TAKEN IN SHORT-HAND BY MARSOM & RAMSEY, AND Published by Authority.
LONDON: Printed and published by W. WILSON, No. 15, St. Peter's-Hill, Little Knight-Rider-Street, Doctors'-Commons.
BEFORE WILLIAM CURTIS , Esq. LORD MAYOR of the CITY of LONDON; Sir RICHARD PERRYN, one of the Barons of His Majesty's Court of Exchequer; Sir NASH GROSE, one of the Justices of His Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law of the said city; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.
First Middlesex Jury.
Second Middlesex Jury.
1. SARAH GLASS was indicted for stealing a silver pint mug, value 3s. a silver pepper castor, value 8s. a silver milk pot, value 10s. a green morine window curtain, value 3s. 4 linen window curtains, value 15s. four mens' linen shirts, value 15s. and four linen sheets, value 18s. the property of John Peter Thompson , in his dwelling house , on the 29th of October .
JOHN PETER THOMPSON sworn.
I lost the articles in the indictment at various times; the prisoner had been servant in my house three years; she was taken up by a constable from my house; I missed them all on Thursday the 29th of October last, the day the King went to the House; I had no suspicion of the prisoner; I have had a counterpane and two shirts given up; the other articles are now in the pawnbroker's hands; I should know them again if I saw them.
I have known the prisoner between three and four years. On the 26th February she pledged with me a mild pot and tea spoon; on the 23th of April she pledged a curtain; on the 11th of May, two sheets; on the 23d of May, a gown of her own, and a sheet belonging to Mr. Thompson; she pledged them in the name of Sarah Keane , the name she used to go by.
JOHN BROWN sworn.
I produce a pint mug and a pepper castor which were pledged on the 7th of July by the prisoner; I have known her four years.
I am servant to a pawnbroker in Bridges-street, Covent Garden. Four window curtains, two sheets, and three shirts were, pledged with me at four different times, by the prisoner, on the 24th of February, 9th March, 20th April, and 15th May.(Edward Treadway, a constable, produced two duplicates which he received from the prosecutor; I did not find any thing upon the prisoner.)(The goods produced in Court.)
Mr. Thompson. This mug is my property; it has been in the family about two years; it has my crest and motto upon it; it cost four guineas. With regard to the curtain I think I can safely swear to it, but it has no particular mark; I cannot positively swear to it. I can only swear to one of the sheets, worth about 7 or
Prisoner's Defence. My Lord, I unfortunately had a hand in the lottery.
GUILTY, Of stealing the goods to the value of 39s. (Aged 47.)
Tried by the first Middlesex Jury, before Mr. RECORDER.
2. HENRY SANDERSON was indicted, for that he on the 14th of October , with a certain offensive weapon called a pistol, upon Robert Maddox , feloniously did make an assault, with intent the monies of the said Robert from his person and against his will .
ROBERT MADDOX sworn.
I live in the parish of Finchley; three gentlemen of us were going home in a chaise, and were stopped at half after six, about a quarter of a mile below the Bull, at Highgate , by three men; one man caught hold of my horse's head, and I horse-whipped him; upon that he said, God blast, you fire: immediately a pistol went off; I did not see the person that discharged it, it went off the near side of my cart, close to the wheel; I was sitting on the off side of the cart, the outside of the three; I cannot swear punctually to the prisoner; I had never seen him before, nor after.
Upon his cross examination, he said it was a very dark evening, he could not discern clearly the horse's head; that they had been to town upon business, where they had been drinking a couple of bottles of wine and a pot of beer among six people; he did not say before the magistrate that he found himself a little the worse for liquor, that he laid the whip on the person who had hold of the horse's head to the uttermost of his power, but that the thong was so light it could make no impression; that if the prisoner was there, he was the man that held the horse's head, and whom he so beat with the whip; that Singleton had not since endeavoured to persuade him or quarrelled with him because he would not strain his conscience to say that he was the man.
Court. What day was this? - A. On Wednesday; I cannot say the day of the month; it was about six weeks ago, I believe, if not more.
THOMAS SINGLETON sworn.
On Wednesday, about six or seven weeks ago (I don't know what day of the month), between six and seven in the evening, I was going with the last witness and another person in a chaise cart; I sat at the outside on the left hand; Maddox sat on the right hand and drove; a man stopped the head of the horse; he came up on the right hand side I know, because while Maddox was thrashing him I did all I could to see his face, but the horse's head was between him and me, and of course I could not see the man; immediately the man at the horse's head said, blast you, fire at them: I did not see any body till I had received the fire; it was fired at the left hand, close to me; it was the man that stood at the horse's head that fired, I am certain of that; he gave the order to fire: directly as he ordered the man to fire, I naturally put my elbow up, and received the ball in my elbow, and the fire struck my face; the next morning, when I went to put on my coat, it fell out; as soon as I had recovered from the blow, I turned round and saw a man close to me, but who it was I don't know.
