TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswe-Street, And Published by Authority.
NUMBER III. PART I.
BEFORE the Right Honourable PAUL LE MESURIER , Esq. LORD MAYOR of the City of London: The Honourable SIR FRANCIS BULLER , one of the Justices of His Majesty's Court of King's Bench: The Honourable ALEXANDER THOMPSON one of the Barons of His Majesty's Court of Exchequer: 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.
1st London Jury.
2d London Jury.
3d London Jury.
1st Middlesex Jury.
2d. Middlesex Jury,
FREDERIC FEHRENKEMP was indicted for stealing, on the 11th of December , a gold watch, value 101. and two cornelian seals set in gold, value 1l. the goods of John Moffatt , Esq . in his dwelling house .
(The case opened by Mr. Knowlys.)
I am the wife of John Moffatt. I know the watch very well, which is the subject of this indictment; I have wore it myself, at times, for two years and a half. The prisoner at the bar was a servant in the family; he was a footman , he had left our service about fifteen months before the watch was lost.
Q. How long was he in your service? - Between ten and eleven months.
Q. How lately before the watch was lost had you seen it? - I saw it the evening before, but Mr. Moffatt put it in the drawer himself, at ten o'clock that evening.
Q. How late that evening did you see the watch yourself? - I did not see it after dark myself.
Q.Where did you see it in the course of the day before it was lost? - Hanging up by the side of the fire, in a small parlour, where Mr. Moffatt generally dresses, on the ground floor, close to the hall, it opens into the hall, it always hung there, in the course of the day time.
Q. Was that the practice, to hang the watch in that place at the time the prisoner lived in your service? - Very frequently, but sometimes Mr. Moffatt carried it.
Q. Where was it usually deposited in the evening after Mr. Moffatt went to bed? - In a little table-drawer in the same room.
Q. What time of the evening was it generally removed from the fire-place to the little table-drawer? - Sometimes eleven o'clock; now and then at half past ten; Mr. Moffatt used to wind it up just as he was going to bed.
Q. Was it the practice at the time the prisoner was in your service, to deposit this watch of a night in this table-drawer? - Yes, always when we were in town.
Q.How did this table-drawer open? - The top listed up.
Q. Was it locked or not? - It was not locked.
Q. How long was it you missed it after you had seen it? - Nine o'clock is the usual time that Mr. Moffatt comes down stairs, and then he always lifts up his drawer, and that morning the watch was missed; I was not present.
Q. You said it was usually hung up by the fire-side; at what time of the day did you see it hung up at the fireside? - I cannot say what time I saw it in the course of that day.
I am a servant in Mr. Moffatt's service, and was so at the time the watch was missed. I am a footman. I know the prisoner at the bar, I saw him the day the watch was missed, in the house; I opened the door to him; he said pray is Master Norris here he is a young man belonging to the family; I said no,
Q. Did you know him before? - I did.
Q. You did not know at that time he had lived a servant in the family? - No, I did not; he said he came from some gentleman at Westminster, I have forgot the name; and he said my master had written to him to be there at eight o'clock; then I asked him if he would call again? and he took his hat and went out to the door, and I shut the door after him, and held the door; he never went out of my fight at that time, while he was in the house.
I was cook in this family of Mr. Moffatt's. I know the prisoner perfectly well.
Q. Do you recollect the day when the watch was missed? - On Wednesday morning, I think it was the 18th, it was a fortnight before Christmas; I was in the hall when the last witness gave him the answer the first time, cleaning it; and the young man sent him away, and I was at the bottom of the stairs, and he came in again in about twenty minutes afterwards, or not so much, the door was a jarr and he came in.
Q. Was any body in the hall besides yourself? - No, I was on the bottom of the stairs, I knew that to be the same man that came after my master before, and so I shut the hall door, and shut him in.
Q.What did he say? - He had told the young man what he came for, and I had heard it all, and knew him to be the same man again; while I was cleaning the hall, he asked several things about the family, he made a deal of wet about the door, and I left him, to go down into the kitchen to fetch a cloth to clean where his feet had wetted the hall.
Q. Was there any of the family left with him in the hall, or was he alone? - He was alone in the hail.
Q. Had he been in the hall all the time before you went down? - Yes, he had not been out of the hall at all.
Q. When you returned from the kitchen, where did you see the prisoner? - I see him coming out of my master's little room, that opens into the hall; I was rather surprised at seeing him come out of that room, but he asked me for Mr. Moffatt's, or my master's bulfinch, I told him it was dead; he says dead! how sorry I am, that bird cost five guineas. I told him my master was very sorry for it; he stopped some time in the hall after that, and then said I have heard that Mr Moffatt is better natured after breakfast, and I will call again.
Q. Did he call again? - He did not, I asked him if he had ever lived in the family? he said he had not.
Q. Have you ever seen your master's watch hang up? - Yes, I believe I have, I never saw it in any other place; he told me he had been at Mr. Moffatt's country house, with his master, who was a single gentleman, a month or two at a time; I let him out, and never see him till he was taken up.
Jury How do you know the prisoner at the bar? - I knew him by sight very well because I see him before.
Q. How long was he in the hall after what past about the bird? - About five or six minutes, not longer.
Court to Mrs. Moffatt. Do you know the particular day it was lost? - It was the 11th of December.
PETER PRESCOTT sworn.
I am a watch-maker; I live in little Newport-street, Leicester-fields; I know the prisoner at the bar, I recollect him perfectly well, he came into my shop to know the opinion of a watch, which he said he found; it was on Wednesday, the 18th of December last, I looked at it, and told him it was a very good watch, likewise told him that he was very lucky to find so good a watch, that I frequently looked for to find something, but never was so lucky as he had been; so then says he, I cannot say that I admire this watch, it is not modern, and it was a high watch, and he fixed on one that was then in the shew glass, a silver watch.
Q. How came he to fix on a watch in your shew glass? - He fixed on a silver watch, and intimated that if I would make an exchange for the silver one, he would let me have the gold one; I answered him that I would do no such thing, that the watch that he had found was preferable to the watch that he meant to exchange for; he then pointed out on the gold watch the defect of the maker's name being crased, I told him that I could rectify that; I had seen that, but I did not say any thing to him about it.
Q. In what way did he express it? - He said it was rather an eye sore, or a hurt to the watch; I told him that I could put a name plate on the watch, and that the cap could be cut again as there was sufficient thickness there; he asked me how much it would come to? I told him half a guinea, which, he found rather too much, he then seemed rather to with to dispose of the watch, and for me to buy it, he intimated as much as that, I told him if he had the defects rectified he could better dispose of the watch, and perhaps get more than I could allow him for it; he asked me then, do you think that you could dispose of the watch for me? I said, I dare to say I can, he said, he would call the next day, or next morning, which was Thursday, I said, very well, but if you leave it only till to-morrow, I cannot be able to get it done, nor perhaps the next week, because it is holiday week; but at last I promised it should be done for him by the Saturday; he left the watch with me, I asked him what name I was to put on the watch? he told me, Frederic Hatfield, London. I asked about the number? he said it was immaterial; O, then says I, I will put one of my following numbers on it; he said, just so; and he left the watch; I took it in pieces the very moment he left it, in order to trace out whether this watch was not stole, I had my suspicions, and I found a mark in the inside, Mudge, No. 576, I recollected that an hand-bill had been left at our shop which mentioned something about a watch of that description, I made enquiry and at last traced it to be the property of Mr. Moffatt's. The prisoner called again on Saturday and then I apprehended him, I have had the watch ever since.
Q. Are you sure that he is the man of whom you took that watch? - I am.
I am in partnership with Mr. Mudge.
This watch was made at our house, it was made for a Mr. Quick.
Q.Do you know whether it was ever the property of Mr. Moffatt or not? - I do. I knew it afterwards by coming often to our house to be repaired, while it was in the hands of Mr. Moffatt.
Mrs. Moffatt. I know this is Mr. Moffatt's watch, there was a little bit of gold just by the number six on the dial plate.
This watch is mine and has been twenty years; it was deposited the night before
Prisoner. The servant must be mistaken by me for I never was at the house since I left Mr. Moffatt; I was in prison very ill, I could not send for some gentlemen in the country.
Court to Moffatt. You and this man parted friends? - I turned him away but not for any dishonesty.
Q. What do you value this watch at? - Ten pounds.
Q. Would it sell for that? - I think it would.
GUILTY, Of stealing to the value of 39s .(Aged 33.)
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
151. GEORGE MUSLIN was indicted for burglariously breaking and entering the dwelling house of Mary Blackmore , about the hour of six in the night, of the 25th of November , and stealing therein, a wainscot box, value 5s. a pair of silver candlesticks, value 81. a silver waiter, value 31. a silver tankard, value 81. a silver pint mug, value 41. four silver table spoons, value 1l. a silver punch ladle, value 10s. a pair of silver salt holders, value 18s. two silver salt spoons, value 3s. nine silver tea spoons, value 18s. a pair of silver tea tongs, value 3s. a silver tobacco box with a pearl lid, value 1l. two gold mourning rings, value 14s. a stone ring set in gold, value 7s. a pair of stone shoe buckles set in silver, 21. 10s. a pair of stone sleeve buttons, value 1s. 6d. a watch with a gold case and a shagreen case, value 10l. a metal watch, value 2l. a metal trinket, value 1d. a silver milk pot, value 10s. a black silk cloak, value 2l. a pair of stays, value 1l. 1s. a cotton gown, value 1l. a silk petticoat, value, 10s. a stuff petticoat, value 10s. three lawn handkerchiefs, value 6s. four muslin handkerchiefs, value 11s. five muslin aprons, value 2l. 5s. a lawn apron, value 2s. a muslin tucker, value 6d. a muslin shawl, value 9s. four yards and a half of silk ribbon, value 6d. a cotton shawl, value 3s. two muslin half handkerchiefs, value 6s. two linen half handkerchiefs, value 6s. four silk handkerchiefs, value 5s. a yard and a half of thread lace, value 3s. three linen shifts, value 5s. three guineas, three bank notes of the value of twenty pounds each, two bank notes of the value of ten pounds each, the property of the said Mary Blackmore .
Indicted in a second COUNT for stealing the same things in the dwelling omitting the burglary.
I am a widow , I live in Tabernacle-row, No. 13, in the parish of St. Luke , I have got a house there, my house was broke open the 25th of November, 1792, by a pick lock key or by some means or other, and I was robbed of a great deal of property, it was between six and seven, about six as near as I can tell, in the evening when I was over the way at worship, called the tabemacle; I went home again to my house about ten minutes after seven, I went away about five, or ten minutes after five, my maid had light candles in my own house before I went out.
Q. Had you the other keys of the house in your pocket? - No. When I came back I saw my servant come home before me and she told me I was robbed.
Q. Tell me what you observed? - I did not observe any thing till she told me, and I went to examine my house and I found that my room door was forced open and the locks of my drawers broke all to pieces, and I missed my watch.
Q. Was the room door locked or unlocked? - It was unlocked, it stood wide open.
Was any part of the door open? - No.
Q. Was the lock drawn out or not? - That I cannot tell; I stopped down by the side of the bed, and there I missed my wainscot box, where my plate and things were in, and I missed my gold watch that hanged at the beds head, I turned about to look at my drawers, and I found my drawers all open, and the locks all broke; then I went and examined for my bank notes, and I missed them, they were kept in a drawer in my chest of drawers.
Q. How many were there? - Five. I think three twenty's, and two ten's.
Q. Have you recovered any of your things since? - At the time that my things were cried I found my metal watch and a pair of metal buckles, and two or three other things; and at the trial of the other prisoners, I had one twenty pound note returned me. This metal watch always hung in the kitchen, it was the gold watch that hung at the beds head, this metal watch was taken at the same time. I have recovered in all a metal watch, a white shawl, a pair of buckles, a pair of buttons, a lawn white apron, and three half handkerchiefs; they were all in the house when I went out to the tabernacle.
Q. When you was in the tabernacle did you see your maid there? - Yes, I saw her come in about half an hour after me, into the tabernacle.
Q.Did she stay there till the end? - She did. I went home immediately from the tabernacle as soon as it was done.
Mr. Knapp. Mrs. Blackmore, this affair happened in November last was a twelve month? - Yes.
Q. You prosecuted two men and they were convicted? - Yes.
Q. They have been executed, have not they? - Yes.
Q. My lord asked you just now, whether you had light candles before you went out from the house? - Yes.
Q. How long before? - Ten minutes.
Q. You light your candles before it is quite dark? - No.
Q. At the time you light your candles will you take on yourself to swear that if an hand had been held up you could not have seen it? - I will not take on myself to say neither one way or the other.
Q. How lately had you seen the things before? - The same day.
Q. Had you been out in the course of the day before? - I dined out.
Q.Who did you leave at home then? - My servant, she is here.
Q. How long has this man been taken up? - On my word I cannot say.
I lived with Mrs. Blackmore, I went to the tabernacle the 25th of November 1792.
Q. How soon did you go out after your Mistress? - About a quarter of an hour or twenty minutes after.
Q. Was any body left in the house when you went out? - No.
Q. When you returned in what condition did you find the house? - I found the door on a single lock.
Q. Did you open it? - Yes, and when I went in I found the place all in confusion, the things were moved out of their places.
Q. Was any thing taken away? - Yes, my mistress came in just after me and she found the things gone, the box was taken away from under the bed, the things were taken out of the drawer; I found the candle on the carpet in the parlour, it had been light, but it was put out.
Mr. Knapp. The door was locked when you returned again? - Yes.
Q. You put out the candle when you went out? - Yes.
Court. Was that the candle in the parlour that you put out? - No. I put that I put out at the bottom of the stairs.
I am a police officer; when Muslin was brought to our office, the 25th of January last, I found this phosphorus in his pocket, which he said he kept about him for to light his pipe, as he was obliged to smoke. I found nothing more on him than buckles, hardware, and things that he dealt in.
Court. What was this man bound over for? - I was bound over on the former bill.
I know nothing more than apprehending the other, I know no more of what he stands indicted for here. I know nothing about his having any part of the property.
GEORGE DEARING sworn.
I know nothing more of this man than he was pointed out to me.
Q.Have you ever found any property? - I did in Goodall's house.
Q. Did the prisoner live with Goodall? - I don't know, I believe not.
Q. Do you know that he ever had any part of the property? - Not to my knowledge.
I was at the apprehending of the two men that suffered, and I apprehended the prisoner.
Q. Did you find any of Mrs. Blackmore's property on him? - No.
Q. Do you know whether he ever had any? - No, I do not.
Q. Do you know the prisoner? - Yes, I think I have seen him.
Q.What is his name? - His name is George Muslin.
Q. Where have you ever seen him before? - I think I see such a person at Mrs. Goodall's.
Q. When? - At the time I lived there, I lived with Goodall.
Q. What time was that? - Fourteen months ago. Mr. Goodall went as a watch maker.
Q. What connections was there between the prisoner and Goodall? - He used to be there now and then, but he used to be there very seldom.
Q. What did he come about? - I never knowed what he came about.
Q. Did he ever bring goods there? - No, I never saw him.
Q. Did you ever see any goods that afterwards appeared to be Mrs. Blackmore's at Goodall's? - Yes.
Q.When was that? - The day the robbery was committed.
Q. Who brought them there? - Mr. Goodall and Mr. Mayo.
Q.Was he there that evening? - No.
Q. Do you know whether the prisoner had any part of the goods afterwards? - I don't know.
I know nothing at all of this business.
Q. Do you know the prisoner, George Muslin? - No.
Court to Prosecutrix. How did you get these things that you recovered afterwards? - I got them by the means of the officer going and searching the house of Goodall, by the evidence of the girl.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
153. MARGARET HARTLAND was indicted for stealing, on the 26th of December , two linen shifts, value 4s. a green harrateen curtain, value 2s. a flat iron, value 1s. a copper tea kettle, value 2s. and twenty pounds weight of feathers, value 2s. the goods of John Cockburn , in a lodging room .
I am a married woman; my husband's name is John; I live in Swallow-street ; I let lodgings; I know the prisoner at the bar, she lodged at my house, I cannot say particularly the time that she came, she was taken up the Friday after Christmas day; I look upon it she had lodged with me about seven weeks.
Q. Did she take the lodgings from you herself? - She did.
Q.Did you know her at the time you let her the lodgings? - No, I did not.
Q. After she lodged with you these seven weeks, what happened? - There were the curtains, one was taken away, and the other was tore in two, and I missed my feathers out of my bed.
Q.When did she quit your room? - She quitted my room on Thursday, and she was taken up on Friday.
Q. Did she say anything to you before she went away, that she was going? - She did not; she went away in the afternoon; the man that cohabited with her was in the room. After that she did not return never any more. I went momentarily into the room as soon as she was gone; I missed the sheets off the bed, the one was torn in two and part left behind, and the other was quite gone; I missed a flat iron, and a tea kettle; the curtain she had tore, was not taken away; I put it in the indictment to let you know what she had done.
Q. How many feathers did she take away from the bed? - There is not so many now as I can carry in a pocket handkerchief, it was a well stuffed bed before.
Q. How do you know the feathers were taken out? - Because the feathers were not there.
Q. Did you see it ripped? - Yes, it was.
Q.These things were all let with the lodgings to her? - They were.
Q. What was she to pay you? - Two shillings and six-pence a week. After she took the lodgings she had a man come there with her; the man sometimes paid me and sometimes she; he had a wife and three children, but she said, where she was there he should be.
Q. How soon did the man come there after she took the lodgings? - I cannot say, very shortly, after a night or two; he was not there when she took the lodging; she took it as a
Q.You sometimes received the rent of the man? - I did.
Q.Was you paid pretty regular? - Tolerably, only the last week.
Q. Did you ever find any of your things again? - I found some tickets in the room, in a drawer of a bureau, when the place came to be cleared, two days after she was gone. I found the ticket of a tea kettle, and the ticket of a flat iron.
Q. You mean a pawnbroker's ticket? - Yes. I went to each of the pawnbrokers and brought them out, and paid for them. I found the tea kettle in St. Giles's, the flat iron in Carnaby-street, and the curtain I found in St. Giles's, the one that was taken away, the other was tore; the sheet I found at another pawnbroker's.
Q. Do you know how these things came there? - I don't, only they were in her name.
Q. When was the prisoner taken up? - On Friday after Christmas, the day after she left me.
Q. Did you see her that day? - I see her at the justice's.
Q. The man you say, lodged with her? - But she cleared the man when she was before the justice.
Not GUILTY .
153. THOMAS BRYANT , JAMES GRIST , otherwise BUTLER GRIST , and WILLIAM PARSONS were indicted for feloniously making an assault on the King's highway, on Thomas Hudson , on the 18th of January , and putting him in fear, and feloniously taking from his person, and against his will, a steel watch chain, value 6d. a stone seal, set in silver, value 1s. two base metal watch keys, value 2d. a canvas bag, value 2d. four guineas, and a bank note No. 6,481, dated, London, 5th December 1793, value 20l. the property of the said Thomas Hudson .
Q.Was you alone? - Yes, and I was robbed.
Q. Did you see any persons coming up to you? - Yes; the prisoner Thomas Bryant came behind me, I saw him as he was going away with the property, he took the money out of this left hand pocket, and snatched the chain away.
Q. Did he say any thing to you? - Nothing.
Q. In what manner was your money, loose, or in a purse? - In a purse.
Q. Did the chain break of your watch? - Yes.
Q. What money was in the purse? - The two notes and four guineas.
Q. What notes were they? - A twenty pound note, and a ten pound note.
Q. Do you know the number of them? - I do not.
Q. Have you seen the notes again? - Yes.
Q. Did you know them to be your's? - Yes.
Q. How do you know that these notes were in your purse at that time? - I had received them about twelve o'clock that same day, just after twelve.
Q.What was it that you perceived the prisoner Bryant doing, when you first observed him? - I observed him go
Q.Was any body with him at that time? - Nobody.
Q. Did he take the money before he broke the chain, or after? - Both done at the instant.
Q. What then did you pursue him? - I did not; I went home to my lodgings.
Q. How far was this from your lodgings? - About two hundred yards, as nigh as I can guess.
Q. Did you do any thing that same night? - I did not.
Q. When did you see any thing of him again? - Not till he was taken; he was taken on Sunday morning, I believe.
Q. What day of the week was this? - The 18th of January, Saturday night, I saw him the next day, he was in the cart going to the justice of peace.
Q. Then you had not seen any other person that night? - No.
Q. Then you know nothing of the two other prisoners at the bar? - Nothing.
Q. What fort of a night was this? - It was a moon light night.
Q. Had you ever seen Bryant before? - Yes, I knew him before.
Q. Are you sure that you had opportunity enough of discerning him? - Yes, I had.
Q. So as to be sure that he is the man? - Yes.
Q. Did you know where he lived? - I believed he lived at the gentleman's hot house where he did work, he was a gardener.
Q. How long had you known him by fight? - A twelve month.
Q. How was he dressed at that time? - I think he had got a coat on, I will not be sure about it, he had no hat on.
Q. You did not speak to him at that time? - I did not, nor he to me.
Q.How came you not to take him up that night? - I gave the alarm at the place where I lodged.
Q. Did any body go from your lodgings after him? - Yes, the constable did.
Q. You did not go yourself after him? - No, never went at all.
Q. Did you mention his name when you gave the alarm? - Yes.
Q. When was it that you either saw your notes again, or your purse? - I saw the purse, I think six days after I lost it, it was found in Mr. Richardson's garden, he lives at Sunday. The gardener is here that brought the purse, his name is Solomon Rose .
Mr. Knapp. Pray what are you? - I am a gentleman independent, live on my fortune.
Q.Perhaps you have heard that if these men are convicted, there is forty pounds reward? - No, I never heard any thing about it, on my oath.
Q. Mr. Hudson, will you be good enough to tell the Court and Jury where you had been this night? - At the George.
Q. What time did you go there? How long had you been there? - I think I had been there two hours; I went there between seven and eight o'clock; this matter happened between eight and nine; I had not been in quite two hours.
Q.Perhaps being in a public house all that time, of course you drank a little? - I had a pint or two of beer, I had no more than two pint or three pints of beer.
Q. Upon your oath had you no more than three pints of beer? Now try and recollect yourself again, and see whether you can recollect yourself drinking seven pints of beer? - No, I cannot recollect any thing about it, I had no more than three pints of beer, and paid for no more.
Q. Then if any body was to come and swear that you had seven pints of beer it would be a falsity? - It would.
Q. Perhaps you might have had some other liquor? - I had not.
Q. No gin? - No, no gin at all.
Q. Then if any witness was to swear that you had gin, there he would swear false? - Yes.
Q. I take it for granted that you will take on yourself to swear that you was not drunk? - I was drunkish, a little fresh and that was all.
Q.Had you been drinking any thing before you came to this public house? - I had been drinking rum and water at Hampton. I drank two three pennyworths of rum and water
Q. No gin that night? - No, no gin at all.
Q. Was not you mortally drunk when you went out of this public house? - No, I was not
Q.Then you had a perfect recollection of what past? - Yes.
Q. Now you told the gentlemen of the jury that you was drunkish. Will you state that you have as perfect a recollection of what passes drunk as sober? - I have got as good a memory drunk as sober. I have a very good memory.
Q. And it is helped by liquor; when you get half seas over it is brushed up? - Yes; I recollect this transaction very well.
Q. Do you mean to let these gentlemen understand that being in liquor, your memory was better than at any other time? - I recollect it very well.
Q. Do you mean that you recollect it better because you had liquor? - No, that is not what I mean.
Q.Bryant, you say, you knew before? - Yes.
Q.Had he been drinking with you? - No, he had not.
Q. I believe Bryant was taken up at his own lodgings, was not he?
Court. He was not present at his apprehension.
Mr. Knapp. Have not you heard that he was found at his own lodgings? - Yes, I have heard so.
Q. So that he went home after having committed this robbery? - Yes.
Q. And there he was found? - Yes.
Q. Will you state to the Court and Jury how you can speak to the person of Bryant? Was he behind you or before you? - He was behind me; I saw him as he committed the robbery perfectly well, as he was turning away from me.
Q. It was not till after he committed the robbery that you saw him? - He did not meet me, he was behind me.
Q. Don't you know that he is subpocnaed on the part of the prisoner? - Yes, I know he is.
Q. Where was he at this time? - I don't know.
Q. Do you know Mr. Hansel? - Yes, I know him.
Q. If Mr. Hansel was to come here and say that you was so very drunk that you had no recollection about what passed he would say false? - Yes, certainly.
Q. I take it for granted you always fixed on Bryant? - Yes, I am certain of that.
Q. Do you know a person of the name of Henry Hopton? - Do I know him? yes.
Q. Being so certain of Bryant you never fixed on Hopton as committing the robbery? - No, I never fixed on Hopton at all, I fixed on Bryant.
Q. He is here? - Yes, I believe he is here.
Q. You say you live on your property? - I do.
Q. You never heard since you was robbed that there was forty pounds reward, on the conviction of a highway robbery? - No, not at all; never in my life.
Q.Have not you been in company with thief takers, or constables, since you have been here? Darts and Hawkins have been with you? - Yes.
Q. Have you ever learned of them that there was any reward on this conviction? - No.
Q. Was you ever in a criminal court before? - No, never in my life.
CHARLES HAWKINS sworn.
I am a baker, at Sunbury. I received information concerning this matter on the 18th of January, from one Doctor Hansel, at Sunbury; in consequence I went and searched several public houses, this was on Saturday night between eight and nine o'clock.
Q. Did you apprehend any body that night? - I apprehend Grist first at his father's house at Sunbury; then I apprehended Bryant in bed, in Mr. Richardson's, back of his place at his hot house, he was a gardener at Sunbury; I took them all the same night.
Q. Did you find any thing on either of the prisoners? - No, I did not find any thing on them; I took Grist to the cage; when I came back his father wanted to know where he was; I went with him to the cage, I heard Grist tell his father that he did not do the robbery, it was Bryant did the robbery. I took him before the magistrate in the morning, I found nothing on any of them, but Bryant told me where the property was.
Mr. Knapp. What did you say to Bryant before he talked about where the property was? - I said nothing, only insisted on searching him.
Q. Did not you tell him it would be better for him? - I did not, it was repeated to him, but I did not say it.
Q. Did not you hear some body tell him that it would be better for him? - No, I do not recollect I did.
Q. On your oath, don't you know that somebody said, in your hearing, that he had better tell the truth, or something of that sort? - There may may be such words pass, but I do not recollect any thing of the kind.
Q. But you recollect the other part of the story, why don't you recollect that? upon your oath did it or did it not pass? - I do not recollect.
Q. Will you swear that some person, in your hearing, did not say so? - I don't know about the particulars of it.
Q. You may as well, on this case, speak the truth, will you swear that such conversation did not pass; that there was expressed a promise of favour if he would confess? - I cannot tell particularly.
Court. Was there any talked of shewing him favour, because he was a young man? - Yes, there was somebody told him that if Mr. Hudson got his property they dare say he would forgive him.
Q. Did you get any part of the property that was claimed? - Yes, I found it.
Q. Where did you find it? - In the third, the further shed, on the second beam at the back of Mr. Richardson's hot house, I found there the two bank
Q. How came you to look for them there? - Bryant told me to search there for them. In the first place he told me he had thrown them over the hedge; I told him I was sure he had not thrown the property away, and I insisted on searching of him; then he told me if I would go and look where I afterwards did, that I should find the two notes there.
Q. Did he tell you the second beam in this shed? - He did, under a board in the hot house.
Q. What did you do with the bank notes? - I took them before the magistrate; I have got them now.
Prosecutor. I know these notes by this paper that they were wrapped in, being my own figuring, and my brother's; they were wrapped up in that paper when I put them in my purse.
Hawkins. That is the paper they were in.
Court to Prosecutor. You had taken these notes that day? - Yes.
Mr. Knapp to Hawkins. What are you besides a baker? - A constable.
Q. Did you see the prosecutor that night? - Yes.
Q. What time did you see him? - About nine o'clock.
Q. He was quite sober, was not he? - No, I do not say he was.
Q.Was not he very drunk? - He was not so drunk as what a man may be, he was capable of walking home.
Q. And a very good way too; perhaps you have heard of a forty pounds reward? - Yes, but I don't want it.
Q. There are three forties if these men are convicted? - I did it for the good of the parish where I live in.
Q. Do you know Mr. Hansell? - Yes, he was the man that gave me the charge.
Q. Did not he tell you that Hudson was very drunk? - No.
Q. Do you know Mr. Hopton? - Yes.
Q. You did not hear him charge Hopton with being the person that robbed him? - No, I did not.
Q. Now my lord has asked you about this shed; he worked for Mr. Richardson, did not he? - He did.
Q. There are other workmen employed in the same place? - There are most an and in gentlemens gardens.
Q.Don't you know there are other servants? - If I was to take my oath, to be sure I should say there was.
Q. Bryant was found at home? - Yes.
Q. You apprehended him in his own bed? - Yes.
Q. He had not run away after committing the robbery? - He had not.
Q. Any body else might have put the notes there for what you know? - Yes.
- DARK sworn.
I know no more only picking up the watch chain; I found it on Sunday morning, near the place where Mr. Hudson was robbed, between the George and Mr. Hudson's lodgings, in the high road; I picked it up about seven o'clock.
Q. Have you got it here? - I gave it to the constable.
Hawkins. I have kept it ever since.
Prosecutor. I am sure that is the chain, I know the seal, the chain was broke off by the swivel.
Mr. Knapp. Did you see the prosecutor that night? - Yes.
Q.Was he drunk or sober? - I think he was rather in liquor.
Q. Not so drunk that he could not recollect any thing that he was about? - I am not used to the person, I cannot swear either one way or the other.
I live with squire Richardson.
Mr. Knapp. Do you know the prisoner Bryant? - Yes, I know them all
Q. They were all taken in the parish of Sunbury? - Yes.
Q. You see the prosecutor this night of this supposed robbery? - Yes.
Q. What did you observe with respect to the sobriety of the prosecutor, was he sober? - He was very much in liquor indeed.
Q. Do you think from the appearance of him, he was sober enough as to be able to swear to the identity of a person, the consequence of which was to take away his life? - No, I should think not.
Q. What character has Bryant maintained in the neighbourhood where this offence happened? - A very good character for honesty.
Prisoner Bryant. I have got no more to say than I am very innocent of the matter.
I am a gardener, I live at Sunbury, where all the prisoners live.
Q. Do you know Hudson, the prosecutor? - Yes, he lives on his means.
Q. Do you remember seeing him on Saturday night, the night this affair happened? - Yes, he was very much in liquor when I saw him, when he said he was first robbed I went to him, to his own lodgings, and I asked him whether he knowed who it was? he said it was either me or Butler Grist; I told him I could give a good account of myself, and asked him whether he thought it was me? then he said no, it was Butler Grist, I asked him if he was sure it was him? he said yes, he knew him perfectly well, he knowed his person, then he said, go and get somebody to take him up, he said he would swear to him the next morning before any justice in the world; and this Butler Grist was taken up, and put into the round-house.
DOCTOR HANSON sworn.
I am a gardener, and nursery man; I know the three prisoners, I know Bryant, I have known him many years, I never knew a miss thing of him, I have known Hudson about two years, he lives on his means in our neighbourhood.
Q. Did you see him on the Saturday that he talks of? - Yes, I went to smoke my pipe at the widow Thomas's, at the George, at Sunbury; it was about six o'clock, when I went in Hudson was there, and was very drunk indeed, and very abusive, with every person, I believe he came in very drunk, and the time he was there he drank three glasses of gin, and called for seven pots of beer, when he first came in he was very drunk, very drunk indeed.
Q. Then all this quantity of liquor did not help to make him sober? did you see him go out of the house? - I did not take particular notice, he went out several times in the course of the time, and came in again; the longer he continued the quarrelsomer he was with different people. I said to him as this, you are very troublesome in company, because he swore so very bad and often; I and another took down sixty nine oaths that he swore that evening.
Q. Did you ever hear Hawkins say any thing about the three persons, Bryant and the other persons, when he had them in custody? - Mr. Hawkins could not find any thing on them, and he said he would acquit them; if that the prosecutor would acquit them; I said as you have taken them on suspicion, you have a right to keep them in hold, and you are very much to blame to acquit them, and we had words on that, about acquitting of them; the next morning I went to the justice's, to get him to stay at home,
Q. Did you hear Hawkins talking about any reward? - Yes, when we came out of the justice's he said after a few words, he said you are only angry with me because I have cut you out of the blood money.
Q. Are you sure that Hudson had the three glasses of gin that you stated to the jury? - I am sure of it, I set in the room and see him call for it, and called for seven pints of beer, and he was very drunk when he came into the house.
The prisoner Bryant called three witnesses who gave him a good character.
Thomas Bryant, GUILTY , (Aged 22.)
Of stealing but not of the highway robbery.
Transported for seven years .
James Grist, Not GUILTY .
154. HANNAH BINNS was indicted for making an assault on Juliet Boyd , in the dwelling house of William Count , on the 31st of December , putting her in fear, and feloniously taking from her person and against her will, an iron box, value 1d. the goods of the said Juliet Boyd, and two bank notes, value 25l each, also her property .
I live in Gray's Inn, I live with Mr. Sparkes.
Q. Where was you on the 31st of December last? - I went to a place called Parker's-lane , I went to the prisoner's lodgings, and there I was robbed; the house belonged to William Count , he lets lodgings.
Q. Do you know how long he lived in the house? - I do not know how long he has lived there, I went there, and was with the prisoner some time, the prisoner lodged there, I went to enquire after a person that she told me was sure to be at her house, a person of the name of Marsh, a young man.
Q. What time did you go there? - About twenty minutes before five, on Tuesday, the 31st of December, I stayed there till between twelve and one in the morning.
Q. Did the person come that you expected? - No.
Q. How came you to stay so late? - I could not go by myself away, being blind, and she went away and left me as soon as she robbed me.
Q. What time did she go and leave you? - I cannot exactly say, it might be nine or ten, I heard no clock, and I cannot tell the time; there were two twenty-five pounds bank notes taken from me.
Q. Who took them? - Hannah Binns, the prisoner, took them.
Q. Any thing else? - A box that they were in.
Q. Where was that box? - In my bosom.
Q. Did she take it out of your bosom? - Yes, I was set down on her bed, and she asked me to give her something to drink; I had then been there some time, and I had no money, I told her I had no money, but I had two twenty-five pounds bank notes in my bosom; I asked her
Q.Were the notes your own? - Yes, but I said so because I knowed if I lost them it would cause such uneasiness in the family, and I was afraid I should always here of it, losing them in going into such a place.
Q. Have you ever got your notes again? - No, neither of them, she sent a woman up stairs to take me down when she went away, and I charged the watch with that woman; when I came to the watch-house they detained me till I told who I was.
Q. When did you hear any thing of the prisoner? - I believe it was about three weeks or a month after, when she was taken.
Q. Did you ever have any part of your property? - No.
Mr. Knapp. Miss Boyd, no property that you lost has ever been found? - No.
Q. No charge was made against the prisoner till three weeks afterwards? - Yes, there was.
Q.When you went to Parker's-lane, did not you go to the Golden Hart, a public house? - I did.
Q. Who might you enquire for there? - For a Mrs. Birch, that she gave me the name of.
Q.How long did you stay in the public house? - I did not stay long in the public house the day that I was robbed.
Q. Did you take any refreshment there? - Yes.
Q. What did you drink? - I drank a glass of brandy.
Q.Perhaps you drank more than one glass? - No, I did not.
Q. Who is this Mr. Marsh that you had a view of seeing is he not a person of very bad character? - It was unknown to me at first.
Q. This Mr. Marsh you have heard has been transported from this very place? - I have.
Q.How came you to go after him? - The way I got acquainted with Mr Marsh was, the prisoner lived in a house in Cary-street, I went to visit there, I was taken into the parlour, this Mr. Marsh was there, he passed as an excise man, and through that means I kept company with him for two or three months.
Q. How long had you had these bank notes in your possession? - They were given me by my brother-in-law, the 29th.
Q. How many had you? - Two.
Q. Do you always make a point of carrying them about your person? - I carried them there because the person that I left in the chamber was an entire stranger to me.
Q. Did you ever hear there was such a place as Parker's-lane before? - I never heard before, Monday.
Q. Did not you find it was a common house, for the reception of women? - I understood that she was a married woman, and a bricklayer's wife.
Q. You don't understand it so now? - I do not to my sorrow.
Q.This property has never been found? - No, no further than she had it, and bought herself things with it.
- SPARKES sworn.
I know nothing about this business, I only know that I took two bank notes out of the iron box, and gave them to the prosecutrix.
Mr. Knapp. Did the prosecutrix use to go to Parker's-lane? - Not that I know of, she lived in chambers with me.
EDWARD TREADWAY sworn.
I took the prisoner into custody the 29th of January, and searched her, and found nothing on her
Prisoner. I know nothing at all about this here woman.
GUILTY, Of stealing, but not of the assault .(Aged 21.)
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
355. JOHN CARDIN was indicted for making an assault on the King's highway, on Francis Lowndes , Esq . on the 17th of January , and putting him in fear and feloniously taking from his person and against his will, one guinea, one half guinea and nine shillings, in monies numbered, the monies of the said Francis Lowndes .
I was robbed in the back lane, of St. Giles's in the East , nearly about ten o'clock in the evening, on the 17th of January; there were two attacked the coach, I was in a coach, returning from Blackwall, in the lower part of the back lane, where the roap-walks are; the coach came as coaches do in general, not very fast; I saw a man on horse back from the bench pass me, and not making an attack at the time, I thought no danger, about ten minutes after, the coach suddenly stopped, and something hard was put on the glass, I looked, and the prisoner at the bar was at the window, with the muzzle of a pistol against the glass; I put the glass down, and he put the pistol in, and demanded my money; I told him to put the pistol down and he should have the money; and during the time I was putting my hand into my pocket, he said quick, quick; and I gave him the money, and he turned his horse, and said come along; I then looked out and saw another man.
Q. Did he put the pistol up when you told him? - He did not.
Q.What money had he? - A guinea and a half, and nine shillings, as near a I can tell.
Q. What sort of a light was there? - It was moon light.
Q.Did you see enough of the prisoner to be sure of his person again? - His person I had surveyed before, and the horse, it was a horse rather remarkable marked, and his face, during the time of the robbery, he covered with his handkerchief, I did not see his face at that time
Q.Had you seen enough of his face before? - No, I cannot say I had.
Q. Are there any other circumstances by which you think you should know him? - By the general appearance of the horse and man, his coat and dress.
Q.What became of the horse? - The stable keeper is here, who hired him the horse; I have seen the horse, and I am sure it is the same.
Q.Have you any doubt about the prisoner being the man? - Yes, I should
Prisoner's Counsel. On your examination before the magistrate you entertained great doubts, and did not speak so positive as you have now done? - I said the general appearance of the man left no doubt in my mind, but on account of his face being covered I would not take on me to swear to the man.
Q. He was remanded to a second examination? He was.
Q. And you still had the same doubts? - I had.
Q. I believe he was remanded again on account of this circumstance? - It was not, it was on account of the other man.
Q. What figure was the other man? - Not at all like this, a short man.
The prisoner hired the horse of my wife, I was not present, I was told so when I came home, he hired it on Thursday the 15th.
Q.Did you ever see the horse in the prisoner's custody? - Yes, on the 16th, the next day he came and I was then at home, and spoke to him, he came in the morning between eight and nine o'clock, he said he wanted to go to South Mimms, I said Cardin I shall not let you have the horse to go to South Mimms except you keep the horse all night, he made answer then he should, he said he had got an aunt dead, and he was going to receive some money; I told my postillion to receive the money for the horses before they took the horses out; the prisoner came in to me, and he said I have not got above two guineas, and I borrowed that of David Jones in Whitechapel, in order to carry me down; well, well then says I, you shall have the horse without the money, I let him have it, he came back with it, I think on the 12th, the Sunday following, I saw it about half past twelve at night, it was a red rone and a bay swiss tail mare; he and his companion had two horses.
Q. Do you know which the prisoner rode? - The red rone.
Q. Has Mr. Lowndes ever seen that horse since? - Yes.
Q. Is the horse that was shewed to Mr. Lowndes the horse that was brought in by the prisoner that night? - Yes, it is, I had information sent me where they put up their horses that night, that my horse was in very great danger, they came in the Sunday morning two o'clock, quite melted down, I sent my man to the stable, but I did not see it till it was brought back again to my house.
Prisoner's Counsel. If you recollect at the time that application was made for this horse, the prisoner said it was not for himself, it was for an acquaintance? - He said it was for himself, his aunt was dead.
Q. Did you see which he rode? - Yes, the red rone.
I know no more than Mr. Mumford had the prisoner stopped, and delivered to me, I found nothing on him at all.
Prisoner. I leave my defence to my counsel.
The prisoner called two witnesses who gave him a good character.
GUILTY . Death . (Aged 26.)
Tried by the first Middlesex Jury before Mr. Justice BULLER.
William Adams .
WILLIAM ADAMS sworn.
I live in Rood-lane, Fenchurch-street.
Q. What have you to say about the loss of this gelding? - The gelding was mine, I turned him down to grass, at Bagley's and Hope's, at Upper Chapton , on the 6th of December; I saw him three times from the 6th of December to the time he was lost, I saw it about a fortnight before this happened.
Q. When did this happen? - The first of this month; I knew nothing of the horse till I see him dead.
Q.Had he the skin on so as you should know him? - Yes.
Q. What day was it you saw him? - I saw him on Tuesday the 2d of February, the constable fetched me to prove that it was my horse, it was at Mr. Blinkworth's yard, the constable had got leave to put it there, until he found out who it belonged to; Mr. Blinkworth's yard is in Holywell-lane.
Q. How long had you had this gelding? - About four years.
Q. Were there any marks by which you could know him? - Yes, I could know him almost from any horse in the world, Mr. Bevan had taken off a large wen, which growed just under the brisket of the fore leg, it weighed fifteen ounces, and there had been several warns taken off his face; the wen was cut off about a year and three quarters ago, and there was a wen grown in his groin.
Q. Who took off that wen? - Mr. Bevan and Jackson, farriers; they had cut off one of his ears to disguise him, and the tail and mane, and made him all over dirt, as possible a horse could be.
THOMAS HAWKES sworn.
Q. Have you any thing to do with the grounds of Messrs. Bagley and Hope? - Yes, I am a servant to them for that purpose, all the horses that are taken into this marsh, I have the care of them.
Q. Do you remember this gelding of Mr. Adams's coming there? - Yes, but as to the day of the month I cannot say.
Q. When was it you saw the horse fate there the last time? - About eleven o'clock on Saturday, the first of this month I saw it, I missed it on Sunday morning the second; I found him dead in Holywell-lane on Tuesday morning, in Blinkworth's yard.
Q. Do you know any thing of your own knowledge how the horse went away? - No, I do not.
Q.You are sure the horse that you saw there was the same horse that had been turned into your Marshes? - Yes
Q. He had a remarkable wen cut off, we understand? - Yes, he had; I took particular notice of all his marks, for fear he should be lost.
I live in Holywell-lane, in Baker's-court. For about these twenty years I have bought horses for horse flesh, dead and alive; the young man that I bought this horse of told me he was glandered.
Q. When did he come to you? - On Saturday night the 1st of February, between seven and eight, as near as I can guess.
Q. Did he bring a horse with him? - Yes, he said he had brought a horse to sell, that the gentleman said it was glandered, he said somebody had sent him, but I don't know who; I have had many horses of gentlemen that he has lived servant with, dead ones, out of their yards; he said he was to ask me a guinea, but I could not give a
Q. Did you agree? - Yes, I gave him eighteen shillings and six pence; he left the horse with me, and he had the money. I brings all my horses to Mr. Boswell's, in Cow Cross, ever since my husband has been dead, but I could not bring it down that night.
Q.Had you said any thing to the prisoner about taking the horse any where for you? - He said be could leave it down in King John-court; I said it would be lost for I had no stable. This King John-court is a place where rubbish lays; I told him if he left it there, it would be lost, and I had nobody to kill it, I could not lead it down myself where I usually kill them; he said, then if I had nobody, he said, he would kill it, that is all.
Q. Did he kill it? - I never saw the horse, only going by the window when it was alive.
Q. What became of the horse? - The gentleman gave it to the officer.
Q. You paid him the money? - I did.
Q. Where did you bargain for it? - In the public house, I paid him the money in the public house.
Q. What became of the horse after you bought it? - I don't know.
Q. You saw the horse when you bargained for it, did not you - Yes, I saw it go by the window, and I saw it tied to a past.
Q. Did you see no more of the horse? - No more at all indeed. I continued in the public house; I had been very bad all the week.
Q. Then what became of the horse after it was tied to the post you don't know? - I do not.
Q.Did you ever see the horse after you bought it dead or alive? - I never did upon my word.
Q. What sort of a horse was it? - It was a dark coloured horse.
Q. Did you desire any body to take care of the horse for you? - No, it was killed in King John-court.
Q.Was that your agreement, that he was to kill it in King John-court? - Yes, that was the agreement.
Q. You had said before that he said he would leave it in King John-court? - No, I understood it that he killed it in King John-court, I told him I had nobody to kill it; he said he would kill it for me; I understood that he would take it into King John-court, and kill it for me.
Mr. Knowlys. You have been in this horse business for these twenty years? - Yes.
Q. What colour the horse was of you don't know? - It was dark, I had a candle, and the wind blew it out.
Q. Then you never saw the colour of the horse? - I did not upon my word.
Q. This horse was brought between seven and eight o'clock, you did not permit it to be killed. You know there are a number of regulations concerning this horse business? - My horses were always looked over at Mr. Boswell's.
Q. Then they took you up on this affair? - They took me up on Sunday night.
Q. You was to answer for that, being a horse buyer, you know you must not kill a horse after six o'clock in the evening? - I don't know that really.
Q. Don't you know that you must give notice before you kill a horse? - I know there is an inspector, I always take them down alive, if I am able.
Q. You was taken up on Sunday night? - Yes.
Q. You told them that you had it of this man? - I knew this young man for three or four years, and I never knew him do any thing amiss before in my life.
I live in George-yard, Shoreditch; I know nothing about the horse, nor about the man; the constable brought me here.
On Sunday morning the 2d of this month, I got up in the morning, and I saw this said gelding very near my door, I saw it about nine o'clock; I live in Foster's buildings, where I live comes into King John-court.
Q. On finding that horse lay dead, how did it appear? did it appear to to have been killed, or how? - It had been stabbed. Seeing the horse in such a place, thoughts arose in my mind, I asked who it belonged to? I heard it belonged to Mrs. Seabroke; there was a gentleman there who suspected it to be his property, but it did not prove to be his property. From the information I received of the daughter of Mrs. Seabroke, I went and apprehended the prisoner, I found him in Pevitt's-court, Holywell-lane, in the same house where Mrs. Seabroke lives; I then took him to the watch-house; I asked him how he came by it in the watch-house? I made the best haste I could with him there, I locked him into the cage, and locked myself in.
Q. Did you make him any promise or threats? - No; I asked him how he came by the said gelding?
Q.Did you tell him that he was apprehended on account of a horse? - I did; he told me that he had it of a man at the Horse and Groom, at Stamford-hill; I asked him what sort of a man, did you know him? he said no, he is a tall man, but he said he should know him if he was to see him again. I then left the watch-house and locked him up; I goes down to the watch-house in the afternoon to take him down to New Prison; to secure him, I pulled out a pair of hand cuffs; for God's sake, says he, don't iron me, for I am not guilty of it; says I, I think I shall be able to tell you that I have found out an owner for the horse, in order to try if I could discover any thing of him; he seemed very much affected; I don't recollect any answer.
Q. What was done with the horse? - Before I took him to the New Prison I went and got the horse, and drawed him from this place into the premises of Mr. Blinkworth's; after I had taken the horse I then attended the examination in the morning.
Q. Was you present when Mr. Adams saw that horse? - Yes.
Q. Was it the same as you saw lying in the morning? - I am very certain of that; I had taken its marks before.
Q. Was you there present when Mr. Bagley's man saw the horse? - I was.
Q. Is this place where you found the horse a great thoroughfare? - No; but there is a vast quantity of horses come down of Mr. Blinkworth's and another person's that lives there, but a strange horse I do not recollect ever seeing.
