TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority.
NUMBER V. PART I.
BEFORE the Right Honourable PAUL LE MESURIER , Esq. LORD MAYOR of the City of London: The Honourable Sir RICHARD PERRYN, Knt. one of the Barons of His Majesty's Court of Exchequer: Sir FRANCIS BULLER , Knt. one of the Justices of His Majesty's Court of King's Bench: Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City: John Silvester, Esq. Common serjeant at Law of the said City; and others His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.
First Middlesex Jury.
Second Middlesex Jury.
MARY PICKERSGILL was indicted for stealing, on the 20th of January , a cotton gown, value 1l. two muslin aprons, value 2s. a cotton handkerchief, value 6d. a linen handkerchief, value 6d. a muslin handkerchief, value 1s. and a cotton half shawl, value 1s. the goods of Ann Brown .
I am a single woman , I live at No. 1, Duke-street, Westminster. I am a lodger there, and go out to needle work; these articles were taken from where the woman lodged, where I was before, I went to where I lodge now; it was at No. 38, Little Russell-street ; she came to wash where I lived servant, and when I left my place I went and lodged with her, in the same room; I lived servant at No.38, the man that keeps the house is a carpenter. I lodged with her a little better than a fortnight.
Q. In what month was this? How long ago? - I cannot particularly tell the day of the month, the duplicate will tell, I fancy it is about three months ago.
Q. Did you miss these things while you lodged with her, or after? - The gown I missed while I was with her; after I went away I missed the other things.
Q. Where did you miss the gown from? - From the room, it was not locked up, none of the things were locked up.
Q. How did it happen that you left your things there when you went away? - I left most of the things wet, and some rough dried, ready to iron.
Q. These things that you left wet, had she washed them for you? - No, I had washed them myself, and I was obliged to go, and left the things in the room.
Q. How soon did you come for them afterwards? - I left them on Saturday, on Saturday morning she came to me, and said she was going out to dinner, and it would be very late before she should be at home; she came again on Monday morning, and brought one gown, apron, and handkerchief of mine, and she left them with the woman where I was; I was not at home; she said that she was going out to Kingston on Thames, and she would not be home again till Tuesday night, and that if I wanted any thing, I must come again on Wednesday; I went on Wednesday evening, and she was not at home; after I had been there she came in and took a candle, and went out, and came no more all night; on Thursday morning she took a bundle of clothes and wanted to leave them in the public house, and they would not let her leave them, and she went back to her room, and took a bonnet box of mine, and never was seen at the room any more.
Q. Have you ever recovered any of your things since? - Yes, I found some at two pawnbrokers, I found them on Thursday; I went directly after she was
Q. How did you trace the other things? - By the duplicate; I asked the pawnbroker if they had got any thing more in that name, she had not pawned the gown in her own name.
Q. How did you get to the pawnbroker? - I was persuaded to go to different pawnbrokers, and I should find the things that she had stole.
Jury. Did you eat and drink with that woman when you lived with her? - I used to breakfast with her, and it cost me while I was there, which was a little better than a fortnight, about a guinea.
Q. Did you owe her any thing for lodging, that made her pawn these things? - No. I did not pay her any particular ron, I laid out for victuals and drink, and she cat with me; I asked her what I should pay her? she said I should not pay her any thing, she thought she was under an obligation to me.
I am a pawnbroker's servant; I produce two muslin aprons, a cotton handkerchief, and a half shawl, and some duplicates, that were found on her when I stopped her; one muslin apron was found the 22d of January; the other on the 3d of February; the cotton handkerchief was pawned the 31st of January, and the muslin handkerchief the 3d of February. They were all pawned by the prisoner at the bar.
Q. Did you give her any duplicate? - Yes, four duplicates on those four articles. I was present when she was searched, and see the constable take these duplicates from her.
Q. Did the duplicates correspond with these articles? - Yes, four of them.
Prisoner. I pawned the articles that Mr. Lane has, by the desire of the prosecutrix.
I am a pawnbroker's servant; I produce a cotton gown pawned on the 20th of January; a cotton shawl and cotton handkerchief, pawned the same day.
Q. Do you know the person of the prisoner? - No, I do not.
Q. Did you give her any duplicate? - Yes.
Q. Did you see them found? - No.
Q. To Lane. Did you see the duplicates that belong to this man taken from her? - Yes.
Lamb. These are the same that I gave.
Q. Do they correspond with the things that were pawned? - Yes.
Prosecutrix. The two muslin aprons I have had them a great while, I made them myself; one of the cotton handkerchiefs is marked B. the other is nor marked; I know the pattern of the half shawl, and the gown I am sure of.
Prisoner. On Monday Mrs. Vaughan, whom this young woman lived with gave me an invitation to come and sup with her, and I went and supped with, her, and she told me that Mr. Vanghan had been too indecent with this girl, and that she should not stay there any longer, she said, she could not let her stop; the girl came down and told me of it, and asked me if I could let her have a lodging? I told her I could not think of taking a person into my apartment, I had but one bed, but she said she knew not where to go; and so I gave her the key of my room, and told her where to go home to my
Q. To Ann Broton. Do you owe this woman any money? - No, not a farthing.
Prisoner. She owes it me for board and lodging.
Q. To Prosecutrix. Did you give her these things to pawn? - I did not, upon my oath.
Q. Is there any resentment between you? Have you had any quarrel with her? - No, none at all.
Prisoner. I have no friends here, they are all in Devonshire, and I did not think it worth while to trouble them on this affair.
Jury to Prosecutrix. Has this woman a husband? - She has.
Prisoner. My husband was laying in bed when she gave me the gown to pawn.
Prosecutrix. I never gave them to her.
Q. How did you come by the duplicate? - She gave it to me among some papers, and the next day I shewed it her, and asked her how she could come to pawn my gown.
Jury. What were the papers? - Some papers that she took out of a drawer.
Prisoner. I carried this woman's box to where she now lodges, and every rag that was left of her's; further than that, she was wicked enough to ask me to get her a box of pills to take; says sh:, I believe I am with child this time with a girl, for it appears as if it would stick by me, says she, I have found the pills do me good when I have been with child before; and also she has brought an action against the reverend Mr. Green, to extort money from him, with whom she once lived.
Prosecutrix. I never brought an action against him in my life, on my oath.
Q. How many gowns did you lose at first? - I lost three at first.
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
344. PAUL WEAVER was indicted for stealing on the first of March , a silver watch, value 1l. a silk ribbon, value 1d. a metal watch key, value 1d. the goods of Hyam Solomon , privately from his person .
HYAM SOLOMON sworn.
I was abroad last year with the army; I was a dealer in goods there, in Flanders; I came to England last August, and I was taken sick, and my master, that I lived with in Norton-street, Mary-le-bone, he took me into his house. The first of last March I was out walking towards Pallmall, when I came near Hanover square, in Church-street , there was a great crowd, the Welch procession was going by, it was between twelve and one, and I was obliged to stand still, and whilst I was standing, I looked about, and I saw the ribbon of my watch in Paul Weaver 's hand.
Q. You felt somebody take the watch from your pocket? - Yes, I took hold of his arm and told him, you have got my watch, give it me back again; he was going to run away, but he could not, and so he was apprehended. The constable he has got the watch.
Mr. Alby. What is your name? - Hyam Solomon.
Q. What was your name at the time that you lived with Mr. Northern? - Hyam Solomon. I have always gone by that name, never went by any other.
Q. What name did you pass by when you was abroad? - The same, except as one of the tribe of Levi, and no other name at all.
Q. Had the prisoner the watch on him when he was apprehended? - No, it was found in the street, near the prisoner.
Q. You say you felt it go out of your pocket? - No, I did not feel it go out of my pocket.
HENRY CROKER sworn.
I have got the watch, I had it of Solomon. I was on the opposite side of the way, by the church, as the procession were going in, and I saw the bustle, and went over and secured the prisoner, and took him to Bow-Street.
Prosecutor. This is my watch, I have had it enough in my pocket; I know it by the name of the place where it was made, and the inside it shakes where it does not fit tight.
I am a patrol belonging to Bow-street, I heard the alarm of a pick pocket, and saw the prisoner pushing out of the crowd, and I helped to take him, and the prosecutor said, that was the man that robbed him.
The prisoner called four persons who gave him a good character.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
345. THOMAS SKINNER PRITCHARD was indicted for stealing, on the 25th of July , a circle stove, value 2l. an iron sender, value 5s. an iron fire shovel, value 3s. a pair of iron tongs, value 3s. a iron poker, value 2s. a vauze lamp, with burner, hook and chain, value 35s. an iron kitchen sender, value 19s. an japan tea tray, value 1l. 9s. a japan waiter, value 9s. the goods of James Oldham .
About the middle of July 1791, the prisoner came to Mr. Oldham's warehouse in a carriage, in the character of a gentleman. Mr. Oldham's warehouse is at the corner of Brook-street, in Holborn; he said that he had taken a house in Upper Norman-street, No.46, Mary-le-bone, and desired that we would send somebody to measure the place for the stoves, and send such as we thought proper for his inspection, stoves, and other things that he ordered. I am in Mr. Oldham's shop. I sent up a person to measure, and afterwards I sent up such goods as I thought most proper for his inspection.
Q. Did you send a bill of parcels? - Never, they were not considered as sold, they were only sent for his inspection; I waited on him myself the next morning, and found he was not in town, and enquired of him in the neighbourhood, and found he was an indifferent character, and I sent some porters up to take away what goods were then left, and they were re
Q. Did you enter the goods in the waste books? - No, I did not.
Q. Is the porter here that delivered them? - No, he is not, that porter has left our service, and we know not where to find him.
Not GUILTY .
346. WILLIAM LEATHERBY was indicted for stealing, on the 22d of March , a silver watch, value 2l. a steel watch chain, value 6d. a steel bed hook, value 6d. a looking glass with a wooden frame, value 3s. the goods of Benjamin Hallatt .
I live at West Drayton, in Middlesex . On the 22d of March, I think Saturday night, I lost a silver watch, a looking glass, in a wooden frame, it was while I was asleep, in the dead of the night, between twelve and one o'clock. My lord, I inadvertently said I was asleep. I entertain lodgers; I am a gang master to the canal. It was of a Saturday night, and we pay the men once a fortnight; this Saturday night somebody came and knocked at the door, and my wife went to the window to know who it was, and they said it was the lodgers; she put on her petticoats, and went down and opened the door, and in rushed two men that had worked for me, besides the lodger, one was William Barber , and the other was William Leatherby.
Q. How do you know William Barber was one? - Because he first entered the room, and Leatherby followed him, and there was a large window by my right hand, and he came and drawed the curtain on me, and pretended that he came for money that was due to him; he had worked for me about a month before that, and he insisted on the money.
Q. Who was the other? - William Leatherby; I see him; they both came up to the bed side by my right hand and told their names, and said they were come for their money.
Q. Did you owe them any thing? - Yes. Barber was a great masculine man; and he took me by the collar of my shirt; I told him not to use me ill, to come on Sunday morning, and it should be settled; Barber held me by the shirt and right arm; and Leatherby went to the foot of the bed, and drawed the bed from under me, and left me at last on the sacking, and I held the top of the clothes on with my left hand. Then my wife dressed herself, she says, I have lost my pockets; but I don't accuse them of that, because she got them again.
Q. Had either of the men got her pockets at any time? - No, Leatherby had not got her pockets, nor do I charge them with it. Barber pulled me about terribly, and dislocated my right arm, and I never shall have the right use of it any more; and Leatherby was searching about for the breeches and pockets, whilst Barber was laying on me; after this my wife says, Barber, says she, go down and get a light, and my husband shall settle with you, and told them they should be paid what their demand was; and he said, no, I shall not go down stairs, d-mn you, you old b-ch; and they said they would throw us down stairs to the mercy of the people that were under, and there was a vast number of seditious people got about at that time. Then they went on and took me by the shirt and by the right
Q. Who came into your house when your wife went down to open the door? - A gang master, he lodged there.
Q. Was any body with him? - No, not then.
Q. What became of the gang master? - I don't know where he is now; he went up into his own apartment at that time.
Q. He never offered to help you at all? - He was the man that brought that light, as he told us afterwards.
Q. In point of fact he did not come into your room to help you at all? - He did not
Q. Had Leatherby or Barber ever lodged there before? - They never had.
Q. Have you ever got any part of your things again? - No part of it.
Q. Where was the looking glass? - In the stair case window.
Q. Are you sure that you had your watch when you went to bed? - Yes; I and my wife can both assert that, because she saw me wind it up.
Q. Was your looking glass on the stair case window the over night, when you went to bed? - I cannot swear that.
I and my husband we were both in bed to ether, and there was some person rapped at the door, and I went to the window to know who it was, and they said it was the lodger, and I put on my petticoat, and went down, and opened the door, and the lodger came in, and two men, Barber and Leatherby, came in and rushed by me, and went into the room, and he began using my husband ill, and I told them to go and get a light; and Barber said, d-mn you, you old b-ch, I will throw you down stairs, and we will tear you in pieces; and they behaved in a very barbarous manner to my husband, and used him very ill indeed; and we cried murder! and some person brought a light, but I don't know who slided it on the stairs, and when the light came, I saw this man, Leatherby, he drawed the bed, and then I was afraid of my pockets, but afterwards I promiscuously found my pockets and had them; at last they drawed my husband out of bed, and then these foremen came into the room and asked them what they were about, and then they were told that they should have the money in the morning, and they said that they would not stop till the morning.
Q. Who said they should have it in the morning? - My husband said so, and I told them so. We expected nothing but murder every minute; when the foreman came in just at the door, then this Barber rushed out, and I went round to the bed side, and I missed the watch, and I said, my dear, you have lost your watch.
Q. Had you said that before or after Barber rushed out? - Before.
Q. You never saw Barber afterwards? - No.
Q. What became of the glass? - That was gone; I saw the glass the night before I went to bed, at the window.
Prisoner. I worked for this man on the Canal eight days and a quarter; we were paid once a fortnight on a Saturday night, at a public house, at Uxbridge; when we came to take our money, I called for some beer and victuals, and we sat there for about two hours, and he went out after his money, never paid us, and left us to pay our reckoning, and so we did not know what to do, and we went and called this Mr. Douglas, the foreman, to get some money to rescue us out of pawn, and we thought it was hard to go home without our money, and we went to Mr. Hallatt's house along with the lodger, and Mrs. Hallatt came down and opened the door, and we went up stairs, and went and asked him for the money, and he would not pay us; we said it was a sad case that we must not have our money to pay our way; he said we should not have it; Mrs. Hallatt says, you shall have it in the morning; he says, no, I will not pay it you; Mr. Douglas came into the room, and we were charged with the watch and glass, but I never knew any thing about the watch.
Court to Hallatt. How much was there due from you to Leatherby and Barber? - I suppose about a guinea. The foreman rents a shop of me, and he told them as he rented a shop of me it should be settled the next morning. Six of the men that worked with me went home quiet, but these two would not; I was to receive the money of the foreman, and I was to pay them; there was a shop bill to be settled; it was at Uxbridge we were paid.
Q. When you told them that the bill should be paid the next morning, did Leatherby or Barber make any objection? - Leatherby came up to my bed side and wrung his sift at me.
Q. Did not you see this man yourself in the course of the evening before? - Yes, when I was with the foreman I took all the eight men to Uxbridge to pay them there, at the sign of the Bell, and when I got there there was no person came there for an hour, or an hour and a half after; there was a dispute between the foreman and me about the work, and I went away without saying any thing to the men why I did not pay them, I was afraid; the foreman told them.
The prisoner called five witnesses who gave him a good character.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
348. ANN SMITH was indicted for stealing on the 20th of April , a gold watch, value 5s. a metal watch key, value 2d. a watch chain, made of steel and glass, value 3s. a gold locket, value 5s. a stone seal, set in gold, value 2s. the goods of Elizabeth Jones , Spinster , privily from her person .
Q. How soon did you discover the loss? - I put my hand behind me to take up part of my dress, and in bringing my hand round again, my arm entangled her's. I turned my head round and see
Prisoner. I was coming out of Kensington Garden Gate, and a hole in the lining of my cloak caught the watch. I never was in Kensington Gardens before.
Court to Prosecutor. Had you seen her in the Gardens at all? - I had not.
Q. Was there a great crowd? - There was a crowd.
Q. When you saw it first was it fastened to her cloak, or was it in her hand? - I conceive it impossible it could catch any how at all; there could be no force or I must have felt it; there was a pin very near it, and it was a very clear muslin, and it must have torn it if there had been any force.
Q. Describe a little how she conducted herself when you saw the watch in her hand? - I turned my head about and saw the watch in her hand; and she said, I beg your pardon; that she said before I said any thing to her.
Q. I want to know whether she was endeavouring to put her hands away? - She had the watch in her hand, the watch hanging up as near as I can tell.
- CRANNAGE sworn.
In attempting to get through Kensington Garden Gate, on Sunday, the 20th of April, there was a very great crowd, and this lady had hold of my arm, and she told me that the women had taken her watch. I asked her which woman? She pointed to the prisoner at the bar; I said are you sure that is the woman? she said, I am, in consequence of that I took hold of her, and put the prisoner in the Park Keeper's possession. I did not see anything of the transaction of the watch being taken.
Q. Where was the watch when you took the prisoner? - In possession of the prosecutrix; she had got the watch again then.
I am the constable of Hyde Park, I attend the door every Sunday; a person cried out that a person had robbed a lady of a watch, and this here gentleman here delivered the woman to me, and I brought her to Mount-street, to the watch-house, and from there to Bond-street, the next day, this was Sunday afternoon, about three or four o'clock.
The prisoner called two witnesses who gave her a good character.
Prisoner. I keep a green-grocer's shop, I never was in Kensington-gardens before that day in my life; I have always lived with honesty and industry for this six and thirty years; the watch catched hold of my cloak.
Court to Crannage. Did the prisoner when you took hold of her, say that it had catched hold of her cloak? - When I laid hold of her she said, do I look like a pickpocket? says I, is there any body here that knows you? she said no.
Court to Prosecutrix. Did the prisoner at that time say that the watch had catched hold of her cloak? - No.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
EDMUND FEARNLY sworn.
On the 2th of December I had some bullocks put into my charge, and I lost one of them, I recovered it again, and sold it, and it was one that I had marked myself.
HANKEY DICKENSON sworn.
I am a drover to Mr. Fearnley. On Monday the 27th of December I was employed to drive ten bullocks to the market; exactly at six o'clock, I saw the prisoner that morning, at the turnpike gate, in St. John's-street; I had seen him before, I knew him; as soon as he came up, he momentarily looked at me, and then immediately drove this bullock away from me, and hallooed out this ball-faced one; he called out to some of his companions that were near, I don't know who they were; he then drove it through Corporation-row, into Rosamond's-row, and when I was going into Corporation-row, I met it again, with the patrole following it, it then joined my drove again, he then drove it away a second time, I then called out stop thief, the patrole came up to my assistance, and he presented his pistol to him, and it missed fire, or else he would have shot him; the bullock then went clear away through the posts, by the side of the turnpike gate, the prisoner followed him, but we lost sight of him, and then I returned to the others, and took them to market; when I came to St. John's street, there were some people that came up and struck me with sticks, and I was obliged to take shelter in the turnpike house till they were gone, and then I went to my master to the market.
Q. When you had gone to the market, and you and your master had disposed of the other nine, what did you do? - We were told that it was in the roads up at Islington, then I sent my servant, that works for me, for it, and he went and brought it to market, and master sold it.
Q. How long was it afterwards before you recovered it? - About ten o'clock, about four hours.
Mr. Knowlys. You knew this man very well before? - Yes.
Q. You went the next morning to the office in Hatton garden? - The next day we did.
Q. He was there charged with bullock hunting? - We took a warrant out for stealing the bullock from me; I never was at Hatton-garden with him.
Q. Now I ask you whether you was not asked by the magistrates at Hattongarden, whether you believed that they took it for their own use, or for the diversion of hunting? and you said, that you firmly believed that they took it for the diversion of hunting? - I am correct, I never said such a word.
Q. They did hunt this bullock, did not they? - They took this bullock; he drove this bullock away from me.
Q. You know what the practice of bullock hunting is, that they are fined a sum of money for it? was not this bullock hunted? - He drove it away against my will; it was drove away.
