TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority.
NUMBER VIII. PART I.
BEING the 8th Session in the Mayoralty of PAUL LE MESURIER , Esq. Lord Mayor of the City of London, held by adjournment, on Tuesday, the 11th of November 1794, and the three following days; before the Right Honourable THOMAS SKINNER , Esq. LORD MAYOR of the City of London: The Honourable SIR BEAUMONT HOTHAM , Knt. one of the Barons of His Majesty's Court of Exchequer: Sir JOHN WILLIAM ROSE, Knt. 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.
WILLIAM GOOD was indicted for feloniously stealing, on the 28th of September , six yards of carpetting, value 14s. and eighteen yards of canvas, value 9s. the goods of William Leader .
The cafe opened by Mr. Const.
I am a foreman to Mr. Leader, he is a coach-maker , in Liquor Pond-street; I know the prisoner at the bar very well, he was employed as a watchman ; I was sent for to the office, in Hatton-garden, on the 9th or 10th of September.
Q. I want you now to confine your attention to the carpetting and canvas. - I see them and examined them at the police office, Hatton-garden, on the 9th or 10th of September.
Q. Who did you find at the police office? - I found Mr. Good, the prisoner. Some things were produced, I examined them all over, and I really believe them to be the property of Mr. Leader.
Q. Do you know where they were taken from? - I cannot say that.
Q. Are these things present? - They are.
Mr. Knowlys. You are foreman to Mr. Leader. Can you say that he has lost carpetting or canvas? - Yes.
Q. Of that pattern? - Yes, I can say that, but I cannot swear to the articles for want of the mark.
Q. How long ago do you think these things have been lost? - Some of them between two and three years ago.
Q. Therefore you cannot say when this was lost at all? - I cannot notice it particularly, we have such a quantity, and such a number of hands.
Q. Till this was found you did not even miss these things? - No, we have frequently missed things, but never that in particular.
Q. You are now, I believe, a partner with Mr. Leader? - Yes, I am.
Q. You remember the prisoner Good being taken into custody on some suspicion? - Yes, I do.
Q. Will you tell us what past at your house that you was privy to? When did you commence partner with Mr. Leader? - The 2d of November 1793; the robbery was committed in September.
Q. Before the time you was in partnership? - Yes, some part of it.
Q. The carpet and canvas was stole before the time you was in the partnership? - It was.
Q. What led you first to suspect the prisoner? - From missing sundry articles we believed the prisoner not to be honest, and going to search his premises we found some property in his house; we suspected the prisoner about three days before we searched his house.
Mr. Const What did you find there? - Several articles, which will be produced.
Q. Did you find there any carpetting or canvas? - No, they were found at the pawnbroker's.
Q. What led you to the pawnbroker's? - Some duplicates which were taken out of the prisoner's pocket.
Q. Then on searching the prisoner you found some duplicates? - Yes.
Q. Were these things known by you when you see them? - We believed them to be Mr. Leader's property.
Q. Of course the things were produced and carried to the office? - Yes.
Q. You attended at the office? - Yes, I did.
Q. What pawnbroker's did you find this at? - I don't recollect.
Mr. Knowlys. Is Mr. Leader's son in the partnership? - No, he is not.
I produce some carpetting; I live at No. 38, Baldwin's-gardens; I am a pawnbroker there.
Q. Is that the carpetting that you produced at Hatton-garden? - Yes.
Q. Where had you it from? - I took it in of the prisoner, he pawned it with me, I knew him, I had it of him on the 20th of July 1793; this is the duplicate I wrote for the carpet at the time I took it in. When they came to enquire, they produced the fellow duplicate of that, which I gave to the prisoner; I have had the things in my possession ever since.
Mr. Knowlys. This was the 20th of July, last year? - Yes, it was.
Q. How many yards are there in that piece of carpetting? - Better than four yards.
Q. How long he had it by him you don't know? - No, I do not.
Lucas. This is a pattern which we use a great deal of.
Q. Is that the sort of carpetting of which you missed any? - We missed a great deal.
Mr. Knowlys. At that particular time did you miss it? - I cannot say, having such great quantities.
Q. Will you undertake to swear that that ever was in Mr. Leader's possession? - I, don't know that positively; we cut a great deal of that pattern.
Q. If you had seen it in my house, you would not have suspected it to have been Mr. Leader's at all? - I don't know any thing about that. Of course you being a gentleman, I should suppose that you came by it honestly.
Q. There is no mark on it? - None at all.
Q. For ought you know, it might be lost in the year 1791, if it ever was in Mr. Leader's possession? - I don't think we used that pattern so long as that.
I live in Clerkenwell-green, I am a pawnbroker.
Q. Where did you get that canvas? - It was pledged at our house the 14th of of September 1792.
Q. I don't know whether you can speak to the prisoner? - No, it is impossible for me do that.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
William Leader , John Collingridge , and Robert Lucas .
The case opened by Mr. Const.
Q. Have you the other things that were found on the prisoner? - Yes, I have.
Q. Who produces them? - Rose; Longdon has the duplicates that were found.
Mr. Knowlys. I don't know what the articles you charge this man with are.
Mr. Const. Did you find some baize, canvas, leather, silk, worsted and cotton lace, some skeins of thread? - Yes.
Q. Where did you find these things? - In the prisoner's house; I was present with one of the men of Hatton-garden office; it was on the 9th of September.
Mr. Knowlys. Now about these things. Did you miss them at all? - We missed a skin of leather, which led to a discovery.
Q. Did you find that you missed? - No, we did not find that.
Q. Have you missed nothing but that skin of leather? - We missed green baize about a week or a fortnight before we searched his lodgings.
Q. A month perhaps? - I cannot say exactly.
Q. Or a year? - Not so long back as five weeks, I cannot say to a day, but it is not more than a month or five weeks; I don't know particularly that we missed any other articles.
Q. Do you ever know that you have lost any thing but a skin of leather and some baize, and the skin of leather is not in the indictment? - It is not. We have sometimes lost so much as half a hide of black leather.
I am an officer of the public office, Hatton-garden.
Q. Was you employed to search the prisoner, and to search his house - I was. I found these things in his house; here are some candles marked with a particular mark, which Mr. Lucas identities, marked with a red string; here is thread, an hussiss, lace, and some bits of cloth.
Q. These you found in the prisoner's house? - I did.
Mr. Knowlys. Was the prisoner at home when you searched his house? - No; his wife was at home.
Q. She is an ailing woman, is not she? - She is.
Q. He has a daughter, I believe? - I don't know that.
Q. I dare say you was astonished to find some thread in the house of a man that had a wife and daughter? - There was a deal of thread.
Q. I hope, if you are a married man, we shall not find any thread in your house? - Yes, you might undoubtedly.
Q. In short you found a great deal of what you would consider as mere waste and rubbish? - Mr. Lucas said it corresponded with some that he had.
Q. That is not answering my question.
Court. The jury will judge what they are.
Mr. Knapp. Only they are brought in to make weight.
Mr. Const. Amongst the great many things you found, some of which are of very little consequence, tell us whether you can identify them? - This lace I can, it is a crest lace of Mr. Whitmore's.
Mr. Knowlys. Can you tell me when it was in your possession? - It was in our possession about two months before we found these things in the prisoner's house.
Q. When you have made your carriage then these bits are throwed about the shop? - They are about the workmens boards.
Q. Can you fix any value on it? Would it sell even for a penny, at the piece broker's? - I should imagine it would; it certainly is worth a penny if it is worth any thing; it would make a pin-cushion, therefore it is worth something.
Q. Would not any workmen have leave to take away such things as that? - If they asked for it, they might.
Q. Suppose they did it without leave? - We should reprimand them for it.
Q. Would you suppose they took a pin? - I don't say that. Here is another crest that was for Sir James Murray , there is the arms and crest on it, we made three carriages for him within two or three months of the time this was found.
Q. When did you miss this? - We did not miss that till we found it, it is impossible for us to miss such things.
Q. Is not such as this laying about your workshop? - Yes, about the board of the man that trims the carriage.
Q. What value is it? - It is of some value.
Q. Can you tell me when you had it in your possession, how many years ago? - Not a year ago.
I am a tallow chandler in Gray's Inn-lane.
Q. You serve Mr. Leader, I believe? - Yes, Mr. Leader and Co.
Q. Will you look at the candles that lay there, and tell us whether these are the candles that you delivered to Mr. Leader's house? - Yes, they are the same, I know them by the cotton.
Q. Are they different to those that you fell in the course of your business? - Yes, they are particularly marked; I have some of the same in my pocket, which, I believe, will march; we sell none of that sort to any body else; there should be eleven threads in the largest ones, that is ten white and one red; and the smallest ones seven threads, six white and one red.
Jury. Can you positively say that these were made by you, for Mr. Leader? - Yes, I can.
Mr. Knowlys. Can you tell me how many threads other tallow-chandlers put in their candles? - I cannot say that.
Q. You mean to say that you make no other of that kind, but for Mr. Leader; but your neighbour tallow chandler may make others just of the same sort? - He might; but I believe they will match in size, length, and every thing else.
Q. They are a common size for candles? - No, they are made of a particular size, and particular length.
Q. Which any other person may make as well as yourself? - Yes, if they have orders for them; they are never made except for some manufactory or some brewhouse, it is done particularly as a check for a manufactory where there are great many workmen.
Q. You do not know when you made these particular candles? - Yes, in March last.
Jury. But should this man, or any other of Mr. Leader's, come and say to you, pray let me have some of the candles, such as my master has, would not you let him have them? - No, I would not.
Mr. Knowlys. Do you mean to say they were delivered to Mr. Leader in March last? - No, they may be belivered some of them in May, and I have delivered some of them later.
Mr. Const to Lucas. Do you happen to know whether there were any can
Mr. Knowlys to Lucas. Pray who was the partner of Mr. Leader in March last? - Mr. John Coilingridge and myself.
Not GUILTY .
Q. Do you remember the prisoner coming to you on the 4th of October? - Yes, very well; she came into my shop and asked the price of some cheese; a customer of mine that was there told me she had taken something; I looked about and saw the pot was gone; I immediately went after her, and caught her at the corner of Duke-street, and found the pot on her; I took her by the shoulders and dragged her to Mr. Ling's door, and Mr. Ling came out and took her to the watch-house.
I live at the Crown, in Vere-street; this is a pot that Scott took from her; I remember Mr Scott bringing the pot to my house, and the prisoner.
Scott. That is the pot I took from her, I will take my oath of it.
Q. Is that your property? - It is.
Q. What is that pot worth? - Thirteen pence they stand me in, when they came in new, and this is as good as when it came in first.
Prisoner. I have nothing to say for myself at all. I have got two sons at sea, and I was so overjoyed at hearing from them, I was intoxicated with liquor, and what she say may be true, but to my knowledge I know nothing at all of it, my lord and gentlemen, I leave myself to your mercy.
Court to the Prosecutor. Was she in a state of intoxication? - Not that I saw.
Q. What time of the day was it? - In the evening about six or seven o'clock.
Prisoner. I did not think that I should have any hearing at all here; I had gentlemen attended both Thursday and Friday, and I did not think I should be tried till next month.
GUILTY . (Aged 60.)
Imprisoned six months in the House of Correction to hard labour , and fined 1s.
574. ELIZABETH BUTLER was indicted for feloniously stealing, on the 9th of October , two women's cotton gowns, value 2l. two silk handkerchiefs, value 5s. a black silk cloak, value 10s. a pair of womens cotton stockings, value 1s. a muslin handkerchief, value 1s. 6d. the goods and chattels of Charles Steward , in his dwelling house .
I am a watchman of Lombard street.
Q. Do you know the prisoner? - Yes.
Q. Where were all these things? - They were locked up in a box, in a chest, in the one pair of stairs room.
Q. When did you lose them? - The 9th of last month.
Q. When was the last time you had seen them before you missed them? - I do not know when I had seen them before they were lost; my wife can inform you.
Q. Perhaps you do not know much about them yourself? - No further than I found the property on the prisoner.
Q. Did the prisoner live in your house? She came to visit me and my wife, on Sunday the 28th of September.
Q. How long have you known her? - About three or four years.
Q. Did she stay with you till the 9th of October? - She said she was out of place, and my wife said, Betty, you are welcome to my apartment, until you can get a place; on the Tuesday following she came, on the 30th, and continued till the Friday night, when she said she was going to her mother's; then she came again on Saturday, and staid till the 9th of last month, which was the day she committed the robbery.
Q. When was it you missed the things? - On the night following, the Friday night, as the 9th was the Thursday.
Q. When did you take her up? - I took her on Sunday night afterwards in Thames-street, on Garlick-hill, I was standing there by myself, and I saw her come along with my wife's property on, and I stopped her; she had the black silk cloak, cotton gown, and cotton stockings on her, and the gown I knew very well; she was passing by her mother's door when I took her; I took her immediately into her mother's, where my wife was.
Mrs. STEWARD sworn.
I am the wife of the last witness.
Q. Tell us how the prisoner came into your house? - She came on the 28th of September, she came on a visit, and staid to tea and sup; accordingly she told me she was out of place; I told her she might be at my place and do some needle work, and eat such as I eat, and I would pay her for her work, till she got a place. Accordingly she came on Tuesday, and continued till Friday, and slept with me in the bed. On Friday night my husband said he was very ill with a cold, and he would stay at home; she went out that night to sleep and came the next morning at seven o'clock and staid till nine, and while I was in one apartment and she was in the other, she found the means of opening my place and took away these things; one gown she had pledged.
Q. How long had you known her? - About three or four years; I knew her to be a servant, and I knew her mother to be a very honest woman, as I always thought, and I have no doubt but what she is at this time.
Court to Steward. Was there any body with her when you took her? - There was a young man that she had hold of his arm; I do not know nothing of the young man; I lost him in a moment. I produce a key, which was found on her, and which, she told me, she had opened the box with.
I am an officer, I produce the things of Mrs. Stewart.
Mrs. Stewart. They are my things, this handkerchief is darned in the corners, they were so torn they would not pawn; and this handkerchief I had for mourning; I know the gown, it is mine, it was not in that shape when she took it from me, because it was altered to cut it to her
Prisoner. The boxes were open, I knew this woman a great while.
Court. How came you by these things? - The woman gave me the gown to pawn for her, and the other she lent me.
Q. To Mrs. Stewart. Is that true? - It is as false as God is true, the gown is cut, I never could wear it any more if it was ever so.
I have been a very ailing woman, and she frequently visited my room, and I always found her a very honest just girl, and I have known her upwards of this four years.
Mrs. BUTLER sworn.
I am her own mother.
Court. I will not examine you, of course you thought well of your daughter.
GUILTY, Of stealing, to the value of 39s.
Transported for seven years .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
575. WILLIAM CLINCH was indicted for feloniously and burglariously breaking and entering the dwelling house of Timothy Pritch rd, about the hour of three in the night, on the 12th of September , and burgiariously stealing therein, a cloth great coat, value 5s. a mahogany knife cafe, value 2s. a pair of leather shoes, value 2s. a brace of pistols, value 1l. six silver tea spoons, value 9s. a carving knife, value 1s. a hat, value 1s. a linen shift, value 1s. the goods of the said Timothy Pritchard : and
LEVY MOSES was indicted for feloniously receving, on the 13th of September , she said cloth great coat, mahogany knife cafe, and a pair of leather shoes, being a parcel of the before-mentioned goods, he knowing them to have been stolen .
Q. Was your house broke open at any time in September? - It was, in the night, between the 12th and 13th.
Q. Did you see your house fastened before you went to bed? - No, I did not.
Q. Who was up the last in the house? - I believe it was myself.
Q. The part that was broken open was not fastened.
Q. What time did you go to bed? - About ten o'clock.
Q. Was you alarmed in the night? - No, I was not.
Q. When did you get up in the morning? - At five o'clock.
Q. What did you observe when you got up? - I was not up first, when I got up I found the door was open, and from one of the windows, an iron bar had been taken out.
Q. Was the bar in the window the over night? - Yes.
Q. Did you happen to see that bar the over night? - I did not take particular notice of it that night, but I never see it out; it was in a very conspicious place, it stood by the door.
Q. Therefore so conspicuous, you must have seen it, had it been out? - I think I must.
Q. Did you miss any property? - I did, a great coat, a knife case, a new pair of shoes, a brace of pistols, six silver tea spoons, a couple of razors, five hats.
Q. Five hats of your own? - I keep a boarding school.
Q. These things that you mentioned were in your house? - They were.
Q. Now, Mr. Pritchard, have you any reason to suppose the prisoner Clinch was the person who came and took these things? - I have no other reason than the evidence of one of his accomplices.
Q. Do you happen to know him? - I do not know him, I have some witnesses that are on the back of the indictment.
Mr. Knapp. I understand that you was the last up in the house? - I believe I was.
Q. You had made no particular observation about these bars before you went to bed? - I had not.
Q. Therefore in point of fact, whether it was there when you went to bed, you will not take on you to swear? - No.
Q. How lately had you seen this property before? - Some of it that day, and the whole, or the greater part of it very lately.
Q. What are you? - I am the wife of William Smith ; I think it was Friday or Saturday evening, I do not recollect now, that William Clinch and my husband supped both with me and that evening, about twelve o'clock -
Q. Do you recollect what day of the month it was? - No, I do not recollect what day of the month.
Q. What day of the week? - It was Friday evening, or Saturday evening, I think it was Friday evening.
Court to Prosecutor. What night was it your house was broke open? - Friday night.
Winifred Smith. It was the night before; the very next day that my husband was taken up for that affair; they went out about twelve o'clock from my house, and they came home in the morning, I do not think it was quite light, and they brought home with them four boys hats, a knife case, a new pair of shoes, a great coat, a child's shift unmade; I do not recollect the other articles, if there were any more, I don't recollect them; and my husband said, that they had been breaking a house open of a schoolmaster on Bethnal-green, of the name of Pritchard; he asked me if I knew the man? I said, I did not know him by sight. My husband in the morning, desired I would go to Mr. Levy Moses; I did not go, but he came to the house, and he offered me thirteen shillings for the knife case and the new pair of shoes.
Q. What time did he come to the house? - To the best of my knowledge between ten and eleven in the forenoon; my husband asked him a guinea for the articles, William Clinch said, Smith, do not stand out, let him have them for fifteen shillings; he said he would give twelve shillings, and at last he agreed to give thirteen shillings; he took with him the knife case and the new pair of shoes, and I think he left the great coat; he was to give thirteen shillings, but he did not give it; he took the things away without the money, in the evening he gave six shillings in part.
Q. Then he was used to come to your house frequently? - Yes. I heard that my husband was taken up the same evening, and I went to this Levy Moses , to tell him that my husband was taken up; and he said, here is six shillings in part of the payment, that you may send to him, to free him; and he desired me to bring him the remainder of the things, which was the four hats, that I was to bring him, but I did not carry him them.
Mr. Knapp. Mrs. Winisred Smith, you are the wife of Mr. smith? - Yes.
Q. Did you come here in custody? - No.
Q. You have never been in a court of justice before, I take it for granted? - No, never in my life.
Q. No let us try a little whether you have been at Kingston? - Yes, for pledging a pair of sheets out of a furnished room
Q. What you have been at Kingston before? - Yes.
Q. Was not you tried for stealing a pair of sheets? - I did not steal them.
Q. You was tried for stealing those sheets? - I was tried for pledging of them, I was not tried for stealing of them.
Q. Do you know a person of the name of North? - No, I do not recollect knowing him.
Q. Do you not remember a person of the name of North being in custody, and since executed? - I do not know of such a person indeed.
Q. You don't know him now I know? - I do not know that ever I knew him.
Q. You must know whether you ever knew such a man? - I never did know such a person.
Q. Then it is not true, that you ever lived with a person of the name of North, that was hanged? - I never knew there was such a person hanged, I never did, indeed I did not.
Q. Your husband of course he hath not ever been tried? - I cannot help my husband's misfortunes.
Q. Do you not know whether he hath been ever tried? - Yes, many times, to my misfortune.
Q. Your husband hath been tried several times? - Yes, he hath been tried several times at this bar.
Q. He would have been liable to be tried himself for this, if he had not given evidence for the Crown, and you are his wife, and come to give your evidence to
Q. We have heard such an account of your past life, as justifies me very well in warning you to take care that you do not go beyond the truth, what you are now about to swear, is to effect this man's life, therefore it is the only atonement to make for what you have done, to speak the truth, and nothing but the truth What do you know of this robbery in Mr. Pritchard's house? - One Clinch, which is there now the prisoner at the bar, and one Gunnell, which is not taken, and myself, went to break a house open. which we was disappointed in; we went out one Friday night, the 12th of September, Clinch had slept in my house two or three nights before that; we went to Bethnal green, we went to one house where we could not do our business, there were a couple of dogs, and then we went to this house, we got over the wall, and broke into this house of Mr. Pritchard's; we got in through a window, we took out two iron bars.
Q. What did you do when you got into the house? - We brought out of the house, half a dozen silver spoons, a par of new shoes, a cake of soap, a mahogamy knife case, a black great coat, a ruler, a couple of razors and a desk.
Q. What time did you come back? - We came out of the house about day light, the men were just driving the cows out of the field, and we ran away and left the desk in the field; we went to my house, and one Levy Moses , he came to our house, and we two agreed for the property.
Q. When did he come to your house? - In the morning, as he usually came every morning.
Q. Did he know how you came by this property? - Yes, he knew how we came by it, because he hath bought property several times.
Q. Did you tell him it was stolen? - I did.
Q. Did you tell him where it came home? - I do not recollect
Q. What did he give you or it? - Levy offered twelve shillings, and Clinch wanted fifteen shillings, and so we left him in the house, and he agreed with any wife, and took them away, some part of them; I was not present when they were sold.
Q. Where did you go? - I went along with Clinch home to his mother's, and the officers took us, and so I never came back again, they took us coming out of Clinch's mother's.
Mr. Knapp So, Mr. Smith, you are sure then that at the prisoner clinch did not tell Notes where the goods where the goods were got from? - I did not hear him.
Q. What do you think of yourself? How many times have you been in a court before? - I cannot tell; it is more my misfortune.
Q. How many times have you been tried, my good man? - I leave that to you.
Court. It does not become you to give yourself any sort of airs; I will not suffer a word of that sort; you ought to have been probably hanged long ago.
Q. It may be more? - No, I do not think it is; I do not recollect more.
Q. What do you say to six times? - I do not recollect any more than four.
Q. What have you been tried for these four times? - I was tried for some pigeons, and imprisoned six months.
Q. How many times have you been taken up for different robberies? - I have never been taken up but what I have been tried.
Q. You remember your wife being tried in Surry, do not you? - Yes, she was tried there, but she was not guilty of the crime.
Q. Were you in gaol at any time? - Yes.
Q. Was not the charge for a burglary? - Yes, it was; I was not convicted for it.
Q. How many times have you been in custody since that time? - This is the only time.
Q. How many times may you have been taken up since that time? - This is the only time.
Q. How long ago? - It was in May; I have been since at work in my business.
Q. I will not waste the time of the court and jury with such an infamous witness as you.
I have got some of the things. I got them by the direction of Smith, from a house where Smith directed us to go, in Camden's gardens, Bethnal-green, a pair of pistols and four hats.
Mr. Pritchard. I know the pistols, and I know one of the hats, it is my own.
Mr. Knapp. Then it was entirely by the direction of that vill in Smith that you went to Camden's-gardens, and found these things? - Yes, entirely.
Q. You know he hath been in this sort of trade a considerable time? - Yes, I apprehended him once before. I was confined to my bed when this bill was found, and I hope your lordship will not let me be fined for my recognizance.
I have got a razor, a carving knife, and a shift not quite finished, and two or three other things, found in the lodgings of Smith.
Q. There is a cloth great coat, who bath got that? - That is not here at all.
Q. Where is the mahogany knife case? - That is not here, it was never found.
Mr. Knapp. Then all these things that you and Armstrong produced are all of the things that were found? - Yes.
Q. And all found by Smith directions? - Yes.
Q. You know Smith, I take it for granted? - Yes, I know him very well.
Q. You have apprehended Smith yourself, Harper? - We have had him before, once; this razor and a carving knife was found in Smith's table drawer.
I am a wholesale dealer in muslin lace; I know Moses (he is a jew) fifteen or sixteen years, I knew him always for an hard working man; he was in the baking business and cakes. He is a very honest man.
ELIZABETH COUSINS sworn.
I live in New-court, Bishopsgate-street, I am a married woman, my husband is a
SAMUEL COUSINS sworn.
I am the husband of the last witness; I have known Moses many years, I always heard a very honest character of him.
I have known him about twenty-five or twenty-six years; I have dealt with him with cakes that I travel in the country with, and I always found him a very fair dealing man.
HENRY LEMOINE sworn.
I come to speak for William Clinch; I am a copper plate printer and bookseller, I employed him upwards of twelve months, from November 1792 to 1793; I can say, while he worked for me, he behaved as he ought to do.
Prisoner Clinch. The witness, Smith, I would wish to have him asked whether he did not deny knowing of me on his first examination?
Smith. How could I deny knowing of you, when we were both taken in company together.
Mr. Knapp to Smith. Did you deny it, or do you not? - I did not.
Jury. I should be glad to know if any of the articles that Levy is supposed to purchase, was found in Levy's house?
Court. No none of the articles found at all there. I ought to state that to you, that you find this Moses had immediate intelligence of these people being taken up, from the wife of Smith, she went to him immediately and told him; therefore it is not very unreasonable to suppose that whatever property he might have, that might serve for a conviction to himself, that he would dispose of it, as he had time to do it.
Both not GUILTY .
576. WILLIAM CLINCH was indicted for burglariously breaking and entering the dwelling house of Mary Gurnell , widow, about the hour of three in the night, on the 6th of September , and burglariously stealing therein, twelve silver handled forks, value 6s. eleven silver handled knives, value 6s. a silver skewer, value 5s. a set of castors, and stand, value 1l. a silver pair of salt holders, value 1l. two silver table spoons, value 1l. a half pint mug, value 10s. a silver pepper box, value 10s. a silver punch ladle, value 3s. a cocoa punch ladle, with a silver rim, value 2s. a silver straines, value 10s. seven silver tea spoons, value 7s. a muslin frock, value 4s. a damask table cloth, value 5s. a linen sheet, value 3s. the goods of Mary Gunell : Two silk cloaks, value 1l. two silk handkerchiefs, value 2s. 6d. five muslin aprons, value 10s. a linen apron value 1s. two muslin handkerchiefs, value 1s. a muslin shawl, value 2s. a lace hood, value 1s. 6d and a linen shirt, value 2s. the goods of Elizabeth Hulme .
And Levy Moses was indicted for feloniously receiving, on the 7th of September , the said twelve silver handled forks, eleven silver handled knives, one silver skewer, a set of castors and stand, a pair of salt holders, two silver table spoons, a silver half pint mug, a silver pepper box, a silver punch ladle, a cocoa punch ladle, with a silver rim, two silver ladles, a silver strainer, and seven silver tea spoons; being part of the before men
Q. Was your house broke open any time in September? - Yes, on the 6th.
Q. What did you observe in the morning? - The steps was brought out of the wash-house, and the back door was tied to a post, that we could not get out of the house, and the shutters were taken off from the hinges from the back parlour.
Q. How was the window itself? - The two bars were bent.
Q. Did any body get in then? - Yes.
Q. What did they take? - They took away my property as mentioned in the indictment; I have never seen any of it since, only a check muslin frock.
Q. You live at Mrs. Gurnell's? - Yes.
Q. Did you observe whether the house was fast? - I am sure it was all safe.
Q. Did you yourself see to it? - Yes.
Q. Did you see to it that night? - Yes. And we found the doors all fastened when we got up in the morning.
Q. What time did you get up? - About seven o'clock.
Q. Did they break any glass? - Of the glass of the window there was none broke, the window was opened.
Q. The sash was opened? - Yes, it was.
Q. You did not hear any thing in the course of the night? - I never heard nor see any thing.
Q. You have lost some property? - Yes, sir, I have lost my linen out of the drawers.
Q. Did they break any locks? - No, they broke no locks.
Q. Where were the drawers? - They were in a back parlour.
Q. They were taken out of the drawers? - Yes, the things were never found the pawnbroker has got some of the things.
Q. They are still forth coming? - Yes, they are to come.
Mr. Knapp. Your servant in the house was very attentive? - Yes.
Q. Your maid was up first? - She was down first.
Q. Have you got any thing? - I have got an handkerchief, which I took from the prisoner's pocket.
Q. When? - I am not positive to the day; it was alter he had been committed.
Q. How soon after Mrs. Gurnell's robbery? - I believe on Monday or Tuesday after; I took it out of his pocket.
Court to Mrs Hulme. Look at that handkerchief. Do you know that to be your's? - Yes.
Q. Is there any mark? How do you know it? - I have got the fellow of it; there is no mark on it.
Mr. Knapp. You think it is darker, I heard you say? - I know it is mine.
Q. You told the jury just now, there was no mark on it that you can swear to? - No, not that I know of.
Q. That handkerchief is a very common pattern? - Yes.
Q. You thought your handkerchief was darker? - I do not know but what I may have said so; I think I have the fellow of it at home; I do not say it is mine.
Q. Do you now say, you think your handkerchief is darker? - I will not say any thing more.
Q. There is no mark that you know of, and nothing about it that you know it by.
I am a pawnbroker.
Q. Where did you get that frock? - I received it from a woman, who calls herself Smith, on the 9th of September.
Q. Did she say any thing about it? - No, she asked me four shillings; I lent her three shillings on it.
Mr. Knapp. The wife of the other witness pawned it in their name? - She pawned it as her own; I gave her the money on her own account, and she gave her own directions.
Court. Do you know that frock, Mrs. Gurnell? - I will not swear to it.
I am a servant to a pawnbroker, in Shoreditch; on the 9th of September a black cloak was brought to my master's, in Shoreditch.
Q. Did you ask her any questions about it? - I asked her where she lived? she told me in Shoreditch.
Mr. Knapp to Feagrim. The woman that is here brought it to your shop? - To the best of my knowledge.
Q. She told you that she lived in Shoreditch? - Yes.
PHILIP BROUGHTON sworn.
Q. In what name? - Mary Smith.
Q. Did she tell you where she lived? - Yes, in Shoreditch.
Mrs.Hulme. It is mine.
Mr. Knapp. How do you know it, is there any mark? - No.
Q. Not in Queen square? - No, sir.
Q. Are you a pawnbroker? - Yes.
Q. Who brought it? - The witness that was in court before me, Mrs. Smith, to the best of my knowledge.(The apron produced in Court.)
Court. Who does that belong to? - Mrs. Hulme. It is mine.
I am an officer of Worship-street; I was in company with the other officers, in searching Smith's house; here are several articles I found in Smith's house, and also I found two dark lanthorns.
Court. Look at these things, Mrs. Hulme, and see if any of them are your's? - Yes, the linen is all mine.
Mr. Knapp. They were all found in Smith's house? - Yes, and a quantity of duplicates, which led to the pawnbrokers.
Q. What have you got? - An apron.
Q. When you was here before you told us what happened respecting the 12th of September. I am now speaking to you of another burglary, on the 6th of September, at the house of Mrs. Gurnell? - I recollect on Saturday Mr. Pritchard and the prisoner at the bar, and a young man of the name of Taylor, nephew to Mrs. Hulme, called at my house, (what they said to me I do not know) they went out about twelve, and came home in the morning.
Q. Was it day light? - Whether it was day light or no I cannot tell. In the morning my husband said to me, go and setch Mr. Moses; I went and fetched him; he came to my house, my husband asked him if he had his scales with him? he said, no.
Q. Was Clinch present? - He was present the whole time. We sent him back for his weights and seales; he brought them, and he weighed a parcel of plate altogether; he said they were sixteen ounces; my husband said they were more than sixteen ounces, and I believe they weighed thirty-four ounces.
Q. What quantity of plate had he? - I do not recollect; but Levy Moses gave two guineas for them, to my husband; and my husband, Clinch, and this young man, called Taylor, shared the money betwixt them.
Mr. Knapp. How many names have you gone by? - I never went by any other name but my maiden name.
Q. What name is that? - Winisred Dixon.
Q. Upon your oath have you not gone by the name of Miller? - No. My husband desired me to pledge them in my own name.
Q. What day was this robbery? - On the 6th of September.
Q. Who was with you at that time? - There was one Taylor and Clinch, they came to me about nine o'clock in the evening, and supped with me; we went out about twelve o'clock.
Q. Where did you go at that time? - We went to Mile End and broke open the house, about three in the morning.
Q. Had you a nephew of Mrs. Hulme's, of the name of Taylor with you? - I do not know.
Q. What did you do at Mrs. Gurnell's? - We broke into the back parlour win
Q. Did your wife pledge any of them? - Yes, and we shared the money between us three.
Q. Do you know any of these things? - Yes, if I see them.
Mrs. Smith. My lord, I pledged them all, I think this to be the cloak, there is no mark.
My lord, William Smith , the evidence, knows nothing of me, I deal in prints and books, I was selling some prints to a young man in Kingsland-road; Smith, came and took some out of my hand, and asked me what he should give me for the remainder? I sold him the remainder, then he asked me if I had got any magazines? I told him I had a bundle at Mr. Lemoines, Bishopsgate Church-yard, (I sell books and prints for him,) and as we went along we met some officers, they took us, one of the officers, took the prints out of his pocket, I never see him before. The woman swears to my being in company with her husband, at several times, I know nothing at all about him; Mr. Armstrong searched my mother's house, and a great quantity of pictures were there.
