.
Q. Should you know it again if you was to see it?
Court to Parker. Shew her the sheet? - That is the sheet.
Court to Weedon. Did she ask you how you came by it, or ask you any questions? - No.
Q. How did your master come to know that you knew any thing about it? - I don't know, I was taken up.
Q. How long after Gladden was in custody? - I think four days, I cannot be certain.
Q. Before you was taken up did you know that Gladden was in custody? - I did not.
Q. Was you carried before a justice? - Yes.
Q. Did you see your master before you was taken before a justice? - Yes.
Q. Before you made this discovery, was any thing said to you to make this discovery? - My mistress came and persuaded me to tell the truth how I came by the sheets.
Q. Did you undergo the examination before the magistrate, in company with Gladden, or were you examined apart? - We were together.
Q. As you went away from the examination did Gladden say any thing to you? - No.
Q. You are on your oath, remember. Is this account true which you have given both with regard to Douglas and Gladden in every respect? - It is.
Mr. Knapp. How long have you lived in this place of Mr. Robinson's? - Ten weeks.
Q. Did you live there before Gladden, or after? - After.
Q. You have told the whole truth? - Yes, every particular of the truth.
Q. You know by giving your evidence now you save yourself from being tried on this charge? - I speak the truth.
Q. Don't you know that you will not be prosecuted now having giving your evidence; you have been admitted an evidence for the prosecution, by that means you are safe from being tried? - I am not sure, I believe so.
Q. You never told any thing about this robbery, that you have given my learned friend an account of till you were taken up? - No.
Q. You never said a word to your master or mistress? - Never.
Q. Did you think it was right not to tell your master and mistress about it? - It was not right.
Q. But you never told any thing about it. you kept it all quiet? - I did.
Q. You never was prosecuted before? - Never.
Q. How many places have you been in before this? - Three or four.
Q. Who did you live with last? - Mr. Jacks, at Hoxton.
Q. Was you turned away from that place? - I was not.
Q. Did not he charge you with robbing him? - No.
Q. Did not he on your oath, and went to the pawnbroker's and found the property? - He went to the pawnbroker's; it was my mistress charged me.
Q. What was found at the pawnbroker's? - Three spoons.
Q. Who pawned them? - I did.
Q. Did not your master and mistress, Mrs. Jacks turn you away? - No.
Q. Did they keep you in the house after this robbery was committed by you? - Yes, for about eight or nine months.
Q. How long did you live altogether with them? - Almost two years.
Q. When you was out of place you always lodged with Mrs. Douglas? - I did.
Q. You gave her the sheet, and desired her to pawn it? - No, I gave it to her as a gift, I told her she was welcome to it, till I wanted it.
Q. Did you pay her any thing for your lodgings? - I made away with all
Q. Did you pay her for your lodgings? - Never.
Q. Your mistress persuaded you to tell this story? - She pursuaded me to tell the truth about this business.
Q. Did not she tell you that if you would tell the truth you should be admitted an evidence? - Yes.
Q. And then it was, and not till then you gave this account? - Yes, I told her before that, I was telling her about it when she told me so.
Q. Was you taken up? - I was.
Q. Did not your master and mistress say if you would tell them every thing about it, that they would be favourable to you? - They did not.
Q. Did not they tell you if you did not tell the truth that you would be hanged? - They did.
Court. And so you will, my girl, if you go on in this way.
Court to Robinson. Look at this one sheet which Parker has produced, is it your's? - It is mine, I am certain of it, here is the marking iron that it was stamped with J. P. Robinson, and an R. put on it separate at the corner, it is my sheet.
Mr. Knapp. I am desired to ask you a question, whether some time ago you had not been robbed, and you found some duplicates some time before this? - I have been robbed several times since I have been in business.
Court to Weedon. You said that she carried four sheets into the country with her, this was not one of those four that she carried into the country? - No, it was not.
Mr. Knapp to Mr. Robinson. Did not you find some duplicates? - There were some pieces of duplicates about two years ago that were brought me.
Q. Were they of your property? - They were tore into such small pieces that we could not make them out.
Q. Then they were not property as had been given to washerwomen? - About three years I found some duplicates that a washerwoman who drowned herself had pawned, and I got my linen at that time, that is three years ago.
Prisoner Gladden. I never sent out a pair of sheets by that girl in my life, I never had such a thought, nor never knew of her carrying them out.
Prisoner Douglas. The night that woman came away from her place which I have been informed since, was in Angel-street, she came crying to me, and said that she had left her place, and had met with an accident, and broke two panes of glass, and asked me if I would be so kind as to let her sleep in the house one night? I told her I had a bed, but I had no sheets to put on the bed; the reply she made was, that she had a sheet of her grandmother's, which her grandmother had left her about five months before; and she gave me that sheet to put on, I did not at all think that she was dishonest, for Mr. Robinson gave her a character that very morning to go to her present place where she was taken from.
The prisoner Douglas called four witnesses who gave her an excellent character.
Both not GUILTY .
Tried by the London Jury before
Prisoner. The indictment has never been fully read to me, nor have I been
(The indictment read by the clerk of the court.)
The indictment was opened by Mr. Raine, and the case by Mr. Fielding.
(The witnesses examined separate.)
I am a manufacturer at Glasgow, in Scotland.
Q. Was you in the London coffee house of the evening of the 30th of September last? - Yes.
Q. Did you see Mr. Hudson and Mr. Pigot there? - I did.
Q. About what time did you first observe them in the coffee house? - I suppose about seven o'clock.
Q. What was the first thing that attracted your thoughts, respecting the prisoner? - When they came into the room Mr. Hudson called for a news-paper, and sat down in a box in the open coffee room.
Q. Was there many people in the coffee room, or was it empty, or how? - There were a good many in then, but there were more came in afterwards, the coffee room was not so full then as it was afterwards. Mr. Hudson he began reading the defeat of the Dutch troops in the paper; the first thing that attracted my notice, was that he wished the Duke of York and his army was either sent home, or sent to the Devil, he did not care which; there were a good deal of things spoke respecting several characters afterwards; I believe this conversation was between the prisoner and Mr. Pigot.
Q. How far off was you from the prisoner? - I was in the next box, sitting in a chair at the end of the next box.
Q. In the course of this conversation was the King mentioned at all? - He was.
Q. By whom? - By Mr. Hudson.
Q. Be so good as to tell us what part of any thing was mentioned by Mr. Hudson? - He said, 'The King, what was he, George Guelph, a German Hogbutcher, a dealer of human flesh by the carcase, and sold his Hanoverian subjects to his British subjects for thirty pounds a piece.'
Q. Will you utter the words just as he uttered them? - I think it was, 'The King, what is he, George Guelph , a German Hog-butcher, a dealer in human flesh by the carcase, he sells his Hanoverian subjects to his British subjects for thirty pounds a piece, and that he was not satisfied with that, that he was partner with the Prince of Hesse Cassel.
Q. Speak the words in the manner he related them? - And not content with that he goes partner with the Prince of Hesse Cassel, and has fifteen pounds a head for each of his carcases.
Q. In what tone of voice was this said? - It was in a sharp tone of voice, and rather felt noisy by the gentlemen that were sitting along with him; it was louder than the common conversation.
Q. Do you know in point of fact whether it was heard by those persons in the neighbouring boxes? - It was heard very plain by the gentlemen that sat with him, and several others.
Q. After he had made use of these expressions what followed then? - There was some conversation took place between Mr. Pigot and him, Mr. Hudson took up the paper, and read of the King's going a hunting, and seemed to reflect much on his Majesty's doing so, at the time that his country was in such calamitous war.
Q. Was there any toast given by any body? - In the time of conversation they had drank two glasses of punch each, they called for a three penny glass, and hurried it.
Q. In what tone of voice did he call out that? - In a very loud tone of voice, much sharper than he had said any thing before.
Prisoner. You said it was about seven o'clock in the evening when I came into the coffee room? - I have said so.
Q. How long do you think I was in the coffee room from first to last? - I cannot say.
Q. How long do you think? - He kept the room for I suppose half an hour after the business might have all been over.
Q. That is not an answer; How long do you think I was in the coffee room? - I suppose you might be two hours, I took no particular notice of the clock.
Q. Did I address myself to you in any part of that two hours or not? - As an individual you never addressed me.
Q. Did I address myself to the company at large? - Yes.
Q. You swear that positive? - I do.
Q. Pray how was that manner of address made? - You said, when the gentleman got up and drank the King, you got up and said, what are we all?
Q. How did I address myself to the whole room? - You asked them what were they all? - That was immediately after you had drank the toast.
Q. How long do you think I might have been in the coffee room before I addressed the company with that question? - I don't know, perhaps an hour or an hour and a half.
Q. Do you think it was an hour? - I don't think it was quite so much.
Q. What had past before I had asked that question? - The drinking of the toast.
Q. Pray in consequence of what was it that I made that address? - When they drank the King.
Q. Pray, Mr. Buchanan, did you see any body attempt to interrupt me previous to this address? Mind I ask you positively to speak to that question, because that you must know? - Yes, I think Mr. Newman did.
Q. Are you positive that Mr. Newman did? - I think so.
Q. You seem to be extremely positive in some other things why not in this? did you or did you not see some person interrupt me? - Yes, they drank the King.
Q. That did not interrupt me? - It was done to that effect.
Q. Was nothing else done? - I see Mr. Newman interrupt you.
Q. Was this before or after I addressed the company? - It was before.
Q. Now, sir, Pray what was the manner of that interruption? - He told you you was a bad man or you would not have been guilty of giving that toast. I don't know whether he did not call you a rascal.