Q. You know the distinction, you know what bullock driving is? - Driving them about, I suppose.
Q. Upon your oath had not this bullock been hunted? - Not before he was taken away from me; he was drove about, it you call that hunting.
Q. How was he drove about? - I was not there to see, I lost him.
Q. Was not he hunted as they would hunt a bull to make sort of, woman he very much heated? - I cannot say, I
Q. You had conversation with this man, had not you? - No.
Q. He knew you very well? - He did.
Court. Where does this prisoner live? - He is a shoemaker by trade.
I am the patrole. On the 27th of last December, I was coming down on my duty about six o'clock, coming home I met a number of young men driving this bullock down towards the end of Corporation-row, into Rosamond's row; they seeing me with fire arms and accoutrements, they dispersed and left the bullock, on which I turned the bullock back, and met this last witness, and he asked me where I found the bullock? and I told him, he said the bullock belonged to him, and he begged my assistance; we pursued some of the men, and the bullock ran down towards the other drove, that stood at the end of Corporation-row, whether the bullock joined the drove there I cannot tell; he said he knew one of the men, and he hallooed out stop thief! on which I intended to discharge my piece at him, and it missed fire, and he ran rather too quick for us, and we lost him.
Q. When you discharged the piece was he driving the bullock? - No, he ran away.
Mr. Knowlys. You have seen bullock hunting before? - No; yes, I have seen man paring the bullocks, I don't know what denomination this comes under.
Q. Was you at Hatton-garden when the drover made his complaint? - Yes.
Q. Do you remember any question being put to him by the magistrate, as to what he judged to be the intention of the people that took the bullock out? - He said he wanted a warrant for one Richard Goodwin ; the gentlemen asked how he would have that warrant granted? he said for stealing the bullock away, to apply it to his own private use.
Q. Did the magistrate put any question to him about the intention with which he conceived it was taken? - They said that he was going to take an oath which a thousand people would not take, and they said that they rather thought that he wanted to do it for the sake of the reward, and then he was confused at the time, and there was his master, or somebody spoke, and then there was a warrant granted for apprehending him, on suspicion of taking the bullock away for the intention of hunting.
Mr. Const. You are correct in what you say? - Yes.
Q. Do you know the prisoner? - Yes, I knew his father.
I live in Bath-street, Cold Bath fields; I am a butcher, I have known the prisoner five or six years, I never heard any thing amiss of him in my life; he is a child's pump maker.
Mr. Const. You are a butcher, did you ever happen to buy any bullock of him? - No, I never dealt for any but what I paid honestly for.
The prisoner called four witnesses to his character.
GUILTY . Death . (Aged 21.)
MORDECAI LEVI and JACOB MARKS were indicted for that they, on the 13th of May , a piece of false, seigned, and counterfeit money, called a halfpenny, unlawfully and feloniously did make, coin, and counterfeit .
The indictment opened by Mr. Raine, and the case by Mr. Cullen.
On May 13, about ten o'clock at night, I, in company with five more officers, went into an alley that leads one end of it into Petticoat-lane; I really forget the name of the alley, it is in the parish of St. Mary, Whitechapel , at the further house in the alley, near some ruins; this was the place where we took the prisoners and the tools; we were about the house some time before we made any attempt; at last three of us went to the front of the house, and in the entry I made a sort of a lumbring there, and the others went to the back of the house; soon after we were in the entry and made a lumbring there, I heard a person say at the back of the house, they are coming out of the cellar, I have got hold of one; we were cautious not to break the door open till then, then we broke the door open and went down into the cellar; nobody was there at work, but the candles were light, and the halfpence were laying all about one side of the press, and the blanks on the other side of the press; the press was quite warm with the heat of the candles that were so near it. We then goes to work to get the dies out of the press. I and Blackiter, and I saw Blackiter take a halfpenny with a saint stamp out of the dies, and I saw him take the dies out of the press, and the instant that was done, the prisoners were brought into the cellar, three of them, one made his escape afterwards that night; the other two were the two prisoners at the bar; we were in a sort of confusion then, we could not cleverly go to work to take the tools down; I said we had better take the prisoners to the office, and come back to take the tools down; I and Ray and Armstrong took the prisoners to the office, and I searched Levi and the other; in the pocket of Levi, his breeches pocket, I found it quite full with the halfpence that, I believe, correspond with the halfpence that were found near the press. Besides that, I forgot to tell you, in the cellar there was a watch hung up as if to work by.
Q. Do you understand the process of coining? - I do not.
Q. Do you know how many can work the press? - I am sure three can, and there were three found.
Mr. Knapp. You say the other prisoner escaped? - Yes, after being brought to the office; I and Armstrong took them two prisoners to our watch-house, and Blackiter took the other to Moorfields watch-house, and Blackiter let one slip out of the watch-house, by what means God knows.
Q. The man that escaped claimed the watch? - He did.
Q. When you went down into the cellar were the prisoners in the cellar? - They were.
Q. Nobody was in the cellar? - No, but there had been, I heard somebody.
Q. You see a halfpenny, was the head on the halfpenny compleat? - There was a sort of a saint head.
Court. Did the halfpenny appear to be finished? - I believe it might.
Mr. Knapp. Do you mean now that this was a finished halfpenny? On your oath will you swear that it was a finished halfpenny? - I will not.
Court. Was this halfpenny so set off from the blank that it might pass in the world? - Yes.
Q. Finished with a woman and a head? - I don't know what you mean by a finished halfpenny, I am telling the truth, it is finished as well a great many that are among the parcel.
Court. Where there any finished among the parcel? - Yes, there were a great many as well as ever they were designed to be.
Mr. Raine. Do you know whether it is customary when they quit the press, to put in a piece of copper to keep the two dies from coming together? - I don't know, I cannot give you an answer to that.
I went with Harper and Armstrong to this house; I assisted Mr. Harper to break the door open, and as we went down into the cellar, there we found all the implements for coining; the first thing I found was a pair of dies in the press, in looking about I saw another pair of dies to put into the press, and I took out a halfpenny from between the dies, these are the dies; I have got that halfpenny.
Q. Do you know so much of the prosess of coining, as to know, that when they leave off work, they put a blank between the dies? - That I don't know.
Court. Were any halfpence laying by the press? - Yes.
Harper. Here is a basket full of them.
Blackiter. These halfpence were under the chair, it appeared from where they were, as if they had been sitting putting them in, they correspond with the dies; at the right hand of the press there were blanks, none at all at the front of the press.
Mr. Knapp. There was another man taken up, how came he to escape? - Yes, he went out of the watch-house.
Q. Had not you him in custody? - I was sitting by the fire, and I told him he might sit down by the fire and warm himself, and he jumped out over the half door, and I ran out after him, and knocked my head backward.
Q. On your oath did not you receive a bank note on this occasion from that prisoner? - Not a farthing.
I went to the back part of the house; by the call of Ray, I went to the assistance of Peach, who had got one of the prisoners by the hand on the wall, and I jumped over the wall and took him, and Levy was in the possession of Ray; I then went to a tub where another stood, and then there were three; then I said, now look at their hands; and they appeared to be very dirty and greasy.
Q. Where they offensive at all? - I did not smell them, I have seen people that have been in this work, and they were in that same condition; I then see all these things that the officer found in the cellar; there were two coats in the cellar and three hats; Levy was dressed in a jacket with sleeves to it, no coat nor hat, nor had the other that escaped.
Q. Was you present at the time that the dies were seized? - No, they were seized before.
Q. Do you know whether it is usual to leave a blank piece of coin between the dies to prevent their coming together? - I don't know that.
Court. Do you know where the prisoners came from? - I do not.
Mr. Knapp. Did you search Marks? - I did not.
Harper. I searched Marks, but there
I went with the other officers; I was placed at the back part of the house, and there I was within three yards of the cellar window, and I got one leg over the pales, and I heard a bolt go, instantly the slap pushed out, and three men pushed out immediately out of this cellar, without any hats or coats on; then they went about ten yards, and there was a cross wall that parted the yard; I was there as quick as they were; they jumped up on the wall, and I jumped up with them; Mordecai Levy he was going through, and I seized him by the collar, and another crept under the pales, I took him too; they never were out of my fight till I took them.
I was at the back corner; I catched Marks with his hands on the wall, and we secured them two prisoners, and another that is not here, and the press; Marks was in his shirt sleeves, they were all three without their coats and hats, and their hands were very black.
Q. Look at that found beside the press. - It is counterfeit.
Q. Where is the halfpenny that was taken from between the dies? - I should believe this to be counterfeit.
Mr. Knapp. Out of all this money that has been produced, not any part of it was found on Marks? - None.
The prisoner Marks called three witnesses and Levy two, who gave them good characters.
Mordecai Levy, GUILTY . (Aged 22.)
Jacob Marks, GUILTY. (Aged 32.)
Imprisoned one year in Newgate , and fined 1s.
Tried by the first Middlesex Jury before Mr. Justice BULLER.
351. ELIZABETH MILLER was indicted for stealing, on the 21st of May , twelve pieces of ribbon, containing twenty-nine yards, value 14s. 6d. twelve other pieces containing twenty-eight yards, value 7s. a silk handkerchief, value 3s. a chosp knife, value 1s. 3d. a gold tissue hussiff, value 2s. a callico handkerchief, value 1s. a dollar, value 4s. a pair of cotton trowsers, value 4s. the goods of James Dudman , in his dwelling house .
I am a shop seller ; I live at the Hermitage-bridge, Wapping . The prisoner was a servant in the house at the time I missed the property; the lived with us upwards of eight months, as nigh as I can recollect; The had left the house, and we missed the things after the left the house, we had a suspicion before, but we could not substantiate the fact. My wife discharged her, ordered her to go away, because there was another servant coming, and not on the account of missing property; this was laft month. After she had let the house, the called on the 20th of May, in the evening, to see my little boy, who was at school, the was particularly fond of my child, and my child was particularly fond of her; she had used to buy the child toys and things, and we often won
Q. Was that chest of drawers locked? - Yes.
Q. Was that lock ever broke open? - No, not that ever I perceived.
Q. Where were the other articles kept? - All in my shop.
Q. Your shop is in your dwelling house? - Yes, it is. I had a suspicion of her by the appearance of her dress; I went to the magistrate's, at the police office, to get a warrant, to search her box; her box was gone from my house into a neighbour's, and the box was gone from there; I saw the box in St. Martin's lane, by charing cross; I cannot inform you of the peoples name of the house.
Q. How did you know whose box it was? - The people of the house informed me; they are not here. There are some things that the officer took from her when we took her in Grosvenor-square; I was present all the time, she was taken the, she went to be bired to a Mr. Stewards; she was put into the custody of the officer at Grosvenor-square, his name is West, he took out of her pocket a gold tissue huififf, a pen knife, a dollar, and one white callico handkerchief; the runner has kept them ever since.
JOHN DUDMAN junior, sworn.
On the 21st of last month there was a bundle left at a friend's house of my father's, Mrs. Smith's going down to Scotland, she lives in Half Moon court, near the Hermitage; I unloosed it, and took out a silk handkerchief and a pair of cotton trowsers, which I believed to be my father's property, I took them into our own custody, and brought them to our own house, and have kept them ever since.
I am a police officer of Shadwell; I took the prisoner out of a gentleman's house in Grosvenor-square, she was there on a visit; I found on her this handkerchief, this hussiss, and a new dollar, which the prosecutor thought was his; I have kept them till now.
I live in Half Moon-court; I know the prisoner. Last month before she left Mr. Dudman's service, she asked me to let a bundle lay for her brother; I said yes. When she was found to rob her master I was afraid there was something in it belonging to Mr. Dudman. I never see it opened till young Mr. Dudman came and opened it, I was then present.
Q. Where the articles there that Mr. Dudman mentions? - Yes; an handkerchief and a pair of trowsers.
I am an headborough of St. John's, Wapping. Mr. Dudman came to my house when he missed the dollars, and asked me to go with him to get a warrant, and he went to Shadwell to obtain a warrant, and he found the box in St. Martin's-lane.
Q. Are the people here that informed you how the box came there? - No.
Q. You never saw that box in the possession of the prisoner? - Never.
Prosecutor. I am confident this is my hussiss, but yet I would not wish to swear to it; the dollar I cannot swear to,
Not GUILTY .
Tried by the first Middlesex Jury before
I keep a public house in St. Peter's-alley, Cornhill ; I saw the pint pot taken out of the prisoner's pocket, on the 21st of May, between five and six in the evening, I don't know what day of the week, the prisoner was in my house; I know the pot by the cypher, and likewise by the maker's name.
Q. Had you sold any with your cypher and name on them? - Never.
Q. Did you examine to see whether any were missing? - I cannot ascertain the number I have, it may be fifty dozen altogether. The prisoner called for a pint of beer, and my servant was in the room at the time.
Q. What pocket was it taken out of? - I cannot say.
I am a servant to Mr. Williams; Mr. Rule found the pot in the prisoner's pocket; I see him take it out; he had been in and called for a pint of beer, he paid for it; there were two pints on the table, and I missed one.
Prisoner. There were two carmen sitting in the box, and how the pot got in, except they put it in, I don't know.
I am a constable and street keeper; I happened to be at this public house at the same time this man called for a pint of beer and changed six pence, and there were two empty pots there where he was sitting, and the waiter desired me to stop a bit, for that he should have some business for me; so with that, when he was going out, the waiter said, I believe you have got some property of my master about you; so he said he had no property of the kind, and the waiter desired me to search him; I did, and took this pot out of his pocket; he said first of all he found it in the alley. This is the pot.
GUILTY . (Aged 56.)
Publickly Whipped .
Tried by the London Jury before
Q. How old are you? - I am going of sixteen; I never was sworn before, if I swear false I shall go to Hell to be sure.
Allen and Robert Mason are my uncles, they are both partner in a barge , they have two or three barges; the wooden box was taken out in Queen-street, and the halfpence were in the box, I brought the box to Queenhithe, I received it of Mr. Austin, at Ailsford; in Queen-street a man came up, not the prisoner, and asked me whether I did not belong to Maidstone? I told him yes; he said he thought he knew my name, and he asked me where I was going? I told him to Bishopsgate-street; he said he was going part of the way, so he went up along with me, and he said you must go up that way, so I went up into that street, where this man took my box, I don't know the name of it, so when I came into this street, this man came up, and said, are you not going to Mr. Wilson's? I told him, yes; and says he, I was going after that box, to the Bull whars, and says he, I was to pay the porterage, and he gave me two-pence; sir, says I, I want more for bringing it so far, so he gave me two-pence three farthings; so a man came up to me and said, do you know that person that you gave the box to, you rascal? no, says I, the gentleman called him back, and he brought the box back again to me, he gave me the box again, and he walked on quite a pace, two gentlemen and I followed him, and when he was turned the corner, he set off a running, and the two gentlemen after him, and they catched him, and had him to Mr. Wilson's.
Q. He had clearly taken it from you? - Yes, he put his hand on my head and I laid the box down on a block, and he took it from the block.
Q. How did you know what was in the box? - I did not know it till Mr. Wilson told me.
Q. Was the box heavy? - Yes, it was very heavy.
Q. What street was it the man asked if you belonged to Maidstone? - In Queen-street.
Q. In what street did the man take the box from you? - I don't rightly know.
I am the master of the barge of Mr. Allen and Robert Mason 's; I sent the lad with the box from Bull's whars, it was told me there were halfpence in it, I got it from Mr. Austin's, at Ailsford. In about half an hour after I see it again at the Mansion House, there was a direction on the box on a bit of paper.
Q. Who had the care of the box at the Mansion House? - The constable.
I am a waterman. I met this lad with the box in Queen-street, and he asked me the way to Bishopsgate-street? I told him to go up to the top of the street, and then to ask; he then parted with me, and a young man, in a blue coat went up to him and got into conversation along with the boy; and the man there, the prisoner, was close behind the boy, walking up the street all the time, walking near the opposite side of the way. The man that was talking to the boy tilted up the box and looked at the directions; he then left the boy and the boy went on, the prisoner turned down Pancras-lane and came up Bucklersbury again, and met that person that looked at the directions; he then left the boy, and the boy went on; the prisoner turned down Pancras-lane and came up Bucklersbury again, and met that person that looked at the directions; the boy then went down the Old Jewry, they all three followed him, there were three of them in all. I saw no more of it till they came to the bottom of Princes-
I am clerk to Mr. Emfield, of Chelsea, I was going along Lothbury, and I saw the man with the box on his head, and this man, Guy, went up to the boy and said, do you know that man? he said no. With that I went with Guy and took the box from him, and Guy gave the box to the boy. I went to Mr. Wilson's with the prisoner, he went on till we came to Wormwood-street, when he attempted to run away, and he was stopped and taken to Mr. Wilson's.
This box was for me, I expected it from Mr. Austin, of Assford, in Kent.
Q. Who are the Messrs. Masons? - They are the carriers; the box was brought home by the two last evidences, Mr. Whaley and Mr. Guy; I had advice by post, two or three days back, that there were four pounds seven shilings worth of halfpence in it, in five shilling papers.
I produce this box, I had it of Mr. Wilson, there are two seals on it, put on it by Mr. Wilson, and a direction.
Wool. This is the box I gave the boy to carry.
Prisoner. I was coming down Lothbury, and I was accosted by a man, who asked me if I would earn six pence? I told him yes; he gave me two-pence three farthings, and says, you go and ask that boy for that box, it is to go to Mr. Wilson's, in Bishopsgate-street; I went to the boy, and he gave it me, and then that man came up, and said that I wanted to steal it from the boy. I have no friend existing, but a mother and father.
GUILTY . (Aged 29.)
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
354. DAVID HUMPHRIES was indicted for stealing, on the 22d of May , six pounds weight of feathers, value 12s. a bed sacking, value 3s. a linen bag, value 1s. a canvas apron, value 1s. two brass cloak pins, value 3d. a hessing bag, value 2s. the goods of Gawen Shatter .
(The cafe opened by Mr. Jackson.)
GAWEN SHATTER Sworn.
This bag of feathers was taken out of my house the 22d of May, one of my apprentices saw it taken out.
Q. What induced you to apprehend the prisoner? - From the information that was given me; I was sent for home on this discovery, and brought a constable, and
Q. Was this at your own house? - Yes, the prisoner was a servant, he had lived with me three years and five months, a weekly servant; the next morning I visited him in the Poultry Compter, and he acknowledged that he robbed me of feathers.
Mr. Knapp. I would wish to ask you whether you did not tell him before he confessed, that it would be better for him if he told it? - No.
Q. Did you not say, David, tell me the whole truth, and what you have robbed me of, and it shall be better for you, or I will not prosecute you, or words to that effect? - No.
Q. Do you mean the gentlemen of the jury to understand, that the moment you got into the Compter, you said nothing to him, and he confessed as soon as you got in? - I told him as to evidence against him, I had sufficient, I had found some property; all that I wanted was to find out where my property was, to bring the people to justice, the I only wanted to know of him where he had taken the property to namely, sacking, feathers, down, and other articles, the answer was -
Mr. Knapp here contended that the confession could not be received under these circumstances.
Mr. Jackson. When did you see your property again? - At the house where I was directed, I had the search warrant the 23d, the same day as I had the conversation with him in the Compter, and I found some bed sacking, a canvas apron, and several other things, that I could not be certain of; I found these things at the house of Sarah Boss , in Stonecutter street, one door goes into shoe lane. I found a seah bag the 4th of May, marked T. 5, No also two brass cloak pens. It is a linen bag.
Mr. Knapp. You went some where, and found a feather bag, marked as you have described; and two brass cloak pins? - Yes.
Q. The prisoner at the bar was not there, I take it for granted? - No, he was not.
Q. Did you ever learn from any body else besides the prisoner at the bar, that it was his lodgings? - His wife was there present, and his children were in bed.
Q. Then he did not tell you so at the time? - No, he did not.
Q. You described a feather bag? - yes.
Q. You are a feather merchant? - Yes.
Q. Of course you have considerable dealings in that particular line, in which you are a merchant? - Yes.
Q. Will you take on yourself to swear that among the bags that contain feathers, there are none marked exactly in the same way as you have described this? - Yes.