Court to Smith. What time was it you went to Mrs. Gurnell's house? - About three o'clock.
Court. There was hut one article found on Clinch, and that was an handkerchief, which Mrs. Hulme cannot swear to, and no evidence, to affect either of them, but what comes through so very tainted a stream as Smith and his wife.
Levy Moses, GUILTY . (Aged 56)
Transported for seven years .
Jury. We recommend Clinch to mercy, we look upon him to be drawn in by Smith.
114. JOHN WADSWORTH was indicted for burglariously breaking and entering the dwelling house of Emanuel Croade , about the hour of nine in the night, of the 8th of September , and burglariously stealing therein, a silver watch, value 2l. a steel watch chain, value 2d. a brass watch key, value 1d. six gold rings, value 1l. a pair of Spectacles, value 2s. three silk handkerchiefs, value 1s. a diamond to cut plate glass, value 5s. a leather pocket book, value 2s. a silver tea spoon, value 1s. the goods of Emanuel Croade ; a promissory note, dated 28th of November, 1793, for three hundred pounds, with interest; another promissery note, for sixty-four pounds twelve shillings, dated October the 8th 1791; another promissory note forten pounds eleven shillings, dated August the 16th, 1794; another promissory note, for thirteen pounds thirteen shillings, dated 20th of August, 1792; and another promissory note, for fifty pounds, dated August the 28th, 1794 ; the same notes being the property of the said Emanuel Croade .
Q. How did it happen? - I had occasion to go out a quarter before eight o'clock, I returned between the hours of eight and nine, I had the keys with me, I then let myself in from the outer door, which goes into Half Moon-alley.
Q. How far is this door up the alley? - About thirty yards, I let myself in at that door with a key, and then shut the door to afterwards, I saw a light on my left hand, in the room, which is my bed room.
Q. Was it dark? - Yes, when I came in it was so dark I could not distinguish any person, when I entered the house, I approached the room where I saw the light, the first thing I saw was Mrs. Hill on the bed.
Q. In what room? - My left hand room, which is my bed room.
Q. On the ground floor or up stairs? - On the ground floor, level with the yard, it goes up three steps, when I saw Mrs. Hill lying across the bed I could not think what was the reason of it.
Q. Who is Mrs. Hill? - My housekeeper.
Prisoner. I have one favour to beg, that is, to examine the witnesses separate.
Mr. Croade. To the best of my recollection I saw one man stand by the side of Mrs. Hill, with his left side towards my right.
Q. Was it the prisoner? - I believe it was. When that I saw the man stand by the side of Mrs. Hill, she spoke, and says, Mr. Croade, the two men has robbed you, of all your property, I was very much stagnated, and looked to the man that was standing by the side of her, that I might know him again.
Q. Was it the prisoner? - I believe it was. When that I had satisfied myself on looking on him I then run off to call for assistance I run out to Half Moon alley, and before I was out of the alley I saw a man, I heard him follow me, the moment I retreated I heard somebody run after me.
Q. Your first account was that you saw a man stand by the side of the woman; where was the other? - His face was in the cupboard, a pilsering the cupboard, I saw his clothes. When I got from the house I run into Half Moon-alley, and called for assistance, somebody came to my assistance in a short time, I run up Mr. Morris's yard, when I got assistance we searched every where and did not find any body, I then came back to search the premises again, I was at the polishing shop, and somebody says, halloo! we have got him.
Q. Where was you at that time? - I was in the polishing shop, on the same spot of ground, backwards.
Q. What is your business? - A looking glass manufacturer.
Q. Then you was at the back of your premises? - Yes, at the back of the ground, the front of the house faces the work-shop, I heard a voice say, halloo! I then came down into the yard, and see somebody have hold of the prisoner.
Q. Is that person here that had hold of him? - I cannot say whose custody he was in, there was a number of people with lights, I cannot recollect whose custody he was in, and when that I see him I said, that was the man, and sent for a constable.
Q. Are you sure that was the man? - Yes.
Q. How soon was it that this man was brought back? - About a quarter of an hour, I cannot say, it might be half an hour for what I know, I sent for Mr. Sapwell, I said, I had been robbed,
Q. Was there any thing found on him? - Yes, there was a watch and other things.
Mr. Alley. When did you see him searched? - Directly, a few minutes after.
Q. You took the things from him? - Mr. Sapwell, the constable, did.
Court to Mr. Croade. What did you find on him? - A watch, a pair of spectacles, seven gold rings, one knife, steel watch chain.
Court. Steel watch chain, is that to the watch? - Yes. A stone seal, a brass key, a pair of Spectacles in a case, six gold rings; seven in all, six belongs to me, and one belongs to Mrs. Hill; one olasp knife, three silk handkerchiefs.
Q. You saw these things taken from him? - Yes; and a red morocco pocket book, with a silver top pencil to it; a diamond to cut glass; a two hundred pounds promissory note, which is signed by George payable to myself or order. There is a fifty pounds note drawn by me, on Mr. Sexton, ten pounds eleven shillings, a note drawn on Mr. Quetry by me; another note, thirteen pounds thirteen shillings, I took of Mr. Russell; next note is sixty-four pounds twelve shillings, on Mrs. Misdrey, that is all.
Q. Were these notes found on him? - Yes, this pocket book with the notes were found on him, that red covered pocket book.
Court. There is a pair of silver shoe buckles in the indictment? - That is what the other man had got, I suppose, this is all that was found on the prisoner.
Q. Have you ever seen them since? - No, my lord.
Q. How did you leave your house when you went out? - I left it all safe.
Q. Mrs. Hill is your house-keeper? - Yes, she is.
Q. Will she be here? - Yes, she is gone out of court.
Q. You left no one there but her when you went out? - No.
Q. Did you look to the door? - The door I shut after me, it saftens with a latch.
Q. Do you take it upon you to say that you pulled the door to with the latch? - Yes, the door of the house hath a latch, and I pulled it to.
Q. In what state did you leave the house; were the windows shut up? - I cannot say about Mrs. Hill's window, but the rest were sastened.
Q. You are clear as to that? - Yes.
Q. Finding the two men in the house, how did you think they came in? - I cannot tell.
Q. Was there no part of your house broke open? - The desk was broke open.
Q. I ask you about the house? - No, part of the house was broke open.
Q. Have you made any observation of your own, how they got in? - No, I suppose they must get in at the gate.
Q. What is the value of the watch? - I know what I gave for it, it may be worth two or three guineas, I gave five guineas for it, I have had it about a dozen years.
Q. As you have had it so long as that, do you think it would sell for that? - I think it is worth three guineas to any one.
Q. As to the chain, what is that worth? - The chain is of very little value, it is a common steel chain, worth two-pence or three-pence; the seal is worth about a penny; as to the spectacles I gave five
Court. It is a capital offence according to the amount of the value, therefore you must put a value on them; do you think these handkerchiefs worth no more than a shilling a piece? - No.
Q. The pocket book, what is that worth? - One shilling and six-pence.
Mr. Alley. You know me, don't you? - No, I have seen you, but not to have perfect knowledge of you, not with respect to any acquaintance.
Q. You do not carry on any other kind of business.
Court. You are not bound to answer any questions that may affect yourself.
Mr. Alley. Do you not buy and sell other things, as well as looking glasses? - I prosess to follow the looking glass trade, glass and frames.
Q. Do not you frequently buy other things besides? - No.
Q. Do you mean to say so on your oath? - Coach glass I buy and sell, that is in the looking glass line.
Q. Coach glass, that is in the looking glass line, is it? - I call it so.
Q. How often have you been in custody? - Never.
Q. You mean to swear that you have never been in custody. How often has your house been searched? - Never.
Q. I think you have said that when you came to your house, you saw somebody in the parlour? - Yes.
Q. And you thought it was the prisoner? - I thought it was, I was frustrated in my mind.
Q. Poor man; I ask you how you came this day to be so positive to that man? - I will not swear to him.
Q. Do you mean to swear that you have not sworn that he was the man? - To my recollection it is the man; I do not know I have said otherwise.
Q. You mean now to say it is not? -
Jury. Permit me to ask one question, will you undertake to swear that the prisoner at the bar was at Mrs. Hill's side? - The prisoner at the bar is the man on whom the property was found.
Court. He says the prisoner at the bar, he believes, is the man he found in the room, and is the man on whom the property was found.
Mr. Alley. You said a man of the name of Sapwell, had charge of the prisoner at the time? - Sapwell had him when the property was took from him.
Q. You desired Sapwell to search the man? - Yes.
Q. Would it not have been more natural to say; take that man, he hath been in my house? - I naturally told him to search that man, my meaning is equally the same.
Q. You say you have been never in custody; do you mean to answer? - I will answer any thing that is relative to the business.
Q. That is relative to the business. - Upon my honour I have not.
Q. Upon your oath have you never been in custody? - No.
Q. Nor never knew a man of the name of Peter Moel? - No.
Q. You are a looking glass manufacturer, and lost six gold rings, how long had you had then? - I had them some months I believe.
Q. How came you by them? - I obliged him with a little money.
Q. How then was that your property? - They were my property when I had them.
Q. When had you them? - I do not know, I took no notice at that time.
Q. Nor the sum perhaps you lent him? - I do not know whether it was five or six guineas, upon my word I cannot say, I think it was six guineas.
Q. When was he to have paid you? - As soon as it was in his power.
Q. Do you mean to say you lent that money on those things, and yet took no minute of it? - No.
Q. What take no minutes on your business? - Yes, sir, I do on my business.
Jury. Had you no intention of receiving any interest? - No, I had not then, nor have I now.
Mr. Alley. Is that your own watch? - Yes.
Q. How long have you had it? - About twelve years, I bought it of one Thomas Satchell, Blue Anchor-alley, Bunhill-row.
Q. What watch was it? was the outside case silver? - The outside case and the inside case was silver.
Q. Do you generally leave your watch behind you when you go out? - I left it behind me then in my desk, because the glass was broke.
Q. Then you do not carry your watch about with you? - When the glass is whole I carry it with me.
Jury. Do you know the number of your watch? - Yes, 695.
Mr. Alley. How long had it been in your desk? - Two or three months.
Q. You say it was two or three months in your desk, and it was left there? - I put it in the desk because the glass was broke.
Q. Are you housekeeper to Mr. Croade? - Yes.
Q. Was the house of Mr. Croade robbed at any time? - Yes, on the 8th of September.
Q. Was you at home? - Yes.
Q. Any body in the house besides yourself? - No.
Q. What time did Mr. Croade go out? - A little before eight.
Q. How came you to go to the door? - The bell rung, and I went to the door, I asked who was there? they said, here is one; I asked them who they wanted? they said Mr. Croade.
Q. What do you mean by they? - There was two, but one stood back; when I had opened the door, they asked me if Mr. Croade was at home? I told them no; they asked me how long it would be before he would be at home? I told them I did not know, it was uncertain; I asked them if the morning would do, as Mr. Croade was an early riser? they told me no, they must see him to night, they had business very particular; they asked me if the men were at work? I told them the men had left work; they asked me for a pen and ink; I told them I could not get that, but I had a piece of chalk in my pocket, I would lend them that; one of them told me his name was William Smith ; I told them I could write plain enough for any body to read.
Court. You was writing the name with chalk? - Yes, in the passage.
Q. What happened then? - They pushed to the door, and the door locked, it is a spring lock.
Q. Both, or only one came in? - Both came in; I asked them what they shut the door to for? they said it was my money they wanted.
Q. Was the prisoner one of them? - I do not know the prisoner if I see him, I was so frightened, I saw nobody's face.
Q. Do you mean to say you have no recollection of either of them? - One of the men did not come in till be said it was my money he wanted, and I was so frightened that I could not tell either of them, and one of them swore so much it frightened me; he bid me go and shew them where Mr. Croade's property was; they made me go before them into the house, and shew them where it was, I went into the room where the fire and candle was.
Q. You mean the parlour, on the same floor as the door? - Yes. They bid me give them the key of the desk; I told them I never had it; then they swore they would have it open; and then they got a great poker, and tried a great many times before they broke it open.
Q. Was it broke open? - Yes.
Q. What did they take out of it? - A great many notes.
Q. Did you see them take any thing out of this desk? - I see them tumble the things about, but I cannot say I took particular notice; after they had staid as long as they liked, they bid me shew them up stairs; I was going to shew them up stairs; but finding a room door open as they went along, they went in there.
Q. Where did they go? - They went into the room to the left, in which room they were when Mr. Croade came home.
Q. What did they do there? - They rummaged what they liked in the drawer; I see them take nothing out of the drawers but a silk handkerchief and shirt; they were taking some handkerchiefs out of the drawers, Mr. Croade was come home by this time, I heard him come in; and when he come in, he seemed frightened, and started; and I told him these two men had robbed him of all his property.
Q. Did Mr. Croade look at the men? - Mr. Croade looked at one of them, but the other had his back to him, his face was in the cupboard, he was rummaging the cupboard; Mr. Croade run out again, and I saw no more of them, they run after him.
Q. What are you? - I am a barber and hair dresser.
Q. What do you know of the business? - On the evening, the 8th of September, I was drinking a pint of beer near where this robbery was done.
Court to Mrs. Hill. When the men came to you was it dark? - Yes, sir; I carried the candle out in my hand.
Webley. I was drinking at the sign of the Half Moon, in Half Moon alley, near where Mr. Croade lived, I was alarmed at something, I did not know what.
Q. In consequence of this alarm, what did you do? - I went to Mrs. Morris's yard, I saw a person in the yard.
Q. Tell me where you saw the prisoner? - I saw him in the sowl-house, belonging to Mr. Morris; I went there by the desire of the woman that keeps the house; I went into the place where the man was concealed; the prisoner at the bar.
Q. What house? - A fowl-house.
Q. Belonging to whom did you say? - Mrs. Morris, or Mr. Morris, it is all one.
Q. What passed between you? - He was standing with his hand leaning against the post; I asked him what brought him
Q. What happened there? - Mrs. Hill brought a candle to look at the prisoner, and said, that is the man that has used me ill
Q. Was that in the presence of the prisoner? - Yes, it was in the presence of the prisoner; Mr. Croade came into the yard, and he wished me to search the prisoner; I told him no.
Q. Did he say any thing? - I said, no, as I was no officer; he then sent for Mr. Sapwell, he came and searched the prisoner and found a watch, a seal, a pair of spectacles, a clasp knife, &c. every thing was put in the crown of my hat, by the officer.
Q. What hath been done with them since? - They were left in the officer's hands.
Q. Sapwell had the property? - Yes.
Q. When you found the prisoner, how far was it from the house of Mr. Croade? - Seventy yards it may be I suppose.
Q. What are you? - I am the keeper of Ludgate.
Q. What do you know of this robbery? - I only know about the hen-house; I took a candle that was left behind, and went into the hen-house, and this diamond was found in the hen-house.
Q. Did you see the prisoner in the henhouse? - No, I never see him in the henhouse, I see him come out; I took a candle to see if there was any thing there; and I found that diamond that cuts glass with, and a silk handkerchief.
Q. Did you see any of the articles found? - Yes.
I am a carpenter.
Q. Did you see him taken out of the hen-house? - No.
Q. Where did you first see him then? - I saw him in the yard, I was in there a looking after him.
Q. In whose hands was he? - In William Webley's hands.
Q. Did you see the things taken from him? - Yes.
Q. What was done with them? - They were given to the officer, Mr. Sapwell.
Q. What do you produce? Was you sent for on the 8th of September? - Yes.
Q. Did you search the prisoner? - I did, I found all these things.
Court. I will just read over the articles; did you find a silver watch, a chain, a seal, a pair of spectacles, a clasp knife, three silk handkerchiefs? - Only two found on him.
Court. A leather pocket book? - Yes.
Jury. Have you got the watch? - Yes.
Court. There were some notes in the pocket book? - They where delivered up before my Lord Mayor.
Q. Are these the things you mentioned you found? - Yes, they are all here I have kept them from that time to this.
Mr. Alley. Have you ever seen this prisoner before? - Never.
Q. Had you ever done any business with him before? - Never before.
Q. Is your writing there? - Yes.
Jury. For what time was that promissory note? - Twelve months.(The note read by the clerk of the court.)
Q. Have you got a bill of exchange, 8th October, sixty-four pounds twelve shillings? - Yes."London, October 8, 1791. Four months after date please to pay to me, or my order, sixty-four pounds twelve shillings, for value received. George Serjeant ." Addressed to Mrs. Elizabeth Mesdrey, at Walworth, when due at No. 85, Cannon-street.
Q. Then there is a bill ten pounds eleven shillings? - That is duly paid and honoured since that; at the time it was stole it was not due.
Q. That bill ten pounds eleven shillings, of the 16th of August? - I have not got it, it is paid.
Q. That bill of the 20th of August? - That was, "Three months after date pay to me or my order, thirteen pounds thirteen shillings, value received." Then that bill 28th of August 1794, for fifty pounds, that is paid by Mr. Sexton; I have not got it.
Q. You discount them sometimes? - Yes, I do.
Q. Look at that bill, the two hundred pounds; you have discounted that, I take it for granted? - No, I have not discounted it.
Q. Have you discounted any of the seven bills? - No; this two hundred pounds Mr. Wadshed had some months before, and then he gave me the two hundred pounds note after that.
Q. Pray, is there any body in partnership with you in this business, the glass manufactory? - No.
Q. In any other business? - No.
Q. Who pays the rent of this house? - I do myself.
Q. You have heard of a reward if these men are convicted? - I have heard of it, but if it was ten times the sum I would have none.
Q. You say you did not deduct any thing from any of these sums by way of interest? - No, nor do not mean to do it.
Prisoner. I leave it to my counsel.
Court to Prosecutor. Are the other articles your's? - Yes, I have no doubt but what they are my property.
The prisoner called nine witnesses who gave him a good character.
GUILTY . Death . (Aged 21.)
Tried by the London Jury before Mr. RECORDER.
578. JOHN TOMLINSON was indicted for feloniously breaking and entering the dwelling house of William Fairbridge , about the hour of one in the afternoon, on the 20th of September , and feloniously stealing therein, two cotton gowns, value 1l. 6s. one silk cloak, value 1s. two muslin apron, value 5s.William Fairbridge ; and a cotton gown, value 13s. one dimity petticoat, value 6s. two check aprons, value 3s. the goods of Job Anthony .
Q. Was your house broke open the 20th of September? - It was.
Q. What time did you go out that day? - At nine o'clock in the morning.
Q. Who did you leave at home? - Nobody.
Q. Did you make your house fast? - I did double lock it, with a padlock and a single lock.
Q. When did you come back again? - About eight at night.
Q. Did you lose any property? - I did; I lost all I had; I had nothing else but what I had upon me; I lost two cotton gowns, a black silk cloak, three cloth aprons, two muslin aprons, two check aprons, two shifts, and a pair of new leather pumps, and many other articles, three double handkerchiefs, and a single one.
Q. To what amount was the value of the things that you lost? - To me they were worth about four pounds, and likewise to my daughter.
Q. Have you any reason for suspecting the prisoner for taking them? - I never see him in my life, till I saw him at the justice's; the man that was with him, was the person that I suspected; as to this young man I never saw him with my eyes, till I saw him at the justice's.
Q. Have you ever found any of your property again? - Yes, the cloak and the muslin apron, that was pawned, the rest was sold in the fair, as I was informed.
Q. Do you live with Mrs. Fairbridge? - Yes.
Q. Was you at home, on the 20th of September? - No, I went out to Mr. Barnes's, No. 63, in the Old-bailey, I went out between six and seven that morning.
Q. When did you come home? - About seven that night.
Q. What did you lose? - I lost one cotton gown, and a petticoat, and two aprons, and two shawls, and two pair of stockings.
Q. You do not know any thing of the robbery? - No; but I am positive the boxes were locked, and the gown hanged on the pegs.
I was going through Smithfield, exactly either the last day or the second day of Bartholomew Fair , and I met that John Tomlinson by accident; he asked me where I was going to? and he took me into a public house, and treated me with a pint of beer; and I asked him whether I should go with him? and we went together to St. Giles's, and he asked whether I was a mind to go on Spice?(that is on foot pad robbery) I told him I was willing; he asked me where we could get a pistol? I told him I could get one for nine pence; he said he could get one and a cutlass. Accordingly he came to me the next day, (I lived in Twister's-alley, Bunhill-row) he came to me, and we discoursed on matters, and
Prisoner. I never see him with my eyes, before he came up to Lambeth office, to swear against me; that man's oath is not to be took in court, he hath perjured himself in every argument; I am innocent of every that is said against me; I have no question to ask him, because I do not know him: it is hard for one man to be admitted an evidence when one is took in a misdemeanor; he would hang twenty men to secure himself.
ISRAEL DAVIS sworn.
On the 20th of September, Tomlinson and Stacy they came in my house, about one o'clock in the day time, or half after, as near as I can guess, and they asked me whether I would buy some clothes? they had got them bundled up in two handkerchiefs; they shewed me the clothes, and I bought them; there was three cotton gowns, two cloth aprons, two coloured aprons, two shirts, one pair of pumps, and two half shawls, and a half else muslin handkerchief; I cannot tell how many there was; I gave them five and forty shillings for them.
Q. Are any of those things here? - Yes, some of them; I took some of them and pawned them; there is a cloak and muslin handkerchief, as I pawned them in the Minories for eleven shillings.
Q. What time of the day was it that you received them; About one o'clock, as near as I can guess.
Prisoner. I would be obliged to you to ask him when that property was brought to his house, whether he knew it was stolen before he bought it?
Court. That will not help you.
Prisoner. I bought them things accidentally.
Court Do not add perjury to your crime.
I am a pawnbroker; I produced a cloak, apron, and handkerchief, pledged on the 20th of September; I did not take that myself; it was pledged in the name of Davis; I attended the office with cloak and apron, and it was bound over.
I was at the apprehending of Davis's after he was apprehended he told me where some of the property lay, where he had pawned it; I was with him at Mr. Matthews, in the Minories, Mr. Thurston took them.
Court to Thurston. Do you live with Mr. Matthews? - Yes.
Q. You told me that you did not take them in? - I did not take them; I produced them.
Court. Leave all the things there.
I know no more than apprehending William Stacy.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
579. JOHN TOMLINSON was indicted for feloniously making an assault, in the parish of Enfield, on Samuel Alliston , on the 7th of October , and feloniously taking from his person and against his will, a metal watch, outside case covered with tortoiseshell, value 2l. a metal seal, value 2d. a pair of silver buckles, value 10s. thirteen shillings in money ; the goods, chattels, and monies of the said Samuel Alliston.
Q. Was you robbed at any time? - Yes, last month, the 7th of October.
Q. At what time? In the day time or in the night? - On the 7th of October I dined with a friend, at Tottenham, with Mr. Dermer; in the evening he sent me home in his chariot, from Tottenham, about seven miles and three quarters from London; in the Edmonton road the chariot was stopped; I did not see any person.
Q. Was you alone? - Yes, I was alone. Presently the door opened, the steps were let down in a great hurry, up jumps a person in a great hurry, and put a pistol to my head, said, that if I did not deliver all that I had -
Q. Of course he asked for your money. - He demanded my money with the horridest oaths and imprecitions that ever I heard; I put my hand in my pocket, and I gave him all I had in my hand; he went to the light and see it was silver, and he came back again, and said, give me more; I put my hand in my pocket and gave him some more; he said again, give gold, or I will blow your brains out directly; I gave him all I had, I told him I had no more; he said, give me your cloak; I said, take it; he said, give me your watch; I said, take it; he says, you have silver buckles in your shoes, give me your shoes; I said take them; he took the right shoe, and I gave him the left. He shut the door, he went and robbed the coachman with the same behaviour, and then he took away the shoes and buckles.
Q. I suppose by this he was on foot? - Yes, he was on foot. I heard a voice say, give the gentleman his cloak, do not take his cloak; with that he comes to the door and opens it, and throws my cloak in, cursing and swearing again, and then takes my buckles out of my shoes, and throws my shoes in through the glass of the carriage, that it broke the glass all to pieces, cut my face, and broke the second window, he threw them with such vengeance.
Q. Have you any idea that the prisoner was the man? - I know his voice and his appearance, but I do not know his features; I have no doubt of his being the man, but I cannot swear to his features.
Q. Was it dark or light, or how? - Being the 7th of October, six weeks ago, it could not be dark about half after six; yet it was so dark, that I could not distinguish persons near; the reason of that was, it was between the shades of high trees.
Q. How long might he stay with you? - I cannot tell, because I was in such a state as I never was in before; I could not count the time; three or four minutes perhaps.
Q. When you say you saw him by your bed side, you mean the impression was on your mind? - Yes, his behaviour was so dreadful; I have wounds in my face, but whether it was by the glass or with his pistol, I cannot say; such was the confusion of my mind at the time.
Q. Did you find the watch again and the buckles? - Yes, they were found in the hands of the pawnbroker; and I have seen them, and swore to them.
Q. How soon after did you see the prisoner in custody? - They came down to me on Saturday morning, to let me know that they had taken him on Friday night, after he had robbed me on Tuesday night.
Q. When you saw him in custody, what was your belief then? - The same as it is now; I knew him the moment I see him, but his features I cannot swear to.
Q. The other man you did not see at all? - I did not see him. They told me at the office where I was, that such was the character of those that robbed me, that it was well I made no resistance, if I had I should have been dispatched.
Prisoner. I wish to ask the gentleman whether I was the person that opened the chariot door? I never robbed a man on the road in all my life.
I am an officer; I received the buckles from Davis, the witness, the 10th of October.(The buckles shewn.)
Prosecutor. These are my buckles.
ROBERT COOMBES sworn.
I am an officer; I have got a watch I got from Davis, the witness, the 11th of October.
(The watch shewn.)
Prosecutor. This is my watch.
ISRAEL DAVIS sworn.
Q. You delivered a watch and a pair of buckles to Coombes and Griffiths, where did you get them watch and buckles? - I received them from Stacy and Tomlinson, on the 8th of October.
Q. Did you receive any thing else at that time from them? - No.
Q. What did you give them for them? - Twenty shillings.
Q. They are the same that has been produced? - Yes.
Q. Tomliuson was by when you received them? - Tomlinson came to my house, and told me of them, and I went with him to a room in Spitalfields, and Stacy and Tomlinson sold me them buckles and watch, when I had them I went home with them, and I took the chases and tongues out of the buckles the same as they are now, before I sold them at Davidson's shop, in Houndsditch, and the watch I put in pawn for fifteen shillings, at a pawnbroker's shop in Whiterow, because I could pawn it for more than I could fell it for; On the 17th of October I went along with the officer to fetch it out and I delivered it to the officer.
Court to Coombes. Where did you go to get the watch? - At a pawnbroker's, the name of the street I do not know.
Court. I hope bad as you have been, that you are now going to speak the truth; if you take away that man's life you know how much you increase your guilt. Tell us the truth? - As I told you before,
Q. Whereabouts was it? - It was between Edmonton and Enfield, about a mile on the other side of Edmonton. Then, as we agreed, I jumped from behind the carriage and catched hold of the horses head on the right hand side, and John Somlinson, as soon as it was stopped, went to the door and demanded the gentleman's money; and he robbed him of his watch, and a pair of shoe buckles, and seven shillings in money, as he told me, then he forcibly pulled the gentleman's cloak from his back, and it fell down on the ground, and as soon as Tomlinson had shut the door, I thought he wanted nothing else; I told the coachman to drive on, and he called to me, d-mn your eyes, I will rob the coachman; I said, I would not rob the coachman; he says d-mn your eyes, you are no man to go and leave me, I told him I did not want to leave him; so we went to the coachman and demanded his money; the coachman threw out a crown into my hat, whether he threw any thing into Tomlinson's I cannot tell, I was then going to make my escape across the fields, as we were going by, we see the gentleman's shoe lay on the ground, he took it up and threw it through the glass of the coach. We got home to Spitalfields about one, o'clock that night; in the morning, Tomlinson, or one Greaves, that was in the room, went to Mr. Davis's, and he came, I was in bed at the time, and I produced him the property from the bed, and I asked him thirty shillings for them; and he agreed to give me twenty shillings, and Tomlinson had half the money.
Q. Do you know any thing about the gentleman's cloak? - Tomlinson took it off the gentleman, and it fell down on the ground, and he afterwards threw it in the carriage, before we left the place.
Q. The buckles and the watch are the same that you gave to Davis? - I can swear to the property if I see it again, I know the watch by the upper rim, the tortoiseshell is all knocked off, or wore off.(The buckles and watch shewn) This is the very same watch, and these are the buckles, but the tongues and chases is knocked out.
Prisoner. The man's character is so bad that he would swear any thing to save himself, he received four hundred lashes at Chatham, and deserted two nights afterwards, he is a deserted, in every regiment within fifty miles of the country. I am innocent of every thing that is laid against me; I never robbed a man on the road, never broke a house open, in all my life; if his shirt was stripped up, the marks would be seen on his back.
Stacy. You seem very willing to convince any person that what I say is false.
Jury. Was you ever tried here, in the Old-bailey? - I was once, it was on suspicion of robbing my lodgings, but I was innocent of it, and cleared.
GUILTY Death . (Aged 21.)
Tried by the first Middlesex Jury before Mr. Baron HOTHAM.
WILLIAM WILEY was indicted for burglariously breaking and entering the dwelling house of Samuel Phillips , on the 28th of September , and feloniously stealing therein, half a pound weight of cocoa, value 1s. 3d. the goods of the said Samuel Phillips.
Q. Are you a house-keeper? - Yes.
Q. In what manner was you robbed? - On Sunday evening, the 28th of September, about four o'clock in the afternoon, me and my wife went out.
Q. Did you take any body with you? - No, only me and my wife; we returned home a little after eight o'clock.
Q. How were the windows? - They were all shut up, and the doors.
Q. Was it light or dark when you returned home? - It was quite dark; I found the doors just the same as I left them.
Q. Did you find any violence after you came home? - After we had been home, we thought we heard some body in the shop; we were sitting in the parlour, by the fire; the shop and parlour is all on one floor.
Q. When you came in you shut the door after you; you saw the house was shut up? - Yes; there was a light in the room but not in the shop; and when I heard a noise in the shop, I saw the prisoner at the bar in the shop.
Q. How could you see him in the shop? - Through the sash of the door; when I saw him I got up from the chair and pursued him; I suppose he heard me get up from the chair; I went to the shop door and see a man with his back towards the house, in the street, against the wall; then I went to him, and I said, my lad, what business had you in the shop? he said, he had not been in my shop, he did not know where my shop was; so I went and put my hand into his coat pocket, and forbid him to move from where he was standing; he then made a jump and dropped the cocoa, and ran away.
Q. Did you see the cocoa drop? - Yes, I see it drop; with that I picked up one of the parcels and pursued him.
Q. Did you see both of them drop? - Yes, I saw both of them drop; so I pursued him, and took him about a hundred yards from my shop, when I took him I charged an officer with him.
Q. Had you kept the cocoa from that time to this? - Yes.
Q. How do you know that to be your cocoa? - I believe it to be mine; I had only two parcels in the shop window.
Q. How were these two parcels in the shop window, were they papered? - Yes.
Q. Was this the same sort of paper? - Yes.
Q. Was there any writing on the paper? - Yes.
Q. Can you swear to the writing? Was there any writing of your's? - No, but I know the night before I left it there, and put it up myself in the window, and this is the same writing.
Q. Can you form any judgment how he got in? - No, I cannot form any idea of it.
Q. Did you leave your door? - I latched the door after me.
Q. Are you quite sure? - Yes.
Q. Did you latch it yourself? - Yes.
Q. What is the value of this cocoa? - Fifteen-pence.
Court to the Prisoner. Have you any question that you wish to have put to this witness,? - No, none at all.
Q. Where is this cocoa? produce it.(The cocoa shewn.) Did you find it in the same state by the prisoner? - Yes.
Q. The jury must see it. (Shewn to the jury.)
Q. Was there any thing else missing? - No.
Jury. Is there any body to his character? - No.
Court. Now is your time to make your defence.
Prisoner. I was walking down that street that night, and a man run up against me, and I picked up them bundles, he was going to strike me; I had one of them bundles in my hand, I dropped it and run away from him; I have no witness to my character; my mother has been here all day, but she is gone home now.
Court to Phillips. Was he ever out of your sight? - He was a little time, but not long.
Of stealing, but not breaking open the house. (Aged 12.)
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
580. THOMAS BROWN was indicted for feloniously breaking, and entering, the dwelling house of Richard Spicer , about the hour of twelve in the forenoon, on the 27th of September , no person being therein, and stealing from a bureau, sixteen shillings , the monies of the said Richard Spicer.(The case opened by Mr. Mitchell.)
I am a little bit of a farmer.
Q. What happened on the 27th of September? - I was gone out and my niece was gone out, and Thomas Brown took an opportunity to get in at the window.
Q. When you came home what happened? Who did you meet? Who was at home when you returned home? - I left my house-keeper at home.
Q. Was she at home when you returned? - Yes.
Q. Did you leave your bureau safe on the 27th of September in the morning? - It was locked, and I had the key in my pocket.
Q. How was it when you came home again? - I did not find what was the matter till one of my nieces came home from North-hall-statute, I found the bureau was unlocked and sixteen shillings was taken out.