Q. Pray, sir, did not you hear him call me a rascal, if you can recollect one part of the conversation, so much against me you surely can recollect the other, or else your's must be a very accommodating
Q. Was it words to that effect? - I think it was.
Q. Were they opprobrious terms? - There were words on both sides
Q. I ask you positively whether he did or did not call me a rascal? - He did to that purpose.
Q. Would you have supposed that any other man was called a rascal? - I know the words he said to you was calling you a rascal.
Q. Did he do any thing else? - When you called him a rascal he seemed to have an inclination of striking you on the head with his came.
Q. Did you hear Mr. Newman call me a rascal? What did he call me? - I told you he called you something to that purpose.
Q. Did you see Mr. Newman do any thing to me than call me opprobrious names? To cut the matter short, did not you see him put his fist to my face? - He did put it very near to you.
Q. If he had applied to you in that way would you have supposed that he meant to strike you? - I had not given him a provocation to do it.
Q. Would not you have supposed he was going to strike you? - Mr. Newman and you both were in a passion, and you called out to the whole room that he was an aristocrat and a rascal.
Q. Did not you see him put his fist in my face before I addressed the company? - He seemed inclined to strike you over the head.
Q. Was not all this previous to my having addressed myself to him or the company? - It was in consequence of getting up and drinking The French Republic and may it triumph over all the governments of Europe!
Q. You say you heard me call the King, a German hog butcher and other words; are you sure that these were all the words that I uttered, are you sure that I never uttered any words by way of comparison, such as he was no better? - I have told every thing to the best of my recollection.
Q. Don't you know what past previous to my making use of these words? - I remember a great many scurrilous things said of different characters, but they are put off here by the court, and I am not to mention them.
Q. Pray at what period of the evening was it that I gave a toast to the French Republic? - At the time that Mr. Newman and you seemed to have a scuffle, when you got the third glass of punch, not before that as I can recollect, and you sat by me all the time, I was not far, I was a great deal too near you.
Q. You was not I think before the alderman when I was first taken up? - I never was before any body till I came here.
Q. Was not you applied to come before the alderman? - No.
Q. How came you to come here to day? - Mr. White subpoened me here.
Q. Was it not in consequence of a paragraph appearing in one of the papers, stating that this country had to pay for so many Hanoverians killed at thirty pounds a head, that I made these remarks? - I did not hear you read that.
I keep the New London coffee house; this gentleman, Mr. Hudson, and Mr. Pigot, came into the London coffee house, between seven and eight o'clock, the 30th of September last, it was on a Monday evening, they had been in the house more than half an hour, and they had had three glasses of punch and began to be noisy, they called for several papers, in fact I believe all the papers, and as they called
Q. Do you recollect any other toasts that were given by the defendant? - There were several others, but I cannot take on myself to recollect any others; these were both given by Mr. Hudson.
Q. Had he a glass in his hand, was he standing or sitting? - He was sitting at that time, he gave it in a friendly manner but very loud, in short he called the attention of all in the room and the gentleman pressed me to turn them out; I told them I would thank them if they would make it a business of their own, as I did not wish to interfere in it, and told me I ought not to suffer such behaviour in the coffee room.
Q. Was that heard by Mr. Hudson? - It was not. These toasts, I have mentioned must be heard by the gentlemen; by this time Mr. Newman came in, he walked up the room and he heard the toasts, and he said Mr. Leech why do you suffer such behaviouras this in your room? by this time Mr. Hudson had spoke so very loud as to cause Mr. Newman to call for a glass of punch and give the King, and every body in the room got up on their feet and gave The King! The King! ten times or more; this rouzed Mr. Hudson, he got up on his legs and gave the French Republic! he had a glass in his hand; Mr. Newman then went rather closer to him and seemed to shew great indignation at the toast which he had given; Mr. Hudson persisted in it and gave it again and said he would drink it, and held up his stick in a posture to provoke Mr. Newman to strike him, Mr. Newman seemed very warm but was persuaded by the gentlemen present not to strike him, I believe no blows passed on either side.
Q. Do you remember whether he held up his stick in that menacing posture before he was threatened by Mr. Newman? - I should rather think it was after Mr. Newman had reproved him for giving such a toast, but certainly before Mr. Newman offered to strike him.
Q. What followed on that? - Several gentlemen called to me and desired I would turn them out of the room; I told them I had observed their conduct for some time and I did not think I was justified in turning them out of the room, but I certainly would deliver them into the hands of the police; I sent for an officer, there was twenty minutes elapsed or more before an officer came, during that time they behaved very riotous, particularly that gentleman offering his stick in the face of two or three gentlemen, Mr. Pigot made an attempt to go out, but I pulled him back again and had all the doors fastened, and when the officer came I gave them into his custody.
Prisoner. Pray Mr. Leech what hour in the evening was it I entered your house? - I suppose it might be about seven o'clock.
Q. How long might I remain in your house? - Till near nine.
Q. You think it did not exceed nine before I went out? - I think it was about nine.
Q. How came I to go out of your house? - I ordered you out, I gave you in charge of the officer.
Q. What authority had you for that? - If you had not said any thing I should not have ordered you out by an officer.
Q. How many glasses of punch did I drink in your house? - Three.
Q. Was it the first, second, or third? - The third.
Q. Did I address myself ever to you? - Yes, you called me a fool.
Q. Did any body attempt to interrupt me before I addressed myself to the company? - Yes, you was clearly interrupted before you addressed the company, because every body was so hurt.
Q. Did not you hear Mr. Newman call me a rascal? - I did not.
Q. You swear positively that Mr. Newman did not call me a rascal? - You heard me, I answer no.
Q. Did you not see Mr. Newman put his fist into my face? - Yes.
Q. Was not that previous to my having addressed myself to the company? - No, it was afterwards.
Q. Now, sir, what part of the room was you in when you heard me drink these toasts? - Not a great way from you, a little farther from you than I am now.
Q. Did I drink them as toasts to the company at large or to my friend? - You drank them to your friend at first, but you drank them so loud that they could be heard all over the coffee room.
Q. Was it not after Mr. Newman called me a rascal and put his fist in my face that I gave the toast on my legs? - It was, I said so before.
Q. Did I seem to have given Mr. Newman any provocation to induce him to put his fist in my face and call me a rascal? - No doubt of it, he was the first man that came up to you, and then you held up your stick in a menacing posture.
Q. Was he not approaching my box in a menacing posture? - No otherwise than shewing indignation at your behaviour.
Q. You did not hear me call the King a german hog butcher? - Perhaps that question may as well not be asked me. Certainly I did hear you call the King a german hog butcher, that he had sold his troops at thirty pounds a head; that is as near the words as I can recollect.
Court. What were the words? - That he had sold his subjects for thirty pounds a head.
Q. Did he say what subjects? - I was not close enough to hear, he said the prince of Hesse Cassel did the same.
Prisoner. Pray Mr. Leech, where these all the words I uttered? - I cannot answer that question; I wonder you should put it.
Q. You have seemed to select them very nicely however. Was it not in consequence of some paragraphs in the news papers that I made these observations? - That I cannot say; it did not appear to me that these were observations that could be made from any thing in a paper.
Q. The jury want to hear nothing of you but evidence. Did I not read the news-paper aloud, and were there not paragraphs tending to that effect which induced me to make use of some of these expressions? - When you read the newspaper so very loud I was not in the room; you had read your paper aloud, and had two glasses of punch before I came into the room, and I begged to keep out till I was forced in.
Q. And you came in very apropro when I was uttering these words. Did you hear the whole of that conversation concerning the King? - I did.
Q. At what period did you come in? - I had been out of the room half an hour.
Q. There is nothing else you can swear to, only what you have mentioned? - No.
Q. At what period do you think, that I drank, The overthrow to the present systems of Government throughout Europe? - Towards the latter end, at the last glass of punch.
Q. And are you sure these are the very words I uttered? - Yes.
I live in Newgate-street, with my father. I was in the London coffee-house on the 30th of September, I went in there between eight and nine; the prisoner at the bar, and another gentleman were sitting in a box, opposite to where I sat down.
Q. How many do you think there were in the coffee-room, at that time? - I should suppose a dozen, not more; they were talking very loud, but I did not hear any of their conversation, till they gave, The French Republic, as a toast aloud; I mean, the prisoner gave it to the person that was with him; it was as loud as I speak now; I heard it distinctly, and I believe, every gentleman in the coffee-room did; I got up, and went to Mr. Leech, the master of the coffee-house, who was at the upper end of the room; I asked him, if he suffered that toast, The French Republic, to be drank in his coffee-room? I don't know, whether Hudson heard me, or no. Mr. Leech said, it was, too had; I called for a glass of punch, and drank his Majesty's health, and the Royal Family, which was repeated, I believe, by every gentleman in the room, and immediately, the King! the King! the King! resounded from all parts of the room, except from the prisoner. Then a dispute arose between the prisoner and myself; he gave it repeatedly again, The French Republic; he was sitting, when I went to him; I said, he had no right to drink that toast in the public coffee-room; he called me a rascal and scoundrel several times, and held his stick in my face, and I held mind, but we neither of us struck one another. When I said he had no right to drink that toast in a public coffee-room, he drank that toast again, and said, that I was a rascal and scoundrel, and had no business with; he made use of very ill-language to me, to with me to strike him, but I said my stick on the opposite box, and told him I was determined not to strike; there was a great dispute in the coffee-room; he said, I was a rascal, he had Lavater, he could read it in my face; and an officer was sent for, and he was taken into custody.
