TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority.
NUMBER VI. PART I.
BEFORE the Right Honourable THOMAS SKINNER , Esq. LORD MAYOR of the City of LONDON: The Honourable Sir FRANCIS BULLER , Knt. one of the Justices of His Majesty's Court of Common Pleas: The Honourabe Sir SOLDEN LAWRENCE, Knt. one of the Justices of his Majesty's Court of King's Bench: Sir JOHN WILLIAM ROSE, Knt. Serjeant at Law, Recorder of the said City; JOHN SYLVESTER , Esq. Common Serjeant 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.
Second Middlesex Jury.
CHARLES SCHRIEDER was indicted for feloniously stealing, on the 12th of June , twenty pair of mens leather shoes, value 4l. the goods of Alexander Learmouth and Samuel Beazley , in the dwelling house of Samuel Beazley .
Q. Were these your own shoes that you lost? - No; soldiers shoes.
Q. What day did you lose them? - I cannot tell precisely the day; it was on or about the twelfth; I imagine they were taken at different times. The principal witness is Mr. Ford. who knows more of it than I can tell you. The shoes are here; I cannot swear to them. I only know this, that there was a certain number of shoes in my back parlour on the eleventh or twelfth; I do not at all know precisely the day. The witness Ford came down with the prisoner, and said he had bought eighteen pair of shoes of the prisoner at such a price, and that he had that day brought him two more pair, and that gave him suspicion.
Q. Was the prisoner by? - He was in the house somewhere about.
Q. Did you miss any shoes from this back parlour? - I knew there ought to be twenty-six pair more than I found there, and on comparing the shoes that Ford brought down, they corresponded. I think Ford brought them down Thursday the eleventh of this month.
Q. Had you missed any before he brought the shoes to you? - I had not. I now find there are twenty-six pair missing.
- FORD sworn.
I keep a shop, No. 31, Swallow-street; I sell shoes, new and second hand.
Q. Look at the prisoner; do you know him? - I know him perfectly well by seeing him very often. I believe it is about six weeks ago that he brought the first shoes that I bought; whether he brought one or two pair I am not certain, but I think it was two pair; I bought the shoes at four shillings per pair of him.
Q. Did you ask him any questions? - I did not the first time; I did not know but he might have bought them for his own wear. When the second or third lot I am not positive which, came to me for sale; the second lot came to me two or three days after the first -
Q. How many did he bring you in all? - Eighteen pair I purchased, and two pair I stopped, which have not been paid for yet. When he had brought six pair, I think it was, I then asked him how he came by these shoes; he said, that he had lent a man money, who lived in the country, and that he was in the shoe business in the country, that he had wrote for payment of this money that was owing to him; that the man had returned for an
Q. And that house was Mr. Beazley's? - It was so; he received there some trowsers and some hats from Mrs. Beazley, for Mr. Beazley was not at home. He then begged the favour that I would go back again with him to deliver these things, or else he should get disgrace; I told him that I must go to his house, I insisted on it, and so at last he confessed that he had stole the shoes from this Mr. Beazley.
Q. Had you told him it would be better for him to confess? - I told him that I imagined, and I was sure they were not his shoes, and I said, tell me whose they are, that the owner may have his property back again.
Q. Did you make him any promise of any kind - Not the least in the world. I took him instantly back to the house.
Q. You have the shoes here? - I have.
Q. To Prosecutor. Can you, or any body for you, speak to the shoes? - I cannot. This man had been backward and forward to my house three or four weeks; he is a soldier, and was servant to an officer that was at my house, who had enlisted him in the Loyal Tay Fencibles.
Prisoner. I leave it to the mercy of the court.
GUILTY, Of stealing to the value of 39s. (Aged 51.)
Imprisoned two years in the House of Correction and fined 1s.
Tried by the first Middlesex Jury before Mr. RECORDER.
WILLIAM TILLY , JONATHAN JONES , WILLIAM CROSSLEY , GEORGE HARDWICKE , JAMES HEYDON , JOHN DELANY , WILLIAM HANDLAND , SIMON JACOBS , JOHN SOLOMONS and JOHN PHILLIPS were indicted for that they, on the 3d of April , with force and arms, were aiding and assisting to one Idswell Idswell, otherwise Isdwell Isdwell, committed to the gaol of the New Prison, Clerkenwell, for felony and forgery, and being a prisoner in the said gaol, to attempt to make his escape from and out of the said gaol .(The indictment was opened by Mr. Lowndes, and the case by Mr. Fielding.)
Q. You produce the commitment of Idswell, to New Prison, Clerkenwell? -
Q. It is signed by justice Flood? - It is.
Q. Do you know his hand writing? - I do.
Q. Is the signature of the commitment his hand writing? - It is.
(The commitment read by the clerk of the court.)
Mr. Juckson. I am counsel for Crossley. Do you happen to know that Mrs. Idswell had leave to sleep there once? - She had, by my consent.
Q. Is not that relaxing the ordinary rigour of the gaol? - No; he had been up to Bow-street, and she was with him, and was very much subject to sits. I was not in the gaol, but my servant, Roberts, came and told me of it, and asked me whether she might lay in the gaol all night?
Q. Is not that rather a singular circumstance? - It is, we never suffer it.
Q. Are not such applications frequently made to you? - Never.
Q. How soon did you give him that licence? - As soon as I had the order from the magistrate.
Q. Till then you don't know of his having been down in the yard? - No; we had orders to keep every person from him, except such persons as the magistrates gave orders to see him.
Q. Did you return with him from Bow-street? - I did not.
Q. How often is it your practice to visit the prison? - I visit the prison every day; but he was in a private room, I did not see him every day.
Q. How soon did you see him, after the first examination, in prison? - I see him frequently, for his room is exactly opposite mine.
Q. How soon after the first examination did you see him? did you see him that afternoon? - No, I cannot recollect the particular day.
Q. Did you see him that night? - No.
Q. Did you see him the next morning? - No. I see him every day, but I was not in the room with him. I see him in the room from the window the next day.
Q. Had he his irons on then? - He had his irons put on as soon as he came from Bow-street.
Q. Do you know that of your own knowledge? - I did not see them put on.
Q. Did you ever see him with his irons on? - I did, when he went up at the last examination at Bow-street.
Q. Do you take them off when they go up to Bow-street? - No; we did not.
Q. Then you do not know that he had had his irons off? - Not that I know of.
Q. Had Mr. Idswell been polite enough to compliment you with wine, or any
Q. Have you had no presents made to you from the prisoner? - I have had no presents at all.
Q. Do you know of any being made to any other person? - Yes, I believe Day had a watch.
Q. Did Day state to you how he came by that watch? - I believe he said, Idswell gave it to him.
Q. Did he happen to say that Idswell would have been gratified if you would have accepted of that watch? - No.
Q. Did Day at any time intimate to you a disposition on the part of Idswell, to make you any compliment or acknowledgment whatever? - Never.
Q. How long had Mr Crosswell lived with you? - I believe four years and a half.
Q. How has he discharged his duty? - I never had any complaint of him, till then I thought him a very honest and good servant.
Q. Are you clerk to Mr. Newport? - I am, and clerk of the papers.
Q. Look at the date of that warrant? - I received this of the magistrate.
Q. Did you receive Idswell Idswell into your custody on the date of that warrant? - I did.
Q. Did you see him at any time after that? - Yes, I see him every day two or three times.
Q. Did you see him on the 3d of April? - I did.
Q. Did you see any body on the 3d of April? - I did.
Q. Did you see any body on the 3d of April, who came to visit him that day? - I did, Mr. Tilley, the attorney.
Q. How many times did you see him in the course of that day? - Twice. I am not sure more than twice.
Q. Do you mean at the prison twice? - He came to the prison that day, the third of April.
Mr. Gurney. Mr. Tilley was the attorney of Mr. Idswell? - He was.
Q. There was an order for his admittance from the magistrate? - There was.
Q. Did Day ever disclose to you that he meant to give Idswell any indulgences beyond the walls of the prison? - No.
Mr. Jackson. Did it happen to you to indulge him beyond the ordinary vigour of the gaol? - Never, even to go down.
Q. Then how came you to let Mrs. Idswell sleep there one night? - She was taken very unwell that night.
Q. At what hour was this? - This was I believe about eight o'clock.
Q. Who first applied to you for her to sleep there? - She herself.
Q. At what hour? - I believe it might be about eight o'clock; I am not particular to the hour.
Q. It was dusk perhaps, not dark? - It was not.
Q. Was it light? - Yes, it was.
Q. Were there candles in the room? - No, there were not.
Q. The first night that she had leave to sleep in the gaol, when was it? - It was on a Saturday night, and we had been at Bow-street that day.
Q. It was perhaps on the day of the first examination? - No, it was not.
Q. Do you recollect the day of the month? - I cannot; I had been so many times up to Bow-street with him.
Q. What day did he first come into prison, was it not the 14th of March? - No, he was there before that some time.
Q. Was it within the first week that he came there? - No, it was not. He was fully committed.
Q. How long after he first came into prison, was it that he was fully committed? - I cannot recollect.
Q. Will you swear it was not within the first week after he was first committed there? - Yes, I am certain of that.
Q. Are you more inclined to think it was or that it was not? - It may be within the fortnight, or it may not.
Q. Was she too ill to have gone home in a coach? - She seemed so.
Q. When next did she sleep in the gaol? - No other time to my knowledge. I have heard it, but I don't know it to my knowledge I did not hear it till the trial was here.
Q. You attended Mr. Idswell to Bow-street on most of his examinations? - I did.
Q. Do you know how many times he was up? - I do not really recollect. I believe I was four times with him.
Q. Do you know what hour he reached the gaol at his first examination? - I believe between eight and nine o'clock at night, it was after locking up. I did not attend him that day; I never see him till he came to the gaol.
Q. Did you attend him the second examination personally? - Yes, I did.
Q. What time did he arrive from that examination? - In the afternoon, soon after the magistrate had done sitting.
Q. On other occasions when you attended him to Bow-street, as soon as his examination was finished, did you return with him instantly to the gaol? - No.
Q. Be so good to state to the court, the occasion on which you did not return with him to the gaol? - Two examinations I was there. I believe it was the second examination that I did not go with him instantly.
Q. What time was the examination then over? - I believe it may be about two o'clock. I took him no where but to the public house at Bow-street.
Q. Never near Chancery-lane? - We stopped and had something to drink in Gray's-inn-lane, the corner house.
Q. You did not stop in Chancery-lane at all? - No.
Q. At what house did you stop in Gray's-inn-lane? - I don't know the sign.
Q. Did you come immediately from the Brown Bear to there? - I came directly from Carpmeal's house.
Q. How long did you stop at Bow-street? - Till near six o'clock, while Mr. Lavender and Mr. Tilley looked over the things, and took an inventory.
Q. How long did you stop in Gray's-inn-lane? - Not a minute.
Q. Has it happened to you to receive any compliments from Idswell, or any parties connected in this cause? - I have not.
Q. You have not, either in wine or compliments of any description? - Yes, I did wine; Idswell owed me money then, and I had six bottles of wine from him.
Q. Did you receive the wine as a discharge for a debt or a compliment? - As a discharge of the debt.
Q. Have you received any compliments than the half dozen of wine? - No, I have not. He owed me four pounds
Q. Do you know of any other party having received any present from him? - Not in my presence.
Q. What was said to you about the watch and diamond ring? - I don't know any thing of it.
Q. Were Bryant and you out together at any time with Idswell? - Yes, at Bow-street.
Q. Now, as to Idswell's going down into the yard. Do you mean to say, that you don't know of his being indulged to go down into the yard? Perhaps you never see him down there? - I have seen him in the lodge after the locking.
Q. What time do you begin to lock up? - About eight; and finish in about half an hour.
Q. Is it usual to permit prisoners to come down into the lodge after the locking up, and sit there? - No, they never sit there.
Q. Then you let any person that chooses to ask for it, to come down into the lodge after locking up? - Not except they are in the state side.
Q. Is it a singular occurrence? - You may call it a singular occurrence, because it is very seldom that we have prisoners there in that side.
Q. How long has Crosswell lived in the gaol? - About three years.
Q. State candidly what was his general character during the three years that you knew him in that gaol? - I had a very good opinion of him.
Mr. Gurney. Were you present at Day's examination at Bow-street? - No, I was not.
Q. Were you present at any examinations of Day, wherein he said, that Mr Tilly never had any conversation with him respecting the enlargement of Crosswell? - I did not.
Mr. Trcbeck. Did you ever take Idswell out of prison after he was finally committed? - Never.
Q. When you let Mrs. Idswell sleep in the prison, was it not with the consent of you master, Mr. Newport? - I would not have done it on no account without first acquainting him.
Q. You were an under-keeper to Mr. Newport's prison? - Yes.
Q. Do you remember Idswell when he came to prison? - Yes.
Q. What day was it that you went with him to Artillery-lane? - Good Friday.
Q. Did it happen to you on that day to see Mr. Tilley, or any body else come to the prison? - Yes, Mr. Tilley came several times.
Q. What was the first time? - In the morning I believe, between ten and eleven o'clock; I did not take particular notice.
Q. How often was he there? - I know he was there four times.
Q. How long did he stay the first time? - He did not stay any long time.
Q. Was she there at any time when Tilley was there? - Yes, I believe she was.
Q. Then when he went away after the first time, how long was it before he came again? - It was not long; he did not then stay but a little while; he did not stay long except the last time. I think that was just at dark; he staid then ten minutes or half an hour.
Q. At the end of that half hour did he say any thing to you? - Yes, he did; he
Q. Had he been before this day in the practice of coming backwards and forwards to Idswell? - Sometimes once, and sometimes twice a day.
Q. Had he come often with Mrs. Jones? - Yes.
Q. When you went up stairs to Idswell what did he say? - He asked me whether I had said any thing to Crosswell about conducting him down to see an aunt that was sick? He had asked me two or three times to ask Crosswell to let him go out, and he would make us a present.
Q. To go where? - To No. 13, Artillery-lane. We did not consent to it, and then he asked to let his uncle Johnny come in; that if he could be accommodated to see him, it would be more service to him than writing an hundred letters. Uncle Johnny is Jonathan Jones , that stands at the bar. Mrs. Jones used to call him uncle, and he used too. We did not agree to it at first, and he said, he would make us both a present of a guinea each. He was admitted in and staid near an hour.
Q. How long was it before the 3d of April, that you let him have access? - Sunday, the 29th of March.
Q. Was he ever let in a second time? - Yes, the Wednesday following.
Q. I presume you got another guinea for that? - Yes.
Q. When was it you first heard any thing about a sick aunt being at No. 13, Artillery-lane? - They began to talk about it on Sunday morning, 29th of March. She said, she must go and see the sick aunt, and would be back again in a short time; she said, she was very ill. The next morning she came again, she said, that her aunt was dangerously ill, and wanted to see Mr. Idswell very much, and from the sight of him she would give him seven or eight hundred pounds, and that he should go in his irons, because that would affect her the more.
Q. Did you speak to Crosswell on this? - I did, but we both of us refused it several times, till Thursday night.
Q. Before that what had you received from Idswell? - He made me a present of a watch, the first day that he received any property from Bow-street, he called me up in the room, and asked me what I would have?
Q. Then there were two guineas and this watch, any thing else? - No. On Thursday night Crosswell had got three pawnbroker's tickets, the times were almost out, and he gives them to this Idswell, who, promised to take the things out for him. Before I went, I went up stairs to Idswell, to know if he wanted any thing more before I went home; Mrs. Idswell was there, and he said to her, my dear, have you got this watch, coat, hat, and ring out of pawn? she says, no. Says he, you may as well give Day the money to go and get them out; and she gave me three guineas to go and get them. I went, and when I came back, I gave him the watch and ring, and he told me to take the coat and hat home to my own house. On Friday night, when I went up stairs, he told me he wanted to see Crosswell; and I went down and sent him up stairs to him, and he gave Crosswell the watch and ring back again, and told me to give him up the hat and coat.
Q. Did he give you the blunderbuss? - He did.
Q. How were his irons tied up? - With four silk handkerchiefs, and Idswell had got a rough great coat on, belonging to one Myers, a prisoner at that same time.
Q. Who gave him that great coat? - Crosswell. Just as he was going out, he said, go, make haste back, and if you want to go another night, I will go with you myself. We walked as far as Smithfield, and had a coach, and went to Artillery-lane. When we came to Artillery-lane, Idswell did not rightly know the house, and he asked a watchman which was Mrs. Cummings's? He was told, and we were going up to the door, and just as we got up to the door, we see Mr. Tilley and his wife coming away from this door. We got out of the coach about a hundred yards from the house. I says to Idswell, there is Mr. Tilley. He did not speak, nor he did not say nothing to him; but when we came up to the door, the door was half open; the man Bowley was at the door; I knew him from coming backwards and forwards to Idswell. I said to Bowley, there is Tilley, call him; he called him. Mr. Tilley comes up and shakes Mr. Idswell by the hand, and said, Mr. Idswell, who would think of seeing of you here? and Tilley shaked me by the hand, and said, good night, Day, don't be afraid of me; then Tilley went away.
Q. Then Idswell went into the house, and went up stairs, and you followed him? - Yes, I was close to him, about two stairs from his all the way. When he got up on the landing place, he turned into the left hand room, as soon as he got in, there were some people came from behind the curtain, after he found the people come from behind the curtains, he said, d-mn him, he has got a blunderbuss with him. They were going to lay hold of him first being mistaken, and they laid hold of me, and tore my coat sleeve off, and I fell down two or three stairs.
Q. What became of the blunderbuss? - I had it under my coat at the same time, the muzzle was down.
Q. Did you attempt to secure the blunderbuss? - No, I did not; I attempted to save myself. Hardwicke was the first that laid hold of me, and Haydon was the next, and then Henley and Handland; these four were on me.
Q. When these men were on you, what did they do? - Hardwicke got the blunderbuss away from me, he said, d-mn him, I have got it; and then the light was put out immediately, and the blunderbuss was fired immediately.
Q. Were you standing then or down? - I was laying down with my hands hold of the banisters.
Q. What happened on the gun's going off? - I received a wound in my head;
Q. Did you find what was the consequence with any body else? - I did not till the people broke into the house.
Q. How long was it before the people broke in, after the report of the gun? - The mistress of the house came out first. They broke the blunderbuss about me, and jumped on me, and left me for dead once, and went up stairs; and when they came down again, they found I was not dead, and they listed me up by the hair of my head, and tried to hang me with my handkerchief.
Q. Did you see any body else while this business was going on in the house? - I see the little one, Jacobs, in the house, and when I went to raise myself up; I laid hold of Delany by the apron; he was at the bottom.
Q. Was he the one of the four that you had noticed before? - No, he was the fifth. There were four came up to me first, Hardwicke, Heydon, Henley, and Handland, and Delany was at the bottom of the stairs, whom I laid hold of by the apron.
Q. When you got into the room, who were the first that you see? - Hardwicke and Haydon, and then Henley and Handland.
Q. Then whether Delany was in the room at that time you don't know? - I do not.
Q. You say you see Jacobs there? - I did, in the room after it was done.
Q. Did you see Jacobs before you got up, after having received your wound? - Yes, after; in the passage below.
Q. Did you see any thing of Phillips? - No, I did not.
Q. Then the only people you see, are the five that you mentioned, and Jacobs? - Yes.
Q. Then they treated you in this way that you have described, and the blunderbuss was broke over you? - It was, into a great many pieces.
Q. How long was it before they brought the light, and you could discover where Idswell was - It was some time after Mrs. Cummings came out; I was laying in one part of the passage, and Idswell in another, and the people all ran up stairs.
Q. Then it was that you see Jacobs? - Yes, it was.
Q. You found afterwards that Idswell had been shot? - Yes, I did, and saw his coat on fire, just as I was going out of the door.
Q. What had set fire to his coat? - I don't know, indeed.
Q. How long did he live? - I don't know indeed.
Q. What became of you? - I went and took two people at the top of a house, nine house away, afterwards; there was a woman came to the door in her shift, and said, there were two men at the top of our house.
Court. Who were the two men that you took? - Haydon and Henley.
Q. On your taking them did you know them to be the two men that had attacked you? - Yes; the man of the house brought down one, and I brought the other down, and took them to the watch house, and then I returned again to the house, No. 13, and they asked me what I wanted? I told them I wanted the prisoner; they said, the prisoner was dead; then I was taken into custody myself.
Q. Had you an opportunity, after you returned, of seeing what was in the room? - No, I had not.
Q. Do you know when it was first mentioned about this sick aunt, whether any body was mentioned to send proposals? - They said, they would give direction to see to what sort of a place they were going Idswell gave me a direction, No. 13, Artillery-street, I gave it to Crosswell, but I never went.
Q. Do you know whether Crosswell went or not? - I don't know indeed.
Q. But the proposal was made that you should go? - Either me or Crosswell was to go and see this sick aunt. It was mentioned a day or two before his going out.
Q. Are you sure of the man that you laid hold of by the apron? - That is the man (Delany) that had the apron on, I believe, to the best of my knowledge.
Q. Is that the man that you see at the bottom of the stairs, and not at the top? - I believe it is; but the other four I am positive to.
Q. How often did Bowley come to the prison? - Very often.
Q. So that you knew him very well? - Yes, very well; by coming backwards and forwards.
Mr. Knowlys. I am counsel for Tilley and Jones. We understand that you was in trust for Mr. Newport; I was servant there.
Q. A trusty servant there? - I was till this accident happened; I never betrayed my trust before.
Q. Did you acquaint Mr. Newport that you were receiving these presents of Mr. Idswell? - I did not.
Q. How came you to keep that from him? - I had no particular reasons.
Q. Did you acquaint Mr. Newport at any time with any proposal he had made you, that you should convey him out of the security of the prison walls? - I did not indeed.
Q. Did you tell him that you had been trying to persuade Crosswell in that matter? - No, I never did; no further then bringing of him a message that I acquainted you before, he wanted to do it at last, after he had been up stairs, and all his property was returned.
Q. I suppose you did not do wrong for the hope of nothing, you would not have let this person out merely for asking? - I never received any thing more than I have told you.
Q. That is not an answer. You would not have let him for any thing that could be said to you, unless you found there would be a handsome present? - I expected it.
Q. No persuasions would have operated on you, except you had believed there would have been an handsome present? - No, I don't think it would.
Q. Don't you think it would not? - I believe, I should not have been persuaded else.
Q. I suppose nobody was by at the same time you heard Mr. Tilley made use of these words that you have related? - There was nobody by but Mr. Tilley and me.
Q. You say as you were going you took Idswell through Smithfield? - Yes.
Q. That is in the city of London? - I believe it is.
Q. He did not speak to you at all as he past you? - He did not.
Q. Had you said any thing to him before that? - Never. When he first came up he said, Mr. Idswell, who should think of seeing you this time of night, &c.
Q. Do you take upon yourself to swear that no expression of that sort passed? - I believe I can.
Q. Do you pretend to swear that you did not desire him not to take notice of you? - and not make, or mention any such words, I wished him a good night, as he did me; I do not recollect I spoke to him before.
Q. When was the latest time that you see Jones? - On the Wednesday night preceding this happened.
Q. You did not see him that very night? - He was not there to my knowledge.
Q. Now these conversations were what passed between Idswell and Mrs. Jones and you about the sick aunt? - Yes; I never knew it to pass any where else.
Q. You never in your life received any thing of Jones, it was of Idswell that you received those things? - I believe it was, I will not be positive.
Mr. Jackson. You were in the ordinary habit of waiting on Idswell? - I was.
Q. You used to be principally in his room? - I did, when I was in the way.
Q. You regarded him as your master for the time? - I looked after him, but Crosswell waited on him when I was out of the way.
Q. They used to empower you to deliver their messages to Crosswell? - They did.
Q. What did they ask you to say to Crosswell first? - They asked me if I thought Charles would consent?
Q. Who asked you to let Mrs. Idswell in after hours? - Both Mr. Idswell and Mrs. Idswell.
Q. Did they ask you to say any thing on that subject to Crosswell? - Yes, they did, and they would make us a present of a guinea a piece.
Court. He has stated the fact, that he had the money for doing it.
Mr. Jackson. Who gave the money to Crosswell? - Idswell did.
Q. Was it conveyed to Crosswell by your hand, or by his hand? - He called us up stairs the next morning, and gave us both a guinea, in the presence of each other.
Q. Did it happen to you to let Mrs. Idswell in, or Crosswell? - One time me, and one time Crosswell.
Q. They asked you to open this business to Crosswell? - They did.
Q. What did you say to him? - I told him what they said.
Q. Did you state to Crosswell at that time, about the extent of the present for
Q. You did not say it would be a d-ed good job, and there would be about fifty guineas a piece? - I did not.
Q. Did he consent at that time, or refuse? - We both of us refused then.
Q. What did you happen to say to Crosswell, with respect to a place in the Custom House, or India House? - Idswell said, if either of us lost our places by permitting it, he would provide us one, either in the Custom House, or in the India House.
Q. Did you communicate that to Crosswell? - I did, I told him so once.
Q. What did he say then, did he refuse or consent? - There was no consent till Friday night, when Crosswell had got his property returned.
Q. That property was first delivered to you, and by you to Crosswell? - No, it was not delivered to me; on Thursday night I fetched them out of pawn, and Friday morning I gave them to Idswell.
Q. Your's was the hand that delivered the hat and coat? - It was.
Q. We have heard something about a watch; was it a gold watch or a silver one? - A silver one; I had a gold watch to take down to Mr. Roberts to deliver to Mr. Newport; Mrs. Idswell said that she thought Mr. Newport would be asfronted, because she had promised him a sight of it.
Q. Did it happen to you to have any other article, a diamond pin or any thing of that sort? - I had not.
Q. Did you ever say any thing about a diamond pin? - No, I never said any thing about a diamond pin.
Q. When you said that you might as well do as other people had done, and got prettily by it, what did you mean? - I knew there had been several shillings given to my fellow servants, and not shared among us.
Q. When you said that other people had got prettily by it, you meant your fellow servants? - I did.
Q. And by getting prettily by it, you had no higher idea then a few shillings? - Or half a guinea to the utmost, captain Leeson came once and left half a guinea.
Q. Had you a licence at any time from Mr. Roberts, to let Mrs. Idswell sleep there? - I had no licence, the time of her sleeping there was not by my consent.
Q. How many times did she sleep there? - I believe once.
Q. You have stated just now, that Crosswell refused it over and over again, and at last consented; and that you refused it? - Yes, I did, to the very last minute.
Q. How came you to go then? - Because Crosswell said, go, and you may be very safe, and if he wants to go again, I will go with him next time.
Q. Who bound up the irons? - Crosswell bound up one, and I helped bind up another, and I said at going out, I will bring him back in two hours.
Q. Did Crosswell load and give you the blunderbuss, to prevent his escape? - He did.
Mr. Fielding. As to your fellow servants, they had taken some money, and gave you none of it? - They had.
Q. You was asked with respect to Mr. Tilley, how you desired Bowley to call after him; you was not afraid of Mr. Tilley seeing you? - No, I was not.
Court. Who was Moses? - I believe he was evidence against Idswell last session.
Q. What prison was he in? - In the New Prison, Cold Bath-fields
Q. Were you with Idswell Idswell? - I was.
Q. How many years? - I have known him for these three or four years, but not had any acquaintance with him but just within a twelvemonth or so that I was abroad, in Holland.
Q. Do you remember about the time he was apprehended? - Yes.
Q. Who lived with him? - Mrs. Idswell.
Q. Do you remember seeing her at that house? - I had a conversation with her, and she told me that she would give me half a guinea a week, and my victuals and drink, to be in the house, and from then I continued in the house till Idswell died.
Q. Do you remember going at any time to the New Prison, Clerkenwell, where Idswell was in confinement? - Very often backwards and forwards. The first time that I went, Mrs. Idswell and a woman went with me in a coach; a servant; Mrs. Idswell was admitted alone, the servant came back.
Q. How long did she stay? - She staid there about an hour.
Q. Is that the man who goes by the name of uncle Johnny? - It is, the man at the bar.
Q. Do you remember going with him to the prison, Clerkenwell? - I do; I went along with him and Mrs. Jones, and they staid there; I was left on the green in a coach; Mrs. Jones and he went together towards the prison, they staid that time better than two hours.
Q. About what time of night was it? - We went about twelve o'clock; they left me in Aylesbury street.
Q. How long did he continue in London? - I cannot say; he was in London for what I know till this accident happened, I did not know that he was gone; I never see him after we went the last time to the gaol.
Q. Do you remember a house being taken in Artillery-street? - I do, I helped move the goods.
Q. By whom was it taken? - Uncle Johnny told me that he had taken a house in Artillery-street, and he employed me and Hardwicke and another porter to carry the goods from St. Mary-axe, and Mrs. Jones went there. On the Wednesday night before the decease of Idswell, Mrs. Idswell came home to me, and she then told me as this, says she, Solomon, go down and put up the bed furniture, which I did; a little while after Mrs. Idswell came home, and she brought home some apothecary stuff, and vials, and plaisters, and several more sorts of stuff; and then she told me that to-morrow some of the gaolers would come, there would be a sick aunt there; on that she brought some plate, and I cleaned it and put it on the side board; the next morning she came and sent me out for some oranges;Simon Jacobs came there with his mother; he went away, and his mother soon after went and laid herself in the bed; she laid there for about an hour, and she got up and I laughed at it; Mrs. Idswell said, if it is nothing, it is nothing, it don't concern you.
Q. Do you remember being at any time in fashion-street? - Yes, I do, that was on Good Friday.
Q. That was on the evening before the accident happened? - the same evening. Mrs. Idswell then told me it was our passover time, I said I would go home and say our prayers, and she told me when I came back that I might call either at Jonathan Jones 's, or her house; when I came back I went to Jonathan Jones's house first, and when I came there I saw these people that I can mention to you, Simon Jacobs, Mr. Tilley and his wife, John Solomon, John Phillips . Hardwicke and Heydon; at the same time Mrs Jones took out a bottle of raisin wine; on that I said to Mrs Jones in dutch, wegad? that is as much as to say, how goes it? on that she said, you need not speak Hebrew, you may speak English before Mr. Tilley; on that I said to Mr. Tilley (I sat next to him) what do you think of this business to night? Mr. Tilley said, in a slow voice, if they let him out at all, there will be no danger.
Q. How long did you continue together? - About half an hour, afterwards I went down stairs into the kitchen; and sat down along with the servant, and came up again and they were all gone except Mr. Tilley, and Mrs. Idswell, came in, so I says to Mr. Tilley, may I be so bold as to take your stick, as it is late?
Q. Where were you going to? - We were going to Artillery-street; as we were going along, Mrs Idswell said, if there is a light up against the gaol, he will be out to night, if not, he will not be out till Sunday night; and we went to Artillery-street, and she fixed me at the door, and told me if any body rings the bell, do you, Bowley, open the door.
Q. When you went into the house did you go up stairs? - I did, into the bedroom.
Q. How many did you see there in all? - Four or five. I at the same time mentioned as this, I said, who is to act the part of the sick aunt to night? and they said, you be the sick aunt; and I laid myself in the bed as the sick aunt, to make a joke of it; I did not continue in it long, but I got up immediately.
Q. How long did you remain in the house before the bell rung? - I look on it about half an hour.
Q. Who opened the door when the bell rung? - I did.
Q. Who did you see? - Charles Day , and the deceased; they were at the threshhold of the door; he said, be so kind as to call Mr. Tilley; I went about ten yards from the house, and Mr. Tilley came towards me; says I, Mr. Tilley, Day wants to speak to you, will you be so kind as to come back? and he came to the door, and shook hands with Day, and the prisoner, but what past I did not hear.John Solomons came up stairs after the blunderbuss was fired.
Q. Do you know how many were secured in that house? - I cannot be upon my oath, because I was up stairs; I was secured myself.
Mr. Knowlys. I will not ask you much, because of what your counsel has said of you. I think I see you in irons at Bow-street. How long were you taken before you turned evidence? - Immediately; I told them if they would admit me an evidence I would tell the whole truth; I told them what I knew before I was sworn in as an evidence; as soon as I came up to Bow-street I told them I would tell all.
Q. You were examined twice before you was examined as a witness? - I was, among the prisoners.
Q. That is not Jonathan Jones's house? - He and his brother lives together in that house, they live at Gosport, but their wives live together here in town, here in Fashion-street.
Q. You say that you were talking to Mrs. Jones in Hebrew? - I only said that one word.
Q. Tilley did not speak to you in a loud voice, addressing himself to all the company? - No, he did not; I sat close to him; I had been frequently backwards and forwards to Mr. Tilley, and knowing him, that made me be so free to him, and knowing him to be Mr. Idswell's, attorney.
Q. Nobody else was present to hear the conversation? - There were people present in the room, but whether they heard the conversation or not -
Court. Did Jones tell you for what purpose he had taken the house in Artillery-lane? - No, he did not, but he had bought the furniture that was in the other house, and paid for them; then after that he said he had taken that house for Mrs. Idswell to live in.
Prisoner Jones. Solomon knows that they had warning given them, and were obliged to quit the house in St. Maryaxe.
Mr. Knowlys. Don't you know that Jones had gone back to Gosport? - I did hear that he was, I never see Jones after I went to the prisoner with him.
Court. Was Jones present at the meeting you speak of on Good Friday? - No, he was not.
Mr. Knapp. At the time the question was put, the answer was given in so low a tone of voice that the persons who were in the room could not hear it? - I cannot say that they could not hear it.
Q. It was so slow that you could hear it better than any other person? - I did hear it.
Q. There was no other conversation except that what you have related? - Nothing at all.
Q. As to this house in Artillery-street, you knew the situation perfectly well. Pray has it any way out backward? - Not that I know of; it has a yard backward.
Q. It is walled round? - Yes, I believe it is.
Q. Is it not in point of fact, enclosed with other houses? - I believe it is.
Mr. Gurney. What large bribe was given to you to keep your honesty on this occasion? - None at all; I was to have had half a guinea a week, and I have not received all my money.
Q. You thought it a matter of common service? - No, I never suspected the business, and if I had known the consequence of the business I would not have been in it.
Q. You did not boggle at it? - I did not believe that he would have come out.
Q. If he had come, would not you have helped? - I cannot answer that.
Q So before you did it you went to say your prayers, to pray for the success of the plot? - That is all nonsense.
Prisoner Hardwicke. Pray how much did you pay me for moving the goods? - Fifteen shillings.
I live at No. 12, Artillery-street.
Q. Do you remember any thing taking place on Good Friday last? - Yes, about half after one on Friday morning, I heard the alarm of murder and fire; at that present time I did not know whether it was in my own house or the next; I got out of my bed and went to the street door, I immediately found it was at the next door; I immediately heard the alarm of a piece going off, I went back and put on my breeches and jacket, and by forcing the door three times, it flew open; the first thing I saw was, Idswell laying on the floor, just within the door; I see the blood boiling out of his hind parts, he lay like on his face; the next was Day, he stood about a yard space from him; I asked Day what was the matter? he said, for God's sake help, or I shall be murdered; immediately Mr. Jarvis, the headborough, came in at the door, and by knowing of me he said, Mitchell, I demand you to aid and assist; I said, it is my intention; immediately we went up stairs, and we see four coming down stairs, two women and two men, one of the men was Barnard Solomon, and the other was Phillips; I asked them what they did there? and they immediately said, that they heard the alarm of a noise, but they did not know what was the matter; they said, for God's sake, what is the matter? Mr. Jarvis made answer and said, d-mn you, we will let you know what is the matter; Mr. Jarvis said, if you don't know what is the matter, we will let you know what is the matter; I believe them to be the words. We secured him, and gave him to the hands of the watchman; we went up stairs, we went to the bed room on the left hand, and we did not discover any person there, but we examined the bed, and on the bed we found a pillow that was tied up at one end, and a woman's night cap on it, in the resemblance of a woman; I shewed it the gentlemen; I see a number of vials containing physic, and them kind of things, some stood on a mantel piece, and some stood on a pair of drawers; and directions on them.
Q. Did you see any thing else laying about the room? - Not to my knowledge, material.
Q. Did you see a blunderbuss in the room? - I picked up the stock of it in the passage, and then I picked up the lock and the barrel in the front room, under the grate, and several pieces in different parts of the house.
Q. Did you find that part of the blunderbuss in the passage, near about where Idswell was laying? - About a yard from him. When we had been in the bed
Q. Did you find any thing else in the house? - Yes, some sticks and some hats, I produce one stick, I found it on the first landing place.
Mr. Knapp. So, Phillips said, for God's sake, what is the matter? and Jarvis said, if you don't know what is the matter, we will let you know it; and Solomons you found in the necessary, and he had bolted or buttoned the door? - Yes, and his breeches were down, and he said he came there through an alarm and was frightened.
Q. I believe you live at No. 13, Artillery-street? - Yes.
Q. Who came on the 25th? - The goods were brought by a porter (Hardwicke.)
Q. Did any body else come that day? - Mrs. Idswell, a child and a servant, Mrs. Idswell did not sleep there the first night, the second night she slept there.
Q. Do you recollect any people coming in on Good Friday evening? - None.
Q. What part of the house do you live in? - In the lower floor, the two parlours.
Q. About midnight you were alarmed? - I was, I got up with the noise of the blunderbuss, and the cry of murder, I got a light from the watchman, out of window.
Q. What was the first part of the house you had an opportunity of observing? - The passage. The first I see was Day, he was laying with his head to me, and a man was over his neck, beating him, but what with I cannot say, my fright was so great.
Q. Did you see Idswell, the deceased? - I did not till after the house was alarmed, assistance came immediately.
Q. As soon as you discovered Idswell in the passage, he was shot? - He was shot.
Q. Had you an opportunity of seeing any of the prisoners at the time? - No, only one, Delany, and Day, that was the only one.
Q. You went up stairs? - No, I was taken into custody myself.
Q. Did you see afterwards in this room any punch, or any thing? - I found on Sunday, in the seat, at the back of the sofa, a file and a punch, which I delivered to Ray.
Court. Do you know the man who had got his foot on Day's neck? - I did not see him after, but I suppose that is the man (Delany.)
Q. You are one of the officers of the police office? - Yes, I am.
Q. Have you got a punch and file? - I have, I had them of Mrs. Cummings.
Q. What is the use of that punch? - This is the thing that is used to take the nut out of the basil, that goes round the leg to fasten on the iron. I was there that night, I was sent for to the watch-house,
"This fellow who goes with me has a blunderbuss under his coat, so if you think it will frighten any of the family, put it off till another day. Your's sincerely."
Q. Did you see any men that were apprehended on this spot? - They were all then secured, and in the watch-house, all but Mr. Tilley and Mr. Jones. There was not an opportunity of searching the prisoners as they ought to be searched in the watch-house, there was such a crowd of people; when I took them to prison I got a candle, and from Handland I took off a stocking that had some blood on it, and the foot of it was all soaked in blood, and all very fresh.
WILLIAM SPENCER sworn.
I was alarmed this night, as I supposed, by the noise of fire, and I went to the top of my house, and I see two men at the bar, Henley and Heydon. (The house where I live is eleven doors off) I see them on the top of the house, next door to me, on the top of some back sheds, or wash-house, making their escape over the tiles; I asked them what business they had there? they said they had been after some jews that were concerned in some stamps; some neighbours said, don't mind what they say, they were two thieves; and I took them, I held them till Day came.
Q. Where did you take them? - Two in the house and two out of the house.
Q. Which two did you take in the house? - Simon Jacobs and Bowley.
Q. Where was Handland when you took him? - In Mr. Stevens's yard, standing by the back door; I see him get out of a window.
Q. You are a watchman in or near Artillery-lane? - Yes.
Q. You heard the alarm of fire? - I did; I was at the taking of four, Henley, Heydon, the evidence is the third, and the fourth I don't know him if I was to see him.
Q. How old are you? - Turned of eight.
Q. Do you know your catechism? - Yes.
Q. Do you know what a terrible thing it is to call God to witness if you tell stories? - Yes.
Q. Did you ever see him at your mother's house before that night? - Yes.
Q. Try again. - I know Hardwicke, he came with the goods, and Jacobs I had seen several times before.
Q. Did you happen to see any of them that night that this terrible noise was? - No, I did not see them that night.
Prisoner Tilley. I stand charged with being concerned in aiding and assisting the prisoner Idswell Idswell to make his escape out of prison. To prove which, it is represented that I frequently attended them at the gaol; I would wish first to observe that the Idswells were totally strangers to me, I was not concerned as their attorney, but as an agent for Mr. Radley, as such I visited them a number of times; during the whole times that I visited them I never had the least intention, or ever did any thing at all to induce the turnkeys to take Idswell Idswell out of prison. With respect to the scheme of the sick aunt in the house of Artillery-lane, I never knew any thing of it, I never was in the house in my life. The reason why I was more with the Idswells lately then formerly was, because at first I was not allowed to see them but in the presence of the turnkey, but within four or five days before the escape, I had permission to see them alone; they were in different prisons, and I went backwards and forwards in assisting them in their defence, sometimes from prison to prison to them. During the whole time that I attended them as their solicitor, I never used any unfair means whatever to assist them to plan any scheme for their escape. Day, the turnkey, on his examination at Bow-street, declared that I had mentioned nothing at all to him; he now thinks proper to swear, that on my calling to him, I said I had been drinking with Bryant, and that I had told him that Moses was going home that night to keep the passover with his wife and family? that circumstance I must solemnly deny, though I cannot prove false, because he says no other but himself and me was present. The fact was, that I had not been with Bryant, and that I made use of no such expression, nor do I think that I see Day at all, if I did it is very possible that I might tell him that his master wanted him; it is impossible for me to contradict that assertion of Day's, that he very well knows. He at one time swears I was six times at the prison that day, he another time swears I was four times; the reason of being so often was, being first at one prison with one brother, and then going to another prison to another, and then for some things in the preparing of the defence requested to go back; but during the whole of my attendance, I attended for no other purpose then taking and preparing the defence; and so far as my having a sum of money for assisting their escape, I have not yet been paid my bill, there is a matter of fifty pounds now due to me from them; if I had known there was any intention of an escape, or thought there was a plan of an escape, I had seventy-five pounds in my hands, and I might have paid myself what was due to me. With respect to Day meeting me in Artillery-street, he swears that he see me at one time coming out of the house, at another time I was coming from the door; I did meet him at that time, I did not know in what street I was; it is true he stopped me, I suppose he knew me, he says, for God's sake don't say that you see me here to night; I said, it is nothing to me, if you do any thing wrong you must answer for it yourself. I had a message sent me the next day from Mr. Flood, but if I had not, I was going to tell what I had seen, when I heard of the accident that had happened, that I had met the prisoner and the turnkey in the
With respect to Bowley, he at one time says that he spoke to me in a whisper, and it was so low that no person in the room could hear it but me; if the fact was as he wishes to represent it, that I was acquainted with the scheme, there was no necessity of his whispering to me, nor me to him, I did not do any thing of the kind, I never had any conserence with Bowley, nor any body at all in this business; I solemnly declare that I always acted fairly as an attorney; it is not probable that having a good character as an attorney to that time, as I had, that I should engage in such a scheme, and if I had been consulted on it by Idswell, I should have advised him from it. When I went away on Friday night I was desired to be with him early on the Saturday morning, and I meant to go to him, but I heard that he was killed. If they had such a scheme in their minds, it certainly never was their intention to let me know of it; Idswell and his wife always talked Hebrew before me, so whatever scheme they had in their heads, it was kept from me. With respect to Day I never did persuade him to take out his prisoner; with respect to the conversation with Bryant, it is false, and was it of consequence I would make my affidavit of it if I was going out of the world this moment. Both Bowley and Day have taken care to six times when there was nobody present but themselves, therefore it places me in that situation that it is impossible for me to contradict them.
Prisoner Jones. At the time this accident happened I was out of town.
Court. That is proved already.
Jones. I thought I was in duty bound, as my niece was ill, and had warning to quit, to take an apartment for her; I did not go and take it in any clandestine manner, I told the woman of the house who I was, and what I was, and I agreed with her for the apartment.
Prisoner Crosswell. I leave it to my counsel.
Prisoner Hardwicke. I am a ticket porter, unfortunately I was hired with another man to move the goods, and I received fifteen shillings and sixpence for myself and the other man, and there was some more money due to me; and as to what Mr. Day has said against me, it is totally false, because since the last trial I am told that he is the man that actually did fire the piece off, and to save himself he has pitched on me; I never was out of the room, I was by the fire side when Mr. Skelton came and took me in the front room.
Prisoner Heydon. My wife is a washerwoman, and she washed for Mrs. Jones at different times; this day my wife was had with a fore leg, she could not go son the things to wash, and it being Good Friday I had not been at work, I had been drinking; when I came home about nine o'clock, she said, there was a person there that wanted me to go for some soul linen, and they already owed a little bill. And I went to Artillery-street, and asked the maid if her mistress was within? she said, no, and asked me up stairs, saying she would be in presently; and while I was there this accident happened. What Mr. Bowley has swore of my being in Fashion-street, is wrong, for I never see Mr. Tilley nor Hardwicke, nor any of the prisoners at the bar before, they are all strangers to me.
Prisoner Handland. I was passing by at the time of this bustle, and I went in with the watchman, for I was very much intoxicated, so I don't know how I got into the house; I am innocent of the charge laid to me; I worked till nine
Prisoner Delany. I was at work that day in Thames street, at a steel-house, and we worked late, and afterwards went a drinking of some grog, and I was passing by the watch-house at this time, going home, when I see the mob, and just spoke to one man going in, and asked what was the matter? and they shoved me in along with them; here is a gentleman knows that I was at work that day.
Prisoner Jacobs. I hope your lordship and gentlemen of the jury will be very cautious as to the evidence that Day has given; in the first place he is a turnkey, secondley he is a villain in betraying of his trust. This fellow used to admit people to see the Idswell at any hour of the night, at either eleven, twelve, or one o'clock in the morning, because he got a guinea for every one he so admitted. He charges me with coming frequently to the prison, at the same time he knows I am a relation, I am a brother-in-law to the deceased, and I used to come to the prison either with a parcel or a letter, whatever it was I delivered it into the lodge, if it was a parcel, the parcel was opened, and if it was a letter the letter was read before it was taken up; I waited in the lodge till the person came down again, I never was admitted to go up stairs, which I might have done if I would have chose to pay a guinea, but that I could not, and so I never was admitted up to see him, therefore how can I be charged with planning his escape, when I never was with him to plan it, nor has any one evidence said that I was ever with him, since, or before it was planned. I look on the whole of them to be a parcel of villains, from Samuel Newport to the whole of them; Samuel Newport charged him a guinea a week for a small room, and was always extorting presents, and I dare say he has the watch in his pocket now. Certainly he has done it with a villanous intent.
As for this other man (Roberts) he has been often tried, but now he is deputy governor, deputy gaoler, clerk of the papers, dog-whipper, and the Lord knows what. This Roberts has been guilty of the same thing as Day was guilty of, in betraying his trust; there was an order given by the magistrate, that the two Idswells should not be permitted to see one another, and for that very reason they were committed to different gaols. Now, when they were examined before the justice, there was always a man placed between them, that they should not speak together; but this Roberts, he says to the other gaoler, who had the other Idswell in custody, mind before you take your prisoner to gaol again, to stop at a house in Gray's inn lane, where I will bring my prisoner. My Lord he got twenty guineas for that job, which he know I know; therefore is such a fellow to be believed in any thing he says? If any man has planned his escape, he is the only man that planned it, because this governor came up to Idswell one day, and says, I am very sorry to inform you that your case is very dangerous, and I have it from good authority that it will prove fatal to you; the next day Roberts came to him, and it was told him if he could get eight hundred pounds he might get his liberty; Idswell told him he had not such a sum at present to give him, but says he, if you will admit me to go and see an old aunt I will do it; accordingly it was agreed that Day should go out with him, and with this private order, says Roberts to Day, if you get the money let him escape, if not bring him back, or shoot him, which order he executed to my sorrow; and the gaolers who lets a prisoner escape, are
My lord, how can I be charged with assisting and aiding the prisoner in his escape, when the escape was made before I see him, because the moment Day took him out of the gaol the escape was made. Did I go to the gaol? no; Day is to be blamed, and none of us.
I have been charged with being in Fashion-street the night this escape was made; I will first give you a reason for that; the house in Fashion-street, where I was, is my uncle's, and this was our holiday time, my wife and I were there at supper, and that was the reason of my being in the house that night.
When I came up to this gaol, which is the first time I was ever before any justice for any criminality whatever, I was loaded with heavy irons as ever I could bear them, I was locked up in a cell day and night, I was kept without fire and candle and bed, obliged to lay on bare boards; the victuals that was brought to me, was brought to me as far as from Tower-hill; if it so happened that this great man, Roberts, was there, it was kept in the lodge, he hauled it about till he mangled it entirely to pieces, to see whether there was any writing of my wife's to me in it; and when I was taken to be examined, instead of taking me back again to prison, I was frequently put into a house for the sake of shew, at the Brown Bear ; we were put into a place where we were railed in like a cage, and one keeper put at the door, who permitted any one to come in who paid him, and being ten days without being shaved or shifted, we looked very pale and miserable; I told them it was scandalous and shameful, and I said I would tell the court of it when I came to be tried; then I complained of this usage to justice Flood, but this great man, Mr. Newport had such an awe over the justice, that he thought nothing about it, and I was threatened if I said any more, I should be put into the black hole, and I was afraid it was such a black hole as at Calcutta, and so I said no more about it. Now whether it was from a deal of money I spent that day, or bow, but I had the happiness to see the Great Mogul; I met a dutchman, I asked him if he had seen my wife? he said, yes, and that she had employed a counsel for my defence, I asked him who it was? he said he was told his name was Knapp. However there we staid, and there this rascal, Day was seated at a mahogany table, with a tumbler of red wine and some nutmeg, to raise his poor spirits, least he should saint. But I am not now in their hands, here I am in a court of justice, before a good and humane judge, who hears me patiently, and a good humane jury, who will consider our lives and liberty before they take it away.
Mrs. Cummings charges me with being at the house, I think she has every reason to remember me, as there was a little incident that happened between her and me, for either on Wednesday or Thursday before this happened, I was in the kitchen, I was there to take care of the things; Mrs. Cummings comes into the kitchen, and makes a deep curtsey, but the curtsey was not made to me, it was to a glass of rum that I had in my hands, it was made to that; says I, ma'am will you drink a drop with me? she did condescend to drink with me, and so I think she must remember me.
At Bow-street her husband was examined, but they have not brought him forward here; the prosecutors are in court, and they know what I say to be fact; he was there asked where he was that night; he said, please your worship at ten o'clock I went home; says the justice was not you at home? so at last, with a good deal of yawning, he said, I
Prisoner Solomons. Some little time after the prisoner Idswell was apprehended on the occasion of the stamps, Mr. Phillips came to my house, and said, that Mr. Estcourt had sent for him, and told him, that if he could procure the dies, he would give him two hundred pounds, accordingly I went to Mrs. Idswell, and I said to her, if you can get the dies belonging to the stamps, it may be the means of liberating Mr. Idswell; says she, I cannot give them you now, but if you will call on Friday, I will tell you where you may find them. On Friday, about half past ten, Phillips came to me, and says to me, now we will go to Mrs. Idswell's, to put us in possession of the dies; accordingly we went to her in Artillery-street, and we were told she was at Mr. Jones's, in Fashion-street; we knocked at the door, and asked if Mrs. Idswell was there? we were told no, she was not there; and we stopped there till half after eleven, and we went again to No. 13, Artillery-street, and rung the bell, the servant came down, and said Mrs. Idswell would be home in a minute or two, and we went up and stopped, and being taken very ill I went down into the privy, into the yard; I went down into the yard, and had not been there the space of two minutes before I heard the alarm of murdor, with that I got into the yard, and going nearer to the yard door, I heard the report of a gun, and I retreated back into the privy.
Prisoner Phillips. When the two Idswells were taken, the officers at Bow-street came to my house for me, I was not at home, when I came home my wife told me that the officers of Bow-street had been for me; I went to Mr. Solomons the next morning, and told him that the officers of Bow-street had been for me, and if he would go up and see what they wanted with me, and would promise not to keep me in custody, I would go and surrender myself; he came back, and I went before the justice; Mr. Estcourt was there, and they told me I was to call on Mr. Lee, in Shoreditch; they asked me if I knew any thing about the dies? says he, if you will go round the family, and endeavour to find out where they are, you shall have two hundred pounds for your trouble; Mr. Townsend went with me to Mrs. Idswell, and they sent me to Swallow-street, I went there to inquire if I could find any thing of the dies. I said, will you give me leave to go with Mrs. Idswell, and amongst the family? and I will see if I can find them; Mr. Estcourt is in court now, and he cannot deny that what I say is truth. This Friday night I went along with Mr. Solomons, as he has said, and I was but just there, and Mr. Solomons had gone down into the yard, when I heard a scuffle, and the blunderbuss go off.
Prisoner Henley. I had bought a watch of Mr. Idswell for three guineas and a half, and I gave the watch back to be regulated, and then after that I heard that there were many watches gone to Bow-street; I had been looking after him some time, and could not find him; this day, Good Friday, being a leisure day, I thought proper to go again after this watch, I went to Duke-street, and there were a parcel of people there who were jews, and I asked if they knew where Mr. Idswell
The prisoner Jones called eight witnesses who gave him a very good character.
The prisoner Hardwicke called four witnesses who gave him a very good character.
The prisoner Haydon called three witnesses who gave him a very good character.
The prisoner Delany called one witness who gave him a character.
Prisoner Jacobs. As I was not indicted for a robbery, I did not think it necessary to have any body here, but I never was tried by any court before, and so I did not think it needful to trouble any of my friends.
The prisoner Solomons called four witnesses who gave him a very good character.
The prisoner Phillips called seven witnesses who gave him a very good character, and said he was a glass cutter.
The prisoner Jacobs now called five witnesses who gave him a good character.
The prisoner Handland called his master who gave him a very good character.
Judgment respited ,
On a motion of Mr. Knowlys, that the indictment had not stated that an escape had actually been attempted.
Tried by the first Middlesex Jury before Mr. Justice BULLER.
A neighbour of mine, of the name of Wright, see the prisoner steal a piece of print from my door, I was not at home.
Q. A linen draper ? - Yes. It was found on him.
I see the prisoner at the bar about ten or twelve days ago, about eleven o'clock in the day; I was in my own shop, I see the prisoner steal a piece of cotton from Mr. Alger's door, he put it under his coat, and was making off with it; I immediately quitted my shop, went out and took him, and he dropped the piece of cotton at my feet; I ran after and took
I have got the property, I picked it up, seeing the prisoner drop it; I picked up the property while Mr. Wright was pursuing the prisoner. (Produced.)
Prosecutor. That is my property, it has my private mark, and my name also, my own writing.
Q. What is the value of it? - Forty shillings.
GUILTY . (Aged 13.)
Recommended to mercy by the jury, on account of his youth.
Imprisoned six months in the House of Correction and publickly whipped .
Tried by the London jury before Mr. Justice LAWRENCE.
I am a labourer belonging to the East India Company.
Q. What was the prisoner? - A labourer also.
Q. On this day was the prisoner at work? - He was; between twelve and one I went up to work along with him, nailing up the chests for sale; and I see the prisoner go along to a place where he had no business to go, in a bye alley, where the goods were laid down, and I followed him round, and goes into that alley, and when I was about three or four yards from him he turns about and see me, and then he went out of that room into another, and I staid in the warehouse till such time as he came out of this alley; going then into the alley I found something under my feet, and I stopped down and found some tea very much spilt, and I looked at some chests, and I see the toothenage was broke to get out the tea; I directly goes out of the alley to tell Mr. Hacket, and Mr. Hacket came, and he went to the prisoner, I stood by while he went to the prisoner, the prisoner was searched in Mr. Hacket's presence, not in mine.
Q. What became of the prisoner? - He went with Mr. Hacket, they went down together to the elder's counting house, I did not go at all.
I am a commodore. I found this man absent from his work, and I followed, and went down the warehouse, and in following of him I observed something in the lining of his coat, and I judged it was tea; after this I asked Stuart to go and take hold of him; and he said he had rather not, and I went and laid hold of him, and took him down to the elder's counting house; immediately there was a King's officer sent for, and he searched him in my presence, and he took the tea from the lining of his coat, in both skirts.
Q. Did the prisoner say any thing at that time? - Not a word.
Prisoner. I have lived twenty years in Whitechapel parish, and thirteen years a housekeeper, and through fire, and not being insured, and distress, and one thing another has reduced me; I have sent to my friends in Whitechapel, if they would be so kind to come here and give me a character for the time that they knew me. I hope my Almighty maker will forgive me all my offences in my life time, and I hope for mercy at the hands of this honourable court; it is the first offence that I have been ever guilty of.
GUILTY . (Aged 42.)
Imprisoned six months in the House of Correction , and fined 1s.
Tried by the London jury before Mr. Justice LAWRENCE.
On Tuesday, the 26th of May, in Leadenhall street , by Catharine Cree church, I had my pocket picked by the prisoner, about nine o'clock in the evening, I felt him at my pocket, and felt, and found my handkerchief was gone, I see him cross the way, and I went after him, and took the handkerchief out of his hand.
Q. When you felt somebody at your pocket, did you see the prisoner then? - I did not; I see him crossing the way from me, and I found I had lost my handkerchief, I went over and collared him with the handkerchief in his hands.
I am a constable; I was going along Houndsditch, and I heard a great noise, and I went over the way, and this young man gave me charge of the prisoner and this handkerchief, which he said he had picked his pocket of.
Prisoner. I had been over to my aunt's, at Lambeth, and at half after eight o'clock, coming down Leadenhall-street, coming down the pavement, I kicked this handkerchief before me, and I picked it up, and carried it open in my hand, and this gentleman came up, and said, it was his handkerchief that I had picked his pocket of, and then he said he did not believe it, and that gentleman, the constable, came up, and said, I will take care of you, and get a new coat out of you.
GUILTY . (Aged 40.)
Transported for seven years .
Tried by the London Jury before Mr. Justice LAWRENCE.
Q. Where did she sit down? - In the tap room; and the pot was standing on the table; while she was sitting I missed it, and as she went out I followed her, and about three doors off I tapped her over the shoulder, and told her I should be glad to speak to her, I thought she had got some of my property about her; and she went to take the pot out of her pocket, I laid hold of her hand and stopped her from taking it out of her pocket; I told her the constable should take it out. I sent for a constable, and he took it out of her pocket in my house, in my presence.(The pot produced.) This is the pot that was taken out of her pocket, it was marked directly afterwards; here is the mark on it now.
- HILL sworn.
Q. Is that the pot you took out of that woman's pocket? - Yes, it is; immediately I took it I made a mark on it; it has been in my custody ever since.
Prisoner. I was very much in liquor, and had half a quartern of gin, and I never see the pot till I see it at Guildhall.
Court to Prisoner. What is your husband? - A carpenter.
GUILTY . (Aged 52.)
Imprisoned three months in Newgate , and fined 1s .
Tried by the London Jury before Mr. Justice LAWRENCE.
308. WILLIAM PEARCE was indicted for feloniously stealing, on the 27th of june , six reams of writing paper, called fools cap, containing one hundred and twenty quires, value 2l. 10s. the goods, wares and merchandize of Benjamin Winkworth , being on a wharf adjoining to the river Thames, called Broken Wharf .
The paper was landed out of a barge into the warehouse on Broken Wharf.
Q. Does Broken Wharf adjoin the Thames? - Yes.
Q. The barge that brought the paper was on the Thames? - Yes.
Q. In what street is it in? - Thames-street.
Q. To whom did the paper belong? - Mr. Benjamin Winkworth; he is a wharfinger .
Q. He keeps Broken Wharf, does he? - Yes.
Q. What sort of paper was it? - Fools cap.
Q. What quantity? - Two bundles, six reams, three reams in each bundle.
Q. What do you know of the prisoner having taken them? - The watchman informed me of it; the paper had been landed a week, a hundred and twenty bundles.
Q. And two bundles, containing six reams were missing? - Yes, on Saturday morning; I am certain I see them there on Friday evening.
Q. Did you ever see them again? - Yes, at the constable's house.
Q. What was Pearce, the prisoner, was he in the employment of Mr. Wink worth? - No; he has been, some years back, he has not been for some years.
BENJAMIN BREADCUTT sworn.
I am a watchman of the ward of Queenhithe. The prisoner at the bar passed me between the hours of two and three, last Saturday morning.
Q. How far is that from Broker Wharf? - It may be ten or twelve yards
Q. Did you examine the bag? - Yes, we did.
Q. What did you find in it? - Six reams of paper. (Produced.)
Q. What did he say on the paper being found? - I don't knew what passed afterwards; I went out of the watch-house, I delivered my charge to the constable.
I am a patrol; I see the man coming up Broken Wharf with it (William Pearce) with this bag on his shoulder, and the watchman seeing me go after him, the watchman followed me, and we stopped him, both together; he begged and prayed me not to stop him, he had got a few coals in the bag; I told him I must see what it was; he flung the bag off his shoulder; the watchman held him fast while I opened the bag, and see what was in it, and I found this paper in it.
Q. Did any thing pass at the time that you examined the bag? - No, nothing at all.
Q. Are you a constable? - Yes.
Q. Was you there before the bag was opened? - No, it was open before I came, I see paper it.
Q. Was any thing said about the paper? - No. (Produced.)
Q. To Wheeler. Do you know whether that is the paper that is lost? - I am very certain of it; the paper landed from the lighter was a hundred and twenty bundles, a hundred and nineteen brown wrappers, and one white wrapper, and I missed one brown and the white. This is the brown and this is the white, and the plate is No. 13.
Prisoner. Did you ever see me on the wharf? - I see him on the wharf; I see his eyes fixed on this lot of paper.
Q. Have you any witness that you see me on the wharf? - Yes, I think I can bring a witness that see you talking with Mr. Leopard's man.
Court. Was it before it was lost? - I suppose about four or five o'clock in the afternoon, as nigh as I can guess.
Q. Was that the same night it was stole? - Yes. The warehouse is on the wharf, up a few steps.
Prisoner. I was going to throw in some coals into a west country barge that lay on the river, and I found this laying in the dock while I was going.
Of stealing, but not on the wharf.(Aged 35.)
Transported for seven years .
Tried by the London Jury before Mr. Justice LAWRENCE.
SAMUEL AUGUSTUS ODDY sworn.
I am clerk to Mr. John Lomas, of Queen-street , he is a cotton merchant ; I was standing at Mr. Lomas's warehouse door on Wednesday the 3d of June, when I see the prisoner drinking at the bench of the public house door; having some suspicion of the prisoner, I concealed myself in a lane in Queen-street, which was a few doors from the warehouse, when I had got to the corner of the lane, I perceived the prisoner to be at Mr. Lomas's door, I then see him put his hands in at the door, and take out a bag of cotton, he put it on his head, and went up the street; when he had got to the lane in which I was concealed, I stopped him with it on his head; I desired him to bring the cotton back, which he did, and left it in the warehouse, he then walked away, and I followed him a considerable way, till I got a constable, and charged him with him. The constable who first took him into custody, I don't know who it was; it was on the other side of Blackstairs Bridge.
Q. What was the value of this cotton? - About six or seven shillings.
Q. What did he say when you stopped him? - I do not recollect, he appeared very much confused.
Q. How came you to suspect him? - I was told that he had been seen carrying cotton from our warehouse.
Prisoner. Did you ever see me in your warehouse? - No, I never see you in it, but I see you stand at the door and put your hand in and take the cotton out.
JOHN WAINWRIGHT sworn.
I am the constable of Dowgate ward, I was sent for to take charge of the prisoner.(The cotton produced and deposed to.)
Prisoner. I worked at the water side, I have done so these twenty years, and I get a job where I can; here is a gentleman here, Mr. Miller, has known me these twenty-nine years about the water side; as I was coming down the street I was called to work by a man, a soldier, says he, will you earn sixpence? yes, says I; and he gives me a bag of cotton, or something, I suppose it may be cotton; and he says, if you will carry this to the White Horse, at the bottom of Wood-street, and leave it with the book-keeper, I will give you sixpence, and he gave me the sixpence first, and that gentleman stopped me with it, and said it was his, and he charged me with a constable.
The prisoner called two witnesses who gave him a good character.
Jury to Prosecutor. Where is the warehouse situated-In Queen-street.
Q. That is out of the parish of Queenhitne.
Court. That makes no difference, so as it is in the City of London.
GUILTY . (Aged 56.)
Six months in the House of Correction and fined 1s.
Tried by the London jury before Mr. Justice LAWRENCE.
Q. What is your husband's name? - Joseph.
Q. When were you robbed? - About seven months ago.
Q. Do you remember what month it was? - No, I don't know rightly what month it was.
Q. In what manner were you robbed? - A gown was taken out of my servant's room.
Q. Was it a cotton gown? - Yes.
Q. Was the prisoner a servant at the time? - No, she lodged in the house, the second floor.
Q. Did you know it to be your's? - Yes. The constable took it after I found it.
Q. Where do you live? - Earl-street, Blackstairs.
My husband is a hair-dresser. I bought the gown at No. 10, in Field-lane, of Mrs. Lee, she is here; I bought it three weeks before the prisoner was taken, between six and seven months after it was missing.
Q. Should you know it if you was to see it? - Yes.
I am servant to Mrs. Lee, she keeps a clothes shop, in Field-lane; the prisoner at the bar brought the gown about seven months ago, to sell to my mistress; No. 10, Field-lane.
Q. Had you ever seen the prisoner at the shop before? - Yes.
Q. You are sure as to her person? - I am positive.
Q. Was it a cotton gown? - Yes, my mistress bought it.
Q. What did she give for it? - Four shillings and sixpence, she gave sixpence more than she would have done, because the prisoner said it was to a person that was in distress.
LEMON CASEBY sworn.
Q. What do you produce? - A gown.
Q. Is it cotton? - I believe it is; I took it off this good woman's back,(Martha Clay) when I was sent for to take charge of the prisoner; I have had it ever since.
Marshall. This is the gown.
Q. The gown you bought of the prisoner? - Yes.
Q. To Clay. Is that the gown you bought of Mrs. Lee? - Yes.
Q. To Prosecutrix. Is it your's? - It is, here is my own work.
Q. You missed it before it was produced to you? - Yes, six months before I saw it again; the servant was ill, and the door of the room was left open, and I supposed that somebody went in and took it.
Prisoner. Did you charge any body with stealing this before me? - No, I never have.
Q. Did you suspect any body? - No.
Court to Prosecutrix. How long did the prisoner stay in your house after it was missing? - Three or four months.
Q. Did you ever tell her the gown was missing? - No, I never suspected her, I looked round the house, and spoke to the servant.
Q. Was she a married or single woman? - Married, her husband is a farrier; she has two children.
Prisoner. I lodged two years and better at the house, and I am sure I never wronged them of a penny; I have two
GUILTY . (Aged 29.)
Imprisoned three months in Newgate , and fined 1s .
Tried by the London Jury before Mr. RECORDER.
311. ANN JUDITH ROY . otherwise ANN JUDITH TAYLOR , was indicted for feloniously stealing, on the the 27th of May , a linen frock, value 1s. 6s. and stuff skirt, value 6d. the goods of Timothy Martin .
Q. Where do you keep house? - Blue Coat fields, No. 6, Shadwell. On Witsun Thursday the woman behind me, Rebecca Redman , and me went out together, and we came home together to Shadwell, and the first house in Shadwell we came to we went in and had a pint of beer; I believe it was about half an hour after eight in the evening, having the pint of beer, this here woman, the prisoner, sat in the box facing the door, going in, and she seemed to make very fond of my child, and was playing, with it; she took the child out, and what she did with the property I cannot say.
Q. Then she took the child out of the public house? - Yes.
Q. Was it a boy or a girl? - A girl. She took it out, she said, for to buy her a halfpenny worth of bulls eyes sweet super things; and my other child! earing of that, followed her out, and she gave my other child two of these bulls eyes, and told her to go home to her mammy, for that she was too old for her. I suppose about five minutes after I missed my child, and I was looking for it every where; there was a woman in the house told me she knew her, and that her name was Judith Taylor ; and says I, if you will go along with me and shew me where this woman lives I will give you sixpence. This was a woman that was in the house; I don't know her name.
Q. In consequence of this information and going after her, did you find her? - Yes, on the Sunday night following she came in my way, I met her between Execution Dock and Gun Dock, in Wapping, but the woman I could not swear to, but only by the appearance of her dress, I thought she was the same person, I stopped her, and she owned to the child directly.
Q. Was that the woman that you stopped? - Yes, that is the same woman that I stopped, and she owned to the child; I passed her for about twenty yards; Mrs. Redman was with me, and I said to Mrs. Redman, do you turn back and ask that woman whether her name is not Jodith Taylor? and she did, and when I came up to her she told me the child was at home; I brought her into Ratcliffe-highway, then she said she gave it to a woman in a brown camblet gown in the Blue Coat-fields; now, says I, tell me the truth, whether my child is at home or no; and she said she left it in Ratcliffe-highway; so she did, she left it at Mr. Dawson's cellar window, near Old Gravel-lane, and the child knew the maid of the public house, and asked her to carry her to her mother; and when I went home I found the child was taken home to my mother's.
Q. You had her detained I suppose? - Yes, I never let her depart all the time.
Q. Were the same things on the child when it was lost, as when it came home? - No.
Q. What was missing? - A green callimanco striped skirt, and a dark linen frock.
Q. Was it a stuff skirt? - Yes.
Q. You are perfectly sure that the child was in that dress when taken from the public house? - Yes, and I have got the same dress to shew; we have got them in court. As soon as ever we came before the justice, she owned directly that she pawned them at Deptford.
Q. Was that examination taken in writing? - Yes. I will swear to the property.
I went out with Mrs. Martin, and we went into a public house, Mr. Nuttall's, in Ratcliffe-highway, the Bull's Head, and had a pint of beer, and the child was running about.
Q. How far is that from Blue Coatfields, Shadwell? - Not a great way; I see the child in a woman's arms, and the child was missing.
Q. Were you with Mrs. Martin on Sunday, when the child was found? - Yes; and I laid hold of the prisoner, between Execution Dock and Gun Dock; I did not know the woman, but the mother said, from the appearance, that was the woman, and I followed her, and took hold of her, and asked her if her name was not Judith Taylor? then I looked at the man that was with her, and I knew him to be the man that was her husband; and I said to Mrs. Martin, this is the woman, for this is the man that is her husband; and Mrs. Martin directly runs up to the woman, and says, where is my child; she bid us let her go; we would not let her go; and when we got home, the child was a bed at Mrs. Martin's mother's house.
Q. Did Mrs. Martin charge an officer with the prisoner? - Yes.
Q. Was any thing missing from the child? - The frock and skirt were off the child, and a check apron round the child, made into a gown.
Q. Did she say any thing about the child? - She said she gave it to a woman in a camblet gown.
Q. You have seen the frock and skirt since? - Yes, it is here in court.
Q. Shall you know it to be the same that the child had on, when you see it? - Yes.
Prisoner. The prosecutrix asked me if I had half a guinea at that present time, and she would not say any thing about it, but if not she would do the utmost of her power against me.
Prosecutrix. I never spoke to her about it, it is false; this woman's sister came to my place, and went down on her knees, and asked whether I would make it up for half a guinea? and I did agree to it with the sister, but not with the prisoner, if they would shew me the things.
Q. Upon what condition did you offer to make this up? - I wanted to see the clothes.
I am a pawnbroker; I produce a green skirt; I got it of the prisoner at the bar on the 28th of May; it was pawned the night the child was stole, between nine and ten o'clock; I never see her before; I am sure of her person; I gave her a duplicate, it was pawned for eight-pence; the officer, Ross has got it; it was taken out of our house the 1st of June following, by a man and woman, not the prisoner; but the magistrate called on me to bring my
I am a pawnbroker; I produce a child's cotton frock; they have called it linen in the indictment, but it is cotton. It was pledged the 29th of May, by a woman, in the name of Roy.
Q. Do you know whether the prisoner was the woman? - To my recollection she was not.
Q. You gave a duplicate? - Yes; I delivered it to a person, I don't know who; it was taken out of pledge.
Q. Should you know it again if you were to see it? - I should not.
I am a headborough of St. Paul's, Shadwell; I took the prisoner on Sunday, the 30th of May, and I put her in the watch-house, and took her before the justice the next morning; I was sent by the magistrate to the prisoner's sister's house, for to get this skirt and frock; here it is.
Q. You got them from the prisoner's sister? - Yes.
Q. To Fordyce. Can you say that is the skirt the prisoner pawned with you? - Yes.
Q. Have you any doubt? - None in the world.
Q. You had but that one pawned with you that day? - None of that sort.
Q. How long has it been out of your custody? - From the 1st of June.
Q. How soon was it that you see it again? - I suppose about a fortnight ago.
The prisoner called three witnesses who gave her a good character, said that she was a married woman, and her husband in the coal line.
Q. To Prosecutrix. Is that the skirt the child had on? - Yes; I bought the stuff, and made it myself.
GUILTY . (Aged 26.)
Mr. Recorder. Your crime is so distinguishable from the other larcenies, that are brought before us, from the attocity of it, that I think it proper particularly to mark it, that all persons hearing you tried, may know the punishment attendant upon the conviction of a crime under such circumstances as your's has been; I cannot conceive an offence more painful to society, than that you have committed. I don't know whether you have been the mother of children, but I found by one of the evidences who has spoken to your character, that you have had the care of children; I am very sorry to find that any one of your sex should be found so very devoid of feeling, for the purpose of getting plunder, as to rob a poor infant; under these circumstances I think it right to punish you with as much severity as the law will permit; therefore I now pass this sentence on you, that you be transported for seven years, to pass beyond the seas, to such place as his Majesty, with the advice of his privy counsel shall be pleased to deliver and appoint .
Tried by the first Middlesex Jury before Mr. RECORDER.
Q. Did you know it was missing before it was brought back? - A little before I did; I cried out, my gown is gone, and I ran out, and my wife ran out.
Prisoner. You have known me two years, have you any thing to say against me before? - I have nothing to say against his character before, I never knew any bad thing of him before.
Q. What are you? - A taylor.
Q. Do you know Mr. Mason's change? - Yes.
Q. Did you see the prisoner take the gown? - Yes, between three and four o'clock last Thursday.
Q. Is it a silk gown? - Yes.
Q. Where was it laying? - On the stand; I stood at Mr. Levy's stall, dealing about a pair of breeches, and I asked at Mr. Solomon's, if they had sold a man a gown? and he said, no; and I said I see a man take a gown from the stall; says be, for God's sake run after him, and I ran after him, and he and his wife and I overtook him, and stopped him, he had the gown on him.
Q. Did you take the gown from him? - I did not till he came to the change.
Q. Have you kept the gown ever since? - Yes, I have(Produced.)
Prosecutor It is my gown, it is marked by the pawnbroker, G.F. and it is marked by me inside of the cuff, ten shillings and sixpence, what it cost me.
Q. Did you buy it of a pawnbroker? - Yes, of Mr. Barber, in the Borough.
Q. How came you at this change? - We are there every day, for the purpose of selling.
Q. Was this gown exposed for sale? - It laid on the stall to be sold.
Q. Were you present when he was brought back? - I did not see him brought back with the gown, but when I came back to the change he was there in the change with the gown, the gown was then in his bag, not taken out.
Prisoner. I went to Rag-fair to buy some things at this time, and a man asked me to buy this gown, and I looked at it, and he said, put it into your bag, and we will deal for it afterwards, and I put it into my bag.
Q. Who was the man that said put it into your bag? - A man that goes about the fair; and I asked Mr. Solomon to take me about the fair, and I would shew him the man.
Q. Do you mean to say that the other man sold it to you? - Yes, he did, I paid him for it, seven shillings and sixpence.
Q. To Joseph. Did he tell you that he had bought it of any body else? - He told me before the justice that a man asked him seven shillings and sixpence for it, and he was to go with him to the ale-house.
GUILTY . (Aged 23.)
Imprisoned six months in the House of Correction and fined 1s.
Tried by the second Middlesex Jury before Mr. RECORDER
WILLIAM CLIMPSON and JAMES BINSTEAD were indicted for feloniously stealing, on the 11th of June , a wooden pillar, value 7s. the goods of James Gibbons .(The case opened by Mr. Knapp.)
Q. Did you lose a pillar on the day laid in the indictment? - Yes; it was a portico support, that had been put up in the course of that day.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
I am a coachman to Lord Chancellor. I was in Charlotte-street, Bedford-square , I was on foot, going down the street, on Friday, the 5th of June, about twenty minutes, or twenty five minutes after six o'clock in the evening; I see the prisoner setting behind the carriage of Mr. Edward's, and taking hold of a coat.
Q. Where was the coat? - Hanging on the holders, behind the carriage.
Q. A man's cloth great coat, was it? - Yes. When he perceived that I noticed him behind the carriage, he got from behind the carriage, and went to some little distance from it; in about a minute and a half after, I was in the same street, when I see him get up again, he for there till I went about a quarter of a mile, and I came round to the corner, and he was behind the carriage still, and he had pulled the coat over his arm, and at last he pulled it quite over his arm, and he went off with it.
Q. Did you pursue him? - Yes, and I took hold of his collar, and took him.
Q. Had he the coat on him when you took him? - Yes, on his arm; Mr. Edwards's coachman was sitting on the box, and I called to him, and he came and took the coat, and took care of the man.
Q. In what street was it in? - I came back to Charlotte-street.
Q. You are coachman to Mr. Edwards? - Yes, Mr. Bryan Edwards; the Lord Chancellor's coachman called to me, and I jumped off my box, and took the coat, the coat was between them both, the coachman and the prisoner.
Q. It was on the prisoner at the time? - Yes, it was.
Q. Whose coat was it? - The footman's, he is ill in the country, and could not come up.
Q. Was it a livery coat? - Yes.
Q. You know it by the colour of it to be the footman's coat? - Yes, I marked it; it has been locked up in our master's house, in town, ever since.
Q. Did you know it was in the holders that day? - Yes, I see him bring it out, when he came out of the house.
Prisoner. I have nothing to say.
GUILTY. (Aged 35)
Judgment respited .
Tried by the second Middlesex Jury before Mr. RECORDER.
EDWARD EGINGTON was indicted for feloniously stealing, on the 22d of June , thirty-nine pounds weight of butter, value 1l. 10s. and a vicker basket, value 2s. the goods of William Jugg .
I am high constable belonging to Kings-land division; I live in the hamlet of Hammersmith; we were out on a search night, on the 22d of June, about one o'clock in the morning, and just at the end of Brook-green, we see a man coming along with a flat of butter on his shoulder, we stopped him, and asked him where he was going with it? he said, he was going to Kensington; and I asked him to whom there? he told me he did not know the man's name; and I asked him whereabouts in Kensington he was going to? he said he did not know whereabouts hardly; then I asked him where he got it from? he said he got it from the White Horse, Shepherd's-bush; I asked him whether Mr. Toms delivered it to him, or the hostler? he said no; I said, do they know you? he said that he did not know that they did, he said it was left there by the Banbury waggon; with that I locked him up in the cage, and I sent word to Mr. Toms, to know whether they knew any thing about a flat of butter? and they said there was a flat of butter missing from the stable; and I sent for them over to the magistrate, and they came, and as soon as Egington found that Mr. Toms and the hostler was come, he confessed that he took it out of Mr. Tom's stables, then we had him before the justice.
Q. Was any thing said to induce him to confess? - Not a word. Then we opened the flat of butter, and found this ticket in it, "three dozen, three pounds" and on further enquiry I found that the flat was consigned to Mr. Castle of Fulham; I sent over to him, and Mr. Castle came and proved the butter, and took it away with him, after being bound over.
- CASTLE sworn.
Q. Did you go up to Mr. Springthorpe's, in consequence of receiving intelligence of any butter being lost? - I did, on the 23d, I was sent for on the 22d, but I could not leave my business; I see this flat of butter before the magistrate; it was from John Roberts consigned to me, the basket is the property of Mr. Jugg, the carrier, his name is on it; I know Mr. Roberts's dairy, I have butter from him every week, I know it by the hand writing, and make of it, I know it perfectly.
Q. You had never seen this particular butter till you see it at the magistrate's? - No, I had not.
Q. Was Jugg the carrier that used to bring the butter to you from Mr. Roberts? - Yes.
Q. What is the value of this butter? - Thirty shillings.
I am hostler with Mr. Toms. On Saturday night was a week, I received fourteen flats of butter from Mr. Jugg's waggon.
Q. Where were they placed? - In the stable; one was missing in the morning.
Q. Did you ever see it afterwards? - No, not till they got it to Hammersmith, at the coffee house, where the gentlemen were.
Q. Is the basket here? - No, it is gone down again. I know I missed one.
Q. Can you swear it was the same? - No, I know there was one missing, that is all I can say.
GUILTY . (Aged about 50.)
Imprisoned one month and publickly whipped .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
I live in Carnaby-market , a butcher . Last Friday week I went to bed about eight o'clock, and the weather was hot, and I left two wether sheep hanging out, in the charge of the watchman, and one of them was missing when I got up, and I never found it since.
Coming from Newgate market, between the hours of nine and ten, on Saturday week in the morning; I stopped at Mr. Han's, in Broad St. Giles's, and I said, you, have got some nice mutton here; he had a leg, a shoulder, and two necks; and he said he bought it about a quarter of an hour before, of three men of Newport-market, and he said he did not know whether it was a ram sheep or a goat, and I said, it is my opinion it is the one that Mr. Hand lost last night.
Q. Where did you get this mutton? - Three men were carrying it about to sell; Mr. Lyon told me that he thought it was Mr. Hand's sheep, and we went up to Mr. Hand's, and we went and took the prisoner as one of the men that I bought it of, the other two are no taken.
Q. To Hand. You see the mutton that Hunt bought? - No, I did not go, I was very busy, it being Saturday; I never see it at all.
I am watchman in the market; about a quarter after nine last Friday week, I came into the market, and found it all in darkness; I see two of Mr. Hand's sheep hanging, and I put up the gates of the market for sefety, and went away till about ten o'clock, when I returned I found one of Mr. Hand's sheep were gone; I cannot tell who took it. The next morning I went down to Mr. Hunt's shop, to look at some mutton, and I have every reason to believe it was the same sheep, by the colour of it, and being so remarkably sat. I cannot swear it was, because the back of the sheep was all cut off, and a deal of the sat.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
317. MARY ANN FIELDING was indicted for feloniously stealing. on the 13th of June , a pair of men's leather shoes, value 2s. and a pair of boy's leather shoes, value 2s. the goods of William Collins .
Q. Are you a shoemaker ? - Yes; I only know the property.
Mrs. COLLINS sworn.
On the 13th of last month, the prisoner at the bar, and another woman, came into the shop to buy a pair of shoes,
Q. Were they both taken by you and your brother? - No, only the prisoner; before she was taken the threw the shoes into Mr. Friend's shop, the corner of Smock-alley.
Q. Did you see that? - I did not; she was taken and brought to the watch-house.
Q. You pursued this woman? - Yes; I found I could not do any thing, and I cried stop thief! and she was very soon stopped, getting through the posts, and she threw the shoes into Mr. Friend's shop.
Q. Did you see her? - I did not, Mr. Friend did.
- FRIEND sworn.
I was standing behind my counter on Saturday, the 13th of last month, about half after eight o'clock; I see the prisoner at the bar throw something into the shop, and almost at the same instant I see some people pursuing her, and took her, saying this is the woman; I then went round the counter to see what it was, and I see it was two pair of shoes. (Produced.) I delivered them to Mr. Miller.
Mr. Knapp. I take it for granted you had never seen this woman before? - Above a hundred times.
Q. You said you see her throw something in, what it was you did not know? What shop do you keep? - I am a watch-maker.
Q. To Miller. Are those the shoes that Mr. Friend gave you? - Yes.
Collins. I know them to be mine.
Mr. Knapp. Do you keep a large shoe warehouse? - No.
Q. How long had you before taken an account of your stock? - The day before I had taken an account of these shoes.
Q. Did you know that these were in the shop at the time? - Yes, I knew they were the day before.
Q. Does any body else serve in the shop besides you? - Yes, my wife does sometimes. These are my own manufactory, but not my own make.
Q. Supposing you had seen them in another shop, should you have known them? - I know the man's make, and I make such a few, that I take more notice than a man that makes a great many. I know them by my cutting.
Q. That man is employed by other masters as well as you? - Yes, but I know the cut of the shoe, and the shape.
Q. Might not such a cut, and such a shape, be in any other shoemaker's shop? - I believe if they were among five hundred pair I could pick them out.
Q. Have you ever seen shoes of that description before? - Yes, that was the way that I learned.
Prisoner. I was coming through
Mr. Knapp to Prosecutor. I believe that you have offered to settle this business, if it could be settled? - No.
Q. Not for any sum of money? - No, upon my oath.
The prisoner called Elizabeth Brown to her character.
I have known the prisoner two or three years, she lodged at my mother's. I went to the prosecutor, and asked him what he had lost? he said he had lost some shoes; says he, if you are in the mind to pay me for the shoes and my time for going against the prisoner, I will not appear; I asked him what sum? he said he would take twenty guineas; I then went to the prisoner at the bar; and told her of it, and she said she had not twenty shillings.
Court. When was this? - Saturday night, after she was taken.
Q. Who was with you? - The mother of the prisoner at the bar, and we turned the woman out while he went to settle along with me.
Q. Then there was nobody by except you and he? - No.
Q. What are you? - I am a confectioner, in Woolpack-alley, Houndsditch. I am a jew.
Q. Was it in his shop? - Yes.
Q. To Prosecutor. Have you heard what this man has said? - Yes. She was taken on Saturday evening, and he came to me on Saturday evening, and he came to me on Sunday morning, so he came and made a pitiful deplorable story of the case, and said he would give me two guineas if I would reconcile the matter, and not prosecute her; I told him she was in the course of the law, and I could not do any thing with regularity and justice. On Monday he came again, and offered me the same again, and I said I would not do it if he would give me twenty guineas; when the mother came I told her she must go through the law, and the worst that would come of it was transporation.
Q. Is it true that you offered to stop the prosecution, if they would give you twenty guineas? - I did not.
GUILTY . (Aged 19.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
Q. Had you any money of his property at any time? - Yes, three guineas; I had it in May, I cannot recollect the time, quite the latter end; I had it to deliver in town for him, to one Mrs. Risdall, and Mr. Jackson desired me not to leave it without a receipt; I went and Mrs. Risdall was not at home, and I called in at a house to take some refreshment, in Cock alley ; the time, as nigh as I can recollect that I had my money taken from me, was between nine and ten o'clock.
Q. How long had you been in the house before that? - Two or three hours. I don't know the reason why they wished to take it from me, I was drinking a glass
Q. Had you been sitting any time with these women? - I had been sitting about half an hour.
Q. Did you carry them into the house? - No, I went in first to rest myself, in the mean time they came in, and asked me to send for some liquor; I gave them a shilling to get some, and told them I was going into the country directly.
Q. Did you ask them to sit down with you? - No, they sat down by me, and while I was drinking a glass of liquor, the one took it out of my pocket, and handed it to the other.
Q. How came you to let them sit by you? - I had seen them and spoke to them before.
Q. Had you any conversation with either of them? - No, neither that night nor before.
Q. Did you know their names, and what they were? - I knew one of their names, Alice Wynn , I did not know the other; I supposed them to be common women of the town. I desired them to give me my money again; they said they had not got it, not seen any thing of it; immediately Deborah Goodwin, who had received the money, left the room, and returned again in a little time, and then they both went out together, and while they were both in the alley together, I heard Deborah Goodwin say to Alice Wynn , he swears by G-d, if I don't give him the money again he will swear we have it. They came up again, and I asked them again for to give me my money? and they said they would not; immediately I left them in the room, and went to a brother, to find out an officer, to give charge of them; when I went to his house he was a bed, I desired him to get up, and come with me; he did so, we went to the Lion Man of War, and they were both there, and I immediately gave charge of them, they were taken to the night-house, and searched, but nothing was found on them.
Q. And you never had your money? - Never.
I asked Passey the favour to bring three guineas to town for me, to deliver to a person that I had promised to let have it that week.
JACOB BROCKALL sworn.
I am a watchman, I went with the man to the Lion Man of War, to take up these girls, they were searched, and two shillings and four sixpences found on them, that was all, as I was informed.
Prisoner Goodwin. It was about eleven o'clock on Sunday this gentleman came to enquire for Alice Wynn , at the public house; the servant of the public house came and said, Alice Wynn, you are wanted, and she said to me, Deb. go down and see who it is that wants me, and I goes down to the sign of the Lion Man of War, and there was that gentleman, Mr. Passey, and another; I knew Mr. Passey, and I spoke to Mr. Passey, and he said he had been at Bow-fair all night; I did not know the man that was with him, they had some rum and water drinking, they asked me to drink? I told them I did not drink mixed liquors (no more I never do) the young man that was with him asked me if I would have any thing else? I chose nothing but porter; with that I went to call Alice Wynn, to tell her who it was that wanted her; they would not let me go, therefore I sent a little child over; they had two sixpenny worths before Alice Wynn came in, and when she came in they had threeAlice Wynn ? I told him over at the Lion Man of War; I went in after that, and see Alice Wynn sitting with a sailor, and Mr. Passey, and the gentleman with him, drinking of ale; the first pot I see to my knowledge, and they had five more pots afterwards, drinking together; Mr. Passey fell asleep in the box, and the gentleman that was with him said, Jack, don't sleep here, have you got no friend's house that you can go to sleep at? Mr. Passey made use of a very wicked word, and said, Alice, will you let me have your key? she let him have it; I went with him to unlock the door; I asked him for two-pence; Mr. Passey said he had no halfpence, but when he awaked he would give me something; with that at eight o'clock I said to Alice Wynn , is the young man got up? she said no; I went over with her to wake him, when I went up Mr. Passey was walking in the room, we asked him how long he had been awake? he said just now; he gave me a shilling, I went out for half a pint of hollands and bitters, I brought it in, I gave Alice Wynn the first glass, and Mr. Passey the second, and put the bottle and glass on the table, and drank none myself; Mr. Passey put his hand in his right hand waistcoat pocket, to give me the two pence, and he said he missed then a parcel out of his pocket; with that I said, let me look about the bed, and I found sixpence between the sheet and blanket, he took it, but he did not say what property he lost, till his brother came up, and his brother swore before the justice that it was nine guineas.
Prisoner Wynn. The young woman that this man came to enquire of me for, was in the hospital; she used to live along with me; I came down and told him where she was, and I drank some rum and water with him, and he told me he had been in Bow-fair all night; they went away at one o'clock, and came back again at two, and I was in this sailor's company, that I was to have gone on board a ship with. I gave him the key to go and sleep in my room; when he went to sleep, the young man that was with him drank the ale out, and went away. He is an old acquaintance, he has slept often with the young woman that lived with me, though he never did with me.
Q. To Passey. Did you go into the bed room of these women any time of that day? - Yes, I went into the bed room to lay down, and take a little sleep, because I had a great way to go that night. After I got up I felt I had the parcel.
Q. Had you any body in the bed, or any body with you? - Nobody at all till after they came in, and then they came and sat down by me, just before they picked my pocket.
The prisoner Goodwin called one witness, and the prisoner Wynn two witnesses to their characters.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
THOMAS SIBLEY sworn.
Q. How do you know it was in your servant's room? - Because she said so. There was a blanket missing also, but that was in another room, I see that myself, and missed it.
Q. Have you ever seen them again? - Certainly I have, at the broker's, where they were carried to; I cannot say that I see the prisoner take them.
I know the spoon was in my room, and I missed it the 18th of June.
Q. You are servant to the last witness? - Yes.
Q. When did you see it last in your room? - About a week or ten days before I missed it. The blanket I missed the Saturday following, in the same week; the blanket was there on Friday; the prisoner was quartered in the house at the time; we suspected him.
I am a pawnbroker's servant, to Mr. Arther, King-street, Tower-hill; a soldier, of the name of Bridges brought the spoon to us, he asked me if I could lend two shillings on it?
Q. He pawned it, did he? - He did, the officer has got it.
Information was lodged at Shadwell, of a robbery, at Mr. Sibley's house, and I went down and took the prisoner to the office, and he had a hearing, and I said to him, you had better tell where the things are, and perhaps it might clear you; and he told me that he had offered the spoon to pledge at a pawnbroker's near Towerhill, and the blanket he had sold to a man in Rag-fair; I went along with Mr. Sibley to different pawnbrokers, and accordingly I came to King-street, near Rosemary-lane, and I asked the question there, and they shewed me the spoon, and the young woman knew it by a scratch mark that was on it. (Produced.) I searched him to find duplicates, but I found nothing but this screw driver, which I was informed he opened the box with.
Q. To Hawes. Do you know the person of Bridges? - Yes, it was not the prisoner.
Q. To Smith. Was Bridges quartered in your house? - No, I have seen him with the prisoner.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
I live at No. 1, Bateman's-row, Shoreditch , a pawnbroker and silversmith . I lost this handkerchief from my door; I was told that a person had taken it; it was the 22d of last month; and I ran out of doors, and I found it on the prisoner at the bar, about thirty feet from the door; I immediately took it from her, it was in her bosom.
Q. Do you know whether that is your handkerchief? - Yes, it was hanging at my door half an hour before, I see it myself; there is no mark on it, no more than it is the same kind of pattern, and the same kind of silk, rather a reddish silk, it was hanging at the door, on a line.
The prisoner called one witness, who gave her a good character, said she was a winder of packthread, and her husband was gone to sea, and she had got three children.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
This man, Redman, is employed to take care of the property on board of the Cormandel, by Mr. Perry.
- RADMAN sworn.
I am employed to take care of the property of Mr. Perry, on board the shop, as a ship keeper; I have been these thirty years under his service; this was the 4th of June, about three o'clock, this Benjamin Darling came on board the ship, and went between decks, near the fore hatch ways, there he see this pile of rope, and dragged it from the fore hatch way, about eighteen feet to the fort, there I watched after him, and he looked after me, and chucked it out of the fort on the land, on the side of the wharf, then immediately I went and took hold of him, and asked him what he did with it, as he did not belong to the ship, and had no right there? he abused me very much.
Q. What is he? - He came in the capicity of a rigger's labourer , not belonging to Mr. Perry, there were riggers on board, rigging of the ship.
Q. Did he give you no reason for taking it? - None at all, only abused me very much.
Q. To Larkin. Are you employed by Messrs. Perry? - Yes, John Perry , senior, John Perry , junior, and Philip Perry . The Cormandel lays in the wet dock under their charge, they are answerable for every thing on board of her.
Q. Where is it, at Blackwall ? - Yes. Prisoner. I was on board the ship, lending the men a hand to turn the stopper, in a ring on the deck, what we made fast the cable to; and the man came up and said that I chucked the rope out of the ship, which I never see the rope at all.
Q. To Redman. What was the quantity of this rope? - Twenty-nine fathoms.
The prisoner called one witness to his character.
GUILTY. (Aged. 35.)
Judgment respited .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
Q. What have you to say against the prisoner? - She robbed me, picked my pocket, the 17th of May, in George-street, Spitalfields ; I was in a room along with her in the house of a man named George Rose ; she was at the door first, and I went in along with her up stairs into the room, it was about three o'clock in the morning when I first see her; I slept in the room with her till seven o'clock; I went into the public house and had some beer, and went into the room about eleven o'clock again with her, and she picked my pocket five minutes after I had been in the room; we had not been on the bed three minutes before somebody knocked at the door, she jumped up immediately, and I perceived my money was gone; four guineas and two half guineas, I cannot say exactly to the silver.
Q. Was any body else in the room with you? - No.
Q. When was it that you found the money in your pocket? - After I returned to the public house.
Q. Had you felt it after you got into the room with her? - Yes.
Q. What was it in? - In a leather purse.
Q. Did you examine the room? - I looked outside of the bed, I did not examine the house further than that; I went out of the house immediately to see her, but I could not see any thing of her. I was not dead drunk, I was about half and half, I was sensible.
On the 18th of May, (ten days afterwards) the prosecutor came to me at the Flying Horse, and I went with him and apprehended the prisoner, and I found two sixpences on her.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
324. MARY WHITEHAIR MARGARET PROSSER and MARY PETERS were indicted for feloniously stealing, on the 14th of June , a silver watch, value 1l. 10s. a silver seal, value 2s. a metal seal, value 1d. a steel watch chain, value 10d; and one guinea , the goods and monies of Samuel Hollawell .
On the 14th of June I fell in with Whitchair, and went home with her; she took half a guinea out of my pocket, and then this Margaret Prosser , as I judge, she took the watch and guinea out of my pocket.
Q. You went home with Whitchair? - Yes, into Salter's-rents, Shoreditch.
Q. Was any body there besides her? - No, not then.
Q. How long did you stay there? - About half an hour, I lost the half guinea then.
Q. That you gave her perhaps? - No, I did not, she took it out of my pocket, and I asked her what she meant to do with
Q. Why did not you stop her immediately? - I was laying down in the bed, rather drowzy in liquor, and she ran off, then I was going homewards, and I met with Margaret Prosser in Bishopsgate-street, we went and drank together, and then went to her room.
Q. Where was her room? - Adjoining to the other room.
Q. That was the first time you had seen her? - Yes, the first time I had seen either of them. We had something to drink, and I laid down on the bed, and I slept, and when I awaked I missed the watch and the guinea; she was gone into another room, I found her, and challenged her with the watch, and she denied it; and Mary Peters was in the room when I went, and when I looked she was in the room, I asked her if she knew any thing at all about it? she said she did not; I told her if she did not tell me I would find other means to make her; and I went and got an officer and took her up; I found out where it was pledged.
I am a pawnbroker. Mary Whitchair, the prisoner, brought the watch to pledge with me on the 15th of June, I believe between ten and eleven o'clock, or there abouts, and knowing her, I took it in, and lent her twenty shillings on it, in the course of about a couple of hours the prosecutor's daughter called and asked if I had taken in a watch, and I shewed her the watch. (Produced.)
Prosecutor. It is the same watch, I have looked at it before.
I know nothing further than apprehending the prisoners.
Prisoner Whitehair. Sarah Rayner gave me the watch to pawn, and I went and pawned it for her. I never see any half guinea.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
WILLIAM GRIFFITHS sworn.
I am a carpenter , I lost my money the 20th of June, a guinea and two sixpences; I met the girl the corner of Shepherd-street , she came up to me, and laid hold of me, and said, will you go along with me? I said, what for? says she, come along, and I went up with her a few steps, and she began talking with me, and while she was talking with me I felt her hand about my pocket, and presently she began da-ing, and ran off, and I ran after her, and asked her for the money that she had picked out of my pocket; she said she had nothing, and I laid hold of her, and she returned two sixpences back, and a farthing; (one of the sixpences I can swear to) and said that was all she had picked out of my pocket; there is a particular mark in one sixpence, here is a piece out of it, very remarkable.
Prisoner. My sister's child was very ill, and I sat up with it, and staid till day-light, and coming down Oxford-road I met with these two young men; there were more young women along with me, and that young man catched
I was present. Going by Shepherd-street I see the woman catch hold of the prosecutor, and he went down Shepherd's-street, a little way, and presently I see her come from him, and he hallooed out, and said, that woman has picked my pocket, and he ran after her, and took hold of her, and she gave him two sixpences, and said that was all she had; I had remarked the notch in one of them.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
326. JOHN YOUNG was indicted for feloniously stealing, on the 4th of June , a metal watch, value 2l. a gold chain, value 2l. two gold seals, value 2l. a watch key, value 2s. the goods of John Richard Frizell .
On the 14th of June I went to see the King and nobility at St. Jame's, on the King's birth day, and on my return home I found my watch missing. The inside was silver gilt, and the outside was metal, gold chain and seals.
I can only identify the property being Mr. Frizell's.
I am a tobacconist and bookseller by trade, and a constable of St. John's, Westminster. I was sent for on the 5th of June, in the evening, to take a disorderly man into custody, and when I came to the house, they told me that the man had got a gold chain about him; I told him if he had such a thing about him, he must shew it to me.
Q. Who was the man? - The prisoner at the bar. He told me he had no such thing; I told him that I should insist on searching of him, if he did not product it, so then he took it out of his pocket, and threw it down on the tap room tables, I asked him how he came by it? he told me that he stole it from a thief, asking me at the same time, if it was mine? I told him if he stole it I should make him
Prosecutor. This is the chain, I lost on the 4th of June.
Prisoner. It was the King's birth day, I was quartered at St. James's; at night I went and had some sapper; afterwards as I was coming home through the Park I saw two gentleman, that gentleman and another, walking arm and arm together, and as I came nigher to them I heard some conversation, and I heard one gentleman ask the other gentleman to have concern with him; one gentleman put his umberella down against the seat, and that gentleman put down his breeches, and they fell to work with each other, and I was about six yards from them; I jumped up to them, and they ran off, and I ran after them, thinking to charge the centry with him, and with their running away with their breeches down, they dropped the watch, and I picked it up; that is the truth, and nothing but the truth.
Prosecutor. I am totally unguarded for the accusation of such a crime, but I think I can prove an alibi, where I was at the time. Good heavens is it possible!
Court to Prisoner. When was it you say this happened? - In the Bird Cagewalk, on the 4th of June, at half past eleven at night; right opposite the recruit house, by the corner of Queen's-square.
Q. They dropped the watch, and you took up the chain? - I took up the watch and chain both together; I don't know that they belong to these gentlemen, I thought there was no person had a greater right to them than myself.
Q. What sort of a night was it? - It rained very hard.
Q. You went before the justice, did you tell him this story? - No, I told him that I bought it of a jew. Likewise this gentleman came down to me to Tothillfields, and told me to make the best story I could, and he would never appear against me. I desired to speak to the gentleman by himself; and he said, he would not for a hundred guineas have it known.
Q. Who was with the gentleman? - The serjeant, Evans, and the constable (I don't know his name) of Queen-square office. I have no witness, the serjeant and the company that I belonged to, went abroad yesterday.
Q. To Prosecutor. Where were you on the 4th of June, at eleven o'clock at night? - I dined out, and I returned home early in the evening. I live with Mr. Bursland, Blackfriars.
Q. Did you return home from the King's Bench to Mr. Bursland immediately? - I did, it was so dark and rainy a night that I could hardly find my way home.
- BURSLAND sworn.
I live in Blackfriars-road, between the Bridge and Oblisk.
Q. Did Mr. Frizell lodge with you? - He did at that time.
Q. Do you remember the time of his coming home that night? - I think it to
Q. Were you that day with him? - No, I was not.
Q. To Bly. Did you go to Bridewell with this prisoner at the time he was committed? - I did, I took him down there, it was in the evening when I first apprehended him.
Q. Was the prosecutor, Mr. Frizell, in the gaol at any time with you? - No, he was not, I heard that he had been there.
Q. To Prosecutor. Did you go to this man in gaol? - I had been at Bow street office to give information of the loss of my watch; and on Saturday following I heard of somebody that had been taken up on suspicion of having stolen a watch; that was late in the evening; on Sunday I went with an intention to see if it was mine, and the office was shut, and I met a serjeant, and I asked him if he could tell me whether the report was true, of a soldier being taken up for stealing a watch? I never see the serjeant before; the serjeant said, yes, he recollected perfectly well that there was a man taken up with a gold chain, and that he was at Tothillfields, and that he would go with me if I chose. I went with the serjeant to Tothill-fields, to hear if I could hear of my watch, because at this time I had never seen chain not any thing else; and when we went there the soldier was called up by the name of Young.
Q. What was his name? - I don't know. And I immediately said, what a disagreeable situation you have brought yourself into by this act; I said, I suppose you are the man that has got the stolen watch; and he denied it, and said he had got no watch, but he had a chain which he honestly bought of a jew; I told him to be perfectly guarded in what he was saying; he said he was perfectly so, and he could bring evidence to prove that he bought it of a jew.
Q. How many persons were by at the time? - There was one man that was with the serjeant, and the constable, and the person who opened the door. When he told me that, I said, be prepared against your trial, for I said it was not my intention to hurt him, for I would not take a man's life away for fifty times the value; on which as I was going away he called me aside privately, he said, as I seemed to be a gentleman not inclined to hurt him, he had not got the watch, but he could put me in a method of getting of it, if I would call the day following, and if I did not appear to swear to the chain, that he of course would be dismissed, and he would restore the chain and watch and all; I told him I would promise by no means such a thing as that, and asked him where the watch was? he told me he could not tell, but if I would call the day following, he would tell me more particular of it.
Bly. I don't think that I have done my duty, except I tell your lordship that when I heard that Mr. Frizell had been enquiring after his chain, I went after him, and told him that I thought it was necessary that he should go and speak to the magistrate, and he rather turned his back to me at the time; whether he did it from tenderness to the prisoner or not, I cannot say.
Q. When did you go to Mr. Frizell with the chain? - I believe it was the Tuesday or the Wednesday following, after the King's birth day.
Bly. Then I went and told the justice that I had seen the gentleman.
Q. How came you to know any thing of this gentleman? - One of the constables of Queen's-square told me that there was a gentleman outside of the door that had been to enquire after a gold chain. That was on Tuesday, at the office; I followed him, and asked him if he had lost a gold chain? and Mr. Frizell seemed to be rather angry with me, and turned on one side; I asked him if it was his? I cannot exactly say what he said then, but I think he asked who I was, or what I was? or something to that effect; I shewed him the chain, and he seemed to be very indifferent about it, and walked away, rather displeased than otherwise.
Q. Did he say any thing? - He did, but I cannot exactly recollect what expressions he made use of.
Q. Were you there when Mr. Frizell was examined before the magistrate? - I was; I don't know whether he meant to be examined, but he wished to have his chain, because he did not like to swear to it, and the justice said, if he would not make his affidavit, whether it was or was not his chain, he must be under the disagreeable necessity of committing him for contempt of the court.
Q. What was the difficulty about swearing to the chain? - He said he had such a chain, but he did not choose to say that was his. When I told Mr. Pye, the justice, that he did not choose to come in, he sent Mr. Shepherd out to him; he came in with Shepherd, Shepherd brought him in.
Q. To Frizell. When did you first miss your watch? - Not till after I got home from dinner.
Q. You say you had been to see the company pay their court to the King? What part of the town had you be? - I was at St. James's-gate part of the time, and the other part of the time in St. James's Park, and retired to dinner about five o'clock.
Q. You had not been there in the evening, to see them go to the ball? - No, I was not.
Q. You are clerk to the magistrates in Queen's square? - Yes, I am.
Q. Do you remember the charge being made for stealing the prosecutor's watch? - Not the watch, I do the chain.
Q. Do you remember the prosecutor coming to make the charge? - He came with very much reluctance; he was waiting while the prisoner was being examined about the chain, at the corner of Queen's-square, in the Broadway, Westminster. One of the magistrates desired me to go to him, and speak to him in a genteel manner, and desire him to wait on the magistrate; I did so, and the gentleman returned with me back to the office.
Q. Did he make any difficulty in going back with you? - He said, what was he to go back for? I said the magistrate desired to speak to him.
Q. On that he came back? - He did. When he came before the magistrate he hesitated very much in swearing to the chain.
GUILTY . (Aged 24.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
JOHN MARTIN was indicted for feloniously and burglariously breaking and entering the dwelling house of Francis Fordham , about the hour of one in the night, of the 15th of June , and burglariously stealing therein, nine hundred and sixty copper halfpence, value 2l. the goods of the said Francis Fordham.
Q. Where did you live on the 15th of June last? - At the sign of the Flying Horse, Lambeth-street, Goodman's-fields, Whitechapel ; I am the housekeeper . About half after nine o'clock I went out, on Monday, the 15th of June, and came home about a quarter after eleven, and shut up the house; on Tuesday morning I found a cupboard broke open, in the back parlour.
Q. What time of the morning was this? - Between nine and ten o'clock, and I missed a quantity of halfpence out of the cupboard, I believe there was between four and five pounds worth; I went to my wife, and asked her if she knew what became of the halfpence, and to know who had been to her in the bar in the night, while I was out; she said that Martin had been there. On Wednesday I went and searched after this man. No person had got into the house, I suspect he was concealed in the house at the time we went to bed.
Q. Who was the first person that got up in the morning? - That I cannot say, we have different people that lodges in the house. I went up after this man on Wednesday morning, and I was told that he had gone that night to the London Infirmary; I went down to the London Infirmary, and told him I had lost a quantity of halfpence, and I suspected he had got them; I took an officer along with me, and he said he knew nothing at all of them; I desired the officer to search him, and he found some loose halfpence in his pocket; then he opened a cupboard which he had by the side of him, and there the officer found a paper of halfpence; I asked him what he had done with the other halfpence that he took away from me? he said he never took any halfpence; and then I went to his wife; I went afterwards to the sign of the London Hospital, and there I found seven papers of halfpence, and then I went to the man where his lodgings was, and he had paid one paper of halfpence there.
Q. What are those things you have got there? - These are what the cupboard was broke open with.
Q. How do you know these papers are your's? - I have a brother here that papered them up.
I am a constable; I have seven whole papers, and one that was untied at the hospital; the seven papers were found at the London Hospital public house.
Q. What was found in the Infirmary itself? - One paper, which I took out of the cupboard, with four shillings worth in it. I asked him where he had these halfpence from? and he told me at first that he had saved them against he came into the hospital with his bad leg; after that he told me that he had them given him by a sugar baker, in Well-street. I did not take him into custody at that time, because the surgeon was not there.
Mrs. AUSTIN sworn.
I keep the London Hospital public house. The prisoner at the bar said he
THOMAS FORDHAM sworn.
Them are the papers that I tried up on the 16th of June; I am very clear of it; I know them by the wrapping of them up. I left them in the bar along with my brother.
Q. How many did you tie up on the 15th of June? - I cannot say; a good many more than are here.
Q. How much does each paper contain? - Five shillings, what I tied up.
Q. Who put them in the cupboard? Prosecutor. I put them in the cupboard myself, between three and four pounds worth; and there were some more in there before that.
Q. What is the prisoner? - A journeyman sugar baker.
Q. Had he been in your house that day? - Yes, he was there when I went out about half after nine o'clock.
He owed me fifteen shillings and nine-pence, and he paid me, the 15th of June, five shillings in halfpence, part out of his pocket and part out of a paper.
Prisoner. I am not guilty. I was there on Monday morning, about ten o'clock, and I went away about eight o'clock in the afternoon. On Tuesday I went to the Hospital; and when I left the room, on Monday, there were forty or fifty people in the room.
Q. How came you by these halfpence? - I pawned my watch, great coat and shirt, and every thing else, to keep me while I was in the Hospital.
Of stealing to the value of 39s. but not of the burglary . (Aged 31.)
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
Q. Have you a house of your own? - I rent one.
Q. Did you lose any property out of that house, and when? - Yes, on the 24th of June, a bank note; it was in my coat pocket; I left it in my pocket book. The lad lived with me as a servant; I left the coat off over night, and put on a morning gown that I have, and went up stairs, and in brushing the coat he took the note out of my pocket.
Q. Are you sure it was in your coat? - I am very sure it was.
Q. How soon did you discover the note was gone? - I did not discover it till the next morning. I discharged him in the morning, he did not suit my service at all; and I went to get some change out of my pocket book, and I missed the note, and I went to the magistrate and got a warrant, and I had a suspicion that he was gone to the White Horse coffee house; I went there, and I see him sitting with some wine before him, and I went in and
Mr. Alley. You say that you went to the White Horse cellar, Piccadilly, and there this man confessed? - No, I did not, he confessed afterwards.
Q. What promise did you make him to induce him to confess? - None.
Q. The prisoner at the bar had bought shoes of me several times, and knowing his person, I gave him cash for the note; I asked him whose it was? he said, it was his master's; I asked him to indorse the note in his master's name; he indorsed the note in a fictitious name, No. 25, Edward-street; Helen. I think it is spelt.
Q. Was that the note that you received of him? - Yes.
GUILTY. (Aged 16.)
Judgment respited .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
329. HANNAH SULLIVAN was indicted for that she, on the 3d of June , six pieces of false and counterfeit milled money, to the likeness of a shilling, unlawfully and feloniously did put off to one Dorothy, the wife of Richard Elden , at a lower rate and value then they were purported to be counterfeited for, not being cut in pieces, namely, for three shillings in monies numbered ; and
The indictment opened by Mr. Cullen, case by Mr. Fielding.
Q. You are the wife of Richard Elden, the constable of Guildhall? - Yes.
Q. Do you remember going, on the 3d of June last, to a house in Cock-court, Snow-hill? - Yes.
Q. Who did you see there? - Mrs. Sullivan was there, and her husband at breakfast.
Q. Did you see the other there? - Not the first time that I went. I went and asked her for as much of her money that she sold as she could afford for three shillings, (I only having three shillings) she said, if I took it in halfpence and small sixpences, I should have seven shillings and sixpence for my three shillings; I refused them and went back again, and told my husband; I told her I did not know that they would do, but I would go back and ask, and I came away; nothing more passed at that time. I went back and told my husband and the other two officers. As soon as I told my husband he sent me back again, for the halfpence, if I could not get silver. Then Mrs. Sullivan was in the house and Conway; I told Mrs. Sullivan that the halfpence would do, and I was come for them; and then I gave her three shillings of good money into her hand, and she put her boanet on and went out.
Q. Sullivan you say went out? - Yes, and was gone the best part of half an hour.
Q. Did any thing pass while Sullivan was out? - Yes; there came another young woman into the house.
Q. What did Sullivan say when she was going out? - She said she was going to get the money. While she was out a young woman came in, Conway asked the young woman whether she would take a walk with her that afternoon? and she asked her where she was going? and she told her she was going over Blackfriars Bridge, into the Borough, and so over London Bridge, home the other way, for the people of the Borough were very easy to be done, and it was some time ago since she was there, that she thought they might welcome her again, for she made a very good afternoon's work when she was there before; and the young woman promised to go with her.
Q. Did she say what she meant by that expression? - Passing of bad money.
Q. How came it to be explained? - Conway was telling the other young woman that she had but two shillings in her pocket the last night, and one she changed for some eggs, and the other for some thread, and the remainder she had got a good supper with.
Q. What did Sullivan say when she came back? - She said she had not got the money, but she had paid for it, and it would be ready in an hour's time; I told her I had not breakfasted, and in that time I would go home and get my breakfast, and come back again. I went and told my husband that it would not be ready for an hour.
Q. When you returned again what happened then? - Both the prisoners were there then. The money was not come then. Mrs. Sullivan says to Conway, would she go and see if it was ready, and she went, and was gone the best part of a quarter of an hour; Conway went out for it, and came back again, and told Mrs. Sullivan that the gentleman was not at home; then Mrs. Sullivan said, she thought it was not finished. Then Conway sat a little space of time, and then said to me, will you take some large shillings? and I told her I did not know what she meant by large shillings; then she told me she would shew me; and she pulled a piece of paper out of her pocket, where she had got seven shillings wrapped up, and she gave Mrs. Sullivan six of them, and Mrs. Sullivan gave them to me.
Q. What did you give for these six? - Three shillings. Sullivan told me that she sold the great shillings at sixpence a piece. I went and carried the money to the officers, and they made me go down and shew them the woman that gave me the money. My husband and the other officers were waiting for me in Smithfield.
Q. What did you do with the money? - I marked it first with a fork, before I delivered it out of my hand, and gave it to my husband in a paper.
Mr. Knapp. Now, Mrs. Elden, who were you employed by to give all this evidence? - My husband had information and he sent me.
Q. Were you ever on any of these errands before? - Never in my life.
Q. Quite a fresh hand? - Yes.
Q. Your husband sent you, you say; was that by the direction of any body else? - Only by the solicitor.
Q. So he was determined you should find it out. You went for shillings at first, and then they offered halfpence, and then you came back to him for advice. The money would not have been put off at all, unless you had gone there? - They would hardly have brought it to me.
Q. So this is the first time that you have been here as a witness? - Yes, it is the very first time.
Q. Are you sure that when you asked Mrs. Sullivan the first time, you asked her for money? - I asked her for as much of her money as she could afford for three shillings.
Q. What do you think of the word whites? - I did not use that word.
Q. Were you present when they were searched? - Yes, I was.
Q. There was nothing found on Sullivan? - She slung a sixpence out of her left hand pocket, and Conway threw away a shilling, wrapped up in a piece of paper.
Q. You say Conway was the person that took the seven shillings out of her pocket, and she was the person who gave it to Mrs. Sullivan? - Yes.
Q. Then Mrs. Sullivan did not give you the money out of her own pocket, but she gave you what she received from Conway? - Yes; Conway brought it in and gave it to Mrs. Sullivan.
Q. So it was Conway's payment to you, and not Mrs. Sullivan's? - I did not say any thing to Conway about it. Mrs. Conway says to Mrs. Sullivan, after I told her shillings would do, she says, Mrs. Sullivan, I will lend you six shillings, but I must have them again in the course of the afternoon, because I am going out.
Q. So she gave them you by the desire of Mrs. Conway? - Yes; she lent them to Mrs. Sullivan, for I had paid Mrs. Sullivan for the money.
Q. You are the constable of Guildhall? - Yes, I am.
Q. In consequence of some information you sent your wife to Cock-court? - I did.
Q. Did you stop in the neighbourhood waiting for her? - I did; she came to me twice.
Q. Did she put any money into your hands? - Not the first time; the second time she did, she brought me the money, six shillings.(Produced.)
Q. Have you kept them from that time to this? - I have.
Mrs. Elden. This is the money that I had of Sullivan.
Q. To Elden. In consequence of this did you go to the house? - I did; and Newman and Kitchen went with me.
Q. Did you find them both in the same house? - Yes.
Q. Whose house was it? - Mrs. Sullivan's house, in Cock-court, Snow-hill, a private house. Mrs. Sullivan sat by the fire side, and Mrs. Conway by the window; going in I was surprized to see her, because I knew her; I had her here last session; she threw down a shilling before I could take hold of her, and I see Mrs. Sullivan throw a sixpence into the ashes, which I picked up; then we searched them, and found nothing about them, and went and searched about the house, and found nothing more.
Q. You did not find any good money on them? - No, nothing.
Mr. Knapp. So this was a scheme of you and your wife, to lay hold of these
Q. Unless you or your wife had gone there, this would not have happened? - We try to get all we can by these sort of people. I expect two more to-morrow.
Q. I hope you will be disappointed? - I hope not.
Q. How did you get into this house? - The door was open.
Q. You are clerk to Mr. Vernon? - I am.
Q. Look at this money produced? - They are clearly conterfeit.
Mr. Knapp. You are clerk to the solicitor of the Mint, who carries on this prosecution? - Yes.
Q. Have you ever been a witness in this sort of prosecution before? - No.
Q. You are brought up to the law? - Yes.
Fielding. Have you any doubt of them being clearly counterfiet? - No, I have not.
I have been in the silver business for two and twenty years; these are bad shillings, and this is a bad sixpence; there is no doubt of it.
- NEWMAN sworn.
I was present at the taking of these people; I was going to search Conway and found that she kept her hands down, and I see something thrown from her with her right hand under a table; the room was very dark, we could not exactly find it at that present time, till we moved the table and the chair, when we found this shilling (produced) wrapped up in a bit of paper, that I have had in my custody ever since.
Wilson. This is a bad shilling.
Prisoner Sullivan. I leave it to my counsel.
Prisoner Conway. I will tell you who gave me the money, if you will be so kind as to give ear to it. This gentlewoman sent me to market for her husband's dinner, and as I was at market I met one Peggy Flannagin in the street; I went and had a glass with her, with that afterwards I went into another house and had another glass; with that she asked me to take that money home, and she would either send for them or call for them, that she was going to a place that she did not like to take them along with her. I did not know it then, but this Fanny Flannagin owed this woman a spite, and gave me this money on purpose to do this woman an injury; and as soon as I came in with this bad money, this Peggy Flannagin sent this woman in after it. Please your honour I am telling you the truth.
The prisoner Sullivan called four witnesses to her character.
Imprisoned one year , and fined 1s .
Fined one shilling .
Tried by the London Jury before Mr. RECORDER.
The case opened by Mr. Vaughan.
Q. I believe you are servant to Mr. Sudlowe? - Yes.
Q. Did you live with him the 22d of last month? - Yes, I did, I was in the
Q. What is the one pair of stairs? - The dining room. She said she went to enquire after one Mr. Williams, an attorney.
Q. Is there any such person as Mr. Williams, at No. 4, or in any other part of the Monument-yard? - No, such person. She came back with me, and I left her in the care of Mrs. Moore, and went up stairs to the dining room.
Q. From the time she was in the stair case to the time you took her, did you ever lose sight of her? - No.
Q. Why did you go up to the dining room? - To see if any thing was missing, because I knew there was plate there. I missed three silver table spoons and two salt spoons.
Q. How lately before had you seen them in that room? - A quarter of an hour before.
Q. You are quite sure of that? - I am.
Q. In what condition did you find the salt cellars themselves, and the other furniture of the table? - I found that two of the salt cellars were emptied of their salt, and the salt laying at the dining room door, chucked out.
Q. Having made these observations, what became of you? - I went down stairs immediately, and on going down I heard some spoons rattle, the noise of the silver spoons falling.
Q. How near might you be to the prisoner at the time that these spoons fell? - I met her coming up the kitchen stairs; Mrs. Moore was sitting in the passage.
Q. In consequence of hearing this a search was made? - Yes.
Q. Were you present when they were found? - Yes; they were found at the bottle rack, three table spoons and two salt spoons, at the foot of the stairs.
Q. Was that near the situation where the prisoner had placed herself? - Yes, it was; she went down stairs while I went up stairs.
Q. I understand you to say, that as you went down the dining room stairs, you met her coming up the kitchen stairs? - Yes.
Q. I believe it is the same in Mr. Sudlowe's house as it is in many other person's of business, that on any person's knocking they are let in by the clerk in the office, by a string that fastens to the lock; so then if they have business in the office they go into the office, if they have business in the house, they go into the house? - Yes, it is.
Q. Is the office on the right hand or left hand side of the passage? - On the right hand side.
Q. Can any person in the office see who comes into the passage? - They cannot.
Q. May or may not a person, going into Mr. Sudlowe's, get admittance into the dining room without seeing any person in the house? - They may.
Mr. Knowlys. How many persons are there in the house besides yourself? - Only one, the Cooke and myself; we were both washing in the laundry.
Q. Mr. Sudlowe's street door is kept shut? - It is.
Q. Had you ever seen this woman in the house before? - Never, nor any where else.
Q. You have no reason to suppose that she had ever been there before? - No.
Q. You say it is necessary to knock at the door, and one of the clerks opens it? - Yes.
Q. I believe she told you that she had been enquiring for a Mr. Williams at the house? - She made no enquiry.
Q. The Cooke is not here? - She knew nothing of it; she was up in the laundress, and heard nothing of it, till it was all over.
Q. You say you did not observe any person till there was a ring at the door, the induced you to look down, and there you see Mrs. Moore, the laundress? - Yes.
Q. You held no conversation at all with the prisoner in the house? - None.
Q. You followed her, and she came back with you immediately? - Yes.
Q. She told you she had been enquiring for a Mr. Williams, an attorney? - She did.
Q. There are a great many Mr. Williams about town, you know, It had been a quarter of an hour before since you had seen these things, and therefore who had been there you cannot tell?
Mr. Vaughan. Whose name is on the door? - Mr. Sudlowe's.
Q. What time was this in the day? - About one o'clock.
Q. I would ask you how long this whole transaction might have taken up? - About half an hour.
Court. How was the plate? - On the side board.
Q. Was there any plate remaining besides what was stole - Yes.
Q. I believe you were at the house of Mr. Sudlowe's, on the 22d of June? - I was.
Q. About what time of the day was it? - About one o'clock. I take in clear starching; I see the prisoner at the box there; I see her come down stairs out of the dining room. When I came first to the house, I went to the kitchen stairs and called out for Etty, the maid; the street door was open; I called out Etty; nobody answered; the servant not answering the call, I went to the street door and rang the house bell.
Q. You did not go up stairs? - No, I did not.
Q. Now, how soon after you had rang the bell, did you observe the prisoner at the bar? - Momentarily; as soon as it was possible to come down stairs.
Q. Did you ring the bell for the purpose of seeing the servant, as she did not answer to your call? - I did.
Q. As soon as you rung, you almost see the prisoner at the bar. From whence did she proceed? - Apparently from the dining room; I could not see the door.
Q. Did she come down the stairs leading from the dining room? - She did.
Q. Had she any conversation with you as she passed? - None.
Q. How soon after she passed down the stairs, did you see the last witness? - Before the prisoner at the bar had got down the last stairs Etty was in sight, and she asked me whether I see the person going down with the child in her arms? I told her yes; and she ran after the prisoner, without giving me an answer.
Q. Did she bring her back? - Yes; she desired me to take care of her, while she went up stairs to see what was gone off the side board.
Q. Am I to understand you, that she did go up stairs, and left the woman in your charge? - She did.
Q. Had you heard the maid desire her to go down? - No; so far from it, she desired me to take care of her, that she did not go down. When she got down stairs, I heard the falling down heavy of some silver spoons.
Q. How soon was this after shie got down to the bottom of the stairs? - Momentarily, in a minute.
Q. Be so good to tell us whether in consequence of the noise you heard, any search was made? - Not till the constable came.
Mr. Knowlys. The precise part of the house she came out, you don't know? - I do not; I only see her come down stairs.
Q. She went into the kitchen? - No, she did not; she slung them down at the bottom of the stairs. It was all done in five minutes.
Q. You know we can do a great many jobs in five minutes; a lady may do a job by running down into the kitchen, that she would not exercise in the open street. You was not present at the search? - I was not.
Mr. Vaughan. I think you said there was nobody down stairs but the prisoner? - No, there was nobody there.
Court. You could not see the bottom of the stairs? - No, but I called and nobody answered.
Q. I believe you are a constable? - I am.
Q. Were you sent for to Mr. Sudlowe's, on the 22d of June last? - Yes, between two and three o'clock. They gave me charge of the woman at the bar; I asked what charge I was to take? and they said they thought she had robbed them; I said, have you searched her? they said, no; and the maid said, you have no occasion to search, for I heard her drop the place.
Q. Did you go below? - I did, with a candle.
Q. Did you exercise your eye sight on the place? Was it dark or light? - Dark; and just facing the bottoms, rather beyond it, under a bottle rack, I picked up these spoons; (produced) I have had them in my possession ever since.
Mr.Knowlys. You did not search her at all? - I did not.
Q. She had a child with her at that time? - She had.
Court. How were they put under the bottle rack? - At the bottom of the rack there is a vacancy, and they appeared put under it for the purpose.
Mazey. They are Mr. Sudlowe's.
Q. Are you sure these were the spoons that you missed? - Yes.
Prisoner. I have it to my counsel. I went to a house in the Church yard, which I thought was Mr. William's, I knocked at the parlour door; nobody answered. Mrs. Moore came in, and the servant came down stairs, and came after me, and she asked we what I wanted? I told her I had been to ask for one Mr. Williams; she said come back with me. I went with her; she went up stairs, I stopped while she went, and stopped with Mrs. Moore; she says I went down the kitchen stairs;
The prisoner called one witness to her character, who said she was a married woman, her husband sold fish, and kept a potatoe warehouse.
Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
331. JOHN JONES and MARTHA CHAMBERLAIN were indicted for feloniously and burglariously stealing, breaking and entering the dwelling house of John Cox , about the hour of ten in the night, on the 23d of May , and burglariously stealing therein, a man's cloth coat, value 6s. a pair of mens velveret breeches, value 7s. a man's cloth waistcoat, value 1s. a man's hat, value 10s. a woman's cotton gown, value 10s. a black silk bonnet, value 6s. and a stuff quilted petticoat, value 7s. the goods of the said John Cox .
Q. Were you a housekeeper? - No, a lodger.
Q. Whose house did you lodge in? - Mr. Bennett's; he lives on the opposite side of the way.
Q. Who lived in the house? - All lodgers.
Q. Are none of Bennett's servants in the house? - None at all.
Q. Did you lodge by yourself there? - My wife and myself.
Q. No strangers lodge in the room? - No strangers at all.
Q. What was it you lost? - A coat, waistcoat, breeches and hat.
Q. Where were they placed? - In my chest; it was not locked. My wife and me went out together.
Q. Who had you left in the room when you went out? - Nobody at all.
Q. Did the lock appear to be forced or not? - No, the hinges appeared rather damaged; so that the door drags on the ground, but nothing to signify much.
Q. Did you miss your things immediately? - Immediately, when I came into the room.
Q. How was the chest when you came in? - The cover of the chest was down.
Q. You missed nothing but these things? - Nothing to signify else of any consequence. I found them at different pawnbrokers. The coat and waistcoat was in Bow-street, at Mr. Paine's.
Q. When did you find them there? - Monday, the 25th of May. I found the breeches at Mr. Dubree's, in Holborn, either the Monday or Tuesday following. I cannot say which. Chamberlain was stopped at the pawnbroker's.
Q. Do Jones or Chamberlain live in the same house? - No, neither of them.
On the 23d of May, my husband and
Q. Were they in the chest? - Yes.
Q. When had you seen them there? - About nine o'clock; because I had two or three things to put in before I went out.
Q. Did you ever see them afterwards? - Yes. I was advised to go to the pawnbrokers on Monday morning, and the first pawnbroker I went to was Mr. Lee, in St. Giles's, and there I found my gown; on Tuesday there were two women detained at Mr. Harrison's, with a petticoat and bonnet.
Q. What was the gown? - A cotton gown.
Q. What was the petticoat? - A stuff quilted petticoat.
Q. The bonnet? - A silk bonnet.
I have a pair of breeches that I took in of the prisoner Jones (I am a pawnbroker, in Holborn) on the 27th of May, for seven shillings; I never see him before to my knowledge, but I am sure he is the person that pledged them.
Q. To Cox. Are these the breeches that you left in the chest when you went out? - They are, and they are my breeches, and these are the breeches that I missed when I came home.
Q. What is your business? - A pawnbroker. On the 23d of May, the women at the bar pledged a coat and waistcoat at our house, with me; I am apprentice to Mrs. Paine, Bow-street, Bloomsbury, about half an hour after nine in the morning. It was on Monday, the 25th, I beg your lordship's pardon.
Q. Had you ever seen her before? - Yes, but not lately.
Q. To Dobree. What day was it Jones brought the breeches to pawn? - The 23d of May, about ten o'clock at night.
Q. To Cox. Look at that coat and waistcoat. - They are my property, left in the chest, and took away by the time that I came back; one waistcoat produced is not mine.
I am a pawnbroker; I live at Mr. Harrison's, No. 5, Tottenham-court road; I have got a petticoat and a bonnet that I stopped.
Prosecutrix. This is my petticoat and bonnet that I left in the chest when I went out.
Q. And missed when you returened? - Yes.
That young man that stands at the bar now, I met him in the street, and he gave me the bonnet and petticoat, and asked me to pawn it for the young woman that lodges in the house, the other prisoner; he used to come backwards and forwards to her.
Q. When was it? - Tuesday, the 26th of May.
Q. In what street did he meet you? - In Bambridge-street, St. Giles's. He said that his wife was in trouble, and he would be glad if I would go and pawn them, and get as much as I could on them; I carried them to the corner of Hanover-yard, I don't know the name, and he went away while I was in, and went to a public house.
Q. Where is Hanover-yard? - Tottenham court-road.
Elizabeth Lilly ; she and I were going along the street when we met him.
Q. Then you were both together? - Yes.
Q. Where is it you lodge? - No. 3, Bambridge-street.
I know no otherwise than that Jones gave us the things to pawn, as we were going down the street.
Q. What were the things he gave you to pawn? - A petticoat and bonnet.
Q. Do you know them if you see them again? - Yes. These are them, both of them.
I am a constable. On Tuesday, the 26th of May, the prisoner Chamberlain was brought down to Bow-street; on searching of her, I found the duplicates on her of the gown and breeches; with that she said it was a young man that had gave her the duplicate; and by the description Mr. Cox thought it was one of the persons that lived in the house. We went to the house, and that was not the person; in the mean time Mr. Harrison's man came and said he had stopped two women, and I went to the two women, and Spencer said she had the things of one Jones, and I went and took Jones into custody; but before that I went to Bambridge-street and there found this crow in the room; then I went with it to Cox's room, and this instrument fits one part of the impression against the door; there had been two instruments used, and this fits one impression. Spencer took me to Jones's lodgings, thinking to find him, for she said his wife was in trouble, and when we came to Bow-street there she was in custody.
Q. To Spencer. Were these the lodgings of Jones to which you carried Mr. Treadway? - It was the lodgings of Martha Chamberlain ; but I see him come backwards and forwards many times to the room; I had seen him there the night before.
THOMAS MUMFORD sworn.
I went with Treadway to Dyot-street, to apprehend the prisoner. I know no more.
Prisoner Jones. On Saturday night, the 23d Day of the Month, I happened to go up to this young woman's room, and I sat down for the space of five or six minutes, and she was then doing something to that petticoat, which she said she had given her that night, and the bonnet, by one of her young men; and he had left there a pair of breeches for her to pawn, and she asked me if I would be so kind as to go and pawn them for her? which I went and pawned them, it was between ten and eleven o'clock. The pawnbroker asked me where I lived? and I could not rightly recollect the street where she lived, and I said, Tottenham-court-road. I went to her and gave her the money and ticket, and slept with her that night. Sunday morning this young man came and knocked at the door, and we both got up and put our clothes on, and when he came in he said, I think, ma'am, you do it; what he meant by it I don't know;
Q. To Cox. Was it light or dark when you went out? - We had a candle in the room before we went out.
Q. Was it light enough to distinguish a person's face? - It was not.
Transported for seven years .
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
332. JAMES COOKE was indicted for feloniously making an assault in a certain dwelling house near the King's highway, on Miles Andrew Smith, on the 27th of April , and putting him in fear and feloniously stealing from his person and against his will, a cloth coat, value 4s. a kerseymere waistcoat, value 2s. a pair of thickset breeches, value 1s. a man's hat, value 5s. and one guinea ; the goods and monies of the said Miles Andrew Smith .
I live in Lucas-court, King-street, Golden-square.
Q. Were you robbed at any time? - Yes, on the 27th of April, at the Star and Garter public house,Westminster , near the house of Lord's; It was three o'clock in the day. I went into a public house at Chelsea the day before; this was on Monday, I went in to have a pint of beer, and have some bread and cheese; and when I was coming out of the house there were a parcel of soldiers there at the door, that said I had the King's money in my pocket; I said I had not, they said I had, and I took my handkerchief out of my pocket, and threw a shilling out of it, on the ground; with that they took me backwards into a back place and kept me there till the dusk of the evening, in a room on the ground floor; in the dusk of the evening three of them brought me across Tothill-fields, to the Star and Garter, Westminster; when I came to the Star and Garter, they enquired for serjeant Cooke.
Q. Who enquired for serjeant Cooke? - The men who took me. When serjeant Cooke came down stairs, he took me into a room on the left hand side, by the passage going in, and asked me if I would be a soldier? I told him that I would not, that I was an apprentice and desired my liberty; he told me if I would not be a soldier, he would be d-d if I should go
Q. Did nothing more pass there? - Yes, there was an old gentleman that was at the desk went on to read something to me, what it was I cannot tell you, I was so terrified. Then I was took back again by this Cooke, and him that came with me to the Star and Garter.
Q. A soldier? - Yes. They took me up into the room in the one pair of stairs, and I staid there a little while, and he ordered me to come out and pull off my clothes, and put on some soldiers clothes; I put on the soldiers clothes, and laid my own down at my feet, as I pulled them off, and as I was stooping down to pick up my own clothes, he knocked me backward, and before I could get up again my clothes were gone, and the seven guineas that was in my pocket, that he had given me, and a guinea of my own.
Q. Who carried your clothes away? - I don't know; the prisoner knocked me down, and before I got up again the clothes were gone. It was not in the room, it was on the landing place of the one pair of stairs.
Q. How long were you before you got up again? - Not long.
Q. Where did you conceive they conveyed your clothes to? - There was a great chest stood there, where they kept the clothes, and they might have throwed them behind that, but I never see them afterward.
Q. Then you was knocked down on the landing place? - Yes.
Q. At that time you say several soldiers were standing round? - Yes.
Q. What else past? - He took me up stairs into the back garret back again, and locked me up, where I was locked up the night before, and kept me there till between four and five o'clock, on Tuesday morning between four and five o'clock, him and two more, with drawn swords marched up with me and six others to the Golden Cross, Charing Cross, there we were put on the Portsmouth coach, and sent to llsey Barracks, the next day I ran away from llsey Barracks, and was stopped on the road, about a mile on the other side of Bagshot, and from there I was sent across the country twelve miles, as a deserter, to Guildford gaol, and was brought up from there by Habeas Corpus, and discharged before judge Lawrence.
Q. How long was you in this house at Chelsea, or with the other soldiers? - From between one and two o'clock till the dusk of the evening; they would not let me come out of the house, they took me backwards, into a place of confinement.
Q. Did not you call? - I did not, there were soldiers standing with me all the time. I see nobody there belonging to the house but a woman, who when she see me going backward, she got up and walked away.
Q. How came you not to tell him your case? - I was afraid and terrified.
Q. When you got before the justice, how came you not to tell him your case? - I was afraid and terrified, I did not know where I was.
Q. When you were before the magistrate, or before the old gentleman, could you not have told them how long you had been confined? - I was so terrified by his threats, that I did not know what to do; I see none but this old gentleman and another, sitting at a desk; I was so terrified by his threats.
Q. Then again when you was carried to the Golden Cross, Charing Cross, you was carried through the streets, there were people enough there? - I see none, except a watchman or two; there were soldiers went down in the coach to guard me, and soldiers round me, I was on the middle of the roof.
Q. Where were you brought from when you was brought before Mr. justice Lawrence? - I was brought from Guildford by Habeas Corpus.
Q. Who came with you? - A witness that is here.
Q. Had you seen either the prisoner or any soldier after the time you was committed to Guildford gaol? - No, none of them.
Mr. Knowlys. Be so good as to tell me what time it was on Monday that you was knocked down and robbed? - Between three and four o' clock in the afternoon.
Q. Then I think you say, immediately after you was taken up into a back room, and locked up there till you was carried to the Golden Cross, Charing Cross? - Yes, I was.
Q. Now I will ask you a question or two more; you came from Chelsea with these soldiers, did not you? - Yes.
Q. You see watchmen in your way then? - I see no watchmen then.
Q. About what time did you take it to be? - I took it to be about eight or nine o'clock.
Q. Did not you see any watchmen as you came to this Star and Garter? - I did not.
Q. Which way did you come from Chelsea? - A cross Tothill-fields.
Q. Through what streets? - I don't know the name of the streets.
Q. You know where the Star and Garter is? - It is either in Palace-yard or Abington-street.
Q. Which way did you come into the Star and Garter? - I came in at the end of Abington-street.
Q. You see a great many people in that way? - I did not see a great many.
Q. Did any mob get about you, seeing you guarded by three or four soldiers? - No, they did not.
Q. Did you seem unwilling to go? - I did, sometimes.
Q. Though you were struggling with the soldiers? - No.
Q. And so they got safe into the Star and Garter? - Yes.
Q. That was on Saturday? when? - About dusk.
Q. How were you disposed of there? - I was carried into a room on the left hand side of the passage, and they asked for serjeant Cooke, and serjeant Cooke came down stairs.
Q. When he spoke to you, where did you remain on Saturday evening? - I remained a little time in that room, and then I was taken up stairs, and locked up in the back garret.
Q. Did you go through the tap room? - No, I did not.
Q. You never see the tap room at all? - I did not.
Q. When did you see the landlord? - I see him on Sunday, he came into the room for something.
Q. Did you ever write your name? - No.
Q. You never wrote your name in your life, as William Harris? - Yes, I did, when I was committed to Guildford gaol, or Bagshot.
Q. Be so good as to look at that, and say whether that is your hand writing or no (an attestation shewn him) - I will swear that that is not my hand writing.
Q. Look at it again, there are two William Harris's, there is one at the top and one in the middle of the paper, are neither of them your hand writing? - No.
Q. Do you recollect taking an oath in your life time? - Yes, I have.
Q. Did not you take an oath at the police office, Westminster? - No, not that I know of.
Q. Did you kiss the book? - Not that I know of, I don't know I did, to the best of my knowledge I did not.
Q. Do you recollect any oath being read over to you? - No, I do not recollect what it was that was read over to me, I was in such terror.
Q. There was something read over to you, you say? who read them over to you? Is Shepherd there? Look at him. - Yes, that is the man.
Q. You recollect him? - I think that is the man.
Q. You never see him since you was at the police, and yet you had senses enough about you to think that is the man? - Yes, I think it is.
Q. And yet you say you did not sign your name there? - I did not sign my name there.
Q. All the questions that I heard asked was, what is your name? - The serjeant said, William Harris; have you got your bounty? the serjeant said, here it is, and he put seven guineas into my hand.
Q. Do you recollect signing a receipt for the bounty? - No.
Q. Now I tell you there is such a thing as a receipt signed William Harris , there fore you will recollect yourself. You was locked up I understand from Saturday, till the time you went to the police office? - I was not locked up all the time, I was let down some part of Sunday, into a room in the one pair of stairs.
Q. You did not stop any where to see any body? - No.
Q. (Mr. Dalby, stand up) Tell me whether you did not see that gentleman, whether you were not examined by him, as to the propriety of being fit for a soldier, before you went to the police office? - No.
Q. And you never see that gentleman? - I see him at Marlborough-street.
Court. When was you in Marlborough-street? - After I was brought up from Guildford; after the prisoner was taken up.
Mr. Knowlys. Do you know a watchman of the name of Thomas Bradley? - No.
Q. Then I ask you this question, whether between this time after you came from the police office, some time on Monday night, you did not escape from the room up stairs, with your own clothes on, and brought back by Bradley to this house? - No.
Q. Then after you had been at the police office, you swear you did not get out of this house, and brought back by Bradley, a watchman? - No, I did not get out.
Q. You say that when the prisoner knocked you down, he took away the seven guineas from you, and one guinea of your own? Did you mention that at Marlborough-street office? - Yes, I did.
Q. Do you know a captain Bartholemew? - No.
Court. How came you to sign the name of William Harris at Guildford? - Because it was the name that I was carried down to Ilsey Barrack by, as a soldier, and as such I signed that name, as I was going to be sent across the country as a deserter.
I live at No. 5, Lucas-court, King-street, Golden-square.
Q. You know Smith? - Yes.
Q. How long have you known him? - Within ten or twelve years.
Q. What is he? - A shoemaker.
Q. Is he here? - No, not as I know of, his wife was very ill, and he said he could not very well attend.
Q. Do you know how he came to be absent from his master? - I know no more than he called in and told my wife that he was going down to Windsor. When there was a warrant obtained, I went down to the Star and Garter; I apprepended serjeant Cooke at the Star and Garter, serjeant Cooke said, all that this lad has said is lies, and if you please to let me be brought up to-morrow for reexamination, I have sufficient witnesses that will come forward, and prove him a liar; Mr. Conant made a reply, I wish to give you all the fair play that lies in my power, by to-morrow one o'clock get all your witnesses; to-morrow one o'clock came, and he was brought forward; this Bradley, the watchman, who came into court just this moment, he was brought forward to prove that he apprehended Smith, and brought him
Q. Was the man that Bradley fixed upon, Smith, or somebody else? - Somebody else, three inches taller, and five inches bigger. Then the prisoner was committed.
Mr. Gurney You say you have got this man's indentures in your pocket? - They are in my hand now, and here is the warrant that I apprehended serjeant Cooke by.
Q. Have you got that part of the indenture to which Smith's name is signed? - His name is signed to that; his master let me have it; it was sent by a person to me, from the master that is the same indenture that I took to Mr. Justice Lawrences's chamber, in Serjeant's inn.
Q. Were had you them from? - From the master.
Q. Pray were you the adviser of this man, about this prosecution? - No, indeed I did not.
Q. You describe yourself as a journeyman constable, perhaps you have heard something about rewards? - I have heard a great deal about rewards, in news papers.
Q. Have you ever heard any reward for persons convicted of robbery? - Yes, I have.
Q. Could you guess what the reward is? - I have heard that it is forty pounds.
Q. Don't you know, and believe, that there is a reward of forty pounds in case this man is convicted? - I don't know indeed; upon my oath I don't expect any reward.
Q. Don't you know there will be a reward of forty pounds if the prisoner is convicted? - I never understood so, nor I do not understand so.
Q. What do you mean by reading of rewards in news papers? - For a high way robbery I have; this I don't understand as highway robbery, but stealing the boy's clothes.
Q. You attend at Marlborough-street sometimes? - No, I do not, I only do business for the parish, sometimes apprehending men for bastard children, and carrying summonses.
Court. Did you receive this indenture from the master at any time? - I see the master give it to the lad's mother, that is here, and she gave it to me. The first that I see of the indenture was on the 12th of May, after the master had been at Marlborough street to get a warrant to bring him up from Guildford; in Silver-street, Golden-square, at Mr. Scott's house; I went there at the desire of his mother; I had been there once before. or twice.
I am a lieutenant in the seventeenth regiment of foot, and I have permission to act in the Louth Volunteers, in the absence of Colonel Lost.
Q. Do you know the person by the name of William Harris , that you have seen here? - During the absence of Colonel Lost, there is not a man enlisted but what comes before me to be approved of as a soldier, to serve his Majesty in that regiment; this man I will swear to; I believe when I see him it was on the 26th of April, I think it was on Sunday or Mon day morning.
Q. Did you make a memorandum of it at the time? - Not at the time, till he was sworn in. Every morning after my breakfast I go down to the Star and Garter, to approve of the men that may be brought there as recruits; he was brought there by one Brown, he was to have ten guineas bounty, and three to be deducted for the clothes, knapsack and accoutrements; he was brought down stairs as usual, into the parlour before he was attested, he was brought into the parlour to me; I asked him, my lad, are you willing to go for a soldier? yes, says he, I am; says I, what trade are you? he told me he was a porter that he carried out small parcels; I asked him if he had been ill, for he looked rather as I thought weakley, and I made a cemical observation of him, I said he will make a very good man-midwife, for he has got very long fingers. Now, says I, you are perfectly willing to go into the Louth Volunteers? yes, says he, I am; says I, you are not an apprentice? no, says he, I am not; the consequence was, I told him to go up into the room along with the rest of the recruits; but prior to that, says I, will you like to leave any of the bounty in my hands; no, says he, I will have it all down now, very well, says I take him away; it is my duty to take them to the surgeon before he is sworn, to see if he is found.
Q. Did you give direction that he should be taken to the surgeon? - Yes, but whether he was or was not I don't know. The next thing I heard was, that he had deserted.
Q. Have you any doubt at all that that is the man that you spoke to? - If I had a doubt of him I should have a doubt of mo father, whom I know.
I am a surgeon.
Q. Is it a part of your duty to examine the recruits for the Louth Volunteers? - It is, but I pass so many men that it is impossible, as Rethrick has said already, that I can recollect every one, but this circumstance however has been growing on my mind since I see him(Smith) in Marlborough-street; I think I have some recollection of him, and that when he came I took himinto the drawing room, and I let my curtains down, to prevent any indelicate appearance to my opposite neighbours, and I examined him in the room, I found him a very fit person, and as such I entered him; by some accident or other I have lost my memorandum book, or else I keep a memorandum of every one that I examine; my house then was No.9, Crown street, Westminster, where the colonel lives now.
Q. How far is that from the Star and Garter? - Nearly about a quarter of a mile.
GEORGE BRIDGEFOD sworn.
I keep the Star and Garter in Old Palace-yard.
Q. Do you know the person of the man that has given evidence here? - Yes, this is the person; he come to my house on Saturday, the latter end of April, I did not see him come in, there was a man brought him in that said he was come from Chelsea.
Q. What day did you first see him? - I see him Saturday in the afternoon, I think it was between three and four o'clock; I am certain it was before dark, he came in as a recruit.
Q. Do the recruits go into any particular room? - They come almost into every room in the house, there is one room that I let them have to sleep in, and another to fit in, but they go all over the house.
Q. Did you see that man confined at all, during the time he was in the house? - I never see him confined at all; I carried him a bason of tea, and bread and butter, into the tap room; I am not positive whether it was on Sunday or Monday but one of the two days I did.
Q. At any time he was at your house, did he appear to be confined or restrained? - No, never, till after he went out of the house, and brought in by the watchman; there was never an angry word giver, but he was commended for his sobrietv.
Q. Did you go to the police office at Westminster? - I did not.
Q. Do you know whether he did? - I heard say that he did.
Q. Did you see him at the time he was going? - No, I cannot say that I did.
Q. Did you at all converse with him on the subject, or hear him say any thing about it? - No.
Q. Had you heard him called by that name before he went to the police office? - Yes.
Q. Did you see him on Monday evening? - Yes.
Q. Do you know at what time he retired to rest in his own room? - No.
Q. What time was it you say he was brought in by a watchman? - Nearly about twenty minutes after ten on Monday evening.
Q. Do you know the watchman that brought him in? - Yes, he has been the watchman at my door ever since I kept the house (Bradley) I am sure he is the man that brought him in.
Q. When he was brought in what was done? - Cooke was asked whether he knew the man or not; he said he did know him, and took him into the parlour, and I did not see further what passed.
Q. When did the man leave your house? - Early on Tuesday morning.
Q. Did you see him at all? - I did not.
Q. What clothes had he on before he made his escape? - He had a blue coat on when he was brought in.
Q. Did you see him in any other kind of coat before he went off? - Yes, I see him in his regimentals, on the day after he was attested.
Q. Was the blue coat the same coat as he came in on Saturday night? - Yes, the same coat.
Q. Are you sure that he was brought in the same coat by the watchman, as he came in on Saturday night? - Yes, the same coat
Q. Do you know any thing more of this business? - No more.
Q. Are you sure he is the man? - I am very sure he is the man. After he came out of the parlour, I heard Cooke tell him to go up stairs about his business, and called him a vagabond for deserting, and his coat was then tore.
THOMAS WELLS sworn.
I am a waiter to the Star and Garter.
Q. Is that house kept by the last witness? - Yes.
Q. Look at that man(Smith) did you ever see him before? - Yes, I see him there at the Star and Garter, on the 27th of April, to the best of my knowledge on Saturday.
Q. When he was there on Saturday, what part of the house was he in? - In a little room on the left hand.
Q. Locked up at all? - Only in the evening, when the rest of the soldiers were in bed,
Q. What part of the house was he in on Sunday? - He was in different parts.
Q. Was he ever out of the house to your knowledge? - Not to my knowledge.
Q. On Monday was he out of the house? - On Monday he was.
Q. Where he went to you don't know? - I cannot tell.
Q. Was he brought in any time of the day? - In the evening, to the best of my knowledge he was brought in by the watchman at the door(Bradley) dressed in a blue coat.
Q. Was that the same coat that he came in on Saturday evening? - Yes, to the best of my knowledge.
Q. When the watchman brought him in, what did he say? - He enquired for the serjeant.
Q. Who did he mean by the serjeant. did he mean the prisoner, Mr. Cooke? - Yes; he asked him if this man did not belong to him, which he had brought which he supposed was going to desert, which Mr. Cooke took from him, tearing his coat in the passage, and sent him up stairs.
Q. How soon did he leave the house, the next morning? - I don't know.
Q. Did Mr. Cooke say any thing to him about deserting? - He asked him where he was going to?
Q. By what name did he go while he was in your house? - William Harris; I heard the serjeant call him so.
Q. Did he answer to the name of William Harris? - Yes.
Q. You are clerk to the police office in Queen's square, Westminster? - Yes.
Q. Do you know the prisoner at the bar, Mr. Cooke? - I do.
Q. Do you recollect his coming to you at any time on the 27th of April? - He has brought so many recruits that I cannot tell.
Q. Do you make any memorandum when he brings recruits to you? - I do.
Q. Have you any memorandum of his coming on the 27th of April? - I have.
Q. Look at them. Did you make these memorandums at the time? - Before the attestation is delivered out of my hands, I enter them in a book.
Q. Do you find you have entered any memorandum of Mr. Cooke bringing any recruit to you on the 27th of April? - Here is William Cooke brought William Harris; Sir John Lost's rendezvous, Star and Garter Palace yard
Q. Was that person that appeared by the name of William Harris, attested on that occasion? - He was.
Q. Before what magistrate? - John Warner, Esq.
Q. Was that William Harris examined before he signed it? - He was, and every recruit that comes to be attested, is very strictly examined by the magistrate; there is none but are very strictly examined, whether they enter voluntarily or not, and whether they were drunk when they enlisted.
Q. Did that William Harris, whoever he was, take the oaths? - I am the person that administers the oaths; as soon as I have administered the oaths, I take the attestation, and the magistrate signs it.
Q. Have you any doubt that that oath was administered to that William Harris, whoever he was? - Most undoubtedly he was.(The attestation read.)
Q. Are you sure that the man answered to the name of William Harris or not? - Most undoubtedly, for he must write his name, William Harris, before I wrote it myself.
Q. Do you ever suffer a serjeant or any other person whatever, to give in the name of the man who appears for them, and not let the man give in his own name? - I fit at my desk, at the corner, I call the recruit to me, if he can write his name I make him do it at the beginning of the attestation, if he cannot write his name, I make him make his mark, and I write under it, the mark of such a one; I never suffer a person to be attested whose name is wrote before he comes to the office; if his name is wrote I strike my pen through it, and make him write it over again.
I am a watchman at the Star and Garter, Palace yard.
Mr. Knowlys to Shepberd. I had forgot to ask you one question, is the magistrate's signature J. Warner? - It is justice Warner's hand writing.
Mr. Gurney to Bradley. Did you ever see that young man? - No, I cannot say that I did; to the best of my knowledge I don't think I know the man; I took a man that jumped over the wall, and I took him to serjeant Cooke, and asked serjeant Cooke, does this man belong to you? I took the man in the dark, I cannot be positive to the man.
Q. How long ago? - I cannot positively say, it was on a Monday in May, I believe.
Q. Did you ever take more than one man in that situation? - Never.
Q. Then the only man you ever found in that situation, you took to serjeant Cooke, and delivered to him? - I did.
Court. Are you sure it was in May? - To the best of my knowledge I think it was.
Q. Can you tell whether the man that you took, was at all like the young man that stands by you? - He was a tall man, but being in the dark I could not see his face.
Q. When you carried him to the Star and Garter, was there any light there? - I did not carry him into the parlour, I gave him up at the door to serjeant Cookes there were a couple of candles burning on the table in the parlour, and he took the man from me, and he said, I know the man.
Q. Then you should not know the man again if you was to see him? - No, I cannot say I should.
Q. Nor can you from a belief, say whether it was Smith or any other person? - It was a tallish man.
Q. Were you before the justice in Marlborough-street? - Yes, I was.
Q. Did you pick out any man there? - Yes, I did; to the best of my knowledge I thought that was the man, it turned out not to be the man.
HENRY MAISTER COOKE sworn.
Q. Are you any relation to the prisoner at the bar? - I am brother; a soldier in the life guards.
Q. Do you know the witness that has been examined here? - Yes, that is the man.
Q. Where did you first see him? - In the front parlour at the Star and Garter, on Monday.
Q. What time of the day? - At night, I suppose between eight and nine, or about nine.
Q. Did you see the watchman(Bradley) at all? - I did; this gentleman, the prosecutor was with him; he brought him into the parlour, he said he found him in some back place, he had got over a wall, he supposed, by hearing some glass fall on the ground.
Q. That was on Monday night you say? - Yes, it was.
Q. Had you any conversation with Bradley, in the parlour? - Not a word.
I belong to Colonel Lost's regiment of Louth Volunteers.
Q. Do you know that young man? - Yes.
Q. Did he make any complaint of being kidnapped? - None at all.
Q. What name did he go by? - William Harris.
Q. Did he affect any other name? - None at all, that was the name he answered by on the parade.
Q. I believe you are the agent to the regiment of Louth Volunteers? - I am Colonel Lost's agent in that regiment, while he is out of town. I have known the prisoner some time, he bears a very excellent character, and his behaviour to his recruits were good, and they speak all well of him.
Court to Retherick. How did you first hear that the prosecutor was sent to Ilsey Barracks? - From a letter that he sent to his mother, informing her that he was in Guildford house of correction, I had it in posession from his mother, and took it with me the first time I went down to Guildford; but whether I have it at home or no now, or gave it to his mother, I don't know.
Not GUILTY .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
Joseph Barton .
I am a master book binder , in a little way, No. 2, Playhouse yard, Blackfriars. Very early Witsunday morning I was going along the street, I had staid a little late at a house that I had been at in the evening, a public house. I went there about eight or nine o'clock, and I might stay there till half past eleven, at the sign of the Hope, near where I live, Vine-street, Blackfriars.
Q. Had you been in any other public house before that? - Not that I recollect.
Q. Were you perfectly sober at that time? - I was so far sober that I had my perfect recollection. I found that I could not conveniently get into my own house, my little boy slept very sound, and I took a walk down the Strand; I was perfectly full of spirits; I was not in liquor, but I was merry. As I was going along down the Strand I met with the prisoner at the bar, standing at the corner of an alley, and she asked me if I would give her any thing to drink? I told her I would give her a drop; and I went to give her a penny worth, whereabouts I cannot ascertain the place, not a great distance from where I met her.
Q. Where was that? - A little before you come to Church-court. After she had the liquor, I asked her where she lived? she said she lived at No. 6, in Church court; and as she was going along she met with a decent drest man, a stouter man than me, and they had a few words pass between them, what it was I know nor, I could not ascertain what the words were.
Q. The man left you? - Yes, for the present moment; the man did not come with me not that moment. I had not been at the door a very short time, before this man came up and began thumping me about the head in a very violent manner; I don't recollect that he spoke a word to me; and this woman she stood behind me. I was facing No. 6, the door was not open, and I don't know how or which way hardly it was done, but by some means or other they forced my hat and wig off, and my coat; they cut my shirt here, and at the same time, with something, they cut my arm.
Q. Was there any body else besides this woman and this man? - There was a soldier stood by; but he did not offer to touch me or assist me, he stood on the right hand side of the man in the court, and a very good looking soldier he appeared to be too. I was obliged instantly to run away, naked as I was.
Q. Now I want to know what part the woman took in this business? - I have some reason to think that she had a hand in taking my hat and wig off; respecting my coat, I think it was the man.
Q. Why do you think the woman took your hat and wig off? - Because she stood behind me, and it was taken off by somebody that did stand behind. It was a club wig, and a very easy matter to take it off.
Q. Did you see this hat or this wig in the woman's hand at all? - I did not; I ran away immediately.
Q. Did you see the coat in her hand at all? - I did not.
Q. Did you ever find your things again? - No, I never found any of the things.
Q. Did you ever see the man again? - No.
Q. How came you to get at this woman? - I was walking about in that aukward state, in the Strand, nearly opposite to that place; I had been in St. Martin's watch-house, and I thought I might see the woman again, If I went into the Strand, and I went. The sun was then shining.
Q. Where did you see her? - Just standing at the corner of Hungerford-street, by the New Church, nearly opposite Church-court, where she was before. There was a man came up and I said, that is the woman, lay hold of her; and she was immediately taken to St. Martin's watch-house; but who the man was I cannot immediately ascertain. When she came to the watch-house, she said she knew nothing of it. She was very sober when I light of her, perfectly sober.
Q. Will you undertake, on your conscience, to say that she was the woman that you see the second time, as was with you in the court? - The case stands as this, before I went to the watch-house I asked her what her name was? She said, saucy Bet Hambleton; but I did not think it any great harm then, as the woman did not appear in liquor. I am positive to the woman as ever I was to any thing in my life; her face had been pretty much coloured with something, and I knew her perfectly; her face is pale now, but then it was coloured with something what it was I know not.
Prisoner. This man says that I accosted him, he spoke to me first; I could not ask him home, because I was locked out myself; and another thing, I had no place to take him home.
- HARRIS sworn.
I have been a watchman these five years. As I was crying four o'clock, at the bottom of Whitcomb street, commonly called Hedge-lane, I saw this woman coming along with a coat under her left arm, and a hat and wig; she passed by me going towards Church-court. I said nothing to her.
Q. Did you take her? - I did not.
Q. Did you know the person of this woman before? - No; I may have seen her, but not to swear to her.
Q. How came the prosecutor to know that you had seen the woman and a hat? - I told our patrols that I see a woman go by with a hat and things in her hand.
Q. Had the patrols said any thing to you about any robbery? - No.
Q. You was not present when the prosecutor laid hold of her? - No, I was not.
Q. Is that patrol here that you spoke to? - Yes.
Q. To Prosecutor. How came you to know that this man knew any thing of it? - He was sent for to the watch-house; the woman was in the watch-house; there was a man came into the watchhouse first, and signified that he had seen a man that had seen a woman with a hat, coat, and wig in her possession, in Whitcomb-street.
Q. He was sent for, I suppose? - I believe he was, he came over; he gave a clear account of it there, and before justice Addington, of seeing this woman with this hat, coat, and wig in her possession. The hat was a cocked hat.
Court to Harris. Do you know there is any reward in this case - No, I have heard no such account. I never was be
Q. Are you perfectly sure that is the woman that had the hat, wig, and coat on her? - I am perfectly sure.
Prisoner. I had been as far as St. Luke's Church, to see a brother that works at Mr. Whitbread's; I was obliged to stay out very late, and I went and walked up and down the street, and this man met me and asked me to go home with him; this man followed me, and another man, a very tall genteel man met me, and said, how do you do? and they both followed me up to the door; my prosecutor began abusing the other, and the other began abusing him, and the tall one asked me what my name was? I said Elizabeth Hambleton ; and there was a soldier came by, and all went fighting; and I ran up Church-court, and down St. Martin's-square, and then I walked by the Mews, and went up to Church-court again, then when I went to Church-court again, the clothes laid between our door and the butcher's and I picked them up and went down the Strand, and I asked the watchman, just by Lancashire-court, if he had seen a man without a coat? I went all up the street and down again, and when I came down again almost to Church-court, there were a great many people, and two men met me just at the coffee house, and told me to give them the man's clothes; it was two men dressed in black, and they were in the mob, and I stood by, and my prosecutor stood in the middle of the patrols and men, and were like quarrelling and fighting, and then he came to me and said, here is the woman; and I was taken to the watch-house.
Q. All that I know of it is, that this man, the prosecutor, called on me as I was on my duty, going through the court, and said that he had been robbed of his coat, hat, and wig; but I never see the woman till I see her in the watch-house.
Q. Did you mention to the watchman that there had been such a robbery? - I went to Charing Cross, where I see Harris, the watchman, and he told me that he had seen Elizabeth Hambleton go by that place, with a coat on her arm. and hat and wig.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
334. JOHN HURLEY was indicted for that he, on the 15th of June , wilfully, feloniously, and with malice aforethought did make an assault on Catharine, the wife of James M'Clarin , being quick with child, with both his hands and feet, on the back, belly, stomach, sides, and loins, did strike, beat, and kick, and did violently cast and throw her to and against the ground giving to her, the said Catharine, by such beating and kicking, as well as by the casting and throwing her to the ground, divers mortal bruises on her head, back, belly, sides and loins, of which she instantly died; and so the jurors, on their oath, say that he, John Hurley, feloniously, wilfully, and with malice aforethought her, the said Catharine, did kill and murder .
Also charged with the same murder on the Coroner's inquistion.
I keep a public house in St. James's stairs, Shadwell . On the 15th of June, close on eleven o'clock at night, the prisoner was there, and his wife and another woman, and the deceased. This dead woman lived in my house, rented a room of me; this said day she was out the greatest part of the day about business; she came home about six o'clock, and brought two of her friends in with her, one she took out with her and the other she met, and called for a pot of beer in the kitchen; John Hurley and his wife sat at the far end of the house, and another woman that was in company with them, in another room; by and by they settled their reckoning, and they left the room, and they went into their company, the company of the deceased, and they drank together; there was a master of a ship came, and another woman with them; at ten o'clock I went and see them all very social together, as far as I know; I went and told them I was an early woman, and I wished them to settle their reckoning and go; they said they had got a pot of beer, and they would sit and drink it out; and I went and shut up the shutters, and went back again, thinking they had drank their beer, and I heard Hurley's wife aggravating the dead woman, calling her the cock of the walk; and I heard Hurley say something, but I do not recollect; and I begged of them to be quiet; I said, say nothing to that, especially to a woman in her condition.
Q. What was her condition? - Quite big with child. Then one of the gentlemen that was in company with her took her by the arm and took her into the taproom, and Hurley went out after them, and the dead woman come out of the tap room again and went into the kitchen with a candle in her hand, and she says something, she said, that Hurley's wife wanted to stay later to rob the house; Hurley turned round sharp and said, what did she say to you? she answered her husband, she called me a whore, and said, I wanted to rob the house; with that he went directly and knocked her against the cellar door; she called out for a light, and said, that he had hold of her head, and I went to them with a light as soon as possible; and when I came with the light he let her go, and down she dropped in a gore of blood, and died in about an hour.
Mr. Morgan. What time was it that M'Clarin came home to your house with the two men? - Six o'clock.
Q. At what time was it that this unhappy accident happened? - About eleven.
Q. Was she in your house from six till eleven? - She was as far as I know; she may go in and out, because I was at the bar.
Q. She originally drank with the two men in the kitchen, if I understand you? - No, such thing.
Q. Where was the first pot of beer drank? - In the kitchen.
Q. What did this woman do during the five hours she was at your house? Did she continue drinking all the time? - She was singing a song part of the time.
Q. Was not there a quantity of liquor drank in that company? At the time this accident happened, had you taken sufficient notice of her to know whether she was or was not sober? - To the best of my knowledge every one of them was sober, except one man.
Q. She lodged at your house? - She rented a room.
Q. Will you say that? - I will.
Q. Did she make any complaint to you of a hurt that she had received by fighting the day before? - She made a complaint that a man had called her a terrible name, and she did not like it.
Q. Do you know whether she had been beat by any body the day before? - I never see it, not I know nothing of it.
Q. It was the deceased that went out with the candle and candlestick in her hand? - It was.
Q. Were you by all the time for the course of half an hour or three quarters of an hour, that you could see all that past? - It was not a quarter of an hour that all past.
Q. Did not she flourish that candlestick about in her hand, so as to strike Hurley or his wife? - I did not see it.
Q. Did you see her pull the cap off Hurley's wife's head? - I did not.
I am a farmer.
Q. Were you at Mrs. Hobbs's the night this quarrel was? - I was there. This woman that is deceased, and I and another man came in first to Mrs. Hobbs, and went down to the kitchen as they call it, about six o'clock, and we had a pot of beer, this woman, this man and I, I lodge in the house; Hurley and his wife came into the room; there were only seven pots of porter drank; there were some words passed between the woman deceased and Hurley's wife; so I told her that the reckoning was paid, and I took the deceased out of the kitchen away from Hurley's wife, that they should not aggravate no more; both women were aggravating; I took her into the passage and set her on one side of me, in a box in the tap room; with that she got up in about the course of three minutes, and I said, where are you going to? she said, I am going for the candle and candlestick, it is almost time for me to go to bed. With that I never heard any thing more till I heard murder screamed.
Q. Recollect yourself a little, because you swore before the coroner, that she ran towards Hurley's wife - I don't know. She ran towards the entry where Hurley and his wife were, as near as I can tell, saying, she wanted a candle and candlestick. When murder was cried I went in, and Hurley's wife was the first woman that I met with, and I took her by the shoulders and put her towards the door, and when the light came I see this woman all in a gore of blood, and I did not know where the blood came from; I could not see her face disfigured, or a black eye or any thing.
Q. Did any thing else happen besides? - She cried out murder! murder! and called out for the watchman, and said, that Hurley was the man that murdered her.
SARAH WEBBER sworn.
Q. You are a midwife, I believe? - Yes.
Q. You was called in to the deceased, on her being in the situation we have heard described? - Yes.
Q. Are you able to state what was the cause of her death? - I cannot.
Q. In what situation did you find her? - I was called between the hours of
Q. We are told that she was pregnant. Was she at that time in labour? - No, it was not her labour; to the best of my knowledge she was stooding.
Court. Might any violent emotion cause the situation in which she was? - Yes, it might.
Q. You are a surgeon? - Yes.
Q. You was called in to examine the woman before the coroner? - I did not see her before she had been dead eight and forty hours.
Q. Can you say that she died by any external-violence? - It was from external violence. The uterus was bruised, and likewise the placenta was separated; but whether it was from a kick or fall I cannot say.
- HURST sworn.
Q. You are a surgeon? - Yes. When I was called in I found the deceased extremely ill, in strong convulsions; no signs of labour pains, or any probability of her being delivered. After having given the necessary directions how to proceed, I went home and sent some medicine, in hopes of a recovery. On Wednesday I examined the body, after it was opened; I observed an extravasation of blood on the external part of the uterus, internally, a separation of the placenta from the posterior part of the fundus.
Q. Are you able to say whether that was produced by any blow or kick, or any thing of that fort? - That might be from any common causes; from a fright, or any exertion on her own part, or any fall or blow.
Q. Were you present on the night this woman died? - Yes, I was; on Wednesday, the 15th of last month, I happened to go to Hobbs's house, about the hour of eight or nine o'clock; I sat in a box in the tap room, and had part of three pots of beer; then I chose to go home, and it being a little late, I was advised not to go home so far as Holborn that night. Then this company in which the deceased was sat very comfortable, as it seemed to me, I never entered their company; they had a pot of beer, and by some unluckly unhandiness the pot of beer was spilt, then the deceased and another in company began quarrelling; the deceased in a rage got up and used very scurrilous expressions to Hurley and his wife; directly Hurley's wife said, I believe you are cock of the walk; that is meaning a governor in the house. In a little time the deceased person got up a candle and candlestick, and called Hurley vile words, and she took up the candlestick, in order to throw it at Hurley and his wife, and the candle fell out of the candlestick; I called for a light, and it came. Then the deceased woman withdrew into the tap room, and she came in again in two or three minutes, and ran again at Hurley's wife, and tore her cap off, and it fell to the ground; I stooped and picked up the cap and said, go along home, let us be all peaceable. Hurley was behind my back, and he said, I will have your cap off as you had my wife's; and Hurley came over my shoulder and took hold of the deceased woman's cap, and at the same time, according to my best belief, and according to my conscience, I believe she was spent in passion, and had been drinking to excess, and by her own fall she lost her life. I never see Hurley lay hands on her, but just laying hold of the cap. Mary Mahony was in company; she is here, and can say the same words.
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Justice BULLER.
335. GEORGE BYCHE was indicted for that he, on the 3d of June , on Elizabeth Bragginton , against the peace of God and our lord the King, violently and feloniously did make an assault on her, the said Elizabeth Bragginton , feloniously did ravish and carnally know .
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. Justice LAWRENCE.
336. JOHN HENRY WADE was indicted for feloniously stealing, on the 30th of May , seventy-two pair of womens leather gloves, value 6l. 6s. one hundred and twenty pair of ditto, value 6l. 16s. twelve-pair of other gloves, value 1l. 3s. twenty-four pair of womens habit gloves, value 1l. 10s. and forty-eight pair of mens leather gloves, value 3l. 10s. the goods of Thomas Fagg .
I live at the Bell and Crown, Holborn; the goods were taken from the Bell and Crown to be delivered to a Mr. Leech, in Cornhill, by my porter. That is all I know of the business.
Q. Are you a porter? - Yes.
Q. Did you carry this parcel of gloves from Mr. Fagg's? - Yes. On the 30th of May, I had got several lots of gloves and different articles besides; I carried them into Cheapside, the corner of Wood-street , and I pitched them down to see which way the numbers ran, and I left the boy along with them while I turned into Cheapside to see which way the numbers ran; I was coming back again I see a man in Cheapside crossing with a parcel, and I thought it was one of the parcels, and I looked immediately at my bundle, and I missed the parcel, and there was another man that asked me whether I had lost a parcel? I told him I had; and he said, yonder he goes; and he set off directly into Friday-street, and just at the Old Change, in Watling-street, he dropped them out of his arm. I never lost sight of him only when he turned the two corners, and I got the parcel, and another man ran after him and stopped him, with some more help. I followed him; I found him in the Old Change; they were bringing him back.
Q. Are you sure it is the very same man? - I never see his face; but his dress appeared the same; I believe him to be the same man.
Mr. Knapp. So you never see this man's face at all? - Not till after he was taken; but then he was never out of my sight, only when he turned the corner.
I was coming up Wood-street, on Saturday evening, the 30th of May, and I see that man (the prisoner) and another come up to a little boy, one of them got talking to the boy, and I suppose he was talking to him some minutes, while he was talking to the boy that man took up a parcel and went off with it. I am sure the prisoner was the man that took it up.
Mr. Knapp. Had you ever seen him before? - Never.
Court. You pursued him? - Yes. As soon as he took it the porter came up, and I told the porter; we both of us pur
Q. Had he been out of your sight from the time that you see the parcel drop? - No, never.
I have got the bill of parcels of these goods that were stolen. (Reads) "Six dozen of womens coloured grain gloves, ten dozen of habits, one dozen of womens white kid, two dozen of habits, and four dozen of mens york.
Mr. Knapp. Was the bill of parcels sent with the parcel? - Yes. I live with Mr. Leech, in Cornhill.
Q. You don't know what quantity was in that parcel except by the bill of parcels? - The bundle was called over with the bill of parcels, and it was perfectly right.
Prisoner. I am convinced from the evidence that that young man has sworn against me, that he would say any thing in the world.
GUILTY. (Aged 27.)
Judgement respited .
Tried by the London Jury before Mr. Justice BULLER.
337. ROBERT HARMISON otherwise PERCIVAL was indicted for burglariously breaking and entering the dwelling house of George Stafford , about the hour of ten in the night, on the 7th of June , and burglariously stealing therein, a mahogany knife case, value 1l.4s. four ivory handled knives, value 4s. eight ditto forks, value 8s. the goods of the said George Stafford : a silk clork, value 1l. and a black silk bonnet, value 2s. the goods of William Davidson .
Q. Was that house broke open at any time? - I don't know as to that.
Q. Were any of your husband's property taken away? - No, they were my wearing apparel.
Q. Was any thing of Mr. Stafford's taken away? - Nothing, only move from the side board behind the door, and felt under the middle window, a mahogany knife case; I believe it was the 7th of June; they informed me it was about half after ten.
Q. What did you lose? - Nothing but a cloak gone out of the parlour.
Q. What time had you left the cloak in the parlour? - At half after four, when I left my master's house; I went back just when the clock struck eleven.
Q. Did you lose a bonnet? - The bonnet remained there on the floor; is hung on the cloak in the room.
Q. Where do you live? - At Mr. Stafford's, Crown-court, Fleet-street; an apprentice.
Q. Were you at home on the 7th of June? - Yes.
Q. Did any thing happen to the house? - I was in Mr. Stafford's kitchen a quarter before eleven o'clock in the evening, I heard a double rap at the door on which I went up immediately; I see a man in the parlour on the right hand side as I went up, I opened the door immediately; the watchman and patrol were together,
Q. Who was that man? - The prisoner at the bar. He was secured in the parlour.
Q. Did you know him before? - Yes.
Q. Did you look about the house to see how he got in? - The windows were open of the parlour.
Q. The sash do you mean? - Yes.
Q. What time had you been in the parlour in the course of that night? - I had not been there before the time it was dark.
Q. Were the windows of that parlour shut in the course of the evening? - That I don't know.
Q. To Davidson. Before you went out did you shut up the house at all? - No, I left one of the windows open when I went out.
I am a patrol of St. Dunstan's parish. About a quarter before eleven, on Sunday night, the 7th of June, I was going my round, I goes up Crane-court, and just by Mr. Stafford's window I see a tall man, that man seeing me coming behind, he passed on towards the top of the court, just at the top of the court he stopped to make water; I passed him a sew yards, and I thought that he lived in the court, at some of the houses in the top; I returned, and as I returned I see Mr. Stafford's parlour window open, the sash lifted up; I could not see any body about the house then. I immediately comes down into Fleet-street, and I says to the watchman, do you know Mr. Stafford's window is open?
Q. Did you go back again? - Yes. I took the watchman with me, and as I was going up the steps, the same man that I see standing to make water at the top of the court, I see exactly under the parlour window that was thrown up, and he met me about ten yards up the court; says I, what do you want here? says he, I come to ease myself; says I, have you been easing yourself since I see you making water at the top of the court? says he, that is easing myself; says he, don't handle me, I am a housekeeper, I will give you my address. I immediately leads him back under the window; the watchman knocked at the door, William Hull came and opened the door; I asked him if he knew his window was open? he said there was somebody in the parlour; I thought he meant there was somebody belonging to the house there, and I losed the man that I had by the collar, and he instantly ran away, and at that instant, momentarily, I see the prisoner in the parlour, laying down on the window seat, inside of the parlour; I instantly rushed in and seized him. In the parlour there was a knife case moved from a side board from behind the door, on the carpet; there was a bonnet on the floor. We took him to the watch-house, and he had nothing found on him but a tobacco box, two shillings and a silk handkerchief.
Prisoner. I leave it to your superior judgment, and the gentlemen of the jury.
Q. You are the watchman? - Yes. About a quarter before eleven the patrol came to my box, which is at the corner, belonging to Mr. Gurney, and asked me -
Q. What did you do? - I went with him, and we met a tall young man in the court, and Mr. Quick collared him, and he asked him, what do you do here? says he, I am easing myself, says he, you cannot have eased yourself since I see you.
Prisoner. I would wish to ask every one of the servants which of them recollects shutting the window; this man has swore that the window was shut; it is false, the window was open.
GUILTY, Of stealing to the value of 20s. and not of the burglary.
Judgment respited .
Tried by the London Jury before Mr. Justice BULLER.
Q. I see you appear as the prosecutrix of the prisoner, for stealing two live tame geese. From what place were they taken? - From the hen house within the court yard, just by the side of the court yard of Brompton Park house, the farthest house in London. I was waked early in the morning, and told I had lost some geese; the watchman came a little before seven, and I was informed of it a little before eight; I was informed that the two watchmen were the men who had found the two geese on the man and secured him.
Q. What time was this? - Thursday sevenight, a little before two o'clock in the morning, when the watchman took him. I know that there were nine geese in the field the day before, and I see them fed, nine on Wednesday, and six on Thursday.
Q. How far is this field from the house? - There are two fields, and they are drove by a cow house, and then through two large gates, into the front yard, and from thence into the poultry yard. I only wish to mention that I did not wish to prosecute the man, and I wished justice Bond to let him go for a soldier.
Q. Do you live with Henrietta Grosvenor? - Yes.
Q. What do you know about these geese? - I drove them out of the field into the poultry yard the over night, Wednesday sevenight; I drove in nine, a little before nine in the evening.
Q. Did you leave them in the poultry yard? - I did.
Q. How many were there on Thursday morning? - Six. The first that I heard of it was the watchman came into the yard and told us we were robbed; I see him in the court yard.
Q. What time of the morning was it? - Past seven o'clock.
Q. Is the watchman here? - Yes.
Q. Do you know his name? - Yes; Moses.
Q. How old is he, twelve or fourteen years of age? - Older than that. I went down into the poultry yard after the watchman was gone; I missed three.
Q. Should you know there geese again? - Yes.
Q. Do you think you could venture to swear to them? - Yes.
Q. Did you see them again in the course of that day? - Yes, I see them at the watch-house, three.
Q. Did you know them to be lady Grosvenor's geese? - I know them to the best of my knowledge; I knew them ever since they were hatched, about three months; one is a darkish one, with a mark half round its neck, and two black feathers on its back; the other was a brown, not quite so dark as that there, a brown head, and much the same mark on its back; the other was all white all over.
Q. Do you mean to say positively, or only to the best of your knowledge, that they were the three? - I have said to the best of my knowledge that they belong to lady Grosvenor. They were left in the watch house; two were alive; and one he killed; the live ones are brought here.
Q. Which was killed? - The lightest of the speckled ones.
Mr. Knowlys. How is your court yard situated? - It is before the house, and the poultry yard is by the side of it.
Q. How is it senced off? - It opens with two gates, it is senced all round with paling; the paling is a pretty good height, and there are laths over the paling.
Q. Not so high as you are? - Yes, very near; I cannot justly say.
Q. Therefore the geese may now and then get over? - It is two high for any geese to get over.
Q. Did you ever see these geese fly No.
Q. Were their wings cut? - I believe not.
Q. Therefore if they were inclined to sly from a good place, they had the liberty to do so. Now you say very fairly, that you cannot go beyond saying, that these may be lady Grosvenor's to the best of your knowledge, but you may be mistaken in them; that is the furthest you can go. What kind of gates are they secured by? - It is a gate wide enough to let a carriage go through; it is made of close paling the same as the court yard.
Q. But fly over they may certainly.
Court. You had never seen them fly, I understand? - No.
I am a watchman of Brompton-row. About half past one o'clock I see a man coming along the road, and I went out to him, and touched him on the shoulder, and he called me by my name.
Q. Was this between Wednesday and Thursday? - Yes, it was.
Q. Was the prisoner this man? - Yes; he had something on his back, what he had I don't know.
Q. Was he near the house of lady Grosvenor? - He might be very near three quarters of a mile from the house.
Q. Which way was he going? - Towards London, from the house. There were two more men coming after, and I let that man go on, and I searched them two men, and they had nothing, and I let them go forward; by that time the prisoner got from my beat, from my premises, and I went to the other watchman, Grant, and I told him I believed the man had got something on his back which he should not have. That is all I know about it till the next morning; I went the next morning to lady Grosvenor,
Q. What did you do after you had heard something in that house? - I went to the watch-house, and the geese were there.
Q. What time did you get to the watch-house? - I cannot say rightly because we went to justice Bond before that; it might be before twelve o'clock; I see three geese.
Q. Did you see the prisoner? - Yes.
Q. In custody? - Yes.
Q. Are you sure that the man that you see in the watch-house detained, with the geese, was the same man that you see passing with something on his back? - To the best of my knowledge it is; I suspect that is the man.
Q. That something that he carried on his back, was it in a sack, or how? - No, it was butioned in his coat, a common close bodied coat.
Q. Did there seem a great deal under his coat? - No great tulk.
Q. Do you think three geese could have been under his coat? - There might for what I know.
Mr. Knowlys. I observe that your's is a close bodied coat? - Yes.
Q. Do you think you could button up two or three greese, independent of your own person? - I don't know, I never tried.
Q. A close bodied coat could not contain three geese besides yourself? - No.
Q. Where did you overtake him? - In North-street; and when I came up to him I asked him what he had got there.
Q. How far is North-street from Lady Grosvenor's? - I take it pretty near half a mile.
Q. Was he in the road to town? - He was out of the right road to town; he was not going in a direction to her house; I asked him what he had got there? he said his own property; then I told him I must look at this property, and afterwards he laid the three geese down, one dead and two alive. They were in his coat, his coat was off; then I looked at him, and told him it was not a proper hour to have such things about him; then I told him he must go to the watch-house. Then I called my partner to assist me, to help take him to the watch-house. John Castle , I think his name is.
Q. Did you take the geese to the watch-house? - Yes, they were all carried to the watch-house.
Mr. Knowlys. So you told him he must go to the watch-house? - Yes, and there he continued in custody.
Q. You did not see them there together? - No, I did not.
Q. Did she feed the same geese as you carried down to the watch-house? - I cannot say, I was along with the prisoner, at justice Bond's.
I am a watchman; I was called to the assistance of Grant to take the aprisoner, and I went along with him about a hundred yards, and he laid down the geese and ran away.
Q. Where did you go? - From the top of North-street to Sloan-street.
Q. Was the prisoner there at that time? - Yes; that is the man.
Q. What past when you came up? - Grant asked him what he had got there? and he laid down the geese; after that
Q. Did you stay at the watch-house any time? - No vast while.
Q. What time were they carried to the watch house? - About ten minutes past two when they were carried there.
Q. To Ann Gibson. What time did you see the geese at the watch-house? - I don't know hardly what time.
Prisoner. I went to see my wife that lived at Brompton, and I stopped at the White Hart public house. When I returned to town, in the road I see two men, and I was in a hurry running along, I saw these geese, I thought I see them fall from their backs, and I picked them up, thinking that morning to enquire out an owner for them.
The prisoner called four witnesses who gave him a good character; he was a gentleman's coachman and in place then.
Not GUILTY .
Tried by the First Middlesex Jury before Mr. RECORDER.
339. ROBERT HILL was indicted for feloniously stealing, on the 23d of May , nineteen iron keys, value 3s. three iron shovel pans, value 9d. two pair of iron hinges, value 8d. and twelve brass cranks, value 3s. the goods of William Rogers .
I am a locksmith . The prisoner was my journeyman .
Q. Did you lose three iron shovel pans,&c. all at one time? - I don't know. I was told that he made use of some cranks at a public house, and I went and looked, and there I found them, and I had a warrant to go and search his lodging.
Q. What public house was it? - The sign of the Phoenix, at Chelsea, kept by one Allen.
Q. Where do you live? - At Kensington.
Q. In what manner did you find these bell cranks at the public house? - Made use at turng the bell with, fixed up.
Q. How did you know them to be his lodgings? - Because I had been there to call him to his work sometimes. And there I found the articles in the indictment; the iron shoved pans have my marks; two pair of hinges, them I cannot swear to, but such hinges were in the warehouse where my pans were. They were locked up in a closet.
Q. Who was present when the closet was opened? - The constable. Three keys are remarkable, that I can swear to by a particular make. I missed keys often, but I cannot swear but to three. I did not know these three were missing till I see them there.
Q. Did you know the shovel pans were missing? - No.
Q. Will you venture, from the observation you have made, to swear that the pans, and the keys are your property? - Yes, I can.
Prisoner. The keys were my own property that I brought out of the country with me.
I went down with the prosecutor to the prisoner's apartment, and in a closet by the side of a fire prace ( we found the closer locked, we demanded the key, and it was sent for) after we opened it we found these things. (Produced.)
Q. How did you get it opened? - We
Q. To Prosecutor. On finding these things, did you go home and search your warehouse, and from that search can you say that these things were missing from your house? - I cannot really say, but I know the mark.
Q. Did you ever authcrise the servants to take those things, or to sell them for you? - Never.
Q. What is there singular about these keys? - The clumsiness about the throat; I had a dozen let made, and I did not like them at all.
Q. Did you miss them out of the dozen? - I did.
Q. You told me that on examining your house and shop, you could not miss any? - I thought you meant the shovel pans. I had only three keys left out of the dozen, and they were missing.
Q. What became of the others? - I don't know.
Q. Might not some of these keys with clumsy backs be sold in your business? - I don't know but they might. As to the pans we never fell them in this state, we join them to the handles.
Prisoner. The material goods I am accused of I brought up out of the country, being in business for myself, and the keys I brought from Woolverhampton, which I believe there are not such keys made in this part of the country, none of the kind.
Q. To Prosecutor. Is there any thing in the appearance of the pans that you can say they did not come out of the country? - I am positive, because I bought them in London. He worked with me a twelve month, and I never found any thing amiss before.
The prisoner called one witness who gave him a good character.
GUILTY . (Aged 20.)
Imprisoned one year , and fined 1s.
Tried by the first Middlesex Jury before Mr. RECORDER.
340. SARAH PENN otherwise MACKNARA was indicted for feloniously stealing, on the 23d of May , a silver watch, value 2l. 10s. a steel chain, value 1s. a meral seal, value 2d. and a metal key, value 1d. the goods of John Wilson .
I am a labouring man . On Witsun Eve, between the hours of four and five, the watch hung at my bed side; I was out in the garden, watering a few Windsor beans, I and my wife; I keep a little bit of a house in Friths-Gardens, close by the White Horse, Marshall-street, Westminster .
Q. Was this woman a lodger in the house? - No, she worked opposite, making soldier's clothes.
Q. Did you see her take it? - No.
Q. Did you see it on her? - No I first knew it was missing about five o'clock, I saw it about ten minutes after four.
Q. Have you ever seen it since? - Yes; I see it in the shop of Mr. Grayhurst, I believe he calls himself a jeweller, the 15th of June.
Q. How soon after the day you lost it? - I believe it was three weeks.
Q. Did you know your watch again? - Yes.
Q. I suppose it is produced here? - It is.
Q. Who has had the care of it since? - Mr. Grayhurst.
Q. You did not see this woman in your house at any time? - I have seen her frequently come to light a candle.
Q. Did you see her on the day of the robbery? - I don't know that I did; I cannot recollect so far as that.
My husband is a watchman; I take in washing; the prisoner lodged at our house.
Q. Was she there on Witsun Eve? - Yes.
Q. Is she a married or a single woman? - Single for what I know. The prisoner brought me the watch on Witsun Eve.
Q. Should you know the watch again if you was to see it? - Only by a silver cap that I took very little notice of.
Q. What time was she with you? - In the evening, between seven and eight. She told me that she and her brother had been at variance some time; that it was her father's watch, and her brother had given it her to make it up with her; she said she did not know much of the young woman that slept with her, and she was not coming home to sleep that night; she left it with me till Monday morning; she asked me to take care of it for her.
Q. When did you give it her back again? - Monday morning, after breakfast. I did not see her from the time she gave it till then.
Q. Did she return to your house on Monday? - Yes.
Q. How long did she lodge there after that? - I believe for about a month; she had been looking after a young man, and he went into the Infirmery, and she said she had an opportunity of sleeping in the house where she had been looking after the young man.
WILLIAM GRAYHURST sworn.
I am a jeweller, I have a watch, my brother bought it, I was out of town.
Q. Is he subpoenaed? - No, he cannot.
Q. How did you get that watch? My brother left it in the care of me when he went out of town.
Q. Have you kept it ever since? - Our man has, and he knows all about it, better than I do.
JAMES INNIS sworn.
There are two Mr. Grayhursts, this gentleman and his brother. I came to the shop on the 26th of May last, and my master, Mr. Michael Grayhurst , that is now out of town, produced this watch to me, and asked me what I thought the watch was worth? after I had examined the watch I told him it was worth twenty five shillings; then he related the story to me, how he came to give thirty shillings for the watch. This is the watch, but I have made many alterations in it since.
I am a watch maker, I have repaired the prosecutor's watch frequently, and this is the watch.
Q. How long ago is it since you repaired it? - March last; I have the name and number set down in my book, "Price, London, 1752."
I am a constable, belonging to the police office. Queen's-square. On the 15th of June, Monday John Wilson, the prosecutor, called and told me he had
Q. Did you tell her what the charge was? - I did.
Q. Did you mention the prosecutor's name? - I did, I asked where the duplicate was? she said she had not pledged it, she had sold it.
Q. Did you make her any promise? - No; she wished to speak to Wilson; I told her I would speak to the magistrate, that she should speak to him before the magistrate.
Q. Then you did not recommend her to do it? - I did not, her friend did that was in the house, but I did not say any more than what I tell your lordship.
Q. I understand that this conversation with you, was as you was going along? - Yes.
Q. Then what the person said, that it would be better to confess, was after? - No, it was before, in the place where I apprehended her, but I did not say any thing to her then.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
341. ANN EDMONDS was indicted for feloniously stealing, on the 20th of May , two cotton gowns, value 1l. 10s. two silk cloaks, value 1l. 4s. two dimity petticoats, value 14s. six yards and a quarter of cotton, value 16s. a muslin handkerchief, value 1s. 6d. at pair of stockings, value 2s. and five shilings in monies numbered , the goods and monies of Michael Mac Dermont : and CATHARINE, the wife of John EDMONDS , was indicted for feloniously receiving, on the 20th of May, a silk cloak, value 12s. two dimity petticoats, value 14s. a pair of cotton stockings, value 2s. being part of the before mentioned goods .
I am the wife of Michael Mac Dermont, in Market-lane, in St. James's parish; I lost the property the 20th of May; two silk cloaks, two gowns male, and a piece of cotton; two dimity petticoats, and a muslin handkerchief, a pair of stockings, and five shillings in silver.
Q. Where were those things taken from? - They were taken from Market-lane , out of a box, between four and five in the afternoon, by the girl, Ann Edmonds ; I never knew her, nor ever see her but three days before that; she came to me where I sat, facing the Prince o Wales, selling fruit; she came to me, and had a kind of blanket on her, in ead of a bed gown, and I asked her what she was doing about me? I thought she was wanting to take some of the fruit from me; I asked her what male her stand so close to me? she said she was doing no harm, and she wanted a broom to earn some money, to get some victuals; and I sent her home to my siner, in Market-lane, and my sister gave her a broom, and she got four-pence mispenny that same day, from gentlemen; I thought it was
Q. Where were you sitting? - Facing the Prince of Wales's.
Q. Did you see the things taken away? - No, I did not.
Q. How soon did you discover they were gone? - I went up to the house, and I found the box open, and I cried out to my landlord, that my things were out of the place; and a little boy told me; I went after her the day following, I went to enquire where she lived before, and I found out that her father was a patrol in St. Martin's parish; I went to the watch house-keeper, and asked him if he knew such a person? he said he knew he lived about Westminster, but are did not know what street.
Q. Is Catherine Edmonds her mother? - Yes. I found them between ten and eleven o'clock at night, on the 21st. I found two petticoats, a silk cloak, and a pair of stockings in her box, in her own room, and she had the duplicate of my gown in her pocket.
Q. Had she got any of the clothes on? - No. And five shillings was lost too, I did not find the money, but I found the purse which I left in the box, laying on the chair when I went in.
Q. Where is the duplicate? - The beadle of the parish has it, he took it out of her pocket before my face.
Q. Have you got the duplicate? - Yes; I took it out of Catharine Edmonds pocket. Here is the purse, it was laying on the chair.
Q. To Prosecutrix. How did you get the box opened, in which the clothes were? - When the gentleman here insisted on it that he should get it open, then she gave the key out of her pocket.
Q. When you got that duplicate, what did you do with it? - The gentleman brought it before justice Bond.
Batborn. The duplicates were all torn, except this one. After we had been at Bow street I went to the pawnbroker, Mr. Brown, Strutton-ground, Westminster, where the gown was pawned.
I live with Mr. Brown. I produce a gown, I received it of the little girl at the bar, on the 21st of May; nobody was with her.
Prosecutrix. This is my gown, all the red of the things are mine, but I cannot swear to the stockings, because they are not marked, I never worn them.
Mr. Peat to Temple. You say that the little girl brought that gown of your house; there were no other things found there? - Nothing else.
Q. To Prosecutrix. You live where? - Market-lane. No. 12.
Q. What induced you to think it was the box of the mother of the prisoner? - I did not think any thing about it only I would get all the boxes searched.
Q. Did you in fact know whose box it was? - I do not understand you.
Q. You know if you have any thing in your room, you know whether it is your own or somebody else's. What made you think the box to belong to Edmonds, the mother of the girl? - I don't know who it belonged to.
Q. You say you sell fruit for your living? - I never sold fruit till last May,
Q. You never let lodgings to women of the town? - No, I never did any such a thing.
Q. How came that little girl to know any thing about your apartment? - She came to me while I was sitting facing the Prince of Wales's house.
Q. Did you at all know, or imagine what sort of a life the little girl led, or what she employed herself in? - I did not imagine any thing at all about her, because she was so young.
Q. Did you ever lend her any clothes, in order that she might adorn that sweet person of her's? - I never did.
Q. Did you ever lend clothes to any girls of that description, in order that they might dress themselves? - No, I never did, because I am almost a stranger in London.
Q. Nor you was not at all apprised of that little girl's mode of conducting herself, nor how she got her bread, you are sure of that? - I never knew any thing of her before that time; she got four-pence halfpenny that day that I gave her the broom.
Court. Was the sweeping the street? - Yes.
Mr. Peale. Then she never told you that she got a few shillings, more or less, of gentlemen. I am not supposing that you was present, but whether she told you how she got money? - She did not.
Q. Then in fact you never lent her any clothes? - I never did.
Court. Pray were these clothes your own wearing apparel? - Yes, they were.
Court. They would not sit that girl?
Mr. Peale. Why did you introduce her to your lodging? - She told me she had neither father nor mother.
Q. Then you don't know who took them from your trunk, or chest? - I do not, no otherwise than I found them at her mother's.
Q. What is your husband's christian name? - Thomas.
Q. You are the sister of the last witness? - Yes.
Q. Do you live in the same house? - Yes.
Q. Where you at home when the things were stole? - No, I was selling oranges. I lost a gown made, and a piece for a gown unmade; they are here.
I live with Page and Co. St. Martin's-lane; I have got the unmade gown, the girl brought it, and said she brought it from her mother, on the 20th of May.
Hunt. It is mine.
FRANCIS STILES sworn.
I produce a gown, I got it from the prisoner at the bar, the girl, on the 20th of May. I live with Mr. Winksinan, the corner of Bull yard, Broad-street, near Middle-row, St. Giles's.
Q. To Patborn. How did you find out the things were at the pawnbroker's? - The girl told me; I asked her where the duplicates of the rest of the things were? and she said she had tore them. I asked her her reason for so doing? and she said the thought her mother would got them; and take the things out; her mother was present at this, and said no
On the 20th of May I lent twenty shillings on this gown patch.
Prosecutrix. It is mine.
To Armstrong. Who did you lend it to? - To the best of my knowledge it was to the girl, she was alone.
Mr. Peate to Prosecutrix. You found all these things in some room, which you understood to be the mother's room; did the little girl tell you how she had left her mother? - She said that she had parted with her.
Q. But you was not at all surprised when you found her at the mother's? - I was greatly surprised.
Q. If you had a child you would have taken her in in that situation? - Yes.
Q. And if she had brought things you would not have thrown them out of window, you would have suffered the child to have laid them down? - I would have sent them back, or else I would have enquired to whom they belonged.
I produce a gown, I took it in of the girl.
Q. You are a pawnbroker likewise?
Prosecutrix. That is my gown.
Prisoner Ann Edmonds . I went up to see the Prince of Wales's wedding, and this woman asked me if I had any where to go? and I told her no, and she gave me these things to go along with gentlemen, and my mummy did not know nothing at all about it; and then she said she would make me pay for them, and so I took them to my mammy's, and my mammy wanted to know where I was, and I was afraid to tell her. She stripped me of my own clothes, and sent me to have my cars bolt.
Court. How old are you? - Between eleven and twelve.
Prisoner Catharine Edmonds . The child left me the day the prince of Wales was married, which was the 8th of May, I never set my eyes on the child no more till the Wednesday before Easter, and when she went she had not a stitch on her but a flannel coat, and she sent for me at ten o'clock at night, and she was dressed in that manner that it astonissed me to see her.
Prisoner Ann. They told me they would transport my mammy, and my old rascal of a daddy, and said they would do for me.
Prisoner Catharine. At ten o'clock I found her dressed with a straw bonnet, and that cotton gown drawn up, and that black silk cloak drawn about her, and a petticoat that dragged on the ground, and not a stitch on that she took away with her.
The prisoner Catharine Edmonds called three witnesses who gave her a good character.
Prisoner Catharine. The duplicate was not taken from my pocket, it was on the mantle piece, the child put it there.
Fined one shilling .
Catharine Edmonds, GUILTY .(Aged 40.)
Transported for fourteen years .
Tried by the second Middlesex Jury before Mr. Justice BULLER.
WILLIAM PORTER sworn.
I am shopman to Mr. Thomas Clarke , linen draper , the corner of Drury-lane, in Holborn . On Tuesday, the 26th of May, some lads came into the shop, and informed me that there were two or three men at the window attempting to steal some goods: in consequence of which I went out at the Holborn door, and went into St. Giless' property speaking, and went to an opposite neighbour's, went into the shop, where I looked through the window, and see the prisoner at the bar and another person standing; the prisoner at the bar was then endeavouring to pull down these shawls; they hung upon some blind irons; the other person that was with him seemed to be looking about and sometimes talking to him; he pulled at them repeatedly, there were many people looking at the goods, standing at the door; at last he pulled them off the iron which they hung upon, and herolled them up together, and put them up underneath his coat. As soon as I see him do that I came out from where I was standing; he was then just going to run away down Drury-lane, and before he entered into Drury-lane I caught him in my arms with these shawls underneath his coat.
Prisoner. I have got nothing at all to say.
GUILTY. (Aged 16.)
Judgment respited .
Tried by the Second Middlesex Jury before Mr. Justice LAWRANCE.
On Friday morning, the 26th of last month, in St. Ann's-lane, Westminster, I went with the prisoner at the bar, about half past twelve that morning; I met her in the Strand, and being intoxicated she induced me to go home with her at that hour; I had been at my friends that night; I went home with her to her lodging, where I remained till about half past seven, and at half past six in the morning I awaked in her apartment; when I awaked I found my watch in my pocket safe; and being amazed at the place I was in, I got out of bed and dressed myself, went to the window, and found the morning very disagreeable and wet, and did not like to go out at that time; I sat in the chair and dozed a little, and afterwards fell asleep, and in the same time the prisoner at the bar got out of bed, she drew my watch out of my pocket while I was asleep, and at her drawing it out I awaked, and I perceived it in her hand; but seeing a soldier in the room, and another woman, I was afraid to make much resistance in getting my watch from her; I told her to give me my watch, but she refused it; I asked her for the watch, she would not give it me; she said, she would pawn it for half a crown; then the other woman and the prisoner went
Prisoner. Ask him whether he did not give it me to pawn for five shillings, because he had no money? - When I met with this woman I had five or six shillings, but that money I either gave to her, or she took it from me, I cannot, tell being so intoxicated.
I am one of the constable of St. Margaret, Westminster. On Friday, the 26th of June, between the hours of eight and nine in the morning, I apprehended the woman, we went to Queen-square office; there were a parcel of soldiers, and a scuffle ensued between the prisoner and prosecutor, and he took the watch out of her bosom, and delivered it into my care, and I produced it at the examination before Mr. Kirby, I delivered it there to the prosecutor.
(Produced and deposed to.)
Prisoner. I met this gentleman Friday morning, he had no money, and he slept till between six and seven o'clock; he gave me the watch to go and pledge to pay myself, and get some coals; I was to have four shillings; and his coat was all over mud, and he wanted it dried by the fire before he went out.
Bowes. As I took her along she was very much intoxicated with liquor; I asked her what she had done with the watch; she said she had not made away with it. I was surrounded with a parcel of the guards, and I was very much afraid of a rescue.
GUILTY . (Aged 22.)
Transported for Seven years .
Tried by the Second Middlesex Jury before Mr. Justice LAWRENCE.
GEORGE WARDLE was indicted for feloniously stealing, on the 30th of May , twelve Russia mats, value 30s. the goods of Richard Hughes .
I live at Mill bank, Westminster ; I lost a dozen of Russia mats; they were taken off of the crop in the garden, in the night; I came home about half after twelve the next day; I met the man who I left watch the premises, who informed me that I had been robbed, and the man was then in the watch-house. I see twelve mats at seven o'clock the evening the same night.
Q. Do you know whether them mats were your's? - No, I cannot swear to that.
I was employed by Mr. Hughes to watch his ground, in the night of the 30th of May, I happened to see this man; he was wrapping up a parcel of mats; and on my coming up, he ran away; and I told him, if he did not stop I would blow his brains out; and I came up and took him into custody, and took him into St. Martin's watch-house.
Q. He was taken in the garden? - Yes.
Q. Was he in a place where the mats were placed over the glasses? - No; in a different part of the garden, where there should be no mats. Before my master came home I missed six from one part of the ground, and Mr. Hughes missed six more from another part of the ground, what I knew nothing about; the six that I missed had been on the glasses.
Q. How far had he carried them when you see him bundling them up? - I suppose about eighty yards.
Prisoner. I was coming that way, and I see three people come out of the garden, and I asked them if I could cross over that way to Tothill fields? they told me I might; and as I was coming along this man called out, who are you? Stop, or I will blow your brains out. He startled me, and followed me, and laid hold of me. As to the mats I know nothing about them. I came up from the country about two months ago.
Transported for Seven years .
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
345. JOHN WILLIAMS , otherwise SCHOFIELD , and ELEANOR WILLIAMS were indicted for feloniously breaking and entering the dwelling house of Michael Sullivan, about the hour of six in the afternoon, on the 23d of May , no person being therein, and feloniously stealing two linen shifts, value 2s. a man's silk handkerchief, value 5s. a kerseymere waistcoat, value 3s. two muslin caps, value 2s. a cotton counterpane, value 1l. a pair of blankets, value 1s. a pair of linen sheets, value 14s. a pair of pillows and pillow cases, value 16s. a linen table cloth, value 7s. six check aprons, value 4s. six pair of cotton stockings, value 6s. three linen handkercheifs, value 3s. four linen towels, value 1s. 6d. the goods of the said Michael Sullivan .
Q. When had you seen all these things in the house? - On the morning that I left the house.
Q. When you came home at night they were all gone? - They were. This pair of cotton stockings were found in the place of the said prisoner at the bar, and these two linen shifts. The two prisoners lived in one house together, cohabited together, next door to where I live.
Q. And when did you find any of these things? - On the next day. A pair of stockings,and a linen shift, and a kerseymere waistcoat, and two silk handkerchiefs, I found pawned with Mr. Lloyd, in Drury-lane, by Ann Taylor; which the owned before the justice to be given her by the prisoner, and I also found two muslin caps in the prisoners house, which are now produced.
Q. Is that all that you found in their house? - Yes.
Q. Were those articles your's? - Yes. When I found my place stripped I went to the pawnbroker's to see what I could find, and I found two silk handkerchiefs at Mr.Lloyd's.
Q. Did you ever get the duplicate of them? - No, that is all that I got; I never got any more. I have heard that they sold them in Phoenix-alley. They opened a box that was in the house,and took two shirts out and several other articles which I cannot recollect; the trunk was full of linen; the shirts were worth a guinea.
Between the hours of two and three o'clock this day of the robbery, Mr. Schofield he borrowed my poker, and after having the poker about an hour or an hour and a half, he brought it back, it was beat flat, and when I asked him how it came to he beat flat, he said never mind, I will tell you by and by. In about half an hour after that he brought in two bundles and separated them out into three; they each one took one into Phoenix alley(the two prisoners at the bar) and I was afraid of my husband's coming, and his being angry at my keeping such company, I took the third myself into Long-acre, and he took it out of my hand to take it into Phoenix-alley; I was to stay there in a public house till they came.
Q. Did you? - Yes; and he took it of me himself. After that, when they came home again, (they were gone about half an hour or three quarters.) they gave me these two silk handkerchiefs to go and pawn them; and using Mr. Lloyd's shop I took them to Mr. Lloyd's for three shillings; I gave the money and the two tickets; and about ten o'clock they came and found the handkerchief in my name, and they took me out of bed,and I told them who gave me the handkercheiefs, and they were taken in the morning, but before they were taken John Schofield came to me and got me to write a letter to Mr. William Gibbs, in Phoenix-alley, he keeps the public house where the things were, to send him some money; he sent it him on Sunday, but he was not at home, and his wife did not send them any, but on Monday he sent some.
Q. How much? - I cannot tell. When I was in the watch-house they conveyed some things into my room, they were not taken for some hours after that.
I am the wife of Michael Sullivan;I attended the search, on the 23d of May, in the prisoner's apartment; I see a few sorrounding things, an old stannel petticoat, and things that were not worth mentioning, that we did not miss; this gown that I have got on my back we found in the yard behind the house, they had dropped it in lifting the things over into their yard; I left it under a large table in my parlour, before I came here last Session, and a coloured apron.
Prisoner John. That there very woman, Ann Taylor , came up into my apartment, and told me that that man and that woman were gone out, and she went over the way to the smith's to borrow a poker, and the smith lent it to her, She had before this been trying to break open this door with a pair of pincers, and I asked her, where did you get the pincers? says she, over the way; and she had been trying to break open the door for half an hour, and she went and brought the poker and broke open the door, and took the things out and took them into her own room; more then that she went with two silk handkerchiefs and pawned them at the pawnbroker's in Drury-lane; the pawnbroker never see me in his shop. This woman prisoner is very innocent of the affair; the knows nothing at all about it, for she was out at a day's work on the very day it happened, at the White House, in Long acre. My room was left open all the night long, they might put what they liked in it.
Prisoner Eleanor. I am innocent; I was out and did not come home till about nine o'clock; I never heard any thing about till they put me in the watch-house.
Prisoner John. She is as innocent as a lamb.
Ann Taylor . If you please to believe me, she was picking her gown to pieces in my room when the act was done, a black gown; and she sent a man on Sunday to convey them out of my room, and he called her out, and about ten minutes after that he came in and brought the poker.
Prisoner Eleanor. I was not in the place at the same time. I hope you will look into it.
Q. To Taylor. Where did she go? - She was gone round and brought one of the bundles in her hand when she came in; she said she stood in the yard to receive it, it was a low wall.
John Williams, GUILTY.(Aged 36.)
Eleanor Williams, GUILTY.
Of stealing only .
Transported for Seven years .
Tried by the Second Middlesex jury before Mr. Justice BULLER.
346. JOHN HORTON and THOMAS MANN were indicted for feloniously stealing, on the 5th of June , three bushels of coals, value 4s. the goods of William Jones ; and an hempen sack, value 2s. the goods of John Ausell .
I live at Enfield, a coal dealer; I employed Mr. Ansell's waggon, at Edmonton, on the 5th of June, to cart coals from a warehouse that was formerly Mr.Lock's, on the river Lee. The coals were my property, John Horton was to cart them to Mr. Cooper's, of Enfield.
JOHN ANSELL sworn.
I cart for Mr. Jones; John Horton was my carter. On the 5th of June he had twenty-six sacks out from me, to put the coals in; whether the coals were put into them I cannot tell; the waggon staid out very late, and I sent out my nephew to know the reason.
- KENNINGTON sworn.
On the 25th of June, in the morning part, Mr. Ansell's man called at my house with the team, at the Horse and Groom, at Edmonton, he was by himself at first; the team stool at my door, and my man fed the horses.
Q. What was in the waggon? - Coals I should suppose, unless it was black sack. The man came into the house and had a pot of bee and two-penny worth of bread and cheese; the other two who came to unload, came in a little time afterwards. The prisoner at the bar, ThomasMann, and William Mann that is absent, they had two pots of beer to the best of my knowledge; they told me they should pay me at night, when they had done their day's work. They then goes out to drive the waggon to Enfield, where they were going to unload; they then asked my man whether I would take a sack of coals? I did not hear that; they returned with the first load, and called as they came back with the second load; about half an hour after I see a black sack in my premises, unknown to me.
Q. Did they all three call with the second load? - I believe they did; I believe I see them all to the best of my knowledge; I was very busy; I ordered the sack to be taken out.
Q. What was in that sack? - I did not examine it.
Q. Was it full or empty? - Full, or nearly. When the waggon came the second time the men called and had another pot or two, and I believe they had a pot of beer given them besides. They then paid me for the beer and bread and cheese that the men had had in the course of the morning; and I know no further about it.
I lodge at the Horse and Groom; I am a labouring man.
Q. Did you live there the 5th of June? - Yes, for these twelve months; I was a hottler for a week. They came up with the waggon, and I went out to feed their horses, as I do other peoples. Horton came with it.
Q. Did the others come with him? - I cannot say for that. I watered their horses and gave them hay; when they came out again they gave me a penny for my trouble, which is my wages; Horton and Thomas Mann set off with the waggon; and William Mann after a few steps, returned to me and called me by my name, and asked me if I would ask my master if he would take a sack or a couple of sacks? I asked my master, and he said, no, by no means, he would have nothing to do with it. They returned from Enfield Downs, and coming back again they asked me what my master said(this was when they returned with the empty waggon) I told him he said, no; he said, he was very glad of it, he had got a better customer, or something of that. They watered their horses, and they went away again; and they afterwards returned; but in the mean time there was a post chaise came up, or a couple, and I was feeding their horses; I let off to take their horses into the stable down the yard, while I was gone they had pretty well done, and Thomas Mann told me that he had left a sack there while he came back.
Q. Where was Horton then? - I did not see him; they went away, and I goes into the stable to clean the horses.
Q. When William Mann asked you if your master would have a sack, and you told him he would not, where was Horton then? - I cannot say, he was not with him, he might be in doors for what I know.
Q. Did you see the sack? - I see it before it was taken away, it was put in the yard.
Q. Where did they put it? - I don't know.
Q. Where did you first see it? - In the yard.
Q. What was in the sack? - I don't know, it was a black sack.
Q. Where is it now? - I don't know.
Q. What became of it? - It was taken away when they came back with the waggon empty.
Q. Who took it away? - I don't know.
Q. To Jones. Where were these coals to go? - To Mr. Cooper's, at Enfield.
Q. Was the examination in writing? - Yes, it was.
Both Not GUILTY .
Tried by the second Middlesex jury before Mr. Justice LAWRENCE.
And a fourth COUNT, laying it to be the property of persons unknown.
I am a watch and clock maker; on Monday evening, the 22d of June, between the hours of nine and ten. I was then within a few doors of my own home, when I perceived the prisoner, John Bradley , passing me, with an iron shore grate on his back; I had not gone many yards further before I see a hole belonging to an iron sewer, left entirely open, from that circumstance I suspected that he had stolen it; I resolved to follow him, which I did, to a house in James's street, Grosvenor-square; when I see him in the passage he was standing with his hands on the bar of the sewer grate; I went and informed the watchman in the street, and he went there and secured him. It was an iron grate, such as are over sewers in general, on the surface of the ground, fixed in under the pavement.
NOT GUILTY .
Tried by the second Middlesex jury before Mr. Justice LAWRENCE.
Q. Where do you live? - Great St. Martin's .
Q. Did you lose a shawl at any time? - Yes, some time in February, a buff coloured shawl, with a kind of black leaf on it, out of my drawer in the parlour; I pulled it off my neck on Tuesday morning, and on the following Friday I went to wash it, and it was gone.
Q. Did you ever have it again? - No, I have seen it at the pawnbroker's since, last week.
I have got the shawl (Produced.) It was taken in on the 12th of February on pledge, of whom I really cannot tell, I believe it was taken in by me, but I have two young men that write tickets, and it is one of them that wrote the ticket.
Prosecutrix. I know it by the particular dirt I made in it when I left it off, and by my suckling my child when I had it on, because it is dirted with it, it is not marked.
Q. Did you know the prisoner before? - I knew her by coming sometimes to my shop, the had lived sometime before with a woman in the kitchen out of place, in the same house where I live.
Q. Did the live there then? - No, the woman was gone away as well as herself. I left her in the room, when I missed my shawl; she called in one morning for something the wanted in the shop; it was before I missed my shawl that the was in my apartment; I left her in the parlour about ten minutes, rocking of my child, I went into the shop to serve some people; whether it was Tuesday, Wednesday, or Thursday I don't know.
I went and took the prisoner, and I searched her, and I found a number of duplicates, and among the rest there was this for a shawl, and Mrs. Skeele went to the pawnbroker's, and said, it was her's; I went after her about another affairs; when I went to the closet to take hold of the little cannister, the flew at me, and tried to get it out of my hand, and said the wanted some snuff, and when I opened it it was full of duplicates.
I made the shawl for Jane Skeel, I made one part with buss silk, and part with white thread.
Prisoner. The shawl that I am accused with I bought at the end of New-street, I gave five shillings and sixpence for it.
Q. Have you any body to prove that you did buy it? - I have nobody, I have been confined.
Not GUILTY .
Tried by the second Middlesex jury before Mr. Justice BULLER.
349. MARY, otherwise MARIA HUTCHINSON , was again indicted for feloniously stealing, on the 15th of June , a muslin neckcloth, value 3s. a check linen apron, value is 1s. a cloth linen apron, value 2s. a woman's silk hat, value 1s. a flat iron, value 6d. a silk handkerchief, value 4s. an iron japan candlestick, value 1s. 6d two japan tea pots, value 4s. two pewter plates, value 2s. and a haat, value 8s. the goods of John Jeavers .
Q. What is your husband's name? - John.
Q. Did you at any time lose any clothes? - I lost them at the time that this prisoner at the bar was in my house; the first time I see her was the 1st of May, and I took her to work for me the fifth.
Q. How long did she remain in the house? - A month; I missed a white apron and a coloured apron the first week that she came; I missed the next week two cotton handkerchiefs, I did not miss the rest of the things till the day before she was taken; I missed a whole ham, and a silk handkerchief, and a black silk hat, and two pair of japan candlesticks, two japan tea pots, four pewter plates, a flat iron, a white muslin handkerchief, and a neck handkerchief.
Q. When had you seen the ham? - The Saturday week before she was taken up.
Q. You had seen these last things after you had missed the white apron, and the coloured apron? - Yes. We found the muslin handkerchief in her room, and her hat. She did not sleep in my house at all.
Q. Did you go to her lodging? - Yes, I went myself on the 15th.
Q. What did you find there? - A white muslin handkerchief, a snuff box, a black silk hat, and ticket. (The handkerchief produced.) It is mine. The hat was left in the cupboard of her room; we found them altogether in the cupboard; the snuff box handkerchief, and hat.
Q. Where did you find the other things you lost? - We did not find any of them, only the ticket of a silk handkerchief, and I have been at the pawnbroker's and owned it; the pawnbroker has got it, he was not bound over to appear.
- MILES sworn.
Q. You I suppose went in search of the ham? - Yes; I found this muslin handkerchief crammed into the head of a bonnet, or hat, and the snuff box was in a little jar.
Prisoner. I was there of days, but I was not there of nights; I went at seven o'clock in the morning, and staid till eleven o'clock at night; one night it rained and thundered very hard, and I had nothing to come home with, and she lent me the old hat, another night she was leaning on two chairs, and had two or three glasses full of rum, I then asked her to lend me an iron to iron a cap? I took the iron and pawned it for sixpence, being very much distressed; them two neck handkerchiefs she lent me to tie over my head, the night it thundered and lightened.
GUILTY . (Aged 35)
Twelve months in the House of Correction and fined 1s.
Tried by the Second Middlesex Jury before Mr. Justice LAWRENCE.
ELIZABETH WATSON sworn.
Q. You are shopwoman to the prosecutor? - I am.
Q. In consequence of some conversations that had passed between you and your master, and you and the rest of the ser ants in the house, you was induced to observe the conduct of the prisoner at the bar? - I was induced to stop him. He was a porter.
Q. Your master is Mr. Phillips, who keeps a china and glass warehouse , in Oxford road ? - He does. He was going out with a basket on Tuesday, the 16th of last month, he told me he was going to the engravers, I told him to wait a little,
Q. Did he set down his basket? - He did in the back of the shop; he had occasion to go up for something for a customer, and I weighed the basket by the handle, and I knew it was more than mug; he told me the was going to carry out glass mugs, I asked him what quantity? he told me eighteen glass mugs, or thereabouts, to carry them to the engravers's, to put a border on them. It was before that that I had felt in the basket; he did not say the number at first.
Q. You examined the basket, what did you find there? - I only felt in the basket; I found one ale mug under the mugs, and at the bottom of the basket I found a row of tumblers, put one within the other; I left the basket for a considerable time; after that I sent him out of an errand, and I felt again to be sure I was right; the basket then stood there till about three o'clock I said I would go up stairs, and desired mine to wait till the shopman came in, he said he would as there was nobody there; I went up stairs, I came down some time after, and I saw the shopman and him standing together, over the basket, and John Miller had taken some tumblers himself out of the basket, in order to satisfy the shopman himself what was in the basket.
Q. Did he say any thing in your presence, respecting them? - Being asked if that was all, he said yes. He went away and left the articles on the floor.
Q. You say that you thought that there were these little articles in the basket, more than what should have gone to the engraver's? - Yes, there were.
Q. And he took them out and left them in the shop? - Yes.
- JONES sworn.
Q. You are the shopman, are you? - I am.
Q. In consequence of some information did any thing pass between you and the prisoner, on the 10th of June? Yes, I came in from my dinner on the 10th of June, and by a trunk which he was going to take out, which was his own, there was a basket; there came a customer in the shop, I went to serve him while he went to his dinner, and before I had done serving the customer he was going out with this basket, and his own trunk; I asked him what was in the basket? he said some few mugs, going to the engraver's; I asked him how many? he said at first four, I then observed that it could not fill the basket as full as it was; he went towards the door, I went after him, and desired he would tell me particularly what was in the basket, that I might set them down right, and then he made two or three ifs and ands, and he said he believed there were half a dozen, and I found his speech betrayed him, and then I followed him till he came to the stone steps, and he looked at the pattern mug, which was marked sixty-seven, and then I observed there were other things in the basket, and when he pulled out six glass mugs and the pattern, I desired he would pull the rest out, which were twenty-two half pint tumblers, and eight ale glasse, them he pulled out of his basket, and set them on the floor, and went to put them in their proper place, where they came from, I told him not to do it, but leave them there and go to dinner; he was so flurried he did not say any thing.
Q. In consequence of this you got a search warrant? - My master did.
Q. Was a warrant applied for? - It was.
Q. Was you present when he was taken? - I was. When we came up first to him he was sweeping the door with a broom, and he threw down the broom, and ran off without his hat, and my master cried directly, stop thief.
Mr. Alley. Was the examination taken in writing? - Yes.
Q. The prisoner at the bar used frequently to buy different things from your master? - He has before time.
Q. What are you? - A methodist.
Q. I thought so by your saying his speech betrayed him. I believe there is a little balance of two pounds twelve shillings between his master and him, that his master owes him? - There is I believe.
Q. The prisoner afterwards returned back to the house? - He did.
Q. And was taken in the house? - No, he ran away at the door.
- PHILLIPS sworn.
Q. Had you sent the prisoner out with these tumblers or ale glasses? - I had not.
The prisoner called four witnesses who gave him a good character.
GUILTY . (Aged 40.)
Transported for seven years .
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
The prosecutor and witnesses were called on their recognizance, and not appearing, the prisoner was ACQUITTED .
The prosecutor and witnesses were called on their recognizances, and not appearing, the prisoner was
Q. What relation are you to Joseph Shaw? - His wife; he lives in St. Martin's Le Grand . In about half an hour we missed three pots, and I suspected the prisoner, and I catched this one on her half way down the stairs where the pots stood; the pots were in the house on the stairs; I forced it from her; she would not come up at first, but I forced her.
Prisoner. I was drinking with my brother, and the smoaking tobacco overcame me, and I took the pot and went down the cellar to get a little water.
Not GUILTY .
Tried by the Second Middlesex Jury before Mr. Justice BULLER.
354. ELIZABETH WILSON was indicted for feloniously stealing, on the 24th of June a silver watch, value 30s. a steel watch chain, value 6d. a base metal seal, value 3d. and a base metal watch key, value 1d. the goods of William Richardson .
354. BURTON WOOD , alias THOMAS SIMTH , and THOMAS HARROD were indicted for feloniously stealing, on the 6th of June , two linen shifts, value 5s. and two pieces of muslin, value 1s. the goods of Charlotte Becket .
I live at No. 8, Great Sutton-street, Clerkenwell.
Q. Do you remember, on the 6th of June, seeing the two prisoners at the bar? - Yes, very well; the tall one I observed at a distance off, at Mr. Ghrimes, as I supposed lashing something to a long stick that they had in their hands; after that they both proceeded down to Mr. Ghrimes's house.
Q. Who had the long stick? - I cannot say perfectly; they were both close together. They looked at the house to see if any body were looking out of window, and up and down the street; on which the short one laid down on his belly, and presently I see him pull up from the window a piece of white linen, which the big one put in his apron, and went out to the middle of the street and looked round, and by that time the short one had another piece up with his stick, and after that he hooked up another; and by that time the watchman began to come his beat, and they walked away, and went down and informed the watchman what I had seen, and I went down the back street to endeavour to meet them, and before I got to the watchman again he had got Smith, the tali one; the other I did not see; then we took him down to the watch use, and there I left him.
Q. You are the watchman of the parish of St. James's, Clerkenwell? - Yes.
Q. You remember the last witness pointing out these persons to you? - Yes. This gentleman came over to me, just after four o'clock in the morning, and told me that he had seen two men lurking about there, and observed them drawing some linen out of an area window, and that the best way to take them was to go up the back street; accordingly we did, he went round, and I went the other way; I caught the biggest of the prisoners with the hook in his hand, tucked up his sleeve.
Q. Did you search him? - I did; he had nothing else but this.
Q. Where did you see the other prisoner? - We took him on Saffron-hill, the same morning, soon afterwards; he had a bundle in his hand, and that bundle contained the things that were lost.
HATRED BONNECK sworn.
I took the things out of his hand; I am a houseman belonging to the watch-house. When Thomas Smith was brought to our watch house, we asked him many questions; he downed on his knees and begged their pardon, and if they would go to such a number on Saffron hill, there we should find Thomas Harrod with the bundle. We went there, and could not find the things in the room; but standing a bit, he came up stairs with this bundle; (Produced) I stopped him and opened the bundle, and asked the prosecutrix if these things were her's? and she said they were. I have had them ever since.
Q. Who brought Harrod to the watch-house? - All of us.
I live in Sutton street, No. 52.
Prisoner Smith. I have one favour to beg, and that is to let me go to sea; I have been three years, and a half in the merchants service; I have got a wife and two children.
Prisoner Harrod. I would take it as a great favour if you would let me go to sea.
Burton Wood, otherwise Thomas Smith, GUILTY . (Aged 24.)
Thomas Harrol, GUILTY. (Aged 20.)
Transported for seven years .
Tried by the Second Middlesex Jury before Mr. Justice LAWRENCE.
I am a servant to Mr. James Vincent, he is a scale-maker . Between twelve and one, on Friday, the 19th of June, when I came home I found the shop surrounded with a number of people; I enquired what was the matter? they said they did not know. I went in doors and found the prisoner at the bar sitting on a stool; the apprentice, James Dudden , says, sir, this man has stole a seven pounds weight; Mr. Vincent was not in the way. This is a particular one that is kept for adjusting peoples weights about the town; the prisoner said, if I knew his situation I should give him a shilling and let him go; I told him that I should not let him, go, I should take him before a magistrate. I took him before the Lord Mayor.
I am apprentice to Mr. Vincent; James Atkins came, on Thursday, and gave an order for some scales, the 8th of June, and I wrote it down; he said they were not for himself, they were for a gentleman at Croydon, and he looked them out, and said, they would do, he was going to learn him the art of gingerbread baking, and he would bring him the next day to look at them. The next day he came again to know if this gentleman had been there to look at the scales, I told him no; he asked to wait till the gentleman came; I went to reach a pair of scales down and I happened to turn my back round, and I see him move his hand and took a seven pound weight off the board where I was, and put it into his basket; when he got the weight he said, I don't think that the gentleman means to come, I will go and get a glass of gin, he says, will you have one? I said, no, I have not had my dinner. With that he went to the door, and I said to my shopmates, that man has took a seven pound weight off the place that we use; and I ran after him, and told him he had got a seven pound weight; and he said, what weight? says I, that weight in your basket; and he opens his basket and says, take it again; I said, I will not touch it; and so the people round says, take him back, and so I took him back into the shop, and he put it down out of the basket on a bulk in the shop.
Q. Did the other witness, Chancellor, see it there? - Yes.
Q. Did you know that weight to be Mr. Vincent's weight? - Yes; I have had the use of it for six years; it is one that we keep for our own use to weigh the others by.
Q. Where did he take it from? - From the vice board where I was at work.
Q. Who did you give it to? - To the constable.
CHARLES SMART sworn.
Q. Did you take him back into the house? - Yes, with the weight in the basket.
Q. Was that the same weight that was afterwards seen Chandler? - Yes; he put it down himself in the shop; the constable had it afterwards.
WILLIAM GRAMBLAND sworn.
I see a great quantity of people about Mr. Vincent's, I went in. and asked what was the matter, and they said the prisoner at the bar had stolen this weight.
Q. Who gave you that weight? - Chandler gave it me.
Q. Was the prisoner at that time in the shop? - Yes.
Q. Have you kept it ever since? - Yes.
Dudden. That is the weight, I have no doubt about it.
Chandler. I have been in the habit of using it about twenty years.
Prisoner. I am a gingerbread baker by trade, through misfortunes in trade I have been obliged to leave my native place; coming along through Croydon I met a man who asked me what business I was? I told him; he said he was going to set up in that business, and if I would stop a bit he would give me employ, and he asked me if I was coming to London? I said, I was; he said, he should be at a public house in Thames-street the next day, and if he and I could agree he would put something into my pocket, being greatly distressed I had nothing to subsist upon for two days, but two rolls, which were given me by two bakers, and that induced me to do that rash action; I knew if I had engaged with that man, I should want scales and weights.
GUILTY . (Aged 57.)
Imprisoned six months in the House of Correction and fined 1s.
Tried by the London Jury before Mr. RECORDER.
357. JOHN MULLET was indicted for feloniously breaking and entering the dwelling house of Josiah Hallewell , about the hour of three in the afternoon, on the 1st of June the said Josiah Hallewell and other persons being in the said dwelling house, and feloniously stealing therein, sixteen guineas; one half guinea, and two hundred and forty halfpence ; the monies of the said Josiah Hallewell.(The case opened by Mr Knowlys.)
JOSIAH HALLEWELL sworn.
Q. I believe the prisoner at the bar was a lodger of your's? - Yes.
Q. Was he a lodger at the time that this offence was committed? - Yes, he was.
Q. On the first of June did you lose any money?
Court. None of the property was taken out of the room where he lodged? - No, none at all; all from my own bed room.
Q. How much money was lost? - Sixteen guineas and a half in gold, and two packages of halfpence, five shillings each. I had them on the Sunday night before.
Q. On Monday morning was there any property of any other kind missing? - Yes, a set of china. On that occasion the prisoner advised my wife to go out; we had a woman occasionally came to us, my wife's own sister, and she missed coming that day, and my wife went out to see the reason she did not come, and to enquire about the china; he told me that my wife had better go and see after her sister, perhaps she knew something of the china; I told her she had better go then; and as we had no servant, he said, he would assist me in drawing beer; and I returned him thanks, as I was very poorly. She went a little after two in the day; she came home about five minutes before five.
Q. What past, when she was away, between you and the prisoner? Did the prisoner assist you as he had promised? - Yes, he did; and he told me he had two friends of his coming to tea, and begged I would make tea for three, and let them have it a quarter after four; and in the mean time he went several times up and down stairs.
Q. Was this when your wife was absent? - Yes.
Q. What became of him afterwards? - He came down again, and sat down with his friend; one of his friends came and the other did not, he was a stranger, whom he had got some clothes to mend for, and they sat and had a pot of beer. In about a quarter before four he told me and his friend that he would go out about a little way, and in about a quarter after four he came back again; he was out about twenty or twenty-five minutes, to the best of my knowledge.
Q. What became of him then? - In the mean time I got the tea ready for three, then he came home, and came to our house, and they drank tea together.
Q. Did he stay at home till your wife came home? - No.
Q. Did you see him go out? - Yes.
Q. Did he say any thing before he went out? - When they had tea he said to his friend and his wife, (a woman that lived with him as his wife) that he had a little way to go, and he would meet them about the end of Newgate-street.
Q. Did he say where he was going? - No, not that I could observe.
Q. Whose wife was that woman? - A woman that visited the prisoner, who went under the denomination of a servant, but was another man's wife. She came and drank tea with him in the time of my wife's absence, in the back parlour, down stairs.
Q. Was his friend ever up stairs with him? - No, neither of them; nobody went up stairs but himself all the time.
Q. Then when your wife came back, how long was it before you discovered your loss? - It was about ten minutes, I am not positive exactly; I wanted change for a guinea, and I sent her up stairs to get a half guinea.
Mr. Knapp. How many persons may there lodge in your house? - About seven. There are two women with their husbands and four single men; eight in all.
Mr. Knowlys. How soon after did you see this man again? - I did not see him till the next day before the Lord Mayor. He staid out all night.
Q. Was he accustomed to stay out at night? - Never, only one night, and he apprised us of it before hand.
Mr. Knapp. Eight persons in the whole lodge in your house. Were any of them at home at the time you were making tea, or during the time that your wife was gone out? - Only one of the mens wives, Mary Williams; and she was very poorly in her own room, a two pair of stairs back room.
Q. Had you been up stairs after your wife went and before you sent your wife up for the half guinea? - No, I had not.
Q. Did any of the persons that lodged with you come home during that time? - No, they did not.
Q. So that the woman was the only one in the house. Did she come down stairs during that time? - No, she did not.
Q. Did any of the persons that lodged with you come home during the time? - She did not; I did not see her; she did not come down till nine o'clock at night. She was very much indisposed and big with child, and ill.
Q. How long had the prisoner at the bar lived with you? - Nearly four months.
Q. He had been very regular in his being at home of a night except this time that he had apprised you of it? - Yes.
Q. Now, one guinea you should know you say, it had the appearance of being a plugged one; have you ever had a plugged guinea before? - I have seen them before, but I don't know that ever I had one.
Q. This woman used to visit often? - She used to visit often.
Q. How lately had you seen your money before? - I see it on Sunday night.
Q. Had you been at home all day on Monday? - I never was out, only there about my business.
Q. Had your lodgers access to their different apartments, and been backwards and forwards in the course of the day? - They came in and out as usual; they came home as usual to their supper.
Q. The question I ask you is, whether they came in in the course of the day? - Yes, they did, as usual.
Q. This woman, you say, you did not see her that day before? - I had not before.
Q. Could not she have gone up stairs to see the man without your seeing her? - No; there is no passage to go up stairs without going either through the tap room or through the kitchen from the passage.
Q. You are the wife of the last witness? - I am.
Q. Do you recollect the Monday that you lost your property? - I do; the first day of June.
Q. Did the prisoner at the bar say any thing to you on that occasion? - I spoke to my husband first, and then to him; says I, Mullet, I have lost a set of china; and he says, O dear, Mrs. Hallewell, you
Q. Did you go? - I did, about a quarter or half an hour after that at the far theft. Before I went out I went into the bed room to put my hat and cloak on, and my husband gave me half -.
Q. Where is your bed room? - The one pair of stairs forwards.
Q. Was the bed room door open or locked? - Locked.
Q. Where was you to put the half guinea? - In a bureau where there was more money; I unlocked my bureau.
Q. Was it usually kept locked? - Always kept locked. I took a wooden box that I kept the money in, and put this half guinea in, and a guinea that I had in my pocket; and I counted the money out, and there were sixteen guineas and a half, with the money that was in the box before. There was one that was an old guinea, as I supposed it to be a plugged guinea, and I made a mark on it to shew it to my husband, I made a mark something resembling a T, to the best of my knowledge, there was a little black spot in the neck of it that appeared to be a plug.
Q. Was there any other piece of money remarkable? - A new bright guinea that I thought was a counterfeit from something that I read in the newspaper, I scratched that on the back of the king's head with two or three scratches, and a little scratch on the nose, I think it is a cross; one of these guineas was dated 77 and the other 88.
Q. How was your husband in health? - He was but middling in health. This Mullet offered to stop and draw a little beer for him.
Q. When you put the money into this little box, what did you do with it? - I put the box into a little well with a door in the bureau, where there were four pounds worth of halfpence in five shilling parcels, and I put two or three five shilling parcels on the top of the box, and locked my bureau, and locked the bed room door, and put the key in my pocket and came down stairs.
Q. How long after you had locked your bed room door was it that you set off to look after Betty? - Directly. As I was going out my husband said (the prisoner was present) will you leave the key, Nancy? perhaps I shall want change. I said, Oh! I shall not be long, you will not want it till I come back; the prisoner made answer and said, that is right, safe bind safe find, Mrs. Hallewell.
Q. What time did you return? - About a quarter or ten minutes before five. I went up stairs directly to pull my hat and cloak off in the bed room, as I always do.
Q. How did you find the door? - Locked as I left it. I went and stopped in my bed room a good bit; by and by my husband called for change for a guinea; I answered, and went to the bureau, took the key out of my pocket and unlocked it; I went to the box to get the half guinea out to give change for the guinea, and I could not find either box or money; all was gone.
Q. Did you examine your halfpence? - I did not miss the two five shilling
Q. Did you find any force made use of to your locks? - No sorce at all.
Q. I believe you communicated your loss to Mr. Willoughby, your neighbour? - I did.
Q. Was the prisoner at home when you came home? - He was gone. I sent for Mr. Willoughby, he was a constable.
Q. Did you expect the prisoner home that evening? - Yes.
Q. Did he come home that evening? - No.
Q. Did you stay up any time for him? - Till four o'clock in the morning.
Q. What became of Mr. Willoughby? - He staid up with me.
Q. You and your husband, and Mr. Willoughby staid up for him till four o'clock in the morning? - Yes, and another man that Willoughby brought besides
Q. Where was it you see him again? - Nine o'clock the next morning; I was pursuing his wife, we had placed his wife in the counter, and coming out of the Poultry Compter, he was walking in the Poultry, on the other side of the way, going down towards the Mansion House; the woman's husband saw him first; they ran and secured him, and brought him into the Compter.
Q. Did you see him searched? - I did.
Q. Who searched him? - The constable, in the Poultry Compter
Q. Do you mean Mr. Willoughby? - Yes.
Q. What was found upon him? - Sixteen guineas, in a silk purse, and two small keys; a watch in his pocket, and a knife, and a sixpence, and a few halfpence.
Q. Did you find any thing else on him? - No.
Q. Did you see any duplicates? - There were some found in his box.
Q. Who took care of the sixteen guineas and the two keys? - Mr. Willoughby.
Q. Then you went back with Mr. Willoughby to your house? - Yes. We went into my little bed room, and he tried one of the little keys that he took out of his pocket, and it unlocked my bureau, every lock, there are four drawers and the top; his room door was locked, and we tried several keys without success, we did not find any thing that would unlock it; hunting about we found a tin candlestick that I gave him for his use, on a ledge going down the two pair of stairs, in a jet; I took the candlestick up, and Mr. Willoughby says, here is a key; Mr. Willoughby went up to his room again, and it unlocked the door.
Q. Do you know whether it was the key that he had, for his use, of you or not? - I cannot tell that, I tried whether it would unlock my bed room door, it did unlock it the same as my own; I believe Mr. Willoughby his it. My key will not unlock his door.
Q. Did the small key unlock any thing else. - It unlocked a trunk that was in his room.
Q. Did you find any thing there, and what? - A great many duplicates that belonged to Mrs. Bailey, in Foster-lane, of rings that he had stole.
Q. I believe he was taken before the Lord Mayor and committed? - He was.
Mr. Knapp. If I understand you, you said you did not know whether that was the key that he had to open his own door or not? - I do not.
Q. How came you to think of marking two guineas in particular? - On a suspicion that I had of them.
Q. Had you ever lent the prisoner any money? - Yes; my husband lent him three guineas a month before that, and twenty three shillings at another time; but he never paid the twenty three shillings, but he paid me one guinea on Friday that I lent him on Monday.
Q. Your husband keeps a public house. Has it ever happened to you to have plugged guineas? - I once took a plugged guinea three or four years ago. I only suspected this was a plugged one.
Q. Have you ever recovered your box again? - No.
Q. When you left your money, you left it in your box, but you never found the box again. The next morning the prisoner was going towards the Mansion House, publickly? - Yes.
Q. And this after the woman had been taken to the Poultry Compter? - She was just that minute put in.
Mr. Knowlys. Had the prisoner a key given him for his bed room when he came? - Yes.
I am a constable and opposite neighbour to the prosecutor, and justice room door keeper at the Mansion House. On Monday evening, the first of June; I was informed of the robbery; in consequence of that I went to Mrs. Hallewell's, and I went up stairs.
Q. Do you know the prisoner at the bar? - Yes; I have seen him up in his own room.
Q. When did you see him after that? - About nine o'clock on Tuesday morning, I had been to put the supposed wife into the compter; they had been both to the play together the night before. When we had lodged her in the compter, I got out of the compter gate, and I see the prisoner across the way, and took him; I observed that he wished to put his hand into his right hand waistcoat pocket, he got his hand in, I got my hand on his wrist, and took him in that situation into the compter lodge, and had him booked; I observed that he wanted to make a shift, he seemed to be of a bustle, as if he was going to make a snatch out of his waistcoat pocket; I said, my good fellow, give me leave to search you, he asked me if I wanted to rob him? I told him I wanted to find Mr. Hallewell's property, and I put my hand into his pocket, and out of his right hand waistcoat pocket I pulled this purse out, I immediately put it into my own pocket, and put my hand into his coat pocket, and pulled out sixpence, and three penny worth of halfpence, a knife, and two small keys.
Q. Has the purse now the same contents as when you took it? - All the same, except the sixpence and three penny worth of halfpence, which I have put to the sixteen guineas, it had but the sixteen guineas in it when I took it out of his pocket, when I took the watch out of his pocket he made some reply, was he brought there to be robbed. After I had put the man in the compter I went back to Mr. Hallewell's house, and went up to Mr. Hallewell's bed room, and tried this strait warded key, one of the small keys on Mr. Hallewell's bureau; I believe there are five locks, and this key opened every lock, I began at the top and went down to the bottom; I unlocked them and locked them again with the same key, and left them locked. The over night I thought that Mr. Mullet
Q. Did you make any use of the other key? - Yes, to open a trunk in Mr. Mullet's room, with the mark of I. M. on it; the fluted warded key opened that trunk.
Q. Did you find any things in that trunk? - Yes, a number of duplicates.(one produced on a waistcoat for five shillings and sixpence, on the first of June.)
Mr. Knapp. So, this said key you have had in your custody ever since, and the wards of the key are a little distended? - Yes.
Q. Are you used to see keys? are you in the smith's line at all? - No, I am not.
Q. Did you ever see keys that have been used for a great number of years, distended like that? - Yes, I may.
Q. That appears to be very little distended, if it is at all. Now with respect to the little key; did you ever see a fluted key before? - Yes, but that was not the key.
Q. You mean to be extremely forward? - Not forward at all.
Q. In the first place is the key that opened Mr. Hallewell's bureau, a plain warded or fluted one? - It is a strait key, not a fluted warded key.
Q. Is there any thing uncommon in that plain warded key different from any other plain warded key? - .
Jury. Did you observe the key before you put it to the lock, whether it was strained or no? - I did not
Mr. Knapp. Has that key ever been out of your house since you took it from him? - It has not, except under my lock and key.
Q. To Mrs. Hallewell. Pick out the two guineas that were marked? - This is the one that I thought was a plugged one.
Q. Will you take your oath that that is one that you marked, and was in the bureau? - Yes, I will take my oath of it; I put the mark on it to shew it my husband when he came home, whether it was a good one or no, and he said could not I remember a guinea without marking it? and I said if it is a good one it is no harm; and the new guinea I made a mark on it, for fear it should be counterfeit.
The prisoner called five witnesses who gave him a very good character.
GUILTY , Death . (Aged 29.)
Tried by the London Jury before Mr. RECORDER.
358. BENJAMIN GREEN , WILLIAM BROWN , and RICHARD WHILE , were indicted for burglariously breaking and entering the dwelling house of Robert Grosvenor , otherwise called Lord Belgrave , about the hour of one in the night, of the 22d of May , and burglariously stealing therein, twenty-eight linen table cloths, value 8l. thirty-one linen napkins, value 4l. thirty-two cotton doilys, value 1l. 7s. one hundred and seventeen linen towels, value 2l.Uriah Lane ; two silk cloaks, value 2s. the goods of Alice Pemberton : and MARY ANN WHITE was indicted for feloniously receiving three linen sheets. value 15s. three linen table cloths, value 14s. two linen pillow cases, value 2s. a linen towel, value 6d. being a parcel of the before mentioned goods, she knowing them to have been stolen .(The case opened by Mr. Trebeck.)
Q. You are butler to Lord Belgrave? - Yes, I am.
Q. What is Lord Belgrave's name? - Robert Grosvenor.
Q. Were you at Lord Belgrave's the 22d of May last? - Yes, I was.
Q. Between the 22d and 23d was the house broke open? It was.
Q. How late were you in the rooms on the 22d that were broke open? - About five minutes before twelve.
Q. Where was the house? - On the Millbank, Westminster.
Q. How soon the next morning did you see it? - About ten minutes after four.
Q. What part of the house was it that you see apparently broke the next morning? - The housekeeper's room.
Q. Were these windows barred? - Yes, they were, with shutters and an iron bar.
Q. When you went in the next morning at four o'clock, were these bars in the situation in which you left them the night before? - They were not, one of the shutters was broke open, and the bar appeared to be almost broke off.
Q. Did the bar appear to be wrenched? - Very much so; I perceived that all the closets except two had been broke open, and in those two there was nothing material of consequence, there was earthen ware in one, and a few things in the other, of very little value.
Q. Had you seen any thing the night before in the closets that were broke open? - Yes, I had, tea spoons and other things; linen I did not see.
Q. Was there any thing on that night in that room, belonging to yourself? - Yes, two hats; they were both of them gone.
Mr. Const. You say there were several closets in this room? - Yes, there were.
Q. And all that had any thing valuable in them were broken open, and the two others that had nothing valuable in them, were left? - It was so.
Q. Did it not occur to you that it must have been done by somebody that must have known the ways of the house? - It did occur so to me.
Q. You are housekeeper to Lord Belgrave? - Yes.
Q. Do you recollect being in your room, what is called the housekeeper's room, on the 22d of May last? - I do.
Q. How late were you in the room? - Till between eleven and twelve, I cannot say exactly what time, but I believe till very near twelve.
Q. Were the windows fastened at that time? - They were, and all the presses were locked.
Q. What was contained in these presses? - Linen, plate and china.
Q. Have you the care of that linen, plate and china? - I have.
Q. When did you see it there last? - On the 22d it was all there, and all locked at night when we went to bed, and nobody has the keys of the presses but me.
Q. Did you perceive any thing missing then? - Every thing.
Q. Did you miss any table cloths? - Yes, I cannot ascertain the number, but the inventory of them is taken, I think eight and twenty.
Q. Did you miss any napkins? - Yes; a great number.
Q. Fifty? - Yes, I dare say, or more
Q. Any pillow cases? - Yes, I cannot ascertain the number.
Q. Ten or a dozen? - I dare say there is.
Q. Were there any sheets? - Yes, three pair of irish, and one pair of russia.
Q. Were there any plate missing? - Yes, a silver knife and fork in a green case, gilt; a pair of metal candlesticks, a tea pot and stand, a cream boat, two sugar boats, silver and gilt on the inside; boats we call them, they have two handles.
Q. Were there any table spoons? - I cannot ascertain the number, but I think there were three.
Q. Was there a pepper spoon? - Yes, a silver one.
Q. Was there any tea spoons? - Yes, twenty-two, silver.
Q. Were there any sugar tongs? - Yes, two pair.
Q. Have you seen these since? - No.
Q. Have you seen any of the linen since? - Yes, the greatest part of them.
Q. I think you have seen none of the plate? - None of the plate, only the knife and fork.
Q. Did you lose any thing yourself that evening? - A few cloth aprons, and two black mode cloaks.
Q. Were they in the room called the housekeeper's room? - They were, either hanged up or throwed over something.
Q. You are servant in Lord Belgrave's house? - Yes.
Q. Did you go into the housekeeper's room of Lord Belgrave, in the morning of the 23d of May? - Yes; I am not certain what time, but I believe it was about four o'clock; as I went into the room the first door in the passage was fast.
Court. Were you the first person that went down stairs. - Yes.
Q. Was it day light - Yes.
Mr. Trebeck. What did you discover when you went into the room? - I found some of the locks open.
Q. Was the window broke open? - Yes.
Q. Was the bar wrenched? - I did not look; the upper sash was drawn down.
Q. How far is it from that window to the ground? - I don't know, a very little distance.
Q. Four or five feet? - It may be that for what I know.
Q. Where were you early in the morning on the 23d of May last? - In Water-lane. I live in Grub-street, I was in Grub-street till a little before three o'clock; it was neither light nor dark, the watchman went three just as I came out of my door, I was fetched from my house that morning.
Q. What time did he call on you? - It was rather before three.
Q. How far is that to Millbank? - I don't know where Millbank is.
Q. Grub-street is somewhere about Moorfields? - It is.
Q. It is about twenty minutes walk? - More than that.
Q. Did you go any where with Joseph Tidmarsh? - I went to Sarah Parker's room, at the bottom of Water-lane, Fleet street; I never see her before, I knew Tidmarsh, I had seen him.
Q. When you got into Sarah Parker 's room, who did you see? - I see Tidmarsh and Brown, and Green, and White; Sarah Parker was down stairs, she came up and down into the room, I did not take much notice of her; when I got in there I see some linen, and I purchased them; Green and White brought some plate, Brown was ill on the bed in the same room, very ill he said he was, I believe he had no coat on.
Q. Was he undressed? - No, nothing further.
Q. You say they brought the plate, how did they bring it? - I sat down on the bed, there was not many chairs in the place, and they brought it to the bed where I was, they brought it from some part of the room, they did not go out of the room. There was a silver tea pot and stand, and several spoons, table spoons and tea spoons, and several other articles which I cannot rightly tell, because I never see them from the time they packed them up; there were some sugar things what they put sugar in.
Q. Did any of them speak to you, or make any proposal? - They asked me no further questions than whether I would buy them? - I told them yes, I would buy them, if I could agree with them.
Q. What did they ask you for them? - Thirty guineas; I said I could not give any thing like the money, I offered eighteen guineas.
Q. Was that in the hearing of them all? - It was. Green said he would not take no such money, then when he said he would take no such money, he said I must give him a present for himself, not letting the rest know, then he would agree to take that money, but he said he must have seven guineas, which they were to know nothing about.
Q. Who were the eighteen guineas paid to? - To Green and White.
Q. Did Brown say any thing? - He never said any thing to me; he was very ill, he did not seem to me much concerned in the business. I paid a ten pounds note and a five pounds note to White, and the three guineas and fifteen shillings I gave to Green.
Q. Then you did not pay any thing to Green besides that, at that time? - No.
Q. Then when this money was paid, did you desire any of these men to do any thing? - Yes, to take and carry them to where I ordered them, and I went with them.
Q. Did he go to get the rum? - Yes.
Q. How long was he gone? - I believe about twenty minutes, for it was so early; he brought two shillings worth of rum, and a large basket, like a butter basket, that he had borrowed.
Q. Do you think you should know it again? - Yes.
Q. Was that basket large enough to hold all the things? - No, I gave half a crown to White and Tidmarsh, to get some hampers, like wine hampers, to put the remainder in. They were gone a good while.
Q. Did they go before Green came back? - No; they were gone some time, the shops being shut up they could not get them.
Q. Did they bring the basket? - Yes.
Q. And then when they brought the baskets, who were then in the room? - They were in the room, all four men and myself.
Q. Brown had not gone out of the room? - No, he still remained on the bed.
Q. Had you any conversation with Brown while they were gone? - All the conversation I had was, he said he was very ill, and very much afflicted with the rheumatism.
Q. What did you not talk any thing about the things? - No; for Green was packing the things up while I was talking to Brown.
Q. When Green came back with his butter flat, and the others with their wine baskets, did they do any thing? - Green was packing up the linen and plate in the butter basket, and he put as much in as eit co uldh old.
Q. When White and Tidmarsh came back, what did they do? - Then White packed up one of the other hampers, and Green had done his, and tied it up with cords, and then he helped to pack up the others. There were two hats and two cloaks that I did not take, I said they were of no use to me; they were two mens hats.
Q. What sort of cloaks were they? - I see them, but I never looked at them, they were rags.
Q. Silk cloaks were they? - Yes, they were.
Q. These were not packed up? - They were not.
Q. During all the transactions did you see Sarah Parker ? - Yes, she came up once into the room, and she had a glass of rum, but had no conversation with me. When the baskets were all packed up, I asked them to carry them to a place according to my directions; Green he carried the large flat, White carried the one hamper he brought, and Tidmarsh carried the other hamper, being small.
Q. What time of the morning might that be? - I dare say it was between six and seven before we got where we were to go.
Q. Then from Water lane which way did they go? - We went through a turning that faces the house we came out of, and so just on the bridge.
Q. Did you go over Blackfriars-bridge? - Yes, by the Obelisk.
Q. All in company? - Yes.
Q. The men continued in your company? - Yes. When I got near there I gave Green directions where to go; I shewed him partly the house where he was to take this basket to, to No. 4, in Prospect-row, and to ask for Mrs. Seek's, she keeps the house; my husband lodged there then.
Q. Is that within the rules of the prison? - No, it was only for his health, he only was there for six weeks; I ordered Green to take that up and tell him to give seven guineas to send to me, and tell him nothing about nothing till I come, and that he was not to unpack the basket till I come.
Q. Who were these seven guineas for? - That was for himself. I stopped for his return a good bit, for I had the other two men with me while I stopped.
Q. Did they stop with you till he came back? - Yes, and he told me that he had it.
Q. Did he tell you that he had delivered the basket? - Yes, and that it was all right. Green went away and waited a little for the rest coming; he did nothing more. White and Tidmarsh stopped with me, and I gave them directions where to go with my little boy, my little boy came out from my husband's lodgings. White carried the second basket where Green carried the first; I was stopping there nigh this. but opposite the way, and at the door he met my little boy, and I told him to tell the boy it was wine; and the boy carried it up stairs.
Q. Did you give Tidmarsh any directions? - Tidmarsh went with my little boy at the same time he carried the other hamper where he was to take it, to a strange lodging, with my little boy.
Q. Did you see Tidmarsh and your boy carry the third basket? - Yes.
Q. Did you see that delivered? - No; the boy came back, he was not at home; he knew nothing of my putting it there.
Q. But the basket was left? - Yes; my little boy went up into his room, and shut the door, and came down; he told me so.
Q. Did you see Tidmarsh after that? - No; they went about their business after that.
Q. But it was within your sight that the basket was delivered? - Yes, it was.
Q. How long was it before you see your little boy again? - Presently.
Q. Did you all separate? - Yes, they went together, and I went my own way.
Q. Have you seen any of the property since? - No.
Q. How soon did you call at the house in Prospect row? - I called there on Sunday, and they told me what alarm there had been.
Q. What day of the week was this that you took these things? - Saturday, the 23d of May.
Q. That was the morning that they called you up? - Yes.
Q. When did you see any of the prisoners again? - I believe the Thursday afterwards, at Bow-street.
Q. Did you see any of them before that? - No, I do not remember that I did.
Q. You lived in Grub-street, I think you said? - Yes.
Q. Are you the same person that we have seen here before? - I don't know, very likely you might.
Q. I am alluding to one circumstance only; that business in Aldersgate-street? - I don't know nothing of Aldersgate-street.
Q. You was not the same person? - No, I was not.
Q. Do you remember a person of the name of Lowe or Jobbins? - Upon my word I do not.
Q. You told us you got up a little before three that morning? - Yes, when I was called.
Q. Pray, at the time you was at this house in Water-lane, was there any person present at any part of what you have told us, besides these people? - None.
Q. None but the four men and Mary Parker? - No, she was not present at my buying, nor when I gave the money.
Q. But if I heard you right, you made a separate bargain with Green? - It was not me; I was going, but Green, as I had my hat and cloak on going, he came to me and said if I would give him seven guineas I should have them, and I thought it being a bargain I would give it him
Q. Is your boy here? - No; the justice thought he was too young; he is not ten years old.
Q. Was that the boy that was convicted last session? - No, it was not. He was convicted in a very wrong cause; we can prove he is very innocent.
Q. You put them there unbeknown to your husband? - Yes, I did; he did not know what it was.
Q. Are you a jewess? - Yes, I am.
Q. And your husband gave the seven guineas to Green without any enquiry or any thing? - He gave it to me. I sent word he was not to touch any thing, but give me seven guineas immediately. He knew I was not far.
Q. Pray what is your brother? - My husband's brother is a single man, and he travels the country and keeps that lodging, because it would be very hard to have a fresh lodging to seek every time he comes to town.
Prisoner Green. I never received a farthing of that woman's husband, nor never see him but once with my eyes.
I live at No. 37, Wych-street, at the Crooked Billet, behind St. Clement's Church.
Q. Did you see any of them on the 23d of May last? - Yes. About seven o'clock, or a little more, in the morning, Green came into our house and requested the loan of a three dozen wine hamper; I told him I had not such a thing in the house. He asked if I had a basket.
Q. Should you know it again? - I don't know whether I should or should not. He took it. (Produced) It was very much like this; I believe this is it; I am sure I know of no marks, because I never looked at it.
Q. Where do you live? - No. 4, Prospect-place.
Q. A little time before the 23d of May had you let any of the rooms to any person? - Yes; I let my room to Mr. Samuel, three weeks before he went into the country, and was gone about a fortnight, and I did not let the room, and he applied for it, and I let him have it again.
Q. On the 23d of May was Mr. Samuel a lodger in your house? - Yes.
Q. Was there any thing brought to your house on the morning of the 23d of May? - Yes. In the morning about half after seven o'clock, the prisoner Green at the bar brought the butter flat, as it proved to be, and Mrs. Samuel's son with an handkerchief on his arm. This is the basket to the best of my knowledge.
Q. Was the smock frock on the basket then? - I believe it was.
Q. You know Mr. Samuel's son when you see him? - Did you see him after that? - In the space of half an hour the boy returned with an hamper on his back, which he pitched at the door; the boy called for his father, and the father carried it up stairs.
Q. Where were you? - I was at the kitchen window, and faced it the same as I do you. Mr. Samuel came down stairs, and said that his wife's brother had took a large house. The small hamper is not here I perceive.
Q. Have you seen that hamper since? - Yes, I see it to day, and not till to day.(Produced.)
Q. Was the hamper that was brought full of any thing? - As full as ever it could hold. I knew it by the pack thread that I tied on it when I went to Bow-street to let the gentlemen know of the robbery.
Mr. Const. Who do you say brought that basket there? - The jew's son; a boy about thirteen years of age, according to my best judgment.
Q. Where do you live? - Marshall-street, London-road, very near Prospect-place, it is not opposite to it, but near it, the end of the street is opposite my house, I let a room the first day of October last, to one Samuel; I don't know any other name.
Q. Do you know any relations living near there? - I don't know any other than his brother that lodged at Mrs. Seek's; I see him go there. On the 23d of May last a boy brought a hamper to my house, about eleven o'clock, and he asked for his uncle Samuel, which I told him he was gone out for the day; he said he was to wait for him half an hour, and I told him to carry the hamper up into his uncle's apartment; he did so, and set it down.
Q. Did any body call there that morning? - Not that I remember besides the boy. I was out at market the morning part.
Q. Do you remember seeing Samuel in the course of that day? - I do not remember seeing him.
Q. Did you ever she that basket afterwards? - The basket was brought down, and put into the kitchen empty. He came home in about half an hour after the boy came out.
Q. That is what I have been asking you for these five minutes. Did Samuel, your lodger, in the course of that morning come home? - He did so, in the course of half an hour; he went up stairs; he likewise stopped for about half an hour, and came down with the hamper in his hand.
Q. Was it in the same condition when he brought it down stairs as when the boy carried it up? - It was not; it was entirely empty with the lid hanging down. He said, Mrs. Golding, I will be obliged to you to let me put this hamper back, it will be a lumber in my room.
Q. How was the hamper brought? - It was brought on the boy's shoulders shut. I cannot tell what it contained.
Q. It was full? - I cannot tell, it might, it was on the boy's shoulder, fastened up.
Q. It had the appearance as if it had some thing in it? - Certainly it had. I gave the hamper to the officer when he came for his linen.
- LIDDARD sworn.
Q. Did you find any basket at Mrs. Golding's? - Yes, but there was no property in it. The hamper is not here.
Mr. Const to Golding. At your house, I believe the husband's brother lived, not the husband? - Yes.
Q. Now, on this day that you have described, the only hamper was brought by this receiver's son? - By a little lad that passed for the son.
Q. The prisoner White did not bring a hamper as she has told us, but her son? - Nobody else came on earth.
Q. Samuel owned the hamper? - He brought the hamper down, and asked me to let it be there, as it would be lumber in his room, and it was there till I gave it the officer.
Q. How long has he lived with you? - Ever since the first of last October? -
Q. Then he has not lived with you three or four years, while he was travelling round the country? - Not with me.
Mr. Trebeck. How long have you been in the house? - Since last Michaelman.
Q. To Elizabeth Samuel . Where did you go after you parted with this man? - After I parted with these men I went towards my own place, towards Grub-street, home. I called in at the Old-bailey first; I called in at some house.
Q. What stay did you make at that house? - I stopped a good bit on my unfortunate son's trial; I stopped till the evening; I stopped here till the court broke up. When I had parted with these men I came immediately here, and waited at the Pit's Head, and never quitted the place all the day; I came here about nine o'clock.
Q. Why did you take notice it was nine o'clock? - Because I was ordered to be here by nine o'clock, judging his trial
Q. Did your boy come to you after he had been in? - Yes, he did, and he told me he had left it.
I live at No. 1, Ne e's-passage, Great Earl-street, Seven Dials.
Court to Golding. Was it after your breakfast that these hampers was brought to your house? - Yes, after I had breakfasted.
Q. What time do you usually breakfast? - Sometimes by eight, half after eight, and sometimes before.
Q. How long was it after breakfast that this hamper was brought to you that morning? - I cannot say, because I do not recollect the hour that I breakfasted at.
Q. To Hartley. Do you recollect any person bringing a box to your house, on the 23d of May? - It came of a Saturday night; I will not be sure how long ago it was; it was the very Saturday night before Mr. Green was taken.
Q. Do you know Green? - Yes; I have a very little knowledge of him. It was a shoe-maker brought the box to my house, his name was Boyd.
Q. What was it brought for? - It was a woman that worked with me; I give out work in the army trade, when I am at home, and she left this box at her lodgings for some rent, as she told me.
Q. However there was a box brought to your house by Boyd, when you was at home? - Yes. When the box was brought to my house Mr. Green was sitting there, he just had been drinking a pot of beer before, and the women were all waiting for their money, to be paid.
Q. Did Green say any thing about the box to him? - No. The box was brought in my room the present time; it was an empty box, of one Mary Anderson , who worked for me, and she went and fetched it from this lodging.
Q. Do you know what Green paid for it? - Five shillings. He asked me if I would be so kind as to let it stand there two or three days? I told him by all means, it would not be in my way.
Q. Between that Saturday and the Thursday was there any person that went to that box? - Yes, there was Mary White, several times.
Q. Was the box, when Green brought it, empty? - No, there were things in it, but the woman took them out, and left the box.
Q. Did you see her do any thing with the box? - No, I never took any notice of what she put in, or any thing of the kind; the brought some things once or twice, or three times, or four times; she brought a little parcel in her apron. I see her put what she brought into the box.
Q. Did you observe what sort of parcels they were? How were they wrapped up? What appearance had they? - I never looked particularly; but when she did bring up any thing she asked me to let her put it into the box.
Q. You say what she brought she put into the box? - Yes.
Q. When Taylor did find the box, was it open? - No, it was locked.
Q. Had any body access to this box besides yourself and her? - It stood up in the corner of the room, any body might get at it that came into the room.
Q. Did she borrow the key of you? - No, she had it in her pocket.
Q. When she might put these bundles into the box, did she say they belonged to any body? - No, nobody particular.
Q. Did she say to whom these things belonged? - No, nobody at all. Mr. Green said once or twice that there were some of his wife's things that he had been taking out of pawn.
Q. When did Green say they were his wife's things that he had been taking out of pawn? - Once or twice, when Mrs. White came up he was there; I was mending his breeches once when Mrs. White came up. I am a taylor by trade.
Q. Did you ever see them together when she brought any of these bundles? - I cannot say particularly that they were together.
Q. Did you ever see her open the box? - Upon my word I never took any notice.
Court. You tell me that the box was always locked, and she came and put things in? - Yes, I heard her put the things in, and heard her unlock the box, but I did not see her, because I might not look up off my work.
JOSEPH TAYLOR sworn.
Q. You are one of the officers of Bow-street? - Yes. On the 21st of May, I apprehended Green, the prisoner at the bar, in Neale's passage, Seven Dials; the man that has the room where Green was is named Hartley, he is here, one of the evidences. When I apprehended Green he was sitting in a chair without a hat; I found this hat, it was hanging by where he sat, on the foot of the bedstead, which was turned up
Q. Who was in that room? - Green, and Hartley, and Mary Ann White, and I think Hartley's wife.(The hat produced)
Q. To Hartley. Look at that hat, is that your hat? - No, it is not.
Q. How came it in your room? - When Mr. Green came into my room he took it off and hung it upon the leg of the bed.
Q. Do you mean that he brought it into your room? - Yes
Q. To Lane. Is it your hat? - Yes, it is one of the hats that was lost, on the morning of the 23d, and I left it in the evening of the 22d.
Q. You mean in the house-keeper's room of Lord Belgrave? - Yes, in that room.
Q. To Taylor. Did you find any thing else in the room where you found that hat? - Not when I apprehended the prisoner; I went back again afterwards, there I found
Q. Was there any thing in it? - Yes, there was some linen, and several articles that are now in it; it has been locked in it ever since.
Q. Is that the box that the woman prisoner had the key of? - Yes.
Q. And the box that she put the linen in, or whatever the bundles might be - Yes, whatever she brought she put in.
Q. Did you see Taylor take that box? - No.
On Wednesday, the 27th of May, I went to the house of correction in Cold Bath Fields, I enquired for the prisoner Brown; one of the turnkeys shewed me where he was; I went in and asked him if he had not a hat? he said, yes; and by the bedside where he lay upon, I picked up this hat; he then defaulted and said White gave it him.
Q. Did he take it up and gave it into your hand? - No, I took it up myself.
Lane. It is my hat; it was in the room the evening of the 22d, and Saturday morning I missed it with the other.
Q. You are one of the Bow-street officers? - I am; I went with Taylor to the place where this box was, and helped him bring it away; he unlocked the box in the room and found some property that belonged to Lord Belgrave
Q. Was that in Hartley's house? - Yes. Taylor gave me the key.
Rivett. In the box I found these two pistols loaded.(Produced.)
Q. They are not loaded, I suppose, now? - No, they are not. I have got the powder and ball in my pocket; and a small dark lanthorn that was in a chest in the room.
Q. To Taylor. Have you any property that was found? - I have some property that was found in St. George's Fields, No. 20, in Marshall-street, a silver knife and fork gilt; I found some other property that is here among the rest in that house.
Q. To Golding. What Number do you live at? - No. 20.
Q. To Taylor. Did you find that box there? (A box produced) - Yes, I did, These candlesticks were not in the box, it was standing on the cupboard, by the box, in the front room one pair of stairs.
Q. To Taylor. Did you find any other property at any other time? - No, only when I went to St. George's Fields the first time, when the hamper and basket was found. It was on Sunday the first beginning of it, with respect to No.4, Prospect-row, there I took this hamper out of one of the cupboards, and Rivett took the other out of the other cupboard.
Q. To Mrs. Seeks. What room had Samuel in your house? - Two pair of stairs front room.
Taylor. This is the hamper I took.(Produced) Then I went to Simon Samuel's, No. 20, Marshall-street. In this hamper there was some linen that is in it now.
Q. To Rivett. What was in the basket
Q. To Taylor. What was in the box when you took it? - The same things that are in it; there were some stockings or something that belonged to Green.
Mr. Pemberton. This silver gilt knife and fork is Lord Belgrave's; it was left in the room the night before it was broke open. (The box produced) These twenty-five glass cloths and towels are Lord Belgrave's, they were in my room the night before, and missed the morning. These candlesticks also, thirty-four napkins, valued at a shilling a piece.
Q. What are the twenty-five glass cloths and towels worth? - Half a crown altogether.
Q. What do you think these candlesticks are worth? - Eighteen-pence. Five table cloths and a pillow case of Lord Belgrave's worth two shillings and six pence a piece; twenty doileys, worth half a crown the whole.
Q. To Lane. What is the value of the knife and fork? - Eight shillings.(The property produced found in the box at Hartley's.)
Pemberton. Here are three sheets worth five shillings a piece, Lord Belgrave's; a towel and two pillow cases, worth four shillings. (The property found at No. 4, Prospect place produced.) Four table cloths, three pillow cases, and eight glass cloths, worth eight shillings; forty towels, worth twenty shillings; forty-four linen napkins, worth forty-four shillings; twelve pillow cases, worth twelve shillings; thirty towels, worth fifteen shillings; and seven table cloths, worth thirty shillings.
Q. Were the rest of the things in that basket Lord Belgrave's? - They are, all of them.
Prisoner Green. The things that Mary White put into the chest, I gave her to put in; and she knew nothing but that they were my wife's things, no more than a child unborn; and it was the first offence I ever was guilty of in my life, and I hope you will recommend me to mercy.
The prisoner Green called two witnesses to his character, who said he was a sawyer.
Benjamin Green, GUILTY . Death .(Aged 21.)
Transported for fourteen years .
Jury. We recommend Mary Ann White to the mercy of the Court.
Tried by the second Middlesex Jury before Mr. Justice LAWRENCE.
Thomas Spein ; and three other iron saws, value 16s. the goods of James Monro .
I am a carpenter ; Mr. Monro works for me; the prisoner came to work for me last Saturday week, as a carpenter ; last Monday, this week; at night he was very desirous to have the key of the premises, which I refused to let him have, he said he must make seven days a week; I told him if he would come on Monday morning I should be there, and would let him in; accordingly he did not come till after, and on Monday night he refused to leave off work when the rest of the men did, at seven o'clock, he told me he wished to make seven days, and therefore he wished to work till eight, to make up the hour that he lost in the morning; he told me I should leave him the key, I refused him very much, he said he was a very honest man, and all the master carpenters in London almost knew him, and that I need not be afraid of his taking any thing, he bore one of the most honestest characters in London, so with that I left him the key to work till eight o'clock.
Q. Where were these premises? - At the old Rotation-office, in Litchfield-street, Soho. The next morning when I came at half after five, he told me there was a bad misfortune happened, he said all the tools were gone, and that I had got a d-ned bad set, and he would work no longer there; I asked him what he meant by that? and he told me that he believed that I had a very bad set, for he had lost some of his tools among them, but as good fortune would have it, some of them he took home, and some of them he had hid under his bench that he worked at, but all the rest were gone; I told him that I should not let him go, that I thought that he was guilty of the theft, and I would have him examined, and I sent for a constable and had him taken up, the officer examined his pockets, and pulled out six duplicates, two of these duplicates were a plow and a saw, for two shillings and sixpence; I sent to his lodgings immediately, to know what sort of a character he bore, and to know what time he came home the over night; I then went to the pawnbroker's, to know whether these were my things, but they were not, nor any things that is stole.
Q. Have you ever recovered your things? - I have not.
Q. Did you ever see the prisoner in possession of these things? - I did not.
Q. You know you left them on the premises? - Yes, I do.
NOT GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
Mr. Knowlys. I believe this man is a butcher at Newington? - Yes, he is.
Q. I believe he was taken before a magistrate near you at Tortenham, and the magistrate discharged him? - He did, but that was before all the circumstances were known, after that examination I discovered that he had sold a calf.
Court. Is he a master butcher or journeyman? - He is not a journeyman to any body.
WILLIAM BEARD sworn.
I am Mr. Stonnard's milkman; I went to milking last Saturday fortnight, in the morning, about half after six o'clock; when I came I lost the calf, directly I followed it by the track of the feet, over the hedge into another gentleman's field, I followed that same track over the fields, till I got to the high road, opposite the Weaver's Arms, they there heaved it over pales into a ditch.
Q. Where is the Weaver's Arms? - At the end of Newington. I see that by the track, and the hair on the pales. From there I followed it the same road a hundred yards, till I got to a little alley, and then out of the road up that alley, to the back side of John Butcher's, the prisoner's door
Q. What sort of a house was the prisoner's? - A little pudling room, the shop is next to the road, not adjoining to the house.
Q. Where did you track it? - To the door where he lived.
Q. How far is his shop from this place where he lives? - Ten or a dozen yards. Directly I could track it no further, I went home and told my master, and he ordered me to get a search warrant, to search and see.
Q. In what parish is it in? - Hackney. We searched the house, and found the side of a calf in the house, and the entrails of a calf.
Q. Did you take your search warrant to this house the same morning as the calf was missing? - Yes.
Q. What time of the day was it in the morning that you first tracked the calf? - About seven o'clock.
Q. About what time was it that you arrived with the search warrant? - Between eleven and twelve.
Q. Can you judge whether that calf was fresh killed that you see in his premises? - I examined it, and it seemed to be killed for two or three days; the entrails were green, and the side of the calf too.
Q. And you are perfectly sure of this track all the way? - Yes.
Q. Was it wet or dry weather? - Wet weather, there had been a great deal of wet two or three days.
Mr. Knowlys. Could you observe whether it was the track of one calf, or more beast than one? - Only one, and the track of two men.
Q. Were the mens feet of different sizes, that you could say it was the track of two men? - One foot was larger than the other.
Q. Did you lose this track? - Not all the way till I got to his door.
Q. Do you think that you can swear that the calf was carried to his door from this track? - Very safely.
Q. So you tracked it along the field? - Yes.
Q. That there is no great deal of difficulty in going? - No.
Q. Perhaps you never see any body travel that turnpike road? - Yes, several times.
Q. This was the day after the market day to London? - I don't know for that.
Q. Then there must be a number of cattle pass that road? - Yes.
Q. So you swear that on a turnpike road you could trace the trace of one single calf; do you think we shall be such calves as to believe you? - All the cattle from the north come along that
Q. You tracked it half a mile? - Yes, I did, from the field into the road, about a hundred yards along the road.
Q. You talk of an alley before you could get to the prisoner's house, is not the the way in which all the calves and sheep must go along to the common? - That alley that goes up to his house comes into the high road again.
Q. That alley leads on to the common or green? - There is a passage that way, but I could not track it on that common.
Q. And so this man was a butcher and he had another calf killed publickly in the shop? - Yes.
Q. Did you wonder that a calf should come to a butcher's door? - I thought it could not have come there without being brought.
I am horse-keeper to Mr. Newton, at Stoke Newington; last Wednesday fortnight I bought a head and heart of this prisoner.
Q. Where does the prisoner live? - In Hackney parish.
Q. You bought this head and heart the Wednesday before this happened? - Yes, it was.
Mr. Knowlys. This man's character is just as good as any other man in the neighbourhood? - Yes, for what I know.
The man brought a calf up to my house the Wednesday before this was stole, up at my house.
Q. Did you see him carry a calf home between the 19th and 20th? - I cannot say any such things.
Mr. Knowlys. I believe this man has borne as good a character as any man in the neighbourhood? - I never heard any thing before this affair happened; I believe he bought a calf out of condition, that died in a sit, and that has been the occasion of all this.
Not GUILTY .
Tried by the first Middlesex Jury before Mr. RECORDER.
361. JAMES ROSE and JOSEPH SPENCER were indicted for feloniously stealing, on the 21st of June , an ox, value 19l. the goods of James Ward and John Harpur : and JOHN CORDEROY was indicted for felonioulsy receiving on the same day, the same ox, knowing it to be stolen .(The case opened by Mr. Trebeck.)
Q. Where do you live? - In the Edgeware-road.
Q. Did you lose any beasts on Tuesday, the 21st of May last? - On the night, between Thursday and Friday I lost four oxen; three of them were found, one near the field, and the others in the road, on the morning of the 22d.
Q. Have you ever recovered the fourth? - No, I never have.
Q. Do you know what kind of an ox it was that you have not recovered? - Only by the information of my man.
Q. Are you responsible for these beasts? - Yes, I am, I am a farmer, and take them from the butchers till they kill them; the bullocks and oxen and sheep that the butchers do not want to kill immediately, they send to me to the field, and pay me so much for keeping them; we are paid for the bullocks sixpence a night, and a shilling a score for sheep; if they are not forth coming I always pay the butchers.
Q. Is that the understanding between you and your employers? - Yes.
Q. Have you paid him? - No, because Mr. Bond told me not, till this business was over, but I have promised to pay him.
Q. Did you on the 18th of May, last purchase an ox? - Yes, at Smithfield, of one Mr. Harris; it was a kind of Linconshire bullock.
Q. What time of the day did you purchase it? - About nine or ten o'clock in the morning, or thereabouts; it was a black one, not a right down black, but mixed, as if it was sun burnt. It was a bullock bought for my own killing, it was under the description of a fat ox, but not so fat as I have seen them sometimes.
Q. Upon the whole was it a particular ox? - It was one that I should be able to distinguish, because it was a colour that does not often appear, I cannot say uncommon, because I have seen half a score of that description of a market day.
Q. Could you have sworn to it if you had seen it a week after in Smithfield market? - I could; moreover when I bought it I marked it, three clips on the hip, and two on the tail.
Q. What sort of a face had he? - I am not particular as to the face of it, the head is not an object that we want to look it; after we have bought our beasts we then call out to our drover, and tell him I have bought so many beasts to day.
Q. Just at this moment I would ask you do you know these men? - Yes, all three of them.
Q. What is Corderoy? - A master butcher.
Q. What is Joseph Spencer? - A Smithfield drover.
Q. Is he one who should wear a number? - I believe he should. The other is a drover, he has been in the habit of bringing home sheep for me many times.
Q. Did you see him wear a number? - I think I have.
Q. Should he wear one? - Yes, they are all obliged to wear one that attend Smithfield, or else they are liable to be laid hold of. After I have bought my sheep at Smithfield I deliver them up to my drover, Mr. Anguish, I do not always stand to see the beasts taken away; I gave Anguish direction to take three away, to be sent to Mr. Harpur's field.
Q. Were either of the other two of the same colours as this you lost? - No, quite the contrary, almost as much as black to white.
Q. Where is Mr. Harpur's field? - At Paddington, I believe they call it Edgeware-road.
Q. Have you ever seen it again? - No, I have had all of them oxen home from the field but that, that I have never seen since.
Mr. Knapp. So this ox is so particular that you have seen half a score of the same sort? - Something of the colour, but not exactly.
Q. What day of the week was the 18th of May? - Monday.
Q. Have you ever since you lost your ox, seen oxen of the same sort, with the one that you have described? - I don't know to my knowledge I have, I cannot say whether I have or have not.
Mr. Trebeck. I believe you don't know that any body has found the beast? - Only by report.
Hellum. I bought four, but one of another man.
Court. How many did you order to be taken to the field? - I know them three beasts particularly went to the field; I might send four, but only three that I bought of Harris.
Anguish. I took them to Mr. Harpur's field about twelve or one o'clock, as nigh as I can guess.
Q. What day of the week was it? - Monday.
Q. Who did you deliver them to? - To Dick, Mr. Harpur's man; my man did that I sent with them; I see the beasts on Tuesday, we always book them of a Tuesday, and I booked them myself then.
Q. Have you seen any of these oxen since? - I have seen three, two of the fellow beasts and the odd bullock.
Q. Were the fellow beasts those that were bought of Mr. Harris? - Yes, three of them.
Q. Then they were all something alike? - Yes.
Q. I understand you to say that you have seen two of these beasts? - Yes.
Q. Have you seen the third? - No, I have not.
Q. Did you take any notice of the two beasts that you have seen since? - No, I do not take particular notice of every particular beast that I have seen since.
Q. Did you while you were driving them? - No, I did not particular.
Q. Were those beasts that you have seen since, the beasts that you drove from market? - Yes, by the mark, I only take notice of the marks, I do not take notice of the colour of every beast that I drive.
Q. What were the marks? - Three clips on the hips, and two round the tail, that is Mr. Hellum's mark.
Q. Were all three clipped and marked the same way? - Yes.
Q. Do you know whether the third beast, which you have not since seen, was a white or a black beast? - I cannot say to the colour, but I know there was never of them three, white ones.
Q. Should you know that beast again if you was to see him? - I should know him by the mark, but no further.
Q. Are either of the prisoners at the bar drovers? - Yes, they both of them worked for me, Rose and Spencer.
Q. Are those the men that should wear numbers? - Yes.
Mr. Knowlys. And the other is a considerable master butcher in the market, of as considerable business as your master? - He is a master butcher.
Mr. Trebeck. Did either of those men drive these beasts at all? - No, a little boy that works for me.
Q. Who do you live with? - With Mr. Harpur.
Q. Do you recollect any bullocks being brought to you on Monday, the 18th of May last? - Yes, on Monday, to the best of my knowledge there were three of Mr. Hellum's bullocks brought, oxen; they were put in the lare, a bullock field where they are always put.
Q. After these oxen were brought to Mr. Ward's, do you recollect seeing any of the prisoner's at the bar? - Yes, I recollect seeing Rose and Spencer; I see them every day of the week that they were lost; I see them Thursday in the afternoon, the 21st of May, to the best of my knowledge it was about four o'clock, they came in the lare.
Q. Did you drink together? - Yes; I asked Rose what he wanted? he said he wanted nothing; I asked him where he had been? he told me he had been to get some flowers. As they come through the lare, and passed by this black bullock, Spencer says, d-mn me, whose bullock is that, he pointed to the black bullock.
Q. Was that the bullock that was afterwards lost? - Yes. Rose replied, it is Hellum's.
Q. Describe what sort of a colour that bullock was? - A long legged bullock, rather sun burnt; there are a great many bullocks of that colour.
Q. Should you know that bullock if you was to see it again? - Yes, I believe I should, it was a particular thin one, I am sure it was Hellum's.
Q. Had you any other of Hellum's in you lare of that colour? - No, I had not of that colour. Rose said it was Hellum's, and Spencer said it looked d-ed thin; it had three clips on the off hip, and two clips on the tail.
Q. Did you and the two prisoners then part? - We went across my master's held and got more flowers.
Q. Were the oxen in the field that night? - They were all under cover of the pen, I hunted them up.
Q. When did you go to the lare again? - The next morning, it might be a quarter past five.
Q. Did you find the oxen in the field then? - I found them all out, and the staples drawn; I found three out however, and the other I could not find; I found three in the field just by.
Q. Is that the road leading to the Duke of Bedford's road? - Yes, I believe it is, but I don't much know about the Duke of Bedford's road.
Q. Was one of the bullocks that you see sun burnt? - No, I did not find him, I found them all but one.
Q. And from that time to this you have not seen it? - No, I have not seen it
Mr. Knowlys. You say these three that were recovered, were found staying? - I did.
Q. The other has not been heard of since? - No.
Q. Now another thing; this man was picking up flowers? - They told me they had been getting some flowers, and we went and got some more.
Q. Pray what other gentlemen were picking flowers just by? - There were two other butchers there beating a carpet, two of Mr. Dagley's men.
Q. You was of the same opinion with Spencer, about this ox, that he was d-ed thin? - He was thin.
Mr. Knapp. And it was black? - It was black at the same time.
Mr. Trebeck. You take in a great number of these beasts? - Yes.
Q. And this was more than commonly thin? - The reason he was so thin, because the other three bullocks kept him away from his victuals.
Q. It was rather a thin ox for a fat one? - Yes.
Q. What are you? - A pork butcher, kill pigs. On Friday, the 22d of May I was going across the Duke of Bedford's private road, towards Hampstead, about a quarter past four in the morning, I met the prisoner Rose and another man, driving a bullock. I am not certain it was Spencer.
Q. Did you make any particular remark on this beast? - Yes, I made a remark, because I considered it as very strange; I had suspicion, that made me take the notice I did take, of its being a long legged bullock, blue brown, as if fun burnt, rather by the hardness of the winter. It was bought as I supposed for the butcher to kill, but may have fasted from Monday till Friday, and that made it look thin. I know a little of all kinds of beasts.
Q. Do you know if it is a common thing for the strange beasts to prevent another beast from eating? - O, yes! and with every kind of animal almost, when they get into droves, or into fields. The tail was cut, I don't remember seeing any other marks. On my return from the place where I had been at in Hampstead-road, to one Mr. Rose's, a seavenger belonging to St. James's parish; I see the prisoner, Rose, standing on the step of a public house door, at the corner of a gateway in King-street, Bloomsbury, and the bullock was up the gate-way.
Q. What o'clock was that? - That might be about five, but I passed it twice after that; I had a pig, and I did not speak to the prisoner at that time.
Q. Where do you live? - In Turnstile, Holborn, leading into Lincoln's-inn-fields. I was going to the same place to fetch another pig, and the prisoner was on the step of the door at that time, and the bullock up the yard; this was before six.
Q. Was that the same bullock you had seen at the end of the Duke of Bedford's-road? - Yes, the very same; I asked him where he brought the bullock from? he said a man gave it him to drive into the New-road; I asked him where his partner was, that was helping him to drive the bullock along the field? he said his partner was gone to get some more beasts, and to mix this bullock with them, to take him to the slaughter-house; I asked him where his number was? he said, what is that to you. He had no number on his arm; I asked him whether he was not a Smithfield drover? he said he was not. The ox was down at the bottom of the yard all this time; then I left him; on my return again he was sitting there again; I had a pig then, and the pig was rather wild, I could not stop, then the bullock was down the yard; I called on a publican, Mr. Ordish; I did not know any thing further till I heard that Mr. Harpur had lost a bullock.
Q. Did you and Ordish go any where when you called on him? - No, I only told my suspicions.
Q. Then you did not see the prisoner afterwards? - Not till he was apprehended.
Q. Was it that day? - No.
Q. What o'clock was it that you last see him? - About half past six.
Mr. Knowlys. I believe it was in consequence of an advertisement that you applied to Mr. Harpur? - Yes, it was, it offered two guineas if it was strayed, ten pounds if it was stole, and fifteen pounds if the person was convicted; would you wish to see the advertisement?
Q. On your oath did you describe the marks at Bow-street? - I described his tail being cut, I mean the hair being cut off the tail.
Q. Don't you know you did not? - I do not recollect.
Q. You have had a copy of the advertisement ever since? - On my seeing the advertisement in the paper, I kept the paper by me, for I said as I see the advertisement, I said that is the bullock that I see.
Q. Did you desire him to read it? - I believe I did; that was Friday last.
Q. On your oath were not you attending to give evidence in this place on Friday last? - Yes, I was.
Q. And you attending to give evidence shewed the advertisement to the slaughter-house man that killed the ox, and he is to be a witness called soon to describe it? - I suppose so, but I did not think any harm; it was read while we were drinking a pot of porter.
Q. How many times have you read the advertisement? - I cannot tell how many times I have read it.
Mr. Trebeck. After you had read it once, did you immediately say that was the ox? - I did, and I went to Mr. Harpur's immediately, and I said, that is positively the ox that I see last Friday.
Q. Then you shewed the paper to one of the evidence's; you were all here to give evidence? - We were.
Q. There was no harm in the transaction.
I live in King-street, Bloomsbury,
Q. Do you recollect when he called on you, or whether he called on you in May last? - I cannot tell what morning; that morning that he came by I was opening my windows, and opposite to our windows there is stable yard; the prisoner Rose stood against the end of the yard, I went over to the yard and spoke to the prisoner Rose, and asked him, what have you got a wild one here? no, says he, he is off his legs, meaning he was rather lame; I asked him whom he belonged to, and he gave me no answer, and I came away directly.
Q. Did you look at the ox? - I could take very little notice of him, because he was at a distance from me.
Q. Do you remember any person bringing an ox to your slaughter-house to be killed, on Friday the 22d of May? - Rose, the young man in the white jacket; the boys called gate, aha! I immediately ran from my horse; I was taking a horse out of the stable, and the bullock immediately ran up the yard; it was between seven and eight on Friday morning; I asked him whose it was? he said Mr. Corderoy's.
Q. Did you know Mr. Corderoy? - Yes, the butcher in Newport-market; the gentleman at the bar, on this side.
Q. Had you any other person of that name that dealt with you? - No. He told me it was rather wild, and cut down in both its legs, but not effectually, and to take care of it. There were two other beasts with it.
Q. Was any body with Rose, assisting him to drive them? - No, not in my sight.
Q. Did you see any marks on the beast? - No, I did not, I took no further notice of it, but went and washed my Horses legs, and put my horse in the stable, I left it in the pound, and went and fastened the gate.
Q. Did you see it afterwards? - I did not.
Q. Do you know whether that beast was afterwards killed? - Yes, it was, but not in my sight.
Q. Do you know whether that bullock was afterwards delivered to any body, after it was killed? - Yes, it was.
Q. Who delivered it? - My other fellow servant, I did not go with that cart.
ZACHARIAH BROOKES sworn.
Q. Where do you live? - At the bottom of Lewkner's-street, Holborn, I keep the slaughter house there.
Q. Do you recollect any beasts being brought to your slaughter-house on Friday, the 22d of May last? - Yes, I killed two for Mr. Corderoy that day, one was a cow and the other was an ox, of a black brown, more properly I may say a dark brown.
Q. With that mark was there any other mark? - Not to my recollection.
Q. Was that beast killed? - It was, it was a narrow made beast, it was in a killing condition, else it would not have been brought to me.
Q. Who was it sent home to? - To Mr. Corderoy.
Q. Did you receive any money for killing that beast? - Yes, of Mr. Corderoy's wife, to the best of my recollection.
Q. Did you take particular notice of the G, C? - I did not take any particular notice. If we see a mark we are used to see we don't take particular notice of it; but if it is a mark that is not customary we take further notice of it.
Mr. Knowlys. You did not receive this beast of Corderoy himself, and you was paid by Corderoy's wife? - Yes, to the best of my recollection.
Q. You know Hellum's mark of course as you have killed for Hellum? - Yes.
Court. I suppose you slaughter every beast that is brought to your house? - Yes; it is not proper for me to enquire how they came by them.
Mr. Frebeck to Hellum. Which side was your mark? - As I stand behind the bullock it is the right hip.
Q. When you made your observation on the beast, how was the beast? - Laying down in the pound, with his face towards me; I see it up afterwards. I think it laid on the left side, then of course the mark was uppermost.
Mr. Knowlys. You recollect no mark but Corderoy's that you see.
Mr. Trebeck to Hellum. Were your marks large or small? - Small.
Q. To Brookes. Was the mark small or large? - Large it generally is.
Mr. Knowlys. If this beast which you see with Corderoy's mark on it, and had at all been clipped on the off hip, as has been before represented, do you think you could fail to observe that? - Probably I might have overlooked it; beasts that came out of the country, and are jobbed about from fair to fair, have many marks on them, and I never take notice of any marks but the person's who sends them to me; if they were there I may have overlooked them.
Mr. Trebeck. Which is the off hip? - The left hip.
Q. To Hawkes. Did you know Rose before? - Yes.
Q. When this was brought to you, was the prisoner a servant of Corderoy's? - Not to my knowledge.
Mr. Knowlys. Did not you know him in the market? - Yes.
Q. I believe you have never heard any thing contrary to the credit of his character? - I never heard any thing to his credit.
The prisoner Corderoy called two witnesses who gave him a good character.
Prisoner Rose. I know no further than going to Smithfield on Friday, and it was before my master came in, and Mr. Corderoy called me, and delivered this same bullock to me to take home, in Smithfield market, and this here laid bullock he ran down St. John's-street, up Turnmill street, and up the New Road, and that was how Mr. Hawkes came to see me up the Duke of Bedford's-walk with this bullock, and I took the bullock home along with five more beasts, and I turned the bullock up the yard and two more, and told the man to take care of it, it was rather fresh and cut down.
The prisoner Rose called four witnesses who gave him a good character.
Court. I do not put Spencer on his defence.
Transported for fourteen years .
Tried by the first Middlesex Jury before Mr. RECORDER.
I live in St. George's in the East, the corner of Duke-street, in the New Road; I am a captain of the black army in the West Indies .
Q. Do you keep house? - Yes. On the 17th of October 1794, I was arrested by a son-in-law of mine, for fourteen pounds costs, put into a sponging house, in wellclose-square; I sent to one Benjamin Moses , a jew, to send some honest man to come and bail me, and this Benjamin could not come, there was an execution for him, so he was afraid to come; so this man, the prisoner, came and palavered my wife over, and carried my wife to East Smithfield, and drawed two bail bonds to take me out; so with that they got one guinea from my poor wife, and two shillings and seven-pence for searching the office, and desired me to pay the bail a shilling; so with that he said, I will get you out at night; then he sent my wife to me for a guinea; my wife came, and he got that guinea from her, she gave him the guinea, and he gave my wife this paper, and said, it would get her husband out at night.
Q. How came this man to bail you? - Benjamin sent him to me, and he said he would get a man to bail me.
Q. Did you ever give this man any money? - Yes. I paid him a shilling for the copy of the warrant, and two shillings and seven pence for searching the office. The two guineas he got from my wife.
Q. Do you know the prisoner? - Yes.
Q. How long have you know him? - Only the time my husband was arrested.
Q. If I understand you right, this man was to have bailed your husband? - He was to have two guineas for two bail bonds.
Q. What is Fernandez? - He goes about teaching.
I was coming home one Friday night, I see this jew, and this woman, Mrs. Bowling; Mrs. Bowling had been to her husband in the sponging house where he was arrested, and he said, I have got a man that will get him out this night; says the prisoner, have you got the other guinea? O, yes, says she, I have; O, then, says be, I will get your husband out to night; says he, where is the guinea? Says she, I have got it in my hand; and he took it out of herhand and ran down the street, and she hallooed out, and he said to the people, O, don't stop me. it is my wife.
Court to Prosecutrix. How was it about this second guinea? - I got the guinea from my husband; the prisoner was waiting in the square for me, and he pulled out the papers and said it is two bail bonds instead of two men, and he said, have you got another guinea? I said, yes; and he took the guinea out of my hand, and ran down the street.
Mr. Knapp. How soon did you go to Clerkenwell to preser this indictment? - I believe it is about a fortnight now.
Q. To Prosecutor. How soon did you go to the Grand Jury to preser a bill against this person for the first indictment? - It was in May.
Q. The money was got from you in October 1794? - Yes; I was in gaol, and I was sick when I came out in May.
Q. You was in custody for fourteen pounds costs? - Yes.
Q. You know Benjamin well? - Yes; he used to draw recognizances.
Q. To Prosecutrix. Did not you give the second guinea for the purpose of another person becoming bail, whoever that person was? - There was no person; it was under pretence of bailing.
Q. You never took the desendant up? - We could not find him.
Q. To Prosecutrix. Did you take out a warrant till the 2d of May? - I did not. I went to Mr. Davis, of Rupert-street; he said it was so long ago he could not give any warrant, he said I must indict him.
Q. Then you come the next session to indict him? - Yes.
Q. Before that session, and before you went to the magistrate, had you taken out any warrant? - I applied to the two magistrates in Ratcliff-highway, twice in May.
Q. Were you present when the warrant was served on the prisoner? - Yes; the judge's warrant was served on him
Q. To Prosecutrix. Did not you offer if you could get the two guineas again, you would not prosecute him? - I told him he must come and settle it with his master and my master.
Q. To Prosecutor. Do you remember bringing an action against Mr. Brown? Was not you in custody on that account, and did not you arrest Mr. Brown for two thousand pounds on that occasion? - Two Thousand pounds! I know nothing about it. I brought about one thousand eight hundred pounds with me from Antigua.
Court to Mrs. Bowling. You are sure that he took the money out of your hand? - Yes, as sure as I think to go to Heaven, because I can read in my bible, that I ought to keep my hands from picking and stealing.
Mr. Knapp. Did you know the black before? - Yes. I knew him in his white wife's time. The guinea was to get bail for her husband, I took on it so.
Q. Did not you hear this, that he was to receive the guinea in order to pay it to Mr. Noy, or the bail, in order to procure the discharge of the black out of custody? - I know nothing about it farther.
Q. Did you know the prisoner at the bar? - I know he was a jew; I have seen him before, but I know nothing of him.
Prisoner. Positively, my lord, it is a very false accusation; I went to the lock-up-house to Bowley, he told me that he was falsely arrested; I offered the bail of Mr. Benjamin, Mr. Hill refused the bail; I then took the woman to Mr. Noy, and then she gave Mr. Noy one guinea, and Mr. Noy went and searched. When she came to me again, I then said, good woman, I will trouble my head no more with you, I must be paid for my labour; she said, if I would do justice to her she would give a guinea. That other woman never was there, as sure as there is a supreme judge. I believe the prosecutrix gave me the second guinea in East Smithfield. Afterwards they came to me, on the 9th of June; I went up to them when they came and asked them if they knew I was a thief? They said, I was not the person; I was retained in Mr. Horsey's custody three quarters of an hour; then they came back, and the woman said they would make it up for two guineas; and the man says, you d-mned b-ch, I will have the expences of the indictment. She made no reply, but he tells her, positively swear, right or wrong, he robbed you; for which afterwards they made me out a bill of five pounds; I told them I would not go nigh them; then they wanted six pounds one shilling and sixpence; I then said, if I did any thing illegal I would go through the law. On that motive I come before this honourable Court and jury, to surrender myself up under no bail, in order to thew you my innocence. I have been brought up in the Portugueeze Hebrew College for fourteen years; I never wronged man, woman, nor child. I undoubtedly, at this present time, do educare poor children who cannot afford to pay me, because the times are hard; how much less would I commit that horrid
I am headborough of Whitechapel parish. The prosecutor brought a judge's warrant to me; I asked him where the person was to be found? He told me he was to be found at one Mr. Phillips's, in Cartwright-street, Rosemary-lane. I asked him at what time? He told me he would be there teaching some children between seven and eight o'clock in the evening; I told him if he should come I would go with him, but I could not tell the man by his description. Accordingly he came about eight o'clock, as nigh as I can guess, and I went with him to the house of Mr. Phillips, in Cartwright-street; I look upon it there were six or seven people sat there, all jews.
Q. Was the wife with you at this time? - No. I went in first, and he followed me; when he came in he staid for some considerable time, I said to him, who is the man that you want? he made me no answer; I said, God bless me, don't you know the man that you want He goes immediately up to this man that was sitting teaching some children, and he says, is your name Fernandez? Says he, what do you want with him? I said, he wants you to get some wages for him. He says, is not your name Fernandez? He says, no, I have a brother of that name. I says, God bless me, are not you certain of the man that you want? He then said, I will go and fetch my wife; and he went away, and I detained the man. When his wife came she stood similar the same as he did for some time, and she looks round, and says, is not your name Fernandez? He says, no, I have a brother of that name. Says he, mind what you are about, for if you take a wrong person you will be punished for it. Says she, then let me hear you speak; the man spoke; she then says, I don't think it is the man, I think he was rather taller. She asked him if his brother squinted the same as he did? He said, yes. The black said to his wife, d-mn your blood, don't you know Fernandez? Then afterwards she said, she did not believe it was Fernandez, she thought it was taller; then she said she wanted her two guineas; and her husband said, he wanted his expences. I said, as neither of you know the man, it will be very unsafe for me to take him. I left him there; the black and his wife, and I came out to gether, and she told me I should have took him till he had found his brother. I told her I had no right to take him for his brother, unless she was punctual that was the man. The next morning they came to my house to know whether Fernandez had sent to his brother to settle it with me. I told them he had not.
Q. Did Fernandez run away from you? - He went out backwards, and I thought he would run away, and I went out after him.
Q. What past the next morning? - I went with the black to petticoat-lane, to see to find him again, I told them if I should see him again, I should know him among a thousand. I went and found out where he had a school. I did not hear much about it that day, but the next day the black sent a little man for me to the public house, a lawyer, I believe he was; accordingly I went; there was a man with him, a short man, called me backwards, and he puts a note into my hand (I think they called him Ferguson) that was made out for the two guineas and the expences, they came to five pounds something odd; I gave the bill back again, and I said, if you settle it you must settle it among yourselves.
Q. After this did you ever see any more about the black? - Not till he came
Q. Then the man was not taken by you? - No.
Court. You are headborough of the parish? - Yes.
Q. When the man came to you with the judge's warrant, what did he say? - He said I was to find the man in Cartwright street, Westminster.
Q. Did the man live there? - No, Mr. Phillips where he was teaching lived there.
Q. Then when he had been there some time he went up and said that was the man? - No, he stood for some time, and then I asked him which was the man? and I told the prisoner, if you are the man, I have got a judge's warrant against you, for stealing two guineas, and I shewed it him; he said he was not the man, he had got a Brother of that name.
Q. Then what became of the man? - The man I detained there till his wife came; he went back over some low pales in the yard, he said he was going to the necessary.
Q. When he got on the other side, what became of him? - I catched hold of him; I made him go back over the pales again.
Q. You are sure that both the man and woman were uncertain as to his person? - They were, there were six or seven people there besides me.
Q. I suppose you know Benjamin? - I have seen him many times.
Q. How long have you known the prisoner? - I never see him before that time with my eyes.
I am a dealer, live in Cartwright-street, Rosemary lane.
Q. Do you know the prisoner at the bar? - Yes.
Q. Were you present with the last witness at the time that a judge's warrant was going to be executed on him? - Yes.
Q. Did the black man, the prosecutor, come with him? - Yes. When the black man first came into my house, he asked whether one Mr. Phillips lived there? I told him yes, I was Phillips; he asked me whether there was not a man in my house that used to get wages from on board a ship? I told him no; as soon as he spoke, before ever he spoke the officer came up to the man, and says, is this the man? he said he did not know, he would go and fetch his wife; he said he came for two guineas that his wife gave to bail him out. When the wife came she did not know the man, she knew he had another brother, and she thinks it was his brother, she was not sure it was he; the black man says to his wife, is this the man? this is Mr. Phillips's-schoolmaster, why will not you swear to him? she said she could not swear to him, she would see the other brother first; afterwards they reconciled it, and they would go home, and they desired me to speak to his brother for the two guineas, and the expences, what was the sum they mentioned I cannot pretend to know the particulars; they came to my house the next morning, and brought me a bill, and said they would take it as a say if I could give it him.
Q. Did you ever see the black afterwards? - A great many times, I met him once in Holborn afterwards, and I asked him how he came to swear a robbery against the prisoner, why did not he summons him? he said Mr. Benjamin had advised him to swear a robbery against him, because then he would be sure to recover damages.
Court. When Bowling said he came
Q. Did not you see him go out and brought back again? - No, I did not see that.
Q. When he was desired to speak to his brother about the two guineas, what did he say to that? - He said if his brother had it, he dare say he would not wrong any body of it.
Q. What did he say to his having it? - He said he never robbed any man on the highway in his life.
The prisoner called seven witnesses who gave him a very good character.
Court to Mrs. Bowling. When you went to take this man, had you any doubt about his person? did you know the man before? - Never before Benjamin sent him; I went to the house where he lodged, and the woman tells me he is a very bad man. When I went with Horsey and my husband, I told him he was the man, and when I came out, Horsey says, d-mn him he is the man, at last I said, why did not you take him, I told you he is the man, and my husband told you so six times.
GUILTY . (Aged 46.)
Prisoner. I am brought in guilty; as true as there is a supreme being reigning over the universe at this present time, I am as innocent of the accusation as a child not come forth from the womb of his mother, and if you was to take and hang me up momentarily, I should die with a free conscience.
Court to Prisoner. You know that you are the man that had the two guineas, by your own defence; you have attempted to set up a defence, founded, I am afraid to say, in perjury; your calling God to witness is a mockery of the deity. You know in your own conscience that you snatched the money out of this poor woman's hand, and these witnesses have aggravated your case exceedingly indeed, for you have now con-vinced me that you are a very hardened sinner indeed.
Imprisoned twelve months in the House of Correction , and fined 1s.
Tried by the first Middlesex Jury before Mr. COMMON SERJEANT.
I am a linen draper, shopman to Mr. King, Beech-street, Barbican, (No. 35.) On the 27th of May the prisoner at the bar came in and asked for some cloth, between three and four o'clock, her husband was with her; I sold her two small quantities of cloth, she then wanted some cotton for a child's frock; while I was shewing her the cotton, or measuring it out, one of the two, she dropped a halfpenny, and she stooped to pick it up, and I observed she was longer than necessary in that posture; when she arose from stooping I observed a kind of bulk under her cloak, that I had not observed before; she had two cloaks on, and she appeared very much in liquor; when she got up I looked very earnestly at her, and she seemed rather confused, I did not say any thing to her at that moment, but I put up the goods they bought in paper, and gave them to her or her husband, I don't know which, and her husband gave me half a guinea to give him change out
Mr. Alley. You say this woman readily went back with you. Is Mr. King here? - No, he is not.
Q. There was a good many customers in the shop at the time? - There may be three or four.
Q. What are you? - A linen draper.
Q. Do you conduct the business for Mr. King? - Yes, a manager, he is the whole and sole proprietor.
Q. Mr. Helus said something to you which induced you to follow a man and woman out of the house? - I sent Mr. Helus after the woman, I was got up to the door, and see Mr. Helus bring her out of the public house, Mr. Cooke's, the corner of White Cross street; I see Mr. Helus and the prisoner at the bar come out there both together; he brought her into the shop, I told her that I had a very strong reason to think that she had got some property of ours, which did not belong to her; she immediately assured me she had not, and seemed very ready to be searched; she had got two cloaks on, a black one and a red one; she seemed to throw them both entirely aside, so that I could see all round, and laid her hand down, and said we were very welcome, any in the house, to search her; from what observation I could make, there did not appear to be any thing of any bulky nature of consequence, she was not searched; after she was gone Mr. Helus comes up to me, and said, I am certain, or I am sure she has got something; I said then why have you let her go; I gave him no other answer, but went out myself; I went to the public house, I went up to the landlord, who was in his bar. I found the woman in a box by herself, I told her I was not at all satisfied about the business after all, for I found that the had brought a parcel into the public house, which she had not with her when she went from us, as I could perceive; I was determined I told her to see it; she told me she knew nothing of a parcel or bundle, she knew nothing what I meant; I repeated the same words over again, and told her if she did not produce it I would charge Mr. Cooke, the constable, who was the landlord of the house, with her; he immediately came up, and I gave charge of her; she immediately says, then
Mr. Alley. After you had searched this woman in the shop, did you hear her say to her husband that she was going back to the public house? - I did not.
Q. Is there any communication from one box to another? - Not that I know of.
EDWARD COOKE sworn.
I keep the King's Arms, Whitecross-street; I was in my bar, and Mr. Hurd came in, I cannot tell the day of the month, he asked me if there was not a woman that came in with a parcel? I told him there was a woman in the box that had a parcel with her, and I went along with Mr. Hurd, and shewed him where the woman was, and the parcel was laid by her.
Q. Was any body else with her? - No, nobody at all; Mr. Hurd then gave me charge of her, Mr. Hurd went round, and took the parcel from the side of her, and gave it me into my possession.
Mr. Alley. Do you mean to say that it was laying by the side of her? - When I went in it was laying by the side of her.
Q. Does not the bottom of these seats communicate one with another? - Yes, they do, there is room enough for a dog to go under from box to box.
Q. You went before the Lord Mayor at this examination? - Yes, I did.
Q. This poor woman's husband was there? - Yes, he was.
Court. Was any body in that other settle, next to where this woman sat? - Nobody sat in the other box on the other side.
Hurd. I can swear to its being Mr. King's property, it has a private mark on it, my own making, on Wednesday morning, as it was lost in the afternoon; this is the same that I picked up from the ground when I went in, and it was laying on our counter when the man and woman came in, I had just unfolded it to shew a lady that came in for something to make a boy's striped waistcoat.
Q. When you picked it up, was it on the seat, or down by her feet? - I only see it but once, and it was down by her feet, I see her before the landlord came up, I went round twice to her, and asked her for it before Mr. Cooke came up.
Mr. Alley. At this time there were some customers in your shop? - Yes.
Q. Who served this poor woman? - Mr. Helus.
Q. And yet you take on yourself to say that that bundle was on the counter when that prisoner came in? - Yes, it might for five minutes.
Q. Might not some other customer take it as well as that woman? - I knew it was on the counter when she came in, and the next time I see it it was at her feet.
Q. Were you not employed in serving customers when that poor woman came into the shop? - Yes, one customer.
Q. Now I suppose you were occupied in serving and shewing your goods, and I dare say you are very police and genteel in praising your articles? - Undoubtedly I might, as all other tradesmen will do, I can swear that that was on the counter when the man and woman came in.
JAMES AMBER sworn.
I happened to be coming into the public house, and I see the piece of linen laying under the bench of the settle in the tap room of Mr. Cook's house, and I asked the prisoner whose it was? and the prisoner said it was her's. I believe it may be about four o'clock, as near as I can tell. Soon after that Mr. Hurd came in while I was there.
Q. When Mr. Hurd came in did he claim the piece? - Yes; he came in, as far as I could understand, to see what piece she had, and he took it from her.
Q. The piece that she claimed as her property, was that the same that Mr. Hurd took? - I don't know, it might possibly be the same piece.
Q. Was there any other piece there? - Not that I know of.
Q. Do you know whether he claimed the same piece? - I think it was. I have not any particular doubt; but it is so long time ago.
Q. I am asking you whether that piece that Mr. Hurd claimed was the same that she spoke of before as being her's? - Yes, that was the same piece that I detected on her certainly.
Mr. Alley. How long had you been in this public house? - A few minutes before Mr Hurd came in.
Q. Was there any body by at this conversation between you and the woman? - Not at all; she was in a box by her self.
Q. Give me leave to ask you who are you? - I am a painter by trade.
Q. Where do you live? - Whitecross-street, Cripplegate, right opposite Mr. Lewis, the organ builder and turner; I cannot tell the number of the house; I have lived there now going on six years.
Q. Can you tell me whose house you live at? - Mr. Page's.
Q. Are you a married man? - Yes, My wife and I don't live together.
Q. You might be afraid that that gentleman would attribute that this bundle night have been laid on you? - I will grant you that.
Q. Don't you think that your saying the poor woman acknowledged it to be her's that you clear yourself of the chance of accusation on the subject? - I don't think I do.
Q. To Helus. I believe when this poor woman was questioned about taking the property, she told you that she saw some body going out of the shop with a bundle? - I don't know that.
Prisoner. I leave it to my counsel.
Court to Hurd. What is the value of that cotton? - Two pounds sixteen shillings.
The prisoner called seven witnesses who gave her a good character.
Of stealing, but not privately.
Imprisoned one month in Newgate , and fined 1s.
Tried by the London Jury before Mr. COMMON SERJEANT.
Thomas Potter .
I live at the Green Dragon, in Fleet-street ; I keep it In the morning of the 12th of June, a quarter before eight o'clock, the prisoner went out of my house; I observed something under his coat; I did not immediately take notice of it; I went into the tap room to speak to somebody that was there, and a niece of mine said, I think uncle, that man has got something he should not have. I immediately ran out of the door and fetched him back, and sent for his master, his master came, and he begged to go into a private room; I told him we had no private rooms for any body. He went into a parlour after his master came, and there he pulled out the goods himself, without any searching, from under his coat, lapped up in his apron, six iron bars. His master asked him how he could think of doing such a deed as that where he was employed? He said, he found them in the cellar, under some rubbish, with a board on them.
Q. Where were they taken from? - From my wash house, from the copper hole.
Q. Was he a workman there? - Yes, he was doing plaistery work in my house; he went down to fetch some stuff to work with, and took these iron bars from the copper hole.
Q. Had you made him any promise before he said he found them? - None.
I am a constable; I produce the property given to me by Mr. Potter, and they have been in my custody ever since.
Q. To Prosecutor. The same bars you found on the prisoner, you gave to the constable? - I did.
Prisoner. I was working at the house four days; I was ordered away on Wednesday night, to do a job in Fetter-lane, from there I was ordered to a stationer's facing the plaintiff's house, which I worked the remainder part of the day. Friday morning I got up at three o'clock and took my tools and pail of water, and a scaffolding to do a passage that joins to the stationer's house; I went through Mr. Potter's house to a large back building that leads into Lombard-street; I went down into Mr. Potter's cellar for some stuff; at seven o'clock I had used my stuff, I went to Mr. Potter's house again to get some more, and I took a bit of board up for to put some stuff on, and I saw these old bars laying, in a cellar forty yards from the dwelling house. Mr. Potter said they were his property; I begged his pardon, and told him to have them, that I did not know they belonged to him.
Court to Prosecutor. Is your wash house far from your house? - It is a detached building from my house; I have a little yard between it and my house.
Q. When had you used this copper before? - We had not used it for some time because the back premises were under repairs.
The prisoner called one witness who gave him a good character.
GUILTY . (Aged 55.)
Imprisoned one month in Newgate , and publickly whipped .
Tried by the London Jury before Mr. COMMON SERJEANT.
JAMES SPEARING was indicted for feloniously stealing, on the 11th of June , one hundred and twelve pounds weight of mottled soap, value 3l. 12s. the goods of Benjamin Noton and George Eade ; and
The case was opened by Mr. Knapp, and the prisoners were ACQUITTED .
Q. You have a partner, what is his name? - Benjamin Noton.
Q. You are tea dealers , in Fleet-street, in the City of London? - We are. On the 13th of June, having received information that gave me reason to suppose that the prisoner at the bar robbed us of soap frequently; I ordered Mr. Rutter, our clerk, to mark the soap in such a manner as he would be able to swear to it, and to watch the prisoner at the bar. I should also mention that I ordered him to mark both ends of the soap. They were marked (I saw them afterwards) at both ends with a key, which one of the witnesses has in his possession. On Tuesday morning, the 16th of June, I see him go down into the cellar; I told Mr. Rutter, our clerk, of it; and he went down after him. When the prisoner came up again out of the cellar, I employed him unpacking a bag of sugar; when Mr. Rutter came up, in consequence of something that Mr. Rutter had said to me, I told him that I was told that two cakes were missing, that I suspected he had them; I felt in his pocket and found he had half a cake, before I searched he denied having any about him; he produced the one half cake, and said it was the only soap he had ever taken from me; I told him it was marked with a key pointing to the end, and I was convinced he had the other half about him; he absolutely declared he had no more. I stroked the other pocket down, and I thought I felt something, and I told him it was there; he said it was a bone; he put his hand in, and he pulled the other half out; I told him he had another cake about him, I told him that the constable was sent for, and he must find it when he came. He pulled off his apron and pulled out half a cake from each side of his breeches, which was marked in the same manner that the other cake was.
Mr. Alley. You told the prisoner that if he did not confess to you he must when the constable came? - I told him if he did not produce the soap then he must be searched when the constable came; I told him that if he would confess, so that I might prevent such things in future, he might expect mercy. This was before the constable came. He would not confess, he still continued to deny it.
Q. You live servant with the prosecutors, Messrs. Noton and Eade? - Yes, I do. I marked some soap, on the 13th of June, I marked twenty two bars in one chest, I put the letter N with a piece of stick at the top, and I marked it with a key at the end of the bar.
Q. Did you see the soap that was afterwards taken from the prisoner? - I was present at the time. I am sure it was the same soap.
Q. Whose property is that soap? - Noton and Eade's.
Q. You are sure from looking at the top that it had these marks you yourself
Mr. Alley. This is common mottled soap? - Yes, it is.
Q. You could not have known it without marking it? - No, I could not.
Mr. Knapp. But with marking you can swear to it? - Yes, I can.
Q. You were sent for by Noton and Eade this day, did you take the prisoner into custody? - Yes. I see him take a cake of soap out of his breeches; I afterwards searched him and found nothing on him. There were two other pieces laid before him; it was all sealed and put into my custody.(Produced.)
Rutter. This is the same soap, I have no doubt in the least.
Prisoner. Mr. Rutter has sworn as false as God is in Heaven; at the time the soap was produced he was not in the parlour. The soap was given me because I had a family, a wife and four children, and it was given me because the distress that I was in to help in washing.
The prisoner called four witnesses who gave him a good character.
GUILTY. (Aged 34.)
Judgment respited .
Tried by the London Jury before Mr. RECORDER.
367. THOMAS SPENCER was indicted for feloniously stealing, on the 9th of June , an earthen ware saucer, value 1d. five silver tea spoons, value 1l. and a pair of base metal sugar tongs, plated with silver, value 6d. the goods of Susanna Robinson , widow .
SUSANNA ROBINSON sworn.
Q. Were you robbed at any time of the things in the indictment at any time? - Yes, I lost them from the parlour adjoining to the shop, on Tuesday the 9th of June; I was gone into the bake house out of the shop, while I was going I thought I heard somebody, but when I returned I perceived the prisoner at the bar with five tea spoons in his hand, and a pair of sugar tongs, and the saucer, and he ran out of doors; I ran out and gave the cry of stop thief! and he ran into Bridgewater square, where he was stopped, and he flung the tea spoons down an area, in a court adjoining to Bridgewater-square; I did not see him fling them down; I never lost fight of him at all. A man stopped him who is not in court.
Q. Were they picked up in the direction that the man went? - Yes, they were; they were brought back to my house by a person of the name of Dawkins.
Q. Who has had the care of them ever since? - The constable.
Q. When they were brought back were they delivered to the constable or to you? - They were delivered to neither at first. I was asked to describe the cypher on the spoon, which I did. I received them of the man that found them and delivered them to the constable.
Q. Are you perfectly sure the prisoner is the same man that was in your house? - I am positive that is the same man.
Mr. Knowlys. Are you a widow? - Yes, I am.
Q. That is some considerable length? - There are two rooms and a stair case.
Q. I think you say you lost sight of him? - No, I did not say any such thing.
Q. What pace was he going when he was stopped? - Running as fast as he could, to make his escape from me.
Q. You are as sure of that as you are of every thing else? - I certainly am sure of it. The man who stopped him, I believe, has some inclination to say what is not true.
Q. You appeared before one of the justices or aldermen? - Yes, Alderman Plomer, I believe it was.
Q. Was he committed on the first examination? - No, he was not.
Q. He had a second examination? - He had.
Q. Did you give that account before the justice, and say that he never was out of your sight? - Yes. The alderman put it off till another examination, in consequence of the man that stopped him not being there, and then he asked him if he stopped him? and he said, yes; that was all he said.
I live at No. 3, White Hart-court, Bridgewater-square; I see the prisoner running round Bridgewater-square, into Hart-court.
Q. Do you know the house of this widow where she lives? - That is in Barbican.
Q. How far was he from Barbican? - It may be a hundred yards or more.
Q. Did he carry any thing in his hand? - A blue and white saucer; I see him stumble on the rails.
Q. Did you see him throw down this saucer? - No.
Q. Are you perfectly sure that is the man that was running with the saucer in his hand? - That is the man.
Mr. Knowlys. Did you see Mrs. Robinson at the time the man was taken? - I did not.
Q. Do you think if a woman had been running after a man that you should not have seen her? - I see no woman running, not to take notice of her.
Q. Is she an acquaintance? - A slight acquaintance as a neighbour.
I am a watch-maker; I work for Mr. Upjohn, the corner of Bridgewater-square, and I heard a hallooing, and I ran to the window that faces into the court; I see the prisoner running, and a man after him.
Q. Whereabouts was the prisoner when you see him run? - In Hart-court; the shop window faces up Hart-court. I directly runs out of doors, and I see the prisoner as if he was raising himself up from the area, he had in his hand a blue white saucer. A man had then got hold of him by the collar, with his shirt sleeves tucked up, but there was another man that came up and took hold of him. I see him throw the saucer away after I walked behind him, he dashed it down.
Mr. Knowlys. I would ask you whether before he was stopped, he was not walking very deliberately? - No, he was not, I could not see him run far.
Q. Perhaps he was stopped before you got out of your shop? - No, he was not.
Court. Did you say that you see him stopped? - I did not see him stopped, he was running past the window, and again I got to the door he was stopped.
Mr. Knowlys. Do you recollect an enquiry being made about Lawrence Jones, a man that was tried here? - I know nothing about that.
I produce the property; I am a constable, I was sent for, I received them of one Dawkins.
Q. Have you kept them till now? - Yes, I have.
Mr. Knowlys. Did you see the man who stopped him? - He is at the door, he was bound over, but he never attended, and so they sent him a subpoena.
Q. Pray what time did you come up with this man, at the time that he was stopped? - I never came up with him at all.
Q. Did not you swear that you see him taken? - So I certainly did.
Q. You was present when he was taken? - I was, I pursued him to the end of the square.
Q. You subpoenaed the man who stopped him? - No, I subpoenaed the man whose area they were found in.
Q. They acquaint me that you were acquainted with Mr. Jones? - I never knew such a person.
Q. Perhaps his wife lodged with you? - She did lodge with me for three weeks, but I did not know she was there.
Q. Perhaps your house was searched for such a person? - No, never.
Q. Is not your house let into different tenements? - Yes, my house is a very large house, and I let lodgings.
Q. Perhaps a few single ladies lodge there? - No, there is not.
I am a watch-maker by trade, I picked the spoons up out of my area, and a pair of plated tea tongs. My house is No. 2, Hart-court, Bridgewater-square. I heard the cry of stop thief.
Q. Did you see any body pass by your house? - I could not, I work up at the top of the house, I heard the gingling of spoons as they fell, as I supposed they were spoons.
Q. How soon did you go down? - Immediately, and I went down stairs and picked up the spoons immediately, and carried them to the house of Mrs. Robinson, in Barbican.
Q. Who did you deliver them to? - To the constable I think I gave them to; I made her describe the marks first of all; I believe they are all odd spoons.
Prisoner. Here is the man here that stopped me as I was walking quietly
Q. You stopped the prisoner at the bar? - Yes; I stopped him just by a corner, so that I could not tell whether he was running or walking.
Q. Who subpoenaed you? - Nobody, I come voluntarily, and there I went accordingly.
The prisoner called two witnesses who gave him a good character.
GUILTY. (Aged 20.)
Judgment respited .
Tried by the second Middlesex Jury before Mr. RECORDER.
368. ANN BUCKLEY was indicted for feloniously stealing, on the 30th of May , seven pounds weight of tallow candles, value 3s. 6d. the goods of Henry Jacobs and David Solomon ; and one muslin cravat, value 1s. the goods of David Solomon, Henry Jacobs: and MARY BROWN was indicted for feloniously receiving seven pounds weight of tallow candles, being parcel of the above goods, knowing them to be stolen .
I have lost candles several times, but I cannot say when.
Q. Have you any partner? - Yes, David Solomon ; we are tallow chandlers ; Ann Buckley was my servant , she had not been in the house but one week; on Saturday, the 30th of May, I was alarmed by the neighbourhood that I had been robbed; Ann Buckley was sitting in my kitchen crying; the neighbours called up to the windows for me (my kitchen was up one pair of stairs) they said they had a woman in hold in the street, that had some candles, which the servant had delivered out at the counting house window; that woman is Mary Brown .
Q. Had Buckley left your service at that time? - No, she was in my service, she had lived with me but a week.
Q. Are you in partnership with the other? - Yes. On the 30th of May, about seven o'clock in the morning, we were alarmed by the neighbours, that we were robbed; coming down I understood that the old woman (Brown) was detected with some candles; the servant was in the kitchen (Buckley) the other prisoner was in the street, but afterwards brought in; the candles were found on the old woman.
Q. Did you see them in her possession? - I did not, I see them in the kitchen afterwards, in possession of the constable; I believe the constable took them off the table.
I live at Sermon's, the butcher's, in Duke's place; the night before this robbery I was very much in liquor, and I came home the next Saturday morning, about ten minutes after seven; I heard of an alarm that Mr. Solomons was robbed; I ran round and see an old woman tying up her garter.
Q. You delivered it to the constable? - Yes, I did.
- CABIDA sworn.
I am a constable, I produce the bundle.
Q. You have kept it from then till now? - Yes; it was opened before the grand jury; there are two candles in it of a very particular make; I searched down Ann Buckley, and I found this cravat and night-cap in her pocket; then I searched Mary Brown , and I found this box, containing some duplicates.
Q. Did these duplicates lead to any property? - Not that I can trace.
Q. Did Buckley say any thing to you at the time? - No; she told me she had taken the handkerchief from some part of the house to wash it; I shewed it to Mr. Solomons, and Mr. Solomons owned it, because there was a mark on it that he knew.
Q. To Lion. Was there any other person about when you see the old woman by the bundle? - There was nobody else about; a little girl told me there lays the bundle.
Q. Then there was a little girl about? - Yes.
Solomons. The cravat is marked with the initials of my name; I missed two.
Q. Did you know they were missing before you found them on the prisoner? - I did not.
Q. Had you any other servant in the house? - No.
Q. Did she wash the things that were to be washed in the house?
Jacobs. She was hired to wash in the house, but I don't know as she did wash, because she had been in the house but a week.
Prisoner. The sister in the house gave me the things to wash.
Both Not GUILTY .
Tried by the London Jury before Mr. RECORDER.
Q. Have you any partner? - I have, John Hickson.
Q. What is your business? - Iron founders and stove grate manufacturers. On the 4th of June I had reason to suspect the prisoner, and between one and two o'clock I watched him as he came into the warehouse, I happened to be up stairs, he did not know that I was up stairs, but from up stairs I could see him in the lower warehouse, I see him after he had been a little while in the warehouse, stoop down and lay hold of two pieces of cast iron, that we call back
Mr. Knapp. How long has he been a customer of your's? - Ever since I have been in business almost, since Christmas.
Q. You refused to trust him because he owed you three shillings and sixpence before.
Court. What is the value of this? - About five-pence, I should not have charged him but six-pence if I had sold them to him, but I have lost things of greater value, which I have reason to suspect he took them.
Q. Are you the foreman? - Yes; I was not in the warehouse; the prisoner came in and ordered a set of metal, the metal was not cleaned off; while the metal was being cleaned in the trimming-room, he was in the warehouse, suiting himself with a pair of back legs, and wanted none; I was watchman him in the mean time in the casting shop, while I was watching him he put the back legs in his pocket; when the metal that he wanted was weighed, he wanted master to trust him, master would not, he then said to me, will you pass your word for me, George? I said no, I will not any more, then says he, I must leave it; he went out of doors and I went after him about fifteen or twenty yards, and I said, what have you got in your pocket more than you should have? he said, nothing; I felt his left hand pocket, and there was nothing in that, and I felt in his right hand pocket, and there was the back legs that I see him put in.
Mr. Knapp. You sussered him to go out of the warehouse? - I did, because I had heard people say, that you cannot take people till they are out of your house.
I work for Mr. Knibbs; after the prisoner was taken I was sent for, and I found the back legs on him.
JOHN HUMPHRIES sworn.
I am the constable that took the charge of the man; I produce a pair of pantheon stove back legs.
Q. To Prosecutor. Are those the things that you see him put in his pocket? - They are; my foreman gave them to the constable.
Q. To Cooper. Did you see him put then in his pocket? - I did.
Q. You gave the same to the constable? - I did.
Mr. Knapp. Do you mean to swear that no other manufactures has such things as that? - I know them, I have made many of them.
Q. Did you make them? - I do not mean to swear that, because I do not
Q. Do you mean to swear that that fort of articles which is now produced, were not sold in the course of that day, or the preceding day, to any other person? - Yes, I will swear that.
Q. The mark you swear to was put on after they were taken from the prisoner? - Yes; there was no mark on them before the prisoner was taken, and if I had not see I him put them in his pocket I might not have been able to swear to them.
Prisoner. The day before I laid out about six and thirty, or forty shilling; I bought six pair of back legs the day before.
The prisoner called five witnesses who gave him a good character.
GUILTY . (Aged 57.)
Imprisoned six months in the House of Correction and fined 1s.
Tried by the London Jury before Mr. RECORDER.
Q. Where does Mr Frost live? - In Blackstairs, keeps the Horse and Groon livery stables; it was between nine and ten in the morning.
Q. Who delivered the great coat? - I did, to Richard Beech , I desired him to carry the coat to Mr. Frost, with my compliments that I had sent the coat home, it belonged to Mrs. Frost; he came back in the afternoon, and I paid him four-pence for carrying it, about four in the afternoon, and said he had carried it safe; Mr. Frost said the coat never came there.
Q. Was there any directions on the coat? - No, he said he knew the house very well.
Prisoner. That gentlewoman delivered the coat to me.
Q. You live in Blackstairs-road, a stable-keeper ? - Yes; the coat was my wife's, she lent it the 19th of June, to Miss Munt, to go home with, and it never was returned.
- BALL sworn.
I was constable of the night on the 20th of June at the watch-house; the prisoner was brought in by the order of Mr. Munt, on Saturday, the 20th of June; young Mr. Munt came with him, charged him with having made away with the great coat, which his sister had entrusted him with, to take to the other side of Blackfriars Bridge; Mr. Munt, in the presence of the prisoner, said, that he had been over with him to the door where he said he delivered the coat, it was a fixed door, and there was a desk fastened inside; the prisoner persisted he delivered
I am a taylor and salesman, in Monmouth-street. This gentleman (the prisoner) I believe it is the same, he came to my house on Saturday as he was taken up with the coat, he told me that a lady had given it to him to sell.
Q. On what time did he come to your house? - About the middle of the day I think; he asked me a guinea for it, he said that was the price he was to have for it; I told him I would give him seventeen shillings, he was going towards another shop, and I called him back, and told him I would give him eighteen shillings, and if the lady did not like to take eighteen shillings, if he came back again I would return the coat; whether he meant to bring the coat back again with out my calling him I don't know; I did not hear no more of it till Monday; I have got the coat, I gave him eighteen shillings, he left the coat with me; on Monday his wife came, and asked me and one of the servants, whether we had bought such a coat? - I said I had, and she said it was a coat that her husband was intrusted with. (Produced.)
Q. Are you sure that is the coat you bought of the man? - Yes.
Frost. It is my property, I am sure of it.
Palmor. When his wife came she said that she would give me the eighteen shillings to let her have the coat, for the owner had promised that if the coat was brought back she would not hurt him; I said I would not deliver it to her, I would deliver it to the owner myself, and when I took it back to the owner, they said they must not take it in.
Prisoner. That gentlewoman delivered the coat to me to carry over Blackfriars Bridge, and I carried it to the second horse ride ever the bridge, and I delivered it to a gentlewoman that I never see before, nor I never see since; I took it to be a gentlewoman that was maid to the house, or bar-maid, or something; I came back again to Mrs. Munt's, and she paid me a groat for carrying it; about eleven o'clock at night I was going to bed, and the son came and told me that the coat was not delivered; I told him I would go and shew him the place, I went with him at that time of the night, and shewed him the place, and the people were gone to bed, and they took me to the watch-house that night. As to that man (Palmer) I never see him with my eyes to my knowledge, nor this Mr. Frost; I did not sell him no coat, no never; when I was taken to Guildhall the first day, I was remanded back again, thinking I should tell where I had pawned it, or sold it, but I said, I have no other story to tell, nor no other story will I tell.
The prisoner called three witness who gave him a good character.
GUILTY . (Aged 64.)
Recommended by Miss Munt to the mercy of the court.
Imprisoned one month in Newgate , and fined 1s.
Tried by the London Jury before Mr. COMMON SERJEANT.
Mary Savage , spinster .(The case opened by Mr. Knowlys.)
Q. I believe you are a servant to doctor Jones, in Golden-square? - I was at the time.
Q. On the 11th of June did you expect a box in town? - I did; I went to the White Bear, Basinghall-street, in going up Snow-hill I discovered a man with a couple of mackerel on a string, in his right hand; l asked him to be so kind as to direct me the road to Basinghall-street; he told me he lived very near it, and desired me to go along with him; I did not tell him I was going to the White Bear; when I got to a Church-yard, I desired him to direct me, I did not want him to go with me any further, but he went with me; he then asked me what part of Basinghall street I was going to? I told him to the White Bear; he then told me he was not got to the place where he lived, and he went with me to the inn-yard, I thanked him, and told him I was sorry I had been so troublesome, he told me he would go up the yard with me; I asked for my box of William Baker, the book-keeper.
Q. Was the prisoner by when you paid the money? - He was; a porter was standing by, I desired him to take it on his back, and take it to the first coach stand; the prisoner at the bar then touched me by the right side of the apron, and told me they had charged me two shillings too much, and said, if you will go along with me two yards, I will get you a coach; the agent and the proprietor were by; and I said, I would be obliged to you if you will take care of my box, and I will come for it; the box
Q. Did you shew the place to any other person? - I did, to Mr. Jackson, and to Mr. Hardle; it is opposite a church in Wood-street (Bull Head passage.) He told me that was the stand for coaches, and there was no coach there; he says, I will leave my mackerel at the corner here; then he said, be so good as to go in and take a glass; I told him it was what I never did.
Q. Did you go in? - No, he did, and left the mackerel there; he came out to me, and took me up a passage close by the door, and I see the kitchen, and he took me through a great many more alleys, till he took me into Smithfield; as we were going along I told him I was very sorry there were no coaches nearer; he said there were no coaches allowed to stand in the City, they stopped up the gateways; I went along, he told me that the goods were conveyed in coaches to the lower part of the City, and then took into carts; he asked me if I was not a Yorkshire woman? I told him I was brought up in the city of York. I then went into Smithfield, and he said, look here is a coach. There was one coach and only one that was on the stand at that time; he went along till we came to a narrow passage, and then he went against the wall, as though he was going to make water, and told me to go to the coach.
Q. You went to the coach? - I did, and I waited ten minutes for him, and he did not come, and I told the man to drive me to the White Bear, Basinghall-street; I thought he did not want any more trouble with me.
Q. Did you ever see the prisoner before? - No, never in my life.
Q. Then you went in the coach to the White Bear? - I did. When I got to the White Bear I asked for my box.
Q. After you told your story did any body go with you from there? - Yes, Thomas Mardle. We went to the place where he left the mackerel, and gave directions to take up the man that left the mackerel whenever he returned; these directions were left with the wife; the man of the house was not at home.
Q. Are you sure the prisoner is the man? - I am sure it is the same man that went with me.
Mr. Knapp. You never saw this man before? - No, nor never was in the City before.
Q. You went through a variety of alleys with him? - I went through no street; I only recollect Dean-court; I went first to the Saracen's Head.
Q. You had a letter informing you of a box coming to town? - Yes.
Q. Is any of the persons here that sent you the letter? - No.
Q. You had not mentioned any thing about the box till you got to Basinghall-street? - No.
Q. Are you one of the clerks at the White Bear? - Yes.
Q. Did she come to the inn for a box on the 11th of June? - Yes, about eight o'clock in the evening.
Q. To Savage. What time was it that
Q. To Baker. Do you know the box? Yes. (Produced) That is the box; it came by the York waggon.
Q. Did any body come with her? - Yes, the prisoner at the bar.
Q. Did she pay you for the box? - Yes, six shillings and a penny.
Q. Do you know what became of the box? - I cannot say; after she paid for the carriage I left it.
Q. How long was it after this that you see the prisoner at the bar? - The next morning at the Castle, at Guildhall.
Q. Did you recollect him then? - I did.
Mr. Knapp. How many waggons come to your inn? - The Lincoln and the York.
Q. Of course you have many boxes come there? - Yes.
Q. What were the directions of this box? - Mary Hulme.
Q. You had never seen the prisoner before that time? - No.
Mr. Knowlys. Still from the little opportunity you had of seeing him you knew him? - I took particular notice of him.
Mr. Knapp. Do you take notice of every one? - Not of every one.
Q. How came you to take particular notice of him? - Because of the mackerel in his hand, and we were talking some time, a quarter of an hour.
I am stableman to a gentleman in Basinghall-street; I attended formerly as porter in this yard to the waggons. Between eight and nine in the evening. on Thursday, the 11th of June, I locked Mr. Brookes's stables, I was going into this yard, and I met that man, the prisoner at the bar, with the box under his arms, and I asked him if he wanted a porter? he was within two yards of the street, he had pitched the box on the end facing the tap room door; I told him the box was heavy and would give him a sweat if he intended to carry it without a knot; with that he takes the box up, I told him I would thank any person to give me a lift, and that I was a porter; I did lift it on his shoulder; he said he was going no further than Aldersgate-street; he went through Church-alley, and there I lost fight of him. About a quarter of an hour after, I cannot say to a few minutes, the woman came and asked for the box, and then Mr. Jackson said the man had been there and had got the box. I went with the woman till we came to Aldersgate-street.
Q. Did you go to any public house? - I did.
Court. Look at the prisoner. Are you sure that is the man that you see with the box? - I am very sure.
Q. How long was it after that you see the prisoner at the bar? - The next morning, at the Castle public house.
Q. Was he with other people or alone? - Twenty people were there, I suppose.
Q. Did any person point him out to you? - No person at all.
Mr. Knapp. The prisoner put a box on his shoulder? - Yes.
Mr. Knowlys. Should you have any recollection of the box? - No. That seems to be the same box, much about the same size.
Q. Are you the wife of the person that keeps the public house, Bridewell precinct? - Yes.
Q. Was there any box left at your house? - Yes, there was, the 11th of June, between eight and nine in the evening.
Q. Do you know the person that left it? - The prisoner at the bar is the man; he put the box on the table and called for
Court. Did you ever see the man before? - No.
Q. It is very odd to let a man leave a box there? - It is what we are very liable to in a public house. Three watchmen came in and corded it up with a cord, just on the hour of nine, and one of them left it in the parlour.
Q. Did he leave the box? - He did.
Q. Did he ever call again? - No.
Mr. Knapp. How long was he with you? - About half an hour.
Q. The things that were taken out of the box you don't know what they were? - No, nor the box only from the cracking of the lid.
Q. Who did you deliver the box to? - To nobody at all; it has been in my custody ever since, by order of the alderman; and I am certain this is the box, and this the box that I asked him if he could not open without breaking.
Mr. Knapp. The watchmen used your house? - Yes, we pay them.
Q. You are one of the watchmen of Bridewell precinct? - Yes.
Q. And you was at Mrs. Woodland's this night? - Yes. This is the box, and that is the man, I believe. I had been there some time, the prisoner had an handkerchief open at the side of the seat, there was something in it, but what I cannot tell.
Q. How was the box? - Open. Whether he took any thing out of the box I cannot say.
Q. Did you see him put any thing into the handkerchief? - No, he asked me to cord the box, and I did, and afterwards he asked me what it would cost for a coach to go to John-street, Oxford-road; and then he called for a pint of beer, drank it, and he tied up the handkerchief, and went away, and I see nothing of him any more till I see him in Bridge-street, as I was on my beat, I see him go along; he asked the landlady to let the box stay there half an hour, and she consented, and she locked the door, and he went away.
Q. You went away to your beat? - Yes, the corner of Tudor-street.
Q. He knew you was a watchman? - Certainly he did by my coat.
Q. Were there any other watchman there? - I am not certain whether they were or not. Before I carried it up I was untying the cords, and he said cut the knots off; and I said, if you out all the knots off it will be too short.
Court. Did not this create a suspicion in your mind seeing a man uncord the box? - I did not see it broke, it was broke before I was in.
Court. Next time you see a man with a box open, ask him how he came by it.
JAMES PADMORE sworn.
I keep the Bull Head and Three Tuns, the corner of Bull Head-passage, Wood-street.
Q. Had you any orders left at your house if any person called for fish to stop him? - Yes, I do recollect the day; about half after seven the next morning, a person called for the mackerel, the prisoner at the bar.
Q. Did he say any thing? - He called for a glass of porter, and he turned round and asked me for the mackerel that he left there the evening before.
Q. Did you know him? - No. I told him I did not know of any mackerel, but I would enquire of my wife; he said he would call again in half an hour; I then told him the circumstance, and he was taken into custody.
Prosecutrix. That is my box.
Q. Have you ever seen the contents? - No. I lived in Yorkshire, and there is the direction of Hulme on it; I have an uncle there. Here is a letter in it that I have never seen before, from a cousin, in Yorkshire. Here is besides, a key in the letter that opens the box. My gown is gone.
Q. Did you pack up your gown in the country? - I did; I have the piece of my gown here. I have lost five gowns,&c.
Prisoner. I leave it to my counsel.
He called four witnesses who gave him a good character.
GUILTY. (Aged 21.)
Judgment respited .
Tried by the London Jury before Mr. COMMON SERJEANT.
Second COUNT for having another bad sixpence at the same time in her custody and possession.
(The indictment opened by Mr. Knapp and the case by Mr. Knowlys.)
Q. Have you ever been sworn before? - No.
Q. Have you ever learned your catechism? - No.
Q. Is it a good thing or a bad thing to tell a lie? - A bad thing.
Q. If you say what is false where will you go? - To a bad place.
Q. How old are you? - Going of my tweifth year.
Q. What is the name? - John Wall.
Q. What time was it? - In the afternoon.
Q. Were you in the shop? - Yes. She cheapened a bit of pork, two penny worth.
Q. What did she give you? - A sixpence, and I gave her four-pence.
Q. Did the maid give it you back? - Yes, and then I came back into the shop, and the woman was in the shop; I asked her if she would please to change the sixpence? and she said she would not, and she said that I had changed it.
Q. Had you changed it? - No, it was the same sixpence.
Q. After she had refused, what then happened? - She said, it I followed her she should murder me. She went out, and I followed her at a distance from her, I followed her up to Bunhill-row, and a gentleman stopped her; I was crying, and the gentleman asked me what was the matter?
Q. After he had stopped her what became of the prisoner? - Then she ran into Chiswell-street, by a worsted shop; she put her hand into her pocket and pulled something out from her pocket, in a paper, and it dropped down; it was a bit of white paper wrapped up.
Q. When the paper was undone, did you see what fell out? - Yes, the money fell out; I did not see it, but I heard it fall.
Q. Did you see any thing taken up? - Yes; I believe it was six sixpences; I cannot say; I see some of them taken up, three or four by Mr. Fielder that had stopped her. She was then taken to the watch-house by Mr. Fielder.
Q. You then appeared before the alderman the next day? - Yes.
Q. Is every part of what you have said true? - Yes. That is the woman, I am sure of it.
Q. What became of the sixpence that woman gave you? - I gave it to Mr. Fielder.
Q. You are a servant in Mr. Wall's house, a porkman, in Grub-street? - Yes.
Q. Is that little girl his daughter? - Yes.
Q. On Tuesday, the 16th of June, did the little girl bring a sixpence to you? - Yes, in the back room.
Q. Did you see the little girl take the sixpence? - I see the little girl rub it on the steel, and she came to me and said she thought it was a bad one, and I went into the shop and told the woman it was a bad one.
Q. Did you take it out of the girl's hand? - Yes, but not out of the woman's. It did appear to be a very bad one.
Q. Did you go back with the child to the shop, and tell her it was a bad one? - I did. She told the child, if she followed her she would murder her.
Q. That could not be the first thing that passed? - No; the woman insisted that the child had changed it, and she would not take it again.
Q. Did you see the woman go out of the shop? - Yes.
Q. Did you follow her? - No, only the child.
Q. Was any body at home besides you and the child? - No.
Q. So you staid at home to take care of the house? - Yes.
Q. I believe you are a builder in Bunhill-row? - Yes.
Q. On Tuesday, the 6th of June did you see the little girl? - Yes, I did, about five o'clock in the afternoon, or a few minutes after, I was coming up Chiswell-street, and there were a number of chil
Q. That is the same sixpence? - It is, it appears to have been rubbed? I asked the child where she lived? she told me she lived in Grub-street; from the circumstance of her telling me that her daddy and mammy were out, I took the child to the shop, in order to put the child in possession of the house, and in passing by the hosier's in Chiswell-street, the woman seemed as she would go into the house; I stepped up to her, and laid hold of her by the right arm; I see her put her left hand into her pocket, and she pulled out some paper, I see it was paper before she dropped it; my suspicions were alarmed that it was more bad money, and she opened her hand and dropped it by her side.
Q. Did she pull it out so as to avoid your seeing it? - She did exactly; it happened on falling on the pavement that three sixpences sell out, and some of the by-standers delivered the others to me, and I have had them ever since; I marked them.
Q. What did you do with the prisoner? - Knowing the people of the house I wished to force her into the house, to know whether she had any more about her; but there being so many people about the street they were afraid to let her in, and I took her to the watch-house, the beadle sent the key; I searched her, and found a piece of pork, a bad sixpence, eighteen pence, and three farthings in copper.
Q. The bad sixpence that you took from her, have you kept that you took from her, have you kept that separate? - They were all kept separate. The woman said at the time I stopped her, that she gave the child the choice of three, and she took this out of three.
Q. To Matilda Wall. Did she offer you the choice of three at the time? - No, only one.
Q. You are employed on these occasions to attend, by the Mint. Look at this sixpence first produced? - It is a bad one.
Q. Is there any silver in it? - We cannot tell, except it is broke; they make them very bad now, it has been new coloured; the sixpence found in her pocket is the same, and the sixpences picked up also. I am in the silver line.
Prisoner. My lord, I had but two sixpences about me, I offered her a sixpence for the meat, with that she had three in her hand, and she put mine among the three, and she took that into the maid, and the maid said it is a bad sixpence; I looked at it, and I said that is not mine, and so I came out, and the child followed me, and another boy, and the boy struck me; there was another man by, who see it, but I did not know where to find him.
GUILTY on both Counts.
Twelve months in the House of Correction and find security for two years .
Tried by the London Jury before Mr. RECORDER.
SOLOMON LEVY and JAMES BROWN were indicted for that they, on the 30th of June , about the hour of nine in the afternoon, the dwelling house of James Jackson , did enter with intention to steal his goods .
Q. Where do you keep house? - No. 148, Minories . A little after nine o'clock at night, Tuesday last, my son and I were left in the shop alone; we are linen drapers, and have a parlour behind, in which is a window that we can see if any body comes into the shop, or passes the door; the candles were lighted on the counter, my son went out of the shop to put on his old clothes, to shut up; I see the two prisoners at the bar (they are two notorious villains) going to and fro before my shop window; I perceived them six or seven times; I suspected their intentions as knowing them very well. I put myself in a position if they entered the shop to take them. The young one he stooped into the shop, and then he looked round, and then he looked forward, and then he stood up; he saw every thing was clear and nobody was in the shop, he turns himself round to the window, and beckons to the other; then he took and turned himself short round, and wheeled himself where a bundle of muslin lay and laid hold of the wrapper; I jumps into the shop and caught him by the collar with my right hand.
Q. What is the name of him? - Solomon Levy . And the other was just at the door, and I sprung and caught hold of him by the left hand; I got hold of them both. Levy then said, I want some shirts. Brown was not in the shop, but they were in company together. I pulled them both round into the street, and sent for a constable, and they were taken to the watch-house; on searching them there was an old nail found on them, which they star the windows with, and by which I have been unfortunately hurted. They had no money.
Q. Did you see them searched? - I did not. I would wish to remark that the tall one, and which I believe the constable will witness, d-mned his eyes, and said I should not live long.
I am a constable.
Q. Did you take these men into custody at the instance of the prosecutor? - I did.
Q. At the prosecutor's house? - Yes.
Q. You took them immediately to the watch-house? - Directly.
Q. Were they searched? - Yes.
Q. Had they any money on them? - Never a farthing.
Q. You searched them completaly? - I did. There was an old rusty nail taken out of his pocket.
Q. Was it hooked at the end? - No, it was not. I had them before the Lord Mayor on Wednesday morning, and the Lord Mayor ordered me to carry them to the Compter; going back again Brown says to me, Jackson has taken a false oath, d-mn my eyes, he shall not live long.
Prisoner Brown. What that gentleman says against me is false.
Prisoner Levy. I went in to buy a new shirt, and I knocked twice running with my foot, and there was nobody in the shop, and I was going to turn round to come out, and that gentleman comes running out against me, and says, I have got you at last; says I, what have you got me at last for? for I came in to buy a shirt; says he, you meant to steal something; no, says I, I did not touch any thing at all.
Court to Prosecutor. Are you perfectly sure that his hand was laying hold of the wrapper? - I have not a doubt of it.
Q. You swear it on your oath? - I do.
Jury. Do you sell ready made shirts? - No.
Judgement respited .
Tried by the London Jury before Mr. RECORDER.
The following capital convicts, at former sessions, were put to the bar and accepted his Majasty's mercy, on condition of being transported to Botany Bay, for the term of their natural lives.
ROBINSON ANSELMO GILLCHRIST , As delivered by JUDGE BULLER.
You were tried in this place before me, in February sessions last, for forgery, and the indictment stated that you forged a paper writing, purporting to be an order for the payment of money, dated the 11th of September 1794, with the name of Thomas Exton there to Subscribed, purporting to be signed by Thomas Exton , Clerk, and directed to Lord George Kinnard , William More-land , and Thomas Hammersley, by the name and description of Messrs. Ransom, Moreland, and Hammersley; and this is charged to be done with intention to defraud Lord George Kinnard, William Moreland , and Thomas Hammersley, against the form of the statute. The jury found you guilty of this charge on very clear and very satisfactory evidence, but the counsel made an objection in arrest of judgment, insisting that the bill was improperly described in the indictment in as much as it charged that the bill purported to be signed by Thomas Exton, clerk, and be directed to Lord George Kinnard, William Moreland, and Thomas Hammersley, of the parish of St. James's, bankers and partners. This objection has been considered by ten of the judges, who were all that met on the occasion, and who have agreed in opinion that which I shall now state; but before I mention the result of the opinion, it may be proper for me to observe that it is the office of a prudent, and cautious pleader, not to clog the record with unnecessary matter, or to throw a greater burden of proof on his client than the law requires; it is still more his duty not to state things which on the face of the indictment are repugnant, inconsistent, or absurd; old cases have given rise to much learning and argument, on the meaning of the word purport, or tenor, and on the necessity of using one or other of these terms, but no judicial determination has ever required that the purport and the tenor should both be stated in any case whatever. The purport of an indictment means the substance of it, as it appears on the face of the indictment to every eye who reads; the tenor of an indictment means an exact copy of it, and where that is stated, the purport of it necessarily appear;Thomas Exton , and then set out the bill, I think it would be good and unexceptionable; for the words purporting to be a bill of exchange, can only be necessary for the purpose of shewing which sort of instrument the prisoner has forged, mentioned in the statute; in order to do that, it cannot be necessary under the word purport, to state all the contents of the bill, the bill it self shews all those things; and the law has required that a copy of the bill should be stated on the indictment, in order that the court may see it is such a thing that falls within the meaning of the statute. The blunder in this case has risen from the circumstance that Lord Kinnard and others have carried on business under the firm of Messrs. Ransom, Moreland, and Hammersley, and the person who drew this indictment, forgetting that it was wholly immaterial whether any such persons as Lord Kinnard, Moreland, and Hammersley were mentioned, has taken great pains to shew that the bill drawn on Ransom, Moreland, and Hammersley, was drawn on Lord Kinnard, Moreland, and Hammersley, and in order to do that he has attested that the bill purports to be drawn on Lord Kinnard, Moreland and Hammersley. The bill purports that alone which appears on the face of the bill, on the face of this bill Lord Kinnard's name is not mentioned, and therefore the averment is not true, that it imports to have been drawn on Lord Kinnard; the consequence of that is, that the indictment is repugnant and defective, and you are to be discharged from it , but as the objection goes only to the form of the indictment, and not to the merits of the case, you must be remanded to prison till the end of the session, the prosecutor being at liberty, if he thinks fit, to prefer another, and a better indictment against you.