Mr. Knapp. How much money had you in your bureau? - One guinea in silver.
Q. How much more? - I cannot say that I had any more than that.
Q. How long before was it that you saw it? - That morning before I went out.
Q. What happened on the 27th of September last, in the house of Richard Spicer? - My uncle went out in the morning, and left me as usual, and he locked his bureau, and I went out about a quarter past eleven, and I bolted the back door, and I locked the front
Q. When you returned, what did you perecive? - I perceived nothing, I unlocked the front door as usual, and not having occasion to go out at the back door, I did not perceive any thing, till my kinswoman told me; then I was in the kitchen.
Q. Is there a bureau in the kitchen? - Yes; but I did not examine it, because my uncle he always locked it, and kept the keys to himself; the drawer being shut, I had no business to examine the drawers; I knew that he had locked them in the morning, I saw it was shut as he left it, and locked, for all I know.
Q. You are niece to Richard Spicer, the prosecutor? - Yes.
Q. Did you go out of his house on the 27th of September? - Yes; I was going to North hall statue; I thought it might be agreeable to accompany my aunt there, as I heard she was a going; and sitting at the front part of the house, I saw a man in the house, and standing with the door in his hand, as if he was a going out; I directly tried the front door, and finding the door was fast, I expected he was on some business.
Q. Who was the man? - Thomas Brown, there he stands.
Court. What door was it he had in his hand? - The back door; then finding the front door fast, I tried the wash-house door and that was open.
Q. Did Thomas Brown see you? - Not that I know of; then I opened the wash-house door, and saw him going out at the back door, and shutting the door after him, and he went across the garden; feinnu him go to the pale to get over, I spoke to him, and asked him where the people of the house was? I called him by his name lays I, where are all the people of the house? are they gone to bed, or are they gone out? he said, your uncle is at the bottom of the garden; I went to the bottom of the garden, not finding my uncle there, he answered me again, and said, that my aunt was gone to a neighbour's, if I did not know, he would go and shew me where; I answered and said, it does not signify; I directly went out, and I asked him if he was going to the Statute? he said he was not.
Q. Did you tell Richard Spicer that you saw the prisoner there? - I did not directly; I met with my aunt first, I asked her whether she had found the house as she left it? she said, yes, for any thing that she did know; I desired that she would go and look in the drawers, and see whether every thing of my uncle's money was safe in the house.
Q. Did you go with your uncle into the kitchen? - Yes, I fetched my uncle out of the yard and went into the kitchen with him.
Q. What did you discover there? In what state was the bureau at that time? - The drawer stood a jar, and he took out a little box that was in it; he said; there was one guinea's worth of silver in that drawer; he said that before he opened it; and then on telling of it, he missed sixteen shillings out of it.
Mr. Knapp. You knew the prisoner at the bar before? - Yes.
Q. He lives in your neighbourhood? - Yes.
Q. What business was he? - A carpartner.
Q. You thought this was extraordinary seeing a man in your uncle's house? - No, I did not think it extraordinary to see him in the house.
Q. The prisoner was searched, was not he, when he was taken? - No, he was not as I know of.
Q. Do you know whether he was ever searched at all? - No, I do not know that he was.
Q. Is the constable that apprehended him here? - No, he is not.
Q. Now after this had happened, and you had seen him in the house, you went to the statute with him? - I went to the statute, and he went with us, by the side of us.
Q. Was there any female with you? - There was my fellow servant, a man with me.
Q. Did the prisoner happen to get in the company of any other person? - Yes, he left our company before he got to the fair.
Q. I believe you did not say any thing about this till the next morning? - The night I hastened home from the statute, to tell my uncle what I had seen.
Q. Did you say so before the magistrate? - Yes, I am very sure of that.
Q. Are not you rather mistaken in that? - No, not at all.
Q. Did you ever mention it before you went before the magistrate? - Yes, I did, that night.
Q. The sixteen shillings was all the money that was lost? - Yes.
Q. And that hath never been found - No.
Q. How long has this young man lived in this parish? - Ever since he was an insant; he was bred and born in it.
Q. I believe he lived where he did at the time he was apprehended? - Yes.
Q. He was there the next morning, was not he? - He was taken the next morning in the same parish, and near his own house.
Q. Did not you think that was pretty odd? - No, I did not think it odd, as we did not make any stir about it.
Q. You know you did afterwards make a charge of him for stealing this money - Yes.
Q. Still he came home to his own house? - Yes.
Q. What is his father? - A carpenter.
Q. He hath lived there a great number of years? - Yes.
Q. Is not his father a labourer? - Yes, he is, he is past his own business, and lives in that parish, and hath done so a great while.
Prosecutor's Counsel. I think you say that he attempted to secret himself when he came out of the house? - He did at tempt to get out of the pales.
Q. Did he see you at that time? - He did.
Q. To Specer. Did you know the prisoner at the bar before this time? - Yes.
Q. Had you employed him that day? - No, he has not done any thing for me for a twelve month.
I am a carpenter in Tottenham-court-road, I know the prisoner at the bar very well.
Q. What business doth he follow? - A carpenter.
Q. How long have you know him? - Between five or six years, he lived at Enfield with his father; as to his character, I have
I am a carpenter, I live at Enfield- town, I have known him for this four or five years, I have known him for this five years or thereabouts, he worked for me as long as I had any thing for him to do; there was great property he might have taken if he chused, I never missed any thing nor see any thing dishonest of him yet.
I am a weaver, I live in Bethnal-green' I have known him from his infancy, his character unto this time, has been always just and honest, and I believe there is not a person can say that ever he was brought into a court before, on any misdemeanor in his life.
Court to Ann Spicer. When you said the wash-house door was open, do you mean it was standing open? - No, it was unfastened.
Not GUILTY .
582. WILLIAM ARCHER was indicted for burglariously breaking and entering the dwelling house of Richard Pooley , about the hour of four in the night, on the 18th of September , and feloniously stealing therein, two linen sheets, value 16s. four cotton bed curtains, value 10s. two pair of fustian breeches, value 6s. two pair of silk and cotton stockings, value 4s. and two linen table cloths, value 2s. the goods of Richard Pooley .
Q. Your son or your servant? - My servant boy; I jumped out of bed, and I asked my boy which way he was gone? he said down the lane; I went after him, I saw the glimpse of a person before me, with a bundle of clothes.
Q. Who was the person you saw, was it the prisoner? - I cannot say; I met with my clothes that I was robbed of.
Q. Did you see that person drop them? - No, I never see any body drop them.
Q. How far from your house was that? - About a hundred yards.
Q. Was it a bundle, or how? - It was wrapped up, and it proved to be my property.
Q. Did you carry them home? - Yes, I carried them home, and have kept them till now.
Q. Was it light or dark? - About ten minutes before five, it was light enough to know if I had met a man.
Q. What was there in the bundle? - There was two pair of sheets.
Q. I see in the indictment it is for stealing two sheets? - Two pair of sheets,
Q. You did not take the prisoner? - No, he was taken some days afterwards.
Q. How many? - I really cannot say.
Q. How is that you know the prisoner robbed you? - I do not know it; my lad that lay in the room, knew him, he was in my house the night before the bundle was dropped.
Court to Prisoner. Have you any questions to ask this witness? - I would wish to ask how many days this was before I was apprehended?
Pooley. I cannot say; I look upon it it was seven or eight days, the officer who apprehended him is here.
Q. Have you ever been taught your catechism? - No.
Q. Do you know what will become of you if you take a false oath? - When I die I never shall see God Almighty, I shall go to Hell.
Q. You sleep in the house? - Yes.
Q. Did you sleep there in September last, the day they robbed him? - Yes.
Q. What day was it? - It was Thursday morning, about ten minutes before five o'clock.
Q. What happened? Tell me what passed? - I remember a man coming into my room, and taking a bundle of clothes away.
Q. Where do you sleep? - In the one pair of stairs, over the parlour.
Q. What happened then? - I saw a bundle of clothes under his arm.
Q. That awaked you I suppose? - Yes.
Q. Who was that person that awaked you, and walked about the room? - I cannot say, I did not see his face.
Q. Did you get up then? - No.
Q. You did not get up at all? - I did not get out of bed, but after the man had chucked out the clothes, I hallooed out halloo.
Q. What happened after that? - I saw a man take a bundle of clothes, and I see him chuck them out of a one pair of stairs window, and then I asked him what he did there? and he said ask my a-e, you young thief; then he jumped out of the window.
Q. How far is that from the ground? - One story, the first floor, he jumped off the parlour window, joining to my bed-room window.
Q. How far did he jump then? - I cannot say how far he jumped, it is one story.
Q. That must be some feet, must it not? - Yes.
Q. Five or six feet? - Yes; then I see him pick the clothes up and run round the corner of the house.
Q. Do you know whereabouts the clothes were picked up by your master? - No.
Q. Did you see his face? - No, I see his coat, but not his face.
Q. Can you say that man is the man that was in your room? - No, sir.
Prisoner. I wish to ask this boy how he came to see me run round the house, when he did not get out of bed?
Court. You said you did not get out of bed when he was in the room? - No, I did not.
Q. Did you get out after? - Yes.
Q. How soon? - Directly after seeing him run round the corner of the house, then I went and called my master up.
Court to Pooley. Was any thing found on this man belonging to you? - No, nothing at all.
I am one of the officers belonging to Worship-street, I took the prisoner up.
Q. When did you take him up? - On the 22d of September, on a Monday.
Q. Where did you take him up? - In Silver-street, Bethnal-green.
Q. Have you any thing more to say about it? - I found only Woodhouse and him together, I took him up as a deserter, he belonged to an independant company of Captain Hendergrose's, at Chatham,
Q. What age are you? - Thirteen.
Q. What punishment is there in the world to come if you tell stories? Where do they go in the world to come that tell what is false? - I do not know.
Q. Have you ever been taught the catechism? - No.
Q. What is the punishment for bad boys in the world to come, do you know? - No.
Court. You will acquit the prisoner as there is no evidence against him; these boys cannot be sworn if they know of no punishment hereafter.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
983. MARY TURNER was indicted for burglariously breaking and entering the dwelling house of Jeremiah Miles , and burglariously stealing therein, a window curtain, value 1d. the goods of the said Jeremiah Miles .
Q. Was your house ever broke open? - Yes, on Monday morning, the 26th of July last, about three o'clock, I heard the glass break of the window in a back room, that I made for the convenience of my business.
Q. Did it at all communicate with your house? - Yes.
Q. Was this the room that you left the curtain in? - Yes, it was. I heard them break the glass, and I thought it might be the cat, my wife stared and wished me to get up; I got up, and then I saw a woman at the window, and she said, d-mn you, who are you? and she said, she was not afraid of any bloody b-gg-r, to the best of my recollection. In consequence of that the prisoner went from the window, and I ran after her, and I followed her, and she got about three doors from my house, then I caught her, and called the watch; the watch came; I went in doors and dressed myself, and then went to the watch, and gave charge of her.
Q. Had she any thing on her? - I did not suppose she could have any thing on her, and when I had given charge of her I came home; my wife said she had took the curtain, the shed curtain, which was a curtain to keep any person from looking in; I went back to the watch-house, and the prisoner had it on her, at the watch-house.
Q. Had she it in her pocket? - No, she had it in her lap; she was down in a hole, in confinement.
Q. Was it so dark as not for her to know what she was about? - I cannot take on me to say, I was very much confused.
Q. Was it light at that time of the morning? - It was about break of day, there was light enough to see any person.
Prisoner. Sir, I went to an acquaintance of mine, and I drank a little drop more than I should, and I lost my way; I do not know any thing at all about it, to the best of my knowledge.
GUILTY, Of stealing the goods, but not breaking the dwelling house . (Aged 32.)
Imprisoned one week in Newgate , and fined 1s.
Tried by the first Middlesex Jury before Mr. RECORDER.
I am the widow of a butcher, in Tothill-street, Westminster.
Q. Did you lose a wether sheep any time? - Yes, I lost a wether sheep on the 16th of October, on a Thursday.
Mr. Knowlys. This is an indictment on the statute for stealing and driving away a live sheep
Court. This was dead? - Yes, it was dead, and hung at the door.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
Q. Did you see the prisoner take any cheese? - I did not.
Q. How came you to know it was missing from the warehouse? - I missed it about ten minutes I suppose after it was taken; we are in the habit of exposing the cheese at the door; this cheese was there exposed on the side of the door, in sight of the people that pass.
Q. Why did you charge the prisoner with having this cheese? - I do not charge the prisoner; I know no more than that; the cheese stood on the pile, on Wednesday morning, and I missed it on the evening; it was there the whole of the day till dusk; I was entertained in the evening by two or three customers, and afterwards I turned my eyes and missed this cheese.
Q. Did you ever see the cheese in the prisoner's possession? - I have not.
Q. Did you ever get the cheese back again? - I saw it at a public house facing the office, at Queen's square, the sign I do not very well recollect.
Q. What King-street, Westminster, near the Abby? - Not a great way from the office, perhaps two or three hundred yards.
Q. Do you know that cheese again?
Mr. Knowlys. Your neighbours do now and then play the trick of running away with your cheese? - Yes, they are apt to buy a cheap bargain now and then.
Court. We must not hear what you was informed; what did you do in consequence of that information? - At the corner of Castle-yard I saw the prisoner with the cheese in his bag, about a quarter after nine in the evening.
Q. How far is that from Mr. Whitwell's warehouse? - I suppose it may be half a mile.
Q. What did you do then? - I took him in custody, and took him into a public house facing, and the property with him.
Mr. Knowlys. You saw this man the day after the cheese had been stole? - Yes.
Q. Did not the man desire you to go to another public house? - No.
Q. He told you that he had found it, or it had been delivered to him by somebody to carry it for them? - He said so at the office the next day.
Q. How near was he from his own house? - It was some distance from his own house, about a quarter of a mile from his own house.
Court. What is his business? - He drives a cart about the street; he is a carmas.
I am an officer belonging to the public office, in Queen square.
Q. Was you present when this cheese was taken from this man? - Yes, I know nothing more.
Q. In what street did you stop him? - At the corner of Castle-yard.
Court. Was this in a cart? - No, it was in a sack on his shoulder.
Prisoner. I leave it to my counsel.
Court to Ellis. Look at that cheese; what was the mark you spoke to? - T. W. and another mark that was put on it when a sample of it was carried to a lady's house.
Jury. You may have sold other cheese with that mark? - Yes, but there was none damaged round like this, and there were none sold for a day or two, but what went in the country.
Q. Is there no other person in the shop that serves besides you? - Not that day, there was nobody sold on the 15th but me, it was missed on the 15th.
The prisoner called four witnesses who gave him a good character.
GUILTY. (Aged 29.)
Judgment respited .
Tried by the second Middlesex Jury before Mr. RECORDER.
Esther Warr to steal .
Q. Do you remember any thing happening at your mother's house, the 27th of October? - Yes, About a quarter past seven, I was up at work in a two pair of stairs room, next door to where my mother lives; but at that time my candle being just gone out, I accidently opened my front window, and by the reflection of the light which was in the lower apartment, I observed two men standing almost opposite, and I evidently heard one say to the other, now! now is the time! I see them both directly run across to my mother's door; and, as I thought they were going to do something that was wrong, I immediately ran down stairs, to go to my mother's door; and when I came to my mother's door the street door was open, and the outside door of the apartment was shut, which outside door of the apartment I am certain I double locked when my mother went out, which was about five o'clock the same evening. I put my hand to the handle of the ketch of the door, and it opened immediately; I went into the apartment and saw the prisoner in the front room, as if he was coming from the back room; I then immediately caught hold of him; on which a scuffle ensued, which brought us into the passage; he then called out, as if to his companions, murder him! murder him! murder him! I directly called out, and some neighbours came, and by their assistance he was secured till the officers, who were sent for, came and took him.
Q. Did you see any thing of the other man? - I see no other but the man that I saw before that gave are the suspicion.
Q. Did you see the other man when you went to your mother's? - No.
Q. When your mother went out at five o'clock, did you fasten the outer door? - I am not certain, I think not, because there were lodgers in the one pair of stairs.
Q. Was there any light in the room where you found the prisoner? - In the front room there was a very good fire, because my coat, in which I had been out with in the morning when it was wet, was hanging there to dry.
Mr. Knapp. I understand you to say that the prisoner at the bar was searched, and no arms found on him, nor any picklock keys? - There was a picklock key that was found broke in the lock, which the officer has got.
Q. Does your mother live in this house? - She does, she occupies the whole of it, and lets out the upper part.
Q. When did your mother go out? - About five o'clock.
Q. When did she return? - I cannot be particular.
Q. Was she out an hour? - More than an hour.
Q. If these men lodge in the house they must come by this door to come out of the house? - They must.
Q. Are these lodgers here? - Yes, one that lives on the first floor.
Q. No property was lost? - No, not any thing.
Q. Does your mother live in this room herself? - She does.
Q. You perhaps have heard, either before or since you came here, that there is a reward if this man is convicted? - Yes, I have heard that.
Q. You would be entitled to a share of it, if the Recorder thought sit. Is your mother a married woman? - She is a widow.
I am a headborough.
Q. You was called in? - Yes. After we took the prisoner into custody, and he was committed, I went to the house, and in the lock of the door I found this piece of a blank picklock; I was obliged to take the lock off to get it out. After that we went backwards into the yard, and saw the print of the feet of two men that had made their escape out backwards, as we were informed. Here is a knife and key, and brush, and this instrument, that I found on the prisoner, whether it is for shooting peas, or what, I cannot tell.
Mr. Knapp. So the prisoner was searched I understand? - Yes.
Q. And nothing was found on him? - Yes, these things.
Q. Nothing but the pea shooter, the knife, and the brush? - That is all that is found.
Q. You know if this man is convicted there is a forty pounds reward, Mr. Thief taker? - Thief taker! I have done my duty.
Q. You know there is a reward? - To before there is.
Q. And you will be entitled to a part of it, if he is convicted? - That I cannot say.
Q. You say you found the print of two persons feet in the yard, that you was informed had made their escape? - I did say so.
I was with Ford at the apprehension of the prisoner at the bar, the 27th of October.
Mr. Knapp. You will be entitled to a part of the reward; you only come for that, I suppose. There was nothing lost, nor nothing found. -
GUILTY . Death . (Aged 23)
Tried by the second Middlesex Jury before Mr. Baron HATHAM.
Q. Do you remember the prisoner at the bar coming to your house the 22d of September? - Yes, I do, she had a pint of beer, I had been out after the pots and it was eleven o'clock when I came in, she had been in before that, she went to go out, and I told her she had not paid for the beer; she said she had paid my master; my master was in the cellar, I called down to my master, and he said she did not pay him; and she went out, and I followed her out, and brought her to the rails, and I said, sir, has this woman paid for the beer? and he said no; by that time he came up; then she paid him for the beer,
I keep the Carpenters Arms.
Q. Do you remember the circumstance when your servant called you up? - I do, it was on the 22d of September; she came in and called for a pint of beer, in my house, I dare say she might be there an hour, she made an altercation about a pint of beer, and my man called to the cellar window, and I came up, and I asked her, when I came up who she had paid for the beer? she said, somebody; I said, you have not paid for it and you must pay for it, and she did pay for it, and I saw something bulge out, and I said to my servant, see what that is, and I saw it was one of my pots, and I marked it as well as the man, I put I. S. on it; and I have had it under lock and key ever since; I have not mixed it with any other.
GUILTY . (Aged 50.)
Imprisoned six months in the House of Correction to hard labour , and fined 1s.
I am a sailor .
Q. Did you lose any thing lately? - Yes, on the 18th of October.
Q. What countryman are you? - Norway.
Q. Where did you meet with this woman? - In her own house.
Q. How came you there? - I came in to call for a little liquor.
Q. Does she keep a public house? - No.
Q. How came you at her house? - I just went past there, and so I went in.
Q. What time of the day was it? - It was twelve o'clock in the night.
Q. How long did you stay there? - About two hours; she asked me to send for some liquor; I gave her five shillings to go and fetch some liquor; she came in with it; after that I gave her a guinea to go out and get change; she came in as before, and put the change on the table, after that she took it all in her own hand, then I said, you must keep that; after that I was going to sleep there, in the time I was sitting undressing myself she came and sat along side of me, and while she was sitting there she put her hand in my pocket, and took a guinea and a half out in gold, and five shillings in silver; I saw it, and I asked her what she was going to do with it? she gave me no answer; I went to go out at the time, and I saw that she had my handkerchief, and she asked me to come and get it again; I said no, and then I went out and called the watchman, in time he came, and I went and knocked at the door, and she said, who is there? I said, it is me; I thought she would
Q. Did you get your money and handkerchief again? - When we came in I asked if I could have my money again, and handkerchief? and she took and throwed the handkerchief on the floor, and said, there you have got your handkerchief; I would not take the handkerchief; the watchman has got it.
Q. Did you get your money? - No.
Q. Was she searched? Did you find your money on her? - No, she was not searched.
Prisoner. I would ask him if he did not give me the handkerchief to hem and to mark, against the next day? he was a gentleman that I lived with about four months, almost five, before he went to sea.
Court to Prosecutor. Have you lived with that woman before you went to sea? - Not more than one night, and that is a year ago.
Jury. Was you sober? - Yes, I was as sober as I am now.
I am a watchman.
Q. You was called into this house? - Yes.
Q. Where is the house? - In Hermitage-yard, close by the Hermitage, the prosecutor came to me about ten minutes past one, and says, watchman, I have been robbed of gold and silver, and a handkerchief; I asked him where? he pointed to the place (here) I went along with him to the house, he knocked at the door some time; she refused to let him in, at last she opened the door, and I went in, and he gave me charge of her, for robbing him of gold and silver, and a handkerchief, and she threw the handkerchief at him, but he did not take it; so I took it, and took her and the handkerchief to the watch-house.
Q. What house was it? - A house of bad same, for girls of the town.
Q. Did you search her? - No, it was too late to search her.
Q. You a watchman, and took this woman on this charge, and not search her? - No, we do not like to search them, the officer of the night searches them.
Jury. Was she searched at the watch-house? - No, the officer of the night locked her up immediately as the prosecutor gave the charge.
Court to Pearson. Is that your handkerchief? - Yes.
Hedge. She told me that she took the handkerchief of this man for to hem and to mark.
Jury. Pray was the handkerchief hemed? - No, it is not.
Q. Have you had it in your possession ever since? - Yes.
Q. Was the prosecutor sober or in liquor? - He was not in liquor, he was very sensible.
Q. Was he drunk? - No, he was not drunk, he was sober; but in these houses if a man sends for five shillings worth of liquor, there is not above one shilling's worth comes in, that is generally the rule.
Prisoner. This gentleman was an old acquaintance of mine, before he went to sea last; and when he came home from sea this time, it was about twelve o'clock in the day, and I was going to dine, I asked him to dine with me, and he did; I asked him to pay me the fourteen shillings and six-pence that he owed me; he said he would when he got money; after dinner he went on board the ship, and came on shore about tea time, and said that he had borrowed a guinea of the captain, and he paid me the fourteen shillings and six
Not GUILTY .
589. CHARLES PORTER and GEORGE GROVER were indicted for feloniously making an assault, on the King's highway, on Jacob Crowder , on the 26th of September , putting him in fear, and feloniously taking from his person, and against his will, a watch, with an inside and outside case made of silver, value 3l. a steel watch chain, value 1s. a metal seal, value 9d. a metal watch key, value 1d. four guineas, and half a guinea, two half crowns, and nine shillings, in monies numbered ; the goods and monies of the said Jacob Crowder .
I am a gardener , I live at Edmonton parish; I was robbed on the 26th of September, going from Southgate to my own house on foot, between seven and eight o'clock at night; going along I met these two men, I was rather alarmed at it, I passed one of them, and I looked the other steadily in the face, and then I wished them a good night; and one of them said something, I don't know what it was; Porter was one of the two men, and that spoke; he drew a stick from his side, and hit me on the cheek.
Q. Had you seen that stick before? - No.
Q. Which of them was it that struck you, then you don't know? - Porter struck me first on my left side, and made me stagger; then I recovered myself again, and he ran before me again, and struck me on the other side with the stick again; then he laid hold of me by the collar, and held up the stick before me; and then Grover struck me over the shoulder with his stick, a very fevere blow; then I said to them, what do you use me in this manner for? for God's sake don't use me so, cannot you take what I have got, and go about your business? and he held me fast by the collar, and said, d-mn your eyes, we will kill you; immediately Porter fetched me a blow on my head, and knocked me down, and then Grover put his hand into my right hand pocket, and took out fourteen shillings, and two farthings, and then he took four guineas and a half out of my other pocket; then Porter says to Grover, have you got his watch?
Q. Was you perfectly sober? - As sober as ever I was in my life, I had been a sortnight running.
Q. Was it dark or light? - It was star light, but they took me between the hedges, rather in the narrowest part of the road.
Q. How does it happen that you speak so certainly as to Porter and Grover? had you ever seen them before? - Yes, I knew Porter before; when I knew him he lodged at the Wool Pack; I think that is eleven or twelve months ago, as near as I can recollect.
Q. Did he know you? - Yes, he knew me, and the other likewise.
Q. How do you know Grover knew you? - They told the justice so when they were taken.
Q. Did you know Grover before? - I had seen him, but did not know who he was; I had seen him about as a working man, many a time.
Q. Was it light enough for you to be able to distinguish the men? - Porter I could distinguish, but the other I could not, because he was in dark coloured clothes; but just as I went to pass them, I looked very hard at Porter, before he struck me.
Q. Do you swear to Porter? - Yes, I see his face when he struck me.
Q. What do you say as to Grover? - He kept all the time behind me, on my left hand side, I never could see his face.
Q. Do you mean to swear to Grover, as well as Porter? - No, I cannot swear to Grover.
Mr. Knowlys. I am for Porter. This happened when you was between some hedges you say? - Yes.
Q. You had not so good a light there this time of the night, as if he had been in a clear open field? you was shaded by the hedges? - Yes.
Jury. Whereabouts did you say this was? - I was coming from Palmer's-green to Southgate.
Q. When did you give information? - I went to serjeant Runnington's the next morning.
Q. Did you mention Porter's name then? - Yes, I mentioned his name; I knew his face, and told them who he was.
Q. Did you at that time say any thing of Grover? - No, I did not say any thing about Grover.
I am an officer; Mr. Crowder brought a warrant to me, to apprehend Porter; I apprehended him on the 11th of October last, at Watford, in the county of Essex.
I am a sawyer; I know nothing of this affair, only assisting the constable in taking the prisoner.
I am a labouring man, I know nothing of this business, only that I assisted the constable in taking of Porter.
Q. To Crowder. How came Grover to be taken up? - Porter confessed that he was the person that was with him.
Court to Mr. Shelton. Is there any consession returned? - Yes.
Court to Crowder. Did you see the prisoner sign that. (The confession shewn him.) - Yes.
Q. At the justice's? - Yes.
Mr. Knowlys. The prisoner was a little in liquor when he did this to you? - No.
Q. Which of them was it? - Both of them.
Q. Were they both sober? - Yes.
Q. Are you sure of that? - Yes.
Q. Did you tell them it would be better for them to give an account of this business? - I said nothing to them in regard to that.
Q. Who told them it would be better for them, that they should tell all about it? - Yes, I did; I told Porter that there were two persons concerned in the robbery, and there must be one more besides himself, and I told him he had better tell of the other party.
Court. That was with respect to Porter? - Yes.
Q. Did you say any thing to Grover, to induce him to tell? - No, he told voluntarily before the justice of peace, without any questions.
Q. And nothing was said to him to induce him to confess? - No.
Q. When Grover was taken, Porter was in custody? - Yes.
Q. Had you not then no conversation with Grover about his confessing? - No.
Q. Why you know the subject of your exhortation to Porter, was, that there were two? - Yes.
Q. He had already confessed; are you sure that when you had a second in your mind, and went to take him, that you did not say to him, you had better confess? - NO, I am sure I did not, to the best of my knowledge; he came to the justice, and I don't think the justice asked him the second syllable, before he up and told the way and manner how they proceeded in taking the watch and money from Mr. Crowder.(The examination.)
"The examination of George Grover , apprehended and brought before me, on the 12th of October 1794; he having heard the examination aforesaid of Charles Porter to him, declared he would tell the whole truth concerning the aforesaid robbery, and voluntarily confessed, That he did aid and assist the said Charles Porter in the aforesaid robbery; that the said Porter knocked the said Crowder down, with his bludgeon; and while Porter held him, he(Grover) took the watch and money out of his pocket, and the next day they divided the money between them; but that David Milton was not there, nor knew any thing about their intention to rob; and that the said Milton did not partake of the money, nor any part of the money obtained by the said watch; and that he, the said Grover, never saw the watch after the robbery, nor ever had any share
I live at Southgate; I have been a publican, I am a butcher by trade; I live on what little money I have. This Porter lived with me about fifteen weeks as a servant, he bore a very good character, when he lived with me and before.
Court. How long has he left your service? - Ever since the 13th of January.
I live at Bow, in the parish of Edmonton; I have known Porter from a child; he has been employed by me, and he behaved himself very consistent.
I live at Southgate; I am a butcher; Grover was a servant of mine, and a very honest lad he was, as far as ever I knew of him.
- WHITE sworn.
I have known Porter all his life, he always bore a very good character; he worked for me high twelve or thirteen months.
I live at Edmonton; I have known Grover ever since he was a boy, and never heard any thing against him in my life.
I live at Bows Farm, I am an innkeeper; Porter lived with me about half a year; he has received money for me; I always found him very honest when he lived with me.
The jury recommended Grover to mercy, on account of his youth and good character.
I am a smith in Great Bath-street. On the 21st of September, Sunday, I left a parcel with Mr. Bruce, who keeps a ballast lighter, at Wapping, to be delivered to captain Anderson; in which parcel was the ring; I afterwards heard it was missing, and by that I made enquiry about; I applied to the public office and saw a ring, which by the inseription on it, I found was the very ring that I left with Mr. Bruce, in the parcel.
I am a pawnbroker; I have got a ring; on the 22d of September, the prisoner at the bar offered to pledge it at my shop.
Bruce. This is the ring that I put in the parcel.
Not GUILTY .
ELIZABETH BULLER and ALICE BULLER were indicted for stealing, the 19th of September , a watch, with an inside case made of pinchbeck and an outside case made of tortoiseshell, value 10s. a base metal watch chain, value 1s. a pair of silver shoe buckles, value 10s. two silver tea spoons, value 3s. a white counterpane, value 3s. a set of white and blue bed furniture, value 5s. two miniature pictures, value 4s. and three chair covers, value 2s. the goods of Edward Bullock .
I live in Tabernacle row, in St. Loke's parish ; I have an independence of my own; I missed my property, some part of it, about the 18th of September, that day I missed a white counterpane, or a bed quilt, and a set of blue and white furniture for a tent bedstead. On the 19th. I think it was I missed some other property, I missed a watch, a tortoiseshell case one, with a metal inside case; a pair of buckles, silver; two silver tea spoons; I afterwards missed some miniature pictures, the number I cannot ascertain, I believe three or four.
Q. Where did you miss all these things from? - Out of my dwelling house.
Q. Have you ever found any of your property again? - Yes, I have. After I had missed my first property, on looking over my drawers I found a sheet, which I thought was not my property at all, because it was so much worn, I called on a neighbour Mrs. Meredith, who keeps a linen draper's shop, and desired her to compare this with my linen; afterwards I went up to the two pair of stairs room to put by some linen, and while I went there I heard the street door open, on hearing the street door open I came down to see who was in the house; when I came down I saw my neighbour, Mrs. Meredith, in the parlour; she came to tell me that somebody was come to the house; I then looked down the stairs, and saw one of the prisoners, Elizabeth Buller , coming up the kitchen stairs; and on her observing me, she again turned herself round, and was going out again; she had been my servant near a year and three quarters before, and then her sister, Alice Buller , came and staid with me from that time to the present.
Q. Was she a servant of your's? - She had been, but she was not then.
Q. How long had she lived with you? - Near a year and three quarters. This was Alice Buller; on the sight of me she returned down the stairs again, and I called to her, and asked her what she wanted there? She told me that she wanted to speak to her sister; I answered her and said, that her sister had left my service two days before, and she had told her; I told her that she had got a place; she said she had got no place yet.
Q. How long had her sister left your place? - But two days. I asked her where she was? She said, she should see her that evening; I told her to tell her I wanted to speak to her; she said she would tell her. She went away; and when she was gone, I went down in my kitchen, as I usually sit there, having no servant; in about half an hour I was preparing myself to go out.
Q. What time might this be? - It was about five o'clock in the afternoon. On my preparing to go out, I had hung a watch on a little brass hook on the chimney mantle piece, in the kitchen; I look ed and saw my watch was gone; a little while after that, it might be about ten or fifteen minutes, I went to put on
Q. How soon after were they apprehended after you had missed the things? - They were apprehended, I believe a very little while afterwards; that day was the 19th that I missed these things.
Q. Were they apprehended that day? - No, not that day, a few days after that.
LYONS SOLOMON sworn.