Prisoner. You say, you came into the coffee-room between eight and nine o'clock. Can you recollect what period between eight and nine? - I suppose, it was near the half hour as could be.
Q. Did I address myself to you, when you came into the room? - You did not.
Q. Did I appear to be addressing myself to the company? - You drank that toast aloud.
Q. Did I desire the company to join with me? - You did not.
Q. Did not you come up to me, and call me a rascal? - Not before I went to Mr. Leech.
Q. You did not call me a rascal before I spoke to you? - By no means in the world.
Q. I think you put your fist in my face? - I did not.
Q. What induced you to come to my box at all? - Why, your giving the French Republic.
Q. You had no other provocation from
Q. Then it must be past nine o'clock? - I think, it was.
Q. Did you hear me give any other toasts, than those you mentioned? - I did not, I heard riotous behaviour.
Q. I think, when you was before the magistrate, you said, you heard me call his Majesty, a German Hog-butcher? - No, I did not; I came in afterwards.
Q. What did you conceive, that I was taken out of the coffee-room for? - For breeding of a riot.
Q. Did I strike any body? - I did not see you.
Q. Did not I desire the constable to take a gentleman into custody, whom I swore positively had struck me? - You did.
Q. Was he taken into custody? - He was not.
Q. You are sure, that I did not connect any other words with the toast that you have sworn to? - I did not hear any other.
I live in Bristol, I am a merchant there. I was at the coffee-house this evening.
Q. Will you be so good as to tell us, whether you heard any toast given by the prisoner, and what it was? - I heard many toasts given, and drank, I heard two particularly given by the prisoner at the bar, Equality! The Republic of France, may it triumph over Europe! there were many toasts, and some repeatedly given; but these two, I have a perfect recollection, came from the prisoner, or words to a similar import.
Q. Do you recollect any expressions relative to the King? - Yes.
Q. Were any such expressions as these used by the prisoner at the bar, that the King was a German hog-butcher, that he sold his subjects of Hanover to the government of this country, to be butchered at thirty pounds a-head, and that the Prince of Hesse Cassel did the same by his subjects; and that he had no doubt, but the King of England was in partnership with him, and received fifteen pounds a head back again of it, from the Prince of Hesse Cassel? - He said these words.
Prisoner. What hour might it be, when I came into the coffee-room? - A little after seven.
Q. How long do you think I remained there? - For more than till half after eight.
Q. Do you think I remained there till three quarters past eight? - I don't think you was taken away till nine.
Q. Was I taken away before nine? - I don't know.
Q. In what part of the coffee-room was it you sat in? - In the next box to you, with my back against your's.
Q. Was Mr. Newman sitting with me? - No.
Q. Was Mr. Buchanan? - He was sitting at the end of that box.
Q. Then perhaps, Mr. Buchanan sat nearer to me then you did? - No, I don't think he did, because my back was close to you.
Q. At what time did I drink the French Republic? - You drank several toasts of that nature.
Q. How long do you think I had been there, before I drank the toast you charge me with? - Perhaps, an hour.
Q. Do you recollect, how many glasses of punch I drank, while I was there? - You drank three.
Q. How many glasses of punch do you think I had drank, before I had made use of these expressions? - You was drinking the second.
Q. You are sure of that? - I have said it.
Q. And now cannot you fix on any period at all, that I did drink it in? - Not within five minutes.
Q. You recollect how many glasses of punch I drank, or how many had I drank before I used these words? - I can charge you with drinking a great many toasts, some of them in the first glass, and some in the second.
Q. Answer that question, at what glass of punch was it, I drank the toast in question? - At the last glass.
Q. Did you see any body attempt to interrupt me, in the course of my being in that coffee-room? - Not till you had drank the French Republic, in opposition to the toast given, and generally received, the King.
Q. Did you see any body interrupt me then? - Yes, Mr. Newman.
Q. Did I address myself in any period of this discourse to you? - No, not at all.
Q. Did you see me address myself to any body else? - Yes, to Mr. Newman, and to several persons in the room, after the toast was given.
Q. Did I give the toast to Mr. Newman? - You gave it generally; you gave it very loud in opposition to the toast of, The King, which was the sentiments of the company.
Q. Did you see Mr. Newman put his fist in my face, or attempt to do it? - I did not, I see him hold up his stick to you, and I came to him, and desired him to put down his stick.
Q. Was that Mr. Newman holding his stick up to me previous, or after my addressing him? - After.
Q. Did you hear Mr. Newman call me a rascal? - I did not, I heard you call him one.
Q. But before I addressed myself to him, did not you hear him call me a rascal? - I did not.
Q. And if he had done, you must have heard him? - Probably I should.
Q. Did you, in the conversation you have stated, hear me make use of any other words than these you have mentioned? Were these expressions not mixed with other words? - Yes, there were several general expressions afterwards; as that, none but a German Hog-butcher could be guilty of such practices.
Q. I wish to ask you a serious question, whether I did not apply the words, none but a German Hog-butcher could be guilty of such practices, instead of the King being a German Hog-butcher? - Both I believe; I charge with the first positively, and I believe, you spoke the last.
Q. I suppose it is not possible, you could be mistaken in these words? - I am pretty confident.
Q. You receive no kind of emolument for appearing against me this day? - I expect to be paid my expences.
Q. You have not applied for any part of the Credit Loan? - I have not.
Q. I believe your circumstances are not in the best situation? - They are not.
Q. I believe you are either in a bankrupt state, or making up your affairs? - No, I am not; I have no other end, then a man of honour, and the common rights of mankind.
Q. Are you positive, that I drank an overthrow to the present systems of government throughout Europe? - I am positive you did, and you proposed it.
Q. Did not you in a former examination, say, that I spoke in a language, that you did not understand? - It was so in the beginning of your conversation; I much wondered that two men sitting so close together, should talk so extraordinary loud, so I looked round to see what sort of people they were, in consequence of which, Mr. Pigot noticed me looking at you; then a sort of conversation in
Q. Did not the conversation at first, originate from a paragraph that I was reading in the newspaper? - I believe you was reading that the King had been a fox-hunting, and Mr. Pigot expressed great surprize, that the King should take diversions of that kind, while his subjects were engaged in a war; then you began exclaiming, that The King was a German Hog-butcher.
Q. You said, that I said, none but a German Hog-butcher could be guilty of such practices? - That was by way of explanation, you generally summoned up pretty fully. I believe you meant all that the words could convey, that I have given before.
Q. What did you hear me say about the Prince of Hesse Cassel? - That you had no doubt, but he was in partnership with the King of England, and that he received fifteen pounds a-head, as half the consideration.
Q. Will you swear that I used these words, in partnership with the King of England? - It was, or words to that full meaning.
Q. Did you hear me make use of the term, King of England? - You said the King, meaning the King of England.
Q. That is your meaning, I suppose? - You had expressed the King of England before.
The prisoner replied for near two hours to the charge, and founded his defence, first, on the illegality of his first caption in the house of Mr. Leech, there being no law allowing Mr. Leech to order him into custody for mere words.
Secondly, That when he drank the French Republic, and an overthrow to all the present governments in Europe; by the French Republic, might be understood, the good of the French people; and that as an Englishman, when he drank the overthrow of all the present systems of government throughout Europe, it might be naturally supposed, he excepted his own country.
And thirdly, With regard to his saying, the King was a German Hogbutcher, it was a comparison he used, in which, he saw no great harm; and with regard to the King's selling his Hanoverian subjects to the British government, and what he said about the Prince of Hesse Cassel, he was warranted, if he did say it, from existing treaties sanctioned by parliament.
To be imprisoned two years in Newgate , fined 200l. find security for two, yourself in 200l. and two sureties in 100l. each , and to be imprisoned till the fine is paid .
Tried by the London Jury before Mr. RECORDER.
Prisoner. Mr. Croft, I wish to ask you whether it is your own act and deed this prosecution, or is it by the advice of others?
Court. That is not material, who advised; how came you to steal this handkerchief?
Prisoner to witness. On Saturday the 23d of November, you remember, you mentioned to me, that you wanted a Sunday's dinner, and I gave you one of my shirts to pawn, to buy a Sunday's dinner for me and you? - I never pawned a shirt of your's in my life.
Prisoner. He has the duplicate now. Have you not in your possession of mine, two pair of stockings, a cup, a check shirt, and a tobacco box? - The constable has the things that he mentions, they were left in my house.
Q. The man has false sworn himself about that Sunday's dinner. Had not you a rabbit for dinner on Sunday the 24th out of the money? - I had not.
Prisoner. My lord, he had it out of the five shillings that the shirt was pawned for; here is a cravat, which I have about my neck, which he wanted to pawn as well as the shirt.
I am the daughter of the last witness. I was at No. 5, Shastsbury-place, the prisoner was brought into custody there; Mr. Croft brought him in himself, and he had the handkerchief about his neck; tied about his neck in a loose knot, and I saw him drop it, I said it was my father's handkerchief.
Q. Did he drop it before you said that, or after? - After I said that.
I took this man up on the 26th of November, (Tuesday) I took him in Shaftsbury-place. I was sent for to take charge of him, and proceeding to search him, I observed something stick out very much in his mouth, I searched and found three guineas. Another constable had the custody of him before I came; after I searched him, I told him, to dress himself; he was going to put this handkerchief about his neck, I did not see him take it off; it laid on his coat and waistcoat; the young girl here, she claimed it as her father's handkerchief, the prisoner said, that her father had lent it him. This is the handkerchief.