Mr. Knowlys. You don't know what house you saw this man in, was it a public house? - No, a private house, in the lower apartment of the house where Mrs. Seabroke lives.
Q. Who is Cooke? - He now follows the lumping business, he was a dustman.
Court to Cooke. You are bound over as a witness. What do you know about
Q. Had he any thing with him then? - No, not that I saw; he asked me what price dog horses fetched? I said, there was all prices, according to what flesh they had on their bones they gave for them, I saw no horse.
Prisoner. I leave it all to my counsel, and you gentleman.
I live in Kingstand-road, opposite the King's Head; I am a cabinet-maker; I was in business in Brewer-street, Golden-square; now I do business in the brokery line; I know the prisoner at the bar, and his father and mother; I have known them for some years.
Q. Do you know any thing respecting this horse which he is charged with stealing? - I will tell you the truth as near as possible in a few words. I had been to Tottenham about some business of my own, (it was Saturday the first of this month) coming home I met with the prisoner, and he told me that he was going to London, to buy some shoes and stockings.
Q.Whereabouts was it you first light of him? - Near Stamford-hill, on the London side of the turnpike, but I am not very particular; the prisoner came up to a man who was leading a horse, and they seemed to know each other, he called the prisoner by his name, and he said, I have got this glandered horse to sell, and he asked him if he would go and sell it for him? and he would give him five shillings for his trouble.
Q. About where was it he sell in with this man? - Near about the brow of the hill. He told him he was to ask twenty-five shillings for the horse, and he was not to sell him for less than eighteen shillings, and when he had sold him he was to carry the money to him some where about the Horse and Groom.
Q. Is there such a sign as the Horse and Groom at Stamsord-hill? - I believe there is, I did not know that ever I was in it.
Q. What followed? - I left the prisoner; I went away about my business, and I saw no more of him, Cranny took the horse from the other, and I left them together.
Q. How came you to be applied to on this business? - Knowing the father and mother for some time, and being informed the prisoner was brought into confinement, I recollected seeing him, and he told his father and mother about it, and they came to me, and I related to them as I have to you.
Q. Do you know any thing of this man yourself that applied to him to take this horse? - No.
Q. How long have you lived at Kingsland-road? - About five years.
Q. How long have you lived in your present house? - About a year and a half, it is opposite the King's Head, Kingsland road.
Q. What character has this lad, Cranny, borne? - A very good character as ever I heard.
Q. How does he support himself? - By working at different butcheries, sometimes he is a gardener and works at husbandry; he has been in the butchering line, a pork butcher.
Q. Was he ever brought up to a certain business? - No, I believe he was not. The father has had a large family of fourteen children; there is ten living now, one step above another, and he is the eldest.
Court. Did you go with the father and mother before the magistrate, when he was charged with the offence? - I did not know of it till after the time; he was in confinement here before they applied
Q. So that you imagine he did not recollect that you was with him at first? - Yes.
Q. Which way was he going when you first saw him? - He was coming towards London, and I was going the same way, I overtook him.
Q. How long had you been with him before you met with this man and horse? - About a quarter of an hour, or ten minutes.
Q. Which way was the man coming with the horse? - He was coming towards London.
Q. Did he give any reason why he did not go himself to London with the horse? - He said he was busy, and if he would go with it, he would give him five shillings for his trouble.
Q. Then you and the prisoner did not come to London after this? - No, I left the prisoner there.
Q. Now what size man was this? - He seemed to be a middle size man, a shortish man, not a very short man, I did not take any very particular notice of him.
Q. He seemed to be an acquaintance of his, they seemed to know one another? - I cannot tell whether they did, I did not ask them any questions.
Q. Did you take notice enough of this horse to know whether it is glandered or not? - I don't know a glaudered horse if I was to see him.
The prisoner called three other witnesses who gave him a good character.
Court to Messenger. Where did the prisoner tell you that he had the horse? - He said he met a man at Stamfordhill, that he was at the Horse and Groom door when the man came up to him; it was a man that he did not know, but he should know him was he to see him again.
Jury. He told you that he was a tall man? - He did; that he positively spoke of two or three times during the time we walked to New Prison.
Court to Prosecutor. Had your horse any thing of the glanders belonging to it? - No, nothing at all in the least, you may depend upon it.
Court to Hawes. Was it any thing of a glandered horse that you saw? - The horse was as clean as could be from any thing of that kind.
Messenger. I was desired, by the magistrate to get it examined by a farrier, and it was not glandered, nor never had it.
Court to Prosecutor. What was this horse worth? - I should have been sorry to have taken twenty guineas for him, he was such a good horse to ride.
Court to Siabroke. When you was taken up you said you had the horse of this man; did you know his name? - I did, I knew him before very well.
Jury. Had he ever sold any horses to you before? - Never.
GUILTY . Death . (Aged 20.)
157. WILLIAM STACEY was indicted for feloniously stealing, on the 16th of January , a cotton counterpane, value 5s. a pair of linen sheets, value 10s. a looking glass, in a walnut tree frame, value 1s. 6d. a base metal candlestick, value 18d. a pair of linen pillow cases, value 1s. 6d. two paintings on canvas, value 5s. the goods of Thomas Pragg , in a lodging room .
MORIAH PRAGG sworn.
I am the wife of Thomas Pragg; I let the lodgings myself to the prisoner, my husband is in Bedlam.
Q. Were they ready furnished lodgings? - Yes.
Q. When did you let them? - The 16th of January last, nine o'clock in the morning, on a Thursday.
Q. Did he go into the lodging after he had taken them? - Not till that night. The prisoner came to the lodgings at half after ten; there was no person in the house besides myself and children.
Q. When did you miss any of the things? - The next morning at nine o'clock; I sent my daughter up into the room, and she came down crying, and told me, and I went up stairs immediately myself, and I found all the articles missing mentioned in the indictment, every thing that is there.
Q. When did you see the prisoner again? - Not till the latter end of the next week, I cannot recollect the day; I made application to the constable.
Q. Do you know what time the prisoner went out in the morning? - I cannot say I do, but there is a young man present does.
Q. Are you sure that the prisoner is the man that took the lodgings? - Yes, I am.
Q. Did he say any thing at the time that you saw him? - He said nothing at the public house, but only denied me before the alderman that he never see me.
Q. Have you ever seen any thing of your things since? - No more of them.
Prisoner. Ask her is she has any other lodgers in her house? - Yes, there is one of them here, there is a woman, and a man, and a young man.
Q. Be so good as to ask her if any of these lodgers can go out in the morning without being discovered by the family? - Yes.
Q. Whether she has not an inscription in her window with lodgings wrote on it for single men, and whether when I came to her house she asked where I live, and whether she went to enquire after my character? - Yes, I did; he told me that he served his time at Mr. Goldings, in Aldersgate-street, and he came with the shavings hanging about his apron.
Q. Did you see me take any property out of the house? - No.
I am going of thirteen.
Q. Did you ever take an oath before? - No.
Q. Have you not been before the Grand Jury? - Yes.
Q.Was you before the alderman, at Guildhall? - Yes.
Q. If you tell stories or swear false, what will become of you? - Go to Hell.
Q. What do you know about this affair? - I know the prisoner came to take the lodging in the morning.
Q. Was you present? - Yes.
Q.What was he to pay for the lodging? - Two shillings a week.
Q. Now look at that man, and see if that is the man? - Yes, that is the man.
Q. Did he come to the lodgings that day? - Yes, he came at ten o'clock at night; he sat down about a quarter of an hour by the fire before he went to bed.
Q. Did you see him go away the next morning? - The young man saw him go away at six o'clock.
Q. Did you see him afterwards? - No.
Q.Was the articles mentioned in this indictment missing? - Yes.
Q. Did you see the articles in the room? - Yes.
Q.Was he to have them for the two shillings? - Yes.
Prisoner. What day was it I took the lodgings? - Thursday morning, and he robbed my mother the Friday morning.
Court to Mrs. Pragg. Has there been a statute of lunacy taken out against your husband? - No.
Q. Do you see him at all? - Yes, I see him this morning before I came here; he is a great deal better than he was.
Q. Is he sensible at times? - Yes.
Q. Did you ever say any thing to him about these lodgings? - I was fearful to do it, for fear of making him worse.
Q. How long has your husband been in confinement? - Ever since the 5th of October last.
I am a lodger in this house.
Q. Do you know what time the man was in that took the lodgings? - About ten o'clock at night.
Q. Did you see him in the house? - I see the back part of a man, something of him, pulling off his shoes or boots, stooping in that apartment that he took.
Q. What time was that? - At night, about ten o'clock. In the next morning I heard some man get up about six, and he went down about ten minutes or a quarter after six.
Q. Then you don't know the prisoner so as to swear to him? - No.
I am a constable. The prosecutor applied to me, and said she had been robbed, about the 20th, and asked me if I knew the prisoner at the bar? I told her I believed I did, and that I thought I could find the person, (it was Monday morning) I looked about for the prisoner for a few days, I heard of him, and went and broke into his room, and took him.
Q. Where did you find him? - In his lodging room in Grub-street, he said he knew nothing at all about it; I took him to a public house and there were a ten or a dozen people, the woman and child come, and both said that was the man.
Prisoner. This woman owns that her house was a common lodging house, I think it is a very unlikely story that that man saw me in the room and yet he can give no description of me. As the lodgers can get out of themselves at what time of the morning they please, they may take the things themselves. I am really innocent.
Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
158. JOHN EVANS was indicted for that he on the 17th of November, in the 14th year of his present Majesty's reign, in the parish of St.Botolph, without Bishopsgate, did take to wife one Mary Willis ; and then afterwards, on the second of June, in the 33d year of his present Majesty's Reign , at the parish of Saint Botolph, without Aldersgate, did take to wife one Mary Lavender , and was then and there married to her, the aforesaid Mary Willis , his former wife, being then and there alive .
The case opened by Mr. Gardiner.
I produce the register book of the marriages in Bishopsgate parish without(reads) " John Evans , of this parish, widower, and Mary Willis , of this parish, widow, were married in this church by Banns, this 17th of November 1773, by me, John Waring . This marriage was folemnized by us John Evans and Mary Willis , in the presence of Joseph Clarke and Elizabeth clarke."
I know Joseph Clarke was Sexton at the parish of Botolph, Bishopsgate. I know he is dead.
Elizabeth Clarke , and from this circumstance only I am able to judge that that Clarke is the sexton of the parish, and I will explain it to you if your worship will give me leave. It very frequently happens that persons come to church to be married without bringing friends with them, in which case the officers of the parish are under the necessity of signing their names as witnesses; if the marshal was here he could tell, for it was his father and mother.
Q. Do you know the prisoner at the bar? - Yes.
Q. Was you ever married to him? - Yes, in Aldersgate church.
Q. At what time? - I do not recollect the time.
Court. Don't you recollect the time when? - The second of June.
Q. In what year? - I don't know, it is nine months the second of last month.
Q.Was you a single woman or a widow? - I was a single woman, and I did not know but that man was a single man.
Q. How long have you lived with him? - I have not lived with him at all, I was in service when I was married to him.
Q. You consummated the marriage, did not you? - Yes.
Q. You were bedded together, were not you? - Yes.
Q. Did you continue in your service? - Yes.
Q. You cohabited with him from time to time? - No.
Q. How soon did you part? - We parted after that I heard he had another wife.
Q. When did you first hear that? - It was a month ago.
Q. Did you ever since that time see him in company with that other wife? - No, I never did.
Q.When you heard that he had got another wife did you refuse seeing him? - Yes, I did.
Q. Did he call on you? - Yes, and I refused seeing him.
Q. But till you found this out he used to visit you occasionally? - Certainly, but I was in service.
Q. And you lived on good terms as man and wife till this? - Certainly.
Q.Have you any body that was present at the marriage? - Yes, I have a witness that was present.
Q. You say it was nine months the second of last month, and then you say it was the 2d of June, which was it? - It was the 2d of June when we were married.
Q. Do you mean to insist upon it it was the 2d of June? - It was.
Q. Then how do you know it was nine months? - I am sure it was the 2d of June last.
Mr. Gardiner. When did you see the last wife? - I see her on Saturday last; she says she is his other wife, she was at our house.
Q. Do you know what her christian name was? - Yes, Mary.
Q. Was the prisoner present at the time? - No, he was not.
Q. Then you did not know any thing of him till lately? - No, I did not.
I know the prisoner at the bar.
Q. Do you know his first wife? - I do not.
Q. Did you ever see him and his first wife together? - Not his first wife, I have not seen her; I was present at the
Q. How came you to be there? - I was an acquaintance of Mary Lavender's, that is all.
Q. Have you seen the husband at any time besides the day of marriage? - Yes.
I am a ticket-porter and constable, I was sent for by Mary Lavender's master, last Thursday night, to serve the prisoner with a warrant, I went to him with the warrant, and took him.
Q.What did you say to him at that time? - I told him I had got a warrant against him, and he must go with me.
Q. Did he say any thing to you particularly at that time? - Not at that time, I took him from Serjeant's Inn, and from there to Newgate; he said if he should be cast he should petition the judge to go to sea; the clerk said there was no occasion of his saying any thing about his going to sea, till he knew he should be cast; as he was going to prison he said he thought the old woman ought not to have the goods, and if I saw Mary Lavender , to tell Mary Lavender that he would sooner be hanged at the Old Bailey, than live with the old woman, for she had sent him to sea.
Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
159. THOMAS WILSON was indicted for stealing, on the 18th of January , an iron eight inch dead lock, value 5s. 9d. an iron padlock, value 3s. 6d. three brass hinges, value 12s. the goods of Henry Downer , privately in his shop .
Q. What time of the day? - I don't know, I was at home the principal part of the day but I cannot say what time of the day the goods were missed; Pullen, the broker, who stopped the prisoner, went down to several ironmongers, and among the rest to me, having seen such in my shop; we had missed the articles.
Q.Do you know that of your own knowledge? - No, but from my servants who are here; we went some days after this with Pullen, to the Borough, and saw the goods in Union Hall.
Q. Did you know those goods that you saw there? - Yes, I did.
I am a cabinet-maker.
Q. Are you a constable? - No. The prisoner came to my shop on Monday, the 20th of January last, and brought me these things, and offered them to sale.
Q. What was it the prisoner brought for sale? - He brought two locks, and three hinges, an iron eight inch dead lock, and a padlock; I live in Princess-street, Lambeth, he came into my shop, and he pulled out this padlock, and said will you buy this padlock? I said what do you ask for it, he said eighteen pence, and I knew very well that that padlock must be worth five shillings; then he pulled out this eight inch dead lock, and the fcutcheons, and screws, and two brass hinges; and I said to him my friend, where did you get them? poh, poh, says he, hold your bother, give me five shillings, and let me go about my business, I found him in Chancery-lane, says I, where is the other hinge? he said he would go and fetch it, when he went away for the other hinge he returned and brought me a bed winch, and a common lock, and then I said, my friend, you
Q. Now the things that you took from the prisoner, have you kept them from that time to this? - I left them with the magistrate at Union Hall.
Q. I hope they were not confounded with the things that were brought from the shop? - No, they were not.
Q. How soon did you recover them? - One of the men of the hall brought them to me again.
Q.Was any mark put on them at the hall? - No.
Q. How do you know them to be the same that were left in the hall? - I can swear they were the things that I had in my possession, I left them with the magistrate on the table, the magistrate took charge of them.
I am a shopman to Mr. Downer.
Q. What is Mr. Downer's christian name? - Henry.
Q. Has he any partner? - No. I know these three hinges, they are the property of Mr. Downer, by the private mark that is on them, I missed the three hinges, and the eight inch dead lock; on Saturday, the 18th of January, I opened the paper of those hinges, to few a customer with them; the prisoner at the bar was in the shop, and I left him in the shop; it was about five o'clock in the afternoon, on Saturday, I saw him twice before that day, in the same shop, he came with small locks, to fit little keys with them, afterwards I left him in the shop.
Q. Was any body in the shop when you left him there? - Yes, six or seven people, some of them strangers, and some of them servants, when I returned I missed the locks, and three hinges.
Q. How long was you gone? - About three quarters of an hour.
Q. Had you sold any of these hinges to the prisoner? - Not any of them, they lay on the counter for about three hours, before he came in.
Q. Were they on the counter at the time that he came in? - Yes.
Q. Was he near that counter? - Yes, he was, he had been in the shop about half an hour before I went out, and I left him in the shop.
Q. When you came back did you find him there still? - No, he was gone, I never saw him any more, till I saw him at Union Hall.
Q.How came you to go to Union Hall? - By the broker's calling at our house; he called on the Thursday following.
Q. Where did you first see any of your goods? - At Union Hall.
Q.Was that exactly the quantity missing? - Yes, exactly.
Q. What do you identify, the whole, or only part of them? - The padlock I know to be on the counter that very day, here is our private mark, I had received it of a customer returned; the inch dead lock I had had in my hand before that day, I had four of them on the counter, and I missed this one, which the prisoner took away; I know it by a private mark that is on the bolt, the name (Tarratt)
Q. Now the things that you saw who put them into your hands? - Pullen.
Q. Do you think they were the same articles? - I am certain of them, I examined them particularly at Union Hall and they prove to be the same now as then.
Court to Pullen. Did you put into the hands of this man the same as you took from the prisoner? - Yes.
Court to Downer. When was it you was at Union Hall? - I do not recollect the day I was there, I think it was two days after the broker called on me, and informed me that such things were there.
Q. Can you identify them more than your servant has done? - No, I cannot.
Q. What is the value of them? - Upwards of twenty shillings, they cost me more.
Q. How many more have you in this shop? - Three shopmen, and an apprentice.
Q. Are they here? - They are not.
Q.Is it your own mark, or your servants? - I believe it to be the writing of my shopman, not the mark of any man present because this shopman has not lived with me above two months.
Q. To Ousy. Do you know of your own knowledge that your dealer has not sent to any shop besides your's any dead docks of the name of Tarratt on it? - We wrote to him particularly about this, and he sent word back that he had never made any for any man in England besides Mr. Downer, not locks of that size, with the name.
Q. Had you sold any with the name of Tarratt on them? - We had not.
Q. Had not you sold some hinges of this sort? - Yes, some, we had sold three pair, but I had a perfect knowledge of these hinges, I had rubbed one of the joints of them.
Q. As to the padlock you had sold some of them with the private marks on them? - I never have, others in the shop might have done it.
Prisoner. On the 18th of January, I was accused by Mr. Downer and servants in the shop of being in the shop that afternoon which I was at work that morning from seven till six in the evening, in Little St. Martin's-lane, along with Mr. Shaw, the master that I worked with, and I was paid for my time.
Q. Do you know the day of the week? - Saturday.
Jury. Is Mr. Shaw here to prove that you was at work on that day? - No, he is not.
GUILTY, Of stealing but not privately .(Aged 35.)
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
160. THOMAS FORRESTER was indicted for feloniously making an assault on the King's highway, on Thomas Sharp , on the 19th of January , putting him in fear and feloniously taking from his person and against his will a man's hat, value 5s. a cloth coat, value 3s. a silk handkerchief, value 2s. a pair of men's leather shoes, value 2s two guineas and eight shillings in monies numbered, the goods and monies of the said Thomas Sharp .
THOMAS SHARP sworn. I am a paper-hanger . I live at No. 8, Meadow's-court, Andrew's-street. On Saturday the 18th of January, I was very much in liquor, and did not go home till between ten and eleven o'clock, I was in Berwick-street, and I went down Charing-Cross, after that I went into a house, I don't know the sign of it, and there I staid, and had some liquor, and became quite insensible; I really cannot tell the sign, it is the right hand side going down, near the Admiralty; I got quite drunk, I don't know what became of me; at five o'clock in the morning I found myself in the watch house.
Court. That was right enough, you ought to be taken to the watch-house to be sure. - I found I had lost my property, after that I asked them if they had any charge against me? they told me no, they told me where they picked me up, drunk in the street, at the top of Bow-street. When I came to myself I found myself in the watch-house, with no coat, hat, shoes, nor neek handkerchief on; they discharged me, they had no charge against me, at ten o'clock I returned to know if they knew any thing about my things; they told me where they picked me up, accordingly on Sunday morning I went to the Sun in Long-acre, and there was a watchman, and two of the justice's men, and the watchman said that he saw this man take my things.
Q. Have you ever got your property again? - No.
Q. What money had you? - I had two guineas and some silver, eight or nine shillings.
Q. When was the last time you was sensible you had got that money about you? - Between six and seven o'clock in the evening.
Prisoner. I wish to know whether you was not at Charing-Cross, a treating of some girls of the town? - There were two women in the house at the time that I was there, and I drank with them, but they went out before I did.
I was done calling the hour of one o'clock on the night of the 18th of January, coming out of Phoenix-alley, and I saw this Thomas Forrester carrying this young man out of my beat, and he took him into Bow-street, and I saw him take the money out of his breeches pockets, I saw him and knew him, I asked him what he did it for? he said to take care of him, he was his nephew, he told me to get a coach to get him safe home, when I came he went away, and the young man was left without his coat, handkerchief, or shoes, and I sprung my rattle, and they came from St. Martin's-lane, and I took him into the watch-house.
Q. Did you know the prisoner before? - More than two years by eye fight, he lives very nigh where I do myself, I watch where he works, and where he lives.
Q. Do you know Sharp? had Sharp got the hat and coat on when you went for the coach? - Yes.
Prisoner. You knowed me before did you? - Yes.
Q. Where do you know me? - In Vine-street.
Q. Where did you know me before you knew me in Vine-street? I never worked in Vine-street; how came you to ask my name before you could find me out? I have lived above three years in the parish, and have been a housekeeper; why did not you take me on Monday morning? there was you and five more in the public house, you went down to the watch-house keeper, and there you did not know who was the man to look for, till the watch-house keeper called me up to give me a glass of gin, you made your brags that you should not have sworn against me if it had not been for the beadle.
On the 19th, Sunday morning, I was going some part of my round, I am one of the beadles of St. Martin's in the fields; coming up Long-acre I heard a watchman's rattle go, I judged it was on the beat that I was serving on, I immediately made up to it, and I found that Mac Millan had got a young man prodigiously intoxicated with liquor, in seeing of me, he said; what am I to do with this young fellow? he is in a sad situation; I see that he was; says he, I will endeavour to help to carry him in myself, we took him to the watch-house, and there he was kept till five o'clock in the morning, I saw that he was without his coat, hat, and handkerchief or shoes; I really thought he had been a corpse. On Monday morning this Mac Millin came to me, along with one of the patroles of Bow-street, and says to me, Mr. Conner, I must go and take up this man, says he, I know where to find him.
Q. Did you go with him? - I did not.
Court to Prosecutor. Did you know Featefter, the prisoner, before? - No.
Q. You was not his nephew then? - No.
I am one of the apprehenders of the man, we took him on the 20th of January about twelve o'clock in the day, we found no property belonging to the prosecutor; I was sent to search his lodgings there was nothing there but his box, and a parcel of duplicates; I did not see any thing of any consequence, only the man's property I found these pick lock keys.
I am a Bow-street officer, Mr. Samuel, Skeate came down to the office and said there was an information against Thomas Forrester ; we went to take him, we found him at work in Vine-street, and we took him there, we found no part of Sharp's property.
Prisoner. I have witnesses to call that will prove I was in bed at the time.
Court to Conner. Have you any duplicate besides those that Skeate produces? - Yes, I have got eighteen, but I do not see that any lead to any of these articles.
I live in Vine-street, No. 2, my husband is a smith, I know the prisoner, and have known him almost thirty years, I never knowed any thing amiss never, he has taken money for my husband many many times.
Q. Does he lodge in your house? - No.
Q. You don't know where he lodges of nights? - With his wife there is no doubt.
Q.How do you suppose so? - Because, he is so good an husband to his wife.
Q. What has been his character? - For whatever I knew, I never knowed him to wrong us of a pin.
The remainder of this Trial in the next Part, which will be published in a few days.
PAUL LE MESURIER , Esq. LORD MAYOR OF THE CITY OF LONDON.
TAKEN IN SHORT-HAND BY MANOAHSIBLY, PROFESSOR OF SHORT-HAND, NO, 35, Goswell-Street, And published by authority.
NUMBER III. PART II.
I lodge next door but two to the prisoner, in No. 4, Angel-court, Charing-Cross.
Q. Did any body lodge in the room with him? - Nobody but his wife, I hear him come home and go out, I heard him come home at nine o'clock that Saturday night, that he was taken up on Monday.
Q. How do you know that he came home at nine o'clock? - My door was open, and I heard every thing that was said in the room, he said he had but three shillings, she said that would not pay the rent, and give the landlord some money. I went out, and I came home a little before twelve, and knocked at his his door for a light, I had no fire; and he said come in and take a light. His wife is very hard of hearing.
Q. Where had you been? - I had been to Clarke's-court, in the Strand.
Q. How do you know what the hour was? - It was just on the stroke of twelve, I asked the watchman, he has a box at the corner of the court, I am sure it was not twelve.
Q. How long ago was this? - Last Saturday was a month.
Q. Did you call him by his name? - I did and asked him what he took the man's money for? he said it was his nephew, and he had a right to take care of him.
The prisoner called five other witnesses. who gave him an excellent character.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
161. ANN LOCKHART and ANN LLOYD was indicted for making an assault on the King's highway, on William Grose , on the 14th of February , putting him in fear, and feloniously taking from his person and against his will, three guineas and ten half guineas, the monies of the said William Grose .
(The case opened by Mr. Knowlys.)
WILLIAM GROSE sworn.
I keep a public house in Wapping, High-street (the Royal Oak) I was robbed last Friday, I went out on Friday morning, with an intention to go to the court of Requests, and took a check with me, to Sir James Eldaile 's, and changed it in Old Gravel-lane; then I had ten half guineas, and six guineas whole at that time, I went then about other business.
Q. What time was that? - About one o'clock in the day, or some little tritle of it; the robbery was committed about ten minutes after eight o'clock at night; I had been at different places, about my business, from that time, but never took my money out of my right hand breeches pocket, no other than three guineas, which I changed at Mr. Oliver's at night; that was before this happened, then that left me ten half guineas, and three whole guineas, I left Mr. Oliver nearly about eight o'clock.
Q.What part of the town is Mr. Oliver's? - At the top of Nightingale-lane, in East Smithfield, within a little way from where I was robbed; I come my way home, and came to Parrott-alley , as I understand since, I did not know the name of it then, it was rather a round about way to my own house, but I was going to another place to collect some more money, which I had left in the course of the day, because I was going through a croud of people at the court of Requests. I came by this alley, and I see a man rather standing within the alley, and I thought I knew the man, I asked the man if his name was Appleby? he replied it was not; I asked him if he knew a man of that name, that resorted that neighbourhood? he asked me what profession he was? I told him; he readily told me that he knew a man of that name, that lived in that alley, and I was very glad of the opportunity, because the man owed me a little money; he told me if I would go down that alley with him he would shew me where the man lodged; I went down the alley, it may be within a foot or two the length of this table, when the man laid hold of me by both my arms.
Q. In what manner did he lay hold of you? - I had my hand in my breeches pocket, he laid hold of me, and pinioned me up, and the expression he made use of was, d-n you, not a word, he laid hold of both my arms.
Q. At the time he laid hold of both your arms, did your hand continue in your breeches pocket, or not? - It did not.
Q. Your hand came out of your pocket immediately? - It did, he took both my hands behind me, and pinioned me up to the building, and then four or more women came, three I could swear to.
Q.Where did they come from? - They came from the end of the alley,
Q. Do you mean that they came into the alley after you? - They were in the street when I first talked to the man, and they came up the alley after me, the one as the man held me put her hand into my pocket, and stole all this gold out of my pocket.
Q. Are you sure it was the woman's hand in your pocket, and not the man's? - I am perfectly sure.
Q.Which pocket was it? - The right hand breeches pocket.
Q. When she had done that what became of the others? - As soon as the man saw that the woman had robbed me of my property, he fetched me a blow as hard as he could on the head, but my hat having an high crown to it, it did not hurt me, only knocked my hat off; after that they all ran away as fast as they could, and the man ran to East Smithfield, the way that I came in, and the women they ran down the alley the other way, the alley is a thoroughfare; I saw one woman run into a house, and I pursued her immediately, there was an inside door to it, but I ran against the door, and the door burst open; the house was in the same alley.
Q. Did she get out of your sight at all? - No, I never let her.
Q. Do you mean she was not out of your sight from the time of her running away, from the time you found her in the house? - No other than when she was going into the door; I impeached her immediately with the robbery, and she denied it.
Q. How was the door, locked or how? - I believe it was only latched, I shoved against it and it flew open; she denied the robbery for a long time; I told her if she would tell me the parties, so that I might get my property, I should be very happy.
Q. Who was the person that you seized? - Lloyd, I never afterwards let her out of my sight, I kept her in my custody in that house, till the watch was set, and then I had her secured, and I called him in, his name is Frederic Wibbing.
Q. You say that one of the women put her hand into your pocket; was that Lloyd or the others? - One of the others.
Q. Had you ever seen Lloyd before? - Yes, I had, by passing and repassing, and by living in the parish so many years. There was a light shone bright on her.
Q. What light was that? - The light of a lamp.
Q. How long was it before the other prisoner was taken? - The next morning, between three and four o'clock.
Q.Was you present? - No, I was not, I see her at the watch-house before the hour of ten in the morning, they came to let me know she was taken, as soon as I saw her I knew her face.
Q. What part did she take in the robbery? - She took my money out of my pocket, I knew her person very well, I had seen her many a time before.
Q. For what length of time do you think you had known her person? - I think for three years, I frequent that neighbourhood two or three times a week at times, I have lived in the parish nine years, I have seen them both about the neighbourhood.
Q. Do you know how Lockhart came to be taken? - I do.
Q. Did you give any description of her person? - I did, the best that ever I could I gave to Moses Fonseca.
Q. Did you find any of your property about her? - No.
Q. On neither one nor the other of them? - No.
Mr. Knapp. I am counsel for Lockhart only.
Q. Consequently if your evidence is believed it will doom them to suffer the law? I would have you be cautious before you swear positively what you have said to my learned friend. I take it for granted in Nightingale-lane there are a great number of loose women? - There are.
Q. This was between eight and nine o'clock at night? - It was.
Q. And this was done at a time that they are not less frequest than they are in day light? - I don't doubt it in the least.
Q. Perhaps you know the persons of all the women in that neighbourhood of that character? - For to say that I know every one by name I do not, I know them no otherwise than I know you, supposing I was to meet you in the street; I suppose there is five hundred, if the truth was known, in that lane.
Q. The prisoner Lloyd you had as good an opportunity of seeing as the prisoner Lockhart? - I had not a better opportunity, for I saw Lockhart's face well, and I had a good opportunity of knowing her.
Q. You told my learned friend and my lord just now, that you followed her into a house? - I did.
Q. She was taken on the spot? - She was.
Q. The other women got away at that time? - They did.
Q. How many women think you there might be with this man that you first addressed? - There were four, and there might be more, I cannot tell; but there were not exceeding five, I could almost venture for to say.
Q. Could you take on yourself to swear to the others as well as to these women? - I could not; there were others apprehended, but for the exchange of dress I could not swear to them, for which I am sorry.
Q. How many lamps were there in the alley? - There was none in the alley, but there was at the bottom of the alley; whether there is any lamp in the alley or not I don't know.
Court. Then the lamp by which you made your observation, is the lamp in the street, at the end of the alley? - It is, it shone right on them.
Mr. Knapp. How far had you proceeded up the alley when the man laid hold of you? - It did not exceed the length of this table the long way, a very little way into the alley.
Q.Then after you had got that distance this matter happened that you have stated? - Yes.
Q. Is it an inclosed alley? - No, it is an open alley, a thoroughfare, I know nothing to the contrary; I was never down the alley in my life time; it was thoroughfare enough for them to run away from me.
Q. Where was Lockhart taken? - She was taken in the same court I heard.
Q. You are sure to the best of your recollection, there was no other lamp, save the lamp at the end of the alley? - I cannot say there was or was not.
Q. Do you know what length the alley is? - No, I do not.
Q. Did the woman that went away from you proceed up the alley, or come back again into the street? - There was none proceeded into the street but the man.
Q. Now there was no property found on Ann Lockhart? - I was not at the searching of her.
Q. Was you at the searching of the prisoner Lloyd? - I believe she was searched in my presence.
Q. Was any thing found or not? - No, I recollect she was searched.
Court. What particulars did they do besides the one woman that took the money? - They all assisted as well as they could.
Q. What did they do? let us hear if they did any thing? - There were no other expressions than d-n you not a word.
Q. Did any of the women take any other active part than the woman that took your money? Lloyd you pursued into a house, how far was that house from the spot where your money was taken out of your pocket? - A very small distance, it did not exceed thirty yards; I see her all the way into the door, it was a moon light night, I see her go in doors, and I followed her in.
Q. Was there any other woman in the room at that time with her? - I saw no other, and I don't know there was any other woman in the house.
Q. And you never lost sight of her from her entrance into the house, till you found her in the room? - No.
Q. Was you able to swear to her, as being one of the four? - Yes.
Q. Was there any candle light in the room? - Yes, there was a candle had been a light, it was just blowed out, the snuff was alight, and I put it to the fire, it light directly.
Q. Should you have known Lloyd again if you had not seen her so soon? - Yes, I should.
Q. You was asked by the counsel how you happened to know the persons of these women more than a great many others that are there of the same sort of women? - I never was molested by any other parties; I know them no other than by passing and repassing; there is a great number resort to that neighbourhood, but there were no other about at that time just there.
Q. Supposing nothing had happened to you, how should you have known these women from other women of the same description? - I should not have taken notice.
Q. But you had noticed them before? - I had not noticed them no more than other women.
Q. But you have given this as a reason? - There is many a one that I should know perfectly well, as well as them by sight.
Q. Then you still persist that you knew these women by sight before? - Yes, I know them by passing and repassing many a time.
Q. How long was it before you broke this door open? - I dare say the space of time was not half a minute after I had my money taken out of my pocket, and received a blow on my head.
FREDERIC WIBBING sworn.
I am a watchman.
Q. Is Parrot-alley within your beat? - It is.
Q. Do you know the house Mr Grose was in? - I do. I was going round the hour of a quarter before nine, the first time going round in the evening, coming down Parrot alley Mr. Grose being in the house where Ann Lockhart and Elizabeth Lloyd lived, detaining Elizabeth Lloyd .
Q. How came you to know that Mr: Grose was in that house? - Mr. Grose called to me out of that house.
Q. Did you know that that house was the house where these two girls live? - Yes, I knew that before.
Q. On his calling did you go there? - I went immediately to the house; says he, watchman, I have been robbed by a party, and this woman was in company with the party that robbed me; he wished me to take charge of her.
Q. Did you know her voice before? - O, yes. I made up to her, and she was standing, and a man with her, before the Crown and Anchor, in Black horse yard, so I heard somebody coming down stairs of the Crown and Anchor to open the door, and there was a watchman that brought her there; where he came from I cannot tell.
Q. Who was this watchman? - I cannot tell indeed.
Q. When you saw her first was she in custody of any watchman? - No, this watchman knows nothing about this affair.
Court. I am sure you don't know much about it? - Seeing this man stand at the door with Ann Lockhart I was rather dubious to take charge of her by myself, therefore I went to the watch-house to get assistance.
Mr. Knapp. Had you any information from Grose that led you to suspect Lockhard? - Yes, I had.
Q.Grose had given you this description before Lockhart was apprehended? - Yes, it was when Lloyd was taken to the watch-house he gave it.
Court. Who did you take with you? - The houseman from the watch-house, Johnson.
Q. Did you take her? - Yes, at the Crown and Anchor.
Q. About what time in the morning did you take her? - About half past three.
Q. Then she had got into the house afterwards at where you first saw her? - Yes, I gave the people a light in the house before I went to the watch-house; I took her to the watch house.
Q. When you got her into the watch-house did you search her? - Yes, and nothing was found on her.
Mr. Knapp. How long have you been a watchman in this part? - Seven years last Michaelmas.
Q. It is pretty well crowded with these sort of women? - Very much so sometimes.
Q. I believe at the time, between eight and nine, they are pretty plenty? - They are.
Q. How far is this Crown and Anchor from the place where the gentleman described himself to be robbed? - About four score yards.
Q. Is there any light in this alley? - There is one lamp.
Q. Are you sure of that? - Yes, at the bottom of the alley, that lights to the corner of Ann Lockhart's house.
Q. Do you think that lamp would give a light as far as the prosecutor has said? - I was not there on the spot at the time.
Q. If there is a lamp at the end of the alley, in the street, it could not give so great deal of light to an alley so long as it has been described? - That I cannot say any thing about.
Q. You searched both the prisoners? - Yes, they were both searched in the watch-house.
Q.Lloyd was taken directly, and nothing was found on her. How many did you see that night do you think after eleven or twelve o'clock, or thereabouts? - I cannot say.
Q. Did you see the prosecutor that night? - Yes.
Q. Did he appear to have been drinking at all? - He was perfectly sober.
Q. Can you say why they deserted you without attempting to make further search? - I cannot say.
Prisoner Lockhart. Before I was taken to the watch-house I lived in this house; when I first saw this gentleman it was at this house where this woman was taken, he stopped me first, and when I saw him in the house he said this woman had robbed him, and then he light the candle, and shewed me the bed, and said it was on that bed he was robbed, and then afterwards that he had said so he first locked the door and locked me in, but afterwards he opened the door and let me out, and said I was not the woman, and then I was taken in the morning as I was going to Gravesend, but I wanted to get something first to drink.
Prisoner Lloyd. I came from my day's work; I am but a poor woman; I have a garret in this house, and I saw this gentleman sitting in a chair in this house; I had a coat to mend for a person; I asked him whether he came for a coat I had to mend for a young man? he told me no; he said to me he had been robbed of six guineas and a half, and he said if so be I could not find him the people that robbed him, I should suffer for all; where of I never saw the people, nor know nothing at all about it; so immediately he pulled me into the lower room, and kept me there till the watchman came to cry the hour, and then he gave charge of me; here is a young man, Charles Grey , that heard all the conversation.
Q. Nor you had no conversation with her? - No, I had not.
I live at Woolwich; I am a rope-maker belonging to his Majesty's yard. Last Friday when I was coming through Black Horse-yard, about half past eight, I went into Ann Grey's house- Ann Lloyd I mean - I made a mistake, and enquired for my coat that she had to mend.
Q. When had you given her that coat? - About four or five days before, it was tore underneath the arms.
Q. Did she usually work for you? - Yes, for these twelve years. As soon as I entered the room I saw this gentleman there, the prosecutor, in the lower room, and the woman was sitting down in the chair, and the man was standing up, they were talking concerning a robbery; I asked what was the matter? the gentleman replied he had lost six guineas, immediately there was a watchman sent for, and she was immediately taken away to the watch-house. I see her searched, and I knew no further.
Mr. Knowlys. Are you working in his Majesty's yard still, down to the present time? - Yes.
Q. In what department are you working, under whom? - Mr. Suckling.
Q. What time did you go into this house? - About half past eight as high as I can judge.
Q. Did you expostulate with the watchman about his charge? - All I heard was that the watchman took charge of her.
Q. Then the watchman must have seen you? - I was there at the time.
Q. I am not talking of the juncture of time, but the juncture of place? - I was in the room.
Q. Pray how was the watchman sent for? - First of all there was a boy very nigh the door, and this gentleman said, I will give you a shilling if you will fetch a watchman; the boy was just by the door.
Q. How came you to find the boy was just by the door? - I saw him myself, and the gentleman saw him too; the room that we were standing in looked into the alley; this boy was standing just at the door.
Q. How did you find out the boy? - Because this gentleman he went to the door, to give an alarm to the watchman, and he saw the boy.
Court. Then the boy went out for the watchman? - He did; but the watchman came before the boy came back.
Q. Who was the watchman that came in? - I cannot see any man that is here, that is like him; he was a short elderly man. I went to the watch-house with them.
Q. Do you sleep in this house sometimes? - No, I do not.
Q. Then you attended the woman, and the prosecutor, and watchman, to the watch-house, and see her searched.
Q. Was any thing taken from her? - No.
Q. She had been your acquaintance for ten years? - Yes. I have been in the house many times when I have had money in my pocket, and laid on the bed when I have been in liquor, and sometimes have treated her with a quartern.
Mr. Knowlys. How came you to mention the name of Groves? - It was a mistake of mine to be sure.
Q. Can you account for it? - I cannot.
Court to Prosecutor. Did you see any thing of that last witness that night? - He came in about two or three minutes before I gave charge to the watchman.
Q. Where did you first see him? - He came into the house; she asked this man if he would give her something to drink? he said, no, he would not, for she was a very bad woman, and he would not give her any thing.
Q. Did you mention about losing six guineas before him? - I was not certain to the sum till I got to the watch house, and counted all the other money.
Q. Did not you know that you put all the gold into that pocket? - I knew very well I did, but I was in a flustration that I did not know hardly what I had got about me; I believe I did make use of the words that I have lost six guineas, and when I came to recollect I had ten half guineas in that pocket and three guineas.
Q. The man you have never said hold of? - No, I have not, but if I was to see the man I should know him.
Ann Lloyd, GUILTY . Death .
Ann Lockhart, GUILTY . Death .
Tried by the first Middlesex Jury before
Mr. Baron THOMPSON.
162. JAMES LEWIS and JOHN WEBB were indicted for burglariously breaking and entering the dwelling house of Joseph Colwell , about the hour of five in the night on the 17th of January , and burglariously stealing therein, forty pair of leather shoes, value 3l. the goods of the said Joseph Colwell .
Q. When was your house broke open? - On the 17th of January, on Friday; it was supposed to be broke open about half after five in the morning; I did not sleep in the house on account of its being lately finished, it was damp with the plaister, I was afraid of catching cold; there was no person in the house except a dog in the parlour.
Q. Had you been in it that day? - Yes, I was there on Thursday night, about ten minutes before ten; I was the last person in the house, I locked the street door, and sastened every thing in the house the last thing when I left the house, and fastened all the places.
Q. When did you make your discovery that it had been broke open? - The next morning, I was the first person that went to it myself, I went a few minutes after eight o'clock. The first thing I discovered was all my pegs empty; I found the street door fast as I had left it, but I observed a pane of glass taken out of the parlour window the first thing.
Q. Now this pane of glass, did you discover it when you was inside of the house, or when you went to the door? - I discovered it when I was inside of the house.
Q. What other parts of the house was broke besides the pane of glass, were there any shutters to the window? - Not any at all. I apprehend they broke in at the back door, but I could not get to the back door without going into the parlour, the pane of glass was taken out of the door of the parlour.
Q. Where is this parlour door, is it a communication between the shop and parlour? - It is between the shop and parlour.
Q. How did you conceive this was broke, for any purpose, or was it a mere accident? - They could not get into the shop without taking this pane of glass out; but before they came to this they got in at the back door, with an iron crow or something; the back door is exposed to the street, I found that door broke all to pieces almost; they had forced the things that the bolts go in, and broke the door all to pieces almost; so then by breaking this pane of glass in the parlour door, they could put their hand in through and get up the latch.
Q. When you came away, ten minutes before ten, it was quite dark then, I suppose? - O, yes, quite dark.
Q. Now I want to know how it was when you went to this house in the morning, was it dark or was it not? - It was not as you say dark.
Q. Was there light enough to distinguish a man's face? - Yes, plenty of light to do that.
Q. Did you go into the shop finding your back door broke this way? - I did, I missed forty or fifty pair of shoes, I cannot tell justly how many mens shoes, and some boys, and half boots, all leather shoes.
Q. What part of the shop did you miss them from? - I missed them from the pegs, some racks that I had made to hang them on.
Q. Are you sure they were there the over night? - I am confident of it.
Q. Was there any thing else missing? - Not that I can recollect, except a pair of half boots.
Q. Did you ever recover any of these shoes? - Yes, two pair offered for sale, and one pair I took off the prisoner, Webb's feet, at the office; one pair offered for sale I saw in the hands of Mr. Ford, this was on Monday, they had wore them, because I should not know them. The other pair were offered for sale to Mr. Richardson, in Monmouth-street, that was on Tuesday; the third pair I took off his feet at the office, this was on Tuesday. He came in the
I am a shoe-maker, in Monmouth-street.
Q. How far do you live from the house of Mr. Colwell, the last witness? - About a quarter of a mile.
Q. Had you a pair of shoes brought to you by any body? - Yes, by Webb; they were leather shoes; I asked him where he got them? as soon as I took the shoes into my hand I saw the private mark, and I thought they were Colwell's, he said he got them of a man at Kennington Common; I told him I knew the person that owned them.
Q. Did he say any thing more about them? - No, going along we met Mr. Colwell, as soon as he met him, he said you are the young man that I want to see, and he collared him, and took him to the magistrate.
Q. What was done with the shoes that the lad brought to you? - I had them of him, and have kept them ever since, till I came to this place, I marked them myself in the office with an R.
Q. Now look on them altogether, and tell me whether these are the shoes that you took from the prisoner Webb? - I can swear to the shoes; I have no doubt at all.
BOLTON FORD sworn.
I am a shoe-maker, No. 31, Swallow-street.
Q. How far is that from the house of Mr. Colwell's? - About half a mile. The prisoner Lewis offered these shoes to fell to me the Monday following after they were lost; I have kept them ever since, till to day they were all put in an handkerchief, and given to the prosecutor.
Q. How do you know they were the shoes you gave to the prosecutor? - I wrote my name, Joseph Lewis , on them, at the Justice's; I am confident they are the shoes I took from Lewis, he offered them to me for sale, he asked me two shillings and six-pence for them, and I looked inside and see the marks correspond to a bill that I had left in my shop, I took him instantly to the office.
Court to Colwell. What may be the value of the shoes that you took from Webb yourself? - One shilling; they were all old shoes only new foled and heeled, I know them by a cut with the knife in the inner foles.
Q. Have not you sold some with that cut? - Yes, many a pair.
Q. Whether you can say with certainty that they were a pair taken out of your house that night you missed some, or a pair that had got into the world by sale? - It was a pair that I missed that night, because I had left them in the shop, I had been in the shop but five days, I could swear to them if there was no mark on them at all.
Q. There was a pair produced by Mr. Richardson, have you got that pair here? - Yes.
Q. How do you know them? - They are marked according to what they cost, this is cut with a knife.
Q. How long before had they been mended? - I cannot justly say, because I may have mended them before I was in business for myself, because I have mended many a pair before I was in business.
Q. Can you swear that you had not sold these shoes? - Yes, I can.
Q. How long before had you mended them? - I cannot say, it might be a fortnight, I cannot justly say, I missed the whole seven pair of one gentleman's wear.
Q. Now you see there a pair only found, and these boys lives depend on your evidence; have you on your conscience any doubt about them; supposing these shoes had been put into your hands at York, should you have known them at York; should you have ventured to have said, supposing you had seen them at a shop in York. these are my shoes? - Yes, I should, I should have known them.
Q. What is the value of the whole three pair? - About four shillings.
Q. What may be the value of the whole forty you lost? - Between three and four pounds.
Q. Would they sell for three pounds do you think? - Yes, they would.
Jury. One shoe of this pair is marked and the other is not, have you any reason for that? - No, it is by accident; I keep them in pairs as I buy them.
Q. When you came in the morning, how did you find your dog? - I found it cut loose, it was out of the house, I met the dog by St. Giles's Church.
Q.Was he hurt at all? - He was not, he was tied up in the house, and he was cut loose with the rope about his neck.
Prisoner Webb. I works for a plaisterer, and I was going to work between six and seven in the morning; I was going across by St. Giles's pound, and I saw one of these shoes lay in one place and three or more lay straggling all in the road, and I picked them up, and one pair fitted me, and the others I went to sell them, and this man stopped me with the shoes.
Prisoner Lewis. On Monday morning I went to sell my things, and I met a man in the street, and he asked me to buy them shoes, and I told him I had but six-pence and half a dozen of mats about me; and he said he knew what to do with the mats as well as me, and I gave him the six-pence and half dozen of mats for them, and I went to sell them in Swallow-street.