Q. How lately had you an opportunity of taking notice of the particular number on your bags? - In December, when I took stock.
Q. How many may you have in your house for this purpose? - Seventeen or eighteen.
Q. I take it for granted that you will not swear before these gentlemen and my lord, that there may not be two sacks of the same number as the present? - I will.
Q. Did you see him number them all? - I see him before some of them.
Q. From December, to the time of this robbery, will you attempt to swear no other bag had been marked with the same number, and in the same way as this bag had? - Yes, I will, no man will find two numbers alike in my house.
Q. I am not questioning the regularity of your trade at all, but will you though you was not present, though your apprentice marked them, though he has not marked them all in your presence, will you take on yourself to say that there are not two bags of the same number? - I will.
Q. There are many other feather merchants in town? - There are.
Q. Is it not a common thing for feather merchants to mark them exactly in the same way as you do? - I don't think it is, I have not been in every feather warehouse in London.
Q. Will you swear that they do not? - I will not. I chose to swear to this bag, I can swear to my own property, marked by my apprentice, I will swear to his hand, his mark.
Q. Do you mean to swear to every piece of goods that your apprentice marks in your warehouse? - They are not brought here, but this I swear to from the particular manner in which it is done, as well as I would to his person.
Q. Now about these cloak pins, they had the same mark on them too, I suppose? - No.
Q. Where were the cloak pins found? - In a room below his house. The landlord said they were given him by the prisoner.
I am an apprentice to Mr. Shatter, I see the prisoner go from my master's house, the same evening that he was taken to the computer. On Thursday the 22d of May last, about twenty minutes past seven, my master being out he asked me to give him leave to go out, for about a quarter of an hour? I asked him where he was going? he said to London Bridge, or that way; I said he might go if he would return in time to shut up the shop; he said, he certainly would; and I had my eye on him, and as he was going out of the house, I perceived before he opened the door to go out, that he stopped down and picked up a bundle, a coarse bag, that appeared to be Hessings, or something of that nature, with some feathers, which I saw through the bag; he opened the door and went out; as soon as he shut the door, I opened the door and looked out after him, I perceived he turned a turning which was quite a contrary way to London Bridge, which gave me a suspicion that he was carrying away my master's property; then I immediately set my fellow apprentice to watch him where he carried it to; his name is William Evans.
Q. Was you one of those that afterwards searched his lodgings? - Yes, I was with the constable, and we found a bag with a mark on it.
Q. What stuff was the bag made of? - A kind of coarse linen.
Q. Was your master with you? - Yes.
Mr. Knapp. First of all you told my lord and jury that you see the prisoner pick up a bundle before he went out? - Yes.
Q. How came you to alter your manner of statement; saying a bag of feather? - Is not a bag of feathers, a bundle?
Q. If you ask me Mr. Impertinence, I tell you no. How long have you lived with your master? - Five years, the 1st of July.
Q. Have you always marked his bags? - Yes, always down to the present time.
Q. It never happened to you to make the same marks on another bag, exactly as you have done on this? - No, never with that number.
Q. Not during the whole course of five years; your bags are marked regularly down, are not they? - Yes; they are, from one, two, three, and so on.
Q. Then you never marked more than one with that mark? - Never. When I first came there where some of my master's master's marking, but they were never marked as I have marked them, they were much smaller than any that I marked.
Q. What do you think of the mark of tare, the quantity, do you recollect whether any of your master's master's marking might express the same quantity on a bag? - I suppose it might.
Q. On your oath, during the time that you have been in your master's service, have you had the same bags down to this time? - Yes, I never marked but one set since I have been with him.
Q. Will you take on yourself to swear that before this man was apprehended, the one that you have talked of, the No. 9, was not missing before that time? - No, I will not.
Q. Was you in this trade before you came to your present master? - No, I was not.
Q. Have you never, in the course of your trade, been sent to other feather merchants? - No, never in my life.
Q. Perhaps you have seen other feather bags brought to your house? - Yes, I have.
Q. It never occurred to you to happen to see the same number as this bag, on other bags brought to your house? - No.
Q. Don't you apprehend that other feather merchants may have the same tare and number on their bags? - This bag that I am now speaking of was made up for the purpose of beating the feathers in.
Court. Did you ever mark a bag for any other master? - No.
I apprehended the prisoner at his master's house; as we walked on to the compter I asked him where the bag was? he said he had sold it to a Mr. Boss, in Shoe-lane for four shillings and six-pence.
Q. You had not told him it would be better for him? - I had not, upon my honour; I put him in the Compter and searched him in the Compter.
Q. Whose house did you first search? - I went to his lodgings first, but I found nothing that night; but on the 24th, the next day, there were several search warrants granted; and I went with the gentleman to Mrs. Boss's house; we light of her in the feather room up stairs, she was coming down out of that room, we searched the under part of the house, and in the one pair of stairs we found a piece of sacking, and in the shop we found this outside piece, it is called a canvas apron; the day after we went to
Q. Did you afterwards take the prisoner before the Lord Mayor? - I did before that.
Court. How was that bag marked? - I cannot positively say; there was a 9 on it.
Mr. Knapp. Did you attend the prisoner before the Lord Mayor? - Yes.
Q. Was his examination taken in writing? - I believe it was.
Q. The bag was found where the clothes pins were? - No, not in the same room.
Q. When the prisoner was delivered to you was he ssurried at that time? - He really was trembling; he was charged to me for robbing of his master of a bag of feathers.
Prosecutor. This bed sacking was found in the house of Mrs. Boss, but I cannot swear to it positively, because there is other sacking like this, but the bag I can swear to, that was found at at his lodgings, it is worth about three shillings.
Prisoner. That bag I took for a blanket weapper that was wet, and I took it to go to either William-street, or Bell-yard, Temple Bar, I don't know which. In the Compter I told master of that bag, that it was under my bed, and he said the children were in bed, and he did not search under, and he went the next day and got it.
The prisoner called Henry Welch, who gave him a good character.
GUILTY, Of stealing the bag only . (Aged 36.)
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
MARIA SMITH sworn.
The prisoner came to my shop to buy a comb; I live in Sloan-street; it was four weeks go to day; she offered me half a crown to change, and I sent the half crown out with my little girl to the next door to change; the woman followed the little girl into the other shop; then afterwards she brought me these two bad shillings and some halfpence, my little girl brought the two bad shillings to me; then when I gave them the woman she refused them, and said they were bad, she bid me change them; I sent them back to Mrs. Cunnington to change them, not knowing that they had been changed by the prisoner, and Mrs. Cunnington said they were not the two shillings she gave in change.
I am in my tenth year.
Q. Supposing you swear that, that is not true, by which the prisoner may be affected, what will become of you? - Go to Hell.
Q. You was directed by your mother to carry the two shillings that was objected to, to Mrs. Cunnington's house? - Yes. I went in to Mrs. Cunnington for change for half a crown, and the woman, the prisoner, followed me; Mrs. Cunnington laid down the two shillings; the woman took them up with one hand, and laid down two others with the other hand, and I took the two shillings that she laid down, into my mother.
Prisoner. I wish to know whether the girl can swear that ever I was in the shop? - I am sure she was in the shop.
I live next door to the prosecutor; the prisoner came into the shop after Mrs. Smith's little girl, and the woman took up the two shillings; I turned my back to my till to give six-penny worth of halfpence, and I don't know whether she laid them down again or put down others.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Baron THOMPSON.
356. MARTHA RIDLEY otherwise MARTHA FISHER was indicted for stealing, on the 27th of May , a black callimanco petticoat, value 1s. a flannel petticoat, value 1s. a pair of stuff shoes, value 13d. the goods of Elizabeth Lee ; a cotton shawl, value 1s. a check apron, value 1s. the goods of Elizabeth Bell .
I live in Cable-street, St. George's parish ; I lost, the 27th of last month, a black callimanco petticoat, and flannel petticoat, and a pair of stuff shoes; they were taken from Elizabeth Bell's, I lodge there; they were taken away about eight o'clock in the morning; I am sure they were there about seven o'clock; the pawnbroker has got them. I never see the prisoner before that night, that she came to sleep there.
Q. Did she sleep in the same room with you? - Yes.
Q. What time did she get up in the morning? - About eight o'clock; she got up before me.
Q. How do you know that your things were there by seven o'clock, if you was not up? - I was awake about seven o'clock and see them; I was asleep when she got up, I awaked again about nine o'clock.
Q. Did you make any enquiry after the woman? - Yes, and could not find her till last Friday, when immediately I went up to the office, I found her at one Mrs. Jenks's, in St. George's, Whitechapel.
Q. Had she got any thing about her? - Yes, a pair of shoes, they were under the bed, she was in bed.
Q. Have you got the shoes? - No.
Taplin. I have the shoes; I took them out from under the bed.
Mr. Lee. These are my shoes; I see them taken from under the bed.
Mrs. Fisher came to my door for a lodging, about one o'clock; she said she had got a cloak that she would leave for six pence; she went to bed along with the young woman; in the morning there was an outcry that she was robbed; the whole are things which this body, Elizabeth Lee, has got on; it was my shawl and apron that this body had to wear; I lent them to her, because she had none to wear; she had them when she went to bed with this woman. She left a petticoat behind her, and an old pair of shoes which the prosecutor has got on now; the pawnbroker has got my apron, the shoes has not been found.
Q. To Lee. Where was this shawl and apron that you had borrowed of Mrs. Bell? - They were altogether in the bed room, the two petticoats were on the bed, and the handkerchief and apron were on a chair; the prisoner left her old black petticoat on the bed.
ESTHER MORGAN sworn.
The morning the prisoner was taken up she brought a petticoat and left another in the room of it. This is it, I know it by the border at the bottom of it.
I took in a callimanco petticoat, and a check apron, the 27th of last month,Ann Jenks 's daughter.
I am between eleven and twelve, I carried an apron and petticoat to Mr. Rolse, the 7th of last month; I believe it is about four or five weeks ago.
Q. Did you ever carry any thing to Mr. Rolse more than once? - Yes, several times. I took that petticoat and that apron. The gentlewoman, Mrs. Fisher, gave them me, the apron she gave me from her sides.
The 27th of May the prosecutrix came to me and said that she had been robbed. Accordingly I went to Mrs. Jenks's house, in Spitalfields, the prosecutrix found out that Mrs. Fisher was there, I went by her directions, the prisoner was in bed; I found the shoes under the bed, and two duplicates were found in the room, and also a petticoat and apron by another girl that did lodge in the house, but she is not here.
The prisoner lodged at my house, and she laid out of my house Monday night, and she came on Tuesday morning, and she brought in this petticoat and said, she would be glad if I would let this girl go with this petticoat for her to pledge; says she, I owe you 9d. and I will pay you and give the child a halfpenny.
Q. What petticoat was it? - I did not see it, she pulled it off her sides, and gave it to my child.
Prisoner. On Monday night I went and laid in Mrs. Bell's house, very much in liquor, and left my cloak for six pence; in the morning I got up and put on this apron and petticoat in a mistake, but the one left was the best. I went home and said to Mrs. Jenks, I have been very much in liquor and slept at Mrs. Bell's last night, and put on a wrong petticoat and apron by mistake, I will be glad if you will go and take them back and get my own back again.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
I was at the Bank the 7th of May to receive some money, and a guinea dropped out of my pocket in Margaret-street, Cavendish-square , by my own door, I dropped three guineas and the gentleman's servant that brought me home picked up two guineas and gave them me, with that his footman and my maid servant went to see if there were any more dropped, I went in to count my money and I heard a noise about the door, about this man picking up the guinea. I lost one.
I am servant to Mr. Beadle, I was with Mrs. Stephens the 7th of May last, the lady was getting out of her carriage and dropped three guineas, two I picked up, and Lazarus Solomons coming by, he threw some silver down and picked up the others.
Q. Was he near enough to see what you was about when you picked up the two guineas? - He was, he stopped, I saw the guinea, and he took and pushed me on one side and picked it up, I told him it was the lady's guinea, he said where is the lady? it is my guinea; he would not give the guinea up.
Mr. Knapp. You say he throwed down some money, will you swear there were not some guineas throwed down as well as shillings? - I see him throw down the silver but I see no guineas fall.
Q. You don't know whether there were any guineas among them? - I do not.
Q. Did you pick up the guineas and silver that he threw down? - No, he picked it up.
Q. Then how do you know but what he might have thrown down a guinea as well as the lady that dropped the other? - He owned it at last.
Q. You stated to my lord and jury, just now, that the prisoner pushed you away? - He did.
Q. Did you say so before the justice, upon your oath? - I did.
Q. You said before you went before the justice that you see him pick some money up? - I did.
Court. You took up two; did you see the other guinea on the ground before the prisoner throwed down his money? - No, I see it when he stopped.
Mr. Knapp. So that his money was down on the ground before you saw the lady's guinea? - He throwed it down.
SARAH PHIPPS sworn.
I see the guinea in the prisoner's hand when he picked it up.
Mr. Knapp. You did not know to whom this guinea belonged? - I did not.
The prisoner called six witnesses who gave him a very good character.
GUILTY . (Aged 25.)
Imprisoned one month in Newgate , and fined 1s .
Tried by the first Middlesex Jury before
Mr. Justice BULLER.
358. JAMES TURNELL was indicted for stealing, on the 16th of May , a feather bed, value 2l. two flannel blankets, value 2s. a coverlid, value 1s. a hempen tarpaulin, value 5s. the goods of Thomas Rosewell .
Q. Did you see the prisoner take them from the barge? - No, my man saw him in the barge, but he is not here.
Q. Were they under lock and key? - No.
Q. How soon did you see them after they were missing from the barge? - About six hours after they were missing; I see it in Brentford, in Robert Usher's barge, that this man worked in.
Q. Was any body in the barge at the time? - No, not when I see them there.
Q. How do you know they belonged to you? - I laid on them every night when I was on board; I know them two flannel blankets, they had got a place, a hole where they had been mended; the coverlid was mended in several places;
Q. Why do you charge that man with taking them? - I know the man, it was the man that I had suspicion of.
Q. Was the barge his? - No, he laid his barge along side of ours, and my man had some suspicion that he would take something out.
Q. Did you see him with the barge along side of your's? - No.
Q. Who brought the things out of the barge? - I did, the officer commanded me to take them out.
Q. Had you any conversation with the prisoner about them? - I told the officer to take him.
Q. Did any thing pass between him and the prisoner at the time? - No, not that I heard, he told me to take the bed out of the barge, and he would take the prisoner, and while I was taking the bed out, the prisoner ran from him, and he took him again.
I am Rosewell's father-in-law, I am a barge-master, I have got nothing to say against the prisoner, because I see nothing; the prosecutor came and told me that his bed was lost, and he told me how he got it again.
Not GUILTY .
Tried by the second Middlesex Jury before
I am a brewer's servant , I work at Mr. Webb's, in Eagle-street, Red Lyon-square; I lost the property from No. 1, Bowl-yard, Broad street, St. Giles's , I am a lodger there, I got up in the morning about six o'clock to do my work, I came down, and I desired this man who slept with me, to bring the key down, and leave it with the mistress of the house; yes, says he, I will, then I went to work, I never saw him in my life before, it was the first night sleeping with me.
Q. How came he to sleep there? - I asked him how he came to sleep there? in the night, and he said he saw his name put at the window, and he asked for a lodging there, this was the first night. The waistcoat, breeches, and handkerchief were missing; my mistress she perceived the things gone first, he came down and gave the key to her, and asked her if there was not a place backwards, and after that went out by the window, and she mistrusted he had got something under his arm, and she went up and saw my things were gone; and she told her husband, and he went after him.
I am the landlord of the house, the prisoner came and took the lodging of my wife at five o'clock in the afternoon, and he slept along with this man; in the morning he got up and brought the key down, and gave it to my wife, and went and asked to go back to the yard, she said, yes, and directly as he went out, she saw the bundle under his coat and directly went out after him, and lost him up in Crown-street, and they came down to me to the brewhouse, and I went after him and see him walking down the street,
Prisoner. These are my things, I know the breeches, there is a little patch on the right thigh.
Prisoner. Between five and six when the man got up, he waked me and told me to bring the key down to the landlord; about six or seven a man came up and waked me by my bedside, I don't know who it was, and told me to get up, and take the key to my landlady, and I went down and gave the key to my landlady's daughter, and I asked her the way backward, as I did not know the way of the house, and the little girl stayed in the yard all the time; the man and I went out, and this man who came up and waked, asked me to carry the bundle for him, and as I was walking along, in Crown-street, them two men came up and took me directly.
GUILTY . (Aged 21.)
Imprisoned six months in the House of Correction , and Publickly Whipped .
Tried by the second Middlesex Jury before
360. MARGARET WATSON was indicted for stealing, on the 26th of May , two half guineas, one hundred and twenty copper halfpence, a silver tea spoon, value 2s. a garnet stone ring, set in gold, value 2s. a muslin apron, value 4s. the goods of Andrew Quinlon .
Q. Were these things let to her with the lodgings? - No,
Q. When were the things stole? - Monday the 26th of May.
Q. Was that the day you missed the property? - Yes, the same day; she was a lodger in my house, I had suspicion; I had been out, and when I came home I went to a chest of drawers in the lower apartment, the ground floor. I found the wood cut and the two top drawers disfigured very much. When I missed the things first I went to work again, because I did not miss at that time any thing but the five shillings worth of halfpence, and then my wife sent after me and told me that she missed the two half guineas of gold; and I went and searched about the pawnbrokers and found the apron, and the silver tea spoon, in Shoe-lane, pawned there; that was the same day about two o'clock, as nigh as I can guess.
Q. What time was it you came home and missed the halfpence? - About ten minutes after one.
Q. When was it you took up the prisoner? - The same day. I found her in the street, she was coming up towards my house, and I was standing at my door, and as soon as she see me she runs back again, this was between two and three o'clock.
Q. Did you take her into custody? - Yes, she had bought a parcel of things with the money; she had a new blue apron, and a new stuff bed gown, and a lining for it, and a new shawl; they were about her at the time that I took her, and a new cravat that was for a man; then she was taken to Hatton Garden, and was examined there, she said she had fifteen shillings; the examination was taken in writing.
I am the wife. I was robbed Monday the 26th of May last, Monday was a week; the prisoner was in the room when I went to Barn; I went a quarter after twelve, to milking. I was left in the house after my husband, and I got my husband's dinner ready, and went a quarter after twelve to milking, and locked the door and put the key where I always put it, for my husband to come in to dinner. She was watching me to see where I put the key, she unlocked the door and let herself in, I suppose so. She was in her own room, in the one pair of stairs, when I went to milking, she got to the drawers and broke the wood about the locks and took five shillings worth of halfpence out of one drawer, and unlocked the drawer next to it the same way; the wood was cut away from the lock of both of them, and took out of one two half guineas, a silver tea spoon, a garnet ring set in gold, and a muslin apron.
Q. How was the five shillings worth of halfpence done up in papers or loose? - Loose. I came home after my husband, about half after one; my husband told me of the place being robbed while I had been out, and I went and looked and missed these halfpence first, I missed no more till he went to work, when I missed the other things, and he went to the pawnbrokers to try if he could make any thing out, he could not make any thing out, and he came back and stood at the door, and he saw her coming to the door with the new things about her, and he took her, and she was taken to the office and committed.
Q. Was there any property of your's found about her? - No.
Q. What is her business? - I never see her do any thing but just keeping the room.
I am a pawnbroker's servant, I produce a muslin apron and tea spoon, pawned by the prisoner at the bar the 26th of May.
Q. Had you ever seen her before? - No, I am sure that is the woman; they were pawned sometime between the hours of twelve and two.
Mrs. Quinlon. The muslin apron is mine, I know it by the edging, having the same to a cap, it is a worked muslin, I made it myself, the tea spoon is mine, I cannot read but I know it is mine, it has three letters on it, I bought it with a looking glass.
Prosecutor. The letters are I. S. F.
Prisoner. I never took any thing I declare, nor was I the person that pawned them, I never robbed them of a pennyworth in my life as God is my Saviour; I have no friends.
GUILTY . (Aged 33.)
Transported for seven years .
Tried the second Middlesex Jury before Mr. RECORDER.
Q. When had you last seen it? - I cannot tell, they were constantly in the house, and about the house, it was marked with my own name at full length, I have got one of the same here; I found it broke to pieces, it was brought to me by Mr. Norman about nine or ten o'clock in the morning of the same day, the 22d of May.
I live in High Holborn, I am a silversmith and jeweller, I have got the fork in question, about nine o'clock on Thursday the 22d of May the prisoner came to dispose of it.
Q. Was it in this state when he brought it in? - Yes.
Q. Was the name distinguishable on it? - I see the name on it, and I suspected him from that; my son was in the shop and a maid servant when he came in, and he gave her the fork, she came up to me, and says, sir, here is some old silver brought to sell; I looked at it, says I, it is stole; and I came down and says to the prisoner, you have stole this; no, says he, I have not; says I, how did you come by it? and at last he said, the dustmen had been at their house, and he found it in a chimney corner. I asked him where he lived? he said, at the Crown in Charing Cross, and his master's name was Smith, I told him it was very proper for me to go down with him to his master; he said very well, but he had had a letter that his mother was very ill, and he could not get out any other time; says he, you can keep the fork, and I will call as I come back Says I, that will not do, and at last he agreed to go, I took him down Drury-lane, and he walked down very quietly, and when we came near to the office I said, you had better settle the business here; he seemed disposed to go towards Charing Cross; I took hold of his collar and told him he had better go quietly, and I took him into the Brown Bear, and put him into an officer's hands, and he acknowledged where he did live; he said, he lived at Mr. Holyland's. in the Strand, and I went down to Mr. Holyland's and asked him if he had lost any thing? and shewed him the fork, and he brought me five more directly out of the drawer that matched them. The name is attempted to be seratched out, but it matches the other forks exactly; and we had him before the justice, and is the evening he was committed.
Prosecutrix. This is my fork; it is the same as Mr. Holyland produced; the prisoner at the bar was a servant of mine, he came to me the 23d of April last.
The prisoner called one witness to his character.
GUILTY . (Aged 16.)
Imprisoned three months in Newgate , and publickly Whipped .
Tried by the second Middlesex Jury before
Mr. Baron PERRYN.
362. ANN BAKER was indicted for feloniously stealing, on the 17th of May , nine pair of mens thread stockings, value 1l. four pair of men's cotton stockings, value 10s. four pair of womens cotton stockings, value 16s. a child's linen cap, value 1s. two child's linen shirts, value 2s. two wooden boxes, value 6d. a glass ink stand, value 6d. and four yards of printed cotton, value 5s. the goods of Hardy Vaux ; and
THOMAS BAKER was indicted for feloniously receiving, on the 18th of May , two pair of mens thread stockings, value 6s. two pair of mens cotton stockings, value 5s. two wooden boxes, value 6d. a glass ink stand, value 6d. and four yards of printed cotton, value 5s. being part of the aforementioned goods, knowing them to have been stolen .
HARDY VAUX sworn.Ann Baker was a servant to me; when I made the search I found on her one pair of womens cotton stockings on her legs, one pair in her box, two pair about her bed, one pair under her bed, and one on it, and some child bed linen in her pocket. Thomas Baker on the Sunday preceeding his being apprehended, he came to a public house in my neighbourhood and sent for his daughter; I sent for him over; he would not come; he always used before to come to my house, and I made him welcome; that day he would not come, I suspected that he had got a pair of my stockings on; I went over to the public house, and I see he had got a pair of stockings on which I thought was mine; the next day after I had the woman apprehended; I told my suspicion to the police office, and had a warrant and apprehended him; we searched his box and found part of my property in it, it was in Bowl-court Shoreditch; his wife said it was his box; I always heard and understood that he lived there, from his daughter; I don't know that I ever heard it from him, his wife was there; I found there about four yards of printed cotton, two pair of hose, two wooden shaving boxes, and a glass ink stand, and a duplicate for two pair of stockings; the witness here has got them, the things are all here.
- MARRIOT sworn.
I have got the duplicate, I got it from the prosecutor, Mr. Vaux, on the 6th of January, there were two pair of hose pledged with us of the name of Sarah Carrol , answering to the duplicate; in all probability I should know her was I to see her. I have not seen her since.
I found the things in Thomas Baker's room, in his box; his wife told me it was his room and box, he was not there; these two pair of stockings were found, from a duplicate found in his box, and taken from the pawnbroker's.
Prosecutor. These are mine, I know them by a mark that I put on them myself; this cotton I have got part of the piece to match.
- LINDALL sworn.
I produce the stockings the woman had on; I took them off her legs, and I have kept them ever since.
Prosecutor. They are mine.
Lindall. Here is one pair that was in her box.
Prosecutor. They are mine.
Lindall. Here is the child's linen found in her pocket.
Q. To Prosecutor. What is become of those stockings that you saw on his legs on Sunday? - These I found in his room, as I supposed them to be, on Mon
This little cap is mine, and this little shirt; I cannot recollect the time when I see them last, I did not discover they were lost, till I found them again.
Q. Had you looked at all in the cupboard, in which this property was, any short time before the things were taken away? - No, I did not particularly examine.
Prisoner Ann. I want my wages and my clothes if you please.
Mr. Knowlys to Prosecutor. You did not examine the stockings that were on the man's legs? - I did not, it is only my suspicion.
Prisoner Thomas. At the time that Vaux comes up to me, he comes and tells me that my daughter was taken for theft? I am very sorry for it, says I, and says he, you must come and bail her; I said then if she had been a thief, I would not come nigh her; and I went all about with him to the pawnbrokers, and never knew I was a prisoner. I told them if she had thieved, there were some of the goods in my place, a piece of cotton, and a pair of white stockings, I acknowledged this to him, and if I had thought they had been wrong got, I should not have permitted them to have been there.
Ann Baker, GUILTY . (Aged 20.) Transported for seven Years.
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
MARY FLICKEN sworn.
I am the wife of the prosecutor, John Flicken, he is a sugar baker , I lost the ribbon on Tuesday morning; I keep a haberdasher's and ribbon shop; on the 3d. of this month I lost eighteen yards out of a drawer in the shop; it was in the shop for the purpose of sale; I remember the prisoner coming into the shop on Tuesday morning, to look at some ribbon, I never saw him before, he came in to buy a ribbon; he asked to look at some ribbon, I shewed him some.
Q. Did he mention the particular sort of ribbon that he wished to purchase? - No, he did not; I believe this ribbon was in the drawer, it was there the day before. He did not purchase any.
Q. Had you observed him take away any? - I had not. I did not see the ribbon the morning that he came in, but I see it the day before.
Q. When you perceived that this ribbon was missing, did you make any enquiry after the prisoner at the bar? - Yes. He was taken at the corner of Well's street, about five minutes walk out of the shop, he was not brought back again to the shop, he was taken into custody. I see him ten minutes after he was first taken, he was searched before I came.
Mr. Knowlys. You did not know this man before? - No, I never see him before in my life to my knowledge.
I am a constable, I was coming down Ratcliff-highway, I heard a hue and cry, I saw the prisoner. I took hold of him, and found this ribbon in his coat pocket, it was sealed before the justice, it has been in my possession ever since.
Mr. Knowlys. You knew this man before, you have had him in custody two or three times? - I had him in custody about three months ago, and I found a parcel of oranges about him, and an egg in his waistcoat pocket.
Q. I believe he passes as an insane man? - Some people say so.
Prosecutrix. The silk has no mark, I believe it to be mine, I am sure we had the pattern in the shop.
Court to Back. Did the prisoner say how he came by it? - He said nothing at all, I could not get any thing out of him, he stood like a foolish man, with froathing out at his mouth.
I was present when the man was apprehended and searched, this here piece of ribbon was taken from him, I think he said he bought it, he looked something in a stupid way, quite so, from the whole that I have learned from different folks, it appears that he is insane.
Not GUILTY .
I am prosecutor in the cause respecting some deals that were stolen, my property. I am a builder in Tottenham-court road, the deals were stolen from two houses that I am building in Warren-street, Tottenham court-road ; I cannot justly say when the deals were taken, my carpenter discovered them.
Q. Did you know the dea's when you see them again? - I did not.
Q. Do you know that any were taken away at all from thence? - I cannot say, I was not on the premises.
Mr. Knowlys. Have you any partner in this business? - I have not.
I work for Mr. Tomlin, I know a twenty feet two and half plank, and some twelve feet plank, they were taken away from Warren-street, Tottenham court-road, I cannot say the quantity, we have found, they were taken to different places, that I found them at, I found one part of them at Fitzroy square, one part of them in Camden Town, and one part of them in Monmouth-street, I missed them on the 13th of May, I am sure they were there on the 12th, and marked by the sawyer; I found one part of them in possession of Mr. King, and another part in possession of Mr. Lever, and another part in Fitzroy-square, they were there in a saw pit, nobody appeared to have any right to them, I knew the stuff again the moment I saw it. Mr. Lever said himself that he bought them of a sawyer, and that they came from Mr. Tomlin's buildings; I know part that were in Fitzroy-
Q. Did they work for you on the 12th. the day before you missed the boards? - I cannot say whether they did or not.
Q. Did they work at all in Warren-street? - Yes, one of them did (dales) Brown never worked in Warren-street for me, he worked over the water in Mr. Tomlin's yard, at the water side.
I bought some deals of Hales, the prisoner at the bar Hales was alone, those were the deals that Mitchell afterwards saw at my house, he came and asked if I had bought any deals? I told him yes, and I shewed him them, he said they were his master's property.
I work for Mr. Tomlin; on the 13th of May we lost a quantity of deals, we had information that the deals were carried to different places, we went and there we found them; we went to Mr. King's, and there I found some deals, the property of Mr. Tomlin, there were a good many more, but there is only two that I will swear to.
Q. Did you find deals at any other place that you knew to be Mr. Tomlin's? - We found some at Mr. Lever's, at Camden Town; and we found a great quantity, as much as one horse and cart would take away in Fitzroy-square, they were along side of a saw pit, which the prisoner at the bar had taken there, but there was my own hand writing on the wood, and my partners; we have got the man, the evidence that did take them away; they were all Mr. Tomlin's property, I can swear to them.
I carried some deals for somebody, at first I thought it was Brown when I saw him at the Mansion House, but I think I have made a mistake, and I think now it is not Brown.
James Hales employed me to carry the deals to the saw pit, I was in Tottenham. court-road when he employed me; I took them out of a new building, he gave them to me, I carried them to Fitzroy-square, he told me they were to be sawed there.
I saw the deals go down the road with Hales, the prisoner at the bar, they were carried to Camden Town.
Q. Was you employed to go with the deals? - Yes, I went down with the carter and cart, I worked for Hales at the time.
Prisoner Hales. I hired the house, I have had it for two years, I work for several masters, twenty or thirty, and when they bring deals to me I cut them, and when these deals come in of Mr. Tomlin's, I was asked if they would lye safe; and them that Mr. Lever had of me, was above four months ago.
The prisoner Hales called four witnesses who gave him a good character.
Both Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
THOMAS ROGERS , WIL-LIAM MARTIN , MARY MARTIN , ANN GILBERT , and HANNAH GILBERT were indicted for that they on the 31st of May , a piece of false seigned and counterfeit money, to the likeness of a halfpenny, unlawfully did make, coin, and counterfeit .
A second COUNT, for that they on the same day and in the same place, did unlawfully coin a farthing.(The indictment opened by Mr. - and the case by Mr. Cullen.)
I am an officer of the Finsbury division, in the parish of St. Luke's, I went to a house, No.4, Grub-street , to the house of Rogers, the prisoner at the bar, I went last, yesterday, Rabson and Pryor was with me, I went up stairs, and asked for one Williams; the woman said there was no other man in the house but Rogers, I then returned down stairs, I believe Rabson was then in the shop; this house was taken, as I understand, in my own neighbourhood, as a chandler's shop; we then went into the shop, and demanded the key of the first floor of Rogers, one of the prisoners, the old man; the key laid on a shelf, on the right hand side as we went in, we had the key and went up into Rogers apartment, which was the first floor, Pryor opened a drawer, and in the drawer we found this pan with halfpence in it, some of them what they call in pickle, in Brimstone and sawdust, it is in general reckoned to give them a colour; we have compared them with the dies, and we find the dies to answer to these halfpence. after we had been into the first floor and had found this, we went and asked for the key of the cellar, and looked about, and saw nothing there, turning round on the right hand, we saw a place partitioned off; Pryor says, Musprat, this is the workshop, I am sure we have found it now, we then came out of the cellar and went into the yard, but could find no admission into this workshop, we then went into the shop, and in a little parlour, which joins the shop, we told Rogers, a woman he had got with the children, that there certainly must be a trap door? Rogers made answer and said, if you look, I fancy you will find one somewhere about, Pryor then with his cutlass pulled the carpet aside, and under the carpet that laid on the floor, there was a trap-door, he then took a little iron crow out of his pocket, and put it in, and listed up the trap-door, he looked down, and said d-mn me, Musprat, here they are, I then momentarily jumped down, Pryor staid up, and I see as I went down, a man stand by the side of the steps, who endeavoured to pass me, I told him he should not, if he dared to attempt, he should find what he did not like; I went down backwards, and the man was on my right hand, that man was the prisoner William Martin, I told him to stand, if he made any resistance I would blow his brains out; I looked about, and I saw three women, these are the women all of them, I then came up; they were standing all up, one at one end of the fly, and the other at the other, and according to the situation of the place, the other woman stood as near as could be before the frame.
Q. Did you make any observation on their hands? - The women came up and followed me up, two of them, the man was attempting to follow afterwards; as soon as two women came up I coupled them together; they said, pray don't take us away in this manner, we have no stockings on, I must change my petticoat, I must have another gown; they desired time to change the dress.
Q. Did they go into any other part of the house for that purpose? - No, they did it in the room where we were in, the clothes were in that room.
Q. What became of the third woman? - The third woman followed them up, after the two came up; I think, to the best of my recollection, the third woman did not change her clothes at all. While I was hand cuffing Martin he says, what a pity it is, let a poor fellow go, it is in your power, I will give you a couple of guineas. Says I, if you give me two thousand I will not. After we had hand cuffed him, Rogers was tied with a cord, and the women had changed their apparel, we sent for a coach, and sent them to the Compter, and they were brought before a justice and committed. I examined the cellar, and I found a fly for coming the halfpence; I examined that fly, and in that fly I found this piece of copper between the dies; this die is for coining halfpence; the fly is a part of the press.
Q. In that fly or press you found a pair of dies? - Yes, here is one, and Pryor has got the other.
Q. Did you find this piece of money in that die? - Yes, and these halfpence about the die, and I found several other dies. There was a sieve with some blanks in it, where we suppose the person sit to supply the die with blanks; the other dies were some for halfpence and some for farthings.
Q. Did you find any farthings? - Yes, a great quantity stampt, and a great quantity of blanks for farthings? - I found the farthings in a box by the side of the sieve.
Q. Did you compare any of these farthings with the dies? - Yes, I did; they corresponded. I found a great number of other blanks, and two pair of womens pockets, all containing blanks for halfpence. The same day we went to ask Mrs. Gilbert if she wished to have any clean linen, or any thing sent for, as we had got the key, Pryor and I went; says she, I don't know what we shall do in this, we would very willingly give you twenty pounds a piece, if you would make away with these dies, and only bring the other things.
Mr. Knowlys. Rogers was at the door, he was not at work at all? - He was in the shop.
Q. His hands were not all dirty? - I did not observe they were.
Q. He was not at work however. This is a piece of copper that you found between the dies, it is not a perfect thing I believe? - No, I believe it is not; but the others that were round are perfect.
Q. Mrs. Martin is the wife of Martin? - They say so.
Q. They were doing nothing at the time that you went down into the cellar, only standing by? - They were so; the candles were just blown out, the sulphur came up enough to stifle me.
I am a peace officer.
Q. Did you go with Musprat at any time to any house in Grub-street, in May last? - I did. When I came to the house, Mr. Rogers was in the shop, and I told him I wanted to go into the cellar; he then told me that was the key that laid just at the entrance into the shop; when I came into the cellar I found a part of the cellar partitioned off; I called to the man, and told him that a part of the cellar was patitioned off, and we found no entrance; I came up and said to Mr. Rogers, this work shop is directly under this parlour, and there must be a way into it from here; he said, if you look about you will find it. I moved the carpet,
Q. Have you got any dies? - This is the top die that was in the press.
Mr. Knowlys. The other dies were not fixed? - They were not, they were about the shop.
Mr. Cullan to Musprat. Is that money that you produce good or counterfeit? - Counterfeit I believe them to be.
Mary Martin, Not GUILTY .
Tried by the London Jury before Mr. Baron PERRYN.
Sarah Butler is extremely ill, and confined to her bed; she lost some property, on Friday the 2d of May, I was in the shop, I am servant there, it is in Bishopsgate-street ; I was in the shop when the prisoner came in and asked for a quarter of an ounce of cotton; she went directly down to the bottom of the shop, to the middle of the counter, and I see the prisoner take up the stockings and put them down under her clothes, and then she comes to me and says, serve me, for I am in a hurry; I took hold of the prisoner, and the stockings fell from her on the ground, and I being weak and infirm I could not hold her, and she dragged me to the shop door, where she dropped the paper they were in; I begged a person going by to help me, and I took her in the shop, and took up the paper and stockings, and sent for a constable, and she was committed.
Mr. Knapp. You say she came in for some cotton? - She did.
Q. Did you bring her any cotton at all? - No, I did not.
Q. These stockings were laying on the counter pretty close to her, were not they? - Pretty close. I see her take them fairly off the counter with both her hands.
Three witnesses appeared in the prisoner's behalf.
GUILTY . (Aged 14.)
Imprisoned one week in Newgate , and fined 1s .
Tried by the London Jury before Mr. Justice BULLER.
368. THOMAS PRUDEN was indicted for stealing, on the 8th of May , two wooden casks, value 28. two gallons of Peppermint, value 12s. and two gallons of bitters, value 1s. the goods of John Read , and George Smith .
Q. Did you look afterwards at home to see whether you had lost two casks? - Yes, I did.
I was sent out on Friday morning, the 9th of May with a cart load of spirits, and I left the cart for about three minutes in Leadenhall-street while I called on a a customer, when I came back there were two casks gone out of the cart, and twenty-five shillings worth of halfpence, but these are not apprehended, I drove on to a public house with the cart for fear any thing should be gone, and then I went back to the house and enquired whether he saw any thing taken out of the cart, I heard there were two men stopped but I never saw the casks till I saw them at Guildhall.
I stopped the prisoner with the casks on Friday, the 9th of May, about eleven o'clock in the morning, I live in Leadenhall-street, I just then came from my breakfast going to my labour, I saw the prisoner up in a court along with another man, I then placed myself opposite to see the proceedings, and it led me to a suspicion that he had stole the things, I saw him and the other man, they quarrelled who should carry them, the other man had got something in his apron; the prisoner said, I will take them, he put one on each hip and went on, and I followed him and got close to him, I then examined the casks and see one had got a private mark on it, and the other a dealer's mark, he then went down an alley and thought it was a thoroughfare and it was not, and I got up to him, and I said, my friend, I really think you have stole these casks, and if you have not stole them shew me your permit, then I shall be satisfied you have not; he then said that his fellow servant had got the permit, behind him, he went down Jewry-street, I then said to him, I really think you have not come honestly by these; I then saw Mr. Cooke, an officer, coming, and I told him he had better stop him on suspicion; he then said he was going to Thames-street, into Darkhouse-lane, at the Antigalican, when we got there he said he was employed by a man to carry them to that house, we staid there a few minutes and then we carried the man and liquor to the Magistrate, at Guildhall, before Sir James Sanderson; and Mr. Read swore to the casks the next day.
Prisoner. I was at work that morning for Mr. Fitch and another salesman, carrying mackarel pads, I was done about eleven o'clock, I was coming through Leadenhall-street, a man comes up to me and says, my friend, do you want a job; seeing me a porter, says he, here is a couple of small cags if you will carry them for me to the Antigalican in Dark House-lane, and wait there till I come I will satisfy you, in going along I went into a wrong passage instead of the right, I made a mistake it was no thoroughfare, and the man called to me and I came round by Aldgate pump into Fenchurch-street, and this man comes up to me and says, my friend, where are you going with these cags? my friend, says I, you are not the man that delivered them to me, says he, I will charge an officer with you, have you got any permit? I said I had none, but I supposed the man that delivered them to me had the permit, accordingly I went along and I stopped to make water, and went on again, and accordingly he followed me and charged that gentleman
Court to Samson. What did he say to you when you first stopped him? - My fellow servant has got the permit, them were the very words he said.
The prisoner called three witnesses who gave him a good character.
GUILTY . (Aged 34.) Imprisoned twelve months in the House of Correction , and Publickly Whipped .
Tried by the London Jury before Mr. Justice BULLER.
I am a publican , in White Lion-court, Fleet-street ; the prisoner had been nursing a lady two or three doors from me; I know nothing of my own knowledge; the prisoner came in and called for a glass of ale, and soon after she was gone she was detected with the pot; the pot was in my house the 9th of May, at nine o'clock in the evening, I had it in my own hand; it is a sort we don't often send out. The woman was found with the pot in her pocket, by Joseph Smith .
JOSEPH SMITH sworn.
I am a constable; I am no relation to the prosecutor; I have got a quart pot and a pint pot that I took out of the prisoner's pocket, at the watch-house, the 9th of May; the quart pot in the right hand pocket, and the pint pot in the left hand pocket.
Prosecutor. They are my pots.
Joseph Smith. Here are two other pots that dropped from her apron.
Prosecutor. I can swear to them being my property.
Prisoner. I was coming from Red Lion-court, and I met the lad, and he had the pots in his hand, and he asked me if I did not belong to them? I said I did not; and he made me take them, and I refused, and he knocked me about, and insisted on my taking them. I have not sent for any body; I am a hard working person, I work very hard for my living.
GUILTY . (Aged 50.) Imprisoned six months in Newgate and fined 1s.
Tried by the London Jury before Mr. Baron PERRYN.
Q. Did you ever see the prisoner Steward before? - Yes, I see him about a month before this affair happened,
Q. How long have you lived with Mr. Waddington? - Three years almost. On the 21st of February, between seven and eight at night, I was in the kitchen and somebody rung at the bell, and I went up and opened the door, and I saw the prisoner at the bar; I did not see any body with him at that time; I asked the prisoner what he wanted? - I thought I knew him in the dress he was in; it was quite dark, there was no light but the lamp; I asked him the reason why he called on me; he said he was going abroad, there was a draft of soldiers going abroad, and he called to know if I had any thing to send to one Hill, who went away the first time any soldiers went.
Q. Who did you understand by this Hill? - The Hill that is mentioned in the indictment. He said he called to know if I had any thing to send to one Paul Hill that was abroad; I told him no, I had nothing at all to send, if he see him he might tell him that I was very well, if he happened to be alive and should see him there.
Q. How long had you known this Hill? - I cannot recollect, I suppose about four or five years.
Q. Was he a soldier? - Yes; he said if I had nothing to send him, he wanted something for himself; I asked him what he wanted, or what his demands were? he told me a guinea; I told him I should give him none on no account whatever, I had none to give away; I was going to shut the door, as he stood by the side of the door he put his foot against it, he told me he would not go away till he had some money of me, he said I was a bloody b-gg-r, and such things as that, and that he would not go away without money, and that he understood that there were connections between Hill and me, and therefore he would expose me if I did not give it him, he said, that I had been guilty of sodemy, he said that in plain terms; while he was speaking to me a woman came up to the door, and she told me that she was the wife of Paul Hill, she comes while he was there, and I asked her what she wanted with me, if she was his wife I had nothing to do with her, I asked her what she had to demand of me? she told me what Steward had told me before, and she was going abroad the next morning to her husband, and she wanted money to prepare herself for going; I told her she might go if she liked, I had no money for her, nor none I should give her on any account whatever, I told her I should give her no money at all; she told me that I had given her husband many pounds, and I should give some to her to carry her abroad to her husband? I told her she should have none of me, I should give her none at all.
Q. Had you ever given her husband any money? - No, nor I never knew her husband; and then she gave me a good deal of bad language, and said that I had been intimate with her husband, and slept along with him, and all such as that, and been guilty of indecencies; while this was going forward, there was another woman came up to the door, and she began calling me a great many abusive names, as the other did, and made a very great noise, she called me b-gg-r, and a sodomite, the same as the other did, repeatedly, I suppose a hundred times, and got a great mob about the door.
Margaret Solomous . This Jane Hutchinson she did not do any thing more than being abusive in her language. When the mob came about the door, Steward said, I think it is the best way for you to make the matter up, give them half a guinea, they are all going in the morning and I am going too, and then there will be an end to it. I told them I supposed they did not know what they were about, they were drunk or something or other; I would give them a shilling if that would satisfy them, and they should go, because my mistress was brought to bed, and I was afraid of the noise, the woman, Margaret, Solomons said, if I would give her five shillings she would go about her business and make no more noise; then I came down the steps of the door to see if the watch was set in the square; I left the door open and went to the bottom of the steps, I did not go from the door, but only to look at the corner if there was a watchman, and he was not set; I told them they had better go about their business, or I must have some assistance and have them taken up. One of the maids, that were below stairs, came up and I asked her for my hat, I asked her several times before she would let me have it, then at last when the people made such a noise and riot she brought me my hat, I then went and turned to the left hand corner, where there is a public house, the man's name that keeps it, is Gerard, I went in and asked if there were any watchman in his house; the man saw that I was very much starried, and asked me what was the matter? I told him that there was a man and woman at my master's door, and that they behaved in such a manner, that I wanted assistance, they were still remaining at my master's door; he told me he would come and bring some assistance, and in less than five minutes he came with the watchman, I got back before he came, and told them that there was assistance coming to take them, they said they did not care, there should be charge for charge, then when the assistance came, we walked down to the watch house, and went in there, when we left them there, the people belonging to Bridewell, sent for some assistance from the Compter, and the person that went with me, Mr. Gerard, bailed me that night, to answer for my appearance the next morning at Guildhall, they went to the Compter that night, and on Saturday morning they went before the Alderman; they insisted on the charge against me at the watch-house.
Q. Now the indictment states that you never had any sodomitical connection with Paul Hill. Do you swear on your oath that you never had any connection of that kind with him? - Yes.
Q. Where did you know Steward? - In Westminster, he was a soldier, when I first knew him I lived in James's-street, Buckingham-gate, with a widow lady, whose name was Turner, at the time; I lived with her a twelvemonth.
Q. Were you acquaintances? - No, not so much as to speak when we met, but I knew him by sight, I may have spoke to him accidentally at the public house when I have asked him a question. I knew his name to be Steward, I did not know his christian name till now, I find it is Thomas.
Q. Did you know his name was Steward when you was at Westminster?
Q. How long might you have known Hill? - About the same time as I knew this man.
Q. Who did you know first, Hill or this man? - I knew Hill first, they were both together always in that public house.
Q. How did you get acquainted with Hill? - When I lived with that Lady, Mrs. Turner, I had a lodging in Westminster myself.
Q. Where did you sleep then? - Alwaysat my mistress's house, never out of it.
Q. How long had you that lodging before you went to Mrs. Turner? - About two years, I imagine. I keep it now, it is at Mr. Moore's, at the three Tuns, in the Abbey Church yard, it is a garret, I keep it on purpose to keep the things that I have got.
Q. Do you ever sleep there occasionally? - I sleep there at times when I sleep with my wife, she was there, she did not live there but a very little while, she left that lodging to go to live at Mr. Cunningham's family, next door to where I live, the families knowed us both, she lives now in Charlotte street, with a Mr. Jobar, No. 59, Portland place, in a family where we both lived once before together. When I went to that place I had boxes to carry with my clothes, this Paul Hill was about there out of employ, and he carried them for me to Mrs. Turner's, to James's-street, Buckingham Gate.
Q. Did you ever sleep in a bed with Hill? - Never, I never knew where he lodged.
Q. Did Hill ever visit you in the house where you now live? - Never, all that I know of Hill was at Westminster.
I am a Coachman to Mr. - , in Lincoln's-inn-fields. When I waited at Mr. Waddington's last year, I was in Mr. Simpson's family, we used to go sometimes with one family and sometimes with another; our people were then there visiting, and I was waiting at the door with the carriage, I waited there a considerable time that evening, there came up a man in soldiers clothes and two women, and be asked me if there was not one Mr. Butts lived in the house? I said I did not rightly recollect the name of Butts, there was a man servant lived there, but I did not rightly recollect his name, if he ringed the bell there would somebody come to the door, and he would know whether the person was there that be wanted or not, he rung the bell and Butts came to the door, when Butts opened the door, he asked Butts, how do you do? to the best of my remembrance; and I went down and walked by the side of the horses for a minute or two, or a short time, and I heard them at high words quarrelling as I thought, I then stepped up to the door to know what was the matter. Butts said, I shall give you no money, I have no right to give you any money, and you have no business here to make a riot, if you do I shall charge a constable with you, or send for somebody or another to send you away from the door; they seemed to abuse him a good deal and called him some disagreeable names.
Q. Who was abusive? - The man and woman in particular, they semed to signify that he promised or ought to send money to some man. I cannot take upon me particularly to say what they wanted the money for, but they wanted some money; I don't know what to say about the words, they said he was a sodomite,
Q. How long have you been in Mr. Waddington's Family? - Two years. This night I heard a noise at the door, and I came out to see what was the matter, and I saw a soldier standing there. I did not look particularly at him, I heard the woman say that he had been a friend to her husband, says she, give me some money to get my clothes out of pawn.
Q. Did you go before the magistrate? - No, the women were very abusive to Mr. Butts, and said, that he deserved to be pilloried, and called him a great many abusive names.
Q. Did you stay till they all went together? - I did not stop all the time, but I see him go away with the people when they went to the watch-house.
Q. Did Butts say any thing that you recollect? - I don't recollect any thing more than when she said, that he had a right to give her money; he said, he would not give her any; and he told them to go about their business, or else he would fetch proper people to take them.
Prisoner. You never heard me ask for any money? - No, I don't know that I heard you speak a word, only when the women would have gone away, you said they should not go away.
Prisoner. On the 29th of January I was coming from Westminster, and them two women were coming along with me, I was going abroad the next morning, and them two women were going abroad, this Paul Hill lodged along with one of the other women, Margaret Solomons ; this Mr. Butts used to come after this Paul Hill, at his lodgings, and this Margaret Solomon 's said, that this Mr. Butts used to pay for Paul Hill's washing; I have seen him often coming after Paul Hill myself; so she asked if I would stop with her, and she would go along with me, so I was a little the worse for liquor, and it was too late for going to the Tower, so she went to Mr. Butts's there, and rang the bell, and Mr. Butts came to the door himself, and she asked him how he did? and I the same, as I had seen him before several times, coming after that Paul Hill, and she asked him if he would be so kind to pay her some of the money that Paul Hill owed her, he offered her a shilling, she refused it, and then they had words together, then he said that he would not give her any more then that, she might either take it or leave it alone, and he said you must call again, for my mistress is bad to night; so she began scolding and making a piece of noise, and I stopped along with her, and he said he would step and get a constable, so she would not go, I asked her to come away, and Mr. Butts went for a constable, or patrol, and he gave charge of the woman; so I asked him what he was going to do with her? and then he gave charge of me. It was the woman asked him for the money, as he used to pay Paul Hill's debts, she asked him if he would be so kind to pay part of what he owed her, which was eleven shillings.
Court to Prosecutor. You have heard the defence made by this prisoner, and he says with regard to this money, that the woman only asked for some money that was owing by this Hill and nothing more? - The story upon my oath is the same as I have told it.
Q. Did she ask you for any money that you owed Hill? - She asked me for money, but not speaking that I owed Hill any.
Q. Was the prisoner drunk at the time? - I don't think he was perfectly sober.
Q. What did you mean by saying that you did not know her husband? - I meant I did not know that she was the wife of that Hill, I never knew that he had a wife.
Q. To Dunnington. Was your mistress brought to bed that day? - Yes, that morning.
Imprisoned two years in Newgate , and fined 1s .
Tried by the London Jury before Mr. RECORDER.
A second COUNT for having a counterfeit six-pence at the same time about him.
(I he indictment opened by Mr. Knapp, and the case by Mr. Cullen.
ANN MYERS sworn.
I am a servant to Mr. Borton, a cook, No. 72, Fleet-market . On the 29th of April I saw the prisoner at the bar, he cameinto the shop in the evening between five and six o'clock, he came in and asked for a small plate of beef and a slice of bread, and he offered me a six-pence, which I refused, supposing it to be a bad one, I laid it on the table by the side of me; then he gave me another, and I looked at that and found that to be a bad one likewise, which I laid down by the other on the table; he then offered me a shilling, which on looking I supposed that to be a bad one, I laid it down by the two six pences on the table.
Q. After you had placed this shilling on the table which you supposed to be a bad one, what did you next do? - He offered me another shilling, which I tried and found that to be a bad one also, and I laid that down; a neighbour's child was in the house, and I desired her to fetch her mother to look at the money; she came, and the woman was going to give it to the prisoner, but I desired her to give it me till he had paid me; he said he did not think they were bad, he had taken them that morning at a pawnbroker's near London-bridge, that he had pawned his coat there; the man asked me if I was going to give him his money? I told him when he paid me there was his money, he then went outside of the door and returned again in a minute, and asked me if I intended to give him his money? and I told him when he paid me he should have it, he then said it is but two-pence halfpenny, no, says I, it is no more; and he threw down two-pence halfpenny in halfpence, I then returned him his money, the two
Q. What became of that shilling? - The constable has got it, he had it delivered to him about an hour after.
Q. Did you see it delivered to the constable? - No, I did not, I delivered it to a young man, Mr. Pollard a nephew of Mr. Borton's.
Q. Was you at Mr. Borton's shop the 29th of April last? - I was coming by the door and there was a man, I believe, the old gentleman there, was talking to another old gentleman that was selling of oranges, and he was saying, that he was determined that he would make them change the shilling, for he had given them a good shilling, and they had given him a bad one back; I goes in and I asked for a bason of leg of beef, and there was the young girl, and she says, he thinks I have changed the shilling, and I am sure that I have not; says I, who is the man? says she, that is the man. Says I to him, is this your shilling? no, says he, they have changed my shilling. Says I, have you got any more? he shewed me another shilling, and that was a bad one; and then I asked him if he had got any more? he said, he had a six-pence, and that was a bad one; I told him to go along me, I would see him righted, and I took him to Hatton-garden, and when the magistrates sat, they said, that I must take him to the City, and give him up to the first City officer I found; and I met one in Fleet-market, and I gave him the money, and delivered up the prisoner to him, his name is Thomas Fentum .
I produce the two shillings and sixpence that Marsden gave me, I have kept them ever since.
Marsden. This is the shilling, that laid on the table, it was marked before, the young girl had rubbed it on something in the shop.
Myers. I believe it to be the same shilling that Marsden took up from the table.
I am an officer of Hatton Garden, the prisoner was brought there on the 29th of April, and I searched him and I found four six-pence, and one shilling, and one shilling and nine-pence three farthings.
I am employed by the Mint to attend prosecutions in these cases. This shilling is a counterfeit.
Marsden. This is the shilling that was laying on the table.
Parker. The others are counterfeit likewise.
Prisoner's Defence. My lord, I am a poor distressed man, not able to see a counsel nor capable of speaking in my own defence, I never was brought before a court of justice before, and therefore humbly hope that as your Lordship is my judge, that you will also humanely become my advocate. I had three sons, in London, and wishing to live with my children, I came from Ireland about eleven months ago, and found, when I arrived,
(The duplicate read.) Not GUILTY .
I am a wheelwright , I understand someof my deals were found on Mr. King's premises, I was not present when they were found.
I work for Mr. Tomlin, I know there were a great many boards lost, I lost them on the 13th of May, they were taken out from Warren-street, Tottenham-court-road , I found some, which I supposed to be Mr. Tomlin's, that I cannot take my oath of, in Mr. King's yard, he is a carpenter in Tottenham-court-road.
Q. Had he any thing to do with Mr. Tomlin's work? - I am not sure they are my master's, there is a man here that knows, there was a couple of sawyers in his yard, that told me that them deals were not there the night before, and on that morning they found them there.
Mr. Knowlys. It was in the evening that you charged Mr. King with this? - It was so.
Q. Did not you afterwards take him to a public-house? - The clerk of the office told us when we applied for a warrant, that we did not want any warrant at all,
Q. Did not you go afterwards, and tell him that you found there was a mistake, and that you found the deals in Fitzroy-square, and that those were the deals that you lost? - No, no such thing, I deny it.
Q. You went to Bow-street with him that evening? - I did not, I went, but they were gone when I went.
Q. He appeared the next morning to answer this charge? - He did, Mr. Malpas passed his word for him.
Q. He had a large quantity of deals there in his yard, had not he? - There was not a very large quantity.
Q. He gave bail for his appearance here to answer the charge, and here he has come and surendered himself? - Yes, he has.
I work for Mr. Tomlin, I was at work for him the 13th and 14th of May; on the 14th of May I missed a great quantity of deals, I cannot tell you directly how many, I suppose as much as a one horse cart would hold, or more, we found many of them again, we found some in Fitzroy-square, I believe there to be about a one horse load, but there was more lost than that; we got information, and we made search after them, we went away down to Goswell-street, where were some, but I could not swear to what I saw there, we came back again to Mr. Tomlin's, a neighbour said, you have gone too far, and he pointed over to Mr. King's yard, we went there and Mr. Mitchell said, here is, I believe, the plank, and Mitchell turned the plank over and there was my own name on the plank, that I did myself for the doing up of Dadoes, I marked them while I was in Mr. Tomlin's service, I marked them with my own mark; the prisoner would not tell me where he bought them.
Mr. Knowlys. What time did you go Mr. King's premises in the evening? this was after the hours of work that you went there? - It might be between seven and eight for what I know, we had not been at work, we had been doing all in our power to try to trace this out on purpose to save our own credit.
Q. What you was under suspicion, was you? - and therefore, you to prevent the suspicion falling on you, went about to several public houses to look after them? - Perhaps we did not.
Q. Was you sober? - I was as sober as you are now.
Q. Was you quite in your sober senses? - I told you so, so don't ask me no more about it.
Q. When you told Mr. King that you had this suspicion of him, he told you that he bought all this timber of Mr. Nicholson, his timber Merchant? - I don't know who he bought it of; and if you talk to me till to-morrow morning, you will get no more than what I have told you.
Q. Satisfy my question? - I never heard Mr. King mention the word.
Q. He went with you to Bow-street? - He did not go with me, he went with Claxton.
Q. When you came back you gave him leave to go home? - I did not, he was gone when I came.
Q. He came the next morning voluntarily to answer this charge, and there he was admitted to bail; and now he has surrendered himself to take his trial? - He has so, and if he has got any thing to say, let him say it.
I am clerk to Mr. Nicholson, I know the prisoner at the bar perfectly well, he
Q. In consequence of this charge did you go to his yard? - I did not, he came to our counting house and told the misfortune that had taken place, the next day; he has dealt with Mr. Nicholson four or five years to a very considerable amount; he is a person that is concerned in large buildings, and has quantities of deals of all descriptions.
- MALPAS sworn.
I am a victualler, I live within three hundred yards of the prisoner. I went to him in consequence of this charge, he sent for me to a public house in Warren-street, he was then with these men, in their custody, after the men had taken him away, I went to pledge my word he should appear the next morning without going to Bow-street that night. They would not let him go into his house, so much as to put on his coat, they lugged him into the coach like another thief, this other man was along with us, well says I, if you will resign him up to me, I will be answerable for his appearance to-morrow morning at Bow-street, and he took me to his warehouse, there were five large deals.
Q. Had they any mark on them? - Mr. King asked me to look, and I saw none.
Q. Did you see these three men? were they drunk or sober? - The second man, Mitchell, took me out of the parlour into the public house, and said for God's sake let it all drop, for I believe Mr. King is an innocent man, for the deals are found in Fitzroy Square; then says I, Mr. King has a right to take you up, to accuse such a man as that.
Q. What has been the character that Mr. King has borne in the neighbourhood? - Not a better character in England.
I am clerk to a gentleman in the law, Mr. Partridge, in Frith-street. I went home at out half after eight o'clock in the evening, the day that Mr. King was charged; Mr. King's servant came and said, that two or three men had come and taken their master away like a thief, and did not know who they were, and desired me to go over the way to the public house where he was; I went over, and there I found him in custody of these two fellows, and another; and one of these fellows said, that he was very sure that he had no charge against Mr. King. Mitchell said, that he was sorry, and hoped it would all be dropped, however, this fellow Penn, seemed more obstreperous than the other; and he said, if Mr. King would give them all a pot of beer a piece it should all drop. I lodge with him, he is a considerable tradesman.
Q. Did you go to this yard to see these deals? - I did.
Q. Did you examine them all? - I don't know that we examined them all.
I am a carpenter; a servant of the desendant.
Q. Do you know these deals that was challenged by these people? - Yes.
Q. How long had they been in your master's yard before this charge was made against him? - A fortnight to my knowledge.
Q. Are you able to say that, positively on your oath? - I am, they are in the yard now.
Q. Was there any mark as this man has described? - No mark at all.
Court. How do you know that these were the boards that were challenged, either by Mitchell or Penn? - My master shewed them me when I went in the morning.
The prisoner called three more of his journeymen who corroborated Goodlass and eight other witnesses, who gave him a very good character.
Court to Mitchell. You hear what the witnesses have said the other side that you admitted that you had no charge against King, is that so? - I could not swear to the deals, but there is a man that has been examined that told me that the deals were not there the night before, it was Brown.
Brown. They were deals that stood outside of the door, that I spoke of.
Penn. When we found the deals, this man and his master was at work in the yard, Mitchell was the first man that brought the men out of the yard, we took them to a public house adjoining to Mr. King's yard, and Mr. Mitchell gave them a pot of porter, I asked this man, Brown, whether these deals were in Mr. King's yard last night? he said no.
Q. Did he see the deals that you pointed out and fixed upon to be Tomlins? - Yes, he said they were not there when he left off work, and in the morning he found them.
Q. To Brown. Was you in the yard when Penn came there? - Yes.
Q. Did you see him look at any deals particular? - No, I did nor.
Q. Did you hear him say that any deals were his master's? - I never heard him say any thing till we were in the public house.
Q. What deals was it you told him were not in the yard? - They were deals pitched outside of Mr. King's premises, in the Mews, the property of Mr. Hoare, who is a bankrupt, a waste place, adjoining my master's yard.
Penn. When I asked him about this, I asked him about planks, I did not say deals; I asked him whether the planks which laid by the pit side, were there when he left work? he said no; says I, were they there when you came in the morning? he said yes.
Q. You told me at first they were marked with your name? - They were, I had two inches breadth taken off from one side, there were two marks for the two cuts, there was a cross and a P. for my own name on it, it was all in chalk, we never scarcely work with any thing else, without it is red chalk or white.
Q. Do you know how long ago you made these marks? - It might be four or five days, I cannot rightly say for a day.
Q. To Mitchell. Was you present when Brown was asked any questions about the planks or deals? - asked him whether the planks was in the yard the night before, and I rather suppose that his master had been guilty of the crime, and I told him if those deals could be got back again, there would be nothing said about it.
Penn. The two deals that I swear to was taken away in the night.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
373. ELIZABETH HAWKINS was indicted for stealing, on the 24th of May , a linen breakfast cloth, value 1s. a silver tea spoon, value 1s. a stove brush, value 1d. a pair of steel scissars, value 4d. a man's cloth waistcoat; value 4s. a mahogany clothes brush, value 6d. a woman's linen apron, value 1s. a check linen apron, value 9d. a half shawl, value 6d. a flat iron, value 6d. a japan tobacco box, value 2d. a straw basket, value 1d. the goods of James Greenlow , andWILLIAM HAWKINS was indicted for receiving on the 4th of June, the same goods, knowing them to be stolen .
I am blind. I am a horse hair weaver . The articles in the indictment was stolen from me, I keep a house in Old Street-square , this woman came to work for me on Monday, the 3d of February, I have got no wife, but a daughter and servant maid, and boy; she worked with me till yesterday morning; I was up stairs hard at work yesterday, and I said to my daughter, I want my blue waistcoat to go out tomorrow, she began to cry, and said, father it is gone; lost! lost! says I, and I spoke to the prisoner about it, and she began to call me all the blind b-gg-rs, and blind thieves, and said she would blow me up, I knew her voice very well; says I, how is all this, she began again, and abused me very much, says I, if you do not produce the things, it will be worse for you; the prisoner was at work in my shed in my own yard, and she d-n'd me, and my things too, and said she had not got a farthings worth, this abuse was before I took her up; why, says she, if I am a thief, get a constable and take me up, and I sent one of my men for a constable, and they took her up, and they searched her, and found some duplicates at her room, and they found several things, and she had cut up some check; as for him, poor man, I believe he is very innocent.
Prisoner Elizabeth. I never abused him, and as for his silver tea spoon, I never saw any thing of it.
I am the daughter, we missed a great many things, at different times, during the time that she lived with us, she used to work in the shed backwards.
Q. Have any of the things been found? - Yes, this waistcoat we missed, and I accused her with it in the morning, and asked her if she knew any thing about it, about an hour before she was taken up, yesterday morning, she said, she wished she might never see her maker, if she ever see any thing of it at all, my father sent for an officer, and two came and searched her pockets, and found a duplicate, I was present, we went to the pawnbroker's, and there we found a breakfast cloth, and then the officer went and broke her apartment open, and there lay a bit of my father's jackets.
Q. Don't her husband live in that apartment? - Yes, I believe they live together; there was also a coloured apron of mine lay on the bed, and a straw basket, and a stove brush, and a pair of scissars, a strip of my gown, and these two pieces of black silk; this was last Monday.
Prisoner Elizabeth. I am accused wrongfully, I hope the Almighty and you will please to be my judge.
Prisoner William. I know nothing more about its being stolen property, than a baby unborn.
Elizabeth Greenlow. I believe the man to be innocent.
I am a servant, my master asked me about the waistcoat, and I could not find it no where, I went with the officer to the man, and he had got it on, I went up to him, and lifted up his waistcoat, and said, I would take my oath that it was my master's waistcoat; he said he was quite innocent, his wife told him that she had bought it for him; it was taken from him, and he came with the constable and me, it was given to the officer, and he has had it ever since.
Prisoner Elizabeth. The waistcoat was given to me by Miss Betsey.
THOMAS PEARSON sworn.
I have a little table cloth that was pawned with me the 15th of April, by the woman prisoner at the bar, the duplicate taken on her corresponded with it.
Prisoner Elizabeth. I acknowledge I pawned it, and I have committed no other fault, than in pledging that for a shilling.
I have got a duplicate, I got it from the prisoner's pocket, I and my brother officer.
Pearson. That is my ticket.
Gass. I went to her apartment and found a brush, and a pair of scissars, an apron, and a straw basket; I have these articles here, I have kept them ever since.
Prisoner Elizabeth. Your honour, she lent it me to go of an errand, and the apron she gave me to take the stains out, and as for the spoon I never saw it all the whole time that I was in the house; soon after I went to the house she told me that she had lost a tea spoon.
Prisoner William. I am as innocent of it as a baby that is now unborn, as to knowing any thing about its being come by clandestinely.
Court to Mrs. Greenlow. Did you give this woman any thing to pawn? - Never in my life.
Q. Is what she said about these things true? - No.
Imprisoned six months in the House of Correction , and fined 1s.
Tried by the second Middlesex Jury before Mr. RECORDER.
375. ELIZABETH PONTING was indicted for stealing, on the 26th of November , a pair of sheets, value 16s. a patch work coverlid, value 5s. the goods of John May , in a lodging room, let by him to the prisoner .
I am a shoe-maker , my wife let the lodgings, with my approbation, I always intrust my wife to do that, she made the agreement in every respect concerning it.
I am the wife, I let the lodgings the latter end of November.
Q. Where is your house? - No. 5, Manchester-square; she was to pay three shillings a week, the lodgings were ready furnished, she came there Tuesday, and went on Tuesday, she was there eight days and six nights, she went away and took the key of the door with her.
Q. Did she pay her rent? - She did not.
Mr. Knapp informed the court that he was not a counsel for the defendant, but he had looked over the indictment, and he saw it was there laid down to be let by John May to the prisoner.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
JOHN SISTERTON was indicted for feloniously forging, on the 4th of February , a certain order for payment, of money, dated, London, the 4th of February 1794, with the name of Frederick Tuting there to subscribed, purporting to be signed by Frederick Tuting , and to be directed to Thomas Wright, Esq. Nicholas Teuite Selby, Esq. and Henry Robinson, Esq. of the parish of St. Paul's, Covent Garden, bankers, by the name of Thomas Wright , Esq. and Co. for the payment of thirty pounds, to Mr. Webster or bearer, with intention to defraud the said Thomas Wright , Nicholas Tenite Selby , and Henry Robinson .
Indicted in a second COUNT, for uttering the same note with the same intention.
(The indictment was opened by Mr. Knapp, and the case by Mr. Const.)
Q. Do you know the prisoner at the bar? - I do, I am perfectly well acquainted with his person; he came to Messrs. Wrights on the 4th of February, I cannot precisely tell the time.
Q. What past when he came? - As near as I can recollect, I enquired how Mr. Tuting was, supposing Mr. Tuting, at that time, unwell; for I took the prisoner at the bar, to be Mr. Tuting's servant; he made answer, he was better than he was; and I then enquired, how he would wish to receive the thirty pounds?
Q. Did he present a draft to you? - The prisoner at the bar did, I had it then in my hand, in my possession, a draft for thirty pounds. I enquired, how he would chuse to receive the draft? he told me some part in Bank notes, and part in money; I paid him twenty pounds in bank notes, and ten pounds in money; and that is all that passed between us. This is the draft, I have had it in my custody ever since.
Q. Are you able to know the character and hand writing of Mr. Tuting at all? - I do, I believe that not to be Mr. Tuting's writing.
(The draft read by the clerk of the court.)
Henrietta-street, Covent Garden, London, February 4, 1794.
Mr. Alby. I wish to know whether you judge this is or is not the hand writing of Mr. Tuting, in consequence of having seen his hand writing since? - I believe that is not Mr. Tuting's writing, from seeing Mr. Tuting's hand writing, previous to the presenting of it and since.
Jury. At the time you must believe it was, or else you would not have paid the money? - I looked upon the prisoner to be Mr. Tuting's servant, therefore I placed more confidence in him than I otherwise should do.
Q. Had you ever paid any thing to the prisoner before that? - I had.
Q. Was he the prosecutor's servant? - I don't know, I only supposed so by his coming with Mr. Tuting's drafts.
Mr. Const to Dempsey. Is that draft taken up at your house? - It was placed to Mr. Tuting's debt, but now it is placed to his credit.
Mr. Alby to Tuting. You of course expect to be allowed this money that you have been defrauded of in case this man is convicted? - I do of course.
Mr. Alby. In point of fact, if he is convicted you will recover the money without any difficulty? - I have recovered the money, and have a release from the house. This is it.
Mr. Const. Look at that draft, is the name at the bottom of the draft, your hand writing? - No.
Q. Did you at any time give him that draft? - No, I was then at New Market, I went about the middle of January, and continued there till April, about the middle.
Q. During that time did you see the prisoner? - I did not.
Q. What date is that draft? - February 4, 1794.
Mr. Alby to Dempsey. What persons derive any emolument from that house? - Only these three in the indictment.
Q. To Tuting. You have been in habits of intimacy with the prisoner? - I have been very intimate with the prisoner.
Q. You supposed him a very respectable character or else, no doubt, you would not have kept company with him; you permitted him to draw in your name on this Bank. You had so great a reliance on him? - No, I no otherwise authorized him, than by sending him with a draft of mine to receive the money, because I was ill and could not go myself.
Q. Have not you, at one particular period, which I shall be able to point out to you, given the prisoner permission to draw on the Bank? - No, I have not.
Q. Don't you recollect at one of these times that you desired him to draw on he Bank, in your name? - No.
JANE HALL sworn.
I am the mother of the prisoner.
Q. Do you recollect being in company with the prisoner at the bar and prosecutor, at any time, at a house in Chelsea, and when? - I do.
Q. Will you be good enough to repeat what occurred on that occasion? - The prosecutor desired my son to fill up the check, but for what sum I cannot say.
Q. And you are certain he gave this toleration to the prisoner at the bar? - I am certain of it.
Mr. Const. Mrs. Hall, you keep this house, I believe? - I did.
Q. Your son was there frequently as other customers were, in that situation of a person frequenting the house? - Yes.
Q. Do you know what was the reason of Mr. Tuting giving your son free toleration to draw on his banker? - Mr. Tuting not being well, he said, he would thank him to fill up the check, and sign his name on it, as he had been in a counting house in the City he would be better able to do it than himself.
Q. Do you remember when this was? - It was some time in February 1793, I don't know exactly the day.
Court. Do you mean February twelve month, or last February? - Last February.
Mr. Const. Then, I suppose, last February Mr. Tuting lived in Chelsea? - Yes.
Q. Did he continue to live long there? - He lived there all the time I kept the house at Chelsea. I have left it about four months.
Q. Do you recollect exactly when you left it? - I did not leave it on a Quarter Day.
Q. What was the Quarter Day before you quitted the house? - I left it about four months.
Q. Did you leave it at March? - I cannot certainly say to a month.
Court. You say he gave your son liberty to fill up the check, was it to fill up the body or write his name? - He both filled up the check and signed Mr. Tuting's name.
Mr. Alby to Dempsey. You have been speaking of debtor and creditor account with Mr. Tuting, of course you keep an account with Mr. Tuting; will you be good enough to tell me whether you credited this sum in consequence of money that you had in your hands at the time, or in consequence of the general credit of Mr. Tuting? - He had always money in our hands.
Jury to Tuting. How came the prisoner in possession of that check? - I believed I had some checks about where I lodged.
Q. Is it not usual for you to lock up your checks? - They were in my drawer, but not locked up; but I never left any about filled up.
Jury to Dempsey. Is it not usual when you pay the draft to take down the name that you pay it to, and mark the day on the check? - Knowing the prisoner at the bar, I entered this in the name of Tuting.
Q. How long was it after this before he was apprehended? - From the 4th of February to the beginning of April.
GUILTY . Death . (Aged 20.)
Tried by the first Middlesex Jury before Mr. Justice BULLER.
377. THOMAS BOWLER was indicted for burglariously breaking and entering the dwelling house of William Clipson , about the hour of one in the night of the 24th of April , and feloniously stealing therein, a copper tea pot, plated with silver, value 5s. a silver milk ewer, value 2s. a pair of silver tea tongs, value 10s. a silver salt, value 10s. three silver tea spoons, value 3s. a leather pocket book, with a silver lock, value 4s. a silver ear picker, value 1s. a silk cloak value 1l. a silk mode handkerchief, value 1s. eighteen yards of muslin, value 4l. 10s. seven yards of other muslin, value 1l. 10s. eight yards of other muslin, value 1l. 18s. three pieces of cambrick, each piece containing seven yards, value 3l. 10s. twelve yards of black lace, value 12s. two yards and a half of irish, value 4s. fifty yards of black lace, value 5l. four pair of childs cotton stockings, value 8s. ten yards of irish linen cloth, value 10s. a pair of mens leather shoes, value 5s. thirty yards of thread edging, value 1l. 10s. and two cotton gowns, value 10s. the goods of William Clipson .
The case opened by Mr. Const.
I live in Fleet Market , I keep a wine vaults and public house both. My house was broke open on the night of the 24th of April, it was between that and the 25th. I did not go to bed till past twelve o'clock, the clock strock twelve when I went down to see the cellar window was fast, and that was fast; and I locked the cellar door, and all the parts were secure, as far as I know. My wife and I both went to bed together. My family consists of two servant maids, my wife, and four children. Before I went to bed I went down into the cellar, particularly, which I always do every night; to the best of my knowledge the house was all safe. I generally gets up at five o'clock in the morning, just as I was getting up, the man that keeps the tap called out, Mr. Clipson, come down, for God's
Q. Did that box contain any thing else? - Nothing that I can speak to. These things are here.
Q. Did you in the course of your search, find any thing else? - No, I did not, in that room the prisoner was in, and we brought him away with us to the office.
Q. You have no doubt that that night these things were in your house? - I cannot particularly say, my wife can.
Mr. Knowlys. I take it for granted that it was light at the time when you got up? - It was so.
Q. And had been so some time? - It certainly had.
Q. What day of the month was it, and what month was it you found these things in the possession of the prisoner? - Saturday morning, the 26th of April, the very next day.
Q. The commitment is dated I see the 28th of May? - I found the things the 26th of April.
Q. How came the man not to be committed till the 28th of May? - He made some voluntary confession before the justice.
Q. How many examinations did he undergo at the magistrate's, before he was committed? - I cannot tell, I never was there against him but three times, the day he was taken and the next Tuesday, and they sent for me over, just before this sessions, when they bound me over to prosecute him.
Q. You I believe, have been frequently in this court, sometimes as defendant, and sometimes as prosecutor? - I have been as defendant.
Q. You have been here prosecuting for perjury, and sometimes prosecuted for perjury? - Never for perjury, I was tried for murder, by the prosecution of Mr. Jacques, and acquitted.
Q. Was not you a witness on the prosecution of Crosley, the attorney? - Never in my life.
Q. How many times have you been a witness in this court? - The first time was when I was a witness against Mrs. Brownrigg.
Mr. Const. In the first place, with regard to the elapse of time, between the time that that man was taken up, and his commitment, it was in consequence of something that he said he had to impart that might be of public benefit, and no favour to him, that he was not committed? - It was.
Q. You have been in the service of the sheriff of Middlesex? - Yes, and now am an officer of the Sheriff of London.
I produce the things taken out of the box; I took them out of the box, and they have been in my possession ever since I
Clipson. I cannot particularly swear to them, I believe they are mine, my wife can.
MARY CLIPSON sworn.
I am the wife of William Clipson.
Q. Do you remember on the night of the 25th of April, going to bed? Do you remember whether the house was fast? - I saw it all fast.
Q. Do you remember Horsefall calling to you? - I do. When I came down stairs, and I believe I was down about a quarter of a minute before any body else, I found the house in that state that it appeared to be broke open from the cellar, I found two doors that locked away the taphouse, from the wine vaults, broke open, that parts the tap house from our house; our man that keeps the tap house can speak better to the cellar than I can. The middle street door was open likewise.
Q. In what situation was the shop? - There were a great number of things laying about, my childrens clothes, and three large new pair of sheets, I saw some of the things on Saturday, at the justice's office, in Hatton-garden, a small piece of muslin, and a piece of irish; this is the muslin, and this is the irish.
Q. Will you take on yourself to say that is your property? - I will, I had seen it on Thursday, in the course of the day.
Jury. Is there any mark on it? - Here is a mark that I cut out some gussets for sleeves from it.
Court. That might have happened to other pieces of cloth? - It might, but I firmly believe it is mine, the muslin I have some frocks that will match, except that they have been washed, and there is the same quantity as was left to make a younger child one, and it corresponds with the quality.
Mr. Knowlys. Then there is no mark whatever on the muslin, and these childrens frocks of your's will not match with it, because they have been washed? - I can bring them if you require them.
Q. That linen has no mark on it, except that soute person has cut out such a piece from it, as may be cut out by any person that is making shirts. Will you swear positively to that piece, when a man's life is at a stake? - I believe it to be mine.
Q. But you will not take on yourself to be positive; it is a common way in which a person would cut out gussets? - I don't know how any other person would cut it.
Q. Is it any extraordinary size to cut out for gussets? - It is the size that I wanted it.
Q. If this man is convicted there is a reward? - Very possible there may, I never enquired, I don't wish to get money in that way.
Q. Your husband has been familiar with courts of justice? - He has been.
Q. Are you married? - I am.
Q. Do you mean to say that you don't know there is a reward of forty pounds? - I have heard it, but I don't want any forty pounds; I could not have lived these years in the world, and not have heard of it.
Q. Before you married Mr. Clipson, where did you live? - In St. Martin's-lane.
Q. Did not you live in Drury-lane? - Yes.
Q. The neighbours were unkind enough to say that it was a bad house I believe? Did not they call it a baudy house? - I really don't know.
Q. Have you never heard them reproach you with keeping a baudy house? - No, never.
Q. Nor have you never been charged with keeping a baudy house? - No, ne-
Q. How many lodged in your house? - I really don't know, I have three in my house now.
Q. Have you never been charged with keeping a baudy house? - I don't know that I have a right to answer all your questions, and I shall appeal to my Lord.
Court. You have no right to answer any questions that accuse yourself of any crime; and whatever you might have been you may be an honest woman now.
I keep the tap, adjoining to Mr. Clipson's house. On the 25th of April, about five, or a little after, in opening the bar window, turning my head about to see Mr. Clipson's apartment, I saw all the doors open, Mr. Clipson's passage door open, and bar open, and a number of things about the place, I immediately goes to the stairs and called out Mr. Clipson, you are robbed; the outer door was broke open, and the inner doors in the passage. Mr. and Mrs. Clipson came down, and in searching I found my cellar door broke open, and the lines belonging to the bells were cut, that the bells might not ring, and the ventilator tore out of the window of the tap room.
I know no more that I went with my brother officer to the prisoner's lodgings, and saw the things found, Mr. Clipson believed they were his, but Mrs. Clipson swore to them at the office.
Court. Did you make an accurate search in the prisoner's house, or apartment? - Yes, all over the room in which he lived.
Q. Were there any other articles found in possession of the prisoner, of those that are mentioned in the indictment? - We did not find any thing else, but these things that Mr. Clipson swore to.
Mr. Knowlys. Bevan, I don't know what office you belong to? - To Hatton-garden.
Q. No doubt you did your duty with as much deligence as you could effect, and you could find only these two things? - No more.
REBICCA PIKE sworn.
I know the prisoner and his wife, and have known them a great while, he is a hackney coachman, I never knew him to be any thing else; I get my bread by working at my needle, some time ago his wife asked me if I could make some shirts for her little boy, and afterwards she told me she should not breech her child this Easter, therefore she would have the shirting made up for her husband, this was I me time before this man was taken up for this charge. I went to her for the cloth.
Mr. Const. Where do you live? - In Gray's-inn-lane, No. 11.
Q. As the shirt is not made up, and you have got all the parts, be to good to shew what you cut out? - One piece is put on the shirt.
Court. Do you think that is the same linen? - I really believe that to be the same linen.
Q. After you cut out the shirts did you return the remainder to the prisoner's wife? - I left it there, I have had the cloth I cut out ever since, I cut two out, I made one shirt, and gave it them the week before Easter.
Not GUILTY .
Tried by the London Jury before Mr. Baron PERRYN.
Frederick Tuting , therein subscribed, purported to be signed by Frederick Tuting , and directed to Thomas Wright , Esq. and Co. Bankers and partners, for the payment of the sum of thirty pounds, to Mr. Hall or bearer, with intention to defraud the said Thomas Wright, Esq. and Co .
A second COUNT, for uttering the same, with the like intention.
On the 28th of March, a man came to me, of the name of Thomas, a little after nine o'clock, he presented a draft for thirty pounds, signed Frederick Tuting, I observed there was a little alteration in the draft, the which I took notice of, I says, March seems to have been scratched out and wrote over again? he told me if I disputed his being a proper person, I might step over to the Brown Bear in Bow-street, I thinking to pay the money to Mr. Tuting himself, put the note into my pocket, and stepped over to the Brown Bear , and found the prisoner at the bar, he was then in a state of inebriety, and in custody; I told him he had better send to Mr. Tuting, to get himself released, for he was in custody, and to tell Mr. Tuting to call on us at our house, or himself when he was sober, and I should pay the money, he promised he would, and he immediately proposed sending Thomas to Mr. Tuting; I went home. Finding neither the prisoner nor Mr. Tuting to call for two or three days, I enquired what became of the prisoner, we sent to Mr. Tuting to Chelsea, and could not find him there, we wrote to Newmarket to Mr. Tuting, he answered the next morning and came I believe the second or third day. That is the letter we sent.
Q. Had you any conversation with the prisoner about the draft when you went to him? - I did not suppose at that time that it was wrong; I withheld the money from him then, from his then state supposing he would make a bad use of it, my suspicion arose afterwards from his not coming in two or three days.
I am an officer belonging to Bow-street, I was at the Brown Bear , the prisoner was in custody for damaging the lining of a coach, he had no money to settle the matter with the coachman, he applied to me to go to a banker's to change a thirty pounds check; at first I refused but at last he applied to me so repeatedly that I said, dear sir, let me look at it, so I saw the name very plain at the door, and I went in and presented the note to this gentleman for cash, he said, there was some alteration, on which I asked if he would be kind enough to go with me to the person who gave it me; I went with him and shewed him the prisoner, as the person who I had it of; I went a little after to settle the business, says this gentleman here, I think he is too drunk to take the money for he may make bad use of it; and the prisoner at the bar, he applied to me to go to Chelsea and desire him to be kind enough to step over to him, I at first said it was out of my power, but however I did go, the constable intreated with me and I went; I went to Mr. Tuting's and did not find him, he had been gone upwards of two months; Mrs. Hall told me so, that keeps the house.(The bill read by the clerk of the court.)
I. S. 428. Messrs. Wright, Esq. and Co. pay to Mr. Hall on bearer, the sum of thirty pounds.
£30 0 0.
GUILTY . Death . (Aged 20.)
Tried by the first Middlesex Jury before Mr. Justice BULLER.
The case opened by Mr. Bailey.
MANOAH SIBLY sworn.
Q. Do you know any thing of Mr. Innis the prisoner? - Yes.
Q. Now look at the other signature to that will, the name of Thomas Gardiner ? - There was an elderly man wrote the name of Thomas Gardiner , after I wrote mine in the Briggate Glasgow, twelve years ago.
I saw John Borthwick sworn on the trial of John Innis.
I am one of the interogatory court.
Q. You produced a will on the trial of John Innis ? - I did, I have got that will now; it was shewn to John Borthwick on the trial of John Innis , and it was shewn him at Bow-street, and at the trial in the King's Bench in the year 1793.
Q. When did you write in? - About the latter end of the year 1792.
Q. You have seen it several times since? - I have, it was brought to me in my business as a schoolmaster, by a person of the name of Thomas Bothwick, not this man.
Q. Did you write this from his dictating, or from a copy of a paper? - From a copy.
Q. The name Andrew Bowman, John Wood, and Thomas Gardiner, are not your hand writing? - They are not, the whole is my hand writing besides.
Mr. Alby. You say you are a school-master? - Yes.
Q. How long have you been one? - Five years.
Q. In the course of your prosession when you are not occupied in your leisure times, you are frequently occupied in writing wills? - Not a great many wills, I have a very good school.
Q. You swear that you wrote this in the year 1792? - Yes.
Q. You did not know the prisoner at the bar when you saw him afterwards, I believe when you was brought to Bow-street you saw somebody? - I was very well convinced of the person that brought it to me.
Q. What part of the year 1792? - At the latter end, I will not be exact to a month, as near as I can charge my mind, it was about November.
Court. The paper was brought you to copy? Do you recollect whether there were any names to that paper that was brought to you to copy? - I cannot recollect at this distance of time.
Q. If a paper was brought to you to copy, and there were names to it, is it your habit to add the names if the copy was without? - No, most certainly not.
I live in Castle-lane, I am a rope maker, and pack thread maker.
Q. Do you know the last witness? - I have known him a dozen years.
Mr. Alby. Have you had any dealings with the last witness? - Mr. Garratt has written backwards and forwards to me, and I know before I open the letters, who they came from.
Q. Have you ever seen him write any of these letters? - Yes, he has wrote a deal for me, I have seen him write a thousand times almost.
I am an attorney at law, I was attending the cause at Westminster, in a cause of Innis, against the trustees of the assurance office; the man at the bar was called as a witness, he was called by Innis, the plantiss in that suit, by the name of John Wood, John Wood was called for, this man came into court, and said, that he was sent to say his name was John Wood , but his name was John Borthwick , by which name he had come to me previous to the trial.
Q. Was he afterwards sworn as a witness on that occasion? - He was.
Q. What did he say? - He said that the will produced in court, was written in the Maze Pond, in the Borough, in 1792 I think he said, and that he wrote the name, John Wood, by the persuation of his uncle, Mr. Innis.
Q. When you mention John Innis , do you mean that same man that was tried here, and convicted? - The same man.
Q. Did you attend at Bow-street? - Yes, I was at Bow-street; this man was examined there.
I am an officer of Bow-street, the first clerk there, I do not recollect the day of Innis's examination there, but I recollect the circumstance perfectly well; I took down the examination, it is returned to this court. (Shewn the examination) this is my writing, and I see the prisoner write his name to it, after it was read to him.
Q. Was the prisoner sworn? - He was.
Q. Mr. Addington was the justice before whom it was taken? - He was.
Q. Is it your own hand writing? - It is.
The examination read.
Transported for seven years .
Tried by the London Jury before Mr. Justice BULLER.
(The record of the conviction of Innis, read by the clerk of the court.)
MANOAH SIBLY sworn.
(A will shewn him) This is not the paper that I brought from the schoolmaster.
ROBERT HARRISON sworn.
I was present in court when this prisoner at the bar was examined as a witness.
Q. Was that will shewn to him? - It was.
Q. Did the prisoner at the bar attend at Bow-street? - Yes.
Q. Did you make any more than one copy? - No more than one copy.
Q. Do you know the prisoner at the bar, Thomas Borthwick? - That is the person that brought me the will, and I delivered the will to him again.
Q. Did you ever deliver him any other papers of any sort? - Never.
Mr. Alby. Have you always been as positive as you are now, that the prisoner at the bar, is the man? - Always.
Q. Did not you swear at Bow-street, that you was not positive? - I did not.
Q. Who directed you to find out the house? - The prisoner.
Q. You went by his direction to find out Garratt? - Certainly.
Q. Did he say any thing in the course of your going with him there about this will? - He said he himself carried it to Garratt's, for to have it copied.
Q. Was that will produced and shewn to him at Bow-street? - I was not on the spot; I cannot say that. When we got to Garratt's. the prisoner immediately pointed out Garratt as the man that wrote the will, and Garratt said, this is the man that I did it for.
Mr. Alby. You went to two or three houses before you went to the house where this school master lived? - We knocked at two or three doors.
Q. The prisoner at the bar could not take you to the house, as you was at a difficulty in discovering it? - He had forgot the spot, that was the true statement of it; I did not know the spot, I enquired with him, after some degree of difficulty there we found him.
Q. In your examination you said you took the prisoner, and not he took you? - As to my taking him or his taking me, we both rid in a coach together.
ROBERT HARRISON sworn.
Q. Was this will produced at Westminster? - It was.
EDWARD LAVENDER sworn.
Q. When Innis was under examination at Bow-street, was the prisoner at the bar there? - He was.
Q. Was the will produced to him at that time? - It was by Mr. Harrison.
The information read by the clerk of the Court.
Transported for seven years .
Tried by the London Jury before Justice BULLER.
382. JAMES RAYNE was indicted for feloniously making an assault on Francis Buller Yard , Esq. on the 20th of May , putting him in fear, and feloniously taking from his person and against his will, nineteen guineas and one shilling, his money ; and
The indictment opened by Mr. - and the case by Mr. Garrow.
Q. Do you know the prisoners at the bar? - Yes.
Q. Have you seen them before? - Yes, I have both.
Q. Do you remember on Monday the 12th of May, seeing either of the prisoners? - I do.
Q. Where did you see him? - In Park-lane.
Q. Which way was you going at that time? - I was returning home to Hertford-street, in Piccadilly; I was walking up Park-lane towards my own house.
Q. What did the prisoner say to you? - He told me he was in great distress, and said he should be obliged to me for some money.
Q. I believe there is no communication between Park-lane and Hertford-street? - It is railed at the bottom.
Q. Did he say any thing further? - He muttered something, but I don't know what.
Q. How far did he advance with you? - To the top of Park-lane; I turned off at the top to go to my own house.
Q. Did you see him again at any subsequent time? - I see him again on the Tuesday.
Q. What time of the day was it you saw him on Monday? - To the best of my recollection it was between one and two, or somewhere thereabouts, about two o'clock.
Q. You say you saw him again on Tuesday? - Yes, I did.
Q. What time on Tuesday? - About the same time to the best of my recollection.
Q. Where did you see him on Tuesday? - Nearly in the same place.
Q. What did he say to you then? - He then asked me for money.
Q. What did you say? - I then said I should not give him any.
Q. What did he say to that? - His answer was, you shall be the worse for it.
Q. Nothing more passed I believe? - No.
Q. When did you see him again? - On Friday morning the 23d, I saw him as I was crossing Park-lane, I was going to the stables, my stables are in Upper Bryanston-street, so I am obliged to cross Oxford-road; I see this man then at the corner of Park-lane again.
Q. What did he say then? - He then was extremely impertinent; he talked of my having used indecencies with him in the Park, and that somebody had seen me do it.
Q. What did you say to him then? - I told him I did not know what he meant, he walked off, and I past on.
Q. On Saturday the 24th the next day, did you receive any letter? - Yes, I did.
Q. Have you got with you the letter that you received? - Yes, I have.
Q. Have you got the cover in which it was inclosed? - Unfortunately I have lost it.
Q. I would only ask you one thing which this letter gives rise to, it speaks of some gentleman who was to be known by his walk; have you the misfortune to be lame at all? - Yes, I am.
Q. This letter which you received in a blank cover, is directed, Mr. James Rayne, at the Bull and Sun, opposite Poland-street, Oxford-street; and signed by the name of Gough? - Yes.
Q. Did you in consequence of this letter so directed, send any note to Mr. Rayne with this direction? - I did.
Q. What was the purport of it? - Meet me at twelve o'clock to-morrow, at or near Grosvenor-gate. I wrote that note on Sunday the 25th.
Q. On Monday the 26th did you go to Grosvenor-gate? - I did.
Q. Did you see the prisoner Rayne? - I did.
Q. Did you then mention to him your having received this letter? - He accosted me, made a sort of a bow.
Q. What did he say to you? - He then said if I did not give him money, he had it in his power to prove that I had
Q. What did you say to that? - I was very much struck with the charge.
Q. Did any other person come up then? - Yes, a third person then came up.
Q. Was that the prisoner at the bar? - Yes, it was.
Q. What did he say? - He said that he had seen me use indecencies to Rayne in the Park.
Q. When did he say that he had seen this? - To the best of my recollection he said that it happened on Tuesday the 20th.
Q. Did he say any thing further? - Yes; on my observing it was a very horrid charge; he then said that I had great interest with the present government, and that he should be glad of a place either in the Customs or in the Excise, where clerks were employed; I said, to the best of my recollection, that I would apply for him; on which Watkins wished me a good morning; Rayne then said, as I had given that man a certainty, or I had done something for that man, he would have a certainty also; I said, he should; this happened on Monday. On Tuesday the following day, I see Rayne again, near Tyburn Turnpike, between twelve and one; he then said, that he had considered what he would have; I asked him what? he said that he would have twenty pounds in cash, and that he would have a bond for security for fifty pounds annually. I said I could not do it then; but that if he would wait till Thursday I would bring him the money and the bond.
Q. What said he to that? - He was perfectly satisfied.
Q. On Thursday the 20th of May, did you see him again? - I did at the same place, Rayne was alone then.
Q. What past then? - I offered him twenty pounds, but not the bond; he expressed himself much dissatisfied, and would not take the twenty pounds, he would have the bond.
Q. In consequence of that you went home for the bond? - I did.
Q. Then you see him again, I suppose? - He waited.
Q. This was very near your house? - close by.
Q. Then you brought him the twenty pounds and bond? - I did.
Q. How did you give him the twenty pounds? - In nineteen guineas and a shilling.
Q. Did you give him the bond likewise? - I did.
Q. What said he to that? - He wished me a good morning, and said that he would give me no further trouble, to the best of my recollection.
Q. Be so good as to produce that letter-but before I ask you about this letter; on this Thursday when you saw this prisoner Rayne, was any thing said about the first letter? - Yes, he asked for it back.
Q. Did you give it him back? - No, I did not; but he expressed himself anxious to know what I had done with the first letter.
Q. What did you say to him? - To the best of my recollection I told him I had destroyed it.
Q. And that was the only letter you had received at that time? - It was.
Q. Pray, sir, another thing; you wrote to him, directed, James Rayne, at the Bull and Sun, Oxford-street, opposite Poland-street. Had you ever seen Rayne before Monday the 19th? - No, never in my life, to the best of my knowledge.
Q. Had you any means of knowing how to direct that note that you sent to Rayne, except from that letter that was sent by Gough to him? - Certainly not! How should I?
Q. Now about that first letter, he, on Thursday, expressed a solicitude to know what you had done with it? - He did.
Court. You received the letter from Watkins on the same day as you received the second letter from Rayne? - Yes.
Q. Which was the evening of the day on which you gave him the twenty pounds, and fifty pounds bond? - Yes, on Thursday evening.
Q. You attended the magistrate, at Bow-street when Watkins was under examination? - I did.
(The first letter received from Rayne produced.)
Q. Was this letter shewn to him, and did he say whether he had written it or not? - The first time it was shewn to him he denied it, but the second time he acknowledged it was his writing; he said it was written at his master's house, in Albermarle-street.
The letter read by the clerk.
"Westminster, Monday morning eleven o'clock.
Friend Rayne, I have called three times at your lodgings; and you have not been at home; my brother-in-law tells me that you called and borrowed eight guineas of us; which that you are welcome to the use of; but I have a great piece of business to challenge you in; that is, that I saw a gentleman in the Park, arm in arm with you; and I can almost swear it was you; I could swear to him by his walk; and once seeing his face, I see him pull out his privates, and take hold of you. Friend Rayne, don't secret the business from me, as I am partly sure it was you: find out his name and where he lives, and I will make him quit the Kingdom, or give you an handsome settlement for life. There is another young man that saw the same, whose name I don't know; but, I believe, he knows me. Fail not of coming. Your's, William Gough ."
Second letter read, received from Rayne.
"God forbid that ever I should do an unjust thing to injure you, without first acquainting you of it. After we parted this day, to clear the business, at Westminster; greatly to my astonishment, I found Mr. Gough at home, who knows the whole of this transaction; he began with me in a most astonishing manner; he told me, that he had been yesterday with the young man, which he found out; and he told me that he had offered him fifty pounds to discover who you are; but he says that nothing can be done without I will swear myself. Believe me, he declares he will give me a hundred a year; I told him I knew nothing of the business, I was not there. He would not let me come away without signing my name to a bond, to be there to-morrow morning, one o'clock, as he is determined to put me to my oath, in the presence of a justice, whom he hath appointed to be there, to declare whether I was the person or no; and he says, if IJames Rayne ."
Watkin's letter read of the same day.
"Albermarle-street, May 29, 1794. I am rather surprised at not hearing from you since Monday last, as you premised to write the next day. The other person whom I mentioned to you, has called on me several times; he is a man of very considerable property, and lives in Westminster. After I left you on Monday he called and offered me a very considerable sum, if I would discover your name and address; I told him I knew not where you lived nor your name. He called again yesterday morning, and likewise offered to settle fifty guineas a year for my life, if I could find you out. I therefore expect you to settle something handsome on me for my life; I shall leave the sum to your honour, as I have so much respect for your family. I therefore mean to quit my place and go into the country for some time, to get rid of the abovementioned person. Fail not of answering this to night, as the person calls to morrow, to know whether I will accept of his offer; you will please to mention in your answer when and where I am to meet you, to settle the business; and let me know what you mean to settle on me for life, on a bond of security. You likewise promised to get me a place at some office; there are several places vacant; these are the places vacant, a deputy King land waiter, a house and window surveyors, &c. &c. &c. I shall expect your answer to night, to know your determination. I am your sincere humble servant, David Watkins.
Albermarle-street, No.24, Thursday morning, nine o'clock."
Mr. Knapp to Prosecutor. I would ask you first of all whether, during the time or any of the times that any conversation passed between you and either of the prisoners, you was under any apprehension from fear to your person or injury to your character? - At first I was, certainly; but the answer I gave the magistrate was, that at the time I gave the money, I did not apprehend any thing, either for my character or person; I said I gave the bond and money under the idea of substantiating the fact, of his having extorted money on this charge.
Q. So then we have got to this, that you was not under any apprehension of any violence to your person, nor injury to your character; but that you meant it for the purpose of entrapping them? - I did.
Q. Then the parting with your money and the parting with the bond to Rayne, was perfect voluntarily on your part? - I cannot call it voluntary.
Mr. Garrow. The charge being above made, it occurred to you that it was necessary for you to go to the length of parting with your money and bond, in order to fix the crime? - It was so.
Q. You say that at first you was alarmed, but that at the time of giving the money you was not.
Q. Should you have parted with either your bond or money, if these various applications had not been made? - Why?
Q. You ask me very naturally, why? Had you any the smallest connections with the persons whom you parted with it to? - I had not.
Mr. Knapp here stated an objection that the parting with the money, under these circumstances, could not amount to a violent or felonious taking it, puting the person in fear, and taking it against his will: which was answered by the counsel for the prosecution.
Court. I look on this to be a transaction that commenced on Monday the 18th, and was not compleated till the bond and nineteen guineas were taken; but all the circumstances must be taken into the consideration. We will go on with the trial, and I will save the point, for the consideration of all the judges.
I am a distiller, in Tothill-street, Westminster; I know the prisoner at the bar, James Rayne , I have been acquainted with him two or three years; I understood that he was brought up in the pen making line; I never knew where he lived in service.
Q. What was the nature of your acquaintance with him? - He came up from Gloucester, I came from Gloucester myself; when he came he brought a letter to me, from a friend of mine.
Q. Did you go to him in consequence of them? - I did not. The effect of them was to desire me to come to him.
The letter read.
Q. Look at that letter. (the first letter sent to Mr. Yard under cover shewn him) Is that your hand writing? - It is not.
Q. Do you know any thing of the contents of that letter? - No.
Q. You don't live in Chancery-lane, do you? - No.
Q. Did the prisoner at the bar know where you lived? - Yes.
I am one of the officers of Bow-street.
Q. Did you go to any place in consequence of any direction from the prisoner? - I did.
Q. To what place? - I went to his lodgings, the Bell and Sun, in Oxford-road.
Q. Did you find any thing there? - I did, in a trunk.
Q. Did you get the key of Rayne? - I did.
Q. Did the key open that trunk? - It did.
Q. Tell us what you found in that trunk? - I found this pocket book; I found this bond there, and eighteen guineas, and two half guineas in another pocket book.
Mr. Knapp. I believe you found some letters? - I have so.
Q. How many in the whole? - I have not looked at them.
Q. You don't know what these letters are? - I do not; there they are pinned together as when I found them first. The first letter is meet me to-morrow, at twelve o'clock, at Grosvenor Gate, &c. the second is-Let me see you to-morrow, at twelve o'clock, near the Turnpike, &c.
Prosecutor. (Shewn the bond) This is the bond I gave him; I filled it up myself, all of it; it is witnessed by one of my servants, who is here.
CHARLES ABBOTT sworn.
I live at present with a gentleman in the Temple; I am a pleader, not called to the bar. I first became acquainted with Mr. Yard in the year eighty five; I went to France with him for about a couple of months in the summer of eighty five; we were students at Oxford together; we were of the same college for about three years afterwards, as long as Mr. Yard stayed at the University, I was in the situation of a private tutor to Mr. Yard; we left the University nearly about the same time, and came to town.
Q. Have you continued in a state of Intimacy with him from that time? - I have; I am as often at his house as the difference of our situations and engagements will allow.
Q. I believe, on Friday you assisted in discovering and apprehending these people? - I did.
Q. Where did you apprehend them? - Rayne was apprehended in Oxford street, coming down the street. Mr. Yard, and I, and Grant, went from Bow street together, thinking it probable that we should find Rayne some where about Park-lane, come home from or going towards his dinner. Mr. Yard got out of the coach, meaning to go a different way; and I and Grant endeavoured to follow him different ways; as soon as he got out of the coach he returned again to me and said, the man is coming down Oxford-street; I then got out of the coach, and Mr. Yard and I walked arm in arm to meet him, leaving the constable in the coach; when Mr. Yard met him Mr. Yard looked him full in the face; and he touched his hat to Mr. Yard; I then put my hand on his shoulder, and told him he was a prisoner, and the constable took him to Bow-street. I did not see the other prisoner till late at night; Rayne was examined that evening, at Bow-street, before Watkins was taken into custody; on his examination, the subject to which I directed my attention, was, the account which the prisoner would give of William Gough ; on the name of William Gough being first mentioned to him, he said there was a William Gough at Westminster, he then, as if correcting himself, said, but that is not the writer of the letter, he was several times pressed to give an account of the writer of that letter, he always endeavoured to evade the question as much as possible, by talking of some other matter, he said, however at one time, that the William Gough had been a cheesemonger in the Borough; he said at another, that he then lived in Chancery-lane, but he did not know his number; he afterwards said he did not know where Mr. Gough lived; he Rayne, afterwards spoke of having visited, him, Gough the day before.
Q. Did he say where? - I don't recollect that he said where.
Q. Pray do you know whether there is any person of that name in Chancery-lane? - I don't know that. I was present also at the second examination, this passed at the first examination, when Rayne was only in custody, and Watkins was not taken.
Q. At this second examination did he say any thing further about Gough? - When he was dismissed at the first examination, they enjoined him strictly for his own sake, to produce the writer of the letter, signed William Gough, at his second examination, which was to be on the Tuesday following; on Tuesday following he was again examined at Bow-street, he and Watkins together, he was interrogated as to Gough, on that occasion, he said, that he had never seen Gough till Monday the 10th, till the Monday on which he saw Mr. Yard; there never was any dispute about the day, he said that Gough had then introduced himselfWilliam Gough , that he, Rayne said, in reply to this, I know a William Gough that lives in Westminster, and that the supposed person said, I also live in Westminster, that Rayne then said it may be, but I don't know you.
Q. Did he give any further account of this William Gough ? - I don't recollect; he never produced this William Gough in his defence before the magistrate; he afferted that it was on Monday, the 19th of May, at twelve o'clock or thereabouts, in the morning, at noon, as he was returning from the house of Sir Lucas Pepy's, as he was returning from seeking after a place, and that he, Rayne, met with Mr. Yard, that Mr. Yard told him he would get him a better situation then a gentleman's servant, that they walked into Hyde Park together, and that under a tree in the Park, when many gentlemen were riding about, Mr. Yard behaved improper to him, Rayne.
Court. Did he mention the particular part of the Park, a public part or a private part? - I don't know that he said the particular part; he afterwards corrected the word many gentleman, and said, there was only one gentleman riding by at the time.
Court. I does not at all appear necessary to examine any witnesses to the character of Mr. Yard, it had never been impeached, why should we endeavour to suppose it?
Prisoner Rayne. On Monday, the 19th of May, about eleven or twelve o'clock, I was at my lodgings, and a young man, an acquaintance, called to see me, I was going to seek after a place, I asked him if he would go with me, to Sir Lucas Pepy 's, and if he knew any thing of the family; accordingly he went with me, and staid at Grosvenor Gate, while I went to Sir Lucas Pepy's, when I came he was gone out, I came back again, and the young man waited for me at Grosvenor Gate, as I was coming towards the Gate, that gentleman there came and put his arm into my arm, and walked with me to a large row of trees and behaved very indecent with me, and I confessed the very same also in writing, before justice Bond. He then gave me half a guinea to buy a dinner, he told me he would procure a better situation, than that of a gentleman's servant, and that if I would meet him the next day at twelve o'clock, be certainly would give me the situation that he spoke of; with that I met him the next day, and he told me to give him my address, he told me that if he heard of a situation to suit me, he would come to me the next day, and if he did not, he would send to let me know; afterwards he was at the drawing room I was passing, and could not go by for the crowd, and heard the gentleman's carriage called out for, not knowing that gentleman was the same by the name, till he came and stepped into the coach, on which I wrote to him, to acquaint him of this man's meeting me in the Park, this man was waiting for me, and when I came up to him, he said do you know who that was that was with you in the Park? I said I did not, he said I was very much to blame, for what I had suffered him to do, he then left me, to my appearance, I did not observe him coming to me behind, and I went home to my lodgings, when this person calls and tells me that his name was William Gough , and he would make me find out who that young man is that was with me in the Park; there were two or three persons riding by on horseback, that see as well as he; when that gentleman, Mr. Yard, and I parted, he says, here is people coming, I choose to go about my business, depend upon itLucas Pepys had engaged me, Mr. Buller begged of me not to go, for the situation that he would provide for me should be much better than that; on that I goes to Sir Lucas Pepy's, and told him I could not come on the Tuesday, and on Tuesday I did not go, but wrote a letter to him that I was engaged, and was sorry I could not come, owing to some friends being bad, down in the West of England; I was to have gone four days before I was taken up, but that gentleman prevailed on me not to go, when he gave me the bond, he told me he had not written the twenty pounds in the bond. While my character has been very good, if I wanted money Mr. Gough would have lent it me, if I had wanted it; and I had plenty of clothes; is it likely that I would meet him at twelve in open day, if there had been nothing in it, why did he not have me secured? and not write letters to me from day to day. I have got that witness that was up with me at the time that I went after Sir Lucas Pepy 's place, when that gentleman came up and spoke to me; and he was in the Park when that gentleman behaved so indecent to me.
Prisoner Watkins. I leave it to my counsel and King.
Q. Do you know the prisoner Rayne? - I have had a slight knowledge of him for about three years, at his mother's, at Gloucester; she keeps a public house. I was returning from Hammersmith, on the 19th of May, about two o'clock, as near as I can remember; as I was coming through Hyde Park, I saw the prisoner James Rayne, and a gentleman rather of a low statute, in a dark coloured coat; it was as I was returning across Hyde Park, in that walk that leads down to Grosvenor Gate, a considerable way; they were both of them conversing together, under a tree, which joined on to the road almost. I did not know Rayne at the first sight, but as I drew nearer the gentleman in the black coat left Rayne and walked a few yards out of the road; when I came opposite I nodded to Rayne, and he did to me the same; but he appeared very much confused; the other gentleman's face I could not see, his back was towards me at the time I past him. That was all I knew of the transaction.
Q. Did you see him at any future time? - I met Rayne in High Holborn; I never saw the gentleman after, and if I had, I should not have known him.
Mr. Garrow. What are you by business? - I write for my business.
Q. Who did you write for lately? - I have not had employ lately.
Q. Who did you write for last? - I have kept a shop of late.
Q. Where? - No. 18, Gray's Inn-lane.
Q. How lately? - As lately as last February.
Q. What sort of a shop? - A broker's.
Q. Who was your landlord? - He is a hair dresser.
Q. Where does he live? - He lives now in the house, and did all the time that I was there.
Q. How long did you live there? - Near a quarter.
Q. And don't know his name? - His name was Cutler.
Q. What have you been doing since? - In lodgings since.
Q. Where? - No. 37, Cnancery-lane.
Q. What is your landlord's name? - His name is Burn, he keeps the Bunch of Grapes there.
Q. How long have you lodged there? - Ever since I left the other place, which, I think, was the 24th of last March.
Q. That is very much the neighbourhood of writing. Who did you ever write for in London in your life? - For a person of the name of Mason, No. 141, Cneapside.
Q. What was he? - Keeps a hosier's shop, I think.
Q. You think? - He sold stockings, I am sure of that.
Q. When did you write for him? - I cannot recellect exactly.
Q. About how long ago? - Some years ago.
Q. How did you support yourself in the last year before you became a broker? - I will produce you the letters in which I had remittances, and I had freehold estates.
Q. Where? - I had one in Bristol.
Q. Where else? Look at these honest gentlemen. - I had a freehold at Lancashire.
Q. Who did you sell your Bristol estate to? - I cannot recollect.
Q. When did you sell it? - In the year eighty six.
Q. When did you sell your Lancashire estate? - It dropped partly of course.
Q. How? - It was on life lease.
Q. Do try; recollect to whom you sold your Bristol estate to? - One was to a woman.
Q. Who was your tenant? - I was in possession of it so short a time, that I never received but four pounds rent for it.
Q. Can you recollect the name of the tenant? - No.
Q. How long have you been acquainted with the prisoner Rayne? - About three years.
Q. Where was you first acquainted? - He was at his mother's house, in Gloucester.
Q. Did you know him any where else? - Yes; I saw him last February, at No. 11 Fleet-lane, he lodged there at a sadler's.
Q. How long did he lodge in Fleet-lane? - I cannot tell.
Q. Did you visit him there? - I used to be with the man that kept the house,
Q. Can you tell me any one place that Mr. Rayne ever was in, since you knew him? - He might have been in fifty places for all I know; but I had never seen him since I saw him at his mother's house, in Gloucester, till I saw him in Fleet-lane.
Q. And never see him since, till you see him in the Park? - O, yes; I met him frequently in the Park; I have heard him himself say, that he used to live with Lady Aberdeen.
Q. Pray what time of the day was it you saw him in the Park? - Near two o'clock, as near as I can say.
Q. Are you quite certain it was not on a Sunday, instead of Monday? - I am sure of that.
Q. And as near as you can tell about two o'clock? - As near as I can tell about two o'clock.
Q. Now you are a good judge of writing. Whose writing is that? (Shewn the first letter the prosecutor received, signed, William Gough)-Upon my oath I cannot say.
Q. Have you any objection to writing your name? - If it is absolutely necessary I will write my name, if not I would rather not.
Q. If you object to it I will not press you. Do you say that you don't know whose hand that is? - Upon my oath I do not.
Q. What objection have you to writing your name? - I will write it if you desire it. (Writes his name.)
Q. You write a very decent hand; a clever fellow. When did you see your friend Rayne first after you saw him under the tree in the Park? - I met him as I was going along, a few days after, I suppose it might be three or four days.
Q. Do you think it was as much as three? - I am sure I cannot tell.
Q. Do you think it was the next day? - I am sure it was not the next day; I think it was three or four.
Q. You had a good opinion of him? - I had no opinion at all of him; I could form no opinion, neither good nor bad.
Q. Had you any conversation with him when you met him in the Park? - Yes, he was telling me of that circumstance.
Q. Not you him? - I had no idea of such a matter; he told me the treatment that he had experienced from a gentleman.
Q. Did he tell you the gentleman's name? - I never heard the gentleman's name till I heard it in the papers.
Q. He was very angry at it, was not he? - He seemed inclineable to say that he meant to bring the gentleman to justice.
Q. Where there many people passing in the Park at the time that you saw him with the gentleman under the tree? - I did not take particular notice; but I never go through the Park but there are people passing; it was a very fine day.
Q. Did he ask you whether you took any particular notice of the gentleman or of the indecencies? - He asked me if I remembered seeing a gentleman there? I told him I did; and then he told me how he was treated.
Q. And that treatment was in the open Park at two o'clock in the day? - I see nothing of the treatment.
Q. Did he ask you whether you should know the gentleman again? - I don't recollect that he did.
Q. How soon did you see Mr. Buller Yard's name in the news paper? - Not till last Thursday when I see it in Wednesday's paper; I see him on the 30th in the morning; he then told me that he had received a bond of fifty pounds a year, as a compensation for loss of character, and so forth.
Q. Did he tell you who the gentleman was? - That was on the 30th morning; he even took the bond out to shew me; he shewed me the witness's name, but concealed the gentleman's name at the bottom of the paper.
Q. So that you never came to the knowledge of the gentleman's name till you see it in the paper? - I never did; he told me that he had found out the gentleman's name by seeing him get into a carriage, and that he had got his bond for fifty pounds.
Q. Did he tell you that the gentleman had taken down his address in his pocket book? - He told me that, and shewed me them two letters that he had received of the gentleman; but there were no signatures to them; I did not want to know the gentleman's name.
Q. As far as you collected from him, was there any body that had seen him with this gentleman in the Park besides yourself? - Not that I know of.
Q. He did not mention any body of the name of Gough? - He did not.
Q. You never used that name yourself? - No other but my right name.
Q. Now when you met with him, you did not upbraid him at all; but he set about it immediately and told you the whole story? - I suppose taking every thing together, that he thought I thought something must be the matter, by his appearing so much confused when I met him in the Park.
Q. As you seem to know but little how the prisoner supported himself, have you ever been in service? - Never as a servant.
Q. What services have you been in? - Is it necessary for me to give my genealogy.
Q. I will tell you very fairly why I ask you. I am going to satisfy the jury that they cannot believe one word that you say? - I have told you where I was employed.
Q. Yes, I have heard of Mr. Mason. Where did you write last for any person? - No. 8, Cornhill, for the same parties.
Q. Was that a hosiery business? - No, a lottery office, a licensed lottery office.
Q. I want to know whether, when you met the prisoner, you made any reproach to him, about his having been in the Park at two o'clock on Monday? - I could make no reproach to him, because I was a total stranger to what had past.
Q. Did you see him in the Park on Tuesday with any gentleman? - I never did to the best of knowledge; I am sure I never reproached the prisoner Rayne with having been in the Park with a gentleman on Tuesday.
Q. In point of fact you never did see him in the Park but on Monday? - Never to my knowledge.
Q. You don't know Rayne's hand writing do you? - No.
Q. Did the prisoner ever correspond with you? - I never received any letter from him.
Q. Do you take that to be an answer? - He never did.
Q. Did you ever read any letter which he addressed to you, or caused to be addressed to you? - Never in my life.
Q. Be so good as to look at that hand writing, and tell me whose writing you take it to be? - Upon my word I cannot form any judgment of it.
Q. You never saw that letter before? Never.
Q. Did you ever write to him? - Never.
Q. Or cause any thing to be written? - Never.
Q. Where did you lodge on Monday, the 19th of May? - No. 37, Chancery-lane.
The letter read by the clerk, found by Grant in Rayne's possession.
"Friend Lester, I am very much surprised at your thinking I should ever suffer any man to take that liberty with me, as for your thinking you have seen me in the Park, you are much mistaken,
Prisoner Rayne. That letter this young man Watkins copied for me at my lodgings, I told him of Gough's coming threatening to take me up, I did not tell him Gough's name, and that made me write that name.
- NEAVES sworn.
The prisoner Watkins lived with me at this time, he had lived with me about four years, he behaved so well to me, that I have no occasion to reproach him, I meant to make him my upper butler; and it was not a month ago that they applied to have him put on the list as a yeoman, he said, that he had got a friend that could pay the money for him.
- APPACH sworn.
I know Watkins, he lived servant with me rather better than a twelve month, about four years and a half ago, I have no reason to complain of him in any one respect.
I am a sadler, No. 102, Berwick-street, Soho, I have known Rayne this twenty years, he has a very good character indeed, he lived with Mr. Bailey, in Bedford-square, and he lived with the Countess Aberdeen.
Mr. Garrow. Do you live in Fleet-lane? - Yes, I do.
David Watkins, GUILTY. (Aged 20.)
The Jury recommended Watkins to mercy, from the extreme good character that he had supported with Mr. Neave.
Mr. Knapp moved for an arrest of judgment on Watkins, it not being precisely mentioned, the felony nomine, to which he had been accessary; which the court granted for both , on this and the former objection.
In April session the following prisoners, capital convicts, were put to the bar, and received his Majesty's mercy, on the following condition. Sarah Eldridge otherwise Aldridge , Thomas Bruce , John Fox , Archibald Quinton , Thomas North and John Alexander , to be transported to the Eastern coast of New South Wales, for the term of their natural lives . And the following refused the mercy; Charles Beazley, William Thomas , and Henry Boxer .
And this session the following were put to the bar, and accepted his Majesty's mercy, on the following conditions. Thomas Parnell to be transported to the Eastern Coast of New South Wales, for the term of seven years; Joseph Kirkham , John Whalley , John Cardin , William Cranney , Ann Lockhart , Ann Lloyd , Henry Boxer , and Charles Beazley , to be transported to the Eastern Coast of New South Wales, for the term of their natural lives. And William Thomas again refused the mercy.