Prosecutor. A little of the hem is wore off from it, and I cut myself a little of the jaggs off. I am sure, this is my property, I bought it, paid for it, and wore it, and there is a small hole in it.
Q. Did you lend that handkerchief to that man? - I never lent him an handkerchief in my life.
Joslin. I have had it ever since.
Prisoner to Prosecutor. Mr. Croft, when you returned from pawning the shirt you brought a bad shilling, and tendered that bad shilling to me for to look at it; I told you I was no judge, particularly by candlelight. Look at me well in
Prisoner. I hardly know what to say. he cuts me out of every thing in the world; I could not imagine he could have stood before this court and said what he has said.
Prisoner. You remember the 24th of November you and I went and supped at your cousins in Aldersgate street; after supper we had a pot of porter, after that we had a pipe of tobacco; instead of putting the top of the pipe to be light you put the bottom; I said to you, let me light the pipe, which I did; on which, my lord, it grew late while we were there, and I begged of him to go home, about the hour of eleven, or nearly that time, we set off from Shaftsbury-place to go down to Exeter-street, in the Strand; I did all in my power to take care of him, every person that he came by could not pass without his giving them an insult; however, with my care, we got as far as Clare-market, there happened to be a liquor shop open there, and he insisted on having something to drink, he and I had a glass of peppermint; when I got him home and up stairs in his own room, which is a garret, no otherwise, he said, I will not go to bed except you fetch me a pint of porter; Mr. Croft, says I, you have had sufficient, I think you had better have no more; however a pint of porter he would have; says he, Bob, the bed is not made, will you make it? I made the bed and sat down by him some considerable time; I says to him during that time, Mr. Croft, I am going out very early in the morning, about six, I shall be much obliged to you if you will lend me your handkerchief, because my cravat is very thin; says he, take it, and don't ask any questions, and said, when will you return it; I said, to-morrow or next day.
Prosecutor. I never lent it him in my life.
Prisoner. The things I left in his possession was double the value of this handkerchief; Mr. Croft owned himself before the Alderman, says he, I will not say that I had not had a glass too much.
Jury to Prosecutor. Do you remember yourself being drunk the Sunday night? - Perhaps I might; I was not so drunk but what I knew what I was about; on Monday morning I was sober enough.
Not GUILTY .
Tried by the London Jury before
Mr. COMMON SERJEANT.
57. ROBERT otherwise JOHN ECCHELLS was again indicted for feloniously stealing, on the 25th of November , a silver watch, value 1l. 10s. a steel watch chain, value 6d. a steel seal, value 6d. and a base metal watch key, value 1d. the goods of John Croft .
I am the wife of John Croft . My husband lives in No. 5, Shaftsbury-place ; he is in the watch line. On the 15th of November, the prisoner came to our house, the first time; he came about eight o'clock, or a little afterwards; he said, my relation, Henry Croft , had sent him to know what time my husband would be up there, to fetch the things from the lawyer's, some wearing apparel that was left us by a person, that died in the country; and he had also left us some plate; the plate came down to our house on Sunday, part of the legacy, and the remainder of the things were to be delivered on Monday morning. I told him to walk in, I had seen him the Sunday before; he walked in, and sat
Q. Was any thing else taken? - He read the inventory over, and he said, there was a watch short, I told him, the watch hung upon the nail; after he had put all the other things into his bag, he went and took the watch down himself, and put it into his pocket, and says, I will be glad, if you will give me a drop of water; I will take a coach, and make as much haste as ever I can after your husband. I did not suspect, but what he came from my husband.
Q. Did you ever find any of your things afterwards, or your watch? - No, never. I am very sure, he is the man.
Prisoner. You have mentioned of me having a pint of porter at my breakfast, did you drink any gin on Monday morning? - Yes, you had gin, but I did not touch the gin.
Q. Be so good as to inform the court, whether or no you had not a child before you was married.
Court. That is a very improper question.
Prisoner. You remember, on Sunday the 24th of November, your coming to drink tea at Mr. Croft's in Exeter-street. You remember going out, and getting change for a guinea, and coming back very much intoxicated? - I had no guinea.
Q. After you returned home, the tea was made; do you remember the circumstance of your husband attempting to strike you across the table, and knocking down all the cups and saucers, and throwing a dish or two of tea over me. My Lord, the husband of this woman charged her with embezzling property to her own relations, before this time; some of the words he made use of were, you drunken whore keep from your thieving, swindling relations. You have taken a deal of property from me for them, and you also had a bastard before I married you.
I am a porter's wife; I was at John Croft 's house when the prisoner came in the 25th of November, between ten and eleven; he said that he came for the inventory that Mrs. Croft had in her pocket, and the things to go back again, for there was a dispute about a medal that was worth thirty guineas, and the things were to be looked over again, in looking over the inventory he said there are two watches, yes, says Mrs. Croft, there is one, and one hangs on the nail, and she reached him the things out of the closet, and put them on the table, and he went and took down the watch, I saw him, and he put one in his pocket, and pushed the chain and all in, and the other he put in the bag; he poured out the other articles out of the bag and examined them, and put them in again, and the watch with them, and he put a spoon in his pocket; he took all the things with him.
Prisoner. I never saw that witness in my life.
I am a watch maker, No. 5, Shaftsbury-place; I know the prisoner, I have seen him several times at Exeter-street, for the space of a month or six weeks.
Q. Did you send him at any time for any plate? - No, I did not, I am sure I did not.
Q. Was there any dispute about a medal? - There was no dispute about it; I ought to have received a medal at the time I received the plate, but there was no dispute about it, I received it the second day when I asked for it; I had had some conversation about this plate with a relation of mine, Henry Croft , before him, so he knew I had it.
Q. Had you any quarrel with your wife on Sunday night? - There were a few words between me and my wife.
Prisoner. I wish to ask whether your wife has ever made away with any of your property to her relations? - Not that I know of.
Prisoner. You charged her with it, and Mr. Henry Croft told you that you had not property to lose as he had? - I did not charge her with purloining my property.
Prisoner. My lord and gentlemen of the jury, before you give a decisive opinion upon this matter, I most humbly beg to place a few circumstances before you, relative to the evidence given by these two treacherous women, particularly Mrs. Croft, who has declared that she brought forth and delivered the property to me; is it consistent with reason that a woman would deliver such a property into the hands of a mere stranger, unless she was mad or drunk? if you consider her mad I trust her evidence will be of no avail; if drunk, I doubt not but you will be of the same opinion; with respect to the other evidence, no doubt but Mrs. Croft and she had revelled with the chearful glass together, that destrustion of mankind, and as connected with Mrs. Croft, it is not to be persumed but she will do any thing to reinstate Mrs. Croft into unity with her husband, which by her own imprudence, she has lost. I trust also that if you think her guilty of committing of one embezzlement, though her husband will not allow it now, I hope you will also think her guilty of another Unhappy for me I am pointed out to be the object of her treachery; there have been instances of women when they have come
GUILTY (Aged 35.)
Transported for seven years .
Tried by the second London Jury, before
Mr. COMMON SERJEANT.
I am a chamberlain to the Ram inn, where the hat was taken from; this hat was on a nail by the tap-room, on a partition, the outside of the tap-room in the passage; I saw him take it off the nail, I immediately went after him, and took hold of him, after he had gone out and got a little from the door I saw the hat under his coat, he had one hat on his head.
Prisoner. If I was the man that took the hat what is the reason he did not detain me when I had the hat? - I could not detain him, he got away that night, but I am sure he is the man, he was in our house about half an hour, it was about six o'clock when he came in, on the 29th of November.
Q. What time was it when he went away - About half past six.
Prisoner. Nobody else see me take it besides you? - No, there was nobody present.
Prisoner. I came up the next morning and had a pint of beer at the next house; he knows I am an innocent man as well as he is himself.
I am a servant at the Ram inn, there is my name in it, I used to hang it upon a nail in the tap-room.
I went and apprehended him the next morning, upon an information given from the Ram inn.
Prisoner. I am as innocent of it as a child unborn, and that the man knows himself. If I had been guilty I would not have gone to the next house but one.
Conway. I took him at the Buli's Head in Smithfield, four or five doors off.
They sent up to the watch-house and there were five of us went in pursuit after him and others, we knew nothing of this hat, no further then when we took him he had the hat, he said that he took the hat, and was in liquor and knew not what he did.
Court to Cleseby. Was the man in liquor? - No, he had only six-penny-worth of rum and water in our house.
Jury. Had you seen the man before? - No, I am sure that is the man.
Jury. He seems to have an honest face.
The prisoner called three witnesses who gave him a good a character.
Transported for seven years .
Tried by the second London Jury before Mr. COMMON SERJEANT.
WILLIAM RUDD was indicted for stealing, fifteen pounds weight of raw sugar, value 7s. the goods of Thomas Bolt .
I am a watchman to Smart's and Dice key. On Friday the 8th of November I was looking about me, a little before seven at night, under the piazza at Dice-key , I saw the prisoner at the bar at the back part, with a quantity of sugar about him, I stopped him with the sugar, some in three of his pockets, some in his hat, and some inside of his bosom in an handkerchief; I did not search him myself, but Mr. Hunter did, the West India merchants constable, he happened to be on the other side of the way, he came in and found it. Mr. Bolt the wharfinger is answerable, the wharf belongs to him.