I am a hatter by trade. When I heard of Mr. Bullock being robbed, knowing these two girls, I went to Elizabeth Buller 's lodgings the same evening, I think it was Tuesday I heard of it, and I went the same evening, when I came there she was not at home; I asked the person that she lodged with whether she knew where Elizabeth Buller was? she said that she was gone to get a couple of pictures framed for her master; I found her the next day at Rotherhithe, and this chair cover I took out of her room in Old-street; the woman told me that was in the room, that they belonged to Elizabeth Buller .
Q. In the first place did you know this room to be her's? - Not her's; she lodged with this woman eight or ten days.
Q. Had you ever seen her there? - O, yes! I have seen her there or else I should not have known the girls.
Prosecutor. I have not the least doubt but what these chair covers are mine; I have three of the very same in my pocket.
Lyons Solomon. I found also these pieces of bed furniture.
Prosecutor. This is from the pattern of this. (Produces some of the same.)
I am a pawnbroker; I live with Mr. Page, No. 9, Chiswel-street; I have got two portraits and a shagreen case watch.
Q. Who pledged them? - Elizabeth Buller , the prisoner at the bar; she pledged one portrait on the 7th of August for four shillings; on the 9th she brought another; I asked her how she came by that? she said that her brother was an artis, and that he drew them; and I think Alice pledged the watch, but I cannot swear to it, it was pledged by a person that resembled her.
Court. I think you said a shagreen watch? - No, it is a tortoiseshell.
I am a pawnbroker; I produce a pair of buckles.
Court to Bullock. Are these your buckles? - Yes; and this is my watch, I know it very well by wearing it in my pocket.
Q. Do you know the number or maker's name? - No, I do not.
Jury. Had you it made new? - No, I had not; I bought it of one Mr. Wilson. I have a portrait in my pocket by the same artist, which, if you please to compare, you will find it like it.
Prosecutor. I have no mark on them, I believe them to be the same size as that I lost, but I cannot swear to them.
SUSANNA NEVILL sworn.
Q. Do you know any thing of either of the prisoners? - Yes, I know one of them by the name of Ann Buller; I know nothing particular of her, only coming to the shop.
Court to Bullock. How long did Mrs. Meredith sit in the parlour? - On seeing Elizabeth Buller come into the door, and knowing she had lived with me as a servant, she thought she came there for no particular reason but to see her sister; she went away again.
Elizabeth Buller. I have nothing to say.
Alice Buller. I have nothing to say.
Court. Have either of you any witnesses to call? - NO.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
692. RICHARD CLARK was indicted for feloniously stealing, on the 25th of September , one miniature picture, value 10s. one silk petticoat, value 4s. a muslin dress, value 10s. one silver spriged muslin dress, value 1l. a coloured muslin dress, value 10s. two striped callico gown, value 5s. one white callico gown, value 5s. one white callico petticoat, value 5s. three worked muslin petticoats, value 5s. two striped worked petticoats, value 5s. a callico petticoat, value 5s. the goods of Louisa Christiana Toulson .
DINNIS TOULSON sworn.
I live at Colchester. On the 25th of September, to the best of my recollection, I had a trunk cut off the chaise, as we were coming to town from Colchester.
Q. Where did you miss it? - In Plumb Tree-street.
Q. Had you seen it a little before? - Yes, I had; I was going to avoid St. Giles's, and I turned up that street, on missing it the people gathered together, and they advised me to go to Bow-street, which I did, and soon recovered it.
Q. Then I presume you did not observe the prisoner at the bar? - No, I never see him; my daughter saw him the same night, by the side of the chaise.
Q. What did the trunk contain? - A great number of clothes, and the things that are mentioned in the indictment; they are all my daughter's clothes, except one miniature picture, which was my son-in-law's, which I was bringing to town to have set.
Q. Were you in the chaise with your mother? - Yes.
Q. Did you see the trunk cut off? - No, I did not.
Q. When was the last time you saw it? - In Plumb Tree-street, St. Giles's.
Q. It contained several articles of your dress? - Yes.
Q. Did you happen to see any thing of the prisoner at the bar? - I saw a man down by the post chaise, but I could not tell whether it was the same.
Q. Was it dark? - It was.
Q. Do you know how the trunk was fastened? - By a strap and a rope tied.
Dinnis Toulson, My daughter told me to look out to see if my trunk was safe, and I looked out, and saw it was gone.
Q. But when it was missing, the strap and rope were all gone together? - There was some part of it. It was dark then, they were at Bow-street; they were cut.
On Thursday, the 27th of September, I was standing at the office in Bow-street, there came in a man that informed me that this lady had been robbed; I immediately went in company with Dickson; we went to a house in Bull-yard, kept by Mrs. Sharrard; as soon as we got in the house, I believe it was Dickson told her that she had got a trunk left in the house; she said there was, there it stood in the house; the other officer went out with the trunk, and I remained behind; after I waited perhaps ten minutes, there came in Clark, the prisoner at the bar, in company with another man; Mrs. Sherrard said, that was the man that brought the trunk; and I immediately seized Clark and the other made off.
Q. Did he disown it, on hearing it? - No; and having nobody to assist me, I was obliged to let the other man go.
Clark. I brought it to the office.
Q. Did you observe any thing about the trunk, whether it had been untied or cut? - No.
Q. Who has got the trunk? - Dickson.
I was not present when the prisoner was taken, I was gone up to his lodgings to look for him; I produce the trunk, the straps appear to be cut.
Prosecutrix. I cannot swear to the trunk, it was sealed up with my seal, I have the key of it.
I live in Bull-yard, St. Giles's; I keep a clothes shop; the prisoner came to my house, and asked me to let him leave that trunk for half an hour.
Q. Had you known him before? - No, I never saw the man in my life to my knowledge.
Q. Do you let any body bring goods in your house? - No, I never let any body bring goods into my house, but he brought it in, and asked me to let him leave it for half an hour.
Q. Was that trunk the officer seized, the same trunk that he had left? - Yes, it was.
Prisoner. Whether I did not ask you if your name was Sharrard? and you said yes, and I said I was ordered to leave that box there, and I asked you for sixpence.
Sharrard. You asked me if my name was Sharrard, but I do not remember about the six-pence.
Prisoner. Then I went back to this person that employed me, and told him that Mrs. Sharrard would not pay me the six-pence; and he said, well, I will go along with you; and he went along with me, and Mrs. Sharrard says, that is the man that brought it; and the officer immediately laid hold of me, and the other ran away.
Court to Sharrard. How long was it in your house before this man came back!-About a quarter of an hour.
Jury to Sharrard. Did the officer tell you that he had an information it was there? - I do not remember.
Q. What made you to go to Mrs. sharrard's, was it on account of your knowing her to be a bad character? - There was a great many houses about that spot, that we should have gone to, as well as Mrs. Sharrard's, if we had not found it there.
Not GUILTY .
593. ELIZA PERRES , otherwise FERRES was indicted for feloniously stealing, on the 19th of September , one cotton bed quilt, value 10s. three linen sheets, value 1l. 5s. two linen petticoats, value 2s. two wine glasses, value 6d. the goods of William Gale , in a lodging room .
Q. Did you let lodgings to the prisoner? - I did, on Tuesday the 19th of September; she did not take it for any certain time; she said perhaps for two or three years, she did not take it for herself, but for her niece, who was eleven years old, and was coming from a boarding school; the niece never came.
Q. How long was the prisoner there? - About one hour on Wednesday.
Q. When did you miss your things? - I missed them that night; she came at five, and I missed them about eight; she went out at seven.
Q. Had the prisoner been alone in the room? - Yes.
Q. How long might she be alone? - About an hour.
Q. Where abouts was the room in the house? - Up one pair of stairs.
Q. What did you miss? - One bed quilt; three sheets, two pillow cases, and two wine glasses.
Q. Did you ever recover them? - No, never found them since.
Q. The prisoner never came back? - No, she never came.
Q. Have you ever seen her since? - I saw her when she was taken, I am very certain it is the same woman.
Q. Are you the wife of William Gale? - Yes.
Prisoner. I never see any one of the people before they swore to me at the office.
Prosecutrix. I am positively sure it is the woman.
Prisoner. I have no witness to send for; my sister is in confinement at present.
Jury. Are you sure that these things was in the room when the prisoner went in? - I am sure of it, and there was no person but her and me in the house.
Prisoner. I have a sister that is a twin, that was born half an hour after me; and our parents did not know one from the other, we are so much alike.
Mr. Kirby. She is in custody for a similar offence; I have seen her, it is impossible for to know one from the other.
Jury. Can you tell of any body else that can identify the prisoner at the bar? - I have no witness but myself, none belonging to me.
Mr. Kirby. The sister was stopped at Newgate; we had intelligence of her offence; and we were afraid of letting them see each other almost, for
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
I am the wife of Thomas Roberts ; I lost a pair of stays, and a gown, and a hat; I lost them on the 12th of September last, from my bed-room, up two pair of stairs; I hardly left them an hour before I missed them.
Q. Did you ever get them again? - No.
Q. Do you know who took them? - I have every reason to believe that the prisoner at the bar took them, because I had no other person in the house besides my own family.
Q. What does your family consist of? - Four children and my husband.
Q. Did the prisoner lodge with you? - She had not slept in the house, but she took a lodging at the house the day before.
Q. Have you ever seen her sister? - I have; I have left this in the custody of an officer, while I went to my house, and when I came back, the sister was drest in the same clothes, and the prisoner was undress; the officer asked me which is your prisoner now; I put my finger on the prisoner; now you are right, the officer said, that is the same; so I pitched on the prisoner, for all she was undrest.
Q. Had you ever seen her sister before? - Never.
Q. Now look at her, Mrs. Roberts? - This is the person that took my lodging, she had been a twelve month before to take my lodgings.
Q. You have heard both her sister and her speak? - I have.
Q. Is her sister about her size? - Much about in height, but a good deal lustier, and fatter in the face. I have very great reason to think that she knows of my things; it was she and not her sister that came to me.
Court to Mr. Kirby. You have seen the sister, does she correspond in height and size to this woman?
Mr. Kirby. if any thing, my opinion is that this is the lustier of the two.
Mr. Kirby's man. Of the two the sister is lustier than this.
Court to Kirby. I ask you about the voice, are the voices alike? - I cannot say to that.
Prisoner. I can say that I never see the person in my life till she swore to me.
GUILTY . (Aged 40.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
I live at No. 29, New James's-street, Manchester-square.
No. 35, in James's-street , and bring a pot out of the house in her apron.
Q. Who did you see with the pewter pot? - The little girl.
Q. You saw the prisoner with a little girl? - Yes, I did.
Q. What did you do in consequence of this? - I came down stairs and told the boy to follow her, and he did follow her, I saw her again when the boy brought her back.
Q. Are you sure that is the same woman? - Yes.
Mr. Knowlys. I think you said that you did not see the mother till after the child had been three minutes out of the house? - No more I did not.
Q. Therefore the mother was not near the child, at the time the child went in the house? - No, she was not.
Q. How old is the child? - About eight or nine years old.
Mr. Knowlys. What age are you? - I am turned of fifteen.
Mr. Const. Of course you will tell us the truth now? Do you remember Mrs. Miller sending you after any body? - Yes.
Q. Look at the prisoner at the bar. Is that the same person? - Yes.
Q. Who was with her? - A little girl.
Q. What did you do when you followed her? And what did you say to her? - I followed the woman and the girl, and I said to the woman, your little girl bath got a pot of my master's; I brought her to Mrs. Miller's, and I called my master, and my master featched her, and found the pot, she and the little girl went to the watch-house.
Mr. Knowlys. She came back with you? - She did.
Q. She might have put you in her pocket (if she had a mind to go away) pretty near? - No! no!
I keep the Mecklenburgh public house, in James's street, Manchester-square. On the 12th of October, I was sitting at the window, and the boy called to me, master! master! he had stopped the woman, and I went out and asked the boy what was the matter? and the woman begged I would search her, and I stroked her down, and found a pot at the bottom of her petticoat tail, it hung quite at the bottom.
Q. Is that pot your's? - Yes, I marked it, I wrote my name on it at the justice's.
Q. There was none found on the child? - I did not meddle with the child, I should think by the looks of the poor thing that she could not have any.
Mr. Knowlys. You have every reason to believe that the child had not the pot? - Yes.
Jury. Do you know the prisoner? - Yes.
Court to Elizabeth Miller. Where did you see the mother standing? - About forty yards from the public house.
The prisoner called two witnesses who gave her a good character.
Court to Plant. When you found this pewter pot at the bottom of her petticoat did you look to the petticoat and see how it got there? - I cannot say, I turned the the petticoat up and got it out of some hole. How it went in, I cannot say.
GUILTY . (Aged 53.)
Imprisoned six months in the House of Correction, to hard labour , and fined 1s.
596. WILLIAM WHITELY was indicted for feloniously stealing, on the 20th August , one bill of Exchange, value 500l. being dated, March 1, 1694. Kingston, Jamaica, with the name of William Armstrong and Co , there unto subscribed, payable at one hundred and eighty days, after fight, to the order of Mr. John Richards , value received, and directed to Messrs. Miller and Co. Catharine-court, Tower-hill, London. And on the back of the bill, an indorsement by the said John Richards .(The case opened by Mr. Knowlys.)
Q. I believe you have resided some time back at Kingston in Jamaica, and some times in the interior parts of the country? - Yes.
Q. Pray, sir, on any occasion, and when did you transmit any bills to this country? - Would you wish to attend to the point now in question?
Q. Exactly so. - On the 2d of March last, I wrote a letter to Smith and Oldfield, in which letter I enclosed a five hundred pounds bill of exchange.
Q. You sent a bill of exchange? - Yes, for five hundred pounds sterling, I I sent it the 2d of March, and dated it the 1st.
Q. When was it wrote? - It was wrote the 1st and sent the 2d.
Q. And on the same house in London? - The same sum, and the same house, it would be inconsistent for me to say the same bill, but it is the same sum and same date.
Q. From all the circumstances are you able to say it is the same bill? - I have every requisite to suppose this is the bill.
Q. From looking at that bill are you able to say it is the same? - Here is the drawer and for the very same person, I know well it was drawn in the same state, payable in one hundred and eighty days, and on the same house at London.
Q. Have you any doubt that that is the bill? - I have no doubt at all.
JOHN BURTON sworn.
Mr. Knowlys. Did you sign that note, Mr. Burton? - Yes, on Monday the 8th of February.
Mr. Knapp. Did you sign that note? - Yes, for Mr. Whitely.
Q. Was it on the day it bears date? - Yes.
Mr. SIMS sworn.
Q. Is that your hand writing? - This is my hand writing.
Q. Of what manner did you receive that bill? - I received it enclosed in a letter from Mr. Whitely.
Q. You have known him? - Yes, I have two or three years.
Mr. Knapp to Newbank. To whom did you send that? - To the best of my knowledge and belief to Messrs. Smith and Oldfield, and to the care of Mr. William Whitely, Jamaica Coffee-house, London.
Q. Do you know the prisoner Whitely? - Yes.
Q. Is that the person to whom that letter was to be sent? - I have no doubt of that.(The letter read in which the bill was enclosed)
Mr. Knowlys to Newbank. Is this Mr. Richards hand writing? (shews the note) - It is.
Mr. Knapp. Have you been in the habit of transmitting bills or money to Messrs. Smith and Oldfield to the care of Mr. Whitely? - Yes, some years back.
Q. You returned in this country on the 23d of July? - Yes.
Q. Before Whitely was taken up had you any conversation on the subject? - He has called on me at my lodgings before he was taken up.
Q. How long after you arrived? - I had a letter from him dated the 27th of July, four days after I arrived, I am not certain as to the period, this letter is dated the 27th.
Q. After you received the letter how soon did you see Mr. Whitely? - He called on me in a very few days, perhaps two or three.
Q. Did you have any conversation on the subject of this bill of exchange? - I gave him home the account current addressed to Smith and Oldfield.
Counsel for the Prisoner. You say you gave Mr. Whitely the account current? - Yes, I did.
Q. You have for some years received propery for the estate? - Yes.
Q. I believe you have been directed by the assignees to transmit the different accounts? - The direction was to direct the letters for Messrs. Smith and Oldfield to the care of Mr. Whitely, Jamaica Coffee-house, London.
Q. How come you to give the account current to Mr. Whitely? - I thought I was doing right, I had not heard that he had made a failure, and I thought I was doing very well.
Q. Mr. Newbank, had you any concerns with Mr. Whitely for his own affairs? - I carried a power of attorney, since he was a bankrupt.
Q. That property belonged to a lady, who was a bankrupt in this country? - It might, but I knew nothing about that.
Q. Did Mr. Richards give you any money in Jamaica? - He gave me a bill for five hundred and sixty-nine pounds, and says, I assure you this matter would have been settled long ago.
Q. Do you know whether Mr. Whitely has any claim on Richards in any other manner, as an estate of his own? - Mr. Whitely said so; but as he has been a bankrupt, I don't know how that is.
Q. Do you know whether in Jamaica, Mr. Whitely claims any demands on Richards, with respect to the estate? - I believe he has wrote letters on that subject, and I think I have seen them, and also to Mrs. Mondy; I believe he has made claim to it.
Mr. Knapp. I would ask you one question, were you ever desired by Richards to transmit any thing to Whitely? - Never; he told me he wished he was clear of the business.
Q. Is that your acceptance? - I did accept it, it is drawn on my partner, and paid.
Q. When was it paid? - The 18th of October last, dated March, and paid in October.
Q. Are you one of the assignees of Mr. Whitely's estate? - Yes.
Q. Mr. Crest is dead? - Yes.
Q. Did you ever authorize the prisoner to receive the money on any bills? - We never authorized him to do it, but he did do it.
Q. He used to collect the concern of his estate for your use? - No money ever was received by him, except the amount of one bill drawn by John Brown, and this money that he received out of this bill, I knew nothing of it, the other that he received with it was a bill drawn by one in Ireland.
Q. Was it on your knowledge? - I knew nothing of it.
Q. When the letters came to you, directed to Mr. Whitely, did he open them? - Yes; he got the bills accepted, and then brought them to us.
Court. Did you give him any power or authority? - No, never did; I was satisfied with what he did, I thought he was honest.
Q. Respecting the bill in the present indictment, when did you first learn that any such bill had arrived? - I called on Mr. Newbank as soon as he came to England; in the mean time Mr. Whitely called, and he had the account current.
Q. When was that? - On the 6th of August, I saw Mr. Newbank, Mr. Newbank had given him the original account current, and he had a copy of it, which he shewed to me, and I saw there were two bills missing, of which I knew nothing of.
Q. Is one the bill which was produced? - Yes; it is a bill of five hundred pounds, drawn on Armstrong.
Q. When was it that Mr. Whitely called? - Before I saw Mr. Newbank, and he took away the account current; afterwards I saw Mr. Newbank.
Q. How many days? - But a few days. When I saw Mr. Newbank, he shewed me the account current, which he had given to Mr. Whitely, and he said there were two bills sent to us that were missing, one was a five hundred pounds; I knew nothing of that bill till I saw him.
Mr. Knowlys. Had you before at all learned that any such bill had been sent? - No knowledge of it at all, that it never was sent. I met Mr. Whitely in Change-alley, I told him I had just parted with Mr. Newbank; he was very much surprised at it; I asked him if he had seen them two bills, the five hundred pounds one, and the other, and why he had not given them to us?
Q. You say this was on the 6th of August, what did he say to that? - He told me that he had given the bill or bills to Mr. Oldfield.
Q. Had you mentioned both these bills to him? - Yes, both; I told him that Mr. Newbank said he had the account current; he said he would give it to me, he was coming the next day opposite to me, and he would bring them at the same time, if he had them at home
Mr. Knowlys. Did he ever bring the bills to you? - No, he never did, he did not bring the account current, but sent it in a letter.
Q. Have you got that letter about you? - I have; he mentions the bills, but he did not particularize them.(The letter read by the clerk of the court.)"8th of August 1794.
William Whitely compliments to William Smith , encloses him Mr. Newbank's account, from which he hath taken a copy; the two bills will be forth coming to the hands of William Smith , and of which he will give timely notice.
Witness. These two bills must be that of five hundred pounds, and that of one hundred and ninety pounds, because there were no other bills come from the West indies but these.
Q. Where did you find these bills? - I never see them from that time to this; they never were brought forward; I saw it in the hands of one of the servants of the Bank.
Q. The bills were not booked, and you saw it in the hands of one of the servants of the Bank, no other way? - No, just so.
Prisoner's Counsel. I think you say that Mr. Whitely was not authorized to receive money or bills by you, and that you swear? - Not by me.
Q. Did you make objection to it? - I did not.
Q. Do you mean to say you have seen it done, and yet you swear you never authorized him? - No, he never was.
Q. How many years have you seen it done without objection since he hath been in that situation? How long is it that you have seen him open letters? - I never have seen him open letters; I know he must have opened letters to get out the bills of exchange, ever since the year 1787 until August 1794.
Q. He hath given you the account, you have seen it done and never objected, and yet you swear you never authorized him to do it? - We never authorized it.
Q. Do you mean to swear that he was never authorized? - We never authorized him.
Q. Is that what you mean, that you forbid him? - I never objected to it. I think that is all that is necessary.
Q. You permitted him to do it? - Yes.
Q. The reason was, because he had not done any thing that you disapproved of? - Yes.
Q. You have pointed to an instance that he took the money and endorsed the bill? - Yes, the bill in Ireland.
Q. You knew nothing of that till it was paid? - Nothing at all.
Q. Could so extraordinary a circumstance as that happen, without you, of course, ordering him not to do it? - No, I did not.
Q. Did you indict him? - No, I did not.
Q. Did you not return him thanks? - I do not know; I might.
Q. And yet not you thank him for his trouble? - Perhaps I might.
Q. Mr. Newbank says, that thinking he did right, he gave him the account current; is that the same transaction you meant to describe? he calls upon Mr. Newbank, and gives the account current; you say Mr. Whitely called upon Mr. Newbank; he describes it one way, and you the other; that account current did you get a copy of it? - Yes; he did not give it, he shewed it me.
Q. The five hundred pounds bill is the subject of this indictment. This happened upon the 8th, and not the 6th of August, that was the day, this bill was not due? - No, not till the 18th of October.
Q. How soon did you take him up? - The 14th of August.
Q. Then of course he would have been tried the last session? - Yes.
Q. You were all here, had he then been tried, the bill would have been unpaid.
Mr. Knowlys. Could you or could you not get this bill of Mr. Whitely? - I could not find Mr. Whitely.
Q. Did you try to find Mr. Whitely? - I did, and could not.
Q. After you had discovered where he was, what did you do? - I never saw him till he was in custody.
Q. Did he ever give it to you? - No, he never did.
Q. This gentleman was taken up on the 14th of August, eight days after you had communication of the loss of these bills? - Yes, it was.
Q. You have never had the value of these two bills? - No, I never have.
Q. When did you receive it? - It is a letter without a date, but it was the 21st of April.
Q. Do you know his hand writing? - Yes.
Q. Did you ever see Mr. Whitely? - I have.
Q. What past between you and him? - No more than I lent him money on it.
Q. You paid him the first advance, unto what amount? - Fifty pounds.
Q. When did you make him another advance? - About a week or ten days; at five or six different times I lent to the amount of two hundred pounds.
Q. Do you recollect the last day? - The last advance was the 30th or 31st of June.
Q. When was he apprehended, was it the month of the last advance? - About the 14th of August.
Q. Did you pass the bill? - The bill was passed before he was apprehended.
Q. Do you know whether it was with his own knowledge or no? - I do not.
Prisoner's Counsel. This bill is not endorsed by Whitely? - No.
Q. If I understand, you lent him fifty pounds, and other sums in a sort of a pledge; he borrowing the money and put this bill in your hands as a sort of a pledge? - He did.
Q. You have seen him publickly, and at all times? - Yes, publickly.
Q. Was it pledged in secret, or fairly and openly? - Fairly, openly, and honestly.
Q. Do you happen to know whether Mr. Whitely had any claim on Mr. Richards, in Jamaica? - I have heard so, but I do not know it.
Mr. Knowlys. If you thought it had been a bad bill you would not have done it? - No.
Q. As soon as you understood it as his own bill, you lent him the money? - Yes, I lent him the money; I believed it to be his own bill.
Q. You understood it was on his own account? - I did.
Q. Did you discount it? Did he endorse it? - No.
Court. It was not necessary for him to have it endorsed, he never asked him to have it discounted, he only lent him the money on the bill, and expected him to have it back again in a little time.
Not GUILTY .
Tried by the London Jury before. Mr. RECORDER.
597. WILLIAM WILLIAMS was indicted for feloniously stealing, on the 8th of October , a silver pencil case, value 3s. three chip boxes, with hemmings dentifrice, value 3s. eight ivory tooth brushes, value 8s. two glass bottles with Henry's aromatic spirit of vinegar, value 2s. two glass bottles with smelling salts, value 1s. seven glass smelling bottles, value 3s. 6d. two glass, bottles with lavender water, value 2s. a glass bottles with effence of pearl, value 1s. a glass bottle with oil of Sanders, value 2s. a sheet of court plaister, value 6d. a paper of silk patches, value 6d. a sheet of crepon de angleterre, value 6d. two papers of rouge, value 6d. the goods of William Bailey and William Lowe .
The case opened by Mr. Knapp.
Q. Do you know the prisoner at the bar? - Perfectly well.
Q. Has he been a servant of your's? - Yes, since March last.
Q. In consequence of any information, did you send for a constable, and did you open any box? - I applied to Bow-street myself, and there happened not to be any constable there; I went home myself, and gave directions for a constable to be sent for, between five and six o'clock, and it was done accordingly.
Q. On what day was this? - The 8th of October last; when the constable came, I went up stairs with him, he opened the box, and that is the property that was in the box.
Q. Whose box was this? - The box of the prisoner.
Q. Did you know that to be the prisoner's box? - Yes, the box hath been always taken as his property.
Q. What did you find there? - The very articles specified in the indictment.
Q. Where is the box? - The constable hath had it in his possession ever since.
Q. All these articles found there, was your's and your partner's property? - Yes, all but the rouge, which I will not take on me to be our property, but Mr. John Bailey , whose writing is on the paper, he will swear to it.
Mr. Knowlys. From whose service did this young man come to this? - From Mr. Blades, upholsterer and cabinet maker in Jermain-street, I had a very good character from him.
Q. Did the prisoner go up with you when it was searched? - No, he did not, he did not know he was suspected at that time; a fellow servant looked in his boxes.
Q. Then it hath commenced the 1st of October, he hath a right to take the share of the profits from the 1st of October, to the present time? - I should conceive he has.
Mr. Knapp. Do you mean that young Mr. Bailey was to be considered as partner, from the 1st of October last? - I conceive it is so, as soon as the articles are signed.
Mr. Knowlys. Have you not accepted bills in the name of yourself and the two Mr. Baileys? - No, we have not.
Q. I believe when this prisoner was made acquainted with the things that have been found, did he not at once say it is true, there are articles of your's there, which I have taken for investigating what they are? - Yes, he did say that he took such things to try experiments.
Q. I would ask whether the prisoner hath not had great property in his hands; hath not he had leave from you, for going to transact business with considerable corn factors; for persons residing in Wales? - I do not know.
Mr. Knapp. What is the value of them altogether? - Seven and thirty shillings.
Q. He said he had taken them to try an experiment? - Yes, he said he had taken one to try experiments.
Q. You found all these in his box? - Yes.
Court. Your expression before that was, he had taken such and such? - He had taken one article which was particular, the rouge.
Court to Mr. Lowe. Have you put down really in the indictment, what their real value is, or have you put it down at guess? - At guess.
Mr. Knowlys. You put a value on them, as the ladies value them; I would not give a farthing for a pocket full of rouge for my wife.
I am a servant to Messrs. Bailey and Lowe; I went in to Mr. Lowe's clerk's room to make his bed, and I saw William William's key laying on his bed.
Q. How did you know it to be his key? - I did not till afterwards.
Q. What did you do with the key? - Curiosity enduced me to unlock his box, and I saw a smelling bottle of Mr. Bailey's and Mr. Lowe's, and tooth brushes; on seeing them there, I sent my fellow servant to the shop to my master.
Q. Did your master come? - Yes, Mr. Lowe.
Q. You told your master of it? - Yes, myself.
Q. After that the prisoner was taken up? - Yes.
Mr. Alley. How long have you lived with Mr. Lowe? - Nine months, the 21st of this month.
Q. Pray what induced you to be guilty of such an improper step, as to unlock this box? - Merely curiosity.
Q. What led you to this dishonest curiosity; was it an honest principle in your mind, that led you to another man's box.
Court. That is not a fair question.
Mr. Alley. What time was it? - About nine o'clock.
Q. What time was he taken in custody? - Upon my word I do not know.
Q. Was not you there when he was taken in custody? - I think it was six o'clock.
Q. In whose possession was the key, during that time that you had this curiosity, till the time that the prisoner was took in custody? - I had not the key, I do not know where the key was.
I belong to Bow-street office; I was sent for on this occasion, to search the box at Mr. Lowe's house.
Q. Do you know whose box it was? - I understood it was William Williams's.
Q. What did you find there? - A quantity of different articles.
Q. You have had them in your custody ever since? - Yes, I have.
Q. How soon did you apprehend the prisoner? - The same evening I was sent for.
Q. Where did you apprehend him? - At Mr. Bailey's and Lowe's shop, Cockspur-street; but the box was at Mr. Lowe's house, in Suffolk-street.
Mr. Knowlys. I do not know whether you was there, when he said that those things were his master's, that he had taken some to make experiments? - I did not hear that; on searching him I found this one in the prisoner's coat pocket.
Here are a parcel of cases that I can fivear to having my mark; it is marked six shillings and six-pence, and N. T. our private mark, and here are two papers of rouge, with my mark on it.
Q. Is there any thing else? - No, nothing I can swear to.
Mr. Knowlys. You are a partner in this business that is carried on? - Yes.
Q. And you have been so ever since the 1st of October? - Yes.
Q. You claim a right of your share, whatever it is, from all the goods in the house? - Yes.
Mr. Knapp. Are the deeds signed? - They are not.
Mr. Knowlys. Do you now claim your portion of goods? - I do, from the 1st of October.
Mr. Knapp. Supposing these deeds should never be executed? - Then I am not a partner.
Mr. Knowlys. But do you now claim it? - I do, because I have not the least doubt but what the deeds will be signed; at present I claim it, because I have not heard any objection to the deeds yet.
Mr. Knapp. It is completely in the power of Mr. Bailey and Lowe, not to sign these deeds if they chuse it? - It is certainly.
Mr. Knowlys. You claim to have something peculiar in these articles, in point of invenitor? - No, I do not.
Q. Did not this man say that he had some goods of your's, which he took for the purpose of investigating them, and to try if he could find out the secret of their composition? - He may to Mr. Lowe, but
Mr. Knowlys. Have you not taken stock on the 1st of October? - The stock is not finished taking yet.
Q. You have had that servant girl a long time in your house? - She is in Mr. Lowe's house.
Q. You have not many such servants I hope in your house, that will open boxes? - No, sir.
- HOLLINGFORD sworn.
I am a corn factor, I know the prisoner perfectly well.
Q. Have you had any dealings with him? - Yes, to a considerable amount; always had a very high opinion of him; he has frequently bought corn of me, to the amount of a hundred pounds at a time; he used to pay for the corn, sometimes in drafts on a banker, and sometimes in cash; and if he wanted credit for five times the sum, I should not hesitate the least in the world; I was surprised when I heard the young man was taken up.
Q. You have known him down to the prectent time? - I had not seen him for one year.
I am an upholsterer in German-street; I have known him upwards of a year and a half.
Q. I believe the prisoner has had considerable dealings with you in money matters? - He was my clerk, he bore a very good character while he was with me, I would have trusted him with all I had.
The prisoner called eight other witnesses, which gave him a good character.
GUILTY . (Aged 26.)
Confined twelve months in the House of Correction , and fined 1s.
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
598. THOMAS CHATTERTON was indicted for feloniously stealing, on the 9th of October , two cloth jackets, value 8s. a saw, value 5s. and a carcase iron hammer, with a wooden handle, value 2d. one smothing plain, value 6d. one trying plain, value 6d. one turkey oil stone, value 1s. a rush basket, value 6d. the goods of Edward Jones .
I am a carpenter , No. 14, Northumberland-street.
Q. Did you lose any of your tools last month? - Yes, I believe it was the 8th or the 9th.
Q. What did your tools consist of? - Two saws, a basket, and an oil stone, two planes, an iron hammer, and a number of other things.
Q. Did you lose two cloth jackets? - I lost one, and another young man that works along with me lost one, at the next bench with me.
Q. At what time of the day did you see them last? - I left them when it was too dark to see to work, in the evening, about eight o'clock; I came the next morning, and the door was bursted open, and the things stole.
Q. Did you ever get them again? - Yes, I have got them from him.
Q. Where did you find them? - I found them in James-street; the jacket was stopped at a pawnbroker's; the other tools I was directed by a butcher, in a house where he lived; I went there, and my master with me, to one Mrs. Nelson's, and I found my basket and tools.
Q. Do you know the prisoner? - I have seen him I believe, but never knew him, he worked near the building where I did, he was a life guardsman.
Q. In what capacity did he work? - He is a carpenter by trade, and had worked
Q. You have no certainty that fixes it on him? - No, he was stopped in pledging the jacket.
Jury. Where did you leave these things? - In the building, where I was at work.