Court to Ford. Did he give you any account how he came by them? - He said he gave six-pence and some mats for them.
Court to Prosecutor. How soon was you to return to this house? - In the course of five or six days, or not so much, as soon as the plaisterers were out of it.
John Lewis, GUILTY . (Aged 17.)
John Webb, GUILTY . (Aged 14.)
Of stealing to the value of 2s. but not of the burglary.
Imprisoned six months in the House of Correction , and Publickly Whipped .
Tried by the first Middlesex Jury before Mr. RECORDER.
163. JACOB VANDOME and EDWARD BROWN were indicted for burglariously breaking and entering the dwelling house of John Dorset , about the hour of seven in the night, on the 25th of December , and burglariously stealing therein, a looking glass in a gilt frame, value 1l. a pair of leather boots, value 2s. a linen table cloth, value 1s. two silk cloaks, value 4s. two pair of cotton stockings, value 1s. a linen shift, value 1s. two linen caps, value 1s. the goods of the said John Dorset .
JOHN DORSET sworn.
Q. How many other lodgers are there in the house? - Two more lodgers.
Q. What are your apartments? - The lower rooms, the parlour, I have the whole ground floor.
Q. Who is is your landlord? - One Mr. Brown.
Q. Has he any residence in the house at all? - No.
Q. How could any body get into the house? - By the outer door at the street.
Q. Is that door at the street the common door to all the lodgers? - Yes.
Q. In what manner was your apartment broke open? - By the back window.
Q. Was you at home? - No.
Q. Was any body in the apartment at the time? - No.
Q.What day was the apartment broke open? - The 25th of December.
Q. What day of the week was it? - It was a Christmas Day.
Q. What time did you leave your apartment? - About four o'clock in the afternoon.
Q. How did you shut your door before you went? - I left my sister in the care of the place.
Q. Is she here? - Yes, I believe she is.
Q. What time did you return? - Between twelve and one the next morning.
Q. What business are you? - I drive an hackney coach .
Q. Was your sister at home when you came back? - No.
Q.In what manner was your house broke open? - When I came home I found the window was broke at the back of the court there.
Q. Did you find your house at all altered except the window being opened, any other violence done to your house? - No violence at all done at the house. When I came to look about I found the looking glass gone, and several other things; all the articles in the indictment were missing.
Q. In what room were all these articles? - In the kitchen.
Q. How many rooms have you on that floor? - Only one. About three weeks afterwards I was going along Long-alley, and I saw the looking glass hanging up at a broker's shop, at one Mrs. Ferris's.
Q. Did you know it to be your's? - Yes.
Q. Have you ever found any thing else of your's? - No.
Q. Why do you impute it to either of the prisoners? - I took a constable with me, and went and owned the glass, and the gentlewoman that belonged to the shop she took the prisoners up.
Mr. Knowlys. I suppose you are not exact to the time you left your house? - It might be a little before four o'clock.
Q. Perhaps it might he as early as three? - I am not very particular.
Q. You had been a merry making as it was Christmas Day? - Yes.
Q. Your sister and all? - Yes.
Q. And therefore the window might, very possibly, be left open by mistake? - It might be.
Q. It might be when you went out for ought you know; you was too intent on your good cheer, to take notice I dare say. Did any suspicion ever fall on a person of the name of Garrett? Was not he questioned about it? - Yes, he was.
Q. Now that Garrett is an acquaintance in your house, and has frequent access to your apartment? - He is.
Q. Garrett used frequently to come to the house, and knew the ways of the house? - He did.
MAGDELEN FERRIS sworn.
I keep a house in Long-alley, Moorfields; I bought the looking glass.
Q. Was that looking glass in a gilt frame? - Yes; I bought it the day after Christmas Day, between five and six o'clock in the evening, I bought it of Vandome and Brown, Vandome brought it.
Q. Was the other prisoner with him? - Yes; one Mr. Wright, a neighbour of mine, came with them, to recommend them to sell the looking glass; they asked me sixteen shillings for it; I asked him whether it was his own? they all three came together.
Q. With whom was the conversation? - I asked Vandome whether it was his own? he said, he had rather been a drinking, and he would sell the looking glass unknown to his wife, and asked me whether I would buy it? he said that he had had words with his wife, that he was drinking, and would sell the looking glass; I told him I could not give that money, for I must make money of it again; I gave him eleven shillings and six-pence for it; the bird was broke off it, and I said I could not give him any more for it; he said it cost him a golden guinea. They went out all together, and that was all that passed. I am perfectly sure of the two men; I never saw them but that once; Mr. Wright was with them, that was the reason I bought it, or else I never buy any thing at the door without I know the people.
Q. What did Brown say? - He never said a word.
Q. To whom was the money paid to? - To Vandome. I did not know it was stole, I hung it out at the door for almost three weeks.
Mr. Knowlys. I am for Brown. Your husband, Mr. Ferris, is a person employed in the police office? - He is.
Q. Therefore one would think that would be the last shop that a thief would take goods to, to the very thief taker's shop. When Wright came with the two people you knew him? - I did.
Q.Vandome brought the glass? - He did, and Brown only came with him, but said nothing.
Mr. Raine. I understand you to say that Vandome said that he had some liquor, and that he must part with the glass? - Yes.
I am an officer belonging to the police office, Whitechapel. On Thursday the 16th of January I received an information from John Dorset, that his house was broke open on Christmas Day, at night, and robbed of a large looking glass, afterwards I went with John Dorset to a broker's shop in Long-alley, where he said he saw his glass hanging at the door, he said he had been the day before to cheapen it, to get inspection of it; I went and asked Mrs. Ferris for the glass, she told me it was in the house, I went into a house and saw it, and she gave me this glass, which Dorset said was his property. I have kept the glass ever since; I brought Wright and the glass to the office, and Mrs. Ferris.
Q. How came you to take up Wright? - Because he ascertained that these two men came honestly by this glass, to Mrs. Ferris.
Q. How came you to get at Wright? - Mrs. Ferris informed me; when I took Wright he told me that they brought the glass to him.
JOHN GRIFFITHS sworn.
I am an officer of Whitechapel office, on the 16th of January I received information of a house being entered, and robbed, I went and searched after Vandome and Brown the same day, I took them in Dyson-street, Brick-lane.
Q. In the same house? - No, I took Vandome in his own house, and Brown at his father's, I was told so, I brought them both to the office; his father is a weaver; and Mrs. Ferris and Wright swore to them to be the men.
JOSEPH WRIGHT sworn.
I am a weaver, them two gentleman came to me, to ask me if I would buy a looking glass.
Q.Who do you mean by the two gentleman? - The two prisoners.
Q. When did they come to you? - Boxing day at night, the day after Christmas Day.
Q. What time of the day did they come to you? - I cannot say, I believe it might be about six o'clock at night; they asked me to go and sell the glass for them, as I told them I did not want to buy it, I took them to Mrs. Ferris's, I went along with them.
Q. Did you know Mrs. Ferris before that? - Yes, I live within two doors of her.
Q. What was her husband? - I don't know what he is, she sells coals, and keeps this broker's shop.
Q. Do you know whether he is an officer of the police? - Yes, I believe he is, I have heard so.
Q. Had you long known these people? - I had known one of them sometime; I had been drinking with them at a public house.
Q. Which of them did you know? - Vandome.
Q. When was you taken up? - The same day as they were, I was taken up before them.
Q. When was you taken up? - I believe it was a fortnight after the glass was sold.
Q. Who was you taken up by? - By an officer, I believe in court.
Coombes. I took him up.
Q. To Wright. What account did you give to Coombes of it? - I knew nothing at all about it, no more than I went with him to sell it.
Q. To coombes. Did he give you that account? - He did.
Mr. Knowlys. You say that Brown and Vandome came to you. Now Vandome was the man that had the glass; he was the man whom you told Mrs. Ferris was the owner of the glass; Brown never attempted to own the glass, excepting being in company with Vandomer? - No.
Mr. Raine. Did not you understand that Vandome was commissioned by one Garrett to sell this glass? - I heard something, but what I cannot say, I believe it was so, I will not positively say what his name was, I heard him say it was not his, afterwards.
Q. That he had it of Garrett? - I believe it was so.
I am a dealer, I attend sales, and buy of pawnbrokers, I sold Dorset the glass, it may be a fortnight or three weeks before it was lost, I cannot justly say.
Q. Is that the glass that you sold him? - I believe it is.
Prosecutor. It is very much like the one I lost.
Q. Can you swear to it? - I cannot, when I bought it the bird was on it.
Both Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
JAMES GRIFFIN was indicted for stealing, on the 11th of February , a man's hat, value 10s. the goods of Daniel Cully .
I am a coachman , I lost a hat the 11th of this month, at the Hope, facing the King's Mews ; I was sitting eating my dinner, this man came and had a pint of beer, as soon as I had done my dinner. I missed my hat, I had put it at the corner of the door in the parlour; I enquired to know who had been there? the landlady she knew this person, and where he lived, I went to his master, in St. James's market, and he gave me information where he lodged, I went there, and he was not at home, when I went home I acquainted the constable, and the man where he lived came and told me he was come home; I went there with the constable, and the constable made him open the door, and when we came in we see the hat concealed in the closet; this is the hat.
WILLIAM HYDE sworn.
I am a constable. On the 11th of February I was sent for by Mr. Cully, to go and take the prisoner, I understood that he was at No. 3, laze-buildings, I went to No. 3, there, he was locked up, I desired him to open the door, and he opened the door, and there I found the hat in a closet.
Prisoner. I went with a friend to a public house in Charing-Cross, and was very much in liquor, and I went to sleep, and when it was time to go home he awaked me, and put this hat on my head, and bid me come along, and I went with him, not knowing but it was my own hat. I should have employed counsel if I had had more time, and I should have had witnesses here in the evening.
GUILTY . (Aged 23.)
Publickly Whipped .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
165. NATHANIEL HARDIMAN was indicted for stealing, on the 30th of January , a cloth waistcoat, value 4s. a kerseymere waistcoat, value 4s. a kerseymere pair of breeches, value 6s. a pair of linen towels, value 1s. the goods of Charles Bignell .
CHARLES BIGNELL sworn.
- BIGNELL sworn.
On the 3d of January (I am a washerwoman) I was hanging these things on the line in a passage, opposite the front kitchen door.
Q. Had they all been washed? - Yes.
Q.What time had you seen them there? - Four o'clock in the afternoon, I had not been gone up ten minutes, before the person who lodges in my front parlour, heard somebody stumble up stairs, and I had an alarm from Elizabeth Watson , and she went to see who it was.
Q. Did you do any thing? - She called to me, and asked me if I had taken my things off the line? I said no. She was at the door.
Q. When did you see your things again? - In about an hour afterwards. I heard the prisoner come into my house before Mrs. Watson called to me.
Q. You saw nobody go out of the house, or the things? - No.
Q. When was it you saw the things again? - It was not half an hour before I saw the things.
Q. Did he bring the prisoner back with the things? - Yes, in about half an hour.
Q. All the things were taken off the line? - Yes.
Q. They were the things brought back that you missed? - They were, they are here.
I heard a stumbling on the stairs, and immediately I run out of my own apartment, and saw a stranger on the stairs, and followed him to the kitchen door.
Q.Had he any thing with him? - Not that I observed, he had an apron on, folded up, a blue apron, I went up immediately to the door after him, I followed him up the stairs, I was below stairs, he went about twenty yards very gently, and then he took to running; I called to the coachman that lived quite opposite,( Richard Purton ) I called to him, and asked him if he knew the fellow that went out? he said no; I went back and asked the gentlewoman if she had taken the things off the line? she said no, and I called to the coachman to pursue him.
Q. Did you go with him? - I did not.
Q. Did you see him apprehend the prisoner? - I did not see him take him, but I him bring him back to the house.
Q.Was that person that was brought back, the same person that you saw on the stairs? - I did not see his face when he went out, but when he came back the clothes were brought back with the man.
The last witness gave me an alarm, I see the prisoner come out of the house, I pursued him, he walked about ten or twenty yards, and then he set off a running, I laid hold of him, but before I laid hold of him, I went over to the house from my stable, and hearing the things were gone, I set off after him, up into Park-lane, and there I saw him in Park-lane, just as I first saw him he looked about, whether he saw me I cannot say, but he set off again running, and turned up Brook-street; there were a quantity of people that he had just passed, when I first saw him I did not halloo to any of these men, because I knew there was no turning that he could turn into, that I could miss him, because I thought he should not throw the property away, that I might catch him with it, then I catched him in Brook-street, and brought him back to the house.
Mrs. Bignell. They are Ralph Woodford's, I wash for him, the others are a gentleman's servant, I am sure they are the same things I lost.
Prisoner. I was going down to Pimlico after some grains for my master, as I was going down Park-lane I saw a man throw these things down, and he told me to take them up, and I jumped up and took him, and called that man to take them, and ran after him to take him, and that gentleman there ran after me, and took me.
GUILTY . (Aged 14.)
BENJAMIN JACKSON was indicted for stealing, on the 22d of January , three linen shirts, value 13s. a pair of cotton stockings, value 1s. the goods of Thomas Withers .
Mrs. WITHERS sworn.
I am a married woman, my husband's name is Thomas. I did not lose my property, I have got it again, it was taken the 22d of January.
Q. What was taken? - Three linen shirts, and a pair of stockings, they were taken off the line, the line was cut.
Q. Did you see them taken? - I did not.
Q. How soon did you discover they were taken away? - In a quarter of an hour, they had not been out more than that, it was between one and two o'clock when they were taken.
Q. How soon after they were taken away did you get them back again? - They were not carried off the premises, with the alarm they were dropped in the garden; I never see him till he was brought back again, I am certain they were my property.
I saw the lad go into the garden, and I saw him cut the line in three places, and he was going to take the property away, and he saw me coming across the field, and he dropped them in the garden to make his escape, he had removed them better then further from you to me, I took the boy, and that is the boy.
Q. Did you know any thing of him before? - No.
Prisoner. I was going along, and there were three young men met me, and they told me to go and cut the line for them, and they would give me six-pence when I came back, accordingly I went as they asked me.
GUILTY . (Aged 13.)
Tried by the second Middlesex Jury before Mr. Justice BULLER.
I live in Butcher-row, Temple-bar. I am an engraver , this here woman picked my pocket of nine shillings, I met with her on returning home the 21st of January, from the Westminster coffee house, I met her at the top of Buckingham-court , she caught hold of my arm, and begged of me very hard to give her a penny, on which I unbuttoned my great coat, and I said I don't know whether I have any halfpence, and I went to feel, I was not certain; on which by putting my hand into my waistcoat pocket, she claps her hand on my breeches pocket, in which was three guineas; on which I found two farthings and a halfpenny, and was going to give them her, and she put her hand into my pocket and turned it out.
Q. When was it you found her attempting your pocket, before you gave her the halfpence, or after? - Before, I told her to keep her hands off, when I felt her hands on my pocket.
Q. When you gave her this copper what then? - She tusled her hand under my waistcoat pocket in a minute, and turned out nine shillings, at the same time as I was giving her the copper; this was in the public street, and not in the court, on the top of the court; the lining of my pocket was turned up.
Q. What did the money tumble down, or how? - Upon my word I cannot be certain, but the money was gone.
Q. Then you did not see it in her hand? - No, I did not.
Q. Nor see it fall? - I did not, but her hand was put to my pocket, and I heard the silver rattle, but I see nothing of it.
Q. On missing the silver what did you say or do? - I charged her with picking my pocket of nine shillings.
Q. How do you know there was nine shillings in your pocket at that time? - I had changed at the coffee house, half a guinea, and had nine shillings in change, and put it into my pocket.
Q. On your charging her with picking your pocket of nine shillings, what did she say, or do? - There was no further conversation passed then but what I have mentioned; then I laid hold of her, and gave charge of her into the watchman, or patrole's hands, she tried to rescue herself from me, but I never quitted her till I gave charge.
Q. Where was she taken to? - To St. Martin's watch-house, she was searched there, and three half crowas were found on her, and two shillings and six-pence in silver.
Q. What pieces of money was your nine shillings composed of? - Two half crowns and four shillings, I am sure of that.
Q. Then there was one half crown piece more than you lost? - Yes, there was.
Q. She had no six-pence of your's? - No, not to the best of my recollection.
Q. What did you mean to give her? - Only the copper, no more.
Q. What was done on finding this? - She went to push some money in the watchman's hands, I did not see this, but the watchman says she did.
Q. Was she ever carefully searched? - I don't know that, the person is here who searched her.
Prisoner. I was up in this court, and he came up to me, and said, will you have a glass my girl? and he went to haul me about, and I would not be hauled about by him.
Prosecutor. There was no sort of familiarity passed, I proposed nothing to her.
I am a watchman, belonging to the parish of St. Martin's in the Fields, and my watch beat is down Spring-gardens, this happened the 21st of January, just about half past eleven o'clock at night.
Court to Prosecutor. Was you quite sober? - Yes, I am sure I was.
Bamford. I had just called the half past eleven, and I had got into the watchbox, and the patrole came by and challenged me, and I gave him the answer, as soon as I gave him the answer, I heard a talking in Buckingham-court, between some parties.
Q. How far is your box from this court? - Quite at the corner. It was in the court, to the best of my remembrance, when I heard it, as soon as I heard that, I was endeavouring to stir out to see what was the matter, and in almost momentarily they came up to the box, and the prisoner at the bar, called out patrole; she was coming out of the court, and she told me that there was a gentleman threatened to knock her brains out.
Q. Did you see any body near her at the time? - Not till they both came up to the patrole and me.
Q. How soon after this did you see the prosecutor? - They were both together in the court, or coming out of it, I did not see them till they came up to the box.
Q. Who was the first of them? - The woman was the first, and coming as from the court, it goes from Spring-garden Mows into Parliament-street, just by the Admiralty, they were coming from Parliament-street way, through the court into the Mews, my box is on the Mews side; it was all peaceable and quiet five minutes before.
Q.Did she say what she offered you the half crown for? - Not at all; I told her I dare not do any such thing, nor I would not; then the man came and told me that she had robbed him; says I, you must charge her with it, and he did, and I and the patrole took her to the watch-house.
Q. Was you present when she was searched there? - Yes, she pulled the money out of her pocket herself.
Q. What did she pull out? - I cannot charge my memory, I believe about ten shillings, it was what she herself produced.
THOMAS HUMPHRIES sworn.
I am one of the beadles of St. Martin's in the Field; I was on duty that night, between eleven and twelve o'clock on the 21st of January last, the prosecutor and the watchman brought the prisoner at the bar into the watch-house, the prosecutor said he was robbed of nine shillings; I said, my good woman, you must be searched, I was approaching to search her, and she said I will pull out all I have got, and she throwed out three half crowns, two shillings and six-pence, and four-pence in copper, three-pence halfpenny and two farthings, I searched the outside of her pocket, and there was nothing else in her pocket.
Q. Did she undergo any further search? - No.
Q.Did any thing more pass? - The charge was taken, and she was committed to person the next day.
Prisoner. I told them I had eleven shillings all but two pence, in my pocket. This gentleman as I was coming across Buckingham-court met me; and as he met me I heard a noise of some woman, in this said court; with that I went down, and this man, the prosecutor, catched hold of me, and in catching hold of me, I said, what do you want? says he, will you have a glass of any thing? and I said, yes, if you please, then with that he gave me a penny, after he gave me this penny he wanted to be very bad with me indeed, and I would not consent to it, and after that he asked me how far I was going? I told him I was going into the Strand, to pay some money away; as I came out he said he would give me an unlucky blow, that he would make me call the watchman to him, I called the watchman and the patrole, and the watchman came out of his box directly; says I, I will give you something if you will not let this man meddle with me, and after that then the watchman he came out, and behaved very civil indeed, and after that this man charged me for a robbery, I knowed myself very innocent; the watchman said you must go up to the watch-house; I said I will go up with you. I had been working for a person that keeps a chandler's shop in Westminster, one Mr. Burrows, and his wife paid me five shillings for washing, that very day.
Not GUILTY ,
Tried by the second Middlesex Jury before Mr. Earon THOMPSON.
Mr. Prater sent to me to take this prisoner to the watch-house, after he was taken, and desired me to take care of this cloth, and I have kept it ever since.
Prisoner. I was going down Charing-Cross to my sister's, I was walking along, and there was a man ran past me, and dropped this, and I picked it up, and had it in my hand, and that gentleman came and took me, and said, that property is mine, and I delivered it to the gentleman directly.
GUILTY . (Aged 18.)
Tried by the second Middlesex Jury before Mr. Justice BULLER.
I live at Chelsea . On Wednesday night, the 5th of this month I lost a table cloth and a child's frock; I was informed by Mrs. Jones that two jack-ass boy s were got on the wall, and taking some linen off the lines, I immediately pursued, and went down as far as the Union coffee house, where I was enquiring of an old man if he saw such men running along; Mr. Hornsby told me that these two men I was enquiring for had just gone over the bridge, and we went after them, and came up to the prisoner, and Mr. Hornsby said this is one that came out of the Ranelagh-walk, we secured the prisoner, and after that we got a candle and lanthorn and looked for the linen, and there we see a table cloth, behind a tree that he had ran behind; I did not see him in my premises at all; nor did I know what was gone till I came back again, when I came back again I saw what was gone.
About half past five on Wednesday evening, I saw two men coming along by the Royal George, at the back of Mr. Anderson's garden, the prisoner at the bar went down to the corner of the wall, and looked down after some clothes, but there being a girl in the garden he came back again, and he went up towards Sloan-square, and towards Knights-bridge; about three quarters of an hour after I was going to water a horse, and a man in a white jacket was running down the town, and my brother that was along with me said, that man in a white jacket is one that was going into the garden we pursued him, and went down the Ranelagh-walk before him, and we saw he had nothing, and the other he came past with nothing, whistling; after we had past the one, Mr. Anderson came by, and asked if we saw any body go by that way? I told him what I saw, and went with him, and overtook the prisoner, and took him into custody, and took him across the bridge, which they call Genevin's-bridge.
Q. Which of them was it that you saw first go into the garden when they came back again? - Ford.
Prisoner. I had been at Kingston along with my master.
ELIZABETH - sworn.
I saw the prisoner come from the wall, with the table cloth in his hand.
Q. Did he get over the wall? - No, he did not, he stood on a water butt stand, that stands by the wall, this was between the hours of six and seven; coming from the wall he dropped it, and picked it up again, and walked away, I went out to the gate after him, and told my master of it, and he went and acquainted Mr. Anderson of it (Mr. Jones is my master)
Q. How old are you? - I am going of ten, I shall be ten next June, I was born in the country, at Manchester.
Q. How came you up to Chelsea? - My mother was sent for up.
Q. What do you do at home? - Nothing.
Q. Do you go to school? - No.
Q. Can you read? - Yes.
Q. Do you go to church? - Yes.
Q.Suppose you take an oath, do you know what that is for? - Yes, if I tell a lie I shall go to the Devil.
I went into the public house, to order a pot of beer, and I saw two men standing up against the butt, and I went and told Mr. Jones that there were two jack ass drivers in the yard, and Mr. Jones went out to the front door, and said it may be they are gardeners, then I and that young woman came out of the back door, and directly as we came out the prisoner at the bar had took a table cloth, and jumped off the wall, and dropped it, and picked it up again, and went away.
Q. Was the prisoner one of the men that you saw standing on the butts before? - Yes, he was standing against the water butt, making sham to make water, and he was not.
Q. Did he run away or walk away? - He run away across the road.
Prisoner. I had been to Kingston along with my master, and I left Kingston about two o'clock, and coming to Wandsworth we stopped to have a pint of beer, and my master went home with the cart and horse without me, and I was running through Battersea and Chelsea, to make the best of my way home, for fear I should be scolded for staying, and these men overtook me on the bridge, and they were talking one to another; I did not see him says one; at last they said to me you must go along with me; I said where? they said O, not far; says I what am I to go along with you for? they said come along with me, and I will tell you what it is for; says they you may as well go along with me; says I, I will, for I am not afraid of any thing; and they wanted to find a knife, and they could not, and they wanted me to go for a soldier; and I said I have got a good master, if I went for a soldier I should loose a a good place, and I did not like to leave it; and they said one to another are you sure it is him? one said I think it is him by his coat. Then the constable came, and the woman gave charge of
GUILTY . (Aged 19.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON.
I am a day labouring man , I have a little house just below Highgate , where my goods were stole, I lost a blanket the 20th of January last; I took in this poor girl out of the street, for pity, and let her lay with my children.
Q. How long had she been in your house? - About two months before this happened. I stayed out rather latish one night about ten o'clock, and my wife was along with me, and she took it off the bed, when I went home my little child cried, and said Kit had taken the blanket away from the bed, and gone.
Q. Had you left her in the house? - My wife did, I had been out all day.
Q. What time did you return? - Ten o'clock at night, as near as I can guess.
Q. Do you know of your own knowledge whether any blanket was missing on the bed? - Yes, there was.
Q. Had you more than one blanket on it? - No, only one.
Q. When did you next see the prisoner? - I sent out after her directly, and I heard by the watchman that she was gone down the road with the bundle under her arm; I set out after her between ten and eleven, I did not overtake her at all, I heard at Islington that they had taken her on suspicion, and had got her into the cage, and there I found her, the constable of the night had got the blanket, I saw it there at the watch-house.
I am a watchman of St. Mary Islington, it was rather better than a quarter after eleven, the 20th of January, at night, the prisoner came by with this bundle under her arm at the front of Islington church, I watch there, I stopped her and asked her what she had got under her arm? she said an old blanket her father had given to her, I never see her before, I stopped her merely on having a bundle at that time of the night, I stopped her on suspicion as we always do, I asked her who her father was? she said Samuel Hillier of Holloway, don't you know him? I told her I did not know the man, that she must go to the watch-house. I took her there and blanket and all; I have got the blanket here, it was tied up in this black handkerchief just as it is.
Hillier. I know it is my blanket, I have no marks on it, I can swear to it, it is a very good one.
Q. Is the prisoner any relation of your's? - No, she made an abode there because she was out of work, and I let her lodge with my children out of pity; she continued with me a short time about two months.
Prisoner. I was very much distressed, and one and another snapped on me and I
GUILTY . (Aged 21.)
Imprisoned six months in the House of Correction and fined 1s .
171. JOHN JELLISON and THOMAS BELLAMY were indicted for stealing, on the 8th of February , 17000 needles, value 3l. 30000 pins, value 2l. four pounds weight of pound pins, value 8s. the goods of Richard Coucher and John Finch in their dwelling house .
(The case opened by Mr. Knapp.)
Q. Do you remember packing up any pins on the 7th of February? - On the 7th of February in the morning there came two foreigners to our house to buy some pins and needles by way of a sample, and I looked out seventeen thousand needles, and a quantity of pins, two half dozen of full whites, two packets of flat heads, a dozen of three and a half middlings, one dozen of best middlings; I see the goods packed, I was by all the time they were packed about nine o'clock on Friday morning, that was the same morning the foreigners had bought them.
Q. Is the person here that put them in? - No, I see them packed in a parcel, they were in different parcels each separate and then packed together in one paper parcel, then they were deposited in a place in the shop, I saw them, they ordered them to go on Saturday morning at half past eight o'clock to Angel-inn, Angel-street, room 25. Mr. Dupont, the foreigner, ordered them, this was the next day. I saw them put bye, in a window behind the door of the shop.
Q. How late had you seen them on the 7th of February? - I did not see them after they were put there, about ten o'clock on Friday morning. On Saturday morning at half past eight o'clock, I ordered the porter to take them.
Q. Is your masters a wholesale or a retail shop? - Both.
Q. Did you go to see whether they were missing? - I did and I found them missing, then I acquainted Mr. Finch of it, and he looked for them and could not find them.
Q. Have you seen these Needles and pins since? - Yes.
Q.In whose possession are they now? - In Nowland's, the officer's possession.
Q. Was you able to know them to be your property? - Yes.
Q. Did you see any thing of them before they were in Nowland's possession? - No, I did not.
Q. When you saw them in Nowland's possession, was you able to identify them as your masters property? - I was
Q. You was not present at the apprehension of either of the prisoners? - No, I was not.
Q. Did you know either of the prisoners before? - No; when I came before the justice, I went along with the police officer to Whitechapel, there I saw the two prisoners, and Jellison said that he had bought them at our house a month ago.
Mr. Knowlys. I am counsel for Jellison.
Q. Is there any other shopman of your shop here to day? - No.
Q. You did not see the parcel after ten that day? - No, I did not.
Q. You did not see it in the evening of that day? - I did not look for it.
Q. This parcel was put on a window behind the shop door? - It was.
Q. That is within the view of all the persons who are serving in the shop? - No, it is not, because the door stands against it, the door stands open and that blocks the window up, there is a brass grating which secures the window from any person without.
Q. So that any person could not have taken it from the street? - No, they could not, there was no glass broke.
Q. Even if they had broke in the glass they could not get it through the wire? - They could not.
Q. How near is this to the counter where you served? - The space of a yard and a half I suppose.
Q. Had you any workmen employed about your house that day? - O! yes, several.
Q. That was what I wanted to know, I believe suspicion fell on some of the workmen of the house? - No, I did not entertain an idea of it.
Q. Was there no suspicion mentioned in the house that it was probably done by some of the workmen in the house? was not it talked of? - It was talked of.
Q. That was what I wanted to know; How soon do you shut up shop? - At eight o'clock in the evening.
Q. How many workmen were there in the house? - I cannot say, seven or eight, or ten, perhaps more than that, they are not in the house, they come in and out of the shop.
Q. This man you never saw in the shop? - No.
Mr. Knapp. Then whoever committed this robbery must have come into the house? - Certainly.
Q. Pray is there no private door to your house? - None.
Q. Which of them lives in the house? - John Finch only.
I am in partnership with Mr. Coucher.
Q. Was you so on the 7th of February? - I was.
Q.Who lives in this house? - I do.
Q. Who pays the rent of the house? - We jointly pay for it together.
Q. Then the rent and the taxes are both paid out of the partnership account? - It is.
I am an officer belonging to the police of Whitechapel. In consequence of information on the 8th of February, I went to Jellison's house, when I first went there it was about six o'clock in the morning.
Q. Where did Jellison live? - In Winfield-court, Winfield-street, Spitalfields.
Q. How do you know it to be Jellison's house? - I knew him to have lived there sometime.
Q. When you went there what did you observe? - I watched there till about seven o'clock.
Q. Was Jellison at home when you went? - He was not at home when I went into the house; at seven o'clock I
Q. Where these quantity of pins wrapped up in the blue apron in paper parcels? - Yes, they were in separate papers not loose, I asked him what they were? he told me pins, I asked him how he came by them? he told me he bought part at the foot of London-bridge, and part in Cannon-street; I asked him what quantity there were? he said twelve thousand, speaking of both the pins and needles. I asked him how long since he had bought them? he told me three or four weeks; I searched his pockets and found some papers of pins and needles. Bellamy was there, I asked him who Bellamy was? he was there when I first went in.
Q. Did Bellamy go up stairs with you? - No.
Q. Was it after you found the things or before that you asked him who Bellamy was? - After I had found the things.
Q. What answer did he give you to that? - He told me he was a watchman in the City; I searched Bellamy's pocket, I found nothing in his pocket, Jellison begged I would not meddle with Bellamy, he told me he would take all on himself if there was any thing wrong in his house. I told him I thought it proper to take Bellamy and him before the magistrate; in consequence of which I did take them both before the magistrate and they were committed.
Q. Did you find any more pins in that house? - There were some more found in the afternoon, but I was not there.
Mr. Knowlys. You was examined before the magistrate, was not you? - Yes.
Q. There you related all that you have told us? - Yes.
Q. You related this conversation that passed between Jellison and you; "how long he had bought them, and where he had bought them," it was read over to you? - It was.
Q. It is a little unfortunate here that there is nothing of this, that you have said Jellison said to you, in it? - I told the clerk what he told me.
Q. When the clerk read it over to you, you said, why here you have made a great mistake? - The clerk puts down what is material.
Q. Did not you tell the clerk, it is very strange that you have just omitted this account that I have just sworn to? Did you swear before the magistrate that Jellison gave this account of the things? - Yes, according to the examination I did.
Q. Did you before the magistrate swear that Jellison told you that he bought part at London-bridge, and part in Cannon-street? - I did, but the clerk does not put down all the things that are mentioned.
Q. Do you happen to know that Bellamy came into the house to bargain for a pig's head? - He told the magistrate so.
Q. You don't know that of your own knowledge? - I do not.
Court. What is Jellison's business, a butter shop or something of that kind? - It is a house for receiving stolen goods.
Prisoner Jellison. Ask him whether he did not turn the bed and bedstead up, when he went up stairs with me? - I did part of it.
Q. Did not you ask me in the office where they came from? now if I had told you in the house where they came from what business had you to ask me in the office? - I did not ask you in the office.
I am a police officer, I went to Jellison's house with Nowland, and was informed that some stolen goods had been carried in there; in a closet I see a quantity of needles, I believe it is a closet, it was at the right hand going at the door, I stood inside of the door while he searched the house.
Q. Did you go up with Nowland? - I did not. Part of the pins were in a blue apron laying on the table on the left hand door, I see them in the apron; after that Bellamy being in the house with him we took Bellamy into custody, and brought them both to the magistrate.
Q. Did you see Bellamy searched? - Yes, did.
Q. Was any thing found upon him? - Not in that house to my knowledge.
Q. Did you afterwards go any where to Bellamy's house? - I did, I was informed where he lived, I went with Hanson there, I did not know it was his house of my own knowledge; it is in Blue Anchor-court, or yard, Rosemary-lane.
Q. What did you find there? - I see Hanson with a paper of Needles I believe.
Q. Did you find any thing else there? - Nothing more.
Q. What did you do with these needles? - We brought them along to the magistrate.
Q. Bellamy was not with you at this time? - He was not. When we went into the court the neighbours told us which was Bellamy's house. When the needles were brought to the magistrate they were owned by Mr. Finch, he was there.
Q. Did you hear Bellamy say any thing about his house? - No, never.
Q. Is there any other witness that knows it to be Bellamy's house? - Not as I know of his own knowledge.
I am an officer belonging to the police, Whitechapel.
Q. Did you go with Griffiths to an house in Blue Anchor-court, or yard? - Yes.
Q. Did you know whose house it was? - Bellamy's house, he told me himself, he told me in the first place that he lived at No. 19, Rosemary-lane, at a public house, I went and that was not the house, I came back and asked him how he came to tell me wrong? and he told me it was No. 19, Blue Anchor-yard, then I went to No. 19, Blue Anchor yard, it comes into Rosemary-lane. I searched his apart
Q. You went into that room where Bellamy was wrote on the door? - Yes, I did.
Q. What did you find there? - I found these needles in a box in the room.
Jury. Did you find any more than that parcel? - No. When I shewed them to the prosecutor he said he had lost a large quantity of the same kind as those; it is a very small quantity not above two or three.
Q. Did you find any thing else? - No. thing else.
Q. You went back and took these to the magistrate? - I did, and they were committed.
Q. The prosecutor can speak to these needles? - He said he had lost a large quantity of needles of the same mark as on that paper.
Mr. Raine. The direction Bellamy gave you was No. 19, Rosemary-lane? - It was.
Q. And you afterwards found his house was No. 19, Blue Anchor-yard, Rosemary-lane? - It was.
Q. Do you know his wife was a quilter? - I don't know, there was some such thing in the house as patch work.
Q. There was the appearance of needle work going forward? - There was.
Court to Hanson. Where were these needles laying? - In a box there was other clothes and some of this patch stuff in the box, it was a large clothes chest.
Court to Nowland. How came you to go to this house of Jellison's so early as six in the morning? - I received a general information against Jellison's house that some stolen goods had gone in there.
Mr. Knowlys. You looked on Jellison as a since, as a receiver of stolen goods? - I did.
Fincb. I can identify one of the parcels as being one sold to the foreigners that morning, it is one of the pockets of flat head pins. I happened to be standing by while the foreigners were choosing there articles, and I saw one of them mark this parcel. Here is a box of Needles which I had out of the country, I know it by the word Milliner being wrote on this side, it is to mention that they are for the milliners use; they came up so marked in this way; that box had not been opened till these foreigners came on that morning, so that I could have sold none of that parcel, I am sure that these needles are the only parcels that have been sold out of that box, I have the remainder now.
Q. What is your belief of all the rest? - I believe they are all the same parcel as sold to the foreigners, the flat heads and these needles, I am perfectly confident of; in consequence of having lost this parcel, I went into my counting house to look over the remainder of my stock of needles, which I very well recollected, that parcel which I missed was marked to the best of my recollection as near to this as could be, but that was no part of the things sold to the foreigners.
Prisoner Jellison. I have one thing to ask; who produced that paper of pins, which he swears so positively to the mark? they were not brought in till the second hearing.
Nowland. They all came out of Jellison's house.
Hanson. I found this small parcel in Jellison's house, in the evening, at the
Q. When was it you went a second time to this house? - About six o'clock on Saturday evening.
Q. Had you found any needles and pins there before? - I had not been in Jellison's house.
Court to Nowland. You have stated that you went up stairs, and Jellison with you, that you searched up stairs, and found nothing, and then came down again. Was that in the morning or evening? - Morning.
Q. You never mentioned a word of your having gone a second time? - I did not go, Hanson went.
Court to Hanson. You said nothing in your exnmination about being to Jellison's? - I thought the counsel was instructed, and he would ask me the question. I went to Jellison's about six o'clock, and I found this parcel of flat head pins, and another parcel; I rolled the bed up, and between the sacking I found these quantity of pins; I took them to the office.
Prisoner Jellison. The witness before has sworn that he looked at my premises, and saw nothing, and there was no such thing present; from that moment I was taken into custody he never let me go; these were never brought against me for three days afterwards.
The prisoner Jellison called Sarah Monday who deposed she knew him.
Of stealing but not in the dwelling house.(Aged 33.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON.
172. WILLIAM MAC DANIEL was indicted for stealing, on the 13th of September , twenty-four printed bound books, value 1l. 16s. the goods of John Cadwallader Parker , and nine pair of men's leather shoes, value 9s. the goods of Thomas Parker .
This robbery has been committed two years ago, in the year 1791 .
Q. Where did you live then? - In Chancery-lane ; I am an attorney . In September 1790, I took this young man as a writing clerk , during my absence in the country, while I was there I received a letter that he was gone, and I came to town, when I came to town I found all the drawers had been unlocked, and the things gone; I went to the public office in Bow-street, and told them my loss; I lost a vast number of wearing apparel, in consequence of the same, and in going about, some pawnbrokers sent me word of some books and shoes, and I discovered they were mins; they were my brother's books, James Cadwallader Barker; the shoes were a sample going to the Mediterranean, and they are gone to the Mediterranean since. I am enabled to identify the books, because there was some writing in them, they are here.
WILLIAM - sworn.
Between the 11th of September 1790, to the 1st of September 1791, all the books were pledged by the prisoner at the bar; the first was the 11th of September 1790, a small book, pledged for one shilling, the next was one on December the 17th, for one shilling and seven-pence, the next the 18th of January 1791, the next the 25th of January.
Q. Were any pledged about September 1791? - The last book was pledged the 5th of August, there was nothing pledged on that day, but the shoes.
GUILTY . (Aged 24.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
I am a baker ; I live in Church-street, St. Matthew's, Bethnal Green; the prisoner was brought to my house on Saturday last, by Mangs, who detected him in stealing the bread out of his basket, in Brown's-lane, Spitalfields , my servant was carrying of it.
I am a baker; I am a servant to Mr. Stebbing's, Dorset-street; I was serving my master's customers in Brown's-lane, Spitalfields, Saturday last, and I saw a basket turned down, a baker's basket, in Brown's-lane, with the face against the wall, I see a man standing by it, he did not appear like a baker, I had some suspicion; in the space of a minute or two I see him pull the basket on one side, and take out of the basket one half peck, and a quartern, two loaves, he had a sack at his back at the same time, that had bread in it; he took them under his arm, and walked away, he walked a hundred yards, and I stopped him with it; I followed him, I asked him where he was going with that bread? he said what was that to me; I told him I did not think that he had any right to take it; he said yes, he had; says I if you have it is all very well, but I don't think you have, therefore I shall detain you on suspicion; and he came back with me to the basket, and he went to put it into the basket; no, fays I, we will stop here till the man comes who belongs to the basket; he said he should not stop, I insisted on stopping him, I detained him myself, and while I was detaining of him the owner came up, his name is Flashman. First of all I asked the prisoner if he knew the basket; he said he did.
Q. Was the prisoner the man that you have been speaking of all this time? - Yes, Then I asked him do you know the man belonging to the basket? he said he did; says I, tell me who he is, perhaps I may know him; he said he should not tell without he liked; says I, what is the objection, if you are right you may as well tell me as not; says he it is George, at Mr. Lawson's, Bishopsgate-street; very well says I, if it is Mr. Lawson's, Bishopsgate-street, it is all very well. I kept him there till this man came to the basket, when he came up to the basket I asked him if he was Mr. Lawson's man? he said no; says I do you know this man; says he I don't know him; he owned the basket, and the bread, and the prisoner was secured; I asked him where he lived? he said in Church-street, Bethnal Green.
Prisoner. Ask him wheather I had any bread in the bag or not, and whether I had forsook the basket or not when he detained me? - He had.
- FLASHMAN sworn.
I am a servant to Mr. Renvoize.
Q. Was you out with the bread this day? - Yes.
Q. On Saturday last where had you left your basket? - In Brown's lane.
Q. Why did you leave it there? - I went down to Duke-street with bread out of it.
Q. Is that your usual way of leaving it? - Yes.
Q. How long was you absent before you heard any thing? - About a quarter of an hour, I took bread out for four customers, and one customer detained me out long.
Q. When you came back what did you see? - This young man asked me if the basket was mine? I says, yes.
Q. Did Mangs shew you any bread? - He shewed me a quartern, and a half peck.
Q. Did you know that bread? - Yes.
Q. Was there any marks on it? - Yes.
Q. Was it part of the bread that you had in your basket? - Yes.
Q.Was it your master's bread? - Yes.
Q. How many more loaves had you in this basket? - Seventeen.
Prisoner. Ask him whether he owned the bread when he first come to the basket? - Yes. I did.
Prisoner. I had been to by some bread, being Saturday, I went to buy what would serve me nearly the week, I paid a shilling and a halfpenny for five three-penny stale loaves, coming along this place I made rather a stumble, and stumbled against this basket, these two loaves were on the top of the basket, and they fell down, and this man came by, and wanted me to pick up the bread, and I picked up the bread, and laid it on the basket, and he said now I will stop you till the man comes, who owns the basket; and the officer that took me I took him to Smith's, of whom I bought the bread, and he owned that I bought the five loaves of him, before the officer; the man was here yesterday, but God knows whether he is now here or no.
GUILTY . (Aged 46.)
Publickly Whipped .
I am in the law, my wife keeps a milliner's shop, she lost some goods the 5th of February, a piece of black lace, I know a piece was lost, but how I cannot tell, I have seen it since, but I don't know it.
ABIGAL MORRATT sworn.
I am the wife of the last witness, I lost some black lace, the 5th of February, about a quarter after four in the afternoon, the piece contained twenty-four yards and three quarters.
Q. Where was it taken from? - The window.
Q. Did you see any body take it? - No, I was in my shop about four o'clock, shutting the door after my husband, about ten minutes after there was a person in my shop, I went out and there was only one card in the window, in ten minutes before there were two; I immediately sent for my husband from the office that he was at, informing him of it; he sent and gave information to Bow-street, and then the lace was stop
Q. Do you know that lace? - I do, but I cannot so well swear to it as the gentleman Mr. Charlesworth, that is now present, that I bought it of that very morning.
- CHARLESWORTH sworn.
This was my lace, that morning I sold it to the lady.
The prisoners at the bar came to Mr. Wooding's shop, as near as can be at five o'clock in the afternoon, and this lace was offered by them to pledge, I thought it was not theirs, in consequence of which I sent to Bow-street for an offacer, to take them into custody, and they were taken immediately; that is the lace which they brought.
Mr. Knowlys. Was not Currie the person that had possession of the lace? - I cannot positively swear.
Q. On your oath was not Currie the man who asked you what you would give for it? - I believe it was, but they both came together.
Q. Was it not Currie who all along treated with you as the owner of the lace? - I believe it was.
Q. You often have persons come into your shop together, one as the owner of the goods, and the other as a companion? - Surely so.
Prisoner White I was going home about five o'clock, and I met the prisoner Currie, and I accompanied him innocently into the shop; I know nothing of the lace, nor had nothing to do with it.
Prisoner Currie. I went on some business to Bedfordbury, on my returning to the borough I picked up this lace at the corner of New-street, Covent-garden, wrapped up in a piece of paper.
The prisoner White called five witnesses who gave him a very good charaster.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
I am a servant to my Lord Tankerville, my Lord lost an ass and foal last Wednesday or Thursday morning, they were taken away from very nigh the house, in Walton upon Thames, in Surry ; they were taken out of a field, I saw them Saturday the 10th, when my Lord and family left the place, I never see it after the 10th; on Saturday following, the 15th, my Lord sent for me, he has a large garden the other side of Paddington, about two hundred yards, the servant was waiting there, and saw two women coming with the ass and soal, my Lord sent to me to look at the ass, to know whether I knowed it or not, and I am very certain it is my Lord's ass.
Q. Who had got the custody of the ass when you saw him? - This woman, the prisoner at the bar, was leading of it, and the other was leading of it with a bridle; when I came there I met them, the top of Seymour-street, my Lord stopped the ass himself, I was not there, my Lord sent for me to meet him.
Q. So it was some time before you saw it afterwards? - It was stopped about a quarter of an hour or twenty minutes; and the ass was my Lord's.
Q. Have you any reason to suppose that this woman took it? - Only by its
Prisoner. I was coming down below Harrow on the Hill ; I met this gipsy, I had a little lame horse, and they asked me whether I would chop this little lame horse for this ass? and I did; as I was coming along the high road the next day, there was a gentleman met me, and asked me whether I would fell this property? and he left me a card where to bring it. I never was in London before, they took me up at such a nonplus, and my husband being in the militia, that I don't know where to send to him. I have six small babies.
Not GUILTY .
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
176. WILLIAM SULLIVAN was indicted for stealing, on the 8th of February , a pair of leather breeches, value 10s. a pair of men's leather gloves, value 1s. one guinea and three half guineas , the goods and monies of John Dailey .
I am a private dragoon , of the ninth regiment of dragoons, laying in Dublin, in Ireland; I was robbed of these things between Friday the 7th, eleven o'clock, and Saturday morning; it was in Fleet-lane ; it had not been my lodgings, it was where I took up my lodgings for that night.
Q. Did you go with any company there? - I paid two shillings for the lodgings for the night, it was a private house.
Q.Whereabouts is this lodging house? - I cannot say to the number of the house, it is in Fleet-lane,
Q. In what room did you lodge? - cannot say how many pair of stairs of the house.
Q. Was you sober? - I had bee sober, I went to bed, and I doubled th breeches under my head, and laid in regimental coat on the bed, and this grea coat on the bed, and my hat on them the gloves lay in my regimental coat pocket.
Q. This guinea and three half guineas, where were they? - In the right hand sob of my leather breeches.
Q. You are sure that these breeches, with this money, was under your head? - Yes; when I awoke in the morning, it was between seven and eight in the morning, and I saw my regimentals tossed about the room, my hat in one place, one regimental coat in another place, and this great coat in another place; I just turned down the bed to see whether I had my breeches under my head, and I missed my breeches from under my head, directly I made a rout about my breeches; there was a woman sleeping in the same bed, it was her lodgings.
Q. Where did you get acquainted with this woman? - At the very next door, she carried me to this house, I knew nothing of the house myself.