Prisoner. I was laid down on the key, by the side of this hogshead, and you found me laying down.
I am a constable to the West India merchants; Wood called out, and I went to him, and found this sugar on the prisoner, there is fifteen pounds of it in all, it is raw sugar, I went to an hogshead and found the head part of it taken out, and I found a great deficiency in the hogshead, there was a great deal laid along side of the hogshead and scattered about.
Q. It must be recently taken? - Certainly.
Wood. When I went to him he slipped down behind the hogshead that was broke open.
Prisoner. I had been at work on the keys about four hours for one man, and I was rolling the hogsheads along, and I picked these bits of sugar up, and then I went to work two hours more for another master, and when I had done I laid down by the side of the hogshead, and this same man came and took me.
Transported for seven years .
Tried by the second London jury before.
Mr. COMMON SERJEANT.
I was at work at Mr. William Godfrey Brown 's, in Golden-lane , the 19th of November about eleven o'clock, this man was bringing out a piece of oak, out of Mr. Brown's yard, he was employed there, he was a carpenter , and he had an inch and quarter deal also, and he said to me, sawyer, be so good as to put this on my shoulder, and I did, it was Mr. Brown's oak, I saw him bring it out of the yard.
Q. Was all the wood that was there Mr. Brown's? - Yes, it is Mr. Brown's property.
Q. Do you know what he did with it? - No, I don't know what he did with it then.
Prisoner. When I was coming out of the yard I was carrying this deal to a job, and I had this piece of oak, and thought it was an old piece of oak, good for nothing.
I am an officer, No. 36, Barbican. On Tuesday the 19th, about a quarter after eleven, the prisoner came to my shop with a piece of oak on his shoulder, he pitches it off his shoulder into my shop, and he says, here master, here is a piece of wood for a pot of beer; I had a customer in the shop that I was serving, as
Q. Had you made him any promise before? - None at all, I am sure of that.
Q. Was it a new piece? - I believe it is.
Court to Webb. What is it worth? - Two shillings and six-pence.
Prisoner. It is customary amongst us carpenters to take chips, and fire wood to burn, or make the price of a pint; this piece I took out of the yard, it being a black piece I did not know but it was an old piece, so I said to the sawyer as I was coming out, I will make a pot of beer of this, says he I will have half of it; so I went to the gentleman's house and asked no more than a pot of beer; so I hope you will take it into consideration, I beg for your mercy, so I leave it to your lordship and the mercy of the court.
The prisoner called two witnesses who gave him a good character.
Court to Webster. Did you say you would have the beer with him? - I did not.
GUILTY . (Aged 32.)
Imprisoned one month in Newgate and fined 1s..
Tried by the second London Jury before
Mr. COMMON SERJEANT.
61. MARY YARROW was Indicted for burglariously breaking and entering the dwelling house of Sophia Linney , about the hour of five in the night, of the 5th of December , and burglariously stealing therein a linen shift, value 2s. 6d. a callico wrapper, value 2s. 6d. three cotton check aprons, value 5s. three pair of cotton stockings, value 2s. a muslin apron, value 6d. a linen towel, value 2d. two diaper table cloths, value 4d. a cotton window curtain, value 1s. and a linen pillow case, value 1s. the goods of the said Sophia Linney .
I live in White's alley, Coleman-street ; I take in washing, I am a widow woman, I have one child. I am a housekeeper, I carry on the business of a washerwoman , and let out lodgings; last Thursday evening the 5th of December, about four o'clock, I went up two pair of stairs to take down some clothes, the room was then empty, the lodgers had been out of it about three weeks; I took down what was then dry, and put up others wet, and came down into the kitchen, the door was on the latch, I had no lodgers at home at that time, I came down with these things at four o'clock; about five o'clock a young woman that was with me, Mary Standing went out of doors to the passage, to rub the flat iron on a mat, and seeing a woman come down stairs alarmed her, not knowing such a person, she said good God, what are you doing here, what do you want, the street door was then on the latch shut, she ran into me to the kitchen, I snatched a candle off from the kitchen table, and ran into the passage as quick as I could, she did not make any kind of answer, she then was on the second step of the stairs coming down, trying to conceal herself in the corner of the stairs, I catched hold of her on the stairs, and she opened her cloak, and said I have got nothing; she did not seem
Q. Can you tell what time of the night it was? - It was about five minutes after five.
Q. Do you think the clock had struck five? - Yes, quite five.
Q. Was it so dark you could not see any body in the street? - If she had got out of door I should not have known her.
Q. How many lodgers have you in the house? - Two at present, but none of them were at home. I never heard the street door latch open, nor any person go up stairs; I had no idea of it.
Q. It might be open and you not know it? - Yes, she must open it, and shut it likewise; there were two lodgers, the one on the first floor, and the other on the three pair of stairs.
Q. Who has the parlour? - There is no parlour. I have the ground floor, and the two pair of stairs was empty, the one pair of stairs to one lodger, and the three pair of stairs to another.
Q. What things were taken out of the room? - One shift, one bed gown, three coloured aprons, three pair of cotton stockings, one window curtain, one white apron, three towels and a pillow case. They were all hanging up in the two pair of stairs room.
Q. Which way do you suppose the person got into your house? - There is no other way but at the door.
Q. Where were the things found? - I saw her drop them on the stairs, she had them behind her, she had them not in her hands, as I took her down she dropped all the things on the stairs.
Q. How long was it before the constable came? - About five minutes. I took her down into the kitchen, and the things dropped from her on the stairs, and I let the things be on the stairs till the constable came; I pulled her into the kitchen, because the street door will not open while any one is on the stairs.
Q. Did you know any thing of this woman? - No.
Prisoner. I had nothing about me at all.
I was at Mr. Linney's at work there, I was ironing, and I went out to rub an iron in the entry, and I saw her coming down the stairs, on the last stairs, and I directly called out, and the street door was shut, I did not see her with the things nor see the things fall.
I am the patrole of Coleman street, Mrs. Linney sent a boy down Coleman-street, and he met me, and I went to the house, and when I came she was in the hands of the officer, Mr. Wickham.
- WICKHAM sworn.
I am an officer of Coleman-street; I was sent for by a young boy that came after me, that said Mrs. Linney was robbed, and I was wanted to come and take care of the thief. I went and I saw the prisoner, and the things on the stairs higley pigley; I did not know the prisoner, only they say in our neighbourhood that she had lived there two or three years before; these are the things, they have been in my custody ever since.
Mrs. Linney. They are my things.
GUILTY, Of the Larceny only . (Aged 46.)
Transported for seven years ,
Tried by the second London Jury before COMMON SERJEANT.
I am a paviour ; I live in St. Saviour's Church-yard, Southwark. On the 25th of November, about half past eight in the evening, I was going up Shoe-lane , in the company of a lady, a few yards from Fleet-street, the prisoner at the bar picked my pocket of my handkerchief; being informed of it by the lady that was with me, I turned about and I saw him drop the handkerchief, I then attemped to seize the prisoner, on my attempting to seize him, he presented a knife to me, and another man struck a stick violently against a shutter, I ran across the street, and I hallooed out stop thief! he ran off, and was taken immediately; there were so many people that it was impossible that he could make his escape.
Q. What did he say when he drew his knife? - He did not speak at all; I went to take hold of him, and he held his knife at me to deter me from taking hold of him.
Q. Did you lose sight of him before he was taken? - I believe I might for a moment, but it was so instantaneously that I am sure of the man; he only ran across the road, but it does not take two steps to cross; a gentleman came from the Globe Tavern, and stopped him; the knife was taken from him by some one, not by me.
Prisoner. I was just come out of a cook's shop, and was crossing over the way.
I was along with Mr. Wells, going up Shoe-lane, along with Mr. Wells I turned round, and I saw the prisoner take the handkerchief out of Mr. Well's pocket.
Q. Did you lose any thing yourself? Nothing. I am very certain that is the man, I never lost sight of him till he was taken and conveyed to the watch-house.
Q. Did you see the handkerchief drop? - I see it fall from his hand, but whether it went to the ground or no I don't know, I like wife see his accomplice, a man dressed in a sailor's jacket, he put his stick against the wall and surrounded us, one on one side and the other on the other.
Q. Did you see any knife? - I saw something in each hand but I did not know what it was, afterwards I was informed it was a knife and fork. I am very sure that is the man.
Q. How long had you observed him behind? - About half a minute; it was not above three doors from Fleet-street.
I am a constable. Mr. Hill, the master of our workhouse, was the man that stop
Wells. I saw the knife in one hand, and the fork in the other, on enquiry I found that he had stolen this knife and fork.
Green. I have the handkerchief, it was given me by Mr. Hill, the master of our workhouse, he is not here.
Wells. This is the handkerchief that was taken from my pocket, I took it off the ground myself, I delivered it at the watch-house to the constable that was there, there is the letter L marked on it.
Lawrence. I am very sure it is the handkerchief, I put the letter L on it myself.
Prisoner. Coming up Shoe-lane, I bought a piece of meat at Mr. Smith's, and had it in my hand, and came out and was in my way going up to Holborn and I was knocked down, and there was four or five more, and when I got up again, some gentleman had hold of me, I never saw the handkerchief at all.
Court to Wells. How far is Smith's where he had been to this place? - The other side opposite. He said at that time that he had been in company with some more, eating roasted potatoes.
GUILTY . (Aged 32.)