Q. Was the door locked? - It was, the door was bursted open some how or other, but the lock was not shut back.
JAMES MULCSTER sworn.
I am a pawnbroker, I have got a jacket. On the morning after the robbery, some persons belonging to the things, came and made me acquainted with it; about half an hour after, the prisoner at the bar came with the jacket, and I stopped it; this is the jacket. (The jacket shewn.) He said he bought it of a labouring man that morning; I know the prisoner, and I know that he belongs to the life guards, and so I did not stop him, but made him give the proper directions where he lived.
Court to Jones. Look at this jacket, and see whether you know that jacket to be your's? - Yes, I know it by the buttons, because I wore the buttons six or seven years ago on a waistcoat, before they were put on this jacket; they laid by a year or two before they were put on this jacket; besides it is a very particular cloth.
Mr. Knowlys. There is no mark on it I see? - No, but the cloth was made in Wales, it was not made by cloth manufacturers, but was made by people for their own use, and they breed the sheep that the wool come off their backs.
I heard that the building had been broken open this morning, and I advised them to go to the pawnbroker's, which they did, and soon after this, the pawnbroker came to the building, with information that they had got the jacket; I went to the office to get officers, to go and take this man; and when we went, he was laying on the bed, and he said he thought he could find the man that gave it him, and he went all about the building, and he could not find the man; and we took him to the public office, and I had information from a woman that he was met with the tools; he confessed he took the jacket, before the magistrate, and the tools, and that he broke the building open before, and that he had broke open other buildings.
Mr. Knowlys. Was that taken in writing what he said before the magistrate? - No, I believe not.
Q. Who was present? - Jones was pretent.
Q. Was there any officers belonging to the office? - Yes, there was.
Q. Are there no one here? - I never asked them to come; they were there.
Court to Jones. Was you present when the prisoner said any thing about it? - Yes, he told me that he broke in the buildings, and took the things; and moreover he told me of five saws that were not mine; and the man is here somewhere that belongs to them.
Mrs. NELSON sworn.
Q. Mrs. Nelson, you had a parcel of stolen goods in your kitchen, how came you by them? - I did not know they were stolen.
Q. Who brought them there? - Thomas Chatterton . He came in my room one morning, and said, Mrs. Nelson, will you be so good as to let me leave my basket here? I asked him what? he said be so kind as to let me leave my tools here; I said you may set it down; he went out and brought in a basket, and set it down in the kitchen; and the basket was standing there, and two gentle
Jones. I know this saw to be mine.
Q. Was that put in the basket? - Yes, I can swear to that being mine by the rust, and by different marks on it before I bought it; I have had it these four or five years.
Prisoner. I leave it to my counsel.
The prisoner called three witnesses who gave him a good character.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. RECORDER.
Q. What is your husband? - He works at the water side , in Gravel-lane.
Q. Do you know any thing of your losing a pair of kerseymere breeches? - Yes.
Q. When did you loose them? - Six or seven weeks ago, I lost them from the door.
Q. How came they at the door? - I keep a clothes shop, I hung them at the door.
Q. What time of the day had you last seen them at the door? - About eleven o'clock, as near as I can guess.
Q. When did you miss them? - A little after eleven, between eleven and twelve.
Q. Do you know yourself who took them? - No, I cannot say I see any person take them.
Q. Have you found them again? - Yes.
Q. How soon did you find them? - About an hour after, down Ratcliffe-highway, in a public house.
Q. When was she taken up that day? - She was taken up about one o'clock.
Q. Did you know her before? - No, I never saw her before.
Q. Have you got the things here? - Yes.
I am an officer of Aldgate.
Q. Are you a jew? - No, I am a gentile.
Q. When did you take the woman? - I cannot rightly say, I took her in the afternoon, about six or seven weeks back; I took her in the King's Arms public house, East Smithfield.
Q. What did you find? - I found these breeches and petticoat pinned together in her apron, as they are now.
Q. Did she give any account how she came by them? - She was drunk, I took this from her and took her up to justice Staple's.
Jury. Have you had them ever since? - I have.
Court. Do you know the woman? - Yes, I have seen her before drunk about the street.
Court to Prosecutor. Are these things your's? - Yes, they are, and in the same manner as when she took them.
Jury. How can you swear to them? - I know they they are mine, I can swear to them, there is a darn in the breeches.
Court to Hurd. She says you never took them things away? - I am a bricklayer, I was a working there, and the soldier could not find any other officer, so he fetched me, and I took her with these things.
Court. I thought you said they were found in Ratcliffe highway? Is that East Smithfield? - No, the prosecutor dodged her about till they came near where I was at work in East Smithfield.
GUILTY . (Aged. 36.)
Imprisoned six months in the House of Correction and fined 1s.
600. ROBERT BIRD was indicted for feloniously stealing, on the 2d of October , two wooden boot jacks, value 6d. a wooden oatmeal tub, value 6d. a wooden salt box, value 6d. three shoe brushes, value 1s. a furniture brush, value 1s. a clothes brush, value 1s. a hat brush, value 6d. two buckle brushes, value 4d. a tooth brush, value 2d. a bundle of hogs bristles, value 6d. three ivory combs, value 1s. 6d. four horn hair combs, value 1s. a wooden rolling pin, value 2d. a shaving brush, value 4d. a bone case, value 2d. and a blue japan hearth stock, value 6d. the goods of Thomas Ashmore .
I am a brush-maker ; I live in Hair-court, Drury-lane.
Q. Did you lose any brushes at any time lately? - In consequence of information that the prisoner had robbed me from time to time, I applied to justice Addington, and desired to search his lodgings, October 3d; and I found that box with the greatest part of the articles specified in the indictment, which box belonged to the prisoner; he was not present at the time; the prisoner had been an apprentice of mine.
Q. How did you know it was his box? - One of the evidences is an apprentice of mine, who was present at the opening of the box, and said that it was the prisoner's box.
Q. Was you present at the time? - I was.
Q. You found these things in a box? - All except one or two trivial matters.
Q. You know the brushes? - The brushes appear to me to be of my manufactory; but there was one or two more things that seem more particularly so.
Mr. Knapp. This man had lived in your service, I believe? - Yes, he was an apprentice.
Q. His time is not quite out now? - There wants a few days.
Q. When he went away, did he take his boxes away or no? - Really I do not know.
Q. Perhaps you know that he came again, about four days afterwards, for his boxes? - I believe he did; I believe I heard so much.
Q. You had the misfortune to have another apprentice, of the name of Butcher? - Yes, I had.
Q. Watson and Butcher quarrelled? - Yes, and that was the way I got the information.
Q. How long was it that master Watson kept all this story snug before he told it you? - I only heard it on October the 3d; how long he kept it to himself, I do not know.
Q. How long did he keep the intelligence to himself before he told you? - Watson did not tell it to me; the first of it was, one of my men heard the conversation and told me, October the 2d.
Q. Was you a servant to Mr. Ashmore? - Yes.
Q. What have you to say against the prisoner at the bar? - I have got nothing to say particularly, only of a boot jack which was my master's property.
Q. You do not know who took it? - No.
I know nothing but finding the things in the prisoner's room.
Q. Are you a constable? - Yes.
Q. How did you know it was his room? - His master told me it was his room; Mr. Ashmore called at the office, and I was sent there to this room.
Q. Was he there when you got to the room? - No, he was not.
Q. What did you find there? - I found a quantity of brushes, two boot jacks, and a salt box, and some stocks for brushes, the things that are mentioned in the indictment; I brought them away and went to where the prisoner was at work, in St. Martin's lane, and took him to the watch-house, and he was examined next day.
Q. Did you tell him where you had been? - Yes.
Q. Did you tell him what you had taken away? - Yes, I told him there was a quantity of things which his master had claimed.
Q. Did he say any thing about its being, or not being his room? - No, nothing at all, he did not deny it was his room.
Mr. Knapp. You do not mean to say it was his room? - He acknowledged it was his room.
Q. When was this you went to this place? - On the night of the 2d of October.
Q. Do you know how long it was after he had left his master? - I do not.
Mr. Knapp to Prosecutor. When had he left your service? - He left my service at the end of August.
Mr. Knapp to Gaston. Butcher was taken up? - He was.
Q. You have heard of the quarrel between Watson and Butcher? - I have heard there was a quarrel, and that led to the discovery.
When I came apprentice to my master, in his house, I see a boot jack like this one that is now produced.
Prosecutor. I will swear to the boot jack, I never saw such a thing in my life before; and these brushes are made too small, I could never sell them; I made them to pattern.
The prisoner called two witnesses who gave him a good character.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
I am a chemist and druggist ; I live in New Brentford . On Saturday, the 26th of September, between the hours of two and three in the afternoon, I saw the prisoner in my shop; I asked him what he wanted? the answer was, he wanted a pennyworth of honey; I went about the shop to serve him, and in going round, I observed the till had been opened; and he made an excuse, I must give him something to put the honey in; I told him I should do no such thing; he said, I can go out and borrow a cup of a boy in the street; he immediately went out of the shop, and as he was going out, I looked in my till, and missed some silver; I went after him, about a hundred yards, to the corner of a gate way; he then made a full stop, to see if I was after him, he saw me a following of him, he then run up the gate way.
Q. Is it a thoroughfare? - Yes. About the middle of the yard I over took him; he threw down the silver, and run out and another person ran after him, and took him.
Q. Do you know what you lost from your till? - I do not know whether I lost two shillings, or five or six.
Q. Can you swear to those shillings? - No.
Court to Jury. There is too much room for suspicion, but Mr. Goddard did not see him take the money, neither can he swear to them.
Court to Mr. Goddard. Do you know this boy? - No, his parents live at Brentford, his father and mother are both in town, and in court.
Not GUILTY .
The court ordered Mr. Kirby to send the boy to the Marine Society.
602. ELEANOR FOSTER was indicted for feloniously stealing, on the 4th of September , a feather bed, value 10s. a bolster, value 2s. two woollen blankets, value 5s. two linen sheets and a bed rug, value 4s, a linen coverlid, value 3s. a copElizabeth Kent .
Q. When was you robbed? - On the 4th of September.
Q. How did she rob you? - She recommended a person to my room, and gave her a good character.
Q. Do you let lodgings? - Yes.
Q. When did you miss any articles? - I missed them the 5th of October, from the woman she sent as a lodger, and she gave her a good character; she came to me as a lodger, recommended by Mrs. Foster.
Q. How do you know all this, she not being here? - On opening the door, the room door; I did not break it open, till the 5th of October.
Q. Then when that woman went, you missed all your property, did you? - Yes.
Q. Was the property let to her in the lodgings? - All was let with this woman, and with Mrs. Foster.
Q. When you talk of your property, you mean all the articles in the indictment? - Yes.
Q. Have you seen any of that property since? - Yes, some of it at the pawnbroker's.
Mr. Knapp. Mrs. Foster did not lodge in your house? - No.
Q. This woman that you took into your house, staid with you some time? - A fortnight.
Q. She staid with you from the 4th to the 20th? - Yes.
Q. When she was gone you broke the door open, and you missed these things? - Yes.
Jury. How came you to charge Mrs. Foster with them? - By a witness, that said she pawned them.
Mr. SLANEY sworn.
I keep a little broker's shop in King's Arms-street, Westminster.
Q. Do you know the prisoner? - Yes.
Q. What have you to say about her? did she bring any thing to you on any day? - I do not know, I suppose it was six or seven weeks ago; she brought an old rug, and a blanket and a bolster. I
Q. A woollen blanket and a woolen rug? - Yes.
Q. Did she bring any thing else besides? - Yes, a copper sauce pan, a tea kettle and a little bolster.
Q. Have you kept these things from that time to this? - No, they were taken away.
Q. Who took them away? - A constable.
Q. What is his name-Haywood.
Mr. Knapp. Do you know the prosecutrix? - No.
Q. Did you hear that she lost these things? Mrs. Foster told you they belong to a person that lodged in that house? - I have known Mrs. Foster a great while, she said she had received them of some person that was gone away.
Court. Did you purchase them all? - I did, all she brought, it is about five or six weeks ago.
Q. What are you? - I am servant to a pawnbroker.
Q. Who pawned it? - The prisoner at the bar.
Q. In whose name? - The name of Elizabeth Coborn.
Q. Have you kept it till now? - Yes.
Mr. Knapp. Did she say at the time, she pawned it for herself? - I do not recollect, she might, I cannot say.
I did not know I was on the indictment; my mother lived at Mrs. Kent's, I know Mrs. Foster was seen in taking the things away from Mrs. Kent.
Q. How came you to know any thing about it? - My mother rented the room of Mrs. Kent.
Q. When was it your mother rented that room? - I cannot say how long.
Q. Was it a year? - No, my mother rented the room at the time it was robbed.
Q. How did she leave that room, did she lock it up? - As far as I know.
Q. Did you live in the room? - No.
Q. Did you live in the house? - No.
Q. How do you know then? that will not do. Do you know any thing more about it? - No.
Q. Where is your mother? - I do not know.
Mr. Knapp. Has she been off ever since? - I do not know.
Q. Has she been in London since this robbery? - No.
- CLABOURN sworn.
I apprehended Mrs. Foster.
Q. Did you find any thing on her? - No, nothing on her; I only found them things that Mr. Slaney had.
Q. What was found there? - A blanket, and some other things.
Q. Who has had the care of these things? were they delivered to you? - Yes, I have had them ever since.
Court. Produce them.
Court to Sarah Reynolds. You was saying the prisoner was seen in taking the things out of the room; did you ever hear it? - I heard it from her own mouth, and from other people.
Q. What was it that you heard? - I heard her say she took these things from Mrs. Kent.
Q. Did you ever hear of a person of the name of Coborn? - No.
Mr. Knapp. So, this Mrs. Foster told you she had taken these things? - Yes.
Q. Did not your mother tell you so too? - No.
Q. Your mother lodged in the house? - Yes.
Q. Mrs. Foster did not? - No.
Q. Was not your mother, upon your oath, charged with stealing these things? - I must say my mother is as bad as Mrs. Foster.
Q. Who brought the things from Mrs. Kent's house? - Mrs. Foster and my mother.
Q. Do you know whether your mother is in England or not? - I do not indeed.
Q. Do you know whether the officer has been after your mother? - No, I have been in confinement.
Q. O, in confinement, poor creature; so you come here from the gaol, do you? - Yes.
Court. Did you see Mrs. Foster bring out the things as well as your mother? - Yes.
Q. What were they? - Part of some feathers out of a bed, and took them to her own house.
Q. Was that all the feathers? - Yes.
Q. Was she with your mother when she brought the rest of the things? - Yes.
Q. What are the things that was brought to Mrs. Foster's house? - I do not recollect any thing but the feathers, I did not stop.
Q. You told me just now that your mother brought in a parcel of things, what were these things? - I cannot say what they were, it was a bundle of things.
Mr. Knapp. Mrs. Foster brought in a few feathers, and your mother brought in a bundle, but you cannot recollect what it was your mother brought? - No.
Court to Mrs. Kent. Look at these articles which were produced, there is a blanket, can you swear to that? - There is no mark on it, I cannot swear to it.
Q. Look at the rug, can you swear to that? - Yes, I can swear to that; I know it, because I darned it by the side. I believe the sauce pans are mine, but I cannot swear to them; I believe there is nothing but the rug that I can swear to; there is the sheet that was produed from the pawnbroker's, I can swear to that, my name is on it.
Q. What is your name on it? - The two first letters of my name, E. C. and 21. is on it.
Q. That does not answer to your name. - My name is Cant.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
603. ELEANOR FOSTER was indicted for feloniously stealing, on the 8th of September , a set of check bed furniture, value 10s. one pair of linen sheets, and a bed quilt, value 4s. two copper sauce pans, value 3s. a copper tea kettle, value 1s. 6d. a flat iron, value 6d. a table cloth, value 6d. four coloured picture frames and glasses, value 2s. a pair of iron tongs, value 6d. a pair of iron snuffers, value 2d. the goods of Elizabeth Dunstan .
ELIZABETH DUNSTAN sworn.
Q. Are you a widow ? - Yes. The prisoner took a lodging of me the 2d of September.
Court. This is quite a different charge. - I know it to be my property.
Q. To Pawnbroker. Deliver it up.
Court to Mrs. Dunstan. Do you wish to prosecute her any more? - No, I do not want to hurt any body.
Court to Prisoner. You have had a very narrow escape from this indictment, I hope you will behave so as not to come into a court of justice again.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
JONATHAN ROBERTS sworn.
Q. I believe you are a watchman for the excise warehouse, on Tower-hill ? - Yes. Thursday, the 16th of October, I was there on duty between five and six in the evening, I was waiting for them to leave off work (the workmen) the warehouse was repairing, and the prisoner was one of the bricklayer's labourers ; I stopped him (we are directed to
Q. Is it in leaf in the warehouse? - All in leaf, without it is brought from the King's warehouse, and then they are seized goods.
Mr. Knowlys. This you found in his jacket pocket? - Yes; and then searching further, I found a larger quantity in his breeches.
Q. The inside of his breeches, not in his pocket? - Yes, in the inside of his breeches.
Q. When you found this, did you secure him? - I secured him, and sent for a principal officer belonging to the warehouse.
Q. What did you do with the tobacco you found on him? - I sealed it up.
Jury. Was it sealed at the time? - The next morning I delivered it to the warehouseman; he sealed it up in my presence; it was Mr. Stone, the warehouseman to the Custom house.
Court. Never mind the next morning. Is that the same seal? - Yes, it is; and in the same situation as I left it.
Q. Shew the gentlemen of the jury what it is.
Jury. I presume these are the merchant's marks.
Roberts. The first name is the captain's, the next is the ship's name, and the other of the tobacco, the mark of the hogshead and the year.
Court. There were none of these marks about it when you took it from the prisoner? - Yes, they were just the same as it is now, when I took it from him.
Q. Was this found on the prisoner? - It was; I am a warehouse cooper.
Q. Do you know the prisoner at the bar? - Yes.
Q. Had he any authority to take any tobacco? - None at all; he was only a bricklayer's labourer.
Q. This is not the same as is sold in the shops? - No, it is not manufactured, not been finished.
Q. Look at that mark. I understand that tobacco was found with that mark on it? - He says so; it will ascertain the cask to which it belongs.
Q. Will it ascertain the person to whom it belongs? - No, it will only ascertain the cask.
Mr. Knowlys. I believe this may be transferred fifty times before it gets out of their hands? - Yes.
Prisoner. My lord, if I wanted to thieve any thing I could thieve better than that; I found it outside of the gate; I worked a long time with that gentleman in his house, I behaved very honest while I was in his house. I have a wife and two children, and work very hard for my bread besides stealing tobacco. I am willing to serve his Majesty, either by sea or by land.
GUILTY. (Aged 26)
Judgment respited .
Tried by the second Middlesex Jury before Mr. RECORDER.
SAMUEL HUTCHINSON sworn.
I am a taylor . On the 20th of last October, my wife had hung some linen out to dry, she went in the garden about two o'clock -
Q. Did you see them hang there yourself? - No, I did not.
I am the wife of Mr. Hutchinson. On the 20th of October I hung out some linen in my garden of my house, in Wellclose-square , I did not miss them till about half after one, as near as I can guess, I hung them out between ten and eleven.
Q. Did you see the prisoner take them? - I did not,
Q. How soon did you see them after they were missing? - I saw them again in consequence of an advertisement, from the Police office, in Whitechapel, on Thursday the 2d of November I saw them again, all that I had missed.
Q. Did you know them again? - Yes, it was two shifts and two shirts.
Q. What do you know them by? - By the marks on the shirts, by S. H. No. 7. on the shirts.
Q. You never see them yourself in the possession of the prisoner I suppose? - No.
Q. How did you see them? - From Mr. Hanson, he hath kept them ever since.
I am an officer at Whitechapel. On Monday, the 20th of October last, I was walking up Winfield-street, in the parish of Spitalfields; I saw the prisoner at the bar, about two or three yards from me, coming down as I was going up, I met him, it was about two o'clock in the day, when I met the prisoner he was walking pretty sharp, about two or three yards before he came to me he made a sudden stop, and leaned on a post at the corner of a street, I did not seem to take any notice of him till he got exactly opposite of me, he had got a smock frock on, and under his left arm I thought I saw some little bulk, I then laid hold of him and asked him what he had here? then I put my hand under the smock frock and pulled out the two shifts, he said he had them from a sister at Bow; I told him his sister would not give him them, and that he must go along with me; I took him to the Cross Keys public house to search him, because I could not search him in the street, because the mob began to get around, in searching of him I took off his hat, and in the crown of his hat I found the shirts, I then took him to the office and we enquired all round Stepney and Bow, and enquired if any body had lost any thing, and we found it by advertising once; I have kept them till now.(The linen produced.)
Prosecutrix, They are my property.
Prosecutor. I have no doubt but it is my shirt.
Prisoner. I help to make ropes in the rope ground, I went to one ground, and when I had done I was going to another ground, and as I was coming along I see this property laying by the side of a ditch, and so I picked up the property, and this man met me and took hold of me.
GUILTY. (Aged 20.)
Judgment respited .
Tried by the first Middlesex Jury before Mr. RECORDER.
William Silk .
Q. What is your husband? - William Silk.
Q. Was you robbed at any time of any articles mentioned in the indictment? - The prisoner JudithSimpson, the younger, came to live with me, servant , the beginning of October.
Q. Had you a character with her? - Yes.
Q. A written character or not? - No, a verbal one, but not from her last place, which I did not know then, she was with me a week, and she was away from me a week and four days; on the Sunday after she left me I missed the bombazeen gown and coat, she went away on Tuesday and on the Sunday following I missed the gown and the coat.
Q. After this did you miss any other thing? Did she return after that? - No.
Q. When she left you, did she leave your place entirely? - Yes, she left me entirely, she would leave me as her week was up; I said in the week she should not stay with me, and on the day her week was up she would leave me.
Q. Did you miss the other articles in the indictment? - Yes, several more.
Q. I suppose your making this discovery about the gown, you looked for the other articles, and you missed them? - I did not miss them, I found them on her; I made an enquiry of the lady that gave me the character, where I might find her? she said she knew a girl that could tell me; and I found her in Orchard-street, Westminster.
Q. How soon might that be after she left your service? - A week and four days, I found her the 24th of October, I believe on a Friday.
Q. What passed between you and her, when you had found her? - She was in the elder; Judith Simpson 's room, and she, the younger, opened the door, and had my bombazeen gown on her back; we made search about the room, and found these different articles.
Q. Did you find every thing in the indictment? - Yes.
Q. Were these all the things that you had missed? - No, I only put in the indictment what I found on her; we sent for a constable, and had her taken before a justice.
Q. Did you take one or both to that justice? - The constable would have both, finding the property in the elder one's premises; the sauce pan was on the fire; she denied it to be mine.
Q. Did you say that was your sauce pan; I think I did, and one of them said it was not mine? - I saw some tea cups and saucers on the shelf, which I said were
Mr. Knapp. Mrs. Silk, I understand that the youngest prisoner had been your servant, she left your service on the Tuesday; then until the Sunday after you heard nothing about the property, nor never missed it? - Yes.
Q. Then perhaps during the course of that time, you had never seen your property, from the Tuesday unto the Sunday; therefore whether any body had taken it to the house, and brought it to the prisoner, from Tuesday to the Sunday you don't know? - I have nobody in the house to do it.
Q. In point of fact, if she left your service on Tuesday, and you never found the things till Sunday, any body might have taken them? you found them on Sunday? - I missed them on Sunday, but I found my gown and coat on her back, the 24th of October, a week and four days; she owned at the justice's what she had done.
Q. Was it taken in writing? - It was.
Q. And so whatever she did say, was said at the time she was under the examination at the justice's? - It was; she said nothing more than that she pledged a curtain at Mr. Wright's, at the Hamborough, the fellow of this is here.
Q. Will you venture to take on yourself to say that it was not taken down in writing? - I will not.
Q. However it was a week and four days after this property was found? - It was.
Q. The mother was at home? - I did not know that this was her mother, the eldest was at home.
Q. Which house was it? - I do not know whose house it was, it was full of lodgers.
Q. Where is this house? - Orchard-street, Westminster.
Q. You understand it to be a house full of lodgers? - When I came down they said so it was; the gown was on her back, and some new muslin was cut up in caps; I missed the muslin the week she was with me.
I belong to the police office, Queen-square, Westminster; I produce the articles that are in the indictment.
Q. Where did you get them from? - No. 17, Orchard-street, Westminster.
Q. From whose room? - I do not know who rented it, but these two women were in the room at the same time; I have kept the things from that time to this; Mrs. Silk said, that if the young woman would give up her property, she would go no further in it; Mrs. Silk said, she had lost a great many articles, and that the young woman had lived with her one week; I supposed she had robbed her of these articles? - the young woman came immediately with Mrs. Silk, and we went about and looked for these articles, and she gave them up to Mrs. Silk.
Q. When these things were in the room, were they open about the room? - Yes, a great number of them, there is a part of the sheet that was in a deal box.
Q. Did the old woman say any thing, the elder of the two? - The elder one said that she had just come into town, she knew nothing of these things being brought there.
Q. Was any thing said unto whom they belonged, by either of these women? - Mrs. Silk said it was her property; they did not say it was not her's.
Q. Do you mean to swear that? - I cannot recollect.
Q. Did either of these women say whether it was the lady's or not? - They did not say they were her's, but they went and delivered them up.
Q. Did they say they were not her's? - To the best of my recollection they did not say so.
Mr. Knapp. You told the jury very properly just now, you did not know from them, who the room belonged to; but you found them there; all these things that you found there, were laying open in the room? - All but the curtains and the sheets, and they were found in a little deal box.
Q. Did you know that the, house was full of lodgers? - Yes, after I came, I understood so by the lodgers in the next room to them.
Q. The old woman said that she had just come to town, and knew nothing at all about it? - She did.
Q. Mrs. Silk said if they would give an account how they came by the property, she would go no further; these things were all laying about the room, and the girl herself delivered them up; and this might not be the room belonging to the prisoner? - I heard it was her room afterwards, but I do not know.
Q. Therefore whether any lodgers brought the things to that room you do not know? - I do not.
Q. They might have done so? - They might.
Q. They never acknowledged that this was the property of Mrs. Silk? - Not to the best of my knowledge.
Jury. Did she strip herself of the gown? - No, that was before I came.
I went along with this lady, Mrs. Silk, to this room, and we knocked at the door, and Mrs. Silk said how that was her gown that she had got on; she looked about the room, and saw a sauce pan; she said it was her's; the young woman made answer, and said, it was not her's; on the mantle piece there was a china cup and saucer, and and earthen ware on; and Mrs. Silk said that was her's, and Mrs. Silk asked for the rest of her things, and the young woman brought her a box, and gave what things she had; and there was a sheet in it, and part of a curtain, and her mistress had asked her for that, and she had said she had not got it; the things were in this box, she looked about the room, and saw a bundle tied up with some rough dried things; and there was an apron and handkerchief in it, which did belong to her mistress.
Mr. Knapp. Well, my little girl, so these things were all found laying loose about the room? - There was only the gown out of the box, the rest was in the box.
Q. If any body had said so, it must be a falsity? - There was nothing but the gown out, and that she had on her back; except the sauce pan, and the cup and saucer.
Court. Did your mistress make any enquiry about her things, or make any offer about them? - My mistress said, if she delivered all the things up, she would make it up with her; and the young woman denied it at first, and said, that she had none of her things.
Q. Was that any of these things that are now produced? - No, none of them things that we found.
Mr. Knapp. The old woman never said any thing about it? - I did not hear her say any thing about it.
Mrs. Silk. The gown and coat is mine, this sheet was whole when she took it; she owned she cut it, but she could not find the pieces; in this gown and coat there have been some moth holes, that have been darned in it; they are things that I wore some time ago, when I
Mr. Knapp. I have no doubt but what it is your property.
Prisoner Simpson, the younger. I went to this lady's in October, and she had me there a little while, and she said she would look me up a few old things, to make me tidy, and she gave me the gown, and I wore it with her a good while; I agreed for a sortnight's warning, and the place was so bad I could not stay in it, she would not allow me fire in the kitchen, nor victuals to eat; I told her I should leave her, and she said I should pay her a fortnight's wages; on Tuesday night I brought away my boxes, and she told me she would make me pay a fortnight's wages, and I put my hand in my pocket, and she said she would not take the fortnight, but she would keep the wages; she said she would make me repent of it, before the winter was out. The cups and saucers, and saucepan, were my aunt's.
Prisoner Simpson, the elder. When the lady came to the room, she came to ask for the black gown, that she had given to her, to lend to a person that was going to a burying; the child said, they were the things about the room; she asked her for other things; I can bring witnesses to prove that the saucepan was my own, and the cup and the saucer.
Jury. Whether Mrs. Silk had sworn the saucepan? - Yes, I can swear to it.
Simpson, the younger. GUILTY .(Aged. 20.)
Transported for seven years .
Simpson, the elder. Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
Q. Does the prisoner live with you? - No.
Q. Did you lose a bolster and a counterpane last month? - Yes, the 16th of last month.
Q. From what room in your house? - The front chamber; I had seen it the night before, between ten and eleven.
Q. At what time the next day did you miss it? - I was in bed, and between seven and eight the servant called me up, and I saw the prisoner at the bar and the servant standing in the entry, and the things at her feet.
I live with Mrs. Wiley; I was getting up between seven and eight o'clock, I heard somebody come down stairs very softly; I went to the door, and I saw her pass this door of the house, and I pursued her.
Q. She did not lodge in your house? - No, she was quite a stranger to the house.
Q. How did she get in the house, do you know that? - No.
Q. Have you got the things that you found in her lap? - Yes.
GEORGE FORRESTER sworn.
I produce the things.
Mrs. Wiley. These are my things.
Prisoner. This young body that keeps the room, told me to come and take the things to mend, to do what they wanted to have done to them; and I did not go that morning she told me, I went two or three mornings after that, and took the things, and this young body came and brought me
GUILTY . (Aged 36.)
Imprisoned six months in the House of Correction .
607. JANE SPARKS was indicted for feloniously stealing, on the 21st of October , a feather bolster, value 4s. a copper saucepan, value 1s. a flannel blanket, value 8s. a linen bolster case, value 1s. 6d. two linen sheets, value 5s. three green harrateen bed curtains, value 6s. a pair of bellows, value 2s. a flat iron, value 10d. the goods of Patrick Mordaunt , in a lodging room .
Q. Did you let a lodging at any time to the prisoner? - I did, some time in May, or June, I cannot be particular to the day.
Q. What room did you let her? - A chamber, a one pair of stairs room, to her and her husband, she took the room first, I believe he was at sea; but when he came home, he and she lived there, and they paid the rent; they staid there until the 21st of October last; he went to sea before that time; she staid until that day in possession of the place.
Q. What did you miss? - A bolster and the other things mentioned in the indictment? - One large blanket, two sheets, one marked with my name on it, and the other not marked; the things are in court; I found her coming down from the room with the bolster in her apron, and I went in the room, and found the duplicates of the other things.
Prisoner. Mr. Mordaunt knows that my husband had a fit of illness, and Mrs. Hardy had the same privilege of borrowing the bellows and the flat iron, and the tea kettle, as me.
Prosecutor. These articles I have not found, I do not charge her with these that I have not found.
Q. Do you know any thing more of it, than what your husband has said? - No, only the things were on the premises when she took the room, and they were the property of Mr. Mordaunt.
I am a pawnbroker, I produce two sheets, a saucepan, a bolster, &c.
Q. When were they pawned with you? - The saucepan was pawned the 25th of June, the blanket the 19th of October.
Q. Who pawned them with you? - The prisoner at the bar.
Q. Did you receive them yourself of her? - Yes.
Q. Did she give you any account of them? - She said they were her own.
Jury. Did she ever pawn these articles before, and redeem them again? - Yes, the sheets she used to take out every night; the saucepan and blanket was only pawned two or three days before she was taken up.
- LOCKEE sworn.
The curtains of Mr. Mordaunt were pawned with me by Isabella Reynolds, a person that I have known for a number of years, the prisoner I do not know at all, I never see her before she was at the office.(The things produced.)
Prosecutrix. They are all our property.
Jury to Prosecutor. Nor you Mr. Mordaunt? - No, never knew any thing of it till the day we went in the room.
Prisoner. My husband being ill, and through his illness I was obliged to pledge this property, when he was well he went to sea in order to reimburse the property, I don't know that it was any harm, so as it was reimbursed in the place again. Mr. Mordaunt keeps a house of ill same, and bawdy houses. Nothing but necessity urged me to pledge them, with just intention of putting the property in the place again; I submit to the candour of you, and the jury. There were people here for my character yesterday, and they have not come this morning; my husband returned last Monday and paid exactly one guinea and three-pence we owed for rent.
Jury. Is the rent all paid now? - Only what was due at the time she left the place.
Not GUILTY .
608. WILLIAM CASTELDINE was indicted for feloniously stealing, on the 23d of October , a silver remonstrance, gilded with gold, value 3l. two silver chalices, gilded with gold, value 3l. a silver chalice, value 10s. and a silver plate called a remonstrance, value 10s. the goods of the Rev. John Douglas , Charles Earl of Shrewsbury , Robert Edward Lord Peters , &c.
Again indicted on a second COUNT, for feloniously and sacrilegiously stealing, the same goods and chattels, being in custody of one Peter Gallet, clerk of a certain chapel, and holy place used for the exercise of the romish religion.