Q. When you went to bed did the woman go to bed too? - Yes.
Q. Did she remain in bed as long as you remained awake? - She did.
Q. When you awoke was the woman in bed or was she gone? - She was in bed.
Q. Was there any body else in this room? - Yes, there was another woman in the room and in the same bed.
Q. Were they both there when you sell asleep? - Not before I fell asleep.
Q. When you awoke were both the women there? - They were.
Q. When you found you missed your breeches what did you say? - I told them no strangers could come into the room to take the breeches; they said stop, here for an hour and we will find the man that has took the breeches, I went to the next door without my small clothes, and the person there said, he would find a man that would find him directly, and the two women brought the prisoner at the bar and said that he took the breeches, they brought him before eleven o'clock, as we came down stairs out of the room after we had been and searched it with the constable; we met him and them just at the foot of the stairs coming up into the room, but I see none of my property taken from him.
Q. Did you ever see him in the room at all, or any where in that house where you slept? - I had not.
Q. Have you ever seen your breeches since, or your gloves? - I have seen the breeches, I got them the same day at Guildhall from the hands of the constable that took them, Dawson.
Q. That was the day after you was robbed? - I believe it was the very morning.
Q. How did you know that the breeches that you see at the magistrate's to be your's? - Yes, I knew them because I bought them in Ireland, and wore them in Ireland and brought them here.
Q. Have you tried them on since? - I have and they fit me the same.
Q.Besides that, is there any thing remarkable about them that you know them by? - There is a string cut off on the right knee, and a button broke on the left, and where I tore them on ship board.
Q. As for this money, when had you last seen this money? - About ten minutes before I went to bed, I put it into my pocket, I paid two shillings for the night's lodging out of it.
Q. Did you look at this gold at the time that you paid the two shillings for your lodgings? - Yes, about ten or fifteen minutes before.
Q. How came you to look at your money? - I got change for half a guinea then I put the silver into my sob; I saw it after I had been in company with these girls but not after I had been in the room.
Q. I want to know exactly when it was you saw this money before you went up into the room? - It was in the lobby, outside of their room door.
Q. Are you positive that you put it then into your fob? - I am.
Q. Did the girls see you put it into your fob? - No, they did not, for I denied that I had any gold with them, and left my furlow till the morning.
Q. Have you ever seen your gloves since? - Yes, at the same time that the breeches were seized, the gloves were seized, I see them at Guildhall.
Q. You had never seen this man before? - No.
Q. Do you live in Fleet-lane? - No. I know John Dailey the irishman.
Q. Where did you meet with him? - I never met with him at all; I was with this young woman two or three nights and I went to bed, and this young man and woman came to bed; I was not in bed when the gentleman came into the room, but I went to bed and I went to sleep before they came to bed, I never waked till morning.
Q.What happened when you awoke in the morning? - We were altogether, I don't know who awoke first.
Q. Did he tax you or the woman with having them? - No, he did not me, he accused the other young woman, Rebecca Taylor, with having them; this Rebecca Taylor said that she had a suspicion of this Sullivan taking them, and she asked me to go to this Sullivan's; I did not know that he had the breeches.
Q.What time did you go with her to Sullivan's? - About nine o'clock in the morning.
Q. Where did you two find the prisoner? - In White's-yard, Saffron-hill.
Q. What became of the prisoner, and you two? - He followed us as far as Fleet-lane, and came to Fleet-lane, and then Mr. Jostling took us.
Q. Was Dailey with the constable when the constable took you? - Yes.
Q. You went to bed first, did you see any breeches put under the bolster? - I was very heavy to sleep, and went to sleep directly.
Q. When the man came into the room he was dressed, was not he? - Yes, he was.
Q. Did he bring any other clothes with him, than what he came with? - No, no bundle at all.
Q. Who paid for the room? - There was nobody paid for the room at all, he gave two shillings for something to drink, but nothing for the room.
Q. Did you see the gloves there at all? - I never saw them till I saw them with the constable at Guildhall.
Q. Was he drunk or sober? - I cannot say, for I did not know him before, he appeared sober.
Q.Did you take him to your lodging? - Yes.
Q. Had he any bundle with him, or only his dress that he had on? - Only what he had on.
Q. When he went to bed what did he do with his breeches? - He said he put them under his head, I did not see him, I went down stairs to speak to a young woman in the two pair of stairs.
Q. Did he bring any gloves with him? Did you see any gloves? - I did not, that young woman was in bed, and he was getting into bed when I came up, and I went and undressed myself and went to bed; in the morning, the things were missing; I had a suspicion of that young man having them.
Q. Who did Dailey accuse of having them? - He did not accuse any body, I am sure of that.
Q. When he lost his breeches did not he say that you had taken them away? - He said nobody else could have them, but them that were in the room; I told him I would try to get them him in an hour, and he went away with a great coat wrapped about him; I knew nobody else but the prisoner could come into the room, because nobody else knew the way.
Q. Was the door fastened? - The prisoner had been in the room, because he slept there on the Wednesday night with me, and he knew that the lock was broke, and how I faitened the door.
Q. Had any body been in the room besides you three, this night that this man lost the things? - No.
Q. Then having this suspicion of the man did you go to the prisoner's lodgings, you and Cox? - Yes, about eight o'clock in the morning, and he came down with us to our landlord, with me and Cox, and we were taken into custody.
Q. Do you know whether these breeches have ever been found? - I went along with the two constables, and they found them in a back room, in a house in White's-yard, Saffron-hill.
Q. Did you ever see him in that room? - That was the room the young woman brought him from; I was afraid to go down, for fear he should ill use me.
Q. Was the other woman present when the breeches were found? - NO, she was in the Compter.
Prisoner. I want to ask her which room the breeches were found in, because I live in the front room, and there is a back room besides.
I am a servant to Mr. Newman, of the New Compter; I found the things, Saturday week last, the day of the robbery in the night, about ten o'clock in the morning, I found them in White Hart-yard, in a room up two pair of stairs, in Saffron-hill; it was said that they were the lodgings belonging to the woman that cohabited with the prisoner; I was only informed so, it was not either of these women, these women live in Fleet-lane.
Q. Did Cox go with you to the room? - I believe she was in the front room.
Q. Was it on Cox's information that you went there for the breeches? - Yes, to shew us the house where he lodged at.
Q. Did she only shew you the house, or the room? - The room up two pair of stairs; there was a woman, Elizabeth Hughes there, in a back room, and I found the breeches in a room that she came out of.
Q. Were there any body else in that room but Hughes? - Yes, there were three altogether at breakfast.
Q. Did you see the prisoner in that room? - No, the prisoner was in the Compter at the time.
Q. Have you kept these breeches ever since? - No, the man begged of me, before the magistrate, to have the breeches, that he had no other breeches to wear. Jostling made a mark on them.
Q. You delivered them to Jostling did you? - Yes.
Prisoner. Which room was it that you found the breeches in? - In the two pair of stairs back room, where Hughes came out of, and where the women were at breakfast.
Court to Taylor. Do you know the room which these breeches were found in? - In the back room, up two pair of stairs; I was in the front room; I went with the constable two pair of stairs, into the front room.
Q. Did you know who that two pair of stairs back room belonged to? - It belonged to one Mrs. Hart, the prisoner lived forwards, Elizabeth Hughes was in the back room at breakfast, but she lives along with the prisoner, in the front room, I never went there in my life before.
Court to Bateman. Hughes was in the room where you found the breeches? - She came out of that room.
Q. Where were the other women at breakfast? - In the back room, the breeches were taken from the same room.
Q. Do you know any thing about where the breeches were taken from? - I do not, the prisoner acknowledged to taking the breeches, but he denied the money, as he was coming to Newgate.
Q. Did he know you was an officer? - Yes, because I put him in the Compter; I was talking to him about the three half guineas, and guinea, that he had better bring that forward; I told him that I was sure if he had the breeches, he must have the money, he said he had the breeches, but he had not the money.
Q. You had told him that he had better bring that forward? - I had.
Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
177. JOHN CONNER was indicted for stealing, on he 15th of February , a quart pewter pot, value 10d. the goods of Henry Hart , a pint pewter pot, value 6d. the goods of William Towers , and a pint pewter pot, value 10d. the goods of Thomas Longworthy .
Q. Who did the other pots belong to? - To Mr. Towers and Longworthy.
Q.Were they under your care? - They were not, they were all found at once on the man.
Q. Did you see your's taken or how did you miss it? - Mr. Towers called upon me Saturday last in the evening, and told me that he had detected one that had stole pots, and told me he would be glad if I would attend at Guildhall, on Monday morning which I did, and there I saw my pot, on Monday last, the 17th of February.
Q. Was it a quart pot? - It was.
Q. What time of the day did you attend there? - At twelve o'clock, no Alderman sat that day, we went again on Thursday.
Q. When had you missed the pot before this? - I had not missed it at all.
Q. Can you say there was a pot missing? - Yes, I had a pot missing on Saturday afternoon, that is the Saturday before.
Q.Your name was on this pot? - Yes, and the arms of the public house.
Q. Have you ever sold any pots with your name and arms on them as old pots? - Yes, about five years ago.
Q. Were these the same name and arms as was on this pot? - Yes.
I keep the White Bear in Bride-lane , I was returning home on Saturday afternoon about four o'clock, the prisoner was coming out of my door, the waiter was following him, the waiter told me that he thought the prisoner at the bar had got some pots, I brought him back and sent for a constable.
Q. What did you find on him? - The constable is here that searched him, I see him searched, I saw two quart pots, a pint pot, and a flat iron, taken from him, the constable has got them, his name is Underhill.
I am one of the servants of Bridewell Hospital, I am a constable, I took these pots from the prisoner myself, I was sent for, Mr. Towers had got the man by the collar when I came.
Q.How many pots were there? - Two quart pots and a pint, I have kept them ever since in my own possession.
Q. How far was this man taken from your house? - I cannot say rightly, about a quarter of a mile, he was taken in Bridge-street, and I live in Earl-street.
GUILTY, Of stealing, one quart pot, value 10d . (Aged 63.)
Imprisoned six months in the House of Correction , and Publickly Whipped .
Tried by the London Jury before Mr. RECORDER.
Q. Did you see them taken? - I did not see them taken.
Q.Did you miss them on that day? - I did, from a gentleman's house that I sent them to, a house that I sent them to in Southampton-buildings, I don't recollect the day of the week it was, I am sure it was the 28th of January.
Q. How soon did you recover them again? - On the morning of the 29th, about nine o'clock, or rather before, two officers that are here, came and called at my house before I was up in the morning, my wife came down first, they brought one pot with them, the officers names were Robert Willey and William Conway .
Q. Was it a pint pot or a quart pot they brought? - It was a pint pot.
Q. Where did you find your quart pot? - They had it at Guildhall when I went down to meet him there, it was between ten and eleven.
Q. Did you know these two pots? - Yes, by the marks.
Q. Is there any other mark besides your name and the sign of the house? - No others, than the letters on the handle.
Q. Do you mean to say that you are certain that those pots that you saw at Guildhall, were pots that you lost from that gentleman's house? - I missed no more that day.
Q. When had you missed any before? - About three days before, I had missed six or seven, and I missed seven about a week before.
Q. Had you ever sold any pots that are described in the manner that you have described there? - I never sold any pots of that kind, or ever parted with any.
I am a patrole belonging to St. Sepulchre's, in the City. There was a person in Smithfield that had lost a two gallon tea kettle, and we had information it was at the prisoner's in a place called Black Bov-alley, going to search her place, and her son's place; she says to them don't open the door; she lives in the two pair of stairs, and he lives in the one pair of stairs; we went and searched after the copper tea kettle, I saw the son in the one pair of stairs room, and the mother in the two pair of stairs; but if your lordship will permit me, I will explain it further. The house belongs to one Clark, they are lodgers in the house; as I knocked at the son's door, she calls out over head, don't open the door, you know what is
Prisoner. I was fast asleep in my bed when the gentlemen came up, I never got out of my bed, I am as innocent as a child unborn.
Court to Willy. How far is this woman's room from where the prosecutor lives? - About half a mile, or somewhere there abouts.
I am an officer, I went with the other man, I heard her say there is the pots, I happened to be in the yard at the time.
Q.Was she in the room above stairs then? - Yes, in the two pair of stairs, I thought some other pots were coming out, that she was going to throw it over my head, then I was prepared, and I saw a woman take and throw these two pots out of the two pair of stairs window, I was on the threshold of the door, and I put my head out, for fear I should have something on my head.
Q. Can you say by whom the pots were thrown out? - I could not, because they dropped them out, they did not put their heads out, they dropped on a dunghill. I picked it up directly.
Q. Who did she address this conversation to, "there are the pots" - To the little boy that was in the room up stairs with her. Here is a piece of metal, pewter, and these two things fit for melting in.
Q. Were these pots any part melted? - No, not these.
Court. Where did this happen? - The 29th of January, in the morning.
Q. Do you know what day of the week? - I did not.
I was the watchman, I was there at four o'clock in the morning, at this time.
Q. Did you see the pots fall out of the window? - No.
Q. Did you see the woman in the room? - Yes.
Q. Did you see things taken out of the room that the other witness has produced? - Yes.
Q. Was the woman brought away at that time? - Yes.
Q. Did you take the son into custody? - Yes, on other business.
Q. Did the woman say any thing at all to you about these pots? - No further than she said that she never had the pots at all in her room.
Q. As you are the watchman you know this house perhaps? - Yes.
Q. Do you know whether the son and mother live separate in this house? - The son lives in the one pair, and the mother lives in the two pair, I know it by going there that morning, the son told me that he lived there four months.
Q. Was she present then? - No, she was not.
GUILTY . (Aged 53.)
Imprisoned six months in the House of Correction and fined 1s .
Tried by the London Jury before Mr. RECORDER.
179. WILLIAM WILLIAMS was indicted for stealing, on the 20th of January , a linen shift, value 6d. a cloth jacket, value 2s. a cloth cloak, value 2d. a hempen hammock, value 4d. a velverett waistcoat, value 4d. a flannel ironing cloth, value 1d. a linen table towel, value 1d. the goods of Richard Herbert .
Q. Where were these things of your's put? - I left them at the end of a hair trunk, on Monday the 20th, all the things in the indictment, I went out about half past four.
Q. Did you lock your room? - I did.
Q. Did you leave any body in the room? - No one.
Q. Did you take the key with you? - Yes, I returned a few minutes after six, I cannot be particular to a few minutes, I had light a candle at the public house, next door, I missed the hammock as soon as I went into the room, my room was below stairs.
Q. Where had you got your candle? - I bought it before I got to my apartment, I put the key in to open the door, and I found the door flew open, without my unlocking, I went and light my fire, and went to look for my hammock, I used to put it under my feet, being ill with a fever for some time, and I missed it; I had left the hammock at the end of the trunk, on that I went up to the woman that keeps the house, and asked her whether she had seen any body? my husband came in immediately, and missed his jacket, which was laying among the things there.
Q. On your going home did you find your husband in the room or not? - He came home about twenty minutes afterwards, to the best of my knowledge; in the morning I see all the things I had lost, in possession of Mr. Bare, who is an officer of the Trinity House; in a public house in Virginia-street; he produced them to me, I knew them to be mine.
I am a Trinity officer. On Monday night, the 20th of January, about six o'clock in the evening, I saw the prisoner at the bar, with this bundle of goods in his possession, at a place called North East-passage, Wellclose-square; I took hold of him, and asked him what he had there? there was a wine-vaults close by there, and I took him in there, I asked what he had there in the bundle? he said they were a few things brought from aboard of ship; I took then and opened the bundle, and saw a child's frock in it, and told him that I did not think that these things could come from on board a ship, or else this child's cloak would not be among them; with that I immediately secured him, and took him to the magistrate's; I went the next day about the neighbourhood, to give them notice, in the afternoon this good woman came up, and asked me if I would be so obliging as to shew her the bundle; it was at the Virginia Planter, the public house right opposite the office, and I
Prisoner. Ask him whether I did not tell him every thing that was in the bundle, when he first stopped me? - I do not recollect any such argument being between us at all.
Mrs. Herbert. This jacket I put a gore in the steeve, I know the child's cloak, it belonged to a child that used to be along with me, that I kept; this hammock I used to put under my feet, it is a dirty thing, this velverett waistcoat is my husband's; here is an ironing cloth that I know, and a linen towel.
Prisoner. On Monday night I was going to go down Wapping, to get a man to get me a ship, to go on board a West India man, I was to go to the Jolly Sailors, I did not see him there, I was coming up from there, I see these articles all lay one by one, the first thing was the hammock, then a bit of an old towel, then a bit of a shift, and a bit of an old waistcoat, with the flannel side outward; I picked them up, and was going to sell them for old rags, and when this man took hold of me, and took me into the public house, I told him every thing what it was. My father has been dead about a fortnight before I was taken up, and was going to get a ship to go to sea; had I known the consequence of picking up these things, I should never have touched them; any body else would have been as liable as me, I thought they were nothing but rags.
GUILTY . (Aged 35.)
Tried by the second Middlesex Jury before Mr. Baron THOMPSON.
180. ANN WILLIAMS was indicted for stealing, on the 1st of February , a canvas purse, value 1/2, fourteen guineas and one half guinea, the goods and monies of John Harris , in the dwelling house of James Wade .
JOHN HARRIS sworn.
I live in York-street, in the parish of St. Margaret's , in James Wade 's house; I have lived there about two years, or there away, it is a private house; I lost fourteen guineas and a half, in a purse, the 1st of February, Saturday, it was taken from my wife, out of her chest of drawers; the money was in a little box, in the bag, in the chest of drawers.
Q.What time of the day was it taken? - I went out on duty about five o'clock in the evening; I am a patrole belonging to Bow street, I left this woman with my wife about a quarter of an hour before I went on duty, I never saw her before that day in my life.
Q. How came she there? - It appears she had seen my wife the day before, the 2d of February, being Sunday, about eleven o'clock, I cleaned myself, and was going to church, my wife asked me as I was going down stairs, where I was going? I told her I was going to church, and I had gone about half way, and she ran after me, and said John, have you got that little bag in your pocket? I said what bag? says she the little bag with the money; I went back with her, and it could not be found; says I to her, who has been here? says she, nobody but that Welch girl, the last night; I found the purse was gone, I went to my partner, Mr. Creedland, and we pursued the prisoner, and we found her in Queen's-court, Pimlico, in the house of one Mr. Davis; on Sunday about four o'clock, when I came to her, I asked her how she came to make my property away, and rob my wife of it? I said to Mr. CreedDavis I shall not conceal your roguery at all; she throwed the pocket-book on the ground, and there was the purse in it; I said joseph, that is mine, and he looked into the purse, and there were ten guineas and a half in it, of the money, and three shillings, and two six-pences, that is all the matter, as far as I found the property; I asked her what she had done with the rest of the money? she would give me no satisfaction.
I am the wife of the last witness, I was going through the park, and met the prisoner, and understanding she was a welch girl, I asked her what part she came from, and she came from a part that I happened to know; I wished to talk a little with her, about that part, and I asked her to call on me, and she called on me the next day, Saturday, just at the same time that my husband was going out on his duty, and I gave her some bread and cheese, and when I went out for a pint of beer to treat her with, she went and took that purse, with fourteen guineas, and a half in it.
Q. How do you know it was taken during the time that you went for the beer? - Because I never left her there but at that time; then the next morning I went to look for a cap in the drawer, and I saw the little box open, and my husband was just gone out to church, and I went out after him, and asked him if he had taken the purse with the money.
Q.How long did she stay with you? - She stayed with me till between eight and nine o'clock, as near as I can guess.
Q. This was a chest of drawers, was it? - It was.
Q. Were the drawers locked? - No, they was open.
Q.Have you seen the purse since? - The gentleman that took it from her shewed it to me.
Creedland. I have got the purse.
Mrs. Harris. This is my bag, I made it myself.
I am an officer of Bow-street, on the 2d of February, John Harris came to me and told me that he was robbed of fourteen guineas and a half in a purse, so we went to seek after the prisoner, and we found her in Queen's-court, Pimlico, and I asked, her what she had done with the money that she took from Mr. Harris the last night? she said she had not seen his money, nor ever had any of his money. I then told her I must search her pockets, she readily pulled her pocket outside of her petticoats, and I found three-pence halfpenny and two keys, then I told her I must search her bosom, she said she would not let me search her bosom nor no other man; I asked if she would let this good woman search her bosom, Mrs. Davis, and she readily consented and she brought out this little pocket book and she threw it down, and I picked it up and have kept it ever since.
Mrs. DAVIS sworn.
The prisoner frequented my place now and then, I being her own country woman. I had not seen her for two months before, till last Saturday night she knocked at the door, when she said she was married to a lawyer in the TemEvans come up the court, he was with the constable, and she went and hid herself up stairs in a lodger's bed, but they went up and took her, and I searched her, and when I found the pocket book in her bosom, she said, for God's take save me if you can, she spoke it in welsh.
Prisoner. I never took the money, she took the money out of a drawer and put it in my hand to carry to some of her friends in the country.
Court to Mrs. Harris. You are a welsh woman? - I am.
Q. Did you want to send any money into the country? - No, I have no friend in the world but that good man, my husband, it was some money that I had laid by to help me when I was old, or should be sick.
GUILTY . Death . (Aged 22.)
Tried by the second Middlesex Jury before
Mr. Justice BULLER.
181. MARY BOUCHIER was indicted for stealing, on the 7th of February , a silver tea pot, value 3l. two silver gravy spoons, value 1l. three silver table spoons, value 1l. a desert silver spoon, value 5s. a four prong fork, value 1l. four glass salts with silver tops and bottoms, value 2l. three silver salt spoons, value 3s. two pair of linen sheets, value 1l. a linen table cloth, value 5s. a cotton counterpane, value 1l. the goods of Peter Boileau in his dwelling house .
ISABELLA BOILEAU sworn.
I live in Bruton-street , Peter Boileau is my husband, I was married to him twenty years ago at St Martin's Church. I hired the prisoner for a woman cook about ten days before she came to my house, she came the 6th of February at night, she went away the next morning on the 7th before I was dressed, very early without my knowledge at all.
Q. Did she leave your house by your content? - Certainly not.
Q. Did you at any time after she left the house miss any property? - My other servant found it out, and came and told me, my house maid, I did not know her name. I got up and went down stairs and enquired what was lost? and they told me there was a great many things gone, which frightened me very much indeed.
Q. What did you do on finding this loss? - I went to Bow-street.
Q.Have you seen any of your property since that? - Every thing, I saw it at Bow-street when the constable brought it two or three days after.
Prisoner. Ask her whether I by any means was engaged or hired by her as a servant? - Certainly she was engaged as a cook servant.
Court. Was she hired to come for any certain time? - For a twelve-month.
I lived with Madam Boileau in Bruton-street, Bartlett-square.
Q. How long have you lived with her? - A fortnight to day. I was in the house about half an hour before the prisoner for the first time I entered the service; I came the very day that the prisoner did for the first time.
Q.Pray had you any conversation with the prisoner at any time and when? - About half after one in the morning it might be, when we servants were going to bed, there was a silver tea pot on a tea board, on a dresser in the kitchen, I thought it had been block tin at first, and I looked at it again and saw the stamp at the bottom of the pot, and I shewed her the stamp and told her it was silver, and some china that she remarked, some cups and saucers that she remarked were very old fashioned china, and I told her that they were not; there was a pair of clean sheets that we had to put on our bed were airing at the fire, which kept us up longer to air them, she said it was necessary to air them; while they were airing at the fire, before we did go to bed, as we might have gone to bed, she took the opportunity of hunting all over the kitchen, and looking into places that I thought she had no occasion to do; in looking about the copper, and under the coal hole, I thought her curiosity uncommon, but I said nothing to her; I began then to prepare to go to bed, I took the dirty sheets off the bed, folded them up, and put them on the table at our bed side; and before we went into bed she threw the remains of a scuttle of coals on the fire, and said, she wished the fire to keep in all night. We got up the next morning together a little after seven; while we were getting up she said she must wash the street door, but she must put on her bonnet, she said she should catch cold in case she did not. After I was dressed I went up stairs to open the window, or draw up the curtains in the second floor, and came down again for some wood for to light the fire up stairs, in the second floor; she light a candle to look for wood, and we went into the back kitchen together, and the first thing she opened was a large square box in the back kitchen; and there was plate in it, and there were four salts in it; she took them up and said, were they silver? I shewed her the stamp and told her they were; she took up an ink stand, which I believe is not silver, from the same box, and she asked me if it was silver? I told her I did not know; but in the stand there were two or three cruet tops, which were silver, she did not ask me about them; she took up a spoon for a middle dish on a table, which was plated, and other things in the box, which were plated, which she put down in the box. After this, as near as my recollection will afford, I think we went up both together into the parlour, to call the lad that lives with Madam Boileau, he sleeps a little behind the back parlour; in going through the parlour to call this lad, the cloth was left on the table the night before, the same as her ladyship had left it from supper, I made a
Q.Pray can you tell if these salts were the salts that were missing? - They are not; I only made a trifling remark on the carelessness of servants, and I left her and went up to the second floor.
Q. Where did she put these things that she took off this table? - She took them down into the kitchen, the plates, knives, forks, spoons, and table cloth. But before I went up stairs I went into the front parlour, we both went in together, she had taken the plates down, leaving the other things on the table with the cloth; we went into the front parlour, and she opened one shutter, and by the light that she had in her hand, she was looking at the parlour clock that was on the mantle piece, and looking at other things round the room, and she came to a sopha, she moved the pillow of the sopha and shewed me a counterpane; says she, here is a counterpane.
Q. You had not seen that before? - No. I took a bit of the counterpane up in my hand, and took and looked at it, and said, yes, it is a counterpane. I then went up stairs to the second floor, left her in the parlour, I came down stairs again for a scuttle of coals, some little time after, and I met her with a table cloth coming down the kitchen stairs, coming out of the parlour, I was coming up after I had been down; I had been down for these coals, down the kitchen stairs, she was coming down with the table cloth as I was coming up; I went up stairs, being a stranger to the house, without knowing particularly what I should want; I thought I should come down again presently, and I came down for a broom, or a duster, or something that I had occasion for, and then I met her again with the counterpane, on the kitchen stairs; I had been down then, and was returning; I did not say any thing to her, because I thought it was work that belonged to her, if she thought proper to move it; I went up stairs and had every thing that I wanted for my work, and was not down again, I suppose, for three quarters of an hour.
Q. Did she tell you what she was going to do with that counterpane? - She did not. After this, when I came down, the boy asked me if I had seen the cook? I think this must be rather after eight o'clock.
Q. The prisoner was not by when the boy asked you this question? - No.
Q. In point of fact the prisoner was not below stairs? - She was not. In the course of the morning she had told me that she must go to Burlington-street, to fetch her box that night or the next morning, where she had lived two years and a quarter.
Q. Did she return? - She did not.
Q. Then from her mentioning this I suppose you was not so much surprised at her absence at that time? - I concluded, when the lad asked me if I had seen her, that she had gone where she said she was to go.
Q. At what time did the suspicion arise in your mind? - A little after eight.
Q. Did she ever return? - Never.
Q.When did you see her again? - On Monday.
Q. What day of the week was this that she went away? - Friday morning.
Q. Where did you see her on Monday? - At Mr. Bates's, an office for hiring servants, near James's-street, Oxford-road; she came there to apply for a place, as I heard, a lad came to fetch me and the lady, to see whether she was the person that they had the description of in the hand-bill that was given out; I went and saw her in consequence of that information; I was asked whether that was
Q.Now you yourself, I suppose, don't know where the other articles mentioned in this indictment, were that night? - Yes, I know where every thing was; I was the only person that knew where they were.
Q. Were all the articles in that square box? - No.
Q.Where was the tea pot? - On the tea board; the other plate was in the square box, all but the five table spoons, three lay on the dresser and two in the soup plates that were brought out of Madam Boileau's room.
Q.Had you any conversation about them five spoons? - No, none at all.
I am an apprentice to a pawnbroker, Mr. Read, Fetter-lane.
Q. Do you know the prisoner at the bar? - Yes. On Friday the 7th of February, she came to pledge a silver tea pot at dusk; this is the tea not; she wanted three guineas on it; I weighed it, and lent her two guineas and a half on it; it weighed fourteen ounces and nine penny weights, then she went away. I am sure it was the prisoner at the bar came to the shop; I gave her a duplicate in the name of Beddington; she said it was her own, it was safe enough, I need not be under any apprehensions. The tea pot has been in my possession ever since, except it was at the public office, at Bow-street, from Wednesday to Saturday; I took it to the office on Wednesday, on Saturday I had it again.
Q.Then it remained at your shop from Friday to the Wednesday? - Yes.
Q. Who did you deliver it to at the office? - To Justice Ford, and it was Justice Ford delivered it me back again; I made a mark on it when I left it, with a pen knife, the magistrate desired me.
Mrs. Boileau. It is my pot; but I wish her not to be hanged.
I am an apprentice to Thomas Jones , a pawnbroker, in Fleet-street; I rather think it was the prisoner that brought these spoons, but I cannot be positive; I think I know her, because she had pledged some spoons at our house.
Q. Do you mean to say positively that the woman at the bar pledged these spoons at your house? - No, I cannot say positive.
Q. Then a woman pledged them there? - Yes, on Friday the 7th of February, nine o'clock in the morning, there was a four pronged fork pledged at the same time.
Q. What did you lend on these articles? - One pound fifteen shillings.
Q. What was the weight of them? - I cannot recollect; there was a gravy spoon, a table spoon, a desert spoon, and a four pronged fork.
Q.Did you give a duplicate? - I did.
Q. Have you seen that duplicate since? - No, I have not. I delivered the things up at the office, at Bow-street, to the magistrate.
Q. What account did she give of herself? did you ask her any questions? - No.
Q. What name did she give? - The name Beddington.
Q. You asked no questions as usual? - No.
Q. How came they to be found out that you got them? - The constable came
Court. Look at that young woman again. What do you say about her? - I cannot be positive.
Q. How long after she had pawned the things, did you see the person that was taken up on suspicion? - I saw her the next day.
Q. And then you did not know whether it was the woman or not? - No.
I am constable and beadle of St. George's. I was sent for up to Madam Boileau, Bruton-street, and I went, and I was obliged to be at Westminster that day; I told her that the readiest way was to go to Bow-street, and have some hand-bills printed, (that was Friday morning,) and she desired me to break open this box; and I refused to do it till such times as it came to Bow-street, it is a box as was left, as I understand, by the prisoner at the bar.
Q. Pray did you go in search of the prisoner, in consequence of information you received? - I did, on Monday following, at Oxford-street, I found her at the house of Mr. Bates, the intelligence office.
Q. Did you take her into custody then? - I did; and took her to Mount-street watch-house till six o'clock, and she was examined at Bow street the same evening.
Q. Did you, at any time, search the lodgings of the prisoner? - Yes, on the re-examination, the Wednesday following.
Q. Where were her lodgings? - In Cursitor-street.
Q. How do you know they were her lodgings in Cursitor-street? - Because the pawnbroker had found it out; she told the magistrate, that a key that was found on her, was the key that opened the door; it was taken from her person along with the silver spoons that are here now. I was ordered to go and search the lodgings; I did so,and that key let me in; I found these two pair of salts, mounted top and bottom with silver, one foot was broke off from one of them; three salt spoons; these keys, and an abundance of duplicates were found in a trunk that stood at the left hand of the door as I went in, at the bottom of the trunk.
Q. What did you do after you found these things? - I took them to Bow-street, and kept them till the re-examination day again, that was Saturday, and I produced them on the re-examination.
Mrs. Boileau. The gravy spoon has my husband's cypher on it, P.B. the other spoons are all marked the same; the tea pot is mine; the salts are mine, I have no doubt, they are cut glass mounted with silver; the salt spoons are not marked, but I know they are mine, and I lost such.
Prisoner. I did not engage myself as an hired servant with that lady; she gave me two shillings, and told me to keep myself disengaged till Thursday week,(this was on the Thursday she engaged me before,) I have always gone out to dress dinners or ball suppers for going on of three years. I went to this lady's house about three o'clock in the afternoon, one of the young ladies told me I was not wanted then, I was to come and call again at night. When I called in the evening they were very busy, there were two servants going away, and they were searching their boxes for property that they had lost in the kitchen; that servant that was witness against me, she was in the house about half an hour before, one of the ladies asked me if I would go up and make Mrs. Boileau's bed? I went up and helped to make the bed; I came down stairs, and I was told to cut some cold beef for supper and send it up; I then asked the boy if they were going to have company in the morning?
Court to Mrs. Boileau. Where did you hire this prisoner? - She came to my house, to say that she heard that I wanted a cook; I asked her where she came from? she said from Mr. Bares's in Oxford-street; I told her I never took a servant from an office; she then told me that she had a very good character, that she lived with Mrs. Middleton for two years and a quarter, if I would write to her; one of my people wrote to her, but we got no answer; she called in a day or two after, when she came to know if we had any answer; I told her no,and told her that she might come; she brought in a box full of dirt,and said it was her clothes.
GUILTY . Death . (Aged 30.)
Recommended to mercy by the prosecutrix.
182. WILLIAM otherwise ROBERT KEMP was indicted for stealing, on the 20th of January , a pair of linen sheets, value 10s. a silver tea spoon, value 2s. the goods of Thomas Holden , in a lodging room .
Q. Does your husband live at home with you? - No, he is at Garrison,
Q. But you have the care of the lodgings in his absence? - Yes, my husband is an invalid.
Q.Did you lose any of your property after you let the lodgings to him? - Yes, one pair of linen sheets, and a tea spoon.
Q. Were these linen sheets and tea spoons let as part of the furniture? - Yes.
Q. When you let him these lodgings, was it part of the bargain, that you was to find him in tea spoons? - I was to find him in every thing for his use, that was wanting, and necessary; he was only one week in the lodgings, before he went away, I suspected he had taken some things out of the room, and I employed a constable to come and take him up; and I looked and found the things were missing, and he was taken before a magistrate, and committed, the spoon was at one pawnbroker's, and the sheets at another, they are both here.
I am a constable of the parish of St. Margaret's, Westminster, the prosecutor lives in Westminster, in Great Peter-street, in the parish of St. John's, the Evangelist. On the 20th of January last I was sent for to take up this man, for robbing his lodgings, and I took up the man.
Q. Was that the day the robbery was committed? - I believe not, it appears by the duplicate found on him, to be the 16th of January, I found four duplicates on him, and two led to the discovery of the sheets and tea spoon, I have the four duplicates, I found also a letter directed to a woman, nothing material to this business.
DAVID ROSS sworn.
I am a pawnbroker, I produce a tea spoon, a person pledged it in the name of William Hill, I think it was the prisoner, to the best of my recollection. I never saw him before; I lent one shilling on it, it was pawned the 15th of January.
Q. To Munday. Shew him one of those duplicates? - This is mine.
I am a servant to Mr. Watson, Parliament-street; I produce a pair of sheets, pawned on the 16th of January, on a Thursday, pawned by a woman, in the name of Elizabeth Gardiner, she had seven shillings on it.
Q. To Munday. Shew him the duplicate? - This is my duplicate.
Q. To Munday. To whom was the letter directed? - To one Trimmer.
Prosecutrix. The things are mine, there is my own name, and my husband's on them.
Q. Have you any other marks besides your name on it? - No, that is the same spoon that I missed, there is no mark on the sheets, but I have another pair at home like them, they are my own work.
Prisoner. I never denied pledging the articles, but far from a felonious intent; I had a chest of tools coming out of the country, and I should have redeemed them as soon as my circumstances would admit, and while I remained in the place I did not know that there was any harm in so doing, I had no intent of felony, far from it, because if I had, I had an opportunity of taking away other things in the place; I pledged them for as little as I could help, because I meant to redeem them again
GUILTY . (Aged 19.)
Imprisoned six months in the House of Correction and Publickly Whipped .
Tried by the first Middlesex Jury before Mr. RECORDER.
163. JOHN INNIS was indicted for that he on the 22d of June , did feloniously and falsly make, forge, and counterfeit, and did willingly act and assist in falsly making, forging, and counterfeiting a certain will and testament, with the name of Andrew Bowman thereunto subscribed, purporting to be the last will and testament of the said Andrew Bowman , bearing date the 28th of February 1792, and to be signed, sealed, and published, and declared as for the last will and testament of the said Andrew Bowman , with intent to defraud Sir Charles Morgan , Bart . and Thomas Wright , Esq .
Indicted in a second COUNT with feloniously uttering as true a like will with intention to defraud the same persons.
Indicted in the Third and Fourth COUNTS with feloniously forging and uttering as true a like will, with intention to defraud certain persons, whose names to the jurors are unknown, against the form of the statute and against the King's peace.
(The indictment opened by Mr. Raine and the case by Mr. Fielding.)
JOHN ADAMS sworn.
I am a clerk to Messrs. Broom and Kinicher, the defendant was a client of theirs, I attended him to the Commons about June last.
Q.For what purpose did you attend this gentleman to the Commons? - I went to Mr. Beard to prove the will, under which he claimed.
Q. Did you prove the will? - I believe he did, I do not recollect going to the office proving it myself, but I saw the will at the office, we had the probate sent to us afterwards.
Q. When was it? - In June last, I don't exactly recollect the day.
I am a clerk to the Perogative office, of the Archbishop of Canterbury; I produce the will in question.
Q. Was you present when it was produced? - I was not.
Mr. Wood. You do not know who brought that will to the office? - The proctor brought it into the public office, I don't know who brought it to me.
Q. Do you know the person that he brought with him? - I do not.
Q. Did you write the jurat on that will? - The jurat is written by myself, and signed by myself, it was regularly proved as a matter of common course.
Court. When you write that jurat, do you do it in the presence of the person who brings it? - Sometimes we do, and sometimes we do not, but in this instance I did, because I remember Mr. Adams coming into the office.
Q. Do you remember of whom you received that paper? - Of Mr. Beard, in order to get the parties sworn.
Q.Should you know him if you saw him? - I have given a testimony that I had a saint recollection of him at the time I saw him at Bow-street, but I cannot say he is positively the man.
Q.What is your belief? - My belief is, I think I have enough to satisfy my conscience that I had a saint recollection of him at the time, and I do believe the prisoner is the man; but I had not seen him before nor since, till I see him before the magistrate.
Q. I believe you are actuary at the insurance office for lives, at Black Friar's-bridge? - Yes.
Q. Do you know the prisoner at the bar? - No, never saw him till I saw him in court; all I know is, he had two assurances made on the lives of his two daughters, Jane and Elizabeth Innis , the daughters of the prisoner.
Q. How do you know that? - By the policy and minute of receiving of the money, I have a policy here on the life of Jane Innis, dated the 28th of April 1791.
Q. Was the money paid on that policy? - Yes.
Q. Who paid the premium? - Either Mr. Innis or his agent. In consequence of application on the 5th of October we paid nine hundred and sixty-one pounds ten shillings and six-pence, we paid it to John Innis , deducting thirty-eight pounds eight shillings and six-pence for interest.
Mr. Shepherd. Do you know who that money was paid to personally? - No.
Mr. Knowlys. Did you pay the money with your own hands? - No, I gave it to Mr. Cooper, the assistant actuary.
Q.Did you pay the money on this insurance, that Mr. Morgan has been speaking of? - No, I did not.
Q. Do you know the person of the prisoner? - No, I cannot swear to him, I have seen him before at the office, making two assurances, of a thousand pounds each, on the lives of two of his daughters; that is the man to the best of my knowledge.
Q. When abouts was this? - On the 23d of April 1791.
Q. Then the assurance was compleated about the two girls? - Yes.
Q. Do you remember any application being made by him or any body else for a forfeited assurance? - I know money was paid from the books to one of them, but I don't know to whom.
Q. To Morgan. Did not you see the man that came forward? - I never saw the man come into the court room.
Q. Who are the gentlemen concerned in this assurance office? - I cannot particularly mention the names of the gentlemen that year, from the nature of the institution the policy was signed by Sir Charles Morgan as president of the office, and a trustee; and by Alderman Wright, who is also a president and trustee; and all the money is invested in their names, and the other presidents.
Mr. Shepherd. Who are the others? - I think Deputy Smith, Mr. Alderman Sainsbury, and Mr. Saxbury.
Mr. Fielding. That was deposited in your hands as an attorney? - It was.
Mr. Fielding. How many gentlemen generally sign a policy? - At the time that policy was issued three gentlemen signed it.
- BRAY sworn.
I am solicitor for Sir Charles Morgan and Mr. Alderman Wright.
Q.Have you a copy of a record of the cause wherein the prisoner was plaintiss and Sir Charles Morgan and Alderman Wright the defendants? - I have the record itself in this transaction of a Nisi Prius, in the cause which was brought by John Innis , against Sir Charles Morgan and Thomas Wright , to recover the sum of One Thousand pounds on a policy of insurance, made on the life of his daughter Elizabeth Innis .
Q. Is the prisoner at the bar the person who was the plaintiss of that transaction? - He was the person that appeared in court, that I understood as the plaintiff of this suit.
Q.In what manner did he appear to be the plaintiff in court? - I never saw him till he came into court, but I saw a man there that I understood to be that man there; I saw him in court, and I understood from the counsel and conversation, that he was the plaintiff.
Mr. Plaintiff. Did you understand that from himself? - I had no conversation with him.
Q. Did any thing arise from himself that you had knowledge that he was the plaintiff? - I saw him speak to several people in court, but what he said I do not know, I think I see him speak to some of his own witnesses, but I am not sure.
Q. Can you say that you saw him speak to the counsel? - I cannot say I did.
Q. To Pinnington. Was the prisoner at the bar the plaintiff in that transaction? - He was. I was in court when Lord Kenyon committed him. He appeared in court as the plaintiff.
Mr. Fielding to Bray. You was in court the time of the first trial in June? - I was.
Q. Do you remember a man being called up to answer to the signature o Gardiner? - I do.
Q.That man was examined? - It was.
Q. The trial was put off at that time? - It was.
Q.Then you was on the trial on the ninth of December when it came on again? - I was.
Q. Was Gardiner examined then? - He was.
Q. Was the original will then called for? - It was.
Q. Was it produced? - A paper, which I supposed to be the original will, was produced by an officer of Doctor's Commons.
Q.Look at that will? - I believe this to be the will in court.
Court to Harrison. Was that the will that was produced the ninth of December in the court of King's Bench? - This is the very will.
The will read by the clerk of the court purporting as follows: "In the name of God, Amen. I Andrew Bowman , of Glasgow, Gentleman, being of found mind, memory, and understanding, do publish and make this my last will and testament, in manner and form following:John Innis , during the life time of his daughter, Elizabeth Innis , and in case of her death in the life time of John Innis ; I give the said sum of Twelve Hundred pounds to James Borthwick of Chesterfield, and his heirs for ever; but in case of the death of John Innis , the asoresaid Elizabeth Innis is to enjoy the said sum of Twelve Hundred pounds during her life time, but at the death of the said Elizabeth Innis, the above mentioned sum to devolve to James Borthwick, his child or children, which if more than one shall have share and share alike, but if only one, then to his heir or administrator. And as to all the rest of my personal estates, I give and bequeath the same to my said friend John Innis , his executors and adminsstrators; and I hereby appoint and constitute she said John Innis , to be my whole and sole executor. Lastly, I do hereby revoke and make void all other wills, and declare this alone to be my last will and restament. In witness, I Andrew Bowman have set my hand and seat, this 28th day of February, in the year of our Lord One Thousand Seven Hundred and Eighty-two. Signed, sealed, published and delivered, as and for his last will and testament, in the presence of us, who have set and subscribed our several respective names as witness there to.
Signed John Wood of Briggate, and Thomas Gardiner.
Mr. Fielding to Bray. Do you remember that man being called upon to spell his name? - I do.
Q. The prisoner was then in court? - I will not be sure whether Innis was in court at that time.
Q.To Pinnington. Do you know whether Mr. Innis was in court at that time? - I believe he was not.
Q. To Bray. Do you remember Mr. Bray, any person being called to answer to the name of the subscribing witness, Wood? - Yes.
Q. Who came forward under that name? - The first time that John Wood was called for he did not appear, then some other witness was called by the plaintiff; then John Wood was called again, and then a man came into court.
Q. Should you know that man was you to see him? - Yes, I have seen him several times since.
Q. You, I suppose, have made all possible enquires about the persons whose names are used in this will? - I did write to Glasgow to enquire after Bowman.
Q. Is your name John Borthwick? - No, my name is John Wood.
Mr. Fielding to Bray. Have you seen the man that you know went by the name of John Borthwick? - That is the man that being called by the name of John Wood, came into court by the name of John Borthwick .
Q. To Borthwick. You have been before a Grand Jury? - Yes.
Q.By what name? - By the name of Borthwick.
Q. Did you appear at Westminster on the ninth of December? - Yes.
Q. By what name did you appear there? - Borthwick.
Q. Have you seen him? did he come here with you? - Yes.
Q.Where did he fail from? - I don't know.
Q. What business are you of? - I sell medicines; I sold medicines for Doctor Dignum.
Q. How old are you? - Thirty-one.
Q. Where do you reside now at this time? - I have no constant residence at all.
Q. Where did you reside last year? - I was only travelling then.
Q. For these eight years past where have you resided? - I was travelling.
Q. What led you to Glasgow twelve years ago? - Doctor Dignum went there and I went with him.
Q. You did not know much of this Bowman yourself? - No, I did not.
Q. How came it that you was called upon to testify the will, or any such thing? - Because Mr. Innis's name was called in question.
Q. Did you know anything of Innis? - I did know him.
Q. Was he resrding at Glasgow? - No.
Q. Did you know him at that time? - I knew him.
Q. Where did he reside at that time? - He was a travelling man, and dealt in medicines.
Q. Then you don't know where his abode was, was it fixed? - No.
Q. Did you know any part of his family? are not you some relation of his? - He is only an uncle by law of mine.
Q. Do you happen to know any thing of his family? - Nothing at all.
Q. Where is Doctor Dignum now? - At Manchester.
Q. You say that that paper was signed by you twelve years ago, at the Briggate, in Glasgow? - It was.
Q.How came you to use the name of John Wood then? - Because my name is Wood, and not Borthwick.
Q. Your name is Wood, is that the name that you have passed by from your youth? - Yes.
Q. How long have you changed your name from Wood to Borthwick? - Ever since May.
Q.What christian name? - John Borthwick. The reason that I said that my name was John Borthwick was, the prisoner's wife said she would give me some money if I said my name was John Borthwick , which for the lucre of the money I did.
Q. Mr. Borthwick, you remember what you said in the court of King's Bench? - Yes.
Q. Was any will put into your hands in the court of King's Bench? - Yes.
Q.Look at that will? - This is the will, I signed it at Glasgow twelve years ago.
Q. Was that what you said in the court of King's Bench? - No.
Q. You are a married man, are not you? - I was.
Q. Is your wife alive now? - No.
Q. How long has she been dead? - Four years.
Q. Do you know any thing of Mr. Innis the prisoner? - Yes.
Q. Where did he live? - At Bedford.
Q. Where did he live about November or December 1792? - I don't know, he came backwards and forwards to No. 2, Maze Pond, in the Borough.
Q. You have seen him at that house? - I have.
Q. Did you see him, or do you know in what manner that he was there about November or December? - I see him in May.
Q. In the October or September before that? - No, sir.
Q. Or after that? - No, I have not seen him since May or not before; that was the first time I saw him, in the year 1792.
Q. At that time he lived in that place in the Borough? - I don't know he lived there, but I see him there.
Q. Now look at the other signature of that will, the name of Thomas Gardiner? do you know any thing of that name being signed, and at what time it was signed? - There was an elderly man wrote the name of Thomas Gardiner, after I wrote mine in the briggate, Glasgow, twelve years ago.
Q. You have a relation of the name of Borthwick, have not you? - Yes, a brother-in-law.
Q. Where does he live? - He did live along with me and my sister in Drury-lane.
Q. Did he ever live with the prisoner at the bar? - Yes.
Q. Was that in the Borough? - Yes, I believe he did, live there, either at No. 2, Maze-pond, or at a public house, I am not certain which.
Q. Do you know whether he lived with the prisoner at the bar? - He lived with him some years.
Mr. Fielding here moved the Court that the defendant could not call witnesses to prove what this man had said at another time, which the Court granted.