Upon his cross examination, he said he did not know what it was that could stop the ball; that his elbow was scratched a little, that he had got the powder in his face.
Court. Q. Were you sensible of it at the time? A. No, for the fire came so strong in my face, I had not the least idea that it was a ball; it was a leaden ball. (Produce it.)
Mr. Knowlys. Q. And that ball was repelled by your elbow, with only a slight scratch? - A. I suppose it must have been put in loose, without
I took the prisoner as he was running across the road, about half past six o'clock, as near as I can guess, on Wednesday evening, about six or seven weeks ago; I never saw him before, that I know of; it was between Highgate and Finchley; Wm. Timms was with me, I was rather before him; I heard a pistol go off, after hearing the report of the pistol I heard murder cried: I then proceeded to run to their assistance, towards the place where the coach came down; I heard the coach stop; there were two men came running across the road into the foot-path; I enquired what was the matter, they said they could not tell, but they continued running from across the road about one hundred yards from where I heard the pistol; I continued running, and caught hold of Henry Sanderson , the prisoner at the bar, he was stopping on the foot-path when I laid hold of him; I enquired what was the matter, he said he did not know, he thought he was shot at: I asked him what made him in such a tremble, or what gave him reason to think he was shot at; he said he thought he felt the shot about his head, or his hat, I cannot tell which, for I was very much flurried; I told him he must come down to where I could see the coach stop; he made no resistance in the least, but went down quietly; he was taken to Highgate, I went with him; I don't know whether he was searched or no.
Cross examined by Mr. Knowlys. Q. Both you and the man were frightened at the report of the pistol? - A. Yes.
Q. When you and your companion desired him to go with you to the place where you heard the cry of murder, he went very quietly? - A. Yes.
WM. TIMMS sworn.
The last witness and I were going home about a quarter after six at night, near the five milestone, just as you go down in the bottom between Highgate and Finchley; I heard a pistol go off, and I heard murder cried, and these two men ran by about a minute and an half after. Joiner caught hold of one of the men as he came through the posts, and desired me to catch hold of the other. The prisoner said he had been shot at he believed, for he heard the shot go over his head; I said, now then we will go back and see who has shot you. We took him back, and took him to the cart, about one hundred yards, as near as possible, and there they said that was the man that held the horse by the head. We then took him and put him into Highgate cage. I did not see him searched; I tied his hands behind him; he said, for God's sake, let me go.
Upon his cross examination he said it was a dark night, but that there was a stage going by with two lamps, that Mr. Fox the constable had him in custody afterwards.
Prisoner's Defence. I waited at Mr. Bolton's to get a place to drive a stage coach; I had been there at the tap-room in the Golden Cross yard, and was drinking with four or five coachmen; we were talking about where we had drove; I said I had been in Ireland. driving the mails there, and they asked me if I knew one Joseph Daffney? One of them said, I came from him the day before yesterday, and brought a letter from him for you, and left it at the Lower Wrestlers, Highgate; he wrote down the name of Warwickshire and Gloucestershire, where he had been, and I paid a pot of beer, and went home to South-street, Manchester-square, and had some tea; I told my wife I should be back by nine o'clock at farthest; when I got to Highgate it was dark; I asked a man in Highgate whereabouts it was, and he directed me to keep strait forward, and I should see it on the right hand; I went forward, and seeing a light lower down the hill on the right hand, I imagined it to be the Lower Wrestlers; I made for that light, it being dark; I did not know the Lower Wrestlers; I walked on a great pace, and just before I came to this light I overtook a man with a light smock frock, and asked him which was the Lower Wrestlers; he said, my friend, you are coming beyond it; says he, it is farther back; I thanked him; he wished me good night, and we parted; I had not left him I dare say above thirty or forty rods before this cart stopped, and a pistol fired, though I did not know it to be a cart or a chaise, it was so dark; and by the pistol being fired, I dare say
Evidence for the Prisoner.
THOMAS FOX sworn.
I am a constable at Highgate; I was sent for to take charge of the prisoner, after he was taken; he was searched, there was found upon him a trifle of silver, a few halfpence, and I heard it said that there was a direction in his pocket, which, the people about him said, was to the Lower Wrestlers.
Court. Q. Did you see the direction? - A. I saw it in the hands of Singleton.
Upon his cross examination he said, the prisoner was stripped, and that he did not perceive any marks of violence about him.
Court. Q. Whereabouts is the Wrestlers? - A. The last public-house in Highgate, on the right hand.
Mr. Knowlys to Singleton. Q. Did you see the direction that was found upon the prisoner? - A. I don't recollect it; the people about him said there was a direction found upon him.
Q. Did you see any paper taken out of his pocket? - A. No; there was a little purse with four shillings in it taken from him.
Q. How many yards is the Wrestlers from the place where the cart stopped, an hundred yards? - A. A great deal more.
Court. Q. Was the place where the cart stopped further from London than the Lower Wrestlers? - A. Yes, five or six hundred yards; I dare say a great way; the Wrestlers is the last public-house in the town.
I live at Highgate; I was present when the prisoner was searched by Mr. Singleton.
Q. Was he sober or tipsey? - A. He had been drinking: they found about four shillings, I believe, in a little bit of a sob in his watch pocket, and the prisoner said he had a paper in his pocket to call for a letter, and said he had got past the house and lost his road; it was a very dark night, I could hardly see my hands; when I went out to the door there were so many people about him I was obliged to push them away; I saw them pull a bit of paper out of his pocket, but what the contents were I don't know, nor did I hear it read.
Q. You are a counsellor at law in Lincoln's Inn? - A. Yes; I have known this man more than sixteen years; he was a postilion to my father three or four years; he behaved extremely well; I had directions from my father to get him a better place; I did; he behaved extremely well in that place; a few years ago I recommended him to another place, after having made an enquiry into his conduct in the former places, which I found to be as good as when he lived with my father; I have had the opportunity of hearing from him constantly; from that time to the present he was always industrious, and supported his wife and family by his labour; he is a most excellent
Mr. Knowlys. I have seventeen more witnesses, my Lord, if it were necessary to call them.
Not GUILTY .
Tried by the first Middlesex Jury, before Mr. Justice GROSE.
3. THOMAS EDWARDS was indicted for that he, on the 10th of October , unlawfully, wickedly, and feloniously, did send a certain letter, in writing, without any name being subscribed thereto, to Richard Meux , of Liquor-Pond-street, Esq. a liege subject of our Lord the King, directed to the said Richard, by the name and description of Mr. Meux, Brewer, Liquor-Pond-street, Leather-lane, Holborn, threatening to kill and murder him .(The Indictment was stated by Mr. Raine, and the Case by Mr. Fielding.)
The witnesses were examined apart, at the request of the prisoner.
The prisoner at the bar came to live with me as coachman ten years ago; he has left my service about five years; he then commenced publican ; I am a brewer in Liquor-Pond-street; I supplied him with beer; the last public-house he kept was the Key, in Fleet Market; I had lent him some money upon the lease, which he had mortgaged; he owed me at the time the letter was wrote six or seven hundred pounds; it was not for beer altogether, but money that I had lent him.
Court. Q. I should suppose you had a good opinion of him? - A. The lease was a very good security: I had a good opinion of him at the same time. The prisoner's wife applied to me on Wednesday the 7th of October, in the evening, about six o'clock, to tell they were overburdened with halfpence; I told her we were also overburdened with halfpence; I consented to take ten or twenty pounds; I sent the man down to their house, and he brought up twenty pounds; about half an hour after that, Edwards himself brought up twenty pounds more, to my counting-house in Liquor-Pond-street; I expostulated with him upon the impropriety of bringing twenty pounds more, when I consented only to take twenty; he said he had got twenty more, which made sixty, and was particularly impertinent; upon which, I said, you are a very impertinent man; I desire these halfpence may go back again, and it is not of any use for me to talk to you - you put in ten words to my one - you are an impertinent fellow, and I with you would not come here any more, but go to another brewhouse, and pay off your account; and then I left him; I did not stop to hear any reply.
Court. Q. Had you had any instance of impertinence from him before? - A. Repeatedly, the whole time he was with me as a servant, and during the time of his being a publican; likewise on the tenth of October, in the morning, I received several letters, among which was this which came by the Penny Post.
Court. Q. Have you had occasion to see the prisoner write? - A. I cannot say but I have several receipts for his wages, and some of my agents can speak to that very fully.
Court. Q. Can you say that that letter is his hand-writing? - A. To the best of my knowledge it is, but I never saw him write.
Q. How long before you caused him to be taken up? - A. Four or five days.
Q. Was it not thirteen days from the receipt of the letter before you had him taken up? - A. No, it was not; I believe some of my people in court can tell precisely to a day.
Q. You mean to say he was taken up before the 23d? - I cannot say, I have no desire to say any more than the fact; this business was considered among my friends before I had him taken up.
Q. You kept him five years in your service? - A. Yes.
Q. Before you took him up you got all your beer out of his cellar, by your servants? - A. Yes: it was not in condition to draw.
Q. Was not that a stratagem, to get it out of his possession; would you not have taken it from any other publican under such circumstances? - A. Yes.
Q. Was not this a contrivance to get the beer out of his possession, before you had him taken up? - A. I cannot answer to that; I would always speak the truth upon every occasion.
Q. I must have a plain answer; was not that a contrivance to get away his property, before you took him up? - A. I cannot pretend to say that was not a consideration.
Q. Was it or was it not the reason that you would not take him up till you had got the possession of the property? - A. I cannot positively say.
Q. Do you mean to swear that it was not with an intention, first of all, to get away his property before you took him up, that that was done? - A. I believe it was.
Jury. Q. Was it taken away at the request of the prisoner? - No; he consented to it, for it was really not in a condition to draw.
Q. He did not make any remonstrance against it, but behaved in an orderly way? - A. The beer was out of condition and had; he was going on in such a riotons way, in drunkenness, fighting, and playing in such a bad tradesman-like manner, that I did not think the property safe in his hands, that was one reason.
Q. And it was another reason that you would not take him up till you had got the property from him? - A. That was not the whole reason, coupling the two things together with the letter he wrote, and the manner in which he was living, that I did not think it safe even if the letter had not been read.
Q. Upon your oath was not this the reason why you wished to get the property from him? - A. Both coupled together was.
Q. Did you happen to take away this beer before you suspected he was the author of this letter? - A. No.
Q. Has not the man endeavoured from that time to do all the justice in his power as to any demands you had against him? - A. He has certainly paid me all; he does not owe us a shilling.
Mr. Raine. Q. You did not order him to be apprehended immediately? - A. No, the reason of that was, I wished to consult my friends upon the subject what steps were proper to take.
I am acquainted with the prisoner at the bar, I have seen him write twice or three times.
Q. Is your knowledge of his hand writing such as to enable you to speak certainly to his hand writing? - A. Only by comparison with what he has wrote and the letter.
Q. Whether from having seen him write you have a belief that that is his hand writing? - A. I have seen this letter before, and minutely investigated it, and compared it with his writing.
Q. You must not make that the medium of your belief, by comparing it with what you have seen, but having seen him write, and from the things that he wrote at the time, have you a belief upon the subject that that is his writing? - A. I have; I believe that to be his writing.
Q. That having seen the writing of the prisoner you have reason to believe it was his writing? - A. Yes.
Q. You compared that letter with the hand writing of the prisoner? - A. Yes, I don't know that I should have known that it was his hand writing if I had not compared it with the prisoner's hand-writing before.
Q. You have a memory of that? - A. I do remember seeing him write.
Q. Did you see him write that very thing? - A. Yes, I wrote what he signed.
Q. Independent of your memory of the character of his writing, and having seen the instrument that he wrote, independent of any comparison of the one with the other, can you take upon yourself to say whether you believe this to be or no this hand writing? - A. No, I cannot.
RICHARD LATHAM sworn.
I live in the house of Mr. Meux; I know the prisoner; I never saw him write but before Mr. Bond, in Bow-street.
I live in the house of Mr. Meux; I have seen the prisoner write five or six different times.
Q. From having seen him write five or six times are you able to say on looking at any instrument whether you believe that to be his hand writing? - A. I believe it is, but I will not swear to it.
Q. That belief is founded upon your having seen him write before? - A. Certainly.
Q. Are you able to say upon your oath that you believe that is his writing? - A. I believe it is, but I will not swear it.
Q. Did you ever see him write more than his name? - A. I don't recollect that I have.
Q. I see there is no name to that letter, therefore the only character of hand writing you have had an opportunity to observe has constituted his name? - A. Yes.
Q. Were you ever called upon particularly to observe his hand writing at the time he wrote his name? - A. No.
Q. There was nothing at all that called upon you to notice that hand writing particularly? - A. No.
Q. Have you compared the hand writing of that letter since? - A. Yes, but the moment I saw the letter I said I believed it was his writing.
Q. At these times did he not say, give my duty to my master, meaning Mr. Meux, and tell him so and so? - A. Yes. When I charged him with the letter, he said so far he was innocent and accompanied it with an oath.
Q. Did he not speak usually with respect of his master? - A. Yes; though at times he would speak in a low way.
Q. You went to get the beer out of his cellar? - A. He complained of the beer, and I went down to him to get it away. Mr. Meux said before the letter was received that he was sorry he had started that beer.
Q. I believe at this time he had had a violent accident, his eye almost knocked out? - A. Yes.
Q. And notwithstanding this he sat up all night to accompany you in the kitchen? - A. I was not there at the time.
Mr. Fielding. Q. His dutiful expressions to his master was when you charged him with writing the letter? - A. Yes.
Court. Q. He says he has seen him write, to be sure; that he believes it, which is all that a man can say, but he cannot swear to it. This witness has gone so far as that, and therefore I think I am bound to receive it.
Mr. Justice Grose. It is matter for the Jury. the man is uncommonly cautious; the way to prove a hand writing is, by asking the witness called to prove it to ask, if he has seen the party write, and if he believes the paper produced to be of his hand writing? The witness I understand to say he believed it to be his writing; and he says further, he cannot swear to it; he does right in saying he cannot swear to it; but so far as he believes it to be his hand writing is the evidence that has ever been admitted; how far it applies is for the Jury.
"Mr. Meux you old Block gard a Over"Baren Sun of a Bish, it was but the outher"doy you was as Poor a man as I am, But"the time is Strangell alltcord with you dam
JOHN HENLEY sworn.
I live in Mr. Meux's house; I have seen the prisoner at the bar write five or six times.
Q. Now, from having seen him write, do you think you are able, upon looking at any instrument, to say whether you believe that to be his hand writing or not? - A. I think I can. (The letter is shewn to him.) This letter I have seen before.
Q. But from having seen him write before, notwithstanding you have seen that identical letter before, from that ground of forming your opinion do you believe that to be his hand writing or not? - A. I am certain it is more his hand writing than I ever saw any man's in my life; I have looked over it minutely, and I believe it to be his hand writing.
Cross-examined by Mr. Knapp. Q. You have seen him write five or six times? - A. Yes.
Q. How long ago may you have seen him write? - A. Since he was in prison.
Q. How long before that? - A. Nine or ten months.
Q. Did you ever see him write any thing but his name? - A. Yes, at the Office.
Q. Have you seen this letter, and looked at it since? - Yes.
Q. It was to refresh your memory, to make it stronger upon your mind, that you looked at it to see whether it was his hand writing or not; did not you do it to make yourself certain about it? - A. Yes.
Q. After you had examined it over and over again, you were more certain than at first? - A. Yes.
Q. The times you have read it have been since the man has been in custody? - A. Yes.
Q. Did you compare it with any other hand writing of the prisoner? - A. Yes.
Q. Upon your oath, upon the comparison between that hand writing and the other, does not that give you the means of belief? - A. Yes, and having seen him write before.
I have known the prisoner nine months; I have seen him write frequently.
Q. Can you, from that, speak to your belief of the character of the hand writing? - A. All that I know is, that I believe the one to be wrote by the same as the other.
Q. You are enabled to speak to your belief of it? - A. I believe it is.
Q. But before I shew you the letter, from having seen him write, are you able to speak to your belief of the character of his writing? - A. Yes. (Looks at the letter.) This is the letter I saw at Bow-street, and I saw it was very much like what he had wrote and sent up there: I will not take upon me to swear that it is his hand writing; I believe it to be wrote by the same hand as wrote the other.
Q. Don't talk of comparing it with any hand writing you saw at the Office; but whether you, upon the view of it, believe it to be the hand writing of the prisoner at the bar? - A. I don't believe it is; I cannot take upon me to say, that it is, or that it is not.
Q. And you don't believe it to be his writing? - A. I don't think it is.
Q. You said upon the former occasion that you did not believe it was? - A. Yes.
Mr. Fielding. Q. Does your Lordship think the hand writing sufficiently identified?
Court. A. I really think not.
Mr. Fielding. Gentlemen, you recollect that I set out with stating, that Mr. Meux had no idea but that of justice, and not a with to press against the prisoner: As the court seems satisfied that there is not sufficient proof of the" evidence, I hope in God this man will know
NOT GUILTY .
I bought the mare of one Bowtell; she was a bay mare; I did not know whose mare it was.
The prisoner at the bar and I stole it out of a field.
Court. Q. Then you swear now that you are come to accuse yourself of felony? - A. It is the truth my Lord.
Court. Then I am to tell you, you must tell nothing but the truth, and tell that truth honestly.
Q. How did you know it was Mr. Weedon's? - A. The prisoner at the bar said it was, and that he had one out of the same field a little while before; we took it to Fenny Stratford, and sold it to Lucas, who keeps the public house there, for 6l. the prisoner and I were both together, and we shared the money; two guineas were paid at first, and as we came out of the country the prisoner called for the rest.
Q. When were the two guineas paid? - A. The next morning, after we took it out of the field; we went lower into the country with two more horses, down to Birmingham; we crossed the country, and sold another horse at another place; we returned to Fenny Stratford, about a week after, and received the rest of the money, in gold and silver, making altogether 6l.
Q. Who went into the field when the mare was taken out? - A. The prisoner and me both together, and brought her over the bank.
Q. Do you mean that the prisoner took you to the field, or how? - A. Yes, the prisoner lived just by there; I lived almost by Moorfields.
Q. What are you? - A. A tineman and brazier.
Q. (To Lucas.) Where do you live? - A. At Fenny Stratford; I am a butcher, and keep a public house, the sign of the Rein Deer ; I have seen the prisoner twice before; I bought the mare of Bowtell, and the prisoner at the bar was with him.
Q. When was it? - A. On the 11th of September.
Q. What did the prisoner and Bowtell bring with them? - A. Two horses; I bought one.
Q. How many horses were there in all? - A. Four, my lord; two they rode, and two they led.
Q. Did you buy it of the prisoner, or Boutell, or both? - A. Of Bowtell.
Q. Did the prisoner take any part in the sale? - No; he took none of the money; I paid Bowtell the money.
Q. Did any thing pass between you and Bowtell in the prisoner's presence; was Bowtell alone? - A. No; the prisoner was present.
Q. Did any thing pass between you and Bowtell and that prisoner, by which it appeared that the prisoner claimed to have any right in the money? - A. No; Bowtell came for the money; the prisoner at the bar did not claim any of the money; nor I did not pay him any; I paid Bowtell two guineas; I think they said they were going down into the country; and I was short of money; they called again in about ten days, or thereabouts, and then I paid the rest of the money.
Q. Was the prisoner present? - A. Yes; I paid it to Bowtell.
Q. Did any thing pass then, in consequence of which it appeared to you, that the prisoner claimed any thing in the money, or the mare? - A. No; the prisoner claimed none of it; I paid it to Bowtell.
Prisoner's Defence. - I have worked for Mr. Longman, in Cheapside, twelve years, and can be supported in a creditable manner. - I
Not GUILTY .
Tried by the first Middlesex Jury, before Mr. Justice GROSE.
5. WILLIAM WILES and STEPHEN OSMOND were indicted for feloniously stealing two yards of thickset, value 8s. three-quarters of a yard of Mersellas dimity, value 9s. and three-quarters of a yard of kerseymere, value 9s. the property of David Davis , privily from his person , Nov. 23 .
I bought the articles mentioned in the indictment, on Wednesday week, of Morin and Wickstead, at Aldgate; they were tied up in a parcel: as I was going home, between six and seven o'clock, I called at the Horse and Groom, Portugal-street, Lincoln's-Inn-fields , for a pint of beer, and being fatigued, I happened to fall asleep in the box; and while I was asleep, the bundle was taken from me; the things cost me 28s. When I awoke, the pri soner, Wiles, was in the room, and I charged him with taking the things; I went out to see for a constable, but could not find one; the watch was set; there was a scuffle between me and Wiles, and the landlord sent us both to the watch-house, there he was searched by William Dobbins , the constable of the night, and a duplicate of the things found in his pocket; he confessed the whole.
Q. Had you, previous to that, made any promise not to prosecute him? - No; I believe the beadle of the night frightened him; he confessed that Osmond had taken the things, and given them to him to pledge; they are in the hands of the pawnbroker.
I am a beadle; I was at the watch-house when the prisoner, Wiles, was brought, on the 23d November, between ten and eleven at night; I searched him, and found this duplicate (producing it) in the fob of his breeches; it has been in my possession ever since; the prosecutor, Davis was present; I asked him if there was any body concerned with him; he said, there was; that he was a little man, a breeches maker. The constable said it was Osmend, and went and fetched him; and he confessed, voluntarily, that he took the things, and gave then to Wiles; he confessed the same before the magistrate; he said he took the bundle and gave the soldier, and he put it under his coat, and went out undiscovered; this was the confession of both of them.
JOHN GRASON sworn.
[The things mentioned in the indictment, except the kerseymere, were produced in court by the pawnbroker.]
Prosecutor. I bought the same patterns, and the same lengths; I believe they are the goods I purchased; it is a difficult matter to swear to them.
Wiles Defence. - Osmond gave me the things to pledge for him; I did not see him take them; I gave them to the woman, and went with her to the door, because they won't take anything in of a soldier.
Osmond's Defence. - I know nothing at all of it.
Both NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. Baron PERRYN.
6. SAMUEL YOUELL was indicted for that he, in the King's highway, upon James Alsop , did make an assault, putting him in corporeal fear, and danger of his life, and stealing from his person, a silver watch, value 40s. a steel chain, value 6d. a metal seal, value 3d. a metal key, value 3d. three pieces of gold coin, called guineas, and 4s. in monies numbered ; the property of the said James Alsop , October 28 .
I am a coal-meter's man , and live in Shakespeare's Walk, Shadwell: on Wednesday night, the 28th of October, I was comingMile-End Town , about nine o'clock; I met three men; and the prisoner, who was one of them, laid hold of my collar, and said, holloa! and I said, holloa! gentlemen; and then another man came up and laid hold of my collar on the right hand side, and the other man came before me, and said, if I stirred hand or foot, or said a word, he would blow my brains out; then the man who stood before me put his hand in my right-hand pocket, but could find nothing at all in it, and then he put his hand in my left-hand pocket, and took out three guineas, and four or five shilling, I cannot be certain which; the other two then went from me, about four or five yards; and the prisoner, who took hold of me first, took his hat in his left hand, and his pistol, and turned up the crape that was over his face, and put his hat over it, and looked up in my face, and gave me a slap in the face, and said, now, you bouger, go and work for more; then they all went off, and I went towards Whitechapel: on the Friday fe'nnight following I saw the prisoner, when these jockeys took him up.
Q. How long were they with you? - A. Not above two minutes, I believe.
Q. Have you ever seen your watch again? - A. No; the prisoner was taken up in consequence of the description I gave of him at the office; he had a blue coat on; but whether his waistcoat was blue or brown, I am not certain.
Q. You were surprised at being stopped? - A. I really thought they were in fun at first.
Cross-examined by Mr. Knapp. - Q. Where had you been that night? - A. At Bow.
Q. Was there any body with you? - A. No.
Q. You were very much frightened? - A. Yes, when I saw the pistol.
Q. Do you mean to take upon you to swear to the prisoner, being so frightened, and seeing him but half a minute? - A. I am certain that is the man.
Q. Do not you expect, if this man is convicted, that you will have a right to a part of it? - A. I should with for it.
JOSEPH HAYNES sworn.
I apprehended the prisoner in Back-lane, St. George's, Ratcliff-highway, in consequence of an information from Alsop; I searched him, and found three or four shillings, and some halfpence, upon him, which I returned to him when I took him to the office; I asked him if he knew any thing of the other parties; he said he knew nothing at all of it.
CORNELIUS RICHARDSON sworn.
I was with Haynes when he apprehended the prisoner.
Prisoner. - I leave my defence to my counsel.
For the Prisoner.
I am a plaisterer, in Wapping; the prisoner is a slight acquaintance of mine; on the 28th of October I was in company with him, at the Sun, in Winfield-street, Whitechapel, from seven o'clock till near eleven o'clock at night; we were in the parlour, behind the tap-room; two of my shopmates were with me, one Johnson, and the other Brown, who is pressed and gone on board a man of war; Johnson is here.
Q. The prisoner was never out of your company from seven till eleven o'clock? - A. He was never out of our company two minutes.
Q. You are sure it was the 28th of October? - A. Yes.
Court. - Q. How are you sure of the day? - A. I was just come from India, and had received my money, and we agreed to spend half-a guinea a piece for a supper together; it was on a Wednesday; Mrs. Blake and Mrs. Johnson were there.
I live in Whitechapel; I know the prisoner: On the 26th of October my husband came from India, and having taken his money, we agreed to have a supper on the 28th, at the Sun; I went with Sarah Blake, about seven o'clock; the prisoner was sitting with Jephs; the supper was to be ready at eight, but it was not ready till half an hour after eight; the prisoner staid till eleven o'clock, and he was never out more than a minute or two, all the time.
I was in company with the two last witnesses on the 28th of October; the prisoner was there, and he did not leave the company till near twelve o'clock, I believe; I am sure he was there till after eleven, and was not out more than a minute or two, all the time.
I am the landlord of the Sun; I cannot say whether the prisoner was at my house on the 28th of October or not; I was only once in the room.
THOMAS SQUIRES sworn.
On the 28th of October I was in the taproom of the Sun; I went in about seven o'clock, and staid till within about ten minutes of nine; I did not see the prisoner there.
[The prisoner called two other witnesses, who gave him a good character.]
NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. Justice GROSE.
I keep the Nag's Head, New Compton-street : On Thursday, the 26th of November, I sent the boy out for pots, as usual; I was informed there was a man going to steal some pots; I did not see him take them; Mr. Groundley, I believe, did, who happened to be in the tap-room at the time the prisoner said, when he was brought in, that he was going to bring them home; the pots were numbered; I have used the pots since, but I took the numbers of them at the time (produces them). There were fifteen quarts and twenty pints; there is a large S marked in the front; I never sold any pots in my life.
I was in Mr. Smith's tap-room, when a little girl came in to tell Mr. Smith he had lost some pots; I went out, and saw the prisoner; this little girl had brought him back with the pots; he might have made his escape; the pots were lying at the door, and I think the prisoner had hold of the cord that they were upon; when he came into the tap-room, he said he had fell over them, and took them up to bring them home, I asked him where he was going to carry them, because he was going a contrary way; he said he did not know; the pots were delivered to the landlord, who put down the numbers of the pots.
My father is a shoe-maker; the prosecutor is my brother-in-law; I assist him in the house. I was in the bar, and a little girl said, there was a man putting the pots on his shoulder; it was about five minutes before five o'clock; I went out, and saw him at the next door with the whole string of pots upon his shoulder; he was walking away slowly with them; I asked him where he was going, and he said he was going into the house with them; I asked him, what house? and he said, higher up; I told him that was the house, and he must come back with me, which he did.
[The prosecutor produced the book in which he entered the numbers.]
I am a constable; I took the prisoner into custody; and as he was going to the justices, he offered me money for the landlord to make it up.
Prisoner's Defence. - I saw these pots lying there; I asked a little girl, whose pots they
GUILTY . (Aged 26.)
Tried by the first Middlesex Jury, before Mr. RECORDER.
8. JOHANNAH YOUNG was indicted for feloniously stealing two linen shirts, value 5s. these cotton neckcloths, value 6d. a pair of cloth breeches, value 3s. two silver table spoons, value 8s. one umbrella, value 1s. 6d. a linen counterpane, value 6d. and a linen sheet, value 1s. 6d. the property of Joseph Layman , Nov. 12 .
The prosecutor not being able to identify any of the articles, the jury found the prisoner
NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. RECORDER.
THOMAS COLEMAN sworn.
I am a shoe-maker : On the 30th of October I had been in the city with some boots; when I came home, after dinner, I went to sleep; the boots hung up in the room; I did not see him take them.
I live at the prosecutor's; I was in the back place in the cellar, and I saw the prisoner come down and take them I instantly pursued him, and took him with the property upon him; I have had them ever since (produces them).
Coleman. - These are my boots, my name is in the sole.
Prisoner's Defence. - I sent my sister to this man, and he promised to make it up if she would pay for breaking the windows; it came to 9s. she went to him yesterday, and he wanted four guineas; I have two small children without a mother.
GUILTY . (Aged 48.)
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
I live journeyman to Mr. Goode, linen draper , corner of Gray's-Inn-lane : On Saturday last, between four and five, the prisoner came to Mr. Goode's shop door, and took some flannel from within the door; a person came and said, a woman has run away with your flannel; I went down Holborn, I could not find her; I was then informed that she was gone into the public house, the very next door; I found her there at the back part of the house, and the flannel stood within a yard of her; I asked her what business she had with the flannel; I don't recollect what answer she made; I brought her from there into our shop, and kept her till Mr. Goode came home, and we took her before a magistrate. (It is produced.) It has our shop mark upon it; I am sure it is Mr. Goode's.
I am a publican, next door to Mr. Goode's: On Saturday the prisoner came into my house for a glass of gin; I saw a piece of flannel drawn from under her cloak; she asked for the servant girl, and I directed her backwards; then Mr Beaver came in to know if a woman had been in with any flannel; I directed him to her, and she was taken.
Prisoner's Defence. I went to this public house to get a glass of gin; I went backwards, and then they charged me with stealing this flannel.
GUILTY . (Aged 24.)
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
SAMUEL MILES and JOHN SULLIVAN were indicted for feloniously stealing one pair of leather boots, value 4s. 6d. the property of William Allen , Nov. 5 .
On the 5th of Nov. a person that I bought the boots of ( Peter Tufts ) sent his apprentice to know if I had lost any boots; I looked and missed a pair; I went to his house, and there I saw these boots, which I knew to be mine; he had not detained them himself, but an opposite neighbour had.
I am a dealer in old boots; I sold Allen several dozens of boots together, the two prisoners came to