And in another COUNT, with feloniously and sacrilegiously stealing, the same laying them to be the property of Peter Gallett , laying in a holy place for religious worship.(The case opened by Mr. Const.)
Q. You are employed by the gentlemen who are trustees of this chapel? - I am.
Q. Is it your business among other things to take care of this place? - Yes, every day.
Q. Can you remember on the 33d of October whether you had secured it or how? Tell what you did, and the situation of the chapel with respect to the door? - The door that we found broke open was a side door, there are two side doors, but they broke that open that leads to the top of Warwick-street, we then found the vestry door broke open, together with an inward room, that door was also broke open, after which we found a cupboard broke open.
Q. On which day? - On the 23d of October. I secured the property of the plate, part of which was stole. I have only to say that part of this plate which is now forth coming-
Q. You have described the different parts, and the doors that lead to the plate being broke open. In what part was the plate deposited? - In the cupboard in the inner room.
Q. Was that fastened? - I locked it myself and I locked all the other doors
Q. What part of the plate was stolen? What part was moved out from the cupboard in which you placed it? - There was a silver chalice gilt, taken away, there was a kind of chalice with a cover to it, on the top of which cover there was a cross; there was also these pieces of plate; namely, a remonstrance, used in the service of the altar.
Q. Was these all taken away? - Yes, and a very small kind of chalice, silver gilt with a cover to it.
Q. Was there any thing else? - There was another kind of plate, a salver, that was taken away. I know the prisoner very well, he was once a tenant of my father's, and he was continually about the neighbourhood.
Q. Did the prisoner attend the chapel? - Not to my knowledge.
Mr. Knapp. You say the the prisoner at the bar was a tenant to your father; how long was he a tenant to your father? - I cannot positively say, he lived in Leicester-street, Warwick-street.
Q. You say he was tenant about a year? - I believe so.
I am a watchman.
Q. Was you on your beat in Warwick-street on the 23d of October? - Yes, on the 24th in the morning.
Q. Tell us what you observed? Whether you saw the prisoner there? - After I turned the half after one, (you may say twenty minutes, or a quarter before two,) I heard, within three doors of the chapel, a noise, rattling like breaking of windows; I marched up, and saw three men come out of the chapel, the prisoner at the bar was the first, with that I crossed over immediately, and pulled out my rattle and sprung it, with that when I sprung my rattle the prisoner ran away down the street partly and then crossed, and the other man that was with me in company wheeled back to the right; if I had followed them two I should have lost all three; with that the watchman in Mary-le-bone-street, ( John Crowder ) he came up in Warwick-street to me, and he never lost sight of the prisoner till he was taken; that is the same man that I was following then, he was taken in Air-street, I could not get up.
Q. Did you see him with Carter, another watchman? - Yes, Carter was there; then we took him to the watch-house and left him there, and went back to the chapel to see what possibly was done, we found the door was broke open, the lock was broke so that we could make no use of it that night; accordingly when we went, one man picked up some bits of plate, then we searched all round the galleries, and below stairs to see if there was any body there, and there was nobody, then we went in this room, and we found this first door which leads to the sexton's room broke open; then we came into the sexton's office, and there were all the vails, as they are called, laying distributed about, and some pieces of plate.
Mr. Knowlys. You have told the gentlemen of the jury every thing that you said before the magistrate? - As nearly as I can recollect; I would not say a word neither backwards, nor forwards if I knew it.
Q. You was asked at the magistrate's whether the prisoner was one of the three? - Yes.
Q. Do you mean to say that you answered then that he was? - Yes.
Q. Upon your oath, you said then, in answer to that question, yes, to the magistrate? - Yes; he was the first man that came out of the chapel.
Q. What did you say to this gentle
Q. Upon your oath, did not you say before the magistrate no? - I have witness that you said so. Upon your oath, I will have an answer to my question? - At the juctice's, sir! no, every man answered, yes; I said myself, Yes; upon my oath I said, yes.
Q. You was asked by the justice likewise, whether you saw him come out of the chapel? - Yes, I was.
Q. Did you say directly that you did? - I did, directly; and justice Conant set it down.
Q. Upon your oath, did you say it directly? - Yes.
Q. You did not hesitate at all? - No, I made no hesitation at all.
Q. What sort of a night was this? - wet night.
Q. Was it dark, or was it light? - Dark cloudy night.
Q. How many yards do you think the prisoner was from you when you first saw him? - About thirty or forty yards, I fancy; it is impossible to tell exactly when a man is in a slurry.
Q. He was running from you? - He was; and the other men turned back; I positively swear he is the man that came out.
Q. You know the prisoner at the bar? - Yes, I have seen him several times.
Q. I believe he used to give you broken bones? - Yes, he did.
Q. How long has he discontinued that? - He hath been out of his shop these two years; he used to give it to me the same as my master now gives me a bit of fish. A poor man is very glad of that.
Q. You are a watchman in the parish of St. James's? - Yes.
Q. Do you remember seeing the prisoner at any time on the morning of the 24th? - Yes, very well.
Q. Where did you see him? - In Warwick-street. About two o'clock I heard a watchman's rattle at Warwick-street; Barnes cried out stop him! I saw the man between me and Barnes; Barnes was after him; that man turned round by me, and I immediately sprung the rattle, pursued him down Mary-le-bone-street to Air-street, springing my rattle, and crying out stop thief! and by the assistance of the watchman in Air-street, who ran up against the man and took him, and I run down on him; hold him, says I, for he is the thief; with that we stopped there a bit; Barnes, who is the watchman of Warwick-street, he came, he says, it is you, Mr. Butcher; says he, I have had information of you these six months; we immediately then took him to the watch-house, where we left him at the watch-house; we then went up to the Chapel.
Q. Then the prisoner at the bar was the man that you took? - He was; I never lost sight of him till that I took him, after that I saw him between myself and Barnes.
Mr. Knapp. The prisoner, was he searched? - Yes,
Q. Nothing found on him? - Nothing.
I saw the prisoner running, and the other watchman crying out stop thief! and when he came up close to me, I catched hold of his collar; and he said, what is the matter, my friend? I said, I do not know.
GEORGE CARTER sworn.
Q. Tell us what you know of this business. - On this night about half after or o'clock, I was crying the hour, in Brewer-street, the corner of Francis-street; just as I got the end of Brewer-street I heard a watchman's rattle springing about, I went up Warwick-street, and I am the
Q. But he never attempted to run before that the rattles sprung? - No, he did not.
Mr. Const. Did not his running away strike you very extraordinary? - I knew the prisoner several years, and told him to stop.
Q. Instead of that he ran away? - He did.
GUILTY . (Aged 32.)
Of stealing, but not sacrilegiously.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
Q. Do you live with John Fisher? - No. I was going down Swallow-street , between six and seven o'clock, the 21st of October, and I saw three men stand just at this shop door of Mr. Fisher, I saw one of them go in the shop, he had nothing with him when he went in the shop, and he brought out a roll of linen under his left arm, he put it under his coat and ran up Swallow-street, and the other two ran after him; I can say that the prisoner was one of the three; and I gave the alarm.
- NICOLSON sworn.
I live with Mr. Fisher.
Q. Did you see this done? - No, I did not; I took the prisoner.
Q. What time did you begin the pursuit? - Near about six o'clock, I cannot say exactly to a minute. Mrs. Smith was going by opposite at the time, she saw three men pretty near the shop door, she thought they were about no good, she came in and informed me that she saw a man take a piece of cloth; and I went out, and I perceived three men standing together; when I advanced to them they dropped the piece of cloth, they formed a sort of a circle.
Q. How far from this shop? - About sixty or seventy yards. After they had dropped the cloth, the prisoner at the bar came to meet me, and the others made off up the street, and I was trying to get past this here; and he attempted to stop me.
Q. Was the prisoner one of the three that you saw standing? - I got past the prisoner, and went and took up the cloth, and he immediately turned up the street; I went in pursuit after the prisoner and caught him at the corner of Leicester-street.
Q. Did he run away as soon as you past him? - He ran away, and I hallooed out stop thief! myself.
Q. Where did you overtake him? - I overtook him at the corner of Leicester-street, going into Warwick-street.
Q. Are you sure he is one of the three? - I am; and the cloth dropped down from before him, but which it came from I cannot tell. It hath got the number on it, and the maker's name, which is the same name as my master's.
Prisoner. Is it possible that I could come into the gentleman's shop, and take a roll of Irish off the counter, without his seeing of me?
Court to Nicbolson. Whereabouts was you in the shop, when Mrs. Smith came in? - I was in the shop, folding up some prints, which had been opened in the course of the day; there was a large pile
Prisoner. I was coming down Swallow-street, that gentleman comes and lays hold of my collar; he lays hold of me about a minute, and found nothing about me, and he let me go; then he ran after another man, and then he let that man go, and came and ran after me again.
Court to Nicholson. Did you apprehend another man first for this? - No, this is the only person that ever I touched.
GUILTY . (Aged 16.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
The witnesses were called on their recognizances.
The witnesses were called on their recognizances.
There was no case against the prisoner, and he was.
613. JOHN TAYLOR was indicted for that he, on the 16th of May 1771 in the town of Baldock, in the county of Hertfordshire, did marry Sarah Marshall , spinster; and that he also, on the 30th of May, and in the thirtieth year of his present Majesty's reign , did marry and take to wife, Margery Sophia Richardson , his former wife being then living and in full life .
I live at Baldock, in Hertfordshire.
Q. Do you know the prisoner at the bar? - Yes.
Q. Where was he married? - At Baldock, in Hertfordshire.
Q. Do you know whether they were married by bans or by licence? - By licence.
Q. You was in the church at the time they were married. Do you know the first wife, is she alive? - She was alive the 19th of September last.
Q. Did you see her on the 19th of September last? - I see her myself.
Q. Are you quite sure that the prisoner at the bar was the man that was married to Marshall? - Yes; and more than that I was clerk of the parish at the time.
Mr. Knowlys. At what parish was this that they were married? - We have only one parish in Baldock.
Q. Is it not St. James's or St. John's? - I cannot tell.
Q. You have been parish clerk? - Yes, I have.
Q. Did you know Mr. Pearce before? Is that the Mr. Pearce which was taken up on a charge for high treason some little time ago.
Mr. Alley objected to it.
The Court over ruled the objection.
Q. Is this Pearce that applied to you to come here the man that was taken up for high treason? - I do not know.
Q. Do you know how he found out Mrs. Marshall? - Do you know whether he is any relation to Marshall? - I do not.
Q. Who gave Sarah Marshall away? - Myself.
Q. Have you a perfect knowledge of the person of the prisoner? - Yes; I have known him for many years.
Q. Are you quite certain that that was the man that married Sarah Marshall? - Yes, I am.
Mr. Trebeck. Mr. Barnesly, what brought you here, or who brought you here? - I was subpoenaed here.
Q. Who subpoenaed you? - Mr. Pearce, attorney.
Q. Is he the brother or relation of any of these parties? - I do not know.
Q. Did you ever hear any thing of him at Baldock? - Not to my recollections.
Q. Did you ever hear whether this Mr. Pearce was that person that was apprehended for high treason? - No, I never saw this Pearce to my knowledge.
Q. Do you know who Mr. Pearce is? - I never saw him before.
Q. Did you ever hear he was clerk to a person of the name of Martin? Do you know of your own knowledge whether this Mr. Pearce is clerk to Mr. Martin, an attorney? - No, I do not know that.
Q. Will you give an account to the gentlemen of the jury who applied to you to come here, to prosecute this suit, and the manner in which it was done? - Mr. Pearce served the subpoena on me himself.
Q. Did he stay with you any time? - No.
Q. Do you know the prisoner at the bar? - I do.
Mr. Knowlys. Was you examined before the grand jury? - No.
Q. How lately have you been subpoenaed? - On Monday last.
Mr. Ager. Had you the misfortune to know the prisoner at the bar? - I consider it as an happiness that I have known him.
Q. By what description did he pay his addresses to you? - Not as a batchelor, I knew of his marriage before, and the friends which I lived with knew the very circumstance.
Court. Did he tell you that his wife was alive? - Yes.
Q. Did he not marry you by the description of a batchelor? - He did not marry me as a batchelor.
Q. In May 1792 he married you? - He did.
Q. Was you married by bans or by licence? - By licence.
Q. Do you know that it is usual on the occasions, when the marriage is by licence, that the party should swear that he is a batchelor?
Mr. Knowlys. You call yourself the wife of this gentleman? - I do.
Q. At the time before he married you, you did not. Do you still love, honour, and respect him? - I do; and hold myself sacred, as his wife, as ever.
Q. Was you forced to it by any relation of your's making any objection at all to it? Was it mentioned to some of them or all of them? - Before the marriage was consummated it was known in every circumstance.
Q. I will ask you a question, which certainly may appear very distressing to a female mind to answer. Whether you have not known it has been asserted from authority that you cannot doubt; that the first marriage was never consummated from an act of Providence, in the formation of the person of the first wife?
Mr. Ager. I object to this.
Q. I ask you whether you was no; told by Mrs. Taylor, the first wife, herself, that she never was capable of receiving the embraces of her husband; and therefore she had permitted him to part from her, and to live with you, with her own consent? Did not the first wife know of your marriage? - Not at the time, but afterwards she did, and approved of it. The circumstance you asked me just of, I was told of by Mrs. Marshall's friends.
Q. Has Mrs. Marshall, or Mrs. Taylor, known of your marriage? visited you with her approbation? and has she not supported you and Mr. Taylor down to this present moment? - I am in the greatest friendship with her down to this present moment, and hope to be so to the end of my days.
Q. I now ask you whether you or any of your friends instigated this prosecution? - They did not, none of them.
Q. Do you know what great reformer of morals brings this prosecution forward? - Spite and malice, I know from my own knowledge.
Q. Do you know that your husband is a witness on some trials that are to be hereafter?
Court. I shall not suffer you to call this man her husband.
Mr. Knowlys. I beg pardon. Then tell me do you know that this gentleman is a witness in some prosecutions that are to come on? Do not you know and by those that have instigated this prosecution, that you are brought here for the purpose that his conviction may be a means from the prosecutor preventing him from giving his evidence on these prosecutions? In every transaction of Mr. Taylor's life that hath come to your knowledge, is he a man deserving of an excellent character, a moral man, and worthy of belief? - I always found him extremely kind to me, and to all his friends, and would serve any one.
Mr. Ager. Do you mean to state in the face of the world, and in the face of this court that a man that hath obtained a licence and perjured himself to be an unmarried man, is worthy of credit in any court of justice in the world? - It was the wish of the first, Mrs. Taylor, that he would marry and settle with some young woman.
Q. Do you know, on the testimony of that man, that one man has been already drawn, hanged, and quartered, and another man stands convicted in the testimony of that man? - I cannot answer how that may be.
Q. Do you know that this man is a witness on the trial of twelve or fourteen on their lives? - I do not know any thing for a certainty, but I understand so.
I was clerk to Mr. Martin.
Q. Have you got the register of the marriage of any person about you? Be kind enough to shew them? - There is the register of the first marriage, and here is the register of the second. I examined them; the first with the rector of the parish at Baldock, with the marriage books.
Mr. Knowlys. Who did you apply to at Baldock? - To Mr. Caleb Hill, the rector.
Q. Did you see the register yourself? - I was present, and saw him write it from the register book; then we examined it, I took that and looked at the book, and he read that register, and then I read the book, and he looked at the register.(The register read.)
" John Taylor , of the parish of St. George the Martyr, of Queen-square, London; and Sarah Marshall , spinster, of this parish, were married, by licence, this 16th of May, in the year our Lord 1771, by one Caleb Hill, rector. This marriage was solemnized between us, John Taylor and Sarah Marshall ; in the presence of Richard Barnesly and Richard Watt ."
Witness. Here is the other register.
Q. Where did you get that? - I obtained that at St. Bride's parish, in London, and examined it the same way as I did the other.
Q. Was you by at the time the defendant was taken up? - Yes,(The other register read.)
"St. Bride's Vestry, Sep. 19, 1790. John Taylor , of the parish of St. Botolph, Aldgate, London, batchelor, and Margery Sophia Richardson , were married, by licence, this thirteenth day of May, in the year of the Lord 1790, by by me, Thomas Pearce, M. A. This marriage was solemnized between us, John Taylor and Margery Sophia Richardson; in the presence of John Willis , Elizabeth Palmer, and Ann Williams.
Q. What did the witness say at the time he was taken up? -
Mr. Knowlys. You are a clerk to an attorney, and I expect you to understand evidence, and I expect you to keep to it. - I saw Mr. Taylor after he was committed, by Mr. Flood or Bond, at Bow-street office, and I heard.
Q. Then it was taken down in writing? - I do not know it was.
Q. Will you swear it was not? - I will not; there was no one person writing in the office when I was present; and if there was I did not see it.
Q. I expect that you will swear any thing.
Mr. Alley. Upon your oath, and I desire nothing from you but the honest truth, was an examination taken in your presence? - There was no written examination. I can only speak to what Mr. Taylor told Mr. Flood, the justice;
Mr. Knowlys. Was there any written examination taken down in writing or no, and was not this taken down in writing? - No.
Mr. Alley. I ask you on your oath at the time that this conversation took place, was there any body taken down any thing regularly? - No, Mr. Lavender was not writing, he was present.
Mr. Alley. What was this conversation? - After Mr. Flood had committed Mr. Taylor, Mr. Taylor said, that there were two marriages, and that he had a good defence to make, the reasons of which he would not then enter into.
Q. Do you know what situation of life Mr. Taylor is in? - No, I do not.
Mr. Knowlys. You was clerk to Mr. Martin, the attorney? - I was for about three quarters of a year; I was assigned over to him on the 13th of January.
Q. Are you clerk to him now? - No, my articles are now expired.
Q. You are attorney of this prosecution? - I am the prosecutor.
Q. Pray what relation are you to Mrs. Taylor? - No relation whatever.
Q. What relation are you to Mrs. Richardson? - No relation at all, I did it merely for public justice.
Q. Pray when did you prosecute a man for a burglary? - I do not know.
Q. Then, sir, you are a sort of a public prosecutor? - Yes, certainly, and I mean to continue so, when ever any thing comes within my cognizance, and knowledge.
Q. Then of course you will not be paid for this? - No, I shall not, I have done it merely on my own head.
Q. This fell within your cognizance? - It certainly did; I heard of the circumstance from the country, and I made enquiry, and I found it was fact, and knowing the man, as I conceived him to be a man of bad character, therefore I prosecuted him, not with an intention to do that which is unjust, but merely that he should be obedient to the laws of his country.
Q. Then this tale, you heard of it by accident? - If you please so; I received a letter from the country first of all; I heard of the second marriage from a Mr. Jefferson, and I also heard from the same the marriage of the first.
Q. Did you take the trouble to go to Baldock? - I went to Baldock on purpose, but I went some part of the way on other business.
Q. Then it seems you have no other motives? - I have no animosity whatever against the man.
Q. Mr. Pearce, you are not then under bail to answer any charge of high treason? - I was taken up, and I am under bail at present.
Q. You are then under bail to answer in a charge of high treason that was preferred against you; you never heard that this man was a witness against several persons that were tried for high treason already? - I have seen his name in a list of witnesses that was on the occasion.
Q. Then before that time you did not know till you saw the last paper? - I never had, on my oath.
Q. No, and trials for high treason? - I did not know that he was to be produced as a witness, nor did I ever hear of it.
Q. What did you suspect? - I do not know that I am bound to give any suspicions.
Q. Upon your oath have not you suspcted that he would be a witness against these persons for high treason? - I never heard that he was a witness against Watt and Downie; I heard there was a person of the name of Taylor, but I did not make any enquiry whether this was the man or not.
Q. How came you to know Taylor at all? - Because he was a member of the society to which I belonged.
Q. To what society? - The London corresponding society, and which I conceive is clear from any aspersion by the late verdict.
Q. Perhaps you heard that he had left you, and given information, before you took any steps towards the prosecution? - The first I heard of it was, I saw him at the privy counsel.
Q. Did you see him at the privy counsel? - Sure I did.
Q. Was it before or after you took any steps in this prosecution? - It was prior; the lords of the privy counsel, they was so satisfied with my conduct, that they discharged me on bail, that I should appear when I was sent for.
Q. Upon your oath did not you suppose so? - I did suppose so, but I instituted it for public justice only; I am not now a member of that society; I commenced the prosecution since I absented myself.
Q. How long after you had been before the privy counsel, was it before you received the letter from Mr. Jefferson? - It was some time, I heard of it before, it was a flying, report, that he was a man who had broke the laws of society, that he had two wives.
Q. You did not set about enquiring after it, till after you left the privy counsel? - I did not, I took no notice was sure; I had references given to me, where I might make application, and I then took the necessary steps, and I have athrmed as I did before, that if any thing comes within my recognizance, and I can afford it, I shall do the same; all I shall have is, a satisfaction in discharging my duty to society, bringing to punishment them that offend the laws.
Q. I dare say it will be great satisfaction to you, to make two innocent women very uneasy? - I was the last person in the world to give any human being uneasiness, but I wish to see the laws of the country not violated. In all the business which I have done, I have taken care that the stamp act shall be fulfilled, as far as relates to myself.
Q. There are a great many bawdy houses, gaming houses. Be so good as to let me see you here every sessions; you was not in court when that amiable young woman was here? - No, I was not in court, I was ordered out by your own desire, and I went out.
Q. Then you think yourself a party attacked to the guilt of bigamy? Have you been told that this connection with this young woman, was with the consent of her own friends, and with the consent of his former wife? - No, I never heard of it.
Q. Perhaps you did not enquire whether it was with the consent of her relations? - I did not.
Q. Did you ever call on the first wife, to tell her what you was going to do? - I did not.
Q. Did you call on the second lady, and tell her, you did not want to see her? - No, I only consulted the laws of my country.
Mr. Alley. I ask you on your oath, was not you immediately discharged from the privy counsel on the common bail being given, when a man is taken up to set him at liberty; the prisoner at the bar prosecuted these men in Scotland; sup
JOHN WILLIS sworn.
Q. I believe you are clerk of St. Bride's church? - No, I am not.
Q. Was you present at the marriage of the defendant any where? - Yes, I was.
Q. How did the defendant describe himself, as a windower, batchelor, or how? - I cannot clearly say.
Q. Have you seen the certificate of the second marriage? - I have not, I have seen the entry in the book, and I signed it.
Q. Did you see the defendant married? - I did.
Q. Are you sure it was the defendant? - I am very sure.
Mr. Knowlys. You knew that he was married before? - I heard so.
Q. Have you not heard it before? - I have heard it before.
Q. From whom had you heard it? have you not heard it from Mrs. Taylor herself? - My wife was the first that told me of it; I never saw that first Mrs. Taylor with my eyes, before the marriage.
Q. You went and told this young lady that he was married before? - I did, and persoaded her from it.
Q. And then you went and was present at this illegal act? - Yes, I did.
Mr. Knowlys. O, pretty Mr. Willis.
Mr. Ager. You endeavoured to prevent this abominable and atrocious felony? - I did.
Mr. Knowlys. You told the parson of it? - I had not an opportunity to talk to the parson.
Q. How came you to tell me you had not an opportunity to tell the parson of it? - I did not know that clergymen, when they are doing their duty, is to be talked to.
Q. You know when you witnessed the marriage all the ceremony was over, why did not you tell him then? then you would not have interrupted him? - I did not know that I had a right to do it.
Q. Perhaps you have quarrelled with Mr. Taylor? - Quarrelled with him! no; yes, I have.
Q. Which is true? - I would not have come here if I had not been forced to it.
Q. Who forced you? - I had a subpoena.
Q. Who gave it you? - It was given me by one that I have no knowledge who it was.
Q. And about this business? - He spoke to me about it once, he did not tell me that he was going to subpoena me.
Q. You never contributed at all towards this? - No.
Mr. Ager. What did this amiable young lady say, when you told her that he was a married man? - She said he had well convinced her that he had as much right to marry as any single man ever had.
Prisoner. I beg to leave it to my counsel.
Mrs. Taylor was called.
Mr. Knowlys said, she is the person that is charged to be the first wife of the defendant, and I have only called her to shew that she hath approved of it, both by giving them leave, and approving of them
Imprisoned a fortnight , and fined 1s.
Tried by the London Jury before. Mr. RECORDER.
614. ELIZABETH GRAY was indicted for feloniously stealing, on the 24th of September , two muslin handkerchiefs, value 2s. four yards of cambrick, value 1l. 12s. six linen handkerchiefs, value 7s. five cotton handkerchiefs, called pullicat handkerchiefs, value 3s. 6d. the goods of Joseph King .
Q. Do you know of his losing any thing on the 24th of September last? - Yes.
Q. What did he lose? - A muslin handkerchief.
Q. What else? - Nothing else at that present time.
Q. When was it he lost the other things? - The other things was found in the prisoner's boxes.
Q. Did the prisoner live in the house? - No, the prisoner lived in Banner-street, with Mr. Smith.
Q. How came this to be found out? - She came in, the 24th of September, in the evening, and asked for some muslin for cap borders, I shewed her some, and cut her a quarter of a yard, she paid me for it; when I was looking for some paper, I lifted up my head, and I saw her take a muslin handkerchief off the counter, she seemed rather confused, seeing I saw her, she held it down beside her, between her and the counter; in a minute or two afterwards I saw her put it in her pocket; I immediately informed an elderly person who was in the shop with myself, what was best to do; while we were speaking she went out at the door, and I called her back again, and desired her to walk into the kitchen, and I desired a young woman to search her; she went down into the kitchen immediately, and the young woman went down with her, and found the handkerchief on her; we sent for her master and an officer, and her master demanded the key of her box; this is what was found in it, and the constable and her master and myself saw it there.
Q. Do you live in the house? - Yes.
Q. Did you search that young woman? - Yes, on the 24th of September; when she came in the kitchen she had a young infant in her arms, which belonged to her master, Mr. Smith; I took the infant away, and was going to give it to a young person that was in the kitchen at the time; she had got the handkerchief under the child's petticoat; she was going to put it in her pocket; I told her she had no occasion to put it in her pocket, she had better give it to me, and she gave it to me in my hand.
Q. Did you know it to be your master's yourself? - Yes, I did, because I attended in the shop.
Q. Who hath got the handkerchief? - The constable, Mr. Mason.
I have got an handkerchief; on the 24th of September I was sent for by Mr. King, to come and take charge of a person who had robbed him; I went, and did not see the prisoner for some time, the prisoner, I was informed, was in the kitchen, and when I saw the prisoner; her
Q. Who gave you the handkerchief, the person that keeps the shop? - I am not quite positive, I believe it was Mr. King, the master of the shop; I had not seen the prisoner till I went and searched her box, and all these articles were found in the box.
Q. Do you believe this is the handkerchief? - I am positive, because I twisted this about it, to distinguish it from the others.
Mr. Hillass. I know the handkerkerchief, it is my own mark.
Q. Is that the handkerchief she took from the counter? - Yes, it is.
Prisoner. I have got some friends here.
GUILTY . (Aged 40.)
Imprisoned six months in the House of Correction, to hard labour , and fined 1s.
615. MARY DUBBINS the elder, and MARY DUBBINS the younger, was indicted for feloniously stealing, on the 27th of September , two linen sheets, value 3s. two linen bed curtains, value 1s. the goods of John Hinchcliffe , in a lodging room .
JOHN HINCHCLIFFE sworn.
I am a porter .
Q. Did you lose any thing last September? - Yes.
Q. What day was it? - I do not know what day I lost it, but I did not miss it till the 22d of September, I lost two linen sheets and two linen curtains.
Q. Where did you lose them? - From No. 34, Widegate-alley , out of a room that I let to the two prisoners; when they took the room of me one told me she was a married woman, and she took the room for her and her sister.
Q. Who took the room? - The married one.
Q. How long did they live in your house? - One month.
Q. Did they leave you before you found this out or afterwards? - They did not leave me till other people came and told my wife that they had pawned upwards of fifty poundsworth of property, and my wife sent for me, and we went up stairs and found they had stripped the bed of the linen, sheets and curtains, and I sent for a constable to take them up.
Q. Where did you find the things again? - I have not found the two linen sheets, the two linen curtains, the elder of them had them in her hand when the constable came in my house, and he took them from her.
Q. When? - On the 22d of September.
Q. What time of the day? - I think it might be about seven o'clock in the evening.
Q. Where was it you saw the prisoner with the linen curtain? - At my door, the outside of the door, I opened the door to her.
Q. Did you stop her on that? - I did not stop her till she came up to my house, when she came in the constable was there, and I gave charge of her.
Q. Did you search her? - Yes, and found forty-one duplicates on her and the curtains.
Q. Did you ever see the younger, Mary Dubbins, after the things was taken away? - The younger was in the room at the same time.
Q. Had she any thing on her? - She had them duplicates on her.
Mary Dubbins the elder. You did not stop me at the door.
Prosecutor. I opened the door.
I am a pawnbroker, I have got a sheet, it was pledged for two shillings.
Q. Do you know who brought that sheet? - Mary Dubbins, the youngest.
Q. Do you know when you took it from her? - The 25th of August.
Q. Did you ask her any questions about it? - I cannot remember whether I did or no, it is some time ago.
Q. Are you sure she is the same person that brought it? - I have no doubt of it; I have seen her before, because I have took two or three articles from her before.
Prosecutor. This is my sheet, I know it by the description of the prisoner, I know it by the cloth, and I know it by the breadth, and I have a private mark on it, but the prisoner said before the Lord Mayor that the sheet was at this pawnbroker's.
Court to Blossom. Was you before the Lord Mayor? - Yes.
Q. And you produced the sheet? - I did.
Q. Did you hear her say any thing of it? - Yes, I heard her confess to that sheet.
I am a pawnbroker, I have got a sheet.
Q. Who brought it to you? - The young Mary Dubbins.
Q. Was you before the Lord Mayor? Did you hear her confess to that? - Yes, she said it was the prosecutor's sheet.
Prosecutor. I have no mark on it.
I found these two tickets on the prisoner, and this pocket book, the duplicates of these two sheets was in it.
Q. Did they lead to these two sheets? - Yes, they did.
Mary Dubbins the elder. When Mrs. Hinchcliffe found out the sheets and bed curtains were missing, I went in the afternoon to get the money of a friend to get them out again, I went to this friend of mine and see him, and he lent me three shillings, which was not sufficient to bring in the things, because they came to about five shillings, I brought the one parcel which came to two shillings and a penny, and told him if I had the time I would get the other in the morning, and what we did do, we did it out of distress, having nothing to do all the month I was there at Mr. Hinchcliffe's.
Mary Dubbins the younger. I have nothing to say but the very same; the things were never taken away inrentionally meant to defraud Mr. Hincheliffe, I meant to get them out again as soon as possibly I could.
Court to Prosecutor. Is your wife here? - No.
Q. Do you happen to know whether any thing of this fort passed between the the prisoners and your wife? - She told my wife when my wife stopped the younger, that she would fetch some of the things in if she could; there was news came that she had pawned ten pounds worth in one day.
Both Not GUILTY .
Tried by the London Jury before Mr. Baron HOTHAM.
616. THOMAS FORD was indicted for feloniously stealing, on the 20th of September , four pounds and a half of ginger, value 4s. the goods of Samuel Pinchen , John Porter , Thomas Kilby , Robert Monk Hubbins , William Davies , William Hold , and Robert Hobbings .
I am a gangsman.
Q. Do you know of any ginger being lost? - Yes, on Saturday, the 20th of September, about four pounds; I have not seen it weighed, I took Ford with it in his apron myself, in Brewer's Gateway , at the top of the gateway.
Q. What time of the day? - About two, as nigh as I can guess.
Q. What was Ford? - I can give you no account of him only seeing of him about the keys.
Q. Do you know who it belongs to? - To a Mr. Hibbitt; it was landed at the Union, Thompson's; it is our property till delivered from our hands, we are obliged to make good all losses.
Q. Then you had not delivered this ginger? - No.
Q. Did the prisoner give any account of it? - I took him by the collar, and he threw the ginger out of his apron down unto the ground.
Q. Is there any mark about this ginger that enables you to say it was Mr. Hibbett's? Was there any ginger like that landed on that day? Was there a large quantity landed? - Yes, a great deal.
Q. Have you got it here? - I gave it to the officer, and I gave him in custody with it.
I have got the ginger, I received it from Drake, with the prisoner, on the 20th of September, a quarter after two; I have had it in my custody ever since; I went down to the keys, and saw a bag cut which appeared to be of the same sample.
Q. To Drake. Do you know this ginger? - Yes, that is it; that is the wrapper he tied it up in when it was picked off the ground.
Q. To Hunter. Hath it been in that wrapper ever since? - It has.
Prisoner. I was coming along the gateway, and I saw the ginger lay, and I picked it off the ground; I never took the ginger out of the bag, nor saw the bag near.
Court to Drake. Did you happen to see whether there was any of it distributed about? - There was none distributed about, one quarter of an hour before that, because I was looking at all the bags. I am positive at that time the bags were all found.
GUILTY . (Aged 43.)
Imprisoned six months in the House of Correction and fined 1s.
Tried by the London Jury before Mr. Baron HOTHAM.
Humphry Briant and William Button , between the hours of five and six in the night, on the 25th of October , and stealing therein, four pieces of printed callico, each piece in length twenty-eight yards, value 6l. the goods of the said Humphry Bryant and William Button .