I live in Maze-pond, Southwark, I have lived there for some years (I am a schoolmaster,) in the course of that business I have a great many petitions, and things of that kind brought to write; this will is my hand writing, I can have no doubt; I think, as near as I can recollect, I wrote it in the latter end of the year 1791.
Q. Can you take on yourself to swear that it has not been wrote four years back? - I cannot take on myself to say to a month or two, but to the best of my recollection this is a transcript of a paper which was brought to me to copy, about that time, some time in the latter end of the year 1792, I had a paper to write this from, a person brought a paper for me to copy, and he was to have it in such a time.
Q. What was you paid for the copying of it? - About two shillings; no more than for my honest labour.
Q. Do you know the person that brought it? - I believe I should know him if I was to see him.
Q. Can you take on yourself to say that will is your hand writing? - I think it is my hand writing, but I think also that I could not copy two sides of a paper without likewise knowing something of its purport.
Q.Let the witness see Thomas Borthwick? - This is the very person that brought the officers to me, when I was taken to Bow-street, and this is the very person that brought the paper to copy, I have not a doubt of it in my own mind, the least in the world. This will is from a paper that I absolutely copied, and it is my hand writing.
Q. The paper that was brought to you, you copied correctly? - I did, as correctly as any man could, I believe.
Q. That young man, Thomas Borthwick, was the young man that brought the officers from Bow-street, in order to carry you before the magistrate? - He was, and I believe he was the man that brought the will to copy.
Q. What is the officer's name that came for you? - Townsend.
Mr. Price, the solicitor of the court, said that I should be paid for my time, and I have been all this time in Prison, and he gave me only fifteen shillings, and he has given my brother-in-law a guinea a week.
Q. Where do you live now? - I just came from Tothill-fields.
Q. Where did you live before you was sent there? - No. 62, Drury-lane.
Q. The prisoner at the bar is a relation of your's? - He is, he is an uncle.
Q. You lived with him in the Borough? - I did, about November, or December 1792.
Q. What relation is John Borthwick to you? - A brother-in-law, he lives in Drury-lane.
Q. Did you see him at different times at your master's house? - Yes, I have seen him at different times.
Q. Do you know Mr. Garrett, the last witness? - No, I do not.
Q. You don't know him? - I do not.
Q. Did you go to his house with any officer? - The officer took me, I told them at Bow-street, that I did not know the house where I took the paper to. In the year 1792, I lived along with Mr. Innis, as his servant; one day Mr. Innis came to me and said, that I must write a copy of a will for him, accordingly I did, he was not satisfied with my doing it, he said I must take it to a schoolmaster, as he wished to have a good copy of it; I took it to a school-master in the Maze, and agreed to give him two shillings for the copying of it, and afterwards I had it again from the schoolmaster, and gave it to Mr. Innis. I wrote it first from an original one.
Q. Did you ever see Mr. Innis do any thing with it afterwards? - No, I see that on the will that I brought home, I see a little boy write the name of Thomas Gardiner.
Q. To that will that you brought and delivered to Mr. Innis, you see the little boy write something; what was it? - It was Gardiner, I think, Thomas.
Q. Do you know that boy's writing? - I cannot pretend to swear to it.
Q. Have you seen him write often? - I have seen him write sometimes.
Q. Did you ever carry more than one? - No more than one.
Q. At the time you saw the little boy writing something, did you know the name of Andrew Bowman? was the name Andrew Bowman to the paper? - I cannot particularly say, whether it was, or was not.
Court. Who was present at the time the boy wrote the name of Gardiner? - I cannot say who were present, there was some person present.
Q. Recollect? - I cannot charge my memory.
Q. Do you recollect who was there at the time that this little boy signed Thomas Gardiner? was your brother there? - I cannot tell whether he was or not, I cannot charge my memory with it, I think he was not, I cannot be positive.
Q. Can you swear that he was not there to your knowledge? - I cannot say he was or was not.
Q. Was his wife there? Was there any woman with him besides Susannah? - I do not recollect any of them were there.
Q. Was Innis there? - I know he was there at the time, I gave him the will, but I cannot say he was there at the time the boy wrote the name.
Q. Was John Borthwick's wife there? - No, I do not recollect her.
Q. Was not his wife there? - He has never a wife as I know of, he has a woman that lives with him, but he has no wife.
Q.Was the woman that passed as his wife there at that time? - I cannot charge my memory, I do not make a minute of things.
Q. What do you believe about it, either one way or the other? - I cannot say which way to believe.
Q. Will you swear that you believe she was not there? - I cannot pretend to charge my memory so far as that there.
Q. This woman lives your brother about that time, and passed as his wife? - Yes.
Q. To Mr. Morgan. Have you the book of the assurance office? - I have that wherein is set down the entry of these policies.
Q.Look to the entry of that policy of Elizabeth? - John Innis of the town of Bedford, for the assurance of his daughter, Elizabeth Innis , of a thousand pounds, at the annual premium of ten pounds a year, if she should live seven years, dated the 23d of April 1791. The demand on Elizabeth was made in February 1792, I believe the demand on Jane was in September 1791.
Q. The certificate of the death, on which that demand was made for the payment of the money, when was it given to you? - The certificate, to the best of my recollection, was given to Mr. Bray.
Q. To Bray. What is become of the certificate? - I believe it is lost; the certificate purported that Elizabeth died the 25th of April 1791, some time in the month of April, to the best of my recollection, it was the 25th.
Mr. Wood to Mr. Morgan. I believe they cannot demand the money if they die within the first year? - Yes, for six months.
Q. That is at the option of the proprietors? - They do it on discount.
Mr. COOPER sworn.
Q. Do you know any thing of the prisoner Innis? - I have some recollection.
Q. Where did she live in 1791? - I don't know I am sure.
Q. Did you live with your master 1791? - I came to him just the beginning 1792.
Q. Do you know when? - No, I do not, I am sure.
Court. He says he thinks not.
Prisoner. This Elizabeth was my daughter, she was insured at the insurance office, and she died very suddenly after; after that my other daughter died, and I had the money, and I did not know that I was entitled to the first money, till I was told of it; so as I thought I was entitled to it, I would have it, so as I pursued after the money, and this witness of mine, he had a little bit of ill will; I am sure that it was done out of spite, and they think that I have a great deal of money, and they wish to knock me off, to have it.
I live in Billiter-lane, I am a carpenter by trade, I have lived five years in this town.
Q. Did you ever live at Edinburgh? - About five years, I knew the prisoner, Innis at Edinburgh, he lived at Cannongate, at Edinburgh, I was intimate with him.
Q. Where did Mr. Bowman live? - He lodged at the house of a Mr. Boyd, at Leekes, when I knew him, he was a captain of a vessel.
Q. Where did he trade to? - I cannot possibly say.
Q. You don't know where he traded to? - I do not.
Q. Was you in South Carolina in the year 1778 or 1779? - Yes, I was at Charles Town, I was there till the year 1783, the latter end when I came away.
Q. Did you see the captain, Andrew Bowman there? - Yes, I did.
Q. Where did you see him? - I see him at a public house in Bread-street.
Q. Are you sure that it was Captain Bowman? - I am positive.
Q. Did he return again with some trading vessel in the year eighty-three? - Yes.
Q. Now then do you know whether he died in that year or not? - He did, I am sure.
Q. What reason have you to know that he died there? - I called at the public house and asked for him, and the landlord gave me information that he was dead.
Court. Was you very intimate with him? - Yes.
Q. Have you seen him write often? - No, I don't know that ever I did. I have seen him often.
Q. Did you ever see him write? - No, I never did see him write to the best of my recollection.
Mr. Fielding. Was you particularly acquainted with Innis's family? - I was acquainted with Innis himself in Edinburgh.
Q. Did you come immediately from Edinburgh when you came to town? - Yes.
Q. About what time did you know Innis in Edinburgh? - In the year seventy-six and seventy-five, I knew Innis there.
Q. What way of life was Mr. Innis in? - He was in the chemical line, I have been told.
Q. Had he any fixed residence at the time you knew him? - Yes, he had then.
Q. How long ago is that? - About seven years ago.
Q.Was he in Scotland seven years ago? - Yes. he was.
Q. Will you take on yourself to swear that he stayed in Scotland for a twelve month, seven years ago? - He had a room, I cannot say he had a house, but he had a place of abode that he frequented.
Q.Was his family with him? - I think his family were with him, but I am not certain.
Q.Seven years ago, had he his daughter living with him in Edinburgh at that time? - I cannot say that.
Q. You knew him intimately? - Yes.
Q.And yet not know his family? - I have seen a wife there and children about, and I have seen children in the house.
Q.Seven years ago, children of what age? - I see a girl about twenty or twenty-two, whether she was a servant girl or his daughter, I never enquired of him.
Q. What do you mean to say that you don't know whether this girl of twenty-two was his servant or not? - Mr. Innis being in a public line of business, I was a patient of his sometime; I made but a very short stay at his house; I had no occasion to enquire after his family, or any thing of that kind.
Q.Then you know nothing more of him then what merely arose from his occupation? - No.
Q. Then in truth you don't know whether he had any family living with him in Edinburgh or not? - I have seen several people about his house, but whether it was his family or not? - I cannot sell.
Q.How long was you his patient? - About six weeks.
Q.Had you any other connection on north with him than being his patient for six weeks? - No, I had not, I knew very little about him or his family.
Q. Did you know any thing of him when he lived at Bedford? - Nothing at all.
Q. Do you know any thing of his daughter or sons that he might have living or not? - Not at all.
Q. Do you know any thing about his daughter dying? - I heard of one dying at Bedford.
Q. Who have you heard it of? - I have heard it of different people, of Mr. Innis's acquaintance.
Q. Who are they? - I have heard it from himself and from different people.
Q. From himself first, when was that? - Upwards of half a year ago.
Q.Where was it you heard him say any thing about this? - In his own lodging, then in Leadenhall-street.
Q. What did he say about his daughter at that time? - He told me of his misfortune of the death of his girl and what not; I did not enquire into the situation of his family.
Q.Of what girl was this that he spoke? - Of that girl that died, that he lost at Bedford, a daughter of Mr. Innis's.
Q.How came he to tell you any thing about it? - My being an acquaintance of him at Edinburgh.
Q. How came he to know any thing of your being in town? - I see him in town, promiscuously walking in town, and asked him where he lodged, and he told me, and I went and called on him.
Q. You never knew any thing about his daughter of whom he chose to tell you something unfortunate yourself? - No.
Q. Did you know any thing of this man when he lived in Southwark? - Yes, when he lived in the Southward.
Q. In Southwark, in the Borough? - No. I did not.
Q. Do you know any thing of Borthwick? - No, I do not indeed at all.
Q.Was you ever in Glasgow, in you life? - Yes, I have been in Glasgow.
Q. So then you knew a man of the name of Bowman, living in Edinburgh. What acquaintance had you with him? - I saw him at the house of Mr. Boyd, about seven years ago, I first knew him there.
Q. Did you know much of him there? - I was not particularly acquainted with him, it did not lay in my line of business to be acquainted with such a gentleman as Mr. Bowman was.
Q. You never saw him write? - I never saw him write.
Q. Do you know Mr. Pulley, a proctor? - I do not indeed, I know nothing of him, I never see him to my knowledge in my life.
Q. Then you never told him that you had no knowledge of the Death of Bowman? - I never told him any thing of it in my life, nor ever spoke to the gentleman to my knowledge.
Mr. Wood. Did I understand you right that you first became acquainted with Mr. Innis in the year one thousand seven hundred and seventy-six? - Yes.
Q. Do you know whether Mr. Innis and Bowman were acquainted together? - I believe they were related; I think I see Mr. Bowman once in the house with Mr. Innis.
Q. Did you ever belong to the eighth regiment of foot? - Yes.
Q. Did you work in Charles Town for any body? - Yes, for Mr. Chambers, a tin man.
Q. Do you remember being acquainted with a person of the name of Bowman? - Yes.
Q. What was Bowman? - A captain of a vessel.
Q. Did you do any work on board that vessel for him? - No.
Q. Did you do any work for Bowman at Mr. Chambers's? - Yes, I had a copper belonging to the ship to tin there.
Q. Did you see captain Bowman coming there? - Yes.
Q.When was this? - In the year eighty-two.
Q. In what year was that? - In the year eighty-three.
Q. Do you know whether captain Bowman went away and left Charles Town after you mended the copper? - I was informed, by the master, that he went a voyage.
Q. Did he return? - Yes; and died there in the year eighty-three.
I belong to the New-river Company.
Q. Was you in Leeke, in Scotland, in the year seventy-one? - Yes.
Q. During that time did you know a person of the name of captain Bowman? - Yes, he belonged to a vessel.
Q. Where did he lodge? - At Mr. Innis's, the sign of the Red Lion, at Leeke.
Mr. Knowlys. Innis was an inn-keeper? - Yes, he kept a public house.
Q. He had no other way of living then? - No other that I know of.
live in Little Tower-street.
Q. What is his real name? - Wood.
Q. Do you know his father and mother? - Yes, his father was a soldier, and his mother lived in Cannongate, Edinburgh, and sold things.
Q. Do you know the birth of this boy? - Yes, I think I can come pretty near about it, his father and his mother's name
Mr. Fielding. Do you know him by the name of Borthwick? - He has called himself so since he came from the country to the prison.
Q.What he never went by that name before? - I cannot tell.
Q. Don't you know whether he passed by the name of Borthwick before he went to prison? - Never that I knew him.
Q. Do you know his brother-in-law, Thomas? - Yes, I know him very well.
Q.Doth he take the name of Wood or Borthwick? - Borthwick.
Q. How came John to take the name of Borthwick? - I cannot tell your lordship that.
Q. Your name is Douglas, now are you any way related to the prisoner at the bar? - No.
Q. What was you maiden name? - Innis, only a name sake, and by blood and clan, we are all brothers and sisters from Adam.
I live in Green Arbour-court, in the Old-bailey.
Q.Did you know his mother in Edinburgh? - I did.
Q. How many years do you remember him in Edinburgh? - Till he was about nine years of age.
Court to Bray. What aged man was the person that appeared as Gardiner? - An elderly person; by his appearance I should think him sixty years of age.
Prisoner. I had not a son about ten years of age at that time; I have no son but what is twenty-two. The attorney can shew a letter that I received the twelve hundred pounds, and they have spite and malice against me, and in ten minutes time I could send over for a person that would prove that they said, they would spite me, one way or the other.
GUILTY . Death . (Aged 60.)
Tried by the London Jury before Mr. Justice BULLER.
184. THOMAS GREDNER otherwise GARDINER was indicted for that he, on the 9th of December , feloniously did utter and publish, as true, a certain false, forged, and counterfeited will and testament, with the name Andrew Bowman , thereto subscribed, and to bear date the 25th of January 1782, and to be signed, sealed, published, and declared by him as and for his last will and testament, with intention to defraud Sir Charles Morgan and Thomas Wright , Esq .
NOT GUILTY .
I live at No. 101, Great Tothill-street ; I keep a clothes shop . On the 12th of February I lost two pair of shoes, and four pair of white stockings, I missed them from the window, I was not at home at the present time, not till after.
MARY WATMORE sworn.
I am the wife of the last witness. James Shaw and another man came into my shop about five o'clock in the afternoon, on the 12th of February, I was in the shop at the time; the other man offered me a pair of stockings to sell, speckled worsted stockings; in the mean while I was examining the stockings, this James Shaw got behind the other man towards the window, I saw him do that, I did not see him take the four pair of stockings, but the four pair of stockings were missed out of the window, and two pair of shoes, I heard a rattling with the shoes in the window.
Q. Did you miss any thing before they went out of the shop? - Immediately I thought he was stealing something, and I looked at the shoes, and I saw two pair of shoes in his pocket.
Q. Two pair in one pocket? - Yes, and I took hold of him, and took the two pair of shoes from him.
Q. Was the other man in the shop then? - Yes. I fetched him a slap of the face, and he pushed me against the door, and ran away; the man went away at the same time; I did not miss the stockings till after he was gone; I missed the stockings directly as he was gone out; I did not know where he was gone to. About two hours after there came another young man in, and I told him of it; about ten minutes after, this young man came in again and said, I believe the man is in the other clothes-shop; I went into Mr. Wright's, the other clothes shop down the street, I found him there; my husband and I went down to see, my husband was come home then; my husband asked me whether that was the man? I said, yes, I am sure it was the same man; we brought him up to our shop, and he said he never was in it; but he pulled out a pair of speckled stockings out of his pocket, which was the other stockings that the other man offered to sell, and a pair that was our own, a cotton pair, one that was missed from the window; the other three pair I don't know what became of them, he had not them about him. The things are here.
Prisoner. I never was in that shop all that evening.
Charles Vatmore . I was present when the prisoner was taken in the other shop; as soon as he came into our shop he pulled out the two pair of stockings; I took hold of him in the other shop, and brought him back to my shop; he said at first that he had got no stockings, only a pair of worsted ones; when I brought him back he takes and pulls out a pair of worsted ones, and a pair of white cotton stockings that were mine. These are the stockings.
Mrs. Watmore. The stockings are marked with two E's on the leg.
Q. Are you sure that they were your stockings that were in the window? - I am. These are the shoes that I took out of his pocket, they are mine.
Prisoner. I never was in that shop all that evening before her husband came to take me in, which I had the worsted and cotton stockings in my pocket, there are many stockings that have the same marks as them. I am come above two hundred miles from my country; I belong to the third guards .
GUILTY . (Aged 27.)
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON.
I live with John Fieldsend. On TuesOxford-street , near Mr. Fieldsend's house,) which I supposed to be Mr. Fieldsend's, when I went in I asked Mr. Fieldsend if he had lent his goods to a neighbour?
Q. You did not see the man come out of the shop? - No. Mr. Fieldsend answered me in the negative; from that I pursued the prisoner into Dean-street; I see him go down Dean-street, when he looked back, and, I suppose, seeing me pursuing him he let the goods fall and ran away; when I called stop thief, several people pursued him, amongst the rest a soldier of the name of Nicholls, who will appear; he was taken in Soho-square; I stopped with the goods till a person of the name of Foster, who lives with Mr. Fieldsend, came and took him. The prisoner had turned the corner of Carlisle-street.
Q. Can you say that the prisoner was the man that had the things on his back? - I cannot positively say that; I followed him when Mr. Foster had the care of the gods, and came up with him in Soho-square; when I came up with him he was taken to Bow-street.
Q. Why did you take him up if he was not the man that had the goods? - It was not me that stopped him, he was stopped by other people.
- FOSTER sworn.
There was an alarm in the shop of a man taking away some printed cotton; they were not laying in the shop, they were out at the door; I am in the shop of Mr. Fieldsend. I went to the door, and the people told me that the man was gone down Dean-street, and I pursued, and I saw the printed cottons thrown down on the ground, and our man standing by them, the other man had gone first. I know nothing, only that these are the very goods.
Not GUILTY .
187. ROBERT PATCH was indicted for stealing, on the 14th of February , a silver watch, value 3l. a canvas purse, value 1d. three guineas, half a guinea, and thirteen shillings in money; the goods and monies of Richard Tubb , in the dwelling house of John Plant .
I am a labouring man; I live at Hampstead at present. On the 14th day of this month, I was up in Oxford-road, and this prisoner came to me, and asked me what countryman I was? (it was in the street) I told him I came from Reading; and he told me he had just come out of that country; in walking along we meets another man, and after we had passed by him the prisoner picks up a small parcel.
Q. Did the other man join you before the parcel was picked up? - No, the other man was going on, he did not speak to the prisoner nor me, and he says to me, I have picked up a prize, and as we are both countrymen together, we will go share alike in it, he said, we will go to some public house, and we will open it; he had me into one public house, and he says, this house will not do; this was on the one side of Red Lion-square; then we went a little further and went into another a little beyond Red Lion-square.
Q. Do you know what house that is? - No. And he says, this will not do.
Q. Did he give any reason why these two houses would not do? - No. And
Q. Was that the man that passed you in the street? - I don't know. He says, we have found a prize, and I cannot read it, I wish you would be so good as to read it to let us know the consequence; and the other man took hold of a bit of paper, and he said, a noble prize indeed! The bit of paper was opened, it contained a bill and receipt for two hundred and twenty pounds.
Q. Could you read? - No.
Q. What was there with this paper? - There was something in a little pocket book, there was some sort of a cross, a diamond cross, and the other says, I suppose, as you are two countrymen together, you go share alike in it, and the other says, how would you part it if the other has not got cash enough to give the other his part? then the prisoner says, I have got an acquaintance that lives near here, where I can borrow seventy guineas, and give this man, and the rest will be my own; he sets out, and was gone pretty nigh half an hour.
Q. Did the other man stay with you at that time? - Yes, he did; and when he came back he said, the gentleman was gone out that he wanted to see, and his lady had but two guineas in her pocket, and says the other man when he came back, I keep a public house in Oxford-road, and he says, you may as well come up to my house and part it; but, says he to me, you must let me have your money and your watch, to bind you that you shall both come to my house; and says he, pull your money out, and says he, let us see what you have got; and I pulled my money out; in looking as it he catches hold of it, and says let us have the purse and all; now, says he, give me your watch too; he took the watch out of my hand as soon as I took it out of my fob; as soon as he got it he shot out of the door, out of the public house, the other way; as soon as I came out I said to the prisoner, where is the other man? I see him go out; he said he did not know; I stared him in the face, and I said, then I am done, and I says to him, come you shall go up along with me, and see where the Green Man is; he had said that he kept the sign of the Green Man, in Oxford-road, and we went up and found the Green Man, and when we came there, there was no such man lived there.
Q.Whereabouts did you find the Green Man? - In Oxford-road, he said his name was White, and there was no such name kept it as he had mentioned.
Q. Did the prisoner take you there to the house of the Green Man? - Yes, he did. I knew there was such a house, I found it out myself some time ago there. I stared up in the prisoner's face and I said, this is a dead take in between you two, and he says, if you will go along with me to such a street, I could find an acquaintance that will let me have two hundred pounds, and I can pay your money; he then mentioned the name of the street. He had me down a street, I don't know what street, I am a stranger to town, and there was a couple of young lads stood in the street, and said to me, farmer, don't go along with that old villain any farther, for he is going to take you to a place where you will have your brains knocked out; I then took him by the collar and told him he should go along with me back, and as I was leading him along there was a gentleman came up to me behind, and he calls to me, farmer, says he, what are you done out of your money? I says, yes, sir; says he, bring him back here, here is the office up here. I brought
Q. What became of the fine property, the diamonds? - The other man went off with that. On the 18th of that month we were ordered to meet in court to be reexamined again, and when I went there there was one of this prisoner's acquaintance came there and offered to make it up, he would bring me my watch and money again.
Q. Was the prisoner by? - No, not at first, but he was afterwards; he said he was a friend of his when he was abroad, and he thought he would come to see what he could do for him.
Q. Did you get your watch and money again? - Never.
Q. How much was there in the purse? - Three guineas and half in gold, and thirteen shillings in silver.
Prisoner. I never had the man's money at all. he gave it to another person.
Prisoner to Prosecutor. Had I your money? - You was at the doing of it.
Prisoner. I know nothing at all of the matter, he said he would take forty pounds for his part? - He said he would go and fetch me seventy guineas.
Prisoner. I have got nobody here, I was abroad with Lord Cornwallis in America seven years, and with Sir John Erskine.
GUILTY, Of stealing but not in the dwelling house ,(Aged 65>.)
Transported for seven years .
JOHN THOMAS sworn.
On the 21st of January I lost the deal boards, I came from Dean street, Maryle-bone, I was informed by one of my men that somebody had broke in and took some of my boards. I know nothing myself of the robbery, no more than I was told by the witness.
On the 21st of January last I was in Thomas's Buildings, I saw the prisoner at the bar come out of a house with three deal boards under his arm, I said to him where are you going with these? he said nothing to me then; I said again to him where are you going with this? says he, I am going to the saw pit, this was between eleven and twelve at night. I said who set you to work at this time of night? I said, Conner, this is a very bad subject, he dropped down on his knees and begged of me to say nothing, and he put down the boards into the saw pit, the one part of the boards were down the saw pit, and the other out. In the morning when I got up to go to work for Mr. Thomas, I work near within a hundred yards. I was rather astonished to think they were gone, after I accused him with them, I goes to the door and found the door was shut, in the course of an hour I saw one of Mr. Thomas's men and told him of it, and he told his master.
Q. Did you know they were Mr. Thomas's boards? - It was not probable any other boards would be in Mr. Thomas's house. I knew but little of him; where he lived, and where I live, and where he did the robbery is all within about one hundred yards; I know him merely by working on the same ground.
Q. When you went in the morning did you find three missing? - I did not, because I have so great number in the house.
Prisoner. May it please your worship I am a poor labouring man , and unable to see a counsel, as your lordship is my judge, I humbly hope you will also become my advocate. Your lordship finds I am charged with stealing some boards, I work for Mr. Dover, in Edward-street, May-fair, there was a carpenter there putting a flooring in the house; after leaving off work, the carpenter asked me to take some boards to another building, which I accordingly did; after that we drank together, in going home I found a board near the spot, which I took up, and thinking it belonged to the rest, and I put it down a saw pit, thinking it belonged to the carpenter who sent me before with the other, but the other carpenter came up and took me into custody, charging me with the intention to steal. Your lordship will find there was no property lost, nor no intention of committing felony.
GUILTY . (Aged 25.)
Tried by the first London Jury before Mr. Justice BULLER.
189. JOHN DAVIS was indicted for stealing on the 13th of February , eight yards of rope, with an iron hook fastened thereto, value 8s. the goods of John Stephenson, the elder , John Stephenson , the younger , and John Blackmore .
I fastened the ropes in Peter-street, Westminster , at the corner of the Windmill, while I went in and when I came out they were gone, and I said to my fellow servant, I have lost my ropes; and the gentleman said, if you will go along with me I will shew you the ropes and man; and I went and took the prisoner with the ropes on his back. John Davis was the man that had the ropes at his back. It was the same rope I had lost, it was my master's.
I am a patrole of St. Margeret's, I was going to the watch house about a quarter before nine, I saw the man with the rope at his back, I went up to him and asked him how he came by it? he said he found it about two hours before with a load of dust; says I, you must come along with me to the watch-house, and he had not been in the watch-house half an hour before he owned he took it from the dray.
Prisoner. I had left my master about half an hour, and I was coming out of the Windmill where they were laying this beer down, and I saw this rope in the middle of the road, and I picked it up and put it across my shoulder, and I was taking it to my mother's house, and my mother was not at home, and I was going down to my master's house, and I was taken.
Court to Maitland. In what manner had you left this rope? - I lapped it up round and round as we always do, and left it on the dray with the pin, and when I came out the rope was missing, and the pin was in the street.
GUILTY . (Aged 14.)
Publickly Whipped .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
STEPHEN COLLETT was indicted for stealing two quartern loaves, value 8s. 2d. the goods of Charles Day .
I lost two quartern loaves of wheaten bread, Saturday, the 25th of January last, I was serving in Basinghall-street , I left my basket, and went home for a few raspings for a customer; I returned in about ten minutes, and when I was coming back to my basket, a person told me that he believed the prisoner was watching my basket, I immediately went up to my basket, and I saw the prisoner take the bread out, I went after him and came up to him, and took them from him, he had got them in an apron before him.
Q. Did he walk off with them? - Yes, he was gone from the basket about ten or a dozen yards, I took him, and there was a constable just by, and I gave charge to the constable.
Q. But they are laid to be your property? - Because I am obliged to pay for all I take out, that is the rule at our house.
I am a patrole of Whitecross-street, St. Luke's parish. I saw the man take the bread, the basket was standing right opposite Church-alley, in Basinghall-street, he took one loaf, and then he returned again and took another.
Q. Did you take the loaves from them? - No, the constable did.
I was sent for to take the loaves out of the prisoner's apron. These are the loaves, they have been in my custody ever since, I did not see him take them.
Day. There is no particular mark on them.
Prisoner. I was in great distress at this time, I had been out of work thirteen weeks, and had been bad with a fever, and had a little child bad with the small pox, and my landlord when I got a little better, he was going to seize all my goods; I attended the market in the morning, to do what I could, I was almost starved at the time, we had but a two penny loaf between my wife and child for two days.
GUILTY . (Aged 38.)
Imprisoned one week , and fined 1s .
Tried by the London Jury before Mr. RECORDER.
Q. Did you lose a flag flail and twenty-five pounds weight of Malaga plumbs? - Yes. On the first of February, Saturday night, I lost them from my shop, No. 9, Snow-hill , the prisoner and another woman came into the shop together, we were very busy in the shop at the time serving customers, many people in the shop; this woman took the plumbs and gave them to the other woman that was in company with her, that was on the other side of the door.
Q. Was there three, two in the shop and one at the door? - No. Afterwards
Q. Were all the plumbs in the shop belonging to you? - Yes.
Prisoner. I never saw the man, and there was no woman with me, my husband then laid a dying, and he has been dead since I was in goal; there was no woman with me.
Prosecutor. I laid hold of her arm while she was handing them out to the other woman.
Jury. Where were the plumbs? - On the further side of the shop, near the door, about two yards from it.
The prisoner called one witness to her character.
GUILTY . (Aged 36.)
Imprisoned six months in the house of Correction and fined 1s .
Tried by the London Jury before Mr. RECORDER.
I am a taylor , I lost a flannel jacket on the 21st of January, Tuesday; I keep a shop for ready made clothes , in Beech-street, near Cripplegate Church , I observed the prisoner near the premises, I suspected him and I passed my door and crossed over to a neighbour, Mr. Perry's, a broker; Mr. Perry and me see one take the jacket; I saw this prisoner take the jacket from the man that took it, it was a flannel jacket, the other man took it from over the door, or between the door, which was wide enough for to admit him taking it out, it was rather dark, about half after five or not so late, I went and laid hold of him and he had the property on him, he said he had not stole any thing in bringing him into the shop; Mr. Perry sent his porter to my assistance, he dropped the jacket from him within a few yards of the door.
Q. You had no property but what belonged to you in that shop? - No.
Q. Have you kept the jacket from that time to this? - The constable has.
Q. What may be the value of it? - It is stated at three shillings and six-pence, that is under the value of it.
I am porter to Mr. Perry; Mr. Hayward came over to Mr. Perry's on purpose to see what they would do, and Mr. Perry asked him to come in, he suspected something, and my master said, there! there is somebody taking something away; he told Mr. Hayward to run, accordingly he did run, and overtook the prisoner at the bar at the corner; I see him run after the prisoner and see him stop him.
Q. Did you see what the prisoner had on him? - They were wrestling together when I ran after him and the party he was darted from him almost, and I said stop my friend, you are not gone yet. By bringing him along towards the shop he dropped the flannel waistcoat from under his coat, a brown coat which he had on, I see him drop it, rather a loosish coat, he dropped the waistcoat and I picked it up and brought it into the shop, I left it there upon the counter.
JOHN NEGUS sworn.
I am a letter founder by business, and I am a constable and patrole in the ward of Cripplegate, the prisoner was taken before I went, Mr. Hayward gave me this waistcoat; I have kept it ever since.
Q. You took the prisoner into custody I suppose? - I did.
Prosecutor. This is my waistcoat.
Prisoner. Please you, my lord, I was going down Beech-street, between five and six in the evening, going to Barbican, a man ran past me and delivered the waistcoat into my arms, and before I could recover myself to see what it was, this gentleman came and took me.
The prisoner called two witnesses who gave him a good character.
GUILTY , (Aged 23.)
Tried by the London Jury before Mr. RECORDER.
Q. Are you bound to make good any thing that is booked? - Yes.
Q. Was this box of soap booked? - Yes.
Q. By you? - Yes; it came on Friday the 24th of January, about eleven o'clock in the day, I put it under a shed in the yard, I missed it between eight and nine, Monday night the 27th.
Q. Did you see the prisoner take it? - No.
Q. Did any body else see the prisoner take it? - No, not that I know of.
Q. What did you do when you missed it? - I applied to the constable and he brought me intelligence the next day and I saw it at the office house the day after I lost it, on Tuesday morning, the officer had taken it, Joseph Green, he lives in Goodman's fields.
Q. How do you know that to be your box that you saw with the soap? - I can swear to it by the directions on it, Mr. Sexton, Ware, Hartford.
- SHORTLAND sworn.
I am a carman to Samuel Cleves, soap boiler.
Q. Did you ever deliver a box of soap to the Catherine-wheel-inn? - Yes; on the 24th of January, I paid two-pence for booking of it, and saw the book keeper book it.
Q. What day of the week was it, do you remember? - Friday.
Q. Should you know it again if you was to see it? - Yes.
Q. Where was it to go? - To Ware, in Hertford, it was to go on Saturday, but they had more goods than they could take that day, and so it was left till the next week.
Ager. It was so.
I am a constable of the City. On the 27th of January last, in the evening about twenty minutes before nine, going down Houndsditch I saw a coach stop at the corner of Gravel-lane, I was then on the same side of the way, when I saw the coach stop there I got the other side of the way, and I saw this man here packing this chest out of the coach.
Q. How came the man of the inn to know any thing about it? - Mr. Sapwell and I enquired at every inn there, and I found that they had lost it; I gave notice to Mr. Ager, and they came to my house and owned it; that was on Tuesday.
Prisoner. As I was coming down Bishopsgate-street, there was a gentleman came to me and asked if I would earn a shilling.
Court to Ager. Is that the box that you lost? - It is, the name is wrote on it in full length.
Prisoner. He said it was to carry this box to the second turning, the upper end of Houndsditch, and if he was not there to carry it to Winfield-street, and as it was slippery to put it in a coach to carry it to Houndsditch; when I came to Houndsditch, as he was not there I was going to carry it to Winfield-street; they took me into custody at that second turning; there was nobody with me to have any witness.
Court to Ager. What may be the value of it? - Four guineas.
GUILTY . (Aged 27.)
Transported for seven years .
Tried by the second London Jury before Mr. RECORDER.
194. FRANCIS JONES was indicted for stealing, on the 18th of February , a canvas bag, value 1s. fourteen pounds weight of carrot seed, value 10s. 6d. two pounds weight of savoy seed, value 1s. four ounces of cabbage lettice feed, value 1s. the goods of Charles Mynheer , William Mynheer , and Robert Fare .
Q. You are a seeds man ? - Yes.
Q. What do you know respecting the loss of these articles? - The articles were put into the cart, as is the usual way, when the cart was coming into the City and were lost, they were put into the cart last Tuesday afternoon, I directed the parcel myself in the morning, it was packed by myself, or by order, however I was present, the articles were fourteen pounds of carrot seeds, two pounds of savoy seeds, and four ounces of lettice seed.
I am a carman; I put several articles in the cart.
Q.Do you know what these bags contained? - All kinds of seed.
Q. Did you know that that bag was put into the cart? - Yes.
Q. Did you know the contents of it before it was put in? - No.
Q. Where was you directed to take that cart and bag to? - To the Horse Shoe, in Goswell-street.
Q.Was it to go by any waggon from thence? - By the Peterborough waggon; it was directed to Thomas Fletcher, of Peterborough.
Q. You had other articles in your cart, which you was to leave somewhere else? - Yes.
Q. What time of the day did you put it in your cart? - Between four and five o'clock.
Q. Did you set out with your cart? - Yes.
Q. Did you miss any thing out of your cart before you went out? - No.
Q.What was the day of the month? - The 18th of this month.
Q. What do you know about losing any thing? - I was sitting in the cart with the reins, a man comes up to me and said, there is some person taking something out of your cart. I missed it the top of Long-lane, it leads out of Smithfield into Aldersgate-street .
Q. Is that man here? - No. He said if I ran down Aldersgate-street I should meet the person; I left my cart and went after him.
Q. Did you leave any body in charge of your cart? - No.
Q. Why you might have lost all the other things out of it? - I might, my lord.
Q. Then at that time you had not missed the bag yourself from the cart? - I had not.
Q. And was you so imprudent as to leave your goods and the cart? What did you do? - I found this man, the prisoner, with this bag under his arm; I saw him coming out of a court that leads into Aldersgate-street; one of his acquaintance hallooed out to him, he directly jumps down in the street and lets the bag fall, there were two more with him, one of them hallooed out to him a word, boy. I picked up the bag and hallooed out stop thief! a man on the other side of the way catched hold of him by the breast, and held him till I came to him and seized him.
Q. Had you seen him at all about your cart, or following it? - No, I did not take any notice.
Q. How far was it from the place that the bag was dropped, that the man was collared? - Not fifteen yards.
Q. Is the man here who collared him? - No, he is not. The man held him till I came up to him, and I took him into a public house till a constable came, and I gave charge of him, and kept the bag in my hand.
Q. Then you swear you never lost sight of the prisoner from the time that you saw him with his companions, and from the time that he dropped the bag, till he was collared? - Never.
Q. And you are very sure that the man that you took from the public house, was the man that dropped the bag? - Yes.
Q. What became of his companion? - I never see any thing of him after.
Q. Did you see the bag opened afterwards? - It has never been opened from that time to this; the bag was delivered to the officer.
Q. Who has had the possession of that bag? - James Newman, the officer.
Prisoner. Did I make any resistance? - He cried, and said he was ill used.
Court. How was the head of the cart secured? - With the tail board.
Q. Had you stopped any where? - No. The tail board continued up after the bag was taken out.
JAMES NEWMAN sworn.
I am the constable; I was coming up Long lane between five and six Thursday evening, the 18th of this month, one of Mr. Cannon's men told me that the cart had been robbed, and that there was a man wanted a constable at the Coach and Horses; I immediately went there, I found the prisoner at the bar there, Mr. Mynheer's man had him in hold there, the last witness, Mr. Belton, he gave me the bag directly, and gave me charge of the man; that bag has been in my possession ever since, and has not been opened.
Court to Prosecutor. Are there any marks on the bag? - I can swear to the directions being my own hand writing, the four ounces are laid long ways, and packed on the two pounds.
Prisoner. I was going down Aldersgate-street, I heard the cry of stop thief! and some hackney coachman held me by the collar, and laid, here is one of them, and they stopped me; I was in custody five minutes before the man came and took hold of me; I said I was very willing to go any where, where they pleased to take me. I never knew any thing about it.
Court to Belton. You are very sure you saw the prisoner drop the bag? - I did.
The prisoner called one witness to his character.
GUILTY . (Aged 28.)
I live at Turnham-green , with Dr. Myersbach The prisoner came to the doctor's house to enquire for work; I told him that Thomas Ashley , our gardener, was not at work, but if he stayed till he came home he would give him work if he wanted him; he came home in the evening, he did not come home while it was light.
Q. What time of the day was this that the prisoner called? - In the evening, between one and two o'clock; he waited there till the dusk of the evening; I told him our gardener was not at home, to come the next morning.
Q. What time was it you told the prisoner to come the next morning? - About four o'clock in the evening, he went away when I told him.
Q. Did you see any thing more of him afterwards? - Not that evening. The next morning about seven o'clock, I was present, and Mr. Ashley set him to work, that was on the 8th of January, he worked that week all out; the Monday morning he came to work as usual, he worked till Saturday morning breakfast time; Saturday he asked his master gardener to give him leave to go away that evening on some business that he had got for himself to do; the gardener gave him leave to go; and he promised to come again, on Monday morning. I heard that, on Sunday I missed my clothes, I wanted to put them on.
Q.Where were they before you missed them? - Over the stable, I sleep over the stable, I had them on the Sunday before, they were my Sunday's clothes.
Q. Were they in any box, or any thing? - No, only hung on pegs.
Q. Did not you miss your things on Saturday night? - No, I did not suspect any thing of that kind. I missed a coat and waistcoat, and a pair of boots; on
Q. You did not make any enquiries after him on Sunday? - None at all; on Monday when he did not come to work I suspected him.
Q. Is there any communication to this room, except through the stable? - No, none at all. I went to Brentford, where I thought I should find them in some of the shops, and then this Thomas Ashley and I, we went to his lodgings at Brentford, (Hasting Sharp's,) there I found my boots, that was all; I went and examined all through Brentford, and I could not find any thing more, and they told me he was gone to another place to work, and that he was gone to market, and that I should meet him on the road; accordingly I went, and I met him by the Pack Horse, on Turnham green; I asked him how he came to take my boots away? he said he had not; I told him then that I found them at his lodgings? he said that he had put them on to get some turnips on Sunday; then I asked him what he had done with my clothes, he denied them; I told him if he would tell me where they were I should be much obliged to him, and will not hurt you? at last he told me where he took and sold them; says he, the person is here who bought them of me; he shewed us himself where he sold them to, to a gentleman at Brentford, a man that deals in clothes, his name is Phillip Mattingly; we took him to the justice's the next day, and he brought the clothes there.
Q.Did you see them at Mattingly's first? - I did not, till he brought them to the justice's.
Q. Were the things that were produced before the justices, the coat and waistcoat that you had lost? - Yes. They are here.
I went with the man to Mattingly's house on Tuesday night, succeeding the Saturday that he went away from me in the morning; I asked this Mattingly whether he had bought such a thing of that kind, as a coat and waistcoat? then Mattingly denied having bought such things, he did at that time; I then returned to Turnham-green, thinking it had been fictious what the prisoner had told me, I met the prisoner on the way, and one Naybour with him; when I met the prisoner I desired he would go back with me to Mr. Mattingly's, he went back with me, and when he came back there, Mr. Mattingly then acknowledged that he bought the things.
Q. What description had you given of the clothes? - I told him it was a light coloured drab coat and waistcoat.
Q. Had you described the sort of man that you supposed had sold them to him? - I mentioned that he must have bought them a very short time before this.
Q. Did Mattingly produce them that night? - No, the next morning they were brought to the justice's, Bland's, at Brentford, that was the first time I saw them, from the time they were stole; in consequence of his being taken up, from the evidence that was given before justice Bland, he was committed to Newgate; the clothes were put into the hands of the constable of Brentford, he is not here.
Q. Who has the clothes? - Naybour.
I buy clothes, new and old, I live at Brentford, near the seven mile stone.
Q. Do you remember the last witness coming to your shop, to know whether you had bought such an article as this
Q. The fact is, you bought a coat and waistcoat? - I bought them of a man much like the prisoner, but I don't know the man.
Q. When did you buy them? - I don't know when I bought them.
Q. How long was it before application was made to you? - Four or five days.
Q. When the prisoner came to your shop, and said, that he sold you the clothes, was it true or not? - I thought it was true, from what the prisoner said, I don't know no more of him.
Q. You had no recollection how long you had been possessed of these clothes? - No, no further than what he said he had sold them me.
Q.Was that or was it not true? - I did not know the man again, if he had not said that he sold me the clothes.
Q. Do you recollect what past between you, and the man you bought the clothes of, whoever that man was at the time? - Nothing more than he asked me if I would buy the clothes? I asked him what they were? he said a coat and waistcoat, he said he was out of work, and he would sell them; I offered him first half a guinea, he said I must give him twelve shillings, I gave him twelve shillings for the coat and waistcoat.
Q. Do you say that you forgot the person that you bought the things of, when it was in less than a week that you saw him again after you had bought them? - I did not know till I saw the prisoner, and he told me that he was the man that sold them me.
Q.What enquiry did you make, of the man that sold you these articles? - I did not make any enquiry. no otherwise than that he told me he was out of work.
Q. Were these livery clothes? - Yes, it had been a livery coat, but it had been turned.
Q.Look at the prisoner? - To the best of my knowledge it is the same man, but I never saw the man before.
Q. How much did you give him? - I gave him twelve shillings, what he asked.
Q. To the best of your recollection the prisoner is the man? - Yes, he is.
Q. Then whoever the person was, the man that they brought, said he was the man that sold you the clothes? where are the clothes now? - Naybour has got it.
- NAYBOUR sworn.
I am a man that works in gardens along with the prisoner.
Q. Do you know any thing of the loss of these clothes? - No.
Q. How did you get this bundle? - I received them of the constable, he is not here.
Q. Can any body say these are the clothes that were found at Mattingly's?
Askley. I see them delivered into the hands of the constable's son (Pollycut.)
Mattingly. I believe these are the clothes I bought.
Postern. I know them fast enough, they are my own clothes, I was at the justice's when they were brought there, and these are the clothes, they were my clothes once, but they have not been in my care since they were stole till now.
Court to Naybour. The clothes were delivered to the constable by Mattingly? - Yes, and Porter swore they were his clothes.
Q. And these are the same as produced by the constable before the justice? - They are.
Postern. These are my boots, there is my name within them on the inside; they were hanging up in the room.
The prisoner called four witnesses who gave him a good character.
GUILTY . (Aged 16.)
Q.Were any geldings missing at any time? - Not before them two; that was the 8th of January, I don't know the day of the week, this here man came into our yard, and he wanted an employment; it was about eleven o'clock, between ten and eleven.
Q. Do you mean in Lad-lane? - Yes, he said he lived with Mr. Bolton as horse keeper, at Charing Cross; I desired him to ride the horses round Moorfields, Finsbury-square; they were some that had bad colds on them; and I asked him if he knew where our farrier lived? he said he did, some wanted something done to their shoulders, I told him to ride them to him; instead of riding into Moorfields, he rode up Silver-street, across Smithfield into Holborn, and here he sold them. I told him I would satisfy him for riding them out a bit, as he had nothing else to do. He was not in any employ otherwise, when the time was up, I found he did not come back, I began to be rather uneasy about four or five o'clock; he went out with them between eleven and twelve; then I went out to Charing-cross to Mr. Bolton's head hostler, to know if ever he knew such a man, and whether he lived there? he said he did not, but I might hear of him at the Ship, at Charing-cross. I went down there and the master gave me a very bad character. I did not find him, I heard of him; he was taken in the Broad way, Westminster. I never saw him till he was taken, it was in the same month, about eight or nine days afterward, I saw him then at the office, Westminster.
Q. Have you ever seen your horses again? - No.
Q. He did not ask you to ride them out? - No, I asked him to ride them out for an hour or two, and would satisfy him.
Q. What were they? - Geldings.
Q. How many had he? - Two.
Q. What might the value of them be? - I don't know, the horses were in bad condition, worth about four pounds in that condition, but we do not sell them, we keep them when they are worked
I am a horse dealer, the prisoner at the bar brought me two horses on the 8th of January last, nearly about twelve o'clock, Tuesday, I think the day was.
Q. Where did he bring them to? - Oxford-street, where I live; he asked me if I would buy them? I asked him what was the matter with them? he told me they were glandered. I asked him where he brought them from? he told me from Lad-lane; I asked him why he brought them so far? he gave me for answer, that he was going into Piccadilly to fetch a letter bag back, that was left by one of the mail coaches, and that he might as well bring them to me as any body else; he said he was going to the White Horse Cellar. I asked him what he wanted for the horses? he asked me two guineas and a half for them; I told him it was more than I gave any body at that time of the yeat, I would give him but two guineas; he said when he lived with Mr. Parminster I always used to give him a shilling when he brought a horse for himself; I told him I would not go from that rule, I would give him a shilling for each horse, besides the two guineas, which I did; he had lived with Mr. Parminster, Duke-street, Manchester-square.
Prisoner. That there gentleman told me that the horses were glandered, and told me to try to sell them some where.
White. It was some days after this that Mr. Smith and another gentleman that is here, asked me if I did buy two horses? I told them I did; they were both glandered, to the best of my knowledge, it is impossible for any hostler, or any doctor, to swear positively to that kind. I took them to be slaughtered the same day myself, and Mr. Smith called on me after he had apprehended the prisoner. Mr. Smith called at my house, and I told him they were down in the inspector's book; one was a chesnut, very much rubbed, and the other, I think, was a dark bay, or a brown, I am not clear to that.
Court to Smith. What was the description of these horses that you lost? - One was a chesnut horse, cut a little with the barness; the other was a brown bay.
Q. You never see them after they went out of your yard? - Never.
Prisoner. I was in the public house, the corner of the gateway, and the hostler asked me if I would have a ride? why, yes, says I, I don't care if I do; he went up and asked me if I would ride them geldings? when he got them out into the street, he said they were glandered, and says he, go try and sell them, and I knew this gentleman in Oxford-street, that he bought horses, and I went to him and sold them; and I had to go to Piccadilly and I never returned again.