Transported for seven years .
Tried by the second London Jury before
Mr. COMMON SERJEANT
63. JOHN BOXALL was indicted for stealing, on the third of December , a deal box, value 3s. a cloth coat, value 2s. a linen waistcoat, value 2s. and a pair of sattin breeches, value 2s. the goods of John Watts .
I am a turner , I hired the prisoner at the bar to remove some of my tools and goods, and I delivered him a box with my clothes and other things last Tuesday, he was to carry it to Harrow-alley, Greenwood-court, Petticoat-lane; I was in South-street, Bishopsgate-street , when he took the box from me, he told me that he would carry it very safe, I told him that there were things in it for to carry it safe; when he came back I asked him if he had carried it safe? He said he had, and he carried some more things afterwards; on Wednesday morning I asked him where the box was, he said he knew nothing of it and began to curse me and abuse me very much, I told him I would charge the constable with him, he said I might if I would; I have never seen it since.
Q. What did the box contain? - Wearing apparel, a close cloth coat, a pair of black sattin breeches, a linen waistcoat, &c.
Q. What was you to give him for carrying these things? - I was to give him three shillings; I never saw him but once before, an acquaintance told me he was an honest man, and I employed him through that person's account, he is a shoemaker , he cobbles up shoes. He was to take it from Sun-street, to Greenwood's court.
Q. Had you ever employed him before? - Never.
Prisoner. This here gentleman he put a box on my head, he asked me to move the things, the woman that he is with, did, whilst I was at work at my business, and I said yes.
I go out a charing and cleaning, I helped the prisoner with the box on his shoulder and gave him a strict charge of it, it was on Tuesday last, there was a black coat in the box, a pair of sattin breeches, a linen waistcoat, I helped to pack the box up, Mr. Watts heard me tell him
Q. Has it ever been found since? - No, never has been seen since.
When he got this box on his shoulder he past me, and after he had been gone some considerable time, I see him again and then he told me; says he I have carried it up into my own room for safety, for if your girl had run out and left the house, somebody might have come in and stole it; no, says I, there is no danger for my door has a strong lock to it.
Q. Where is his own room? - It is over my head in Harrow-alley, he moved it out of Sun-street.
Q. Where was he to have taken it to? - On the ground floor in the same house.
Q. Was his apartment searched? - It was not. In the night my child, says, Mammy, have you seen Mr. Watts's box? says I, it is up in John Boxall 's room; No, says he I have not seen it; and I sent the child up in the morning to ask him for the box and he gave him a deal of abuse, and while Mr. Watts was gone for an officer he came down and abused me very much, and said he would be paid for his time.
I was applied to, as an officer, by John Watts , to go and search the prisoner, which he told me had robbed him of a box and wearing apparel and other things. I went with him to an apartment in Harrow-alley, where he shewed me the prisoner, I looked about the room and could not see any thing concerning a box there; and I took the prisoner into custody.
The prosecutor came to me and told me that he had employed a man to carry a box and he had ran off with it, he asked me what he was to do in it? I asked him did he know where the man was? he said yes, if we went directly we might take him, so we went and took him and searched the room but found no box; he made no resistance, he said he would go very quietly and he did.
Prisoner. This woman gave me a shilling to carry the things and the man was there, and he said to me he would be glad if I would move his things under the arch way as they must both move together, after we had done moving the girl's things from the archway, then he came back and gave me a box, which is in his own place now, that is all that I had moved of his, I told him; then he told me that he would fetch an officer, I said fetch an officer, for I will not run away, take me up directly I will not quit the room, I know myself clear; nor I would not stir a peg from the room. He put his things under the arch way for fear of being seized for the rent.
Jury to Prosecutor. Had you two boxes before you sent one away? - I had four, I have three at home now.
Q. You found some boxes in your lodgings in Harrow-alley? - I did, but I never found that since.
Not GUILTY .
Tried by the London Jury before
Mr. COMMON SERJEANT.
Indicted in a second COUNT for having on the 14th of November uttered
I am a shopman to Mr. Joseph King, a linen draper in Beech-street , the woman Harley on the 13th of November last came alone into the shop, she had two and nine-pence to pay for a shawl, she had paid a shilling the day before as earnest, and on the 13th she came, in order to pay the remainder, two and nine-pence; in payment of which she gave me two counfeit shillings, a six-pence and three-pence in half pence.
Q. You are clear the other prisoner was not with her at that time? - I am.
Q. When you had the two shillings did you object to them? - I did not, but I see the shillings were bad when I took them; I put them into the till amongst others because I had not time to detect the defendants at that time, there were no danger of passing them shillings they were so very bad, I could swear to the silver at night when it was taken out of the till. The prisoner Harley went away, and in about a quarter of an hour after the two prisoners came together, and Donahough wished to have a shawl of the pattern that Harley had taken away that day; I shewed the shawls and cut one off, the price was three shillings and nine-pence, Donahough gave me a shilling earnest and told me she would come on Saturday for it, but she came in the course of a quarter of an hour; she had then to pay two shillings and nine-pence, she gave me two counterfeit shillings, one good six-pence, and three pennyworth of halfpence, the same as the other woman had done, I put them into the till among the others, they were all alike, all bad; there were then five shillings bad in the till, two passed that day by Harley and three by Donahough.
Q. Did you observe them so as you could swear to them again? - I did, they went out after that, I would have taken them up then but I suppose there were ten or a dozen customers in the shop; but I was determined to take them up the next time.
Q. What was done with that money? - At night when Mr. Herd came to take the amount of the till, he had taken out about five or six shillings out of the till, he said, here is a bad shilling, I said if you look further you will find four more, for I put in five to my certain knowledge; he looked and could find but three more, one I concluded had been passed in the afternoon.
Court. Then there is an end to the first count of the indictment.
Eliott. They came together the next day to the shop about a quarter before two o'clock as near as I can recollect, they both seemed in haste to be served, Donahough asked for some cloth which Mr. Herd shewed to her; and at the same time Harley asked for some stockings, which I shewed to her; after finding a pair of stockings, she gave me a shilling and was to call for them on Saturday, this one shilling was a counterfeit. Donahough after she had looked at the cloth had two yards and a quarter at fourteen-pence a yard, which came to two shillings and seven-pence halfpenny; when she tendered him three had shillings; I was standing as near to her as Mr. Herd, he objected to them, she took these bad shillings out of her breast not out of her pocket, after we had objected to this silver and told her they were had, she said, they were good; then after some time they both
Q. What became of the other four shillings which she gave this day? - When we threw them down on the counter, I put all the four shillings together, with the four shillings she gave me. There is one that I can positively distinguish; Mr. Herd then went between them and the door, and told them, that he neither liked them nor their shillings; then they pushed towards the door, and we stopped them; when we stopped them, they had the shillings in their hand; the prisoner Donahough had them. Then I went round to the other side of the counter, and told them, they were the same I had taken of her the day before; Mr. Herd went between them and the door, to stop them from going out; I then told Mr. Herd to go for a constable, then they both went down on their knees, and begged for God's sake to let them go, and they would give us the half guinea, and all the silver they had got besides, for they should be ruined; I then seized Donahough, and seized five shillings out of her hand; she had then got eight.
Q. In those four shillings taken that day, is there any one that you can swear to? - There is.
Court. It is of no import, if they are all bad? - One of them, that I took out of her hand, which were all bad, I can swear to, that day I took it of Donahough. When the constable came, he searched Donahough, and found the other three shillings, which I take my oath they had; I gave the money to the constable, he has it now.
Mr. Cullen. Who was it took up all the money? - Donahough, I see her take up the whole eight shillings from the counter. On searching her, the constable found no more bad; he found the half guinea, and three good shillings; Harley was searched likewise, and one shilling, and some bad halfpence were found on her.
Court. You say, you can speak to one shilling, which you received of Donahough that day, if I understand you right, you did not receive any thing of her that day? - Mr. Herd received it, but I was near to him, and saw the money as soon as he had received it, they were paid to Mr. Herd; I swear to one that Mr. Herd received.
Prisoner's counsel. Mr. Herd went up stairs, and brought down four bad shillings, which he had taken the day before out of the till? - He did.
Q. You put them into the till? - But I could swear to them.
Q. They were brought down the second day, and she expressed a surprize, that you should give her the four shillings? - She did not. She said, they were bad.
Q. She would not take them? - She did take them, and was going away, but we would not let her.
Q. The first day's money was put into the till with other money? - Yes.
Q. There were five shillings put into the till? - There were.
Q. And when you looked into the till there were only four.
- HERD sworn.
I manage the business for Mr. King. I was in the shop the second day, when the prisoners came in. I was standing in the middle of the shop door, they came in both, and accosted me, Master we come to see you every day now; she in the blue cloak, Harley, asked Mr.
Q. Who did Harley give that shilling to? - To Mr. Elliott, I took particular notice of this shilling. What Donahough gave me, were all three bad ones; and Mr. Elliott's was a bad one. I had them all four in my hand, and kept looking at them a considerable time; Mr. Elliott gave me the one shilling in my hand, after I had received the three from Donahough; and I went round the counter rather, and told her there were some of these shillings I did not like very well, she said, they are very good shillings upon my soul, they are good ones; I have got no other, I never took a bad shilling in my life.
Q. Who said that they had no other? - Both of them. Donahough said, she had nothing more, except it was a half guinea, I told her then, I would thank her for that; I then went up stairs to bring down four shillings, which our people said, they took of them on Wednesday; I brought them down, and lard them down on the counter before them; Donahough looked at them, and said, Master, I think, I don't like these; I told her, I neither like them nor you, when I spoke these words, she ran to the door, and had got at the first step going down; I stepped after her, and catched her by the arms, and she cried out in great agitation, for God's sake let me alone, for I am ruined; and she would give me the half guinea, and all the silver that she had got; and kept continually crying that for the half hour that they were in our house; I told her, I could nor possibly think of it. Mr. Elliott immediately sent for a constable, he was some time before he came in again. When the constable came, I gave charge to him, and ordered these two women into a private room, to be searched; I was not present.
I am a constable. On the 14th of November, I was sent for to take charge of the prisoners; and I went to Mr. King's shop; the two prisoners were in the shop, Mr. Herd gave charge of them; they immediately went down on their knees, and begged of him to forgive them, for they were ruined; I took them down into the kitchen, and searched them as far as decency would permit; I searched Harley first, I found in her pocket, two shillings and six-pence in good silver, and some halfpence, and I found no counterfeit money at all; I searched Donahough, and in her pocket I found half a guinea, and three shillings in good silver, and some halfpence; they then went down on their knees again, and begged Mr. Herd would forgive them; Mr. Herd delivered five shillings into my hand, which has been in my care ever since.
Prisoner's Counsel. The prisoner Donahough did not make any sort of resistance to your searching her? - She made the most resistance, and the other made none at all.
Q. And when you had searched her, you found half a guinea in good money,
Mr. Cullen. Did you receive of Mr. Elliott, or of Mr. Herd, any shillings? - I think it was Mr. Herd, that gave me the five shillings counterfeit.
Mr. Cullen to Elliott. You said you could take on you to swear to one of the particular shillings taken of Donahough? - Yes, I can.
Court. How do you know one shilling? - There is a Grat on it, and the head is the wrong way.
Q. Are there any of the remaining four shillings, that you can swear to, as taken the second day? - No, there is not; this is the same shilling, I can take my oath, it was tendered by Donahough the second day.
This is a counterfeit shilling, the other four are counterfeits likewise, and all alike.
Prisoner Donahough. I am not guilty.
Prisoner Harley. I live in the country. The first day that I came to this shop, if he took notice that these shillings were not good, why did not he tell me to change them for him? where I live they take any kind of halfpence there; I know nothing about these being bad, than a child unborn. God forgive them for putting me to a punishment; they did it without any manner of reason.
Mr. - addressed the Jury in behalf of Donahough.
Both GUILTY of the second COUNT.
Imprisoned six months in Newgate , and to find security for twelve months .
Tried by the first London Jury before
(The case opened by Mr. Knapp.)
Q. Was you on the 18th of July, going home, or in your way home, going down Ludgate Hill? - I was; I think it was about ten minutes after ten in the evening, I overtook the prisoner just by the church on Ludgate Hill ; I heard him insulting, and calling another little man names, very abusive; I then interfered, and told the little person, that Davis was insulting, not to regard him; he was walking behind him, and calling him names; he then went on to the corner of the Old Bailey; I then took hold of this person, that he was insulting, by the arm, pulled him from him, and advised him to go on the other side of the way, and if Davis followed him, to charge the watch with him. I then went on towards the Bell Savage Inn, when the prisoner was exceedingly abusive to me for interfering. I told him, I thought, he was a cowardly fellow, for insulting a man of the size of the gentleman that I had desired to go away, and he put himself in the attitude of boxing; he put his hands up, I told him it should not provoke me to strike him; I told him, that I believed, in such cases, people generally come off second best, then a croud gathered around, and they called out, a fight! a ring! I endeavoured to go on, I was pushed forwards towards the prisoner, and finding they began to hustle me, I suspected I should be robbed; I then put my coat over my breeches pocket, and my watch, exactly in this position; as I stood in this position, he gave me a violent blow on the side of my nose, which laid it all open; I saw a watchman come up with a woman, who
Q. I ask you, whether you ever put yourself in a posture of defence, or in an attitude to strike? - I did not, I told him, I believe, that if I was with him in a room, I should not be afraid of him.
Q. How long did you feel an inconvenience from this blow? - I was obliged; to have a doctor, he attended me a fortnight; I was confined to my room, for two or three days; it cut through the bridge of my nose.
Jury. We can see the mark.
Prisoner. When I first met you, in what manner did I meet you? - Was not you quarrelling with another little man? Did not I say to him, don't quarrel with that man? and you said, d-n you, you rascal, what is it to you. I left you then.
Prisoner. And then you came to me, and said, if I would go with you to a coffee-house, and fight you, and beat you, you would give me a crown bowl of punch? - I did say so.
Prisoner. Did not I turn to you, and say, never mind, he is only a taylor.
Court. Do you know what the defendant is? - I understand, that he was a porter , and discharged.
I happened to be on Ludgate Hill, on the 18th of July. I saw Mr. Daws; I was returning from making a visit, and going home to St. George's Fields from the city, I saw that gentleman, and this man, and another man, a short little man; and I discovered a fray between this man and the little man; there seemed a sort of a stand and a halt between them. as if the little man was very much afraid of this man, and they were inclined to make a riot in the street, or to make a fight; the gentleman there, Mr. Daws, I did not know him then, he said to the little man, go on my good little fellow, and go about your business, for this man is too strong for you, he will lick you; he would kill you, if you was to fight with him; go along my good honest fellow, go home; and the little taylor, as I heard this man call him, went on; the gentleman said to this man, you should not use these expression; you should not call him, my little taylor, because it aggravates the man; let him go quietly home about his business; and the gentleman spoke in a most gentleman like manner; and this man, the prisoner, he rather halted, and sidled up to Mr. Daws, and he said, pray, sir, why do you interfere, what business is it of your's? Mr. Daws said, my dear fellow, it is nothing at all to me; but I don't like to see a fellow creature ill used, and you appear to me, to have quite set on that little fellow, that is gone away; then the young man talked to Mr. Daws, and behaved in a civil manner at first, and this man said, you had no business to trouble yourself with it; and I believe, he made rather up to him; Mr. Daws said, I would rather have this watchman for my second; Mr. Daws said, I would not attempt to fight you here, if you could lick me in a room, I would give you a crown bowl of punch, but I am not a fighting man. In the course of half a minute, the prisoner said, if you are a gentleman, you should not put on a poor man; and by this time, there was a mob, and I thought, perhaps, it would go very hard with the gentleman, on account of this man striking him a blow; he hit him a blow with his hand doubled, a very violent blow, indeed, on the face; I saw him hit him on the face.
Q. Did you see Mr. Daws put his hands up in a posture, as if he was going to fight? - I cannot say I did, upon
Q. Did you during the whole transaction ever see Mr. Daws strike him at all? - I did not. He charged the watch with him.
Q. How came you to see this transaction? - I was in my road home, and I had the curiosity to observe it.
Q. Prisoner. Did not you come to the watch-house that night, and speak very partial on my side that night? - I came to the watch-house.
Q. Did not Mr. Daws give you money at Guildhall the next day? - He gave me five shillings.
Q. How much has he given you since? - Nothing.
Q. What has he promised you since? - Nothing; he gave me the five shillings for my kindness in attending.
Q. Did not he give the watchman half a crown? - I cannot say, what he gave the watchman.
Court to Daws. How did you find this man? he has been out at bail.
Clerk of the Court. His bail brought him in the first day of last Sessions.
Mr. Knapp. There has been something said about the watchman being your second, did you mean to fight? - I did not; I said, he should be my second, and I would charge him with the watch.
Q. Do you know Mr. Daws? I do not.
Q. Should you know him by sight? - I know neither of them; except that night, I never saw neither of them before. I am a bookbinder. As I was coming home about ten o'clock, or about half past ten, I saw a mob in Ludgate-street; I was coming from the Strand; I live in Castle Baynard; I was in my way home, I saw a mob, and a watchman; and the watchman that took charge of the prisoner, and I, crossed the way together; I saw this Mr. Daws put his fist clinched up to the other, calling him a d-n'd rascal, a d-n'd scoundrel, and asked him, if he would fight; the watchman and I stood as spectators at the time; the prisoner Davis said, that he was a very poor man, and he appeared like a gentleman, he did not mean to affront him, if he did, he begged his pardon. Mr. Daws called him a number of ungentleman-like names; there was no blow at that time between either of them; he was as close as could be, for one man to put his fist against another; this man stood with his hands in his pockets all the time. This gentleman, Mr. Daws, told him, that he understood boxing, and if he would go with him to a tavern, he would fight him, and if he licked him, he would give him a crown's worth of punch for his trouble; the prisoner said, he would go with him any where to fight him; he was not afraid of him, or he would fight him there. Mr. Daws did not seem in a mind to fight him there, but he would, if he would go into a private house; it was in consequence of his being ill used, that made him strike Mr. Daws.
Q. Now at the time he struck Mr. Daws, was Mr. Daws's fist clinched before him? - Mr. Daws, I suppose, was going, he had just turned, and the mob said, that he was big enough to take his own part.
Q. On Mr. Daws's being turned, were the fist of Mr. Daws in a clinched position against the prisoner? - I cannot say, they were; then I went to the watch-house, where the watchmen themselves said, that they thought that Mr. Daws had justice done him; this was said to me only. I said, I would appear the next day to the Magistrate's at the Alderman's; when I appeared, I was too late, and the constable told me, that the gentleman had made a present to the woman of five shillings, and to the watchman of half a crown, and that they were both
Q. At the time that Mr. Daws had his fist clinched, did he or did he not tell him that he would fight him? - He said he did not wish to fight in such a public manner.
Q. Did not he make use of that expression at the time his fists were clinched that he would not fight him, that he would fight him in a tavern? - This he said some time before he was going; I dare say it was a quarter of an hour the whole business.
Q. You say that during one part of the time Mr. Daws's fists were clinched? - Yes.
Q. How long was that before the man gave him the blow? - The man gave him the blow just as he was going; it might be ten minutes after that.
Mr. Knapp. You say the prisoner struck, you are sure Mr. Daws's hands were not clinched? - He was going at that time.
Prisoner. I think it is a very hard case, I have been in the Poultry compter for eight weeks, and I think it is a very hard case that I should be insulted in such a gross manner by him.
Mr. Knapp addressed the jury on the witness's evidence, for the prisoner.
Recommended to the lenity of the court .
To be imprisoned a fortnight .
Tried by the first London Jury before
Indicted in a second COUNT for having another counterfeit shilling about him.
(The case opened by Mr. Valiant.)
I keep the Wool-pack, in Little Moorfields , a public house , I remember the prisoner coming to my house the 23d of October, about eight o'clock in the evening, he came in and asked for a glass of gin, and I served him myself, when he had drank it he gave me a shilling, I looked at the shilling and told him it was a bad one, he said he did not know that he had a bad shilling about him, and he would give me another, he gave me another, I looked at it, I told him it was one of the same sort as the first he had given me; he said he thought I was particular, I told him I had served my goods and I expected my money, he then gave me a third shilling, that was as bad, and a fourth, and that was the same. Mr. Clark and Mr. Bradley, the two marshalmen were in my back room, I went to them and told them; I had the money in my hand, Mr. Clark came into the shop, he asked him how many more he had of them? the man had three more of them in his hand; before that he told me that he worked in the leather business, and he had let the money fall into some leather water, and that had taken that effect on it that made them look so bad. Mr. Clark then searched him, but there was no more found on him, Mr. Clark asked me what he should do, I put all the seven together, and sealed them in a paper and gave them to Mr. Clark.
Mr. Knapp. So he uttered one after another to the number of seven? - No, four, and three were in his hand.
Q. Did not you think it pretty odd that a man that had seven bad shillings
On the 23d of October I was in Mr. Hill's house, in a back room, Mr. Hill called me out, on account of a man that had tendered some bad money, when I saw the prisoner, he had three bad shillings in his hands, the others, Mr. Hill had some in his hand, and some on the counter; I looked on them all and found to the best of my judgment they were all bad.
They are all bad, I look upon it they are made all from one die, six out of the seven do not appear to have been in circulation.
Mr. Knapp addressed the jury on the part of the defendant.
The prisoner called six witnesses who gave him a good character.
GUILTY , on both Counts.
To be Imprisoned one year in Newgate and to find security for two years .
Tried by the first London Jury before Mr. RECORDER.
I live at Newington, Surry. On the 11th of September last, as I was returning from the city home, a young man was in the chaise with me, and a young woman, it was a one horse chaise, with the head half down; about eight in the evening, going along the street, my young man had his arm in the head of the chaise, and he felt something, and out he jumps directly out of the chaise, and seizes the prisoner; I understand that he was not jumped down from the chaise, he seized him before he got down from the chaise; then I observed the chaise head all cut through, and my young man found that he was taking out a parcel.
Prisoner, I know no more about it than you.
Court. Was he immediately seized? - I see no other with him, I stopped my chaise as soon as I could.
I was in a chaise with Mr. Holloway, this was in Carter-lane leading to Black-friars from St. Paul's, just by Paul's-chain , about eight o'clock in the evening, I had my hand in the head of the chaise, there was in it a little bundle of childrens clothes, the young lady sat in the middle, and I perceived a knife rent the chaise, I heard something cut the chaise, and the prisoner had not cut it sufficiently the first time, he gave another cut, I turned about and saw him rustling, trying to take it; I immediately turned myself round, jumped out of the chaise over the Wheel and saw him behind the chaise with his hand trying to take the bundle out, and I immediately catched hold of him by the collar, he was sitting underneath, on the chaise, at that time, I see him on the chaise, but before I could recover myself he was jumped off, I did not jump off, I jumped quite over the wheel, and so as the chaise was going on I was behind the chaise.
Prisoner. I was going along with three more gentlemen, and this young man jumped out of the chaise and took me into a house to see if I had any knife about me, and I had no knife at all, that could cut the chaise; the sessions before last, I was
Barton. I was in the country and did not come home till the day after the sessions, and it was too late that sessions.
GUILTY . (Aged 42.)
Privately Whipped and imprisoned fourteen days .
Tried by the first London Jury before Mr. COMMON SERJEANT.
Q. Who did he live with? - I cannot tell exactly. On the 27th of September he came to my house about eleven o'clock, I saw the prisoner come down the street, when he came opposite to my door he made a stop and said, there was a gentleman at his father's that wanted a pair of buckles; I knew his father very well, I did not deal with him, he said he wanted two or three pair, I looked at him I did not much like to trust him, but knowing the prisoner and his father, I came into the parlour, and let him have three pair of as large buckles as I had by me; he said he should sell one pair and bring the others back and pay for them, in an hour; this was at eleven o'clock in the morning, he did not return all day, I sent up at night to his father's to know about the buckles, he knew nothing at all about them; the man came back with that answer.
I am an apprentice to Mr. Eaton; I was in the counting-house the time the prisoner came in for the goods, there were three pair of buckles delivered to him; I went up in the evening between seven and eight o'clock to the father, the father said he knew nothing at all about them, the prisoner was not there.
- WATTS sworn.
I am a pawnbroker, I produce a pair of buckles.
I am a pawnbroker, I produce a pair of buckles.
I am a pawnbroker, I produce a pair of buckles.
Eaton. I have seen these buckles at the pawnbroker's, I believe they are mine, I have no doubt but what they are mine, I am sure they are mine.
Not GUILTY .
Tried by the first London Jury before Mr. COMMON SERJEANT.
(The case opened by Mr. Knowlys.)
I make arrows for the archers , the prisoner was in my service. I make bows and arrows also. I engaged the prisoner at Brussels, about two years ago.
Q. On the 17th of November last. Will you tell what happened to you? - This man worked for me in the bow way; I live at Holloway; the workshop communicated with the house. This man was employed in making bows and arrows for me.
Q. What time did you go to bed on the 17th of November? - About half after ten in the evening.
Q. Was you at all alarmed in the course of that night? - Yes, I was; about a quarter before eleven, by my dog, I heard him make a strange noise, and all at once, cease, which made me suppose, that there was somebody there that the dog knew; and I told Mrs. Anderson there was some of the Philistines about; I dressed myself as soon as I could, and went out of doors. I got behind the column of my house, and listened if I could hear any thing further, and I heard something about twenty yards off, in a place where I dry my wood; I went then to a place where we keep pigs, and sometimes fowls, and looked through a crevice, and I saw a man move on at some distance.
Q. Was you able to perceive at that time, who that person was? - I could not; I thought he had a bundle with him; I could see a white shade about him of a bundle, but I could not tell what.
Q. How soon did you follow that person, or go after him? - I left the gates, and went through a door to the left into the road, and went to the watchman, and said, there were thieves in my house, and he and I went over several ditches, and after being in the fields some time, I saw the prisoner.
Here a confusion happened concerning an interpreter; when it was agreed by the counsel on both sides to withdraw a juror, and the trial was put off till the next sessions.
Second Middlesex Jury before Mr. Baron PERRYN.
JOHN SMITH BURNELL , CONVICTED IN JUNE SESSION, OF FELONY, As delivered by MR. JUSTICE ASHURST.
JOHN SMITH BURNELL , you have been tried and found guilty of stealing, in a ready furnished lodging in a house belonging to Thomas Neale , a quantity of goods, which are laid to be his property. An objection was made by your counsel to the form of your indictment; it has been referred to the twelve Judges, and they have taken it into their consideration, and they are of opinion that there is no weight at all in the objection. The objection laid, as I understand it, was, that it was stated in this indictment,"Being the goods and chattels of Thomas Neale the said goods and chattels being in a certain lodging room in the dwelling house of the said Thomas Neale let by contract by Thomas Neale to the said John Smith Burnell ." The objection made by the counsel was, that this lett by contract (which to the words of the act of Parliament, to be inserted in the indictment against the party who is charged with stealing the goods out of the lodgings) that the words lett by contract is referable to the house, and not to the lodging and the room, and consequently it is not within the description of the act of parliament; but the judges are all of opinion that there is no weight in this objection. In the first place it might be almost a sufficient answer, that the way in which this indictment is drawn, has been certified by the officer of the court to be of great antiquity, as such constantly used, and perhaps ever since the proceedings were in latin; when the proceeding were in latin the place loca might stand in the plural number, and might stand both for the house and lodging; but there is a much easier answer to be given to it, and that is, that any common reader would naturally underThomas Neale ) there in parentheses, it makes no chasm at all between what went before and what follows, and then it would read thus,"The said goods and chattels in a certain lodging room (in the dwelling house of the said Thomas Neale ) let by contract to the said John Smith Burnell aforesaid." Now if these words are put between parentheses (and any person in common reading would have done so) it proves therefore what is the plain and natural import of the words. Therefore the court are of opinion there is no weight at all in the objection that was made .