Q. What are you? - A wholesale linen draper ; I am in partnership with Humphry Bryant.
Q. Did you live there? - I did.
Q. What is it, a shop and dwelling? - Yes.
Q. All under the same roof? - It is.
Q. Do you recollect any thing happening at the house on the 25th of October? - I was out of town, I was at Canterbury, I returned on Monday, the 27th, and missed these things.
Q. Have they been found again? - Four of them. I have no printed marks on them; but I swear they are the prints that I lost.
Q. Do you know either of the two prisoners at the bar? - No, I never see them before, except when they were taken before the alderman.
I am the constable. On Saturday, the 25th of October, William Eaton, another of the witnesses, and myself was going down Basinghall-street, about seven o'clock in the evening, the prisoners at the bar past us; as they past us I had a suspicion seeing this bag on one of their shoulders, we thought they had something in it that was not their own, I turned about immediately, and the youngest of the two, Leader, turned about, to see if I was following them, as I apprehend, Eaton and me followed them till they came into Church-alley, which leads into Aldermanbury, out of Basinghall-street; I then stopped both immediately and asked them what they had got In that bag? John Hullock answered that he had got prints; I asked him what prints? and where he was going with them? he said I might go along with him, and said he was going to his master's; I asked him where his master lived? he told me in Cow Heel-alley; that is an alley leading out of Whitecross-street into Golden-lane; I told him it was a place I did not chuse to go to, our watch-house was nearer, he should go to that. I took him down to the watch-house, and sent for the keeper; as soon as I got them in the watch-house and got a light, I asked them what was in the bag? he said at last, they were four gowns; I told him I did not chuse to go to Cow Heel-alley, I asked him to give a direction where he brought them from; he did not give an answer for some time; I said, I insisted on knowing where you brought them from; he then said, he did not know the gentleman's name; I then asked him if he knew the name of the street? and I would endeavour to find out the house; he told me, no, he did not know the name of the street; and then I insisted on knowing how he came by them; and he told me that a man in the street told him he would give him two-pence for carrying them; that was all the account I could get out of him.
Q. Which of the prisoners was it? - John Hullock had the property.
Court to Button. Do you six on any of these things to be your's? - Yes, every piece of them, all to be mine; but I have no marks particularly, only one
WILLIAM EATON sworn.
On Saturday, the 25th of October, I was turning me to go for a pitcher of water, which I did, and saw the warehouse with the street door open; I live in the house with them.
Q. What time did you go out for the water? - Half past five.
Q. Was not you rather surprised? - I was rather surprised to see the warehouse window open, and on turning the prints over I found three of one pattern gone, and three or four different other patterns gone.
Q. When had you been in the warehouse before? - About five minutes before.
Q. Was the window fast? - Yes.
Q. How was the window when you saw it afterwards? - One square of wood was pushed into the warehouse.
Q. And was the breach so large that it would admit any person getting in? - No.
Q. Then it must be drawn out by something? - Yes.
Q. You did not know that the prisoner had been taken on Saturday night? - Not till my master told me on Monday.
Q. Do you know any of these things? - This is the pattern that there were these gone of.
Q. Do you know any thing of the prisoner? - No, I never see him before.
- HOGARTH sworn.
I know two of these prints very well.
Q. Who were they made by? - By Mitchell, in Carlisle, he was the printer of them, there are the printer's name on the ends of them; I sold two of these prints to Mr. Button, myself, to the best of my knowledge.
Prisoner Hullock. I was at home about half past six o'clock, this here young man came and called me down; I was at home with my wife and family; and he asked me to come as far as the Old Jewry with him, to carry a bundle for him; so I went along with him, and he told me to wait there for about ten minutes, and I did, and he brought me the bundle to carry for him as far as White Horse court, and he would pay me for the trouble. I have got a wife and two childern.
Q. How old are you? - Twenty; I have got a young boy four years of age, and my wife now lies in; I am quite innocent of it as a child unborn; them two gentlemen asked me what there was inthe bundle? and he told me there was nothing but prints, and I told them there was nothing but prints; I never saw them, till I saw them open at the watch-house.
Prisoner Leader. I never saw this man before with my eyes; I had been in Cheapside, and down Basinghall-street, and got about forty or fifty yards down Basinghall-street, and this man overtook me, and he asked me what it was o'clock? I told him about seven; he asked me where I was going? I told him I was going to
The prisoner called two witnesses who gave him a good character.
John Hullock, GUILTY. (Aged 20)
Of stealing to the value of 39s. but not breaking and entering the dwelling house .
Transported for seven years .
618. THOMAS TOBINS was indicted for feloniously making an assault on Beatus Stavell , and putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 2l. a steel watch chain, value 1d. a brass watch key, value 1d. the goods of the said Beatus Stavell.
BEATUS STAVELL sworn.
I am a french teacher .
Q. Was you robbed at any time? - Yes, I was robbed on the 26th of September , I was returning from Stoke Newington; I took a coach at half an hour past six, and arrived in Cheapside.
Q. What coach was it? - The Newington stage, at six o'clock, and I arived about a quarter before eight in Cheapside, or a little before; then I walked in Newgate-street, all along, and being a dark night I took a hackney coach at the Old Bailey.
Q. Where was you robbed? - In this hackney coach, not in the stage.
Q. Where was you when you was robbed? - I was a little below St. Sepulchre's ; all of a sudden the coach gave way to the right, I was frightened, I thought that the wheel was broke, I did not know what was the matter; then I pulled the string, and the coachman came down to me, and he went to see what was the matter with the coach, two gentlemen came and opened the door, and said, take care of yourself, you are in danger of breaking your limbs; and I took my hands to help me down, I had no sooner stepped my feet, on the steps, but I felt my watch going, made a default to help myself with him, but the gentlemen took care to sasten my
Q. What did you do when the watch was going? - I screamed out, I am robbed! I am robbed! my watch! my watch! and I went to catch hold of my watch, but it was not in my power to help myself; immediately as I said I am robbed, I saw a man running with all his force down Snow-bill; in putting my two seet on the pavement, I felt myself pulled down behind, in such a manner that I sell headlong on my head, and very likely would have broke my scull, if providently my umberella which I had there, had not received the blow, so that I saved myself; then I arose, and I said I was not hurt, and then I make a great noise, to call a mob, because I saw two people running after the man that was running from me, therefore I was not afraid I should be hurt; because I knew an English mob was the best mob, only sometimes they are missed; directly the mob came to me, and helped me with the two men that was scuffing with the robber, or with the man that went from me, and the man was taken to the Compter.
Q. The man that was running was taken? - Yes, they told me so.
Q. Did the coach appear to you as if it was over turning? - It appeared quite hanging to the right, I did not know what was the matter.
Q. Have you ever had your watch since? - No.
Q. Why did you take up this man? - I did not take him up, I was carried by the mob with him to the Compter, and when he came there he sell on his knees, and he said, my life is in your hands.
Q. He had not been stopped at that time? - Yes, he was stopped before this, he said this in the Compter; then I told him directly, you must not be afraid of me, because I cannot swear to your face.
Q. You have never found your watch at all? - No.
Mr. Gurney. But you see some person running down the hill after some violence was done to your person?
Court. I understand that you missed your watch as you got out of the coach? - Yes, as I was on the steps of the coach.
Mr. Gurney. You felt your watch go from you while you was on the steps of the coach, and it was after that that any violence was done to your person? - It was.
Q. You saw some person or other running down Snow-hill? - Yes, with great precipitation; it was not the man that that run down that made any violence to me.
Jury. Pray is the coachman here that belongs to the coach that you was in? - Yes, he is here; the number of the coach is 254.
Court. Was this a silver watch? - Yes, it was silver.
Q. Do you know that gentleman before you? - That is the gentleman that I carried.
Q. What was the number of your coach that day? - 254.
Q. What time of the day was it? - About eight o'clock, as near as I can guess the 26th I believe; I believe I was ordered to St. Giles's; before I got to Snow
Q. Was there any violence done to the coach, or was it an accident? - It was not an accident, there was a brace cut from the off side, the brace behind; I am sure it was cut; I got down from my coach as soon as I could, and I saw two gentlemen helping the gentleman out of the coach, but I did not take particular notice, I was quite confused, it was quite dark.
Q. Do you know either of these men that let him out of the coach? - I cannot say that I did.
Q. Do you know the prisoner at all? - I do not.
Q. Did you see a man that was before a magistrate? - Yes.
Q. Did you see him near the gentleman, was he one that handed the gentleman out of the coach? - I cannot swear to any body.
Q. What happened after the gentleman was handed out of the coach? - The gentleman hallooed out, he was robbed, and lost his watch, he hallooed out, I am robbed! I am robbed! I am robbed! I think he repeated it in that manner; I have lost my watch; two young fellows went and apprehended the prisoner, and took him, as I suppose; the man at the bar is the man that was at Guildhall, that is all that I know, I cannot say that is the man that cut my coach, nor that is the man that robbed the gentleman.
I am servant to Mr. Taylor, in Smithfield.
Q. Look at the prisoner, is he the man? - I am certain of him, he was the man that I stopped with the watch. The first thing I saw was a coach coming down Snow-hill, and I heard somebody call out to the coachman, you are broke down; and I went to the coach, and I saw the gentleman at the coach door.
Q. Is that the gentleman before you? - Yes, that is the gentleman.
Q. What past when you saw the gentleman at the coach door? - I saw some people very busy at the door, and endeavouring to get the gentleman out.
Q. Can you say whether the prisoner was one of those that was busy at the time? - I cannot say; I heard of the gentleman call out, I am robbed of my watch; I was standing at the coach wheel, and the prisoner passed me, and I saw him pass me, I looked at him, and saw the watch in his hand, and saw him put it under his great coat.
Q. Do you know what coloured watch it was? - I saw the glass of it, but whether is was metal or silver I cannot say; I pursued him, and took him by the collar; as soon as I had took him by the collar, I told him that he had got the gentleman's watch, he said, what watch? as soon as I took him by the collar, there came a man over my shoulder, and put his singer in my eyes, here is a small mark now over my eyes, a fear of it; I received several blows, from, I suppose, part of the gang, and I was pushed in the kennel, and I saw the prisoner at the bar in a scussle with (I suppose) Thompson, the other evidence; I saw him engaged with somebody else; the prisoner had a great white coat on, which he was endeavouring to get off; as soon as I got up I went to the prisoner again, who was secured by this Thompson.
Q. Do you know what became of the watch? - No, I never see the watch since.
Q. What became of the prosecutor? - We took the prisoner to the Compter, and the gentleman came up to us there.
Q. Had this watch any chain? - I saw no chain to it, I saw the glass of the watch as plain as I see the candle now.
Mr. Gurney. There was a great bustle at this time? - Not when I stopped him.
Q. You saw the prisoner look at the watch when he passed you? - He did.
Q. Do I understand you to say that you saw him looking at the watch? - I did.
Q. You received several blows, from whom you do not know, certainly not from the prisoner? - I cannot say that the prisoner struck me.
- THOMPSON sworn.
I am a pastry cook; I was sitting in our parlour about Friday evening, the 26th of September, about half after seven I heard a noise in the street, I ran out to see what was the matter, when I came to the mob -
Q. In what street did you hear a noise? - In Snow-hill; I saw the prisoner in the middle of the mob, in a light great coat, with a hat on, which he pulled off, and with horrid imprecations said, he would give them battle, squring his arms as if he would sight, with that he run across the way, and I ran after him, and I called out stop thief! he ran up the George passage a little way, I followed him, and told him it was no occasion his running, he might as well stop, with that I collared him, at the time he said he would give battle.
Q. Was he running particularly? - He was squaring his arms, I got hold of him in that passage, and he fetched me a blow, which knocked me to the wall, and he received a blow from an unknown person, that setched him to the ground, and with the assistance of the mob we took him to the Compter.
Q. Did you see any thing on him at any time? - Only the great coat and hat which he threw off.
Q. Did you see any watch about him? - I did not, but when he came to the compter he said to Mr. Stavell, now my life is in your hands, sir, do as you please.
Q. Did he see the prosecutor at all, this gentleman? - When we came to the compter, not before
Mr. Gurney. When you first came up, the prisoner was quarrelling with the mob? - Yes, he ran athwart the way, the mob separted, and he ran, and I followed him.
Q. When you took him to the compter, he was tolerably frightened, was not he? - I do not believe he was any ways frightened or alarmed.
Prosecutor. He said at the compter, my life is in your hands, but I am innocent.
I am a constable; I was setched to take care of the prisoner, but he was put in the compter before I came; I searched him in the compter, and found nothing on him.
Q. Did he say any thing to you in the compter? - Nothing.
The jury withdrew nine minutes, and brought in their virdict.
GUILTY , (Aged 31.)
Of larceny only.
Transported for seven years .
Tried by the London Jury before Mr. RECORDER.
618. ISAAC SIMMONS was indicted for feloniously stealing, on the 22d of October , thirty yards of muslin, value 4l. the goods of George Steinman and William Hassell , in the dwelling house of the said William Hassell .
GEORGE STEINMAN sworn.
I am a wholesale linen draper .
Q. Is your warehouse connected with your dwelling house? - It is not; it is my partner's dwelling house.
Q. Is this warehouse connected with that dwelling house? - Yes, it is.
Q. It is all under one roof? - It is.
Q. In what manner was you robbed? - A person came in and took three pieces of muslin off from the compter.
Q. Did you see him do that? - I did. ran after him, and he got into the street, and I called out stop thief! he threw down the muslin to me and run, and I lest him about twelve yards from our house, on the same side of the way.
Q. Who was that person that you have been talking about? - I cannot identify the person, but that will follow by the next witness.
Q. You have no recollection of the person? - Very little.
Q. What was done with the three pieces of muslin? - I wrapped them up in papers, and the constable bath got them at present.
Q. He threw the muslin at you? - He did.
Q. What did you do with them? - I took them up immediately.
Q. Have you kept them from that time to this? - I have.
Q. How do you know these muslins to be your's? - They have a number or mark on them.
Q. Had you any borrowed property in that warehouse? - Nor.
Q. Have you got it here? - The constable hath got it, I gave it him yesterday, not before.
Q. You say there are three pieces of this muslin, how many yards might they contain? - Thirty yards altogether.
Q. What is the lowest value of this muslin? - It may be worth four or five pounds at the lowest, it would fell for four or five pounds, thereabouts.
Mr. Knapp. I observe on the warrant of commitment, which I have in my hand, your name is spelt in a different way then what you have to day. How do you spell your name? - Stcinman.
Q. You say it was in Mr. Hassell's dwelling house? - It is.
Q. The profits of the trade, perhaps, pay the rent of the dwelling house? - No, Mr. Hassell pays an equivalent for the dwelling house.
Q. Hassell pays for this out of his trade? - No, out of his private purse.
Court. As to this warehouse, who pays for this warehouse? - We pay jointly first; and Mr. Hassell reallows me for the dwelling part.
Court. Then there is an end of the capital charge.
Mr. Knapp. You say that you saw a man going out with a bundle and you followed him? - Yes.
Q. Who that man is, you will not take on you to say? - No, I will not.
Q. Was there any light in the shop? - Yes, there was.
I am a wholesale linen draper.
Q. You are in partnership with the other witness? - Yes, I am.
Q. What is that man's name? - Evans.
Q. Who was the man that was delivered into your hands? - The prisoner at the bar, I have every reason to believe, and he was in my hands but a very few minutes; the young man told me that was the man. I was conducting him up the hill again, in the space of a minute or two a man came up to me, and told me he was a constable in our ward, and asked me if he should take charge of him? I then told him yes; and I immediately delivered him to the constable's charge, his name is Watkinson.
Q. You say you saw three men running? - I saw one or two men running down the hill at the time that my partner cried out stop thief!
Q. You say a man was delivered to you by Evans. Was the prisoner one of those men that were running? - That I cannot positively say; when the prisoner was delivered into my hands, his coat was much soiled, by which it seems he had sell down in the road.
Mr. Knapp. You say you saw one or two persons run; the prisoner at the bar, you do not know whether he was running or not? - That I cannot say.
Q. Do you know whether the prisoner at the bar was drunk? - He seemed somewhat disgansed in liquor, whether he was drunk or was not I cannot say, or whether it was sictitious.
Q. You never see the muslin till you returned to your partner's? - No, there were several persons running, it is impossible to see in such a crowd on such a hill as Fish-street-hill, whether it was two or three.
I am a shopman to Mr. Burgall, on Fish-street-hill.
Q. What have you to say against the prisoner? - All that I have to say is, in the afternoon,about a quarterpast five, on the 22d. of September, I heard a cry of stop thief! it was at the back of our warehouse, at day time, I immediately ran to the door, when I came there the young man had fell down, he was at that time getting up, as soon as he got up he ran, soon after I got to the door Mr. Steinman, the prosecutor, came and said, that the man that fell down before our door was the man that had robbed him, I rather think that the prisoner must hear it, I can say that is the man that fell down before our door; I took and delivered him to Mr. Hassell.
Mr. Knapp. Had the man that you took, hold of any other person near him? - At the time I took him he had none.
Q. The man that you took, you do not know any otherwise of his being the prisoner than delivering him to Mr. Hassell, and seeing him before the magistrate? Did not you look at him when you took him? - No, I never saw his face, as soon as Mr. Hassell came up I delivered him to him and went in my own house.
Q. Was the person you took, in liquor or not? - I really cannot tell, I took no notice at all.
Q. Will you swear he was not in liquor? - No, I will not swear one way or the other, for I cannot.
- WATKINSON sworn.
I am a constable; I was not present when the property was stole, I took charge
Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
I am clerk to Mr. Fletcher the prosecutor.
Q. Did you see this man take the coals? - No, I do not swear that.
Q. Where were they taken from? - From Mr. Fletcher's barges, I have no doubt of that; it was on the 25th of October, about eight in the evening, I was passing along Thames-street, I saw a man bring a sack of coals up the gangway from Paul's-wharf , and Mr. Fletcher has been very much plundered lately, to the amount of two or three pounds a week; he was carrying them from the landing place, towards the street, about a hundred yards from the landing place, I went down a whars where Mr. Fletcher's craft lies, and concealed myself, in expectation that the man would return, between five and ten minutes after I had been on the whars,, I opened the door which looks on the craft, and through the sog I saw what I thought to be a man in a white waistcoat, and I heard a rustling noise, as if puiting coals in a sack.
Q. Was this after you had seen a man in the gangway? - Yes, that induced me to go on the whars.
Q. Then you immediately went to this door? - I gave him time to dispose of his first freight, and return for the second, then I went up to go on the whars, and I met with the other witness, and we went up the whars in Thames-street, and went down the gang way, which leads to the stairs, I went down the gang way and saw this person still in the white waistcoat; I conceived that he would not come on shore, that he had either heard or seen me, we walked up that gang way again, and I stopped exactly at the top, and in about five or six minutes the prisoner at the bar came up the gang way, with this sack of coals on his back.
Q. Can you say whose coals these were? - I cannot swear to the coals, it is impossible.
Q. There are other coals laying in this Paul's wharf, besides Mr. Fletcher's? - There was at that time no other craft with coals in them but Mr. Fletcher's. I asked him what he had got in the sack? I said, I perceive they are coals, how did you come by them? he stammered, and at length said, that a west country bargeman had given them to him; I told him that must be explained to my satisfaction, and he walked on, and I along side of him, and when he came to Bennet's-hill, he threw down the sack, and seemed determined to escape if possible, and we had a scussle on the hill, I found that in all probability he would escape from me, the other witness being an elderly man, I then threw him, and we both sell, he being much stronger than me, he shot me under, and got up and ran away; I also got up, and followed him, and he runned up Addle-hill.
Q. Did you lose sight of him till you took him? - No, not at all till I took him.
Q. The coal sack, who does that belong to? - I do not know, there are never no sacks in the barge.
Q. When this man came up with the sack on his back, was he drest in a white jacket? - Yes, he was, to the best of my recollection it was a flannel waistcoat.
Prisoner. I never wore a white jacket in my life; there were other barges there, in my master's dock
Q. How far was the barges he talks of from Mr. Fletcher's? - Thirty or forty yards distance.
Q. Then whether he could come from that barge of his master's, and be in that situation in which you found him? - Surely, because I found him at the top of the gang way.
Q. Do you know whether he is a servant there or no? - I have heard that he is a servant to Messrs. Crawshaw and Co.
I am a horse keeper belonging to Mr. Gibbon.
Q. Where did you in company with Askew at the time the prisoner was taken? - No.
Q. Where did you first see the prisoner? - Just at Paul's whars, he was going up towards Bennet's-hill, he had that bag of coals on his head when he was taken, I assisted in taking of him.
Q. How was he drest? - He had on a white slannel waistcoat.
Q. Was he collared by Mr. Askew? - No, I collared him.
Q. Did he get out of your sight before you stopped him? - No.
Prisoner. He says it was a white slannel jacket, which I never wore one? - I had hold of a sort of a jacket, and I believe it to be a white slannel jacket.
RICHARD BADGER sworn.
I am constable of the night, the prisoner was at the watch-house, when that I came to set the watch, the charge was given to me, and I took him to the Compter.
Prisoner. About eight o'clock that evening, I went down to Paul's whars, there is a necessary there, which I goes there almost every night in the week; when I had done I went to the steps on the landing place, and I thought I saw something by the pile, the side of the cause-way, like a bundle, and being dark I went down the steps, on purpose to see what it was, and I found it was a little bag of coals, and I stopped a minute or two, to see if any body was there, and I called halloo! but nobody answered, and I took them up, and when I came about a hundred, or a hundred and fifty yards up, just in Thames-street, that gentleman collared me, and he directly said, he would send me to goal, where I never was before, and he used me very ill, and threw me down, and I thought I would make the best escape I could, and I ran I do not know which way.
The prisoner called two witnesses who gave him a very good character.
GUILTY. (Aged. 36.)
Judgment respited .
Tried by the London Jury before Mr. RECORDER.
Q. How many did you lose? - I cannot justly say, my boy says four; on Tuesday evening the prisoner at the bar came into my house between the hours of six and seven, and said, he had a complaint in his bowels; he asked for a glass of something at the bar, of my wife, I belive he was served; he then set down in the tap room a bit, and asked the way in the yard, he went there a little, and as he was coming
Prisoner. Was not I disguised in liquor very much when I came in your house.
Prosecutor. You appeared to me to have come from your business at work; he had been doing some business for me that day.
Prisoner. It is frequently done in tap rooms, to put pint pots in other peoples pockets.
Court. I am very sorry to hear it.
Not GUILTY .
621. DAVID SPENCER was indicted for that on the 26th of September , did thirty-two pieces of false counterfeit money and coin, each and every one of them made and counterfeited, to the likeness of a good x-pence, the same not being cut in pieces, unlawfully and feloniously did put off to one John Penicad at a lower rate and value then they imported to be counterfeited for, that is to say, for ten shillings and six-pence good money .
A second COUNT, for the same offence, only varying in the manner of charging it.
Indicted in a third COUNT, for that he, on the 30th day of September did, ten pieces of false counterfeited milled money and coin, each and every one of them of the likeness of a good shilling, the same not being cut in pieces, unlawfully and feloniously put off to one John Penicad , at a lower rate and value than they imported to be, that is to say, for five shillings of good money.
In a fourth COUNT, for the same offence, only varying the manner of charging it.(The case opened by Mr. Cullen.)
Q. In case of some information you had, did you go to the house of the prisoner at the bar at any time? - It was on the 26th of September, which was Friday, between the hours of five and six in the evening; I then set down in the tap room, and called for a pint of beer.
Q. You went where? - At the White Swan in Field-lane ; after I had been there about twenty minutes, or half an hour, I saw an opportunity of Spencer being in the bar, I went to the bar, and asked for a glass of gin; I then tapped him over the shoulder, and told him that I was informed that he could accommodate me with a few yards of whites, as I was told that was their name; he asked me who informed me of that? I told him I was a dealer, that dealt with one Locklan; he asked me who else I knew in the business? I told him four or five names which satisfied him.
Q. Did he provide you with these yards of whites? - He did.
Q. What were they? what did he give you? - He gave me two and thirty six
Q. You have got them now? - I have, and I marked every one of them.
Mr. Knapp. I object to going into evidence on different days.
Court. You may go on what day you please.
Mr. Cullon. Then we will go on the 30th. - On the 30th of September I went with six officers, I think it was rather turned of seven o'clock; I had two half crowns in my pocket then to purchase with; Mr. Armstrong asked me if they were marked; I told him one was, and the took the other and marked it himself; when I came to the house I asked him if he could do any thing for me? he said he could, he went into the parlour and brought me out this money, which I gave him five shillings for, ten shillings for two half crowns.
Q. And you have kept them ever since? - I have; the officers then were waiting, and I came out to them, and told them he was in the bar without his coat and hat, and had a striped waistcoat on; they went in and took him.
Mr. Knapp. What are you? - A bricklayer.
Q. What else? - An extraordinary officer belonging to Worship-street.
Q. You was sent by the magistrate? - I was.
Q. He was to pay you for going there? - I never was given to understand who would pay me.
Q. Did not you expect to be paid? - I did, certainly.
Q. Therefore you tempred him to put off this bad money, and now you come to give evidence against him? - I am doing my duty.
Q. I believe there was no half crown found or any thing? - There was not.
Jury. How many do you call a yard? - I understand that it was a shilling a yard, that ten yards was ten shillings worth.
SAMUEL HARPER sworn.
Q. You are a public officer at Worship-street? - I am. On the 30th of September last, the witness was at our office, and we were ordered by our magistrate (I and the rest of the officers) to go to the prisoner's house, at Field-lane, the Swan, we went, and when we came near Field-lane, we told him to go in and do the business, and we would call at a house in Fleet-market; we stopped there about a quarter of an hour, and the came back, and said, I have bought, now is the time; and we went there and took the prisoner; I was one of the men that took him from the house; and left the other in the house; I searched him, and found nothing but a few halfpence.
Q. Pray what kind of people did you see about that house? - I did not mind hardly any person in the house, for directly as the prisoner was pointed out, I and another officer took him out of the house immediately.
Mr. Knapp. Then this man were sent by you? - No, not by me.
Q. They were sent there by somebody? - Yes.
Q. In order to endeavour to make the prisoner put off bad money, and you were watching in order to take him? - We was at the public house, waiting his return.
Q. So it was a trap laid for him to put off this money? - I know not that.
Q. He was searched and nothing found on him; there was no bad money found on him? - Nothing but a few halfpence.
Q. You are a public officer at Worship-street? - I am.
Q. You went to this public house, the Swan, in Field-lane? - I did.
Q. What sort of people did you see about the house?
Court. That is not a proper question as against this man.
Q. What did you do? - I only know that I took the prisoner along with the other officer.
Q. I believe you are a pretty good judge of this commodity that is sold by these fellows. Look at that, see if that is good or bad money? - I believe that to be all bad.
Mr. Knapp. You are no silversmith nor no monier of the Mint? - No.
The prisoner called seven witnesses who gave him a good character.
Of the Third and Fourth COUNTS.
Judgment respited .
622. JOHN BAKER otherwise SMITH was indicted for feloniously stealing, on the 23d of September , a silver watch, value 2l. a stone pin set in gold, value 5s. the goods of Ann Canniford , in the dwelling house of William Henry Hunter .
ANN CANNIFORD sworn.
Q. Was you a lodger in the house? - No, I was a servant with him two years. On the 23d of September, I had a sister in the Hospital, she came out that day, and he came with her. On the Saturday following I lost my watch and the pin; the watch was on a brass knob, in the kitchen, and the pin on the shelf just above it.
Q. When did you miss them? - The moment afterwards.
Q. Who was in the kitchen when you missed it? - Not a single creature but myself and the prisoner, John Baker.
Q. How came he in the kitchen? - On the 23d of September I had a sister in Bartholomew's Hospital, came to see me; she came to the door with him; I sent her home in a coach, and the prisoner endeavoured to entice me very much to go back with him in the coach, I told him I could not afford it, I was nothing but a servant; he said he would take me back for six-pence; I did not go back with him. On the Saturday following he came to our house, and asked me whether we did not leave an umbrella in the coach? I told him I did not know whether we did or did not.
Q. Was your family in town at this time? - They were in the country; there was nobody abiding in the house at this time but myself; there was a bill at the door to let the house. When he asked about the umbrella, I told him I did not know we had; he said we had, and he had taken care of it; I told him I was very much obliged to him; he asked me to give him a bit of cold victuals; I told him I had none, I would give him a bit of bread and cheese with all my heart; I asked him where the umbrella was? he said it was just by; I asked him where his coach was? he said It was not his day to go out, he was not on the stand. I gave him some bread and cheese, he sat
Q. Did you take him up or any body else? - I took him at Bow-street, he was in custody.
Q. Then you did not take him. Are you sure that is the same man? - That is the man; I know him amongst ten thousand.
Q. Have you found the watch and pin? - No.
Mr. Knapp. You have never had the good fortune to find the watch and pin again? - No.
Q. Where was it he took you up in the coach? - No. 78, my master's door, on the 23d of September.
Q. How soon was it that the prisoner himself came to your house with the umbrella? - He did not bring the umbrella? - He did not bring the umbrella, he brought none; he said he had got it; that had the appearance of honesty about it, that was the reason of my giving him bread and cheese.
PHILIP JOSTLING sworn.
I am one of the constables of the city; I know nothing only of Mr. Bevet and me apprehending him when he was discharged in Bow-street, on the 18th of October, the man behaved very civil with us, he was then going on board the Tender, by order of justice Flood.
Prisoner. These two masters that I live with they were to come to day; yesterday they thought there was no bill against me, and I told them so. I am really innocent.
GUILTY. Of stealing to the value of 30s. (Aged 20.)
Transported for seven years .
Tried by the London Jury before Mr. Baron HOTHAM.
ISAAC ROBERTS was indicted for feloniously stealing, on the 30th of September , eight leather caps mounted with silver, value 5l. and an hempen towel, value 1d. the goods of John Urwin .
I live two doors from Bow-lane, Cheapside; I am a goldsmith .
Q. Do you deal in leather caps mounted with silver? - I tip them with silver.
Q. Did you lose any on the 22d of September? - I lost eight leather caps tipped with silver.
Q. What fort of caps are these? - Caps for the officers of the light house.
Q. When came you to hear of their being lost? - The next day, when I advertised them as lost; in consequence of that advertisement a man applied to Mr. Howkes; I got them again on the 30th without the silver.
Q. Did you apprehend the prisoner, and when? - I apprehended him on the 30th, that night.
Q. Do you know the prisoner? - No, I do not know him.
Q. He was not a porter for you? - He was not. The way I apprehended him was by a boy which he took them from.
Q. Did you find any thing on him? - No.
Q. Have you got the things here? - Yes.
These caps I employed Mr. Unwin to mount them with silver.
Q. Had he, on the 22d of September, eight of your leather caps? - Yes, the prisoner brought one of the caps to me, that was the way he was apprehended; he came to me, I think it was the 30th, I advised the person to advertise them, and offer a reward.
Q. Where is your shop? - No. 17, Piccadilly.
Q. Had it the silver on it then? - No, it was taken off. I happened to be in the shop, he came with one cap, and said, I did not know they were of any use to you, I have made enquiry and cannot find who they belong to, they lay at the White Bear, in Bride-lane, I have seven more of them. I immediately said it was my property, and I should like to see the others.
Jury. Did he offer them for sale? - He asked if they were worth any thing? I told him they had been advertised and a reward offered; he said he knew nothing of the advertisement.
Q. What was the reward? - A guinea reward. In consequence of that he said I might see them at Bride-lane; I said, I would take care that somebody should come and see them, I wrote a note to Mr. Urwin that he was in Bride-lane, and there he took the prisoner.
Prisoner. The gentleman said, that when he sent the workman to me he should satisfy me for my trouble.
Q. How old are you? - Fifteen last September.
Q. Do you know the nature of an oath? - Yes.
Q. What is it? - To be sure of going to Hell if I take a false oath.
Q. What do you know of this? - On the 22d of September my master sent me with eight caps, tipped with silver, to Piccadilly, I was going to that gentleman's house with them.
Q. They were finished then? - Yes. As I got to the Strand the prisoner stopped me.
Q. Whereabouts in the Strand ? - A little before you come to the New Church, in the Strand. And he asked me what I had got? and I told him eight caps; and he asked me whose they were? and I told him Mr. Hawkers's; then he said, Mr. Hawkes had sent him for them in a great hurry, and, says he, lend them me and I will take them to the gentleman; then I asked him when there would be any more ready? and he told me to come at twelve o'clock the next day; and I went at twelve o'clock the next day, and the gentleman said there had been no caps come.
Q. Had you ever seen the prisoner before? - Not before he took the caps.
Q. Are you sure that he is the man? - Yes.
Q. Look at him? - Yes.
Q. You are sure of it? - Yes.
Prisoner. The boy said that I stopped him first of all in Exeter-street, in the Strand, and took them from him; then on his second hearing he said, I took them from him by the New Church, in the Strand.
Allen. It was in the street a little before you come to the New Church, as you go up Fleet-street.
JOHN URWIN, junior, sworn.
I sent the boy with them about half past eight, or rather better, at night, of the 22d of September; they are here.(Produced.)
Q. To Urwin, senior. Can you or can you not swear to them? - I cannot.
Q. To Urwin, junior. Can you swear they are the caps you sent by the boy? - I cannot swear they are the caps I sent by the boy.