Court to Smith. Are you positive that you never held any language to this man that he could understand that you wished him to sell them? - Nothing at all, upon my oath.
Q. Were the horses glandered? - I cannot say they were, or were not; the chesnut horse had some little appearance of it, but the brown horse had no appearance at all.
Q. Did you give him directions to go to the White Horse Cellar? - No, none at all.
I took the prisoner on Friday the 7th of January.
GUILTY . Death . (Aged 20.)
Tried by the first Middlesex Jury before Mr. RECORDER.
ABY TORY was indicted for stealing on the 9th of February , a linen patched wash cover lid, value 4s. a woollen rug, value 1s. a woollen blanket, value 1s. two woollen ironing cloths, value 1s. the goods of Edward Reynolds .
Q. Did you lose the things in the indictment at any time? - Yes. On the 9th of this month, Sunday, I lost them from a back parlour, they were took from the children as they lay in bed.
Q. Did you see them taken? - No, it was in the night about nine o'clock, the watchman stopped the prisoner with the things under his arm in the street.
Q. When did you first know the things were missing? - The watchman alarmed us, we were in bed, it was a quarter past ten, I got up and my wife, and we went down, and missed the things directly.
Q. Did you know these things to be your's? - Yes.
Mr. Knowlys. You know the prisoner? - Yes.
Q. He has been frequently at your house backward and forward? - Yes, several times.
Q. You are very well acquainted with him? - He used to sell sugar candy in a basket, and he used to call at the door, and used to buy sugar candy for the children. I have got five children.
Q. You have got a servant maid; the knew the prisoner at the bar as well as you? - She did not do it.
Q.He used to come with the basket with sugar candy? - Sometimes he might not call for three or four months.
Q. Was she up or in bed? - She was in bed when I went down.
I am a watchman, I know the prisoner. Between nine and ten o'clock, on Sunday night, the ninth of this month, as I was coming on my duty,I met the prisoner, and he kept the middle of the street, and I had suspicion of him, and I went to him and asked him where he lived? he said in Whitechapel, and I fetched him down, and he offered me a bribe, and I laid faster hold of him.
Q. What bribe did he offer? - He pulled out some money. I told him I should not have it. When the constable of the night examined him in the watch-house, he gave several excuses.
Q. What did you find on him in the street? - The things in the indictment.
Q. How did he carry these things? - He carried them quite loose, they were only huddled up, he had them in his arm, the constable of the night took them from him, and the constable of the night gave them back to me, and I have kept them ever since.
Q. How far might he be from the house of Mr. Reynold's when you saw him? - Not a quarter of a mile.
Q. Was he going in a direction to or from the house? - Coming from it.
Q. How long have you been a watchman? - A year and a half.
Q. Did you know the prisoner at the bar before? - I think I had seen him the Saturday night before.
Q. I believe it was not above a hundred yards from the house where you stopt him? - It was above five hundred yards.
Q. He said he had got nothing but his own property? - He did.
Q. He was very sober I take it for granted? - I cannot say whether he was sober or not.
Q. Try your memory a little, did you go with him to the watch-house? - I had him to the watch-house certainly.
Q. Did he appear to be drunk? - No, that he did not.
Q.Don't you know that the prosecutor was very sorry? - Not that I could find.
Q. Did not you hear him say so? - I never heard him say so.
Q. Then you did not answer when the prosecutor said so, that he did not with to hurt him, then I will discharge him, but I will have three guineas of him? - No, no such thing passed.
Q. Nor any thing like it? - No,I said no such thing.
Q.Perhaps two guineas then? - Nor two guineas; they have been teizing the prosecutor and I both, ever since he has been put in prison.
Q. What was said about money in the watch-house? - Upon my oath not a farthing.
Q. Did not you say that you would take it? - No.
Q. Not two or three guineas? - I never spoke of any such thing.
Q. Nor any sum whatever? - Nor no other sum.
Q. Did that pass in the watch-house? - They asked me at the watch-house, I told them I was paid by the parish, and would do parish duty.
Q. Did not you say that you would take three guineas, or two guineas, and discharge him? - I told them always when they offered me that I would take no money.
Q. What do you say at your offering to take it? - I never have offered to take it, upon my oath.
I am a servant to Mr. Reynolds.
Q. How long have you been his servant? - Two months.
Q. Was you at home when the house was robbed? - Yes.
Q. Were all the family out? - The prisoner came to the door, and asked if he should leave the basket there? between six and seven on Sunday evening. I said no, and he went about a dozen yards, and he turned back again, and he said shall I leave the basket? I said no, to him; says he to the little boy, don't you know me? the little boy said yes, one of the children of the family. The things were missing about a quarter after ten, he was there between six and seven.
Q.Where were the the things missing from? - The back parlour.
Q. Is not that where the children are? - Yes.
Q. Was any body else at home at that time but you? - Nobody but me and the children.
Q. How many children are there? - Five.
Q. Did he come into the house at that time at all? - He followed me into the back parlour, and put his basket down on the floor,and I lifted it up into the chair; and he said by and by I will call for it again, and that was all that passed.
Q. Did he leave it there then? - Yes.
The remainder of this Trial in the next part, which will be published in a few days.
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 III. PART IV.
LONDON: Printed and published by HENRY FENWICK, No. 63, Snow Hill.[PRICE TWO SHILLINGS.]
Continuation of the Trial of ABY TORY.
Q. But I understood you before that you would not let him leave the basket? - He went about a dozen yards, and then he returned again; and he said that he knew my master and mistress for a great many years, with that I let him leave his basket the second time.
Q. Did he ever come back for his basket at all? - I never see him any more, till I see him at the justice's.
Q.What sort of a basket is it? - An old large basket, with a piece out of the bottom of it.
Q. What was missing from the house? - A linen patch worked coverlid, &c.(as in the indictment.)
Q. Where were they laying? - On the children, the children were in bed at the same time, I was up stairs waiting on supper, and I forgot to lock the door. I never knew they were gone till the watchman came and rattled at the door.
Q. Can you say at all at the time that he left the basket, that they were lost then? - I am sure that they were not lost then. When he came with the basket, the children were in bed,some of them.
Q. Did you observe that these clothes were on the children after he left the house? - They were,I am sure of it.
Q. Then he did not take them at that time? - He did not.
Q. When he went away did you shut the door after him? - It was shut,for I
Q. Where did they sup? - Up stairs.
Q. Did you let your master and mistress into the house? - Yes.
Q. Did you shut the door after them? - Yes.
Q. Did you bolt the door after them? - No.
Q. Then between nine and ten you heard the alarm? - The watchman knocked at the door. The parlour is in the back room on the ground floor.
Q. Do you know what the value of them may be altogether? - I do not.
Mr.Knapp. You have told the whole truth? - I have.
Q. Every part is truth? - It is.
Q. Then at the time this man left his basket, you was waiting on supper, with your master and mistress? - I am sure they were at home.
Q.You said, if I am not wrong,you said they were not at home? between six and seven the jew came there? You have a number of sweethearts? - No sweetheart of mine.
Q. If the watchman has said that he caught the prisoner two or three hundred yards running away, he has told a lie? - No, he has not told a story.
Q. You are sure that the watchman came knocking at the door, and asked whether you lost any things? - Yes.
Q. Did he bring them with him between nine and ten? - He did not, they were at the watch-house.
Q. Were all the children in bed? - They were all in bed.
Q. The little boy and all? - Yes, all.
Q. You are sure of that? - I am sure of that.
Q. The little boy did not happen to say that he knew him? - That was between six and seven.
Q. Did you know the prisoner at the bar before? - No.
Q. Never knew him before? - I never saw him, only at the house, and at the justice's.
Q. What time did you master and mistress go to bed that night? - About a quarter after ten.
Q. How soon were they disturbed? - I don't know, about ten o'clock.
Q. How came you to stay up so late? - I was in bed.
Q. What time did your master and mistress sup? - About a quarter before ten.
Q. You told the gentlemen of the Jury that you waited on your master and mistress at a quarter after ten, and at ten o'clock you went to bed? Was it a quarter after ten that you and your master went to bed, or was it a quarter after ten that you went to supper? - It wanted a quarter to ten when my master and mistress went to supper.
Q. I think you say you never saw this man before? - Never.
Q. How came you to leave him below stairs in your master's house, if you never saw him before? - No, I did not leave him below stairs, he was not four minutes with me, and he gave me an orange, and he gave the little boy an apple.
Q. Perhaps he might give you something else? - He did not.
Q. You did not drink any thing with him? - No, there was no liquor sent for at all.
Q. Was the basket left in the parlour? - Yes.
Q. You had no struggling with the prisoner, he wanting to get away and have his basket? - No, there was no reason for it.
Q. Did he endeavour to get away and you prevented him? - No.
Q. Did you know what was in the basket? - He had sweet stuff.
Q. Then between six and seven this man had been with the basket, and they were having their tea after that? - They had not their tea till a quarter to eight, and they went out again at eight to chapel, they went to hear a part of it, and they came home about a quarter after nine.
Q. You told your master and mistress when they came home what had happened, I take it for granted? - I told him that the jew left the basket, and that the jew said that he knew him a great many years.
Q. Why, did you tell them before they went to chapel? - No, after they came home.
Q.What time did they come home from chapel? - It is done at eight o'clock.
Q. Why you said just now that they went at eight to hear a part of the service after they drank tea? now what time did they come home again? - It wanted about a quarter to nine, and they had not their supper till a quarter to ten.
Q. Was your master and mistress in bed when the watchman came? - Yes, and I was in bed.
Q. What time did you go to bed, ten o'clock? - No.
Q. Why you told the gentlemen of the jury just now, that it was at a quarter after ten that the watchman came.
Prisoner. That young woman, as I passed by the place, she asked me in, and kept me from half past six, till half past nine; and she asked me to take them things with me; she gave them me herself, and I left my basket there; the girl made me leave the basket, she would not let me take it away; I was to come on the morrow and meet her, and give her what the things fetched.
Court to Elen Mitchel. Did this man stay all this time in this place with you? - No.
Q. Upon your oath did you give him any of these things? - I did not.
The prisoner called four witnesses to his character.
Court to Pendergrass. Did he or did he not, at the watch-house, say any thing about the house, from whence these things came from? - My Lord, he said first that he brought them from the corner of Monmouth-street; their house is three or four doors from Middle-row; in the street; he said they were his own property, he told us that he brought them from the corner of Monmouth-street, and it being Sunday night, the constable of the night convinced him of that; then he said he brought them from the corner house. I am certain he said the corner house.
Q. What business did he say he had there? - He did not tell what business he had there, he said he left his basket where he brought the things from; the constable of the night examined him again, and desired him to tell where he fetched them from, and he would not detain him any longer; then when he was backward I asked him to tell me the number of the house, and I would go there and get him acquitted, with that he told the number of the house, a shoemaker's house, No. 40, St. Giles's; then I went up and rapped at the door, and asked the man if he had lost any bed-clothes.
Mr. Knowlys. He told you the right number of the house? - He did.
Q. Did you see the basket there? - I did not.
Q. What time was it? - As soon I cried ten o'clock, it was a few minutes after ten when I alarmed the house.
Q.Did the girl appear to be in bed? - She did, one of the lodgers let me in.
Q. Did not the girl say at the time that she had let you in? - She said that she let her mistress in to the apartment where she lay.
Q. Then the mistress was up? - She got up on my alarm.
Court to Reynolds. When you came home did you hear of this basket? - My little girl told me that the jew had been there, and gave the girl an orange, and her brother an apple; she spoke of it after the child told me.
Q. When was it you first saw the basket? - I did not see the basket at all till the day after, which was on Monday. The basket is there now.
Q. Did the servant maid at any time say any thing to you about the basket, afterwards? - When she came up to wait at surper, I asked her if the jew and she had been fellow servants? she said no, she never knew him in her life. A little after ten the watchman came and made an alarm, and the lodger let him in, and they came up to my door, and we got up.
Q. Did the servant maid first tell you about this basket, or did you speak to her first about it? - To the best of my recollection she told me, that the jew had been there, and he had left his basket, and that she refused to take it.
Jury. Did your servant lay on this same bed where the clothes were taken off? - Not on the same bed, but in the same room.
Court. How long had this servant been with you? - About two months, but I don't recollect that ever she saw him before.
Jury to Mitchell. What time did the little boy go to bed? - About a quarter to nine, and the quilt was on the bed then.
Reynolds. These are my things.
GUILTY . (Aged 25.)
Transported for seven years .
Tried by the first Middlesex Jury before Mr. RECORDER.
I live at No. 6, Horse Ferry-road, Westminster . I missed the things on the 16th of January, from the yard behind my house, I saw them there at half past ten at night, I went then back to the necessary, where I saw them hanging before I went to bed, I am perfectly sure they were there then; I know they were lost on the morning following, the patrole called at the door, and asked if we had lost any thing? I immediately answered I had not; he said have not you lost some clouts and a gown; my wife went into the yard, and saw they were gone. The patrole called between ten and eleven.
Q. Did the patrole shew them to you? - He did at the Rotation office.
I am a patrole of St. Margaret's. On the 16th, about eleven o'clock at night, I was crossing of old Peter-street, there was a stranger stood by my side, he said, there is a bundle gone into Lane-court, and he went and I followed him to the
Q. How did you know this was his room? - He said he came in that afternoon. I asked him where he got the bundle? - I found in this bundle a pair of sheets, a gown, and three clouts; he said, he picked them up in Peter-street, coming from his mother's; I carried them to the office.
Charnock. I know the gown, here is a piece of the same; I can swear to the clouts, one has a mark on it.
Q. To Knight. How far is this man's house from the prosecutor's? - About one hundred yards, or not so much.
Prisoner. I left my work at six o'clock and went home to my lodgings, and had my supper; after that I went to my mother's for a clean pair of stockings, and stayed at my mother's within ten minutes of eleven o'clock; coming from there to my lodgings, there was a man came along with a bundle in his hand, as soon as he saw me he dropped the bundle and ran away; I said to him you have dropped your bundle; and he said nothing, but kept running; I stood by it for five minutes, and then I took it up and went home, and went to go to bed. I was undressing myself when the gentleman knocked at the door and I opened the door immediately.
GUILTY . (Aged 19.)
Tried by the first Middlesex Jury before Mr. RECORDER.
At seven o'clock on the 20th of January I missed two pair of shoes out of the window I live in Union-street, Westminster . On the morning following, two men, that are here, came to my house and asked me if I had lost these shoes? the men were Percival and Moore.
Q. Was your window broke at all? - No, they opened the door and took them out, the door was on the latch. When I came out of my parlour into the shop I observed the door open, it was that that made me look about my shop, and I missed my shoes.
I am a constable. On Tuesday the 21st of January, I was going into Strutton Ground, and as I was coming back again I saw the two prisoners at the bar, going down Duck-lane, Horton seemed to have something in his pockets, with that I was in a hurry going back I did not watch them then, I went home and came back again to the place, and they were coming up again, and Kelly had a bundle in a blue apron tied up under his left arm; I made a stop, they repassed me by for some considerable distance, I believe it may be an hundred yards, or better, I perceived them look back, I did not turn back, I goes round to Percival into Tothill-street, to desire him to go with me, I left them again after I had watched them for a considerable time, Percival he went with me, we went into the Broad Sanctuary, there we found the prisoners, they were coming into the Broad Sanctuary, they went to pass us and we stopped them, Percival took hold of Horton, and I took hold of Kelly, and took the bun
Q. At the different times you met these men were they together? - Both together.
Q. Did Horton say any thing about this business at all? - Not to me.
Q. How far was Horton behind Kelly? - He was as close to him as he could walk.
Q. What o'clock was this that you saw them? - Between the hours of ten and eleven in the morning.
- PERCIVAL sworn.
Q. Was you present when the man was examined? - Yes, I held both prisoners while Moore took the slippers, they were wrapped up in a blue apron with an old pair of breeches; I have kept them ever since. Horton told the magistrate that he and the other were going up Charing Cross, and he picked the slippers up, they were lapped up in two papers, and they picked them up and throwed them into the hamper that was on their jack ass.
Q. Was any thing said to Horton before this to induce him to say this? - No.
Q. Was the examination taken in writing? - Not Horton's.
Q. Was the other's? - I cannot say.
Langdon. These slippers are my property, here is the mark on the bottom, they are womens slippers, E. L. is stamped with iron on the heels.
Prisoner Kely. Last Tuesday morning was a month, as I was going up King-street, about half after six, to the best of my recollection, I saw something wrapped up in a piece of paper, and I went to look at it, and I found they were these two pair of shoes, and I chucked them into Horton's hamper; then when I came back I had a pair of breeches and a pair of stockings that I was going to take to my mother to be washed and mended, and I tied them up in the bundle, going along by Westminster Abbey, one of them gentlemen stopped me and took my bundle from me, and searched me and found these two pair of shoes, and took me before the justice. I have been the chief support of my mother and two children ever since my father's death. I never saw the prisoner but once before in my life, nor ever had any acquaintance with him.
Prisoner Horton. As I was going along the church yard; Westminster, going to my work, I saw a mob, and I stopped to see what was the matter, these two men stopped me as I was walking along, and said, I was concerned with this prisoner at the bar, as I was going to my work.
William Kelly. GUILTY . (Aged 18.)
Tried by the first Middlesex Jury before Mr. RECORDER.
DANIEL GOSSETT sworn.
I am an auctioneer , I lost a she ass on the 12th of this month, either the night of the 12th, or the morning of the 13thBury-street, Edmonton ; I cannot swear to the ass myself.
Q. Did you ever see this ass that you conceived belonged to you at any time? - Yes, I saw it on Saturday morning at the Rotation in Worship-street. I had offered a reward for finding of it, and some hand-bills were distributed about the country.
I am Mr. Gossett's servant, I lost the ass on the Wednesday the 12th. I missed it on Thursday morning the 13th, I saw her on Wednesday night, about six o'clock, I saw her again on the Monday following, at the office in Hog-lane.
Q. Are you sure that the ass belonged to your master? - Yes, I knew her by having a string halt behind.
Q. Was it the same size and colour? - Yes, every where.
Q. How long had you known this ass? - I cannot rightly tell, I have known her almost half a year.
Q. Can you say that this ass that you saw in Bishopsgate-street, belonged to your master? - Yes, I can swear that.
Q. Who brought her there, do you know? - The people belonging to the office.
Gossett. The ass was made a present to me by my father last summer, it is a she ass, for the benefit of the milk for my family.
I know this ass; it is a she ass, I brought it from Bethnal green-road, from Mr. Gossett's father's, facing the charity school, about July last.
Q. Did you ever see the ass since? - Yes, once since.
Q. Was you acquainted with her when she was at Mr. Gossett's father's? - No, I only bought her and took her away that same day. Here is the man that sold her to Mr. Gossett's father.
Q. Did you make observation enough on her to know that this ass, that was stole, was the same ass? - Yes, I can safely swear that I saw her at the Rotation office, it was of a lightish colour.
Q. Had she a string halt? - Yes, in her near leg behind.
Jury. Do you know it by any other mark? - No otherwise than there is a mark on her back where there is the hair off by a wound. I am sure it is the same.
I am the man that sold the ass to Mr. Gossett; I had the ass four years; I saw the ass at the Rotation office, I am certain it is the same. I described every mark about her before I saw her, some red spots on each side, and she has a tooth that comes out against her lip, that she shed at one of the lower tusks; I am certain it is the same ass.
I keep a great number of asses for the sake of the milk, the ass was brought to me on Thursday, about twelve o'clock, or a little before twelve, I believe, and sold. I live at Hackney, the man brought her to me, and said it was his own property. Thomas Bull brought it to me, the prisoner came with him very near my house, and then they separated; I asked him if she was his own property! he told me yes; he asked me if I would buy her? I told him I did not wish to buy her, I did not want her; he said he would be very much obliged to me if I would buy her, for she was so very heavy with sold that he did not know what to do with her, if he put a load on her she would lay down. I gave him at last twelve shillings for her; I knew the man before,
Q.Was this ass taken from you by any body? - The officers took them both together, I sent one of my boys with them.
Q. Are you sure that they had the ass that you bought? - Yes.
Q. Where did you get this ass you sold to this gentleman, Mr. Stone? - The prisoner came to me on Thursday morning, and knocked at the door, I live in Hare Walk, Hoxton; he came about seven o'clock, he brought the ass to me, and asked me if I would let him put it in my stable, for the value of a couple of hours; then he went away, and I went to market about my business; about two hours after that he came again and said, that he was very much distressed for money, and asked me if I could help him to a customer for it; I told him I believed I could. I took it to Mr. Stone's and asked a guinea for it; Mr. Stone said it was not worth above half a guinea, but twelve shillings was the most he would give for it; he gave me the twelve shillings, I took the money to the prisoner and he gave me eighteen pence.
Q. Did you ask him how he came by it? - I did not ask him, he said it was his own property, he bought it on the road. I was coming by on Friday night at the officer's door, and I saw the officer Armstrong, and he told me he had been looking about for a whitish ass very heavy with sold, and string halt behind; and says he, if you can give me any intelligence of it I will give you a guinea; so with that I told him if I should happen to hear of any thing I should let you know. This was about ten o'clock, at his own door in Kingsland-road; I afterwards came back to him and resigned myself to him, and I went with the officer directly and took the prisoner. I went home to my wife first to know whether it was the same ass by the description, that Mr. Armstrong told me.
Q. When did you return to Mr. Armstrong? - In about ten minutes, or hardly so much. I told him I had sold it, and was employed by the prisoner to sell it for twelve shillings, and he gave me eighteen pence, and he took me into custody.
Q. Did you give evidence before the magistrate? - Yes.
Jury. Did you ever know the prisoner before this transaction? - Yes, I have seen him before about the country, but I did not know but it was his own property; I never had any dealings with him, I am sure of it.
I am the wife of the last witness, this ass was brought to my house about seven o'clock, Thursday morning, by the prisoner at the bar.
Q. What is his business? - Bottoming of chairs, we have frequently seen him about the country bottoming the chairs, he brought the ass about seven o'clock in the morning, and asked my husband to let him put it in his stable.
Q. Was it put into the stable? - Yes, I saw him led into the stable myself; we went to market and when I came back I found his wife and him standing at my door, he said he was very much distressed, and asked my husband if he could help him to a customer for it, he would satisfy him; my husband said, he did not know any body without it was Mr. Stone, they left my place together, and his wife stayed till they came back together, and when they came back, he paid
There was a written description left at the office of this ass, and I read it, and I and Harper and three more officers, went to Smithfield on Friday, and we saw nothing that appeared to us like the ass. On Friday night I saw Bull going by my door, I had some conversation with him.
Q. What sort of a character does Bull bear? - A hard working man; I recovered a gentleman his horse that he saw in a public house, that made me apply to him. I told him then I knew a gentleman that had lost a whitish ass, very big with soal, and a spring halt; but I did not know what that spring halt was; I told him if he could recover it me I would give him a guinea; he left me and I went to bed, there was somebody knocked at the door, my maid went to the door, it was Bull, Mr. Armstrong he says, I am come to surrender myself up, I have sold the ass to George Brace , afterwards I and Mr. Harper and Bull, went to where the prisoner was in bed. I went were I was informed by Bull, Bull being present, and Mr. Harper. I then says, George, you must get up, I said, I am come to take you, for that ass that you employed Bull to sell. I found him at a lodging house in Kingsland-road, in bed with his wife; he said, he employed him to sell it, and he said, he bought it of a man about nine miles from London. I asked him how long he had had it? he said, he had bought it the Saturday before. I asked him if he should know that man? he said, he did not know but he might; he said, he brought it of that man for eight shillings and six-pence, he bought it on Edmonton-road, about nine miles from London. I asked him if he bought it the Saturday before where he kept it; hearing by the hand bill it was only lost on Thursday; he said, he turned it out on the Common. Mr. Harper took both the prisoners and put them in our watch-house, and we went to Mr. Stone's house, I told him I had a little business with him concerning an ass he bought; he told the boy to drive it out, and it was delivered to us, and it was identified by the witnesses at our office.
Prisoner. I bottom chairs about the country, and I buy horse hair, and rags, and a few odds and ends, to get my bread by; and I met a man with this ass, and he asked me if I wanted one? and I told him I could not spare the money; he asked me twelve shillings for it, and I bought it for eight shillings and six-pence in the road. I have known this man, Mr. Bull, above these twenty years, and I went to him and told him I wanted to sell it, and he said he would go and sell it, and take the ass on his own hands, and nobody should know it was mine, and he had three shillings for felling of it.
Q. How came Bull by it? - I carried it to Bull and asked him to put it in his stable, and he told me he could help me to a customer; and he told Mr. Stone it was his own property, and that nobody had any thing to do with it. I have not a friend in the world.
GUILTY . (Aged 76.)
Publickly whipped .
Tried by the second Middlesex Jury before
WILLIAM LESTER sworn.
I live with Mr. Braithwaite, New Cavendish-street, Portland-street . I lost my clothes the 19th of January; I lost a coat, waistcoat and leather apron, they were taken from the laundry of Mr. Braithwaite.
Q. What time of the day was this? - Half past ten in the morning, the prisoner was there at the time, it was just at the time we were going to church, on Sunday, he came into the area gate, and down the steps, and opened the door, he was quite a stranger.
Q. Did you see him come down? - No.
Q. How do you know he was there at all - I was called to assist in securing of him, while he was in the house.
Q. Did you find him in the laundry? - Yes.
Q. What was become of your clothes when you went down to the laundry? - The laundry is below stairs, they were then laying on the floor.
Q. Where were they before? - On the pegs, where they usually hang; I have got the clothes here, they are mine.
The prisoner came down the stairs, I did not see him, I heard him open the door and go into the laundry, I came out of my own room when I heard the area door open, coming along seeing the area door open, I looked into the laundry and there I saw the prisoner with the clothes on him, he had them first under his great coat, and when he saw me he slung them on the floor. These are the clothes.
Prisoner. I had been to Hammersmith that morning, as I was there, I got rather intoxicated with liquor, and coming home I met with a gentleman's servant, and he asked me if I would call in this street and enquire for one Mr. Edward's, a Butler, and I suppose I made a mistake of the place, and accordingly that gentleman came down and took me, and sent for a constable and searched me, and they found nothing at all about me; accordingly after that they took me to the watch-house, and they asked them whether they had lost any thing, and they said no; accordingly the constable of the watch-house said, they had better go home and see, but before that they said, they had lost some things at a time back, and that they would make me pay for the whole, and they went back and brought this bundle.
GUILTY . (Aged 18.)
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
202. CHARLES WILBRAHAM was indicted for stealing, on the 8th of February , two wooden window shutters, value 2s. a window containing ten panes of glass with lead and iron, value 6d. two wooden doors, value 5s. an iron casement, value 6d. belonging to Thomas Chambers , Isaac Jenkinson and Samuel Raynes , affixed to a building of theirs .
I live in St. George's-place, in the East, my partners are Samuel Raynes and Isaac Jenkinson, they are not of the same trade, we are partners in an estate, the building belongs to us three. Last Sunday morning was a week, George Davis, our carpenter, came to my house, and told me that there were two of our houses were broke open by the window shutters, the windows were fastened to the building; there was a casement taken away, but that we did not find, it was a casement fixed to the building, of lead and iron.
Not GUILTY .
DENNIS MAHONY was indicted for stealing, on the 6th of February , a cotton gown unmade, value 15s. a cotton gown, value 15s. two yards of linen cloth, value 2s. two muslin handkerchiefs, value 3s. a linen apron, value 1s. 6d. a muslin apron, value 2s. a cotton half handkerchief, value 6d. the goods of Elizabeth Beecroft , widow , and a damask table cloth, value 15s. the goods of John Wright , in the dwelling house of the said John Wright , and
Q. When was it you lost these things? - I missed them on the 6th of February, at seven o'clock in the evening, two gowns were unmade, and one finished, I was making of them; two aprons, one cloth one, and one check muslin; two check muslin handkerchiefs, one blue and white cotton handkerchief, two yards of irish cloth.
Q. Where were these things missing from? - Out of my master's drawers, in the kitchen.
Q. What day did you miss them? - Thursday, the 6th of February.
Q. When had you seen them in these drawers before? - On Tuesday evening, I was at work on my gown on Tuesday morning.
Q. Where did you put your gown last? - I put my gown in the drawer on Tuesday evening, the gown that I was at work upon, not were the other things were, I had seen them safe before, in the morning; I did not look at the drawers afterwards; it was Thursday evening I missed them about seven o'clock.
Q. Do you know any thing how they went away? - No, I cannot say.
Q. Did you know any thing of the prisoner; Dennis Mahony? - He was a bricklayer's labourer at work in the kitchen, at the same time, he came there for the first time, on Tuesday morning; there was no lock on the drawers.
Q. On your missing your things what did you do on Thursday? - I suspected the prisoner.
Q. Do you know any thing of a table cloth belonging to your master? - That table cloth was in one of the drawers, but not in the drawer where my things were, it was a damask table cloth. As soon as my master came in, I told him, and he went in search of the prisoner; the prisoner was at work both on Tuesday, Wednesday, and Thursday about the house.
Q. Was he apprehended at the house? - He was not apprehended that night, till Friday morning.
Q. How soon did you see him again on Friday morning? - Not till be was apprehended, after he was apprehended I saw the things at Bow-stret, from the pawnbroker that carried them there, he is here.
Q. How they came there you don't know of yourself? - I do not.
Mr. Knowlys. The prisoner continued working all the Wednesday and Thursday? - Yes.
Q. I believe he was taken up on Friday at your master's house? - Yes.
Q. He was coming again to work? - He was.
Q. Therefore he never left your master's house, except the usual time of leaving work? - No.
Q. I believe he told you very readily where he lodged? - Yes.
Q. How many persons were there employed about this house, except himself? - There were two bricklayers that came to take the range down in the kitchen,
Q. They were in the same part of the house that the prisoner worked in? - They were so certainly, I was in the kitchen at the time that the bricklayers were there.
Q. What day were they there? - Tuesday, not after.
Court. What employment was there for the prisoner there on Wednesday, Thursday and Friday? - Clearing the rubbish away out of the front kitchen, and back kitchen; the clearing away took Wednesday and Thursday, but what the bricklayers did, was done on Tuesday, and on Tuesday evening at twelve o'clock, I was at work on my gown.
Jury. There was no other labourer assisted in taking the rubbish away? - No, only him.
I am the wife of Mr. John Wright ; there was a damask table cloth taken away, my property, from the drawer, I see it there on Tuesday morning after breakfast, the 7th of February I left it in the drawer in the kitchen, I did not see it afterwards.
I am a constable. On Thursday the 6th of February, Mr. Wright came to me, and told me that his girl had some clothes stole, and that they suspected the prisoner, I went up that night into Coal yard, Drury-lane. but did not find him that night, I got up the next morning, and went again after him, in Silver-street, Golden-square, and did not find him, I went down after that to Mr. Wright's house, and I found him down in the kitchen, mixing up mortar with the shovel; and I took the shovel out of his hand, and secured him, and took him up into Bow-street, then I left him in the care of a man, and I and Mr. Miller went up to No. 6, Barley-court, Coal-yard, to the house, that the woman that he lives with, has the ground floor.
Q. Was that where you went the night before? - No, I went to the George before, the corner of the court. When we came there the woman was not at home, we stopped, and the woman came home; it was Catharine Harrington , the prisoner; Miller laid hold of the woman and searched the prisoner, while I searched the room, I see him search the woman, and I see him bring a half shawl out of her pocket, and a parcel of duplicates; I took her also to Bow-street, and then examined the man, and in his right hand breeches pocket, there was fourteen shillings and ten pence halfpenny, and a skain of thread that was in the place where the girl's gowns were, the woman told the magistrate that she bought the shawl of a woman in the street, it was taken down in writing.
Mr. Knowlys. You had been enquiring in his neighbourhood after him? - Yes.
Q. The night before? - Yes, but I did not tell any body what I wanted him for.
Court. You asked at the public house? - It was so.
Mr. Knowlys. And of other neighbours where Mahoney lived? - I did.
Q.And he came to work the next morning the same as usual? - Not at six, not till half past nine. I have one remark to make, he was not at work at the same house, but another house of Mr. Wright's, a new house in Silver-street, Golden-square.
Q.Then though he did not come to this house of Mr. Wright's, he was were Mr. Wright could find him? - Yes.
On Friday morning, the 7th of February, I and Berrisford went in search of the prisoner Mahoney, we did not find him. I went home, about half an hourBrown Bear , Covent Garden, I went there and asked the prisoner where he lived? he said, No. 6, Barley Court, Coal-yard, Drury lane, at the one pair of stairs; I went there, there was no such person lodged in the one pair, the woman that belonged to the house said, there was a widow woman lived in the parlour, but no man that she knowed of, while I was talking with this woman of the house, the woman, the prisoner at the bar, was coming up the court, she said, she lived in the parlour, I desired her to open the door, and after I got into the parlour, I searched her, and on her I found this half handkerchief and some pieces of a gown, the pieces of the gown are here, and four duplicates of articles that were pawned, and two shillings, that was all I took from her.
Q. Did you go any where in consequence of these duplicates? - Yes, I did, and the pawnbrokers, Elisha Ray and Thomas Lamb produced, before the magistrate, the things that they had taken in pledge, answerable to these duplicates.
I am a pawnbroker, I live in New-street, Covent Garden, I produce two gowns, a table Cloth, two yards of irish linen, and two handkerchiefs. I got them from the prisoner Harrington on the 5th and 6th Days of February, she came with the table cloth, the apron, and the two handkerchiefs first to pledge them, I knew the woman, she had pledged things with me before. I lent her half a guinea on them, she came the next day and pawned the two gowns and two yards of irish linen, one gown is unmade; I lent on those one pound four shillings. I did not ask her any questions knowing her, she pledged them in the name of Mary Harrington . Mr. Miller came afterwards with the duplicates.
I am servant to Mr. Lane, a pawnbroker in Holborn. I produce an apron, I took it in of the prisoner Harrington, on Friday the seventh of February, I knew her about a month before she dealt with us, she came to pawn it in the morning between eight and nine o'clock, there is an handkerchief chat she pledged at the same time she pledged them both together for three shillings; but the prosecutor cannot swear to the handkerchief.
Q. Did you ask her any questions? - No, I did not, as the woman was a well dressed woman.
Mr. Knowlys. What name were they pledged in? - Catharine Harrington.
Elizabeth Beecrost . This is my cloth apron, this is the one that I lost, I know it by the darnings, I darned them at the corners, I know them both. This is a gown that I was making, this is a piece that was with it, near a yard; this is the made gown, I washed it out in the rough for the purpose of using it. I know the table cloth, there is no mark but several stains about it, that I know it by. I know the apron (produced by Lamb) by the small joining that is at the top, and a little bit set in very near the bottom; I know the handkerchief also by the scratch in the part that pins behind.
Mrs. Wright. This is my table cloth, I know it by the pattern.
Mr. Knowlys. What is the christian name of your husband? - John.
Court to Mrs. Beecrost. Do you know any thing of that half shawl produced by Muslin? - Yes, I do, when taken it was clean.
Court to Berrisford. You said that you found on the prisoner, Mahony, when you searched him, a skain of thread; have you got that skain of thread here? - Yes.
Q. Was there more than one skain? - No, there was no more, and it was this colour.
Q. Is it cut? - Yes, the thread was lapped up altogether in the gown. There are the pieces that I cut off the gown that were lapped up with the gown.
Prisoner Mahony. I don't know any thing of the matter.
Prisoner Harrington. Honoured gentlemen, I have lived a widow in credit and honour these seven years in one street, which can be testified by all the neighbours who can appear for my character; and I had my husband sick some time before he died. This man, on whose account I was taken up, has been on terms of marriage some time past; he told me that he had been married before, and that the clothes he brought me were his first wife's. I pawned these things in my own name, and gave him the money, not thinking of the trouble that was to follow. If I had thought they were got by any way dishonest I would not have pawned them with the pawnbrokers, whom I have dealt with for these number of years. Neither would I have allowed them to be brought into my place, as it is well known I work for my living in hard and honest labour. Therefore I hope you will take my case into consideration, as it would be hard for me and my children to suffer innocently. I never was in prison before, and trust, if ever I get out again, I never shall be in again.
Prisoner Mabony. I can produce witnesses that I was never married before, I never was married in my life.
The prisoner Harrington called four witnesses, who gave her a very good character.
Catharine Harrington. Not GUILTY .
Tried by the Second Middlesex Jury before Mr. Earon THOMPSON.
204. WILLIAM BRATT , otherwise BRETT , was indicted for forging on the 10th of January , a certain paper writing, partly printed and partly written, with the name of Henry Mear thereto subscribed, purporting to be a promissory note for five guineas, with intention to defraud Taylor , Lloyd , Bowman and Co .
Indicted in a second COUNT with uttering the above note as true, knowing it to be forged.
I keep a Hosiers and Haberdashers shop , No. 40. Goudge-street, Tottenham-court-road . On Friday the 10th of January, the prisoner at the bar, came to our shop, and he asked to look at a muff, at about a guinea or twenty-five shillings, he pitched on one, and then he asked for a tippet, and he agreed for both for forty shillings; while I was making out the bill, he threw me down this bill that I have in my hand, the moment I looked at it I considered it as a bill on Messrs. Taylor and Lloyd, that was money every hour of the day to give to me, a stranger, I had suspicion, I said, I did not know that I had so much cash in the house, I told him I would go out and try to get change; he thought I went out to get change, but in fact I went to bring in some neighbours, and I consulted Mr. Phillips, and asked him what his opinion was on this bill. I returned and I asked him how he came by the bill? he gave no answer. I then asked him who he was? he then told me that if I would go along with him he would shew me, but that I did not think it quite safe to do, and so I had him taken up on suspicion, and I have since been at the gentleman's No. 60, in Lombard-street, and made
Q. Did you demand the money on it? - Yes.
Q. Was you paid? - I was not.
I am a clerk to Taylor and Co.
Wrenchly. I am clerk to John Taylor , Samuel Lloyd, William Bowman , Osgood Andrews, John Hanbury and William Bowman the younger, Bankers, in Lombard-street, I know nothing more about it than that we have no such connection as the assignment of that bill, nor ever had, we don't know the name.
Q. With what part of the kingdom do you principally correspond? Many parts, but not at Plymouth, where that bill is asssigned from.
Court to Hayman. Have you made any enquiry at Plymouth? - I had not parted with the goods, and I enquired at the Bankers, and they did not know such people.
Not GUILTY .
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
205. HENRY BRATT otherwise BRETT , was indicted for forging, on the 27th of December a paper writing with Henry Mear there to subscribed, purporting to be a promissory note for five guineas, with intention to defraud Messrs . Taylor and Co .
Indicted in a second COUNT, with uttering the same as true, knowing it to be forged.
FLORIMAN GODDARD sworn.
The prisoner at the bar came to my shop to buy some silver spoons, the 27th of December, Friday, he agreed for the spoons, and looked at two more silver articles, he then begged a bill, the three articles came to two pounds three shillings, but he desired the abatement of the one shilling, which we did; then he presented this bill for payment. At the first moment I took it for a Bank note, but on looking at it I saw it was a bill payable at Taylor and Lloyd's. I asked him to endorse it; when I gave him the pen I discovered something of a sluttering in the man, he attempted to write and he could not; he turned about the note and began at the other corner, he could not write there; and then I addressed him, I said I would give him a book to write upon, he then in an awkward manner writ his name on the note; I gave him the change in three guineas, and the spoons; I thought there was something suspicious, I slipped on my hat very artful, and I followed him and kept him in my eye till he came to Soho-square, there he joined a very suspicious young man, I then came up to him and touched him by the shoulder, and told him he must come back with me, that he had given me a forged note; he seemed very much surprised, and asked me how I knew it, and where I had been to know it? he came back very quiet, I begged him to give me my money and spoons, and I give him the note again; but when he had got the note he said, I knew very little about notes, for it was a good note; we exchanged two or three words and I said, will you let me look at it again, he did, and then I said, he should go along with me, there was a carriage then came up to the door, and while I put my head into the door he slipped away, and he was taken about a fortnight after.
Hayman. I know that there are two Banks at Plymouth, but I know there is no Bank there of the name of Henry
Q. Have you been to Plymouth in the course of the last year? - No.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
206. MARTHA BUTLER was indicted for stealing, on the 20th of January , a cotton cloak, value 10s. a cotton shawl, value 2s. a muslin apron, value 1s. a dimity petticoat, value 1s. a linen sheet, value 1s. a muslin handkerchief, value 6d. two linen caps, value 6d. a pair of cotton stockings, value 1s. a child's cotton skirt, value 6d. a linen towel, value 3d. a linen bed gown, value 2s. three pieces of silk lining, value 3d. a pocket handkerchief, value 1d. a child's linen before cloth, value 4d. and a night cap, value 1d. the goods of Henry Parsons .
I am the wife of Henry Parsons ; I am in Gray's Inn-lane, at the work-house. I am a soldier 's wife, I came from the Cove of Cork. When I lost my wearing apparel, I was at Mr. Fisher's, at the Wolf, in Gray's Inn-lane , it was three weeks ago last Wednesday; my husband is gone abroad, I had two bundles with me, and I was going home to my friends in Deerham, in Norfolk, I was going by a waggon, the gentlemen got me the waggon.
Q. How long had you been at the Wolf? - I went at eleven o'clock and I came away before one, there were two women with me, and I went out along with them to seek a lodging, about half after twelve o'clock.
Q. What became of your bundle? - I left them, I asked the landlady whether I might leave them there till I came back again.
Q. Where did you put them before you went away? - I left them in the taproom; in a little corner where they keep their pots to dry, I laid them there, and she told me they would be safe till I came back again, then I was gone about an hour and a half, while I was out one of my companions said, she would go to her mother-in-law, and the other said, she would go to her father's, and left me; a gentleman saw me in the street very distressed and he gave me six-pence, and I gave it to somebody in the street to shew me the way back again, this was just before dark.
Q. What was you doing from this time, from half past twelve? - I could not find my way back, they went to see for lodgings with me.
Q. Did you get any lodgings? - No, we did not.
Q. Was you shewn back at last to this house? - Yes.
Q. What time did you get back again? - Just as it was going to be dark.
Q.What then? - I then asked for my bundle and they told me that the women that was with me, one of them had taken them away.
Q. Where did you meet with these companions of your's? - In Cork, at the General's, he paid their passage to come over; it was the prisoner said she would go to her mother-in-law.
Q. Did you know where her mother-in-law lived? - No.
Q. Did you enquire? - No.
Q. Did you ever see your bundles again? - No.
Q. Did you ever see any thing that was contained in your bundles? - I believe it is a fortnight ago to day since I found the things, and a fortnight ago yesterday since I saw the woman, she came to the committee, in Gray's Inn-lane, for relief.
Q. Did you see her at the committee afterwards? - I saw her at the time, I came down and asked the committee leave to let me stop another day, because my child was dying, and I saw her there, she was going in, and the mistress came out, and I took hold of the mistress's apron, and I said, Madam, that is the woman that had my clothes.
Q. Did the prisoner hear you say so? - No. Before I got in to the committee she was out at the back door and ran away.
Q. Did you see her run away? - No, I did not; Mr. Norris went after her.
Q. When did you see her again? - On the Saturday, we went to the Justice's, and I saw some of my clothes; I saw a shawl and apron on her the same day that she was taken; the shawl was cut in two, it was whole when she had it, but I have got only half.
Q. Did you see any more of your things? - Yes, at the pawnbroker's.
Q. Did you go to the pawnbroker's? - Yes, on the same Saturday that she was before the justics, I found these, I found three gowns and a white petticoat, part of what I had lost; I found them at her lodgings on Saffron-hill, I think it was No. 10, the woman of the house shew us up into the lodgings where her child lay, I knew it was her child that she brought with her, I found a sheet there with my husband's name on it.
Q. Did you find all the things you lost? - No, I found a bed gown and handkerchief in the same place, and three pieces of my black silk cloak, it was whole when it was lost, I found three caps and a shirt of my child's, and a pair of cotton stockings, they were all brought by the pawnbroker, he is here.
Q. Is there any body here of the house? - Yes, the little boy who delivered the bundle.
I live at the Wolf, in Gray's Inn-lane.
Q. Do you remember Jane Parsons , the prosecutor, and any other women coming to your house? - Yes, there was Jane Parsons and two more, I think it was about the 7th of this month, I know Martha Butler was one of them.
Q. Do you remember their going out and leaving any thing behind? - There were two bundles of clothes left, they were put in a sink in the taproom.
Q. Did you see any of these women again? - Yes, there was one of them came and asked for the things, she came between three and four o'clock.
Q. What did she say? - I am come for them things if you please; and says I, they are there as you left them, and she took them away.
Jury. Was there only two bundles left in the house? - No.
Court to Parsons. Had the other women left any bundle? - No, they had no bundles, they brought none at all with them.
I am a pawnbroker, in London-wall, No. 70. On the 29th of January, I took in a gown and petticoat, I believe of the prisoner at the bar, but I cannot positively swear to her, because I never saw her before, the gown for ten shillings and the petticoat for three shillings and sixpence, pledged in the name of Martha Taylor .
I am a beadle of St. Andrew's parish. On the 7th of this present month, the prisoner Martha Buder , came to St Andrew's workhouse for her pension, which the parish allows her for the maintenance of her child, she had been absent some time, but she was a pensioner on the parish some time past; the prosecutor, Jane Parsons , seeing of the prisoner, says, that is the woman that has got my things; I had took in this Jane Parsons into the workhouse through this. I was ordered to pursue the woman, she walked at first very quiet, but when she got through the garden she ran as fast as ever she could.
Q. What did you do? - I pursued her as fast as I could, I overtook her at the corner of Gray's Inn-lane, I brought her back to the workhouse, and I was ordered to search her pockets, which I did, and in her pocket I found a box of duplicates, which I have got now in my possession, the next morning I was ordered to go to this gentleman's in London-wall, and to a pawnbroker's on Snowhill; (I had found Wakefield's duplicates on her; there I found a gown and a dimity petticoat, the other things that were produced were produced on Snowhill, the woman has got them now in her possession, we heard of things at three different pawnbrokers, there were some trifling things at Whitecross-street, that pawnbroker is not here.
Q.Did not you go to the lodgings of the prisoner? - Yes; I went to the pawnbrokers with the prisoner, coming home I went to her lodgings, No. 10, Saffron-street, the prisoner had a child there at that time, I knew it was the prisoner's child, I says to Mrs. Parsons, you will follow me up stairs as close as you can, we went up stairs, when we got in the prosecutor looked about and she found every thing that is contained in this bill; as specified in the indictment.
Mrs. Parsons. This green petticoat is mine, here is a sheet found at her lodgings with my husband's name on it, here is a bed gown, a child's skirt, an handkerchief, a piece of my cloak, my caps, all my own.
Prisoner. When we three women came into London, this woman said that she wanted to be passed home, and she wanted to know where she might go to my Lord Mayor to be passed home, I told her I was a pensioner in such a parish, I had eighteen-pence a week allowed me for a child, and it was a casualty parish, that they did pass people to their own parishes, and we went into this public house, because the committee did not sit that day, and the other woman and me prepared to get a lodging, and I asked this woman to stay there till we came back? but she would not; the left her bundles and went with us; the other woman when we were out, said, she would go to her father's, and I said, I would go to my sister-in-law's, No. 5, Lilly-street, Saffron-hill, when we could not get lodgings I persuaded her to go with me, whether I went to my sister's or whatever lodgings I got, and this here woman parted with us, and the other went with me to my sister-in-law's and she staid there a little while, and she went to the Borough and she took me to the Borough with her, and she told me she was going to her father's, but this was not her father's, and she left me, and afterwards came to me and told me that these things were her own, and she said she would come and live along me, but she would go first to see whether her
Court to Fisher. Are you sure that is the woman that came for the bundle? - I did not see the other woman, only this one.
Court to Norris. Shew Mrs. Parsons the apron and shawl that she had on her.
Mrs. Parsons. These are mine, and part of the property I lost.
GUILTY . (Aged 22.)
Imprisoned twelve months in the House of Correction and fined 1s .
On the 19th of January I lost a pair of corderoy breeches and a coat, the coat was taken out of the counting house of Mr. Cooling's, in Moorfields , I lay there, it was taken away between the hours of five and six, to the best of my knowledge, I saw it at four o'clock in the afternoon. I hung it up, in about an hour and a half after I was going to put it on, and it was gone; it was found in the evening at a public house, I saw it before it was taken away from the house, the Black Horse, in the Curtain road, I saw it there on the Tuesday morning, the 21st of January, the servant maid shewed it to me, Elizabeth Beale , how it came there I do not know, it was my coat, John Ray , the police officer, has got it here now.
I found this coat at Mr. Tomlinson's the Wednesday following, the Black Horse, in Curtain-road, and I have had it ever since.
Q. Do you know any thing of the prisoner? No, I do not.
Bellingham. This is my coat.
- COOLING sworn.
I saw the prisoner near my father's stable, he went through the ground to the Tenter Ground, behind the stable, he had a bundle under his arm, which I saw the slap of a coat hanging out, which when I heard that William Bellingham had lost a coat, I thought that he was the man that had taken it. Then I informed Bellingham of what I had seen.
Q. Did you know the man? - Yes, the prisoner is the man.
I make my board at the Black Horse, in Curtain-road. On Sunday evening the prisoner came with this coat, and he asked me to take care of it for him; I told him I had no conveniency, he had better leave it in care of the house, but he delivered it into my hands, the same time I delivered it to the servant maid of the house, and she put it somewhere; this passed on, on Monday evening I heard that there was a coat lost, and it struck me that this was the coat, and I went and told the hostler.
I know no further than I took the coat of James Butterworth , this is the same coat, but I never took any notice of it till Mr. Cooling's man came for it on Tuesday morning; I put it into a small room adjoining to the kitchen, and it remained there till Tuesday morning.
Prisoner. I did not know any thing about the coat when they accused me of
Court to Cooling. What do you know of this man? - He was only with us about three months. I know nothing farther of the man, he came to attend the bait horses, and get them ready to go out at the call. I know nothing of the man, I knew nothing against him.
GUILTY . (Aged 35.)
Imprisoned three months in Newgate , Publickly Whipped .
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
208. EDWARD PARRY was indicted for stealing on the 13th of January , one hundred and forty-six wine glasses, value 1l. twenty-four pint goblets, value 1l. 4s. twenty-four glass gill tumblers, value 3s. the goods of Edward Slater .
(The witness examined separate.)
Q. What is your business? - Glass manufacturer .
Q. Have you any partner? - Moffatt Horne . I received information in the latter end of last December, that I had been robbed. On the seventh of January last, John Horne , one of the witness, came and informed me that he supposed Hampton and Parry were going to work, he was my warehouseman . I desired him to watch and see who took any goods away that evening, they were taken that day, the next day I went into the warehouse as soon as it was open, it was then scarcely seven in the morning, almost dark, I there discerned Parry putting something into a basket, I asked him if he had seen Mossatt Horne that morning, as I particularly wanted him to give me the key of the writing room; he said, he had not seen him, he believed he was not stirring, I then took a turn across the yard and returned, when I desired him to call Mossatt Horne and ring his bell; while he was gone, I stepped into the back part of the warehouse, so that I could get my eye between the window and him, that I might discern what he was doing. Parry went out and in less than a minute returned again, I then could plainly see that he was packing the wine glasses into a basket, Parry did not long remain packing, he went to the opposite end of the warehouse towards the counting house; I then whipped out of doors unperceived, satisfied of what he was doing. I took no further notice of this transaction until it was fairly day-light, when I communicated it to my partner, and the evidence John Horne , that I had seen Parry packing in a basket like Hampton's basket, and desired him to examine the contents of that basket with some difficulty he found the basket secreted in the warehouse, and he called me to see it. I took no farther notice of it then, I desired John Horne to watch to see who took away that basket.
Prisoner's Counsel. How many years had this man been your warehouse man? - Fifteen years. He had been my wife's warehouseman twenty-five, years.
Q. I believe at that time he was employed to fell in the warehouse? - He was employed as a packer in the warehouse, I had such confidence in him that I admitted him to do any thing.
Q. You have mentioned the name of Hampton, I ask you whether Hampton had not been a considerable dealer in the
Court. Were they entered on the state previous to the time you saw them packed? - They were not, but they were in the course of the day, because in the afternoon I went to see if the glass had been taken from the warehouse, and to see whether there was any entry to Hampton and there was.
Q. I want to know whether you have any reason for supposing the entry was made on the slate before or after the packing? - I should suppose it was after, because it was so dark he could not have wrote so plain. This packing was in the morning early, it was before it was quite light. This slate is merely a memorandum book of the warehouseman's, and afterwards the order is taken into the order book, and when this man packs the goods he keeps down each separate goods on this slate, and when he has so done, he takes it to the clerk, and he puts them in the day book, and he there has a bill of parcels made.
Q. It is then the regular custom of the house, that they should be put down on the slate till they are packed up? - It is. These goods remained on the slate towards the evening, but were never on the day book or order book, and no bill of parcels was given.
Q. When was the hamper carried away? - I cannot speak to that; it was taken away somewhere about noon day. I took every care in the world that there should be no suspicion that I had any suspicion.
MOFFATT HORNE sworn.
I am the partner with the other witness. On the 7th of January about seven in the evening, I and Mr. Slater went into the warehouse after it was locked, about eight in the evening, it was after the warehouse was shut; we shut up at seven; and there I perceived Hampton's basket, with one of ours by the side of it filled, they were left there till the morning, in the morning we perceived Hampton's glasses filled with those glasses. I saw it filled just before seven, it was hid behind the prickles in a corner of the warehouse; our intention was to see who took this basket away, afterwards I was sent for over to the glass-house, where I saw Hampton, and I mentioned to my brother to be particular to see who took that basket away, but he was obliged to go up stairs to look out some glasses with a gentleman, in the interim the basket went away, it was Hampton's basket that I saw filled, I saw wine glasses at the top.
On the 7th instant, by desire of Mr. Slater I watched Mr. Hampton and Mr. Parry; I saw a basket like that described in the letter, in the hands of Mr. Parry, about six o'clock in the evening, as near as I can recollect, I saw it through the window, laying on the counter. On my going into the house, while I was going in it disapeared, it was thrown aside, Parry was in the warehouse.
Q. Did you see it any where else? - No, I did not, I went and acquainted Mr. Slater of it, and Hampton went away, Hampton was in the house, I saw him there; on the following day, in the morning, I saw him go into the glass house again, and on my going into the warehouse, I saw a basket like that described in the letter, stand behind some prickles, it was apparently packed with goods, I did not look into it, I was called up to attend a gentleman in one of the upper warehouses; on my coming down again the basket was gone, and Mr. Hampton was gone from the glass house, I then looked on the slate, and I saw some goods entered to Hampton, six dozen wine glasses, twenty-four goblets, and twenty-four tumolers.
Q. Has the basket ever been seen since? - Not to my knowledge.
Not GUILTY .
209. THOMAS CRISP was indicted for feloniously breaking and entering the dwelling house of Josiah Simcoe , himself and others of his family being therein, about the hour of nine in the forenoon, on the 9th of February , and feloniously stealing therein, an iron horse pistol, value 5s. the goods of the said Josiah Simcoe .
I live at No. 11, Osborne-street, near Ratcliff-highway, St. George's in the East , I have a house there, it was broke open on the 9th of February, about nine o'clock in the morning, there was some knocking at my door, and I went to see what was the matter, and Mr. Robins, a near neighbour, had a pistol in one hand, and asked me if I had lost it? he had the prisoner in the other.
Q. Who was in the house at that time? - My wife, myself, and four or five children. Mr. Robins asked me if I had lost any thing? I told him I did not know that I had; he then asked me if that was my pistol? I turned into my front parlour and looked, and saw but one, and about ten minutes before there were two laying there, one was gone, and that was the pistol that Mr. Robins brought. We were then going to take the prisoner to the watch-house, and we met with an headborough, who took charge of him, and he was immediately conducted to the watch-house.
Q. In what condition did you find your house? - He must have lifted up the fash.
Q. Why do you think so? - I am sure it must be so, it lay within a foot of the fash window a few minutes before, the fash was put down again.
Q.Was it shut or open ten minutes before? - Shut.
Q. Was it fastened at all? - There was a brass screwed at the side of the window, so as to let in a little air, so that nobody could get in, it could be lifted up about four inches, and admit a person's hand, but nobody could get in.
Q. In what situation was your outer door before that time? - It was shut.
Q. How was it when you looked into your parlour ten minutes before? - It was shut then, I think they could not come in at the front door.
On Sunday morning I was going along Portland-street, and I saw a lad who crossed the street to me, and he said Mr. Robins, them two are after no good, says he, they have been trying to get in at that window several times, with that I looked myself, and saw them try two or three times; the prisoner was one of the two; with this I was going to Harrington-street, towards where this lad lived; I said, if you see any thing call to me, in a minute the boy called out to me, Mr. Robins, that man has taken something, and got it under his coat; I went up to him very leisurely; says I, my lad, you shall come along with me back to that house; what house? says he; says I, to carry what you have taken out of that window; the other walked off, as unconcerned as any thing in the world, I had no suspicion, only making the man take it back; I did not think to have the trouble I have had with it. Then he puts down from his hand a pistol;
On Sunday morning about nine o'clock, I was going to Captain Curling's for my pots, and I saw two men go two or three times to the window, I told Mr. Robins, he told me to stand by, and if they did any thing to call him, just as he turned, they took something out of the window, and I told him, and he went and catched hold of this man.
Q. Did you see either of them open the window? - I saw this here one open the window, they were both together, I saw him take something, I could not tell what at that time.
On the 9th of this month I was going along Ratcliff-highway, and I met these people with the prisoner, and I took him into custody, and the pistol, I have got it now.
Prosecutor. This is my pistol, it is worth five shillings.
Prisoner. On Sunday morning about nine o'clock, as I was coming from Wapping church, coming down Osborne-street, I saw this man go along with a pistol, and directly as I came to the top of the street, that gentleman, Mr. Robins came up to me, and took me back, and when I came back, near to this gentleman's house, Mr. Robins picked up this pistol, and said, I had no occasion to lay it down.
Of breaking and entering, and of stealing, but under the value 1s.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
I am a dealer in hams and tongues ; I lost a watch on the 10th or 14th of May last, it was seen on the 10th at night, I saw it myself, but as I did not wear it, I did not always wind it up, I did not miss it till Tuesday night, the 13th or 14th, I don't know which, we had some chimney sweepers coming the next morning after, the 13th or 14th in the morning, on the night before, I said, I will go and take my watch away from the counting house, I would take it up stairs, for fear the chimney sweepers coming in the morning, they should take it away from me; I went into the counting house, to take the watch in the dark, and I found it was gone, I made all the enquiry about the house, whether any body had taken it away from there, I could find no account of it at all, I heard of it on the 3d of February last, from Mrs. Holliday, some woman that knowed Mary Mead , or Mary White, the prisoner, and I found that the watch was pawned at Mrs. Nicholls's, at Shadwell.
Q. When did you see your watch again? - I went to the office, and took
Q. Do you know her again? - No, I do not. After the watch had been in pawn sometime, a person of the name of Holliday came and wanted to have some more on the watch, and I refused to lend any more on it, that was not the time it was first pawned.
I know nothing about the watch, more than on Monday the 13th or 14th of May last, Mrs. Mead came into my house, and she drank a cup or two of tea, and she pulled the watch out of her bosom, and she said that she had it of a young man that owed her three pounds ten shillings, that he had put this watch into her hands, and that he was gone to sea, and that he was to redeem it when he came back, and that he left it her to pay herself with; and she went out, and when she came back, she said, that she had pawned it for twenty-five shillings, at Mrs. Nicholls, in Broad-Street, Lime-house; in the course of a week or a fortnight she gave me a ticket, and asked me to try to get five shillings more on it, which Mr. Latimer refused me, and I gave her the ticket again.
I live at Mr. Scarlet's, my master and mistress were out on Sunday the 12th of May, and I let the prisoner in about five o'clock, between four and five, she has been there several times, she came there to see her sister, who was servant there, the counting house, where the watch was in, was inclosed up, it adjoins to the parlour, there is no occasion of being in that on a Sunday, but the bunch of keys that unlocked the cellar door, had the key of the counting house with it, and I left the keys in the cellar door.
I am a constable, I apprehended the girl.
Prisoner. This here gentleman owes me a bit of spite, and I know nothing about it, I am a distressed young woman; I lived servant with Mr. Wood, an intimate friend of Mr. Scarlet's, and he would not pay me my wages, and I commenced an action against him, by my so doing, the said Mr. Wood hath prevailed on Mr. Scarlet to bring this prosecution against me, I am quite innocent of the crime laid to my charge; Mr. Scarlet and Mrs. Holliday, both said at the Justice's, that they did not believe that I stole the watch; Mrs. Holliday is also quite under the influence of Mr. Scarlet, and hath been ruled by him; I am totally distressed, I hope you will not see me lost, without inspecting into my cafe.
Court to Scarlet. Did you ever say before the magistrate, or any other time, that you believed she did not steal the watch? - I did not.
GUILTY . (Aged 22.)
Imprisoned twelve months in the House of Correction and fined 1s .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
MARY PROSSER was indicted for stealing, on the 29th of January , a yard of-printed cotton, value 1s. 6d. and four yards of muslinet, value 2s. the goods of Josiah Craig .
I am a linen draper, and shopman to Mr. Craig, he is a linen draper . On the Wednesday the 19th of January, the prisoner came with two other women, between two and three in the afternoon, I see her lay her cloak on this musliner, and when she took her cloak up, she took up this muslinet with it, and put it in her pocket.
Q. Where is your house? - 316, High Holborn . She was going away with it, I stopped her, and desired to look into her pockets; and she told me she had no pockets on; I desired her to put her cloak back, and I found she had pockets.
Q. Where did you find it at last? - In her pockets; I found the muslinet in one pocket, and this piece of printed cotton in the other; her pockets were put back behind her shoulders, she had two long great pockets; I know the cotton by the pattern, and I know the muslinet by the shop mark; it is Mr. Craig's property.
Prisoner. My sister and I went to this place, to buy a couple of muslin gowns, to the first thing that she bargained for, was a bit of muslin, and a bit of callico to make a petticoat, and she told me when she got change that she would buy them, and pay for them; on that account when I see her paying for the gowns, I took them up and put them into my pocket.
Court to Brown. Did the sister pay for what she had? - Yes, and carried away what she paid for; I believe this to be a very old offender.
The prisoner called five witnesses who gave her a character.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
212. THOMAS PARNELL was indicted for that he, on the 31st of January , feloniously, and without any lawful cause, was at large in the Kingdom of Great Britain, for which he was sentenced to be transported in February session, 1790 .
I know the prisoner at the bar, I saw him at the bar in February session 1790; he received sentence to be transported; I am positive it is the same man. Afterwards he received a pardon, on condition of transporting himself; he was discharged the 27th of January 1791, having a month's liberty to go abroad.
I received information on Friday, the 31st of January last, that the prisoner was not abroad, but that he was in a public house drinking, and Jealous and I went and apprehended him. I found him at a public house facing the King's Mews, last January, this present year.
Q. Where is this public house? - Facing the King's Mews, the Black Horse alehouse.
Q. Did you take him into custody? - Jealous and I took him into custody; I looked in his face when I first saw him, and asked him his name; he gave a false name at first; he said his name was James, I knew enough of him to know his name was not James.
Q. You took him in this place, that is Middlesex? - It is.
(The record of his conviction read.)
I was with Townsend; he was apprehended in this public house; at the back parlour.
Prisoner. My Lord and gentlemen of the jury; on or about the 23d or 24th of January last, I was at Dunkirk, and on account of the troublesome times there, me and two more Englishmen got into an open boat, and got off from Dunkirk, to see if we could get on board a ship going to America, or any other part; we got clear of the Roads, and with our night glasses we saw a vessel, and she appeared to be a smuggling vessel, going to Dover, she came up to us, and they took us up, and brought us to Dover; I made application there for any ship going to the Indies, but I could not procure any thing at Dover, I came up the next day, I applied at Lloyd's coffee house, and I could not find any thing there. At this time there is no such thing as an Englishman's living in Dunkirk, unless he will take up arms against the English nation; knowing the circumstances I laid under, in having received the humane mercy, I had received of my Sovereign, I never could dare to take up arms against my nation and my Sovereign; but they said that the English had forced the French in their towns that they took to take up arms against the French nation, therefore the English that lived in their towns against Flanders, should also take up arms to do the same; and if I had taken up arms, I should have deemed myself a rebel. As soon as Valenciennes was taken, there were three Englishmen were taken in the midst of the French, and were executed directly; there is another person who obtained a pardon with me, and at this time he takes a part in Dunkirk against the English. I have no witness, because I did not like to make my cafe known to the tradesmen that came over with me. I have further to say, that particularly after the attempt at Dunkirk they have been more sharp on the English than they were before.
GUILTY . Death . (Aged 25.)
Tried by the London Jury before Mr. RECORDER.
213. JAMES WAREHAM was indicted for stealing, on the 17th of February , a piece of linen cloth called irish, containing in length twenty-six yards, value 1l. the goods of George Seddon , the elder , Thomas Seddon , George Seddon , the younger , and Thomas Shackleton .
Mr. Knowlys. I wish to ask you whether you had a man that bore a better character in your house? - I never knew him bear a bad character before this.
Q. Mr. Seddons gave him the same character before the Alderman? - I believe he did.
I am one of Messrs. Seddons foremen, these articles are not in my department; I was going into a warehouse where these kind of goods are kept, on Monday evening last, on endeavouring to open the door, I felt the door press against me, I pushed the door with more force, and opened it, at the time the door opened, I heard something, I looked behind the door, and saw the prisoner at the bar stooping down behind the door;
Q. Was there light enough to see this? - I had a light; he then took up the piece of cloth, and carried it towards the opposite end of the room; there is a counter at the opposite end of the room, which is for the use of the room, in cutting out different kind of articles in the upholstery business. I followed him, thinking he would put the cloth on that counter, he passed the counter, and went up the other side of the room, towards the end where I first see him, he then came round, to nigh the same way that he went first.
Q. What time might this be? - Between the hours of seven and eight; then he went down to the counter, and placed it on the counter, I followed him, took the piece of cloth up as he had put down; he then made a return towards the door that I came in at; I followed him part of the way, and seeing him go that way towards the door, I put it down on the counter again, where I had took it up from, he then came back, seemed very much agitated, and confessed he was very sorry for what he had done, he was very sorry for what I had catched him at; I saw him out of the room, double locked the door, and communicated the circumstance to Mr. Shackleton.
Q. What was his business in the house? - A porter .
Q. Had he any thing to do in that room? - Not at that time of night as I know of. After this Mr. Shackleton and Mr. Seddon's sons came up to the prisoner, Mr. Seddon's sons asked him if he had any accomplice? this was the first question Mr. Seddon asked him.
Mr. Knowlys. Had Mr. Seddon told him it would be better for him to tell all the truth about it? - That I cannot recollect.
Q. Will you swear that he did not? - It is not clear to me that he said it, but I will not take my oath that he did not.
Q. Was that all that passed? - No, it was not.
Q. How did the conversation begin - I nat was the first that I heard Mr. Seddon speak to him.
Q. Did not he afterwards add that it would be better for him, if he would tell all that passed? - Not that I know of.
Court. He asked if he had any accomplices, what did he say then? - He said he had not; he then asked him if he had taken any thing before, and pawned it? and begged that he would give the pawnbroker's name up; he declared he had not taken any thing, nor never pawned any thing, I believe them are the very words, Mr. Seddon desired me to go and fetch a constable, to go and search his apartment, and then I left him.
Q. What was this piece? - It is a piece called irish.
Q. Do you know it from that description? - I do not of my own knowledge.
Mr. Knowlys. You say this room is not in your department? - The upholstry branch is not in my department.
Q. You found him, you say, behind the door? - The door opened on him.
Q. Now at that time where was this linen? - It was on the floor, close to his legs.
Q. Now you cannot tell where that linen was before? - No, I cannot.
Q. You have not the afforting of the linen, nor the disposing of it, the thing may get out of its place, or be mislaid, and you not know any thing about it? - It may.
Q. Therefore where that piece was before, you cannot say? - Not of my own knowledge.
ROBERT BENNET sworn.
I am an upholsterer, I know nothing more than that the private mark of the outside cover is my hand writing.
Court to Smart. What was done with that piece that you took from that room? - I put it into the constable's possession.
I am a constable, I produce a piece of linen, I received it out of the room by the hands of Mr. Smart and Mr. Shackleton.
Sbackleton. I know it is our property.
The prisoner called five witnesses who gave him a good character.
Prisoner. I had a key to go in and out of every room in the house, between the hours of six in the morning and eight at night.
Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
214. JAMES WEEDON and PETER MACGINNES were indicted for stealing on the 7th of February , three bushels of coals, value 3s. the goods of Thomas Wood , William Wood , James Richard Wood , Thomas Horne and Leonard Phillips .
I am foreman to Mr. Wood, and his Partners, they are lightermen. On the 7th of this month, I was in at the Waterman's Arms public house, at Shadwell Dock , a man came in and told me there were two men stealing of coals; I went out, when I went out I saw the prisoners at the bar, on board of the barge, the property of Messrs. Wood and Co. it was laying inside of the Shadwell Dock, inside of the Tier; the prisoners were on board of the lighter, the barge was there, it was laying along side of the Adamant, Captain Jackson, they were from the Adamant.
Q. Had you been lately on board that barge? - I had quitted that barge about two hours, she was put along that ship which came from Newcastle, she was from the Port of Whitby, with coals.
Q. Had any part been taken out of the Adamant into the barge? - Yes, they had.
Q. When, that morning? - No, before; they had been to work a couple of days before, if not three, but I think only two days.
Q. On this alarm being given you went out, how near was this Waterman's Arms to where the barge lay? - The Waterman's Arms is about twenty yards from the Adamant. When I came there I saw two men in the barge, and I observed him doing something, as I thought, it was filling the bags, it was between the hours of three and seven, it was the dusk of the evening; I waited on the stairs till the lad got another boat along side of the barge, there was a boat coming up the river, with a little boy in her of about thirteen or fourteen years of age, she went on long side of the barge, and I saw the prisoners at the bar.
Q. Did you see whether they waited that boat, or called it? - I do not know, the two men when she came along side of the barge, they put three bags of sacks of coals in, I am sure they were half full, each of the bags.
Q. Were these bags put all at once, or one after another? - One after another. Then the waterman's, boy or whoever he was, took and shoved away from the barge, and was going up the river, the tide was going up; they shoved away about the distance of a hundred yards, as near as I can guess; these two men had got into the boat with the boy, the two men that I saw do this were the prisoners at the bar, then I and some more assistance took a boat from Shadwell Dock Stairs, where I was on shore, pursued them and secured their boat to ours, and lowed them down against the stream to Shadwell Dock Stairs, they had got down about one hundred yards from the barge when I stopped them.
Q. What past when you came up to them? - I told them they had been robbing of the barge, of course I should take them before a magistrate; there was one of the men that was in the boat along with me took a crencher and knocked one of them over the arm, and I said, don't use the men like dogs, there is plenty of us to take them. When I came to Shadwell Dock Stairs, the people that I had with me took the bags to the public office at Shadwell, and secured the men, and took them there the same night. The bags were opened and examined at the public office, they contained coals; I don't suppose that the bags belonged to Mr. Wood at all.
Q. You have not got them here? - No, it is not at all material because the identity could not be made out.
Court. Do you know when you first saw the two men employed on board the barge in the way you have spoken of. It was impossible for you to know them at that distance? - I never lost sight of them, therefore I cannot be wrong. The boat contained no other persons, except the two prisoners and the boy, with the three bags of coals; the two prisoners are the men.
Mr. Knowlys. This barge was laying close along this coal ship you say? - Yes.
Q. These men are men who work in unloading this ship? - I don't know that they were particularly on board that ship, but they were employed in that way. I have been told that they were.
Q. Did you happen to see the mate of the ship in company with them that evening? - The mate of the ship was on shore as the captain was on shore.
Q. Did you see the mate of the ship in company with the two men on that day? - No, I did not.
Q. Till the coals are delivered into the lighter they are not your master's property? - Not till they are turned over by the meter.
Court. Is it your master's barge the coals were taken from? - It was.
Mr. Knowlys. Is it not customary for people to give a small quantity of coals to people that load and unload these ships for their families? - I don't know that; some time back they might when men worked on different terms to what they do now.
Q. You don't know how these men was working on board of that ship? - I did not know they were working on board that ship at all.
Q. You could not get these bags out of the ship but by lowering them into the barge first? - In case that they were the men that had been employed in that ship they must have been gone two hours. That barge that was along side of that ship was detained to load that afternoon, in order to come into our wharf, but the rain prevented us from doing it, on that account we were obliged to leave many a barge half loaded; we cannot go on, because we durst not bring up any thing but what is full pay, if it wants a vat of coals we must not bring them up.
Prisoner Weden. I leave it all to my counsel.
The prisoner called two witnesses to his character.
Peter Macgennis, GUILTY . (Aged 40.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON.
I am a carpenter ; I live at No.4, Edmond's court, St. Ann's. I lost the coat at the corner of Princes-street, Bedfordrow , yesterday, about eleven o'clock, by all account between ten and eleven; I was repairing the house there, I went to grind some tools, me and another man, and a man was left behind, and when I came back I was informed that a man had been in the house and took my coat away, his name is Joseph Smith too that informed me.
Q. Did he bring your coat with him? - No, he was there in the building, and he came down to me, and the plaisterer that belonged to the job, said they saw the man go out with the coat.
Q. When you went back to the house what did you do there? - I found him, they kept him there, they had got my coat in possession.
My name is Joseph Smith too; I am a workman in the same building; my two partners they went to grind their tools, and they left me in the two pair of stairs room to put in the fash frames, their coats were left, and the remainder of the tools that they left, were left in the one pair of stairs; with that there came in a couple of men, whom I did not see come in, but I observed the prisoner at the bar going out; with that the plaisterers that is erecting a seassold in the front of the house, they called to me, carpenter, what is that man got? he has got something under his coat; I said, does not he belong to you? they said they had seen one go out of the building with something, and there was another inside; with that I ran down stairs, and the other man got away, but the prisoner at the bar we saw turning into King-street, in King's-road, down towards Gray's-inn-lane, and I said, if the one was gone we had better go and see what that man had got in his coat; we followed him, and at the corner of King's-road we saw him, about half way down, as far as John-street, and he was coming back, and we met him, and I said, what have you got under your coat? with that we stopped him, and I took the coat which my partner has got now, tied up; we brought him back to the building again, and he was in possession of the two plaisterers, and the coat, till I went and informed my shopmates where they were grinding their tools, and from that he was carried to the justice's. This was the coat; I know it is the other Joseph Smith 's property.
Prosecutor. This is my property, I will take my oath.
Prisoner. Saturday morning between ten and eleven o'clock, I was coming towards Fullwood's-rents, and I saw a man that had worked in some buildings where I had been (he was a painter) says I, painter, are you out of work? says I, I am; then he said, I suppose you cannot give me any thing to drink; I said I could no, because my wife was ill be
Joseph Smith When we did lay hold of him he did say that he was brought into that error; he did not run from us.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
I am a book-keeper at Mr. Phillips's, the carrier , he lives at Bicester, in Oxfordshire, he is a carrier; I have only the hand of putting them in the waggon, I put two flats into the waggon myself; the waggon puts up at the George inn, Snow-hill, and the waggon was returning, I put the flats into the waggon Thursday evening about six o'clock, as near as I can recollect, they had brought up butter and was returning into the country empty; the cloths were what brought up meat, meat cloths; I had no knowledge of the waggon being robbed till Friday morning, I ordered it out about ten, but it went out a little earlier than usual being heavy loaded; I did not see the waggon go out on Friday morning, I was down at the inn, and Mr. Cole, which was the officer of the night in St. Giles's office, came down to me to know if Mr. Phillips's waggon had been robbed; I told him I did not know that it had been robbed; he then produced to me the meat cloths.
Q. How these were taken away or what, you cannot tell yourself? - I cannot. One of the cloths has Mr. Phillips's mark on it; they were put in empty hampers.
I am a watchman in Dyott-street, St. Giles's. Yesterday morning, after I called the hour of five, I was called by William Bowman , he keeps a house in Carrier-street, St. Giles's, he told me that there was a man came to lodge with him a week before that, and that he came in this morning in his house, and he suspected he brought in some stolen goods with him; accordingly I went with him to his house directly; the prisoner at the bar was in the room, and the two flats, and the two cloths in them; I brought the cloth then and him away to the watch-house; the cloths I left in the constable's custody (David Cole) the flats they are in the same room still, they are very cumbersome, they have got the mark of W. Phillips on them.
I live in Carrier-street, St Giles's; I keep a lodging house; I never saw him in my life before yesterday morning; his wife came and took a room at my house yesterday was a week; I never saw him till yesterday, his wife took the lodgings, and he came into the house to lay there when he thought proper; his wife was sent to Bridewell, and his wife being put into Bridewell, I had a strong suspicion about the man. I got up yesterday morning early to go to work, about
Q. Was he there alone? - No.
Q. Who was with him? - A girl of the town that he brought in from the street. My wife she came up and came into the room, and asked for her rent, the week being expired, which he refused paying; my wife asked him how came he to bring that girl into the room, and into her bed? he replied it was his sister; I said it was very uncommon for a man to have his sister in bed with him. My wife turned about and see this lumber of baskets in the room; I said to him, this is what you have been robbing all night; I told my wife to keep the door secure till I called the watchman; accordingly Hogan, the watchman came, and the watchman took him and linen to the watch-house. The constable of the night viewing of the linen and the letters on them, said he thought he could find out where they belonged to, and he came up to my house, and he looked at the baskets, which he said were part of the property, and they were taken to the bench of justices, at Marlborough-street, and there they bound me over to come and tell the court, which is a very heavy loss, because I am a very poor working man.
DAVID COLE sworn.
I am a constable of the night. Yesterday morning, about half after five, the watchman brought the prisoner to the watch-house and the cloths, I asked the prisoner whether the cloths were his property? he told me he had found them; I examined the cloths and I found they were marked W.Phillips on them; I took the charge, and I locked him up; after I had taken care of the prisoner I left him there, and went and searched his lodgings, I went to his lodgings and I found two flats in the room with the same name there is on the cloths, we left them in custody of Mr. Bowen, the man that keeps the house; after that we went to the watch-house again and stopped my time. In the morning I went up to the Green Man and Still, to see if I could find out the owner; they told me Mr. Phillips's waggon put up there, I should find the book-keeper there; I went there and I asked him if he knew of Mr. Phillips's waggon being robbed? he said no; I asked whether it put up there? he said, yes, then I shewed him the cloths, and marks, and asked him if they were Mr. Phillips's? he said, yes. We went together then to Marlborough-street; he was examined then before the magistrate, and committed to prison.
Holt. One of these cloths is marked with the name at full length; the other is not marked at all; they generally have one in each hamper, in order to know who the meat comes from; he finds hampers for the whole of the butchers, but not cloths, therefore we know by the name who they belong to; these baskets were butter flats but these cloths were put into the hamper where the meat had come from; these cloths were in the meat hampers returning home, not in the flats. The flats were at the tail of the waggon, and tied in such a manner that it was impossible to get them out without cutting the rope; the waggoner is not here; I made enquiry at the Green Man and Still, and they told me his ropes were entirely cut to pieces; I saw the ropes of the waggon fast; the cloths was in
Q.Can you at all say whether these were the cloths that you set out with Thursday night? - I know it very well by the mark, and I know there was no others of his in town at that time. These cloths are never left, we always return them the day they come up.
Q. When did you see the flats? - Yesterday morning. One thing Mr. Bowen omitted in his evidence.
Court to Bowen. Have you any thing more to say? - He first said yesterday morning, that he was a butcher by trade, and the girl told him before his face that as soon as he pulled out the linen, he pulled out some skewers, which he threw down under the grate, and the constable picked them up and put them in his pocket.
Prisoner. I was coming home Thursday night, between nine and ten o'clock, and I saw these two baskets and these cloths lay down in the broadway of St. Giles's, laying down in the middle of the road, I took them up and carried them into my room. Between five and six Mr. Bowen and his wife came up into my room, and asked for the rent; I said it was not due; he then snatched up these two cloths and said he would keep them, and his wife took and slapped me in the face twice; then Mr. Bowen ran and fetched a watchman from the watch-house, and came back with the cloths.
Q. To Holt. You did not see the waggon set off? - I did not.
Q. Then whether they were taken from the yard or past, you don't know? - I know they were not taken from the yard; all that I know of it, is, that he left word at the Green Man that his waggon was cut open in St. Giles's.
GUILTY . (Aged 22.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Baron THOMPSON.
I am a watchman of Dice and Smart's Key . On Saturday the 1st of this month a little before five, I saw the prisoner at the bar plundering an hogshead of raw sugar, I did not know who it belonged to at first, but it had passed the King's beam; it was on Mr. Bolt's wharf; they are in his charge as soon as they come on the wharf.
Q. Are you sure that Mr. Bolt is paid for wharsage? - The sugar had passed the King's beam, he will be paid or ought to be. The head was partly broke in, the prisoner had got his hat full, and he was putting more in his apron, and I took him in that situation; what he had got in his apron was not worth bringing
I am a constable; I produce some sugar, I received it of Wood; I have kept it in my possession ever since.
Prisoner. I worked at Chester and Brewer's key, and have always been trusted in the buildings; I had been in the buildings most part of the day, I was admitted a scraper or any thing, when there was nothing to do; this morning there was little to do, we weighed ten hogsheads for shipping; my master told me he had very little to do that day, so he told me, Thomas, you may as well go along with the cooper, and hold the hoops for him, very likely he will give you a bit of sugar when you have done; I went with the cooper, and was with him about four hours; he desired me to get another cask to pitch, and turn them; I did so. When we had done he asked me whether I had an handkerchief to carry a bit of sugar? so I told him no; he said, then take your hat off and he filled my hat; coming along this place there were several people there, I stopped and I took a bit of sugar from there and I eat it; I had my hat on my head with the sugar, and he took me up and sent me to the compter. The sugar was given me by the cooper for assisting to hold the hoops before I came to this place.
Q. To Wood. Are you sure that you saw him put it in his hat, and put it on his head? - I am.
Q. What may be the value of it altogether? - About half a crown; here is five or six pounds of it.
GUILTY . (Aged 27.)
Publickly Whipped one hundred yards in Thames-street, near Smart's and Dice Key .
Tried by the London Jury before Mr. RECORDER.
I am a constable and patrole of Dowgate Ward. About six o'clock last Monday night I was going my round, I saw the prisoner at the bar just going by me, I was just going across the lane where he was going up, I was going by Bush-lane, he had this bundle under his arm; I stepped up to him, I said, my friend, what have you got? he said he had got nothing but an empty bag; I asked him if there were any thing in it? he said, no. I felt the bag, and I thought there was something in; he said no; I felt the bag and I thought there was something in it, and I found in it the indigo which it contains, I have kept it till now; I asked him how he came by it? he said he found it. I took him down to where he worked, he worked with Edward Hanson, and Co.
Prisoner. I said I had got something in my bag, and he says, I said nothing.
Q. What did you see in these parcels? - Indigo. I examined the samples and went down to the chest where they were taken from, and I am positive they are the same sort; one parcel was taken out of the chest where there is but a small parcel of indigo, not common; they were taken out of two different parcels and two different sorts.
Q. How many sorts were there in the bag? - Two sorts.
Q. Were they blended together or separate? - They were in separate papers, they are in separate papers now.
Q. Is there the same quantity found as you missed? - That we cannot tell, because the chests are repacked, whether there was more or less lost I cannot tell.
Q. Do you know whether that corresponded with what came out of the chest? - I am sure this came out of the chest.
Prisoner. I worked with Messrs. Hanson, Pearson, Stiles, and Pearson; I worked with them sometime, and on Monday I went first to Chequer-yard, there I continued till half past two o'clock, first piling some wool, then I went down to pile some silks, then I went from there and went to my dinner, and a man came in and said, Green, you must go with me; I immediately went with him, it was then a quarter after three; I went with him to the Steel-yard, and worked with him twenty minutes or a quarter of an hour; I came up again, and Mr. Green ordered me to go with this man up to the warehouse, in Mud-lane, which I did; when we had done I asked this man to lock up while I went down into the necessary, says I, I shall be off nearly as soon as you. I went down to the necessary, and afterwards, in running along Thames-street, I picked up this sack, I saw it laving as I ran by, I ran by it and saw it, and went back and took it up; afterwards I met this man, Wainwright, and he said, Green, what have you got there? but before this' I went and threw it into Mr. Barker's, the public house were we are paid; I goes to Mr. Pearson's and there I gets my note for my day's work, two shillings, I goes and gets my two shillings, and has a pint of beer and drinks it; a man says to me there, what will you have for this sack? I said, you shall have it for a shilling, not noticing then there was any thing in it; after I got out and was a little up Bush-lane I thought I felt somewhat, and then I met Wainwright, he said, what have you got there? says I, I don't know, and with that he took me to the counting house. I have no witnesses: if Mr. Wainwright had got that man for me that he promised to do, he would be a witness; and Mr. Hanson knows, and Mr. Pearson and them, that I have never been in the indigo warehouse since I have been in the Steel-yard. Mr. Hanson weighed the chests, and the chests weighed the gross weight as when they came.
Hanson. I went down and desired the merchants clerk to weigh it, and one was weighed by those that, no doubt, had a hand in taking it.
GUILTY, (Aged 25.)
Tried by the London Jury before Mr. RECORDER.
(The indictment read by the clerk of the court.)
The King against Daniel Isaac Eaton.
London to wit. The jurors for our Lord the King, upon their oath present, that Daniel Isaac Eaton, late of London, bookseller , being a malicious, seditious and evil disposed person, and greatly disaffected to our said Lord the King, and to his administration of government of this kingdom, and unlawfully, maliciously, and seditiously contriving, devising, and intending to scandalize, traduce, and vilisy, our said Lord the King and the regal power and office established by law within this realm; and to represent our said Lord the King as sanguinary, tyrannical, oppressive, cruel, and despotic; and thereby to stir up and excite discontents and seditions amongst the subjects of our said Lord the King, and to alienate and withdraw the sidelity, affection, and allegiance of his said Majestly's subjects from his said Majesty's person and Government, on the eighteenth day of November, in the Year of our Lord One Thousand Seven Hundred and Ninety-three, at London aforesaid, in the Parish of St. Mary-le-bow, in the ward of Cheap, unlawfully, maliciously, and seditiously did publish, and cause to be published a certain pamphlet, intitled,"Politics for the People; or Hog's Wash," containing therein among other things, certain scandalous, malicious, inflammatory, and seditious matters, of and concerning our said Lord the King: that is to say,
"You must known then, (meaning know) that I used, together with a variety of youthful attachments, to be very fond of birds and poultry; and among other things of this kind, I had a very fine majestic kind of animal, a game cock."(meaning thereby to denote and represent our said Lord the King)"a haughty, sanguinary tyrant, nursed in blood and slaughter from his infancy, fond of foreign wars and domestic rebellions, into which he would sometimes drive his subjects, by his oppressive obstinacy, in hopes that he might increase his power and glory by their suppression. Now this haughty old tyrant." (again meaning our said Lord the King)" would never let my farm yard be quiet, for not content with devouring by far, the greater part of the grain that was scattered for the morning and evening repast, and snatching at every little treasure, that the toil of more industrious birds, might happen to scratch out of the bowels of the earth, the restless despot."(meaning our said Lord the King)"must be always picking and cussing at the poor doves and pullets, and little desenceless chickens, so that they could never eat the scanty remnant which his inordinate taxation left them, in peace and quietness: now though there were some aristocratic prejudices hanging about me from my education, so that I could not help looking with some considerable reverence upon the majestic decorations of the person of King Chaunticlere."(meaning our said Lord the King)"such as his ermine spotted breast, the fine gold trappings about his neck and shoulders, the flowing robe of Plumage tucked up at his rump, and above all, that fine ornamented thing upon his head there,-his crown or coxcomb, I believe you call it, (however, the distinction is not very important) yet I had, even at that time, some lurking principles of aversion to bare faced despotism, struggling at my heart, which would sometimes whisper to me, that the best thing
And the Jurors aforesaid, upon their oath aforesaid, do further present, that the said Daniel Isaac Eaton, so being such person as aforesaid, and so devising, contriving, and intending as aforesaid, afterwards to wit, on the said eighteenth day of November, in the said year of our Lord One Thousand Seven Hundred and Ninety-three, at London aforesaid, in the parish and ward aforesaid, unlawfully, maliciously, and seditiously, did publish, and cause and procure to be published, a certain other printed pamphlet, containing therein, amongst other things, certain scandalous, malicious, inflamatory, and seditious matters, of and concerning our said Lord the King, according to the tenor and effect following; that is to say.
"I had a very fine majestic kind of animal a game cock," (meaning thereby to denote and represent our said Lord the King) "a haughty, sanguinary, tyrant, nursed in blood and slaughter, from his infancy; fond of foreign wars and domestic rebellions, into which he"(meaning our said Lord the King,)"would sometimes drive his subjects by his oppressive obstinacy, in hopes that he might increase his power and glory by their suppression." In contempt of our said Lord the King, and his laws, to the evil and pernicious example of all others, in the like case offending, and against the peace of our said Lord the King, his Crown and Dignity.
And the Jurors aforesaid, upon their oath aforesaid, do further present, that the said Daniel Isaac Eaton, so being such a person as aforesaid, and so devising, contriving, and intending, as aforesaid, afterwards to wit, on the same eighteenth day of November, in the said year of our Lord One Thousand Seven Hundred and Ninety-three, at London aforesaid, in the parish and ward aforesaid, unlawfully, maliciously, and seditiously, did publish, and cause to be published, a certain other printed pamphlet, containing therein, among other things, certain scandalous, malicious, and inflamatory matters, of and concerning our Lord the King, among others, according to the tenor and effect following: that is to say.
"The Reflexions of a True Briton."-"Kings" (meaning among others our sovereign Lord the King)" are wolf shepherds; Homer stiles them devourers of the people; and they do not appear to have lost their original taste." In contempt of
(The indictment opened by Mr. Raine, and the case by Mr. Fielding.)
Q. Look at that book and tell me whether you bought it any where? - I bought it at No. 81, Bishopsgate-street.
Q. At the time you bought it or soon after did you make any mark on it? - I did in half an hour after.
Q.Who kept that shop? - Daniel Isaac Eaton.
Q. When did you buy it? - The 18th of November last, this and two other numbers of the same titles, six seven and eight I bought for a gentleman.
Q. Was it a separate thing at the time you bought it? - It was, and I bought two others at the same time.
Court. The pamphlet under prosecution for is No. 8? - It is.
Mr. Woodhouse. What are you? - I am a news carrier.
Q. What did you go to buy them for? - I went to buy them for a gentleman, one Mr. Bibbins.
Q. Is he a news carrier too? - No.
Q. You get your livelihood solely by carrying news? - Yes.
Q. That is the only trade you follow? - Yes.
Q. You never get any thing by informing? - Never.
Court What day was this you say you bought this book? - The 18th.
Mr. Knowlys. My learned friend asked you how you came to go to that shop, was it not because it was to be bought there? - It was.
Mr. Gurney addressed the court on the part of the defendant.
Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
221. JOSEHH KIRKHAM and JOHN WHALLEY were indicted for stealing on the 7th of February twelve yards of muslin for handkerchiefs, value 4l. ten yards of printed muslin, value 15s. twenty-three yards of other muslin, value 1l. ten yards of other muslin, value 2l. twelve yards of printed cotton for handkerchiefs, value 2l. the goods of Alexander Sangster , in his dwelling house .
(The case opened by Mr. Knapp.)
I am a warehouse keeper in Milk-street, Cheapside . On the 7th of February I was told I had lost some property, on Monday, or prior to that day, I received an anonimous letter, and I suspected I was robbed, and I employed a watchman, William Boreman .
Q. Was Kirkham your porter ? - Yes.
Q. Do you know any thing of the other prisoner? - No, I do not.
I was employed by Mr. Sangster, on Monday, about the 2d or 3d of February, I waited several mornings in Milk-street, to watch. On Monday morning the 7th of February, at seven o'clock in the morning, I perceived a man come down the street, pass Mr. Sangster's door, and up a little court, which they call Godfry's-court, that goes out of Milk-street, he returned again very shortly, in the mean time, before he got back to Mr. Sangster's, Kirkhan came and opened the door, he came out of the door, took down one shutter, and the other man, who is the prisoner Whalley, went into the door, that was the same man that I had seen come down the street.
Q. Are you sure that the man that went past the door and returned back again, was the prisoner Whalley? - I am. Kirkham took down one shutter and car
Q. Did you take Kirkham into custody? - No, another gentleman took him into custody.
Q. Had the man any bag when he went into the shop? - No bag nor bundle, that I perceived.
Mr. Knowlys. I am for Whalley. This bag came out of the shop? - It did not belong to Whalley at all.
Q. You did not see him carry it in? - I did not.
Q. Kirkham was in the shop at home when Whalley went first in? - Kirkham followed him in.
Q. Did you hear the conversation that passed between them? - I was at the corner of Mountford's-court, not able to hear the conversation that passed between them in the house.
Q. And when he went away with the bag, Kirkham followed him to the door? - He did.
Q. You had watched for four days before you saw Whalley? - Two or three mornings I had.
Q. I believe you attended the examination before the Lord Mayor? - Yes.
Q. Whalley was there committed for receiving, I believe, the goods knowing them to have been stolen? - I cannot tell what he was there committed for.
I live with Mr. Sangster, I am a warehouseman. On Friday morning I was with Mr. Boreman, and about seven o'clock Mr. Boreman said there he comes, the person he alluded to was the prisoner Whalley; I saw Whalley come and go up the court, and when I saw that, I fell back for fear of being discovered, a little after that Boreman said, now he is in, and a little after that he said he came out of the house, we went and took him with the goods on him, when we took him to a house, the Axe, in Aldermanbury, when I helped to secure him, he had a bag under his arm, that bag was taken to the Axe, and delivered to the constable.
Q.Did you see the bag opened? - I did.
Q. Did it, from its appearance, belong to Mr. Sangster? - It did, I have got a list of what was in the bag.
Q. You took that list of the goods at the time? - I did.
Q. Read it - There are three pieces of book muslin handkerchiefs, a piece of juganot, two pieces of book muslin, and two pieces of cotton for handkerchiefs.
Q. You then went back again from him, and sent for a constable and secured Kirkham? - I did.
Q. Had these goods your mark on them? - One piece had Mr. Sangster's private mark.
Q. Do you know whether Kirkham was searched? - I don't know that he was.
Q. Was you the constable that was brought to the Axe, in Aldermanbury? - I was, I was first of all at Mr. Sang
Q. Did you search him? - I did a little afterwards.
Q. Did you find any thing on him? - Nothing but the sixteenth of a lottery ticket. I went along with somebody to the Axe, and there I found Whalley, and took him into custody.
Q. Did you see any thing of any bag there? - Yes; the bag is in the box here.
Sangster. One piece, I think, is my property, it is a piece of book muslin handkerchiefs, it has my private mark on it, it cost me upwards of forty shillings.
Q. How long have you had it? - That I cannot be positive; the other pieces I cannot say that they are mine, only from the circumstance that they came out of my shop that morning, and I had the same in my shop, because the marks are not on them.
Mr. Knowlys. You say that the piece that you can identify, cost a little more than forty shillings? - It did.
Q. But perhaps now the original manufacturer would have sold it for something less than forty shillings at this time? - I believe they would.
Court. Had you such goods as the other in your shop? - Yes, I had such on consignment in my shop.
Q. Look at this confession of Kirkham's, the signatures of it. - It is my hand writing, the prisoner's hand writing, and the Lord Mayor's.
The confession read.
The voluntary confession of Joseph Kirkham, charged with felony, taken before the Lord Mayor; who voluntarily faith,"that he gave the goods, now produced, to John Whalley , who came about seven o'clock, on the 7th of February last, to his master's house in Milk-street, Cheapside, and that he, the examinant, put the goods into the bag himself. And he faith, that about three weeks or a month ago, he met with Richard Whalley , and went with him to a public house in the Bird in Hand-court, Cheapside, when Richard Whalley said that he wanted a dozen of handkerchiefs, and put half a guinea into the examinant's hand, and the examinant, two or three days afterwards, took twelve handkerchiefs from his master's warehouse, and delivered them to Whalley, and that he has received from him about five guineas. On Wednesday morning last, he gave James Simpson a dozen or a piece of purple shawls, and six other shawls; all which he had taken from his said master's warehouse; and that he had taken from his master's warehouse about one hundred pounds in all; all which he disposed to James Simpson , John Whalley, and Richard Whalley .
Mr. Knowlys addressed the court that on this confession Whalley could not be looked upon as a principal, but a receiver; but which objection the court would not allow.
The prisoner Whalley called three witnesses who gave him a very good character.
Prisoner Kirkham. I leave it to the mercy of the Judge and jury; I have no witnesses here, I only lived with one master in Town.
Prisoner Whalley. Mr. Simpson I have known above this month; he came to my house about three weeks ago, and wished to lodge with me; since that time I understood that he had bought several parcels of goods, which he sold to me again. He came into my house to dinner, on the 5th of this month, and enquired whether I could lend him ten or twelve guineas or not; I told him I could not, but I could give him a draft to answer the same purpose, and he went and received it I suppose. He came home
Tried by the London Jury before Mr. COMMON SERJEANT.
222. JOHN CASTLE was indicted for stealing, on the 7th of February , a piece of woollen stuff, called tabby containing, in length, twenty eight yards, value 1l. two other pieces called callimanco, containing sixty-four yards, value 3l. the goods of John Mason , in his dwelling house ; and
Q. Had you occasion to count your goods by the desire of Mr. Mason? - I counted them the 5th of February.
Q. How soon after you had counted them did you miss any of your goods? - On Friday the 7th in the morning, about half after ten, I missed three pieces of callimanco, and one piece of Tabby.
Q. Do you know how many yards the callimanco contained? - We call one forty yards, and the other thirty.
Q. Had these goods your master's mark on them? - They had, they had a seal with I.M. on one side; the value of the three together is about four pounds.
Mr. Trebeck. Has your master any partner? - No.
Q. Are there any maid servants? - Yes, there are.
I went in consequence of Whalley being taken into custody, to his house in Silver-street, No. 14, the street leading from Wood-street to Faulkner's-square, to a house, I understood to be the house of the prisoner Whalley. I have got a variety of articles in custody.
Q. How do you know it was Whalley's house? - I enquired several days before he was taken into custody, and I saw him go in there and come out; and I found in possession of these articles James Simpson; I took Simpson and searched him, and found in his left hand waistcoat pocket forty-nine guineas; Simpson told me he knew nothing of Whalley.
Mr. Knowlys. Though you found them in a house that you was informed was Whalley's, yet you found the goods in possession of Simpson? - It was so; Simpson lodged there; Simpson came down naked and let me in himself.
I am the landlord of No. 14, Silver-street; I let Whalley the house a little before Christmas; I live just by it; I have got premises adjoining to it.
Q. Did Whalley live at No. 14? - Yes.
I have got the goods, I have had them ever since they were at the Mansion House; they were found at Mr. Whalley's house along with some others.
When I was taken the constable asked me what I was? I told him I was a lodger in Mr. Whalley's house, and I gave him up the key of my box, and he searched me, and in my left hand waistcoat pocket he took out forty guineas; I told him what I had got, I bought them, and I would find where I had bought them. I lodged with Whalley, I lived with him for five weeks to this day.
Mr. Knapp to Green. Look at these goods produced by Fenner? - There is no marks on them, but there were three pieces of that colour came in the day before; the seal is cut off.
Mr. Trebeck. Might not your fellow servant sell them? - He never sells.
Q. Suppose you are out of the shop? - I never am out unless Mr. Mason is at home.
Q. Other warehousemen and manufacturers have some of the same kind? - Yes.
Q. How would you distinguish it from that taken from any other warehouse? - I know it by the colour, that was the same, I cannot swear to the callimanco, I lost two pieces, but I cannot swear that these are the two pieces, but we missed such.
Simpson. The night before that I was taken up these things were brought in to Mr. Whalley, by Mr. Mason's man, Mr. Mason's man complained that Whalley would not give up the full money, but always let money be behind, and I offered to let Mr. Whalley have some money to pay Mr. Mason's man. These are the same goods; but Whalley used always to cut the marks off the callimanco; he has brought in different pieces before, but I do not think any thing of this kind. I was taken the Friday morning the 7th.
Court. These two pieces were brought in on Thursday? - They were.
Q. Did you hear Castle say where he came from? - I knew perfectly well where Castle lived, I knew him to be Mr. Mason's man.
Both not GUILTY .
Tried by the third London Jury before Mr. COMMON SERJEANT.
223. JOHN MITCHELL was indicted for stealing, on the 13th of January , privately from the person of Margaret Jones , widow , a leather pocket book, value 1s. a bank note, value 200l. another bank note, value 50l. another bank note, value 40l. another bank note, value 20l. two bank notes, value 10l. each, and a bank note, value 5l. her property .
(The case opened by Mr. Schoen.
I am a widow, I live at Newington. On the 13th of January I had been to the Bank to receive my dividends; I took two notes from the Bank, one was a forty pounds, and the other was a twenty pounds; I put them in my pocket book with some other notes, one of two hundred pounds, one of fifty pounds, one of twenty and two of ten pounds, and a five pound, two hundred and ninety five pounds I took
Q. Did you observe any body at the Bank? - I did not take notice of any person particularly, I desired my little girl to take notice that I put them in my pocket, and that I put them in safe, and I felt my pocket book outside of my gown, after I had put my hand in, and then I was going home, to Newington, to where I live. Before I met with any kind of interruption. I got as far as Gracechurch-street , there there was some people made a stoppage, two women and a man, and asked something about the Greenwich coach; I was going right straight along, on the right hand from the Bank, not by the Church, the other side.
Q. Did you observe who that man was? - Not particularly, I seemed to want to get on, and one of the women looks over my shoulder, and makes a bit of a laugh at the Greenwich coach, they asked the man what he would have for them four to go to Greenwich? that took my attention off, other people were behind, I cannot say how many, when they moved off one man went with the women, and this man went by himself.
Q. Did you observe who that man was that joined the other women? - I knew he was a broadish man by his back, I only see his back, he was the man that had been behind, that made up the four people; he had a light coloured furtout coat on at that time.
Q. How was his hair? - I really did not notice it, for I was really very much frightened, that very moment the croud moved from me, I missed some weight from my pocket, and I put my hand down and could not feel my pocket book, the croud were then leaving me, and then these four walked off.
Q. How did they get at your pocket? - They took my gown up. I felt the weight from me, that I had lost the weight, and that was the reason that I thought I had lost my pocket book.
Q. Did they walk off pretty fast? - They did.
Q. You had no more croud? - The street was clear in less than a minute, or two minutes, and I went first one way and then another, and I said O! dear, what shall I do, and I went to the coachman, and said, did you see any body rob me? and a captain out of the coach said, I saw that man hustle you, the man who was behind you.
Q. You never saw his face? - I did not, but he was a man of the same size as the prisoner, a stout man, and he walked off immediately.
Mr. Knowlys. Pray had you any money in your pocket besides? - I had received twenty-four pounds, and they gave me a twenty pounds note, and the remainder was made up of cash, gold and silver.
Q. Pray what else had you there besides; ladies pockets are generally pretty full, they say there is no bottom to them? - I think there was two guineas and a half, besides the money I received.
Q. What else had you in your pocket? - What keys I had, I kept in my pocket.
Q. What else had you in your pocket? - I don't know that I had any thing else, I am very careful that I do not lumber my pockets with a parcel of litter.
Q. Had you any thing else in your pocket? - Nothing, except my gloves, or such things.
Q. Pray in what kind of a pocket book was it you put these Bank notes in? - Extremely small thing.
Q. Put nothing in it but bank notes? - There might be another paper in it, because I have missed a promissory note.
Q. Was you always sure that you had that pocket book at the Bank? - I am sure I put it into my pocket, and I felt it outside of my pocket, and I found it was in, and I never had any interruption till I got to Gracechurch-street.
Q. You never asked any body whether you left it on the counter in the Bank? - Upon my oath I absolutely put it in my pocket, and I desired my child to see that I put it in safe.
Q. On your oath did you never ask any body whether you left it on the counter in the Bank? - No, I had no occasion to do that.
Q. Do you mean positively to swear that? - I never asked. What I should ask them for?
Q. Did you never ask of any broker? - I never did, upon my oath.
Q. This was pretty early in the receipt of dividends, a good many people there to receive dividends? - There were. I took dividends that were owing me a twelve-month before.
Q. It would have been very easy for any person that was there to have listed up this gown? - But I am sure they did not, because I went out of the place with my pocket book in my pocket; besides there was not many persons in the court, and particularly no croud.
Q.How many people might you meet there? - There was no interruption; there might be one or so.
Q. But there were a number of people there? - There were some, but I met with no interruption.
Q. You never see the prisoner at the bar, till you charged him with this offence? - Not till I knew he was the person.
Q. Was not you in his company three days afterwards, and drinking with him? - I am far from a drinking woman.
Q. Was not you in his company three days afterwards, and drinking with him? - I will tell you how I came to the public house.
Q. Was not you in his company three days afterwards, and drinking with him? - I was in his company for half an hour, but I did not know that he was the person; it was at the Bunch of Grapes, in Bow-street, I did not know that he was the man, or else I would not have drank a glass of wine with him; I dare say he only sent for me on purpose.
Q. Did not you tell him of your loss? - I did, he knew of my loss.
Q. Was this at the public house in Bow-street, where Clarke and Carpmeal were talking of the robbery? - I don't know any of them, I never was in the house before in my life.
Q.Was not Carpmeal one of the officers there? - When I went to Bow-street I asked if I was in time. I had been sent for, they said there were some suspicious people that had been there, and I was to come and see them. They told me to stop a bit, and he would answer me presently, accordingly when the clerk had time, he did, and I had a person along with me, at this time at Bow-street; the clerk says you have not been sent for here; when that was the case I was going home, and I went towards Covent-garden way, and there comes up a man to my relation that was with me, and says, what have you heard any thing more of this affair? and he said yes, he heard something, for he had got partly information who the person was, then this here prisoner came up, and he said I am very sorry for your loss madam, or something to that purpose; the prisoner's acquaintance said to my nephew, come, says he, we will go back and have some
Q. How long did you stay drinking with the prisoner? - I did not stop above half an hour, I did not drink above one glass of wine.
Q. And you did not charge him at all with the robbery? - I did not know him, I gave no charge against him, but I believe two days after the people took him.
Q. On your oath did not you see him in the office in the course of the very day that you made the affadavit? - I did not see him till the very day after, when they supcenaed me to come.
Court. As to the man that robbed you, you had not an opportunity of seeing his face at all? - I had not.
Q. Then you was taken to Bow-street by some idle tale of a letter? - It was so.
Q. At that time you had no suspicion of the man being a thief? - No.
I live at Mr. Price's, No. 18, Grace-church-street; I have the care of the silversmith's shop. On Monday, the 13th of January last, I saw a concourse of people before my master's window, and I saw the prisoner looking in at my master's goods, but by the manner of his looking, I thought he was after no good, then I kept looking at the window, at the prisoner, and I saw him put one foot on the step of the door, which he made a kind of a false slip on one side, as if Mrs. Jones pushed him, when I saw that, I thought my master's windows were in danger, I went to open the door, to desire them to disperse, but as I was opening of the door, I saw them all sheer off; as they were going off, I saw the prisoner standing tip-toe, hanging his head almost over the lady's shoulder.
Q. What became of them? - I don't know, it was not two minutes after, that Mrs. Jones returned crying, and said, that she had missed her property.
Q. How many did he go off with? - There were two women and a man went first.
Q.Had you observed in what situation this man and two women had placed themselves before? - They walked three together, before Mrs. Jones and a little girl, the three were all in company together, and I observed the prisoner was taller than the other two, which were of each side of him.
Mr. Knowlys. You was examined before Mr. justice Staples? do you mean to say that you sware positively to the man? - Certainly.
Q.Now I caution that there are three persons attending here, who were present there? on your oath when an information was read to you, in which it was put down by the clerk, that you was positive to the man, did not you correct that clerk, and say no, I cannot say that? - I certainly was positive he was the man, I never had the least doubt but he was the man.
Q. On your oath did not that pass? - No; to my recollection it did not.
Q. When a man is swearing before a magistrate, he can recollect, and say whether he corrected a person, and said no, I did not swear that so positive. You must recollect either one way or the other? - I might say so the first time.
Q. Now I ask you whether it was not put to you again, and you desired the clerk to correct it? - I remember so far as this, not before justice Staples, but the other justice, Mr. Wills, there was an attorney, Mr. Fletcher there; he says, please your worship, will Mr. Wren positively swear to the man, or does he not? says the justice to me, I would have you examine this paper, and read it over attentively, and think well of it, before
Q. When a man has said you swear so, and you say no, I did not, that is wrong, you must recollect whether you ever said so or not. Did not you twice say so to the clerk, and twice correct the clerk? - Not to my knowledge.
Q. It is a very important fact? - Certainly it is, I cannot recollect that I did.
Q.Will you swear positively that you did not twice contradict him? - I don't think that I did.
Q. Will you swear that you did not, and I will produce two witnesses to you that will swear you did? - No, I do not like to swear I did not, nor I cannot recollect that I did.
Q. Pray in whose company have you been since? - In the company of Macdonner, this lady's nephew.
Q. Did not he tell you that his aunt was up to any rigg? - I never heard any such expression.
Q. On your oath at the several times that you met him, what did you talk about? - Only to attend to the duty of the business; we never met privately about it.
Q. How many times did you meet? - Not above four times, set aside these days that I have attended here.
Q. Pray what might your conversation be about when you met? - About nothing particular.
Q. What else could you converse about but this business of the robbery? - He never said much about it.
Q. He is one of the thief takers, is not he? - I believe he is.
Q.Besides this precious gentleman, Mr. Peter Mayne; there was some gentleman that is in prison here for a conspiracy, Mr. Lucas? - Yes.
Q. You was not acquainted with Lucas, nor Mayne? - No.
Q. Not Macdonner before you went to the justice? - No.
Q. Then I should be glad to know what you met about, if it was not to talk about this business.
Q. Now how long did Peter Mayne and Mr. Lucas meet with you, how many times were you all four together? - We met altogether at justice Staples, we were obliged to be there; how many times we were altogether I cannot say, we had no meetings on purpose.
Q. Did you ever come and meet with these people, except about this business? - No, it was the case of our meeting, or else I should not have met them.
Mr. Schoen. This information was read over to you? - It was.
Q. Have you any doubt that that is the man? - Not in the least.
Court. When you was examined before the magistrate, had you the least doubt as to his identity? - Not in the least.
I drive the Greenwich coach, on the day mentioned in the indictment, I was in Gracechurch-street, it was Monday the 13th of January about a quarter after one, there were two women and three or four men who came up and asked for the Camberwell coach first, I said you had better take a ride to Greenwich; they asked what my fare was? I told them fourteen-pence; I think that is the man that stood by the silversmith's shop, I think he is the man but I cannot really swear to him.
Q. Did they go by the coach? - They did not.
- USUAL sworn.
Q. Do you recollect on the day mentioned in the indictment your being in the coach at Gracechurch-street? - I do.
Q. Did you see the prosecutor there? - I did, I was in the coach about a quarter before one, or somewhere there about that time, and I saw a man come and stood opposite the coach door, I did not hear the question that was asked; just after that I saw Mrs. Jones pass the coach, there was a kind of a mob about the breast of the horses of eight or ten people and a kind of hustle, and the woman was pressed over in that kind of manner with the man's face towards the house, he then clapped his foot on the step on the door and walked off. I asked Mrs. Jones what she had lost, she said she had lost, notes to the value of three hundred and fifty-five pounds. I believe the prisoner to be the man, he appears like the man in the face but I thought the body larger, he had a great coat on, a drab colour.
Mr. Knowlys. Did you see the witness Wren before the magistrate? - Yes.
Q. Did he not at that time say that the person had taken his information wrong for he was not certain of the man? - They asked him if he was positive to him? the answer was, that he thought he was the man, and when they asked him again he said he was positive.
- MACDONNER sworn.
I am nephew to the prosecutrix Mrs. Jones.
Q. I believe in consequence of some intimation she got to go to Bow-street, you went with her? - I did, and I found that intimation was false, I saw Mitchell when we went to Carpmeal's, I don't know that Mitchell said any thing at that time.
I apprehended the prisoner Mitchell, I searched him, but found no notes, nor none in his house; he was described to me as wearing a light coloured great coat, which coat I did not find.
Prisoner. I have nothing to say, only that I know nothing at all about this business.
Q. Was you at the magistrate's office when Wren was examined about this business? - Yes, both times
Q. Will you be so good as to tell us what he said relative to this information? - The first time he positively denied swearing to the man, and Mr. Staples thought so lightly of the evidence that he would have taken any body's word for the prisoner's appearance again.
Q.Then you say Wren denied that he would swear to him? - He did, and so he did afterwards.
Q. The second time he was there did he or did he not make an objection to the information? - I don't know that he did till he was asked the question by Mr. Fletcher, when he said, he would not positively swear, but I think he is the man.
Q. Where do you live? - I live in North East-passage, Wellclose-square.
Q. How long have you known Mr. Mitchell? - I knew him nine or ten years, I know him by levying an execution on him, that is all I know of him.
Q. You did not chuse to be bound for him? - Why should I involve myself.
Q. Though you happened to hear this, Mr. Usual he heard nothing about this, he has contradicted it, he has said no such thing passed? - I believe he will tell you that he could not swear to the man, but I believe this is the man.
Q. What day of the week was this? - I cannot tell.
Q. How long ago might it be? - Three weeks ago.
Q. You cannot tell the day of the week? - I cannot.
Q. How came you at the office that day? - I had a warrant to execute upon an officer that belonged to that office, and one day the magistrate put the prisoner into my custody instead of sending him to gaol, and so I went with him again the next day.
Q. How came you here to day? - I came to hear the trial and to be ready if I was called upon.
Court. Did he describe. what he had seen of the man? - He said he had seen him by his master's own door.
Court. And that he suspected him and that he had a full view of him by the prisoner looking in at the window at the goods? - Just so.
Q. Then you must be surprised that the man should have a doubt because he had a very fair opportunity of observing him? - I was a little surprised.
Q. Then you attended the second time? - I did so.
Q.Neither of which days you remember? - I do not.
Q. Did you tell the magistrate then the second day this man would not be positive yesterday, but he is positive now? - I never said a word, I was not asked.
Q. But it must strike you very odd that the man should swear so positively to him the next day? - The first day he did not swear to him at all.
Q. How long have you been acquainted with Mitchell? - Nine or ten years. I was formerly employed by his attorney not by him, but I saw him several times, before the business was disposed of, and I have seen him repeatedly since and drank with him.
Q. First of all you scarcely knew him, and now you say you have seen him repeatedly since and drank with him, this is something more then serving a writ on him? - It is very true, it is.
JOHM FLETCHER sworn.
Q. Was you at Mr. Staples's at the time that Wren was examined? - I was, I was clerk to Mr. Staples's office five years formerly.
Q. Did this man swear positively to this Mitchell or not? - The first time he did not swear any thing like it, and the Evidence was so slight that Mr. Staples would have taken any body's word for his appearance. This was the first time, it was said by the lady's Nephew that Captain Usual could swear positively to him.
Q. Did you see him at that time? - I did, Wren said it was much like the man; I mentioned it to Mr. Willis, the justice, and remarked these inconsistencies, Mr. Willis asked him several times, he said he was much like the man; at last Mr. Willis rather tired with the examination, bid him read what was wrote deliberately,
Court. Are you clerk there now? - I am not, I am a Notary public.
Q. What was you before, you was a justice's clerk? - I was formerly a clerk.
Q. Then you know it is the custom of the office to return the examinations as they are taken? - It is as far as I know.
Q. Then this examination being read to Wren was altered? - It was not.
Q. Then it stood as originally taken with this doubt upon it? - I believe it stands as originally taken that day, the first examination was not taken.
Q.Therefore with this alteration he would not swear positively to it? - There was no alteration.
Q. Then when it was read over in the presence of the witnesses and they having put down by accident, that he had sworn positively, he objected to that, and would not swear to that extent? - The witness never made this objection, it was me that made the objection.
Q. You know the magistrate read it over to him diffinctly? - The magistrate asked him the question, and he was a long time giving an answer.
Q. Are you in partnership with any body? - No.
Q. You do not practice in the law at all? - No, I am a notary public.
Q. Upon your oath that you have taken, do you understand any other language but English? - No, I do not.
GUILTY, Of stealing but not privately from the person . (Aged 40.)
Transported for seven years .
Tried by the third London Jury before Mr. COMMON SERJEANT.
224. CATHARINE MARTIN was indicted for that she on the 24th of April, in the 30th year of his preseut Majesty's reign , being then married, and then the wife of Lewis Martin , did take to husband Samuel Lark .
Second COUNT, for that she on the 30th of April, in the 22d year of his present Majesty's reign was married to Lewis Martin, by the name of Catharine Connolly, spinster, and that on the 24th of April, in the 30th year of his present Majesty's reign. then and there being the wife of Lewis Martin , did take to husband the said Samuel Lark , the said Lewis Martin being then alive, and that after the felony was done and committed, namely. on the 18th of January, she was apprehended and taken for the felony aforesaid.
(The case was opened by Mr. Knapp.)
I am the clerk of the parish of Shoreditch. I produce the register book of the marriages of that parish, by which it appear that Lewis Martin and Catharine Connolly were married in this church, by banns, the 30th day of April 1782, it was before I was clerk.
Q. Do you know Lewis Martin? - Yes, very well.
Q. You have seen him often? - I have not often lately, I have seen him lately; I have seen him within these two months.
Q. What church were they married at? - Shoreditch church.
Q.Look at that register, the name Joseph Butler? - It is my hand writing.
Q. Did you ever hear him say that he knew very well, before he married this this lady, that she was a married lady? - Yes.
I am clerk of the parish of St. George's, Bloomsbury; I have got the register book of the marriages with me. Samuel Lark , of the parish of St. Dunstan's, in the East, batchelor, and Catharine Connolly, widow, were married at this Church, by licence, the 24th of April 1790, in the presence of John Boyle and John Brimsdale.
I cannot recollect the parties; there have been a great many weddings since then.
Q. Was you married to the prisoner at the bar? - Yes, in the year 1790, at St. George's, Bloomsbury.
Mr. Knowlys. I ask you, on your oath you have taken, whether you was not married by licence, and the licence was procured by yourself, was it not? - It was.
Q. There you swear that there was no legal impediment to the marriage? - Not that I knew of.
Q. Did not you, when you took out the licence, swear that there was no legal impediment to the marriage? - I did.
Q. On your oath, did not you know that she was a married woman? - I did not.
Q. You knew her first husband, Martin? - I knew Martin.
Q. Have not you heard her call him her husband? - Yes, that was after I was married to her.
Q.Then you never knew before you married her, that she was a married woman? - No.
Q. Don't you know Mr. Norris? - Yes.
Q. Did not you say to him, that you knew she had been convicted of a felony, and that was a bar to the first marriage, and therefore you married her? - No, I never said any such a thing.
Q. When did you see Martin? - I never saw him till this business was in hand.
Q. Did you never know nor hear that she was a married woman? - Not till after I was married.
Q. Do you know a person of the name of Charles Cooper? - No.
- CLARKE sworn.
I apprehended the prisoner at the bar in the Old Bailey.
Prisoner to Lark. When you asked me for marriage, I had lived with you eight months before, and did we not live together then in lodgings at Hoxton? - I think, to the best of my recollection, it was about three months after we had lived together at Hoxton.
Prisoner. We had a coach to go to the Commons to take out the licence, and he gave me a ten pound note, and he had said before to me, that when he had some money come to him, without you will be my wife I will never live with you. Another day he bought me a pair of silver sugar tongs, a silver punch ladel, seven china bowls, two large ones, which we had one for our marriage bowl. When he urged me to marriage, I told him I was married; then he said that was nothing, for if I was cast for death, I was dead in law and to all; and when I asked him what name I must be married in? he said, I must be married in my maiden name. I never lived with my first husband but eight months; there he is, he knows what I say is truth.
WILLIAM NORRIS sworn.
I keep the Blue Boar, in Holborn; I have known Lark these nine or ten years, I have frequently been in company with Martin and Lark, and I have heard conversation about the prisoner having been married to Martin.
I know Lark; I have known him personally these ten years.
Q. Did he ever give you any reason why he would marry that woman? - At the latter end of March, or beginning of April, in the year 1790, I was going up Drury-lane, and I went into a house and had a glass of brandy, while I was in Lark and two or three more came in, and one said to him, I hear you are going to be married to Kit Connolly; he said he was; they said they wondered how he would do that, when he knew she was a married woman; he said, damn me if I care about that, for that is all done away, and I shall marry her.
GUILTY . (Aged 30.)
Imprisoned two months in Newgate .
Tried by the second London Jury before Mr. COMMON SERJEANT
225. HANNAH BENSON was indicted for stealing, on the 19th of February , a linen table cloth, value 3s. and two linen sheets, value 6s. the goods of William Silvester ; and MARY JEROME was indicted for receiving two linen sheets, value 6s. part of the aforesaid goods.
I live in Half Moon-alley, Bishopsgate-street ; I keep a public house . On Thursday last I missed a table cloth, and I challenged Hannah Benson with it (she is my servant.) On Thursday, when my wife went up to look at the beds, she missed one sheet off Hannah Benson 's bed; and one off one of the lodger's bed the prisoner confessed that she had pawned them, and had given the tickets to Mary Jerome .
Q. Was that confession taken in writing? - It was, I believe, at Guild hall.
Officer. No, it was not.
Q. To Silvester. Was any thing said to her to induce her to confess? - Yes, I said, Hannah, if you do not tell me what you have done, I have an officer in the house, and I will have you to prison.
I can prove nothing, only taking the prisoner into custody.
I am a servant to Mr. John Davis , a pawnbroker, in Bishopsgate-street. On the 19th of January a boy, about seven years of age, came with this sheet and asked four shillings on it; he said it was his mother's, and she lived in Half Moon-alley, Bishopsgate-street; I told him if his mother came with it, I would take it in; accordingly his mother came with it.
I produce a table cloth that I received of a woman, but neither of the prisoners.
I have got a petticoat, but I did not take it in, the person that took it in is ill.
Both Not GUILTY .
Tried by the second London Jury before Mr. COMMON SERJEANT.
WILLIAM SULLIVAN was indicted for stealing, on the 21st of February , one live sow, value 2l. the goods of William Goodall .
I live at the Ram Inn, West Smithfield . On Friday evening last, about seven o'clock, I was in the house, and I heard the noise of people, I goes to the door, and I saw a man driving the pig along; I said, my friend, what are you going to do with that pig? he told me he found it in Pie Corner, and was taking it to the Green-yard; I told him that was not the way to the Green-yard, and I shall not let you drive it any further. It was my pig, it had this string about its neck; I can swear that it is my pig, there is a mark on it that I know it to be mine, a slit in the ear, I bred her, she is in pig now again, and is in the yard now.
Q. Where did you use to keep her? - In the yard.
Q. You know that pigs are not to be kept in London? - Upon my word mine is a very large yard.
Q. Has she the liberty of the whole yard? - She has.
Q. Then she may take a walk into Smithfield if she pleases? - She may.
Q. This was seven o'clock in the evening? - It was.
Q. Was she locked up? - No.
Q.Not was your yard locked? - No. He was driving it down Chick lane, and not to the Green-yard.
About seven o'clock I went out and heard the pig cry, and I went out thinking it was some of ours; my master keeps some; I ran up to Smithfield, and that man then had the string to the leg of the pig, and Mr. Goodall took it into his hand and took it home; he was going the wrong way to the Green-yard; then Mr. Goodall directly lays hold of him, and sends for an officer and charged him.
LAZARUS JACOBS sworn.
I know no more than taking the charge Friday night seven o'clock, he said he found it running along the street, and he was going to take it to the Green-yard.
NOT GUILTY .
Tried by the second London Jury before Mr. COMMON SERJEANT.
Indicted in a Second COUNT for having about him, on the same day, another counterfeit six-pence.
I am a servant to Mr. Ratten. On Monday evening, about eight o'clock, the man came into our shop, the man Edward Murray did, it was on the 24th of January, and he asked for a penny candle; I asked him which he pleased to have, a long one or a middling one? he said a middling one; I cut him a middling candle, and he throwed down a six-pence, I looked at it, and told him I thought it was not a good one, (we sell candles, cheese, butter, and every thing in chandlery,) I sent out for six-penny worth of halfpence, I sent it out; he put it down, I gave it to Hannah Tabley, and she took it over to Mr. Brisen's, the baker, she came back, and I asked her for the change; she said Mr. Brison was coming in with it, and Mr. Brison followed in immediately, and Mr. Brison came in with the six-pence, and said it was not a good one, and searched him, and found
Q. Did you observe where he took that thilling from? - No, I did not. Mr. Brison asked him if he had got any more to pull out? if not he would search him, for he had authority.
Q. Did Mr. Brison search him? - Yes, he was going to search him, and the prisoner pulled out two six-pences out of his pocket, and was going to drop them, and Mr. Brison took them out of his hand.
Q. In what way did the prisoner take them out? - I did not see, but I saw the six-pence when Mr. Brison took it out of his hand, and I saw him take them out of his hand.
Q. What was done with all that money? - I don't know.
Q. My girl, do you know what will become of you if you swear false? - Yes, go to the naughty man.
Q. Did you serve in the shop of Mr. Ratten's? - No.
Q. Do you remember being there on the 24th of January last? - Yes.
Q. Did you see the prisoner there? - Yes. The servant Mackerell gave me a six-pence to go and get change at Mr. Brison's, I went to Mr. Brison's, and he looked at it, and said it was a very bad one.
Q. Did you deliver it to Mr. Brison? - Yes, and he brought it back with me to the shop.
- BRISON sworn.
The last witness applied to me for sixpenny worth of halfpence, in change for six-pence; I looked at the six-pence and I saw it was a bad one; says I, did the servant give you this six-pence? I took the six-pence back, there I saw the prisoner, I asked him if he had got any more money? he said, yes, he had one shilling, which he produced, one from his right side breeches pocket, that was a good shilling; I said, have you got any more? he said no, he had not got any money about him; says I, if you have any more produce it, and if you do not produce it yourself, I will search you, he then took out a second shilling, which was also good, from the same side; says I, have you got any more money? says he, no; says I, I am determined to search you; I had hold of him to search him, and he pulls out one bad six-pence out of his pocket in this manner, behind him, from the same side; I am certain of it, I then took him by the hand, says I, what have you got here? only sixpence, says he; I then took and searched his pockets, and I found another bad sixpence.
Q. Did you take any thing from him when he said only six-pence? - I catched his hand and opened his hand, and took the six-pence.
Q. Was that taken from the same pocket from whence he took the shillings? - It was from the same side, he had on two pair of breeches.
Q. Where did you take the last sixpence from? - From the same side out of the pocket of an under pair of breeches.
Q. Could you distinguish whether they all came from one pocket? - I could not, having two pair of breeches on.
Q. Have you kept all the three sixpences? - Yes.
Q. You carried him to the Computer, I believe, immediately? - I did.
Q. Did you search him again? - An officer that was there searched in my presence, and fourteen-pence halfpenny farthing was found on him in copper, it
Q. Have you the three six-pences in your possession? - I have.
Q. Can you distinguish which was the one that was brought to you? - Yes, I marked them.
I searched the prisoner, and in his second breeches right hand pocket, I found this fourteen-pence halfpenny farthing in copper, which I have kept in that state ever since.
Q. Did he deny having it there? - I did not ask him.
Q. Where they breeches or trowsers over the breeches, or two pair of breeches? - They were a pair of trowsers, and a pair of breeches underneath.
I am a silversmith; I attend to examine the money for the Mint prosecutions. These three six-pences are every one counterfeits, and nearly alike, as nearly as possible.
Prisoner. The humble defence of Edward Murray, sheweth, That he was committed to prison, for offering a piece of counterfeit money, resembling a six-pence. Not knowing it to be a counterfeit, deign, my Lord and Gentlemen, to permit an unhappy captive to let his defence be read, not having fluency of speech to speak. About the latter end of January, having occasion to buy a candle, I went into a shop for that purpose, and paying, as I thought, a good six-pence, the shop-keeper, not having change, she sent her servant to get it, who returned and brought a constable with her, who insisted on searching me, and found two bad six-pences on me, which I took as good, but they shewed they were bad, by wearing them in my pocket, and of course did you offer to pass them; I had likewise fourteen-pence in halfpence in my pocket, the property of another labourer, who worked with me, but having a hole in his pocket, he desired me to put it in mine; all of which money was taken from me by the constable. I humbly beg leave to implore you that I am innocent of offering the money, knowing it to be bad, as I had not long before taken it before for good for my labour; I have bad, for two days past, people to prove it, and having nothing but my labour to depend upon, humbly beg that this honourable Court will consider my case, and mitigate it according to your wisdom and judgment.
GUILTY, on both Counts . (Aged 35.)
Imprisoned one year in Newgate , and to find security for two years .
Tried by the second London Jury before Mr. RECORDER.
(The case opened by Mr. Cullen.)
I keep an old clothes shop in Field-lane, West Smithfield ; I am a widow. The prisoner at the bar came to my shop, on the 25th of January, and agreed for a second hand shirt, and I agreed to sell him one for three shillings and sixpence, and he asked me if I could give him change for a half guinea? and I told him I could; he gave me a piece of money resembling half a guinea; I put it into the scales, and I found it exceeding light; I says to my little girl that is here, Sarah Lee , go to Mr. Bell and ask him if this is a good half guinea;
Q. Did you not tell him the money was bad? - He knew it, we told him it was bad; he said he did not know that it was bad.
Q. Was the prisoner searched in your presence? - He was.
Q. Who searched him? - An officer, there was found on him some scales, and weights, and likewise some stuff to rub the money, to make it look brilliant and fine.
Q. What became of the half guinea? - It was put into the officer's hands by Mr. Beil, I saw him, his name is Bladen.
Q. Was there any thing else found on him? - A pocket book, it contained a few bills, no other money at all.
Q. How old are you? - I am going of fourteen, I know if I say any thing that is bad I shall go to a naughty place. I am the daughter of the last witness; the prisoner was buying of a shirt for three shillings and six-pence, and he wanted change for half a guinea, and he gave my mother the half guinea, and my mother put it into the scale and found it very light, and she said, Sally, go over to Mr. Bell with this nere; and I did directly, and I and Mr. Bell came back with it directly.
Jury. Did you ask Mr. Bell to change the half guinea? - No, I asked him to look if it was a good one? and he said no. I gave it to Mr. Bell.
Q. When Mr. Bell and you returned to the shop, what was done with the half guinea? - Mr. Bell gave it to Mr. Bladen, I see him do it.
I am a patrole; I went into the shop at this time, Mr. Bell called me in along with him, and this is what I found, I searched him there, and I found a pair of scales and weights, and this here stuff in his pocket, but no money at all.
Q. What is that stuff? - I don't know.
This stuff is a composition of metal, which they generally make use of when they make this kind of money, it is generally a composition of copper and pipe silver; we always find something of this sort of the most reputed utterers of gold, they cannot make a composition without it.
Court. Would that composition go to the making of half guineas or guineas? - I have known it to be the case several times.
Q. To Bladen When you came to the shop what past then? - Mr. Bell told me this man has got a bad half guinea, take him into custody and search him, and I found this composition, and he took it back again and put it in his pocket; I said this, you must not take that, I must take that along with me; he said that he had received this half guinea of his master, for two days work; I told him that it was very odd that he should receive half a guinea for two days work, and being a smith, he had said that his master was a smith, and he was in the farriering line himself, he said his master lived in some street the top of a market; me and my fellow officer went and found the master, and he said he had not worked for him these two years.
Q. Do you know what became of this half guinea? - My fellow servant has got the half guinea, (Willey) I gave it him myself, Mr. Bell gave it me, and here it is.
- BELL sworn.
I keep the Crown. The witness Sarah Lee, came from her mother to let me see a half guinea, whether it was good or
I am a patrole belonging to St. Sepulchre's. The prisoner was brought up to the watch-house about ten o'clock at night, we stopped a few minutes, and then we examined him; he said he had the money of his master for two days work; says I, whereabouts do you live? he said, he did not know; says I, are you a stranger in Town? he said no; but he would not give any more account for the best part of an hour. I have the half guinea, I had it from Bladen.
Mr. Parker. It is a counterfeit, it appears to be quite new.
Prisoner. I was doing some work for a person in the farriering line, and it came to half a guinea, and I received the half guinea for it; I had had three guineas in my pocket, when I came home I got a guinea changed, so that I did not know whether it was the half guinea that I had taken of that gentleman in the morning, or the half guinea that I got in change. This day I called, as I came along up Field-lane, where this gentlewoman lives, and I asked her if she would sell me a shirt? she said she would, I agreed for a shirt, and was to give her three shillings and six-pence for it, and I said I have not any silver at all without you give me change for half a guinea, I laid it down, and she weighed it and said it was light, she was afraid it was a bad one; I said I cannot tell where I took it, except I took it of my master; she said, I will send it over the way to a gentleman. If I had known it had been a bad one I had time enough to go away; as soon as the gentleman came I resigned myself up to be examined in every respect. As to that stuff, if it was touched with a hammer it would break all to pieces, it is what I had used in my business.
NOT GUILTY .
Tried by the second London Jury before Mr. RECORDER.
Indicted in a Third COUNT for having another counterfeit six-pence about them.
Q. Do you remember being at Mr. Willis's, at the Bell, in Fleet-street , on the 25th of January last? - Yes, I do; I remember the little woman coming then, I am a relation of Mr. Willis's, and assist in the business; she asked for a glass of gin at the bar, and I gave it her; she gave me a six-pence to change to pay for it; I thought it was not a good one, Mr. Willis was in the bar at the same time, I turned about to him, and I asked Mr. Willis whether it was a good one? he said it was, and he put it in the till.
Q. Was there any other money in the till? - Two shillings, but no six-pences.
Q. When had you looked at the till before? - Not above three minutes before
Q. What did you do with the six-pence when you took it out? - Mr. Willis took it from my hand and put it in a bit of paper.
Q. When the other came in, was the first woman gone? - She was; I was present when she came in, but I did not take any notice.
Q. On what occasion did she come to your house? - She came to get a glass of liquor, sometime about the 25th of January last, the same day as Mrs. Taylor speaks of.
Q. Did she come before or after the other? - After the other; I was in the bar when the other came, but I did not see her, Bowling came in and asked for a glass of liquor, which when served, she tendered me down a six-pence, which I supposed was a bad one; this might be five minutes after the other, it was not more, I gave her the gin, and she tendered me in payment the six-pence, I thought it had been a good one at first, but on inspecting it more particularly, I found it to be a bad one.
Q. What did you do with that sixpence? - I have got it in my pocket now.
Q. Did any thing pass between you and Mrs. Taylor on that occasion? - There was nothing passed between me and Mrs. Taylor about that six-pence, but about the former one; I was sitting in the corner of the bar at tea, and Mrs. Taylor got up to serve the little one, Cooley, and she gave me a six-pence, which she shewed to me before she gave change; I returned it to Mrs. Taylor again, and I thought it was a good one, Mrs. Taylor put it in the till.
Q. Did you see her put it in the till? - Yes. One of the officers came in and asked whether there had not been a little woman come in to ask for some drink, and what she gave? Mrs. Taylor said, she gave six-pence, and he desired to look at it, and she took it out of the till, and gave it to the officer; I got up, and while we were talking about the sixpence, the other woman came in. I have got the six-pence taken from Cooley, and the six-pence taken from Bowling. While the officer and me were talking about that six-pence, the big woman came in (Bowling.)
Q. After Bowling came in, and tendered the six-pence to you that you have got, what happened then? - While I was talking of it to the officer, the other woman came in, and asked for a glass of gin, and she offered a bad sixpence, which I have kept, and Jostling the officer, he went to a place at our bar, at a distance, and when I pronounced it a bad one, he went and laid hold of Bowling, and took her into the room, and searched her; the other two officers brought the other woman in, and they were searched both together, I was there present; the officers brought in the other while we had got hold of the great one.
Q. Did all the three officers and women go both together in the other room? - Yes, there were some halfpence, and some good half crown pieces found, I cannot particularly say to the number, the litil cone dropped a bag on the ground, I heard it crop.
On the 25th of January, I and the two next witnesses, brother officers, were on duty, going up Fleet-street we
Prisoner Bowling. I was at work all the day long.
I am an officer, I was with the last witness in Fleet-street, I saw Mrs. Cooley go into a feed shop, before that I saw the two prisoners both standing together, talking together, but what we could not hear, then we followed them into Salisbury court, there the tall one goes into a baker's, and buys a loaf, and I saw the little woman walking backwards and forwards, waiting for her; and then they went into a cheesemonger's shop, Cooley comes out then, and goes to the end of Salisbury court, and they both went together down Fleet-street, till they came to the Bell, Mrs. Cooley went into the Bell, and we watched Mrs. Bowling standing at the corner of Brides-lane, about four or five yards within view of the house; when Mrs. Cooley came out, J stling, the officer, went over the way to the Bell, I was watching them the mean while, and then Mrs. Bowling she went into the Bell, and Mrs. Cooley walks backwards and forwards, Mr. Jostling sends out for us to bring Cooley in; I went to Mrs. Cooley and takes hold of her, and leads her into the public house, as soon as we got into the tap-room, she drops the bag from one hand, and from her other I takes out a good half crown, and a bad six-pence.
Q. Had you seen that bag before? - I had seen Mrs. Bowling give Mrs. Cooley something, but what I could not see, it was something like a bag, when Mrs. Cooley came out of the public house; after that I looks over the bag, and I found nineteen had six-pences in one lot, and one bad shilling and two bad sixpences in a bit of blue paper; I found two shillings and four-pence halfpenny in the bag, in another bag, here are three bags all in one bag.
Q. Was there any thing in the third bag? - No.
JAMES DEAN sworn.
I am one of the officers that was at Mr. Mason's on this occasion; I searched Bowling, I found a shilling and sixpence, good silver, and four-pence in halfpence, all good money
Q. Did you find any thing about her that was bad? - None at all.
These two six-pences produced by Mr. Willis, are counterfeit; this six-pence produced by Jostling is counterfeit; this six-pence taken from Cooley's hand, is the same; these two in a bit of blue paper, they are both the same, the nineteen are all counterfeit, every one, and the shilling.
Q. To Willis. Were the prisoners searched before or after you had taken that six-pence of Bowling? - After; there was some monies found in Cooley's hand after that, and Bowling was not searched till the two officers had come in with Cooley, when they were both searched together; the prisoner Bowling, dropped the six-pence first, before the other was brought in, the bag was dropped from Cooley after that.
Prisoner Bowling. This is all spite of the officers against me; the last lottery I had won eleven pounds of a lottery office, and I employed Mr. Jostling and Mr. Newman to get it, and promised them a guinea a piece if they would get me my money. As for this woman I don't know her, I never had but four-pence and four shillings, and I was going to my children, and at Water-lane I went in to get a two-penny loaf, and I went into this gentleman's house, and I called for a glass of peppermint, and he refused the six-pence, sir, says I, if you don't like it, I have got another, and Mr. Jostling laid hold of me; as for this woman I know nothing about, I have got people here that will give me a good character, of being as hard a working poor slave as ever lived.
Prisoner Cooley. I was going to Fleet-market, and I met this woman, and she told me that she found that money, that silver, she said if it was good, she would make me a present out of it, and desired me to go into a seed shop, to get half a pint of split pease, and he objected to the sixpence; and she sent me to get half a pound of eight-penny butter, and I missed her when I came out, presently I see her come out of a baker's shop with a loaf, she asked me then to have something to drink, and to go into that shop? I told her no, I would not go without she went with me, but she insisted that I should go, and I gave that lady the six-pence, she shewed it to a gentleman, and he said it was a very good one, and I came out, and she gave me the bag, and the two runners came and took me, and when I went in she denied me at first, but afterwards she owned me.
Prisoner Bowling. I never knew any thing of her, and Jostling gave her a shilling at the Poultry Compter, to say what she did.
The two prisoners called three witnesses each, who gave them good characters.
Court to Willis. Did you take the sixpence that Bowling offered? - Yes, I took it, and gave her change.
Imprisoned one year in Newgate and to find security for two years more .
Tried by the second London Jury before Mr. RECORDER.
JEREMIAH READING , AS DELIVERED BY Mr. JUSTICE BULLER.
JEREMIAH READING , you was indicted and tried at the last September Sessions for forgery. The indictment stated that you having, in your custody, and possession, a certain Bill of Exchange, with the name of John White subscribed thereto, purporting to be signed by John White , and to be directed to one John King , by the name of John Ring, Esq. for the payment of the sum of eighty pounds, payable to you the said Jeremiah Reading or order, forty days after the date thereof; and that you on the 29th of February did forge and counterfeit, and did willingly act and assist in the forging and counterfeiting on the back of the said Bill of Exchange, an acceptance, in writing, to the tenor following, John King, A. with intention to defraud William Dalby and Richard Brown . It was proved that you negociated the Bill of Exchange, in the words and form as stated in the indictment. That at the time you negociated it you told Mr. Dalby, the prosecutor, to whom you tendered it on account of himself and his partner, that Mr. King lived in Bartlett-street, Portman-square, and that he was a man of opulence; it was also proved in evidence, that there was no such person of the name of King, living in Bartlet-street, Portman-square. You, indeed, attempted to prove, by witnesses, that a man of that name lived there, and that he accepted the Bill, the jury did not believe your witness, on this evidence they found you guilty. There was no doubt, either on the minds of the court or jury, on the evidence that was adduced against you, but that the fact of forgery was fully established; and it also seems to have been accompanied with some aggravating circumstances on your part, inasmuch as you called witnesses to prove a palpable perjury; for it is stated, by the report, that those witnesses that were called by you were disbelieved in the evidence that they gave. After that the fact was established againstJohn Ring . The court entertained a doubt, whether this mode of proving it could be good in point of law; now it is clear that where an instrument is set forth of that description, as purporting a particular fact, it necessarily means, that what is so stated, being of the purport, should appear on the face of the Bill itself; and whoever drew this indictment seems to have been drawn into a great blunder, by not considering what was the original state of the Bill, and what was the appearance of it, after the acceptance was put on it; and it does not seem that the person knew under what terms, or by whom the Bill might or might not be accepted. On the face of the Bill, which is the only thing to be considerd, when we examine this averment, nothing more appears than that the Bill is a Bill of Exchange, drawn by John White , on John Ring ; therefore, when the indictment says, drawn on John King, purporting to be John Ring , it is absurd and repugnant to itself, for the name or description of any one thing cannot be purporting for another. Though the Bill was drawn on John Ring, it might have been accepted by John King , for a Bill might be accepted by other persons than to whom it is directed, when it is accepted for the honour of the drawer, or any of the endorsers. But this blunder, which makes the indictment absurd and repugnant in itself, is sufficient reason, as considered by all the Judges in England, to arrest the judgment against you; but though the judgment, on this indictment, shall be arrested, yet you are not to be immediately discharged out of custody; for this is a case in which the opinion has been founded, not on any proof of innocence on your behalf, but merely on a blunder in the form of the indictment. The prosecutor is at liberty to indict you again on this offence, and for that purpose you are to remain in custody to the end of the sessions.