Q. To Hawes. Can you swear to them? - Yes, I can; mine is rather a distinct trade.
Q. To Allen. Are these the fort of caps that you carried? - Yes, I believe they are.
Court to Hawkes. They are for the light horse? - They was for the gentlemen of the City light horse. It was a great disappointment to me at that time.
Prisoner. I was in the afternoon at the White Bear, Bride-lane, about six o'clock, and remained there till ten, I went out to make water, and saw a parcel laying with these caps in, and I took it into the White Bear, and the mistress of the White Bear said, I had better advertise them, I took them home on Friday afternoon to my lodgings; on Tuesday I had nothing to do, and I went to a trunk maker, the corner of the Old Bailey, and asked what they were worth? he said not much, they were worth more to the owner; and the owner was Mr. Hawkes, in Piccadilly, and I went to Mr. Hawkes directly.
I keep the White Bear in Bride-lane, I was at home when these caps were brought in. Monday evening, I think to the best of my recollection, the 22d.
Q. Did you see them? - I did, there were eight; I said here is a loss to some poor man or other as they were going home. I advised him to put them bye, and get them advertised; they were put bye; and I am very sorry to inform you that the next morning I went out of town, I had some bunsiness to do at Cambridge; I told him they should be advertised. I was gone a much as eight days, which I think it I had not gone out of town it would have laid in my power to prove that this prisoner was in my house when the boy lost the caps, but I rather think
Court. Was there any silver on them when they were brought in? - None, only a cloth about them.
Q. Have you known the prisoner? - Yes, he went that afternoon with a message for me into Cecil-street, and I think, to the best of my recollection, he was not ten minutes out of my house all the day.
Q. Was he in your house at the time the boy lost the caps? - I think he was, but going out of town did it away from my mind, but I as much believe he was, as if he was now present.
Q. They were in a cloth? - Yes, they were; I told the young man that lives with me to put them in a cupboard.
Court to Urwin, junior. Were the caps done up in a cloth? - Yes, they were
Court to Towers. Did the prisoner lodge in your house? - He did not.
Q. Where did he lodge? - Somewhere on the other side of Smithfield, in Long-lane.
Urwin, the elder. It was at his lodgings in Long-lane where I found the caps, I found seven of them there.
Q. How long do you suppose it would take to take the silver off the caps? - I suppose it would take a workman about an hour.
Court to Towers. You said these caps were put by in a cupboard in your house. How came they at the prisoner's house? - I did not know how he took them away, but I will engage that they were in my house two or three days.
Q. You went out of town the next morning? How can you engage that? - By my wife and servant.
I am servant to Mr. Towers; I am certain that the man was in the house all the evening, he went of an errand for my master, and returned about six o'clock, and between the hours of seven and eight o'clock he brought the parcel in; and he says, master, I have found a prize, I believe they are watchmens caps, I do not know what they are; and he left them on the table, and my master came out of the little room and looked at them, and he put the cloth about them again, and told me to put them in the cupboard and they was there several days; afterwards the prisoner asked me for them; and I gave them to him out of the cupboard.
Q. What time did the prisoner bring them in? - Between seven and eight o'clock.
Court to Urwin, junior. Do you know what time you sent these caps out? - It was about thirty five minutes after eight, I took particular notice because it was late.
Court to Allen. Do you recollect the time you received the caps? - Yes.
Q. Was it at that time about half past eight? - It was what I was told, and it was about nine o'clock, they weretaken from me.
GUILTY . (Aged 44.)
Imprisoned twelve months in the House of Correction and fined 1s.
624. MICHAEL PARKER and JOHN KENNEDY were indicted for feloniously stealing, on the 26th of September , a pair of spectacles, with silver frames, value 6s. a hair skin spectacle case, value 1s. and a compass in a silver case, value 1l. 10s. the goods of Thomas Barnard .
RICHARD MOSELY sworn.
Q. Do you know of his losing a pair of spectacles in a case, and a compass? - Michael Parker and John Kennedy came in the shop, they asked me for a pennyworth of hand snappers, I served them; they asked me if I had any candle snappers? I told them I had not, therefore Kennedy he put down the halfpence to pay for those I had served him, then Parker put down a shilling and said he would pay for them, he said it made no difference between the two; I went out of the shop to light a candle to look at the shilling he had given me, and these things particularly werelaid on the counter before I went out of the shop, besides the things stolen there were two barometers, a steering compass, and a show glass, containing many other things.
Q. How long was you absent? - Not more than a minute. On my return I missed the spectacles and the compass, and one of the boys was gone out of the shop, Kennedy the youngest of the two; immediately I secured the other boy, and asked him what became of the things that lay on the counter? he told me he could not tell me, he believed the other boy had run away with them; I asked him if he knew who the other boy was? He told me his name was Kennedy that his father was a taylor, living in East Smithfield; I said is that so? he said it is; some little time after I saw Kennedy return and looking through the window.
Q. Did you keep this other boy in custody? - Yes, I ran out after him endeavouring to catch him, I called out stop thief! he past a great number of people and ran down into Thames-street, there I lost him among some carts, and I returned back; my master soon returned, and he will relate what past.
Q. Then you did not take him then? - No.
Q. Was Parker searched? - Not immediately.
Jury. What did you do with the lad, at the time you was looking after the other? - Left him in care of the house keeper.
I have got the spectacles, they are an old pair left to be repaired, silver spectacles.
Q. Let your man look at them.(Shewn to Mosely.)
Mosely. This is the case, but the spectacles I cannot swear to.
Q. I have to ask you how you got these back again? - The spectacles was sent by Kennedy's father, to my shop by an old woman some time after we had taken this first boy; that woman is not here. This compass was not taken out of the shop, I found it behind the counter, the next morning; I have lost in the course of ten months, goods to the amount of nine or ten pounds from the counter, taken by somebody.
Prisoner Kennedy. I never had the spectacles at all; I never knew this lad, I never saw him before I was put in the Compter with him.
Prisoner Parker. One day as I was going along Tower-street I went in to buy a pennyworth of snappers, and while I was in they said, that how I took out some spectacles and compasses, and it was another boy that did this, and I said, I had none at all, they might search me.
John Kennedy, GUILTY . (Aged 13.)
Transported for seven years .
JOHN PYNOR was indicted for that he on the 1st of April, 1788, did marry one Joanna Hobbs , spinster , and that he afterwards on the 16th of October 1794, feloniously did marry, Sarah Bartlett widow , his former wife being living ; and that he afterwards, on the 17th of October, was apprehended and taken for such offence, in the parish of St. Bartholomew the Great, in the City of London.(The case opened by Mr. Knowlys.)
Q. Are you Parish clerk of St. Martin's in the Fields? - Yes.
Q. Have you the register book? - Yes.
Q. Will you turn to the entry of the first of April, 1788? What entry did you find there? - On the first of April 1788, here is the entry of John Pynor and Joanna Hobbs , both of this parish, were married by banns, on the first of April 1788, by me. This marriage was solemnized between us, signed, John Pynor and Joanna Hobbs , in the presence of us, James Milton and Samuel Eland .
Q. That was solemnized in St. Martin's church? - I have no doubt of it.
Q. I believe you do not know the person's of either party? - No I was not clerk then.
Q. Do you know the prisoner at the bar, John Pynor? - The variety of people that come on that business, it passes me merely officially, I cannot say I know him.
Q. Was there any person of that name married at that time? - Yes, without doubt.
ISABELLA PETREE sworn.
Q. Do you know Pynor, the man at the bar? - Yes.
Q. When did you first become acquainted with him? - Four or five years ago.
Q. Do you know the person which passed as his wife at the time? - Yes, very well.
Q. What was she? - I believe she was in service when she married him.
Q. Did she and this person live together as man and wife, till within these last five months, when he left her? - Yes.
Q. Was she a woman of good character or bad character? - Good character, as far as ever I heard.
Q. What family had she? - None but one child, the rest died.
Q. What is become of that daughter? - She is in the work-house.
Q. What is become of Joanna Hobbs? - She is gone to service.
Q. When did you see Joanna Hobbs last? - On Monday last.
Q. How did he treat her? - He called her his wife.
Q. Every body that was acquainted with them knew no otherwise? - No.
Q. I believe you are a relation of Sarah Bartlett? - I was appointed trustee to her first husband's estate; she was a widow.
Q. Tell us if you know that man at the bar? - Exceedingly well.
Q. I do not know whether you was present at this marriage? - I was not.
Sarah Bartlett had taken place, I understood that a report was prevalent among the lodgers in the house, and other persons, that Pynor was a married man, and I understood of this having been mentioned to him.
Q. Did you in consequence of this relate what you had heard to Pynor? - No, not immediately; I understood that it was the desire of Sarah Bartlett and Pynor, that I should go as soon as convenient, to the public funds, in order that a transfer might be made of her property, either in whole or in part; she had remaining one hundred and fifty pounds, in the three per cent reduced.
Q. In consequence of that, had you any communication with Pynor, and what did he say? - At the time I was to make the transfer, being also in possession of this suspicious circumstance, I thought it necessary to enquire about it; I traced from place to place, till at last I went to St. Martin's; I found it out by references, which had been given me; and after searching the books for four or five years back, I found the entry you have now heard; this being the case, I thought it my duty not to go with them to the funds, I had intimated that the beginning of the week would suit me to go; I had not any communication with Pynor till he came to my house in consequence of a general message.
Q. What day did he come? - On Monday the 27th of October, I hope I am accurate; being in possession of this certificate, which I had obtained, I went in company with my attorney, to the Lord Mayor; on our return from the Lord Mayor, Pynor and Sarah Bartlett was in my dining room, we procured an officer, and I went to Mr. Pynor, I had not seen him from the time of the marriage till then; I went to him, and I said, on my return from the country, I heard that you had married Mrs. Bartlett; I heard also that it was in common report, that you was a married man; and I also heard that you set up this as a justification of your conduct, that it was true that you had cohabited with women, but that you had never been married at all, is it so, I said, or, to that effect? his answer was, that he had never been married; I then asked him if he knew Joanna Hobbs? he said he did, but he never was married to her; I asked him if he recollected going with her to St. Martin's church? I think he replied no, but I immediately said, I will help your recollection, I read to him the certificate of the marriage I had obtained, quite through; he then said, she was an unworthy person, or he used an expression of the same import, I do not positively speak to the very expression; and that they were separated, and that she had given him leave to marry.
Q. Did he deny or acknowledge that he had been married to this Joanna Hobbs ? - On reading this certificate he did not make an explicit acknowledgment, however when I read the certificate, he appeared to be confounded, and unable to make any reply almost, and afterwards he began to criminate his wife, which I understood to be an acknowledgment that she was his wife; in consequence of this affair the officer was introduced, and Sarah Bartlett gave charge; I have also, if it he proper to speak concerning the character of the first wife; I have also to say concerning the acknowledgment he made before the Lord Mayor.
Q. What did he say before the Lord Mayor? - His conduct and expressions was much the same as in my dining room, but in addition, he said that it was love that induced him to do as he had done, that is with reference to his marriage with Sarah Bartlett .
Q. Look at the person at the bar, and tell us
Q. What church was you married at? - St. Giles's.
Q. Was you present at the marriage of any person, with the last witness? - Yes.
Q. Was that the man who married her? - Yes.
I am a constable for the City of London.
Q. Did you apprehend that man? - Yes, at the house of Mr. Sowerby in Bartholomew Close.
Q. It is within the liberties of the City of London? - It is a liberty place, but within the bounds of the City of London, I was sworn before the Lord Mayor.
Q. At the time you took up Pynor, did you hear him say any thing? - I heard him say a good deal; after I took him up, and took him to the Mansion House, we stopped an hour and a half before the Lord Mayor came, and there was some conversation took place between the prisoner and me, he acknowledged the former marriage, but he did not think that either his first or second wife would hurt him; after some time had past, he says, what had I best to do in such a case as this; I says to him I am not a lawyer, I am only a constable; says he, I think I will not speak a word, I said to him it will be of no service to be dumb; says he, I think I will tell all the truth, I told him the truth would hold longest on foot; he said that his wife had used him very ill, and that she had given him leave to marry.
Prisoner. I will not intrude upon your lordship's time but very little. The ill treatment of my first wife was beyond expression; also neither did I wish to obtain any money from Sarah Bartlett, or to have any money in my possession, I would not go to wrong any one, it is not my disposition, only to discharge the bills; all that I have to say now is, that I am only at your mercy, and the gentlemen of the jury; I never troubled my friends on this occasion at all.
GUILTY . (Aged 25.)
Imprisoned one year in Newgate , and fined 1s.
Q. What do you know of this business? - I am not able to express myself very well in english. I went to take my place in an eating house in Smithfield, to take my dinner.
Q. What are you? - I am a french priest, an emigrant.
Q. What day was it? - I do not recollect exactly, it was on the time of the riot, I believe Friday or Saturday.
Q. Do you recollect the month? - I do not recollect exactly.
Q. Where was you taking your dinner? - I was taking my dinner in Smithfield, in an eating house, Mr. Miller's; I was by myself in a room when three gentlemen came in; I saw one of these men two times before, in this same house there, at first one of them mentioned that he had formerly been robbed, and almost killed by kidnappers, he said so, not to me, to the man who keeps the house.
Q. Who were these three men that came in? - I don't know, I only know one of
Court. What is his name?
Court. Are you sure he is the person? - Yes, I am sure.
Q. When they came in what did they do? - One told that he had been robbed, and almost killed by kidnappers, some time before, he did not mention the time; and after they took a chair and dined, another mentioned a great many things, I do not recollect about kidnappers, and the gentleman in the blue coat, he took the bills out of his pocket, and the other two which was in their company said, that he had some also in his pocket, that person is not here; the young man in the blue coat, he came were I sit down, and he gave me one.
Q. Did you ever see the bill before.(The bill shewn him.) - It is the same exactly, I know by the direction on it, it is the bill; I received it without giving any approbation or disapprobation, and put it in my pocket without reading; after my dinner I went out of the room, and I read the paper by myself.
Q. Did you leave them in the room? - I left them all three in the room; I read the bill, I looked on it as nonsense, it struck me as a dangerous bill at that time.
Q. After you had read the bill what did you do? - I went to the Mansion House immediately; I called on the Lord Mayor and I gave it to him, with the direction, and he sent for these three young men.
Q. Was you present when they were brought before the Lord Mayor? - I was not.
The bill read by the clerk of the court.
"To the PUBLIC.
Beware, Britons, of the hordes of crimps and kidnappers that infest the metropolis and its environs, who rob and imprison its peaceful inhabitants. Oh! think of the number of parents that are made wretched, in having their blooming sons torn from them by these Monsters. - Would such atrocious acts have been suffered in the days of Alfred? If you bring these Demons before the magistrates, you cannot get redress, they will screen them in defiance of the Law. Is this the Land so famed for Liberty? Did Sidney and Russel bleed for this? - Oh, My Poor Country!"
Q. What time was it? - Between three and four.
Barrow to Rusina. Pray, sir, did I give you any papers? - Yes.
Q. Where did I sit in the room? - You was sitting opposite the gentleman who is not here, and the other gentleman was by himself; I was near the door, the gentleman in black was here, and you sat there, (pointing the manner they fat in the room) I was near the door, and another came in.
Q. Where was he when he was sitting in the room, Watson? - He was on the left; you left your place and went to his table.
Q. I ask you whether I sat below or opposite? - You was opposite to me.
Q. Pray what coat was I dressed in? - I do not recollect; if I saw you in the same clothes I should know you very well.
Q. Was I in the same colour as I am at present? - No, you was almost in another colour.
Court to Rusina. You said you did not know Mr. Barrow before? - I know only one.
Q. Are you sure that the person that you describe now, was one of the three? - Yes, he is.
Q. You have no doubt of it? - None.
Q. Were they all three dining there? - They were all three dining together; they three came together, I did not see them go.
Q. Did you go to Miller's Cook shop in Smithfield? - I did, on the 23d of August, on Saturday, about half after three; my Lord Mayor sent me.
Q. Did you find these gentlemen there? - I went up stairs, with two other officers, and seized Barrow, him and his papers.
Q. Who was present? - Mr. Barrow, Mr. Scott, and the other.
Q. You say Mr. Barrow; who did you search? - I searched Mr. Barrow.
Q. What did you find on Mr. Barrow? - These are the papers, they were presented before the grand jury.
Q. What were they about? - They had pen, ink, and paper before them.
Q. Did you ask for Mr. Miller? Where was Mr. Miller? - He was up stairs.
Q. Had they done dinner? - They had, and they had pen and ink, and they all three sat about this table.
Q. How came you to go to this house? - A gentleman, a foreigner, came to my Lord Mayor, on the 23d of August, on a Saturday, and in consequence of that I was sent after them, and after I had searched them I took them to the Mansion House, and from there to the Compter, till Monday.(The paper read by the clerk of the court.)
"To the worthy Citizens of London.
Gentlemen, the militia bill, which the common council of the different wards are now carrying into effect fills you with astonishment; I am only surprised that it does not produce a very different effect: what shall such an important matter be determined upon without your being consulted, or informed that a business of so great magnitude was in agitation: shall the declaration which, with matchless affrontry, was made in parliament, that the measures was well considered, and met your approbation, when at least ninety-nine out of every hundred of you was particularly ignorant of its principles and operations. For shame! awake from your lethargy! let it not be said of you that you are strangers to that spirit which had used to animate the City of London, in the preservation of their rights and liberty. If you do not resist with spirit the present innovation of those rights, you will merit this or any other oppression that unprincipled or interested men in power may wish to impose upon you: And I shall not be surprised if, in the next session, a bill should be brought in parliament to convert your shops into barracks. There is no time to be lost! Might I advise, meetings should be immediately convened in every ward, and the common council men called upon to assign their reasons for deciding a matter of such vast importance without having applied to their constituents for instructions, or their being in the least informed of their sentiments on the subject; which, according to my opinion, is a subject which calls for the most serious considerations, the most cool and deliberate discussion. That you may see your present alarming situation in its true light, and speedily adopt such measures as may effectually avert so great an evil, is the sincere wish of an old citizen."(Another paper read by the clerk of the Court)
"Soldiers! now is the time to acquire glory, protect villainy, and murder those of your fellow creatures who have the courage to resist you."
Mr. Knowlys. That is the same that was delivered to that gentleman, of which there was a great number.
Q. In what situation was the last that was read? - Them that we took out of the pocket of Mr. Barrow was dampish.(Alluding to the paper, No. 1.)
(Another paper read by the clerk of the Court. No. 3)
"To the citizens of London.
Friends and fellow citizens, our torpid insensibility hath subjected us to every imposition of the crafty knaves, to whose cunning delusions we have implicitly become the dupes, it is time to rouse our attention and consideration to every thing that has not the least appearance of connection with our welfare, and no longer tacitly submit our property and persons to the direction of our court, or court sycophants whatever, which are at all times actuated by the score of interest; and while they can preserve and feather their own nests care not who wants; and I dare be careful to say, that our government is managed by rascals of this description, &c. Let us at least preserve the spirit of our brave ancestors, spurn at corruption and venality; once more prove yourselves worthy of the most honourable of all names, that of citizens. Consider, therefore, that is absolutely contary to the charter of the great City of London; which is, that the said citizens shall not be sent to war without the City of London, &c.
N. B. Any alien or person unknown to the City of London, being employed, is in the highest degree dangerous; and we may as well have the king's butchers to protect us, as any other stranger. Remember, O, my friends! the laws! the rights! the generous plan of power delivered down from age to age, by your renowned forefathers, so dearly bought at the price of so much blood! O! let them never perish by your hands, but transmit them to your children. Do thou, great liberty, inspire our souls, and make our lives, in thy possession, happy, or our death glorious in thy just defence."
(The paper shewn to Perrott.)
Mr. Knowlys to Perrott. There is one of these letters; they were taken from Mr. Barrow's pocket? - They were.
Q. You did not search the other? - No, I did not.
Mr. Gurney. When you proceeded to search these persons, had you any charge of felony against them? - No, I had not. In the coach they asked me what authority I had to take them? I shewed them my staff.
Mr. Barrow. Where did I sit when you was in the room? - Between them.
Q. If you recollect that man swore before that I sat opposite to them. When you took me I asked you whether you had a warrant? you shewed me your staff, and said, here is warrant enough to knock you on the head.
Perrott. I never said so.
Q. To Perrott. What was on the table besides paper, pen, and ink? - Nothing else; they had done dinner, and every thing cleared away.
Mr. Gurney. Upon your oath, the day that Mr. Wation was committed, was you at all examined by the Lord Mayor? was you examined before my Lord? - Only as to the papers which I took.
JAMES HALL sworn.
Mr. Trebeck. Is your name James? - Yes.
Q. What are you? - I am a constable belonging to the city.
Q. On the 23d of August last, tell the court and jury what you did. - About three o'clock in the afternoon Mr. Perrott came to me and said I must go immedi
Q. Was there any thing found on the table? - Here is a bill I have I found on the table; I searched Watson.
Q. Did you find any thing about Watson, the two letters you have in your hand? - No, I found what was on the table, a bill.
Q. Near unto whom was that bill? - Near to Mr. Watson.
Q. Was it before him? - Not exactly before him.
Q. Had it any writing on it? - It had.
Q. Was the ink wet or dry? - I did not observe.
Q. Look at that and see if that is the bill which was near Watson. (The bill shewn him.) - Yes.
Q. Whereabouts was the pen and ink that was on the table? - I cannot exactly describe.
Court. You say you found that bill on the table? - Yes.
Q. Did you see both sides? - Not at that time.(The bill which lay before Watson, read by the clerk of the Court.)
"Soldiers! now is the time to acquire glory! protect crimping! murder those of your fellow creatures that dare resist it! fire on the friends of freedom! destroy liberty! and prepare chains for yourselves and children!"
Mr. Trebeck. Were there any other people in this room? - There was a man and woman, to the best of my recollection.
Q. Was there any wine on the table? - Nothing to my knowledge but that.
Q. Where did you take him to? - I took him to my Lord Mayor and told my Lord what had happened; I had this stick of Mr. Watson.
Counsel for Watson. You searched Watson; you took no bills from him? - None, sir.
Q. Had you any charge of felony on him? - No.
Q. Did the chief magistrate charge you to seize these papers? - I had orders brought me to seize these gentlemen and every paper they had.
Q. Did Mr. Watson desire you to seal these papers you found on him? - He did not.
Q. Upon your oath did he not? - He did not, there he is.
Q. Then you mean to swear upon your oath that Mr. Watson did not desire you to seal up his papers? - He did not.
Q. You took this gentleman before the Lord Mayor? - I did.
Q. In course you was examined upon what was found on him? - I was.
Q. Was there any examination upon oath on Saturday before the Lord Mayor? - There was no examination on Saturday upon oath.
Q. What took place at the Mansion-house on Saturday? They were taken to prisen? - They were.
Q. On Monday there was examination upon oath? - There was.
Q. And you was sworn? - I am not positive.
Q. When you was examined before the Lord Mayor on Monday did you tell the same story as you have now, that there were no papers found on Watson? - I did.
Q. However, not withstanding you then told the Lord Mayor that no papers was found on Watson, the Lord Mayor committed Watson? - He did.
Q. Now, sir, when you was before the Lord Mayor did you express yourself on good terms with respect to Watson? - I expressed myself as an officer ought to do.
Q. Did you express yourself in good will to Watson? - I have good will to all men.
Q. Upon your oath you did not say you would be glad to see him hanged? - Upon oath I did not.
Q. You sworn before the Lord Mayor that Watson had no bills on him? - I did.
Q. And yet the Lord Mayor sent him to Newgate on commitment? - He did.
Mr. Knowlys. You are a constable? - I am.
Q. Before you came into this court did you know it was a matter of form to take an oath? - Yes.
Mr. Knowlys. What are you? - I am a constable.
Q. Did you go to this house of Mr. Miller's? - I did on Saturday the 23d, about four o'clock in the afternoon, I went to this house, they were up stairs, the two men at the bar, and one Scott were sitting at the table, I went in the room and told them I had information they had some papers about them, I searched Scott and pulled out these papers.
Q. These are the same papers you took from Scott? - Yes.
Q. These are only two forts? What seat were they in? - Scott was sitting one side of the door, and the others opposite.
Q. How were the papers? Was they wet? - I cannot say.
Q. Were they all in one bundle? - Different bundles.
Q. How many were there? - Nine of one, and sixteen of the other.
Q. Had you been ordered out to keep peace at the time of the riot? On the existing of the riot? - I had not been ordered out.
Q. Did you see any thing of the riot? - Only in Shoe-lane.
Mr. Knowlys. Let Mr. Hollier be called to prove there were riots at that time.
RICHARD HOLLIER sworn.
Q. You are one of the Marshals of the City? - Yes.
Q. Lately in the month of August did you attend on the riots? - I did, on the 20th of August there was a riot at Shoe-lane, and riots in different places of the City.
Q. What steps were taken to suppress them? - Both the King's guards and volunteers were out.
Q. How long were they in call to suppress the riots of this? - Three or four days after this; the peace officers were under call for at least ten days after.
Q. Do you mean from the 20th? - I mean from the 19th.
Q. Do you mean ten days from thence? - I am not accurate with respect to the number of days.
Q. Were there any houses gutted by the mob? - Yes, there was is Shoe-lane, there was in Holborn, another in Golden-lane, and in Fleet-lane, there was several houses very much damaged.
Mr. Gurney. Were there any riots on account of the militia act? - What was the cause of the riots I am not able to tell.
Mr. Knowlys. Then the guards were out both night and day? - They were; both the guards and the independent company.
Barrow. My counsel is not here, he is very ill, this was at a public tavern, is that a likely place to conference I always thought that conspirator love wark the gentleman has said these very well know another; as Watson I never see him before, aScott I saw him but once; I was in the habit of calling at that house almost every day, there was no idea of any conspiracy, till after I had said I had an action against the Lord Mayor, for holding me from Saturday till Monday; as for that frenchman that hath come forward, He is a perjured man; neither did I pull out a bill from my pocket, till I saw them pulled out my pocket; I asked Perrote by what authority he took me? he said, that was authority enough to knock off my head, if I spoke another word; I knew nothing of Mr. Scott, and Dr. Watson I had not before seen. I was afraid I had got into bad company. Now, gentlemen, if I intended any conspiracy, is it likely that I should desire to put my initials on those papers, in consequence of that I hope you will do so me, as you would wish to be done to.
Richard Barrow, GUILTY .
Robert Watson, GUILTY.
Imprisoned two years in Newgate , and afterwards to find security for three years, themselves each in a hundred pounds, and to find two sureties in fifty pounds apiece .
Tried by the second Middlesex jury before Mr. RECORDER.
Indicted in a second COUNT, for having another counterfeit shilling in his possession.
(The case opened by Mr. Cullen.)
STEPHEN TRUSTEE sworn.
Q. Do you know the prisoner at the bar? - Very well, I remember his coming to my shop on the 26th of September, between seven and eight o'clock.
Court. What day of the week was it? - I think it was on Friday; he came to buy a pair of shoes for himself, I sitted him on a pair; he asked me what the price of them was? I told him they were five shillings and six-pence; he said he did not mean to beat a person down in the price.
Q. Did he give you the money? - He laid me down five shillings and six-pence.
Q. Was it in shillings? - There was some six-pences among it when I looked at them, I told him they looked very bad indeed, I wished him to change them; he said he would change them if I refused them; I said they were very bad; after that he puts me down some more, and bids me take my choice, I said these are very bad, they are much like the others; he said I was very forupulous; I said I will not take any of them; he snatched them up from the counter, and said, keep what you have got, and away he ran.
Court. Did you put down all those you had in your hand? - No, all but three shillings.
Q. He swept away those on the counter? - Yes, he did, all besides three shillings; he ran off, and I said, stop him, and I ran after him; a person came up who was a constable, and took him up; we brought him back, and when we came in, I said, you had better search him, and he put his hand in the prisoner's pocket, and pulled out some more bad money, the constable did.
Court. You say the constable searched him; what did you see taken from him? - I cannot say how many there was took away from him, there was a few shillings.
GEORGE DUDLEY sworn.
Q. You are a constable? - Yes; on the 26th of September last I went out from my house; I live in St. Helens. -
Q. Tell us what happened when you came to Mr. Trustee? - When I heard the cry of stop thief! I saw the prisoner running, and I took hold of the prisoner, Mr. Trustee came up, and he told me he had been uttering bad money I took him back, and there I saw three bad shillings on the counter; he had some in his hand, which he chucked down on the counter, which with the two or three shillings that laid there made twenty; after that I was going to search him, I was tied to time, I was going to the Post office; I only put my hand in his breeches pocket, and pulled out eighteen-pence.
Q. That is one shilling and six-pence? - Yes.
Mr. Cullen. Then you took him to the Poultry compter? - Yes, after that I took him there.
Court. Have you kept the money from that time to this? - Yes.
Court. The money you took from the prisoner should have been put separate, and not all together; always separate the money that is taken at different times.
Mr. Cullen. Since you had mixed the money, what did you observe besides, in carrying him to the compter? Did he do any thing during that time? - He attempted to put his hand in his right hand waistcoat pocket; I desired him to keep his hand from his pocket.
Q. Do you mean to say that is the money you found on him? - Yes.
Court. Just now you told me you took twenty shillings from him, and that you kept that till now? - Yes, I have.
Q. Produce it. (Produces the money he took off the counter, and the one shilling and six-pence.) You have two parcels there, where is the other? - We had a hearing before the Lord Mayor, he desired Trustee to point out the money, he pointed out the five shillings and six-pence, and the one shilling and six-pence, and he swore it to be the identical money that he brought for a pair of shoes.
Court. Now this other parcel was all that was found on him when you took him to the Compter? - Yes, except the one shilling and six-pence.(The money shewn to Parker.)
Parker. This money is all bad, the twenty shillings.
Prosecutor. The money was all thrown together, but there are three of the shillings which I can speak to, which has some aquafortis on it, them I am positive to.(The five shillings and six-pence shewn to Parker.)
Parker. Three of the shillings are bad, two of the six-pences I am doubtful of, I believe they are good ones, indeed it is hardly possible to tell by candle light, they have brought the composition to such great perfection; upon these three that are bad, aquafortis has been on them.
Prisoner. I shall leave it to the mercy of the court; I am very innocent of it.
On both COUNTS.
Imprisoned one year in Newgate , and find security for two years .
Tried by the second Middlesex jury before Mr. RECORDER.
Q. You are brought here to be tried for stealing a petticoat, have you any objection to be now tried? - I a'nt no objection to be now tried.
Q. Are you guilty of stealing this petticoat or no? - Yes.
Q. Who advised you to say that you was guilty? - I do not know, I took it to be married to John.
Q. Who is John? - A young man, a pretty gentleman, he is a gentleman's ostler, a servant, cleans knives.
Q. How long have you known him? - About three weeks, it is only three weeks since I first knew him, since he gave me a glass of peppermint.
Court to Mr. Kirby. How long has she been in confinement? - The sessions before last.
Prisoner. As I was coming over the common, I sat down, and he came to me as I sat there; he said he thought it was a pity such a pretty girl as I should be lost, and he took and gave me a glass of peppermint, and he said he would marry me, if I had no objection; and I told him I had no objection; he told me where his master lived, and I went to his master's, but they said if I did not go away from them, they told me they did not know what to do with me. They told me I should see him sit here in a great white wig, but I cannot see nonelike him; I took the petticoat to be wedded to him, because mine is a nasty old one.
I am a nurse in the sick ward, I have attended her ever since she has been in gaol, from about the 18th of July last, she has acted this part ever since.
Q. How has she conducted herself since that time? - Every time I went to her, as she has done now before Mr. Kirby.
Prisoner. I think I have reason so to do, I know you are the greatest enemy I have got.
Witness. She broke the windows in the state side, and on seeing the gentlemen over on the state side was continually calling for John May , and made use of very bad expressions; which on this Mr. Stone and all the gentlemen there, cried out for shame.
Prisoner. That is all your spite, because I would not let you do what you wanted with the doctor.
Prisoner. Ay, God bless his name.
Witness. And stripping herself.
Court. Can you think she is in a found mind? - I cannot think that she is in her mind, by her behaviour, from all that I could find,
Q. What sort of answers has she given you? - Very impudent answers.
Q. Has she given direct answers to the questions that hath been put to her? - No otherway than what happened to come in her head.
I can only confirm the woman.
Q. How has she behaved since she has been in the gaol? - In a very frenzy bad manner, stripping herself naked and shewing her nakedness.
Q. Did she do any mischief to your knowledge? - Not to my knowledge.
Q. Did she give direct answers to the questions that was put to her? - Very ready.
Q. From the knowledge you have had of her, and her conduct, do you believe
I am servant to Mr. Priestly.
Q. Have you known this woman ever since she has been in gaol?
Q. What has been her conduct? - The same as the woman represented before, in a kind of a mad way.
Q. Did she give direct answers to the questions that was put to her? - No, quite contrary.
Q. Upon your oath, what is your opinion? Do you think she is a mad woman, or a woman in her senses? - I do not think her to be a woman in her senses.
Q. Do you take her to be a mad woman? - I do.
The jury brought in their verdict, we believe her to be deranged and not in a sound mind .
The jury impannelled for the trial of the above cause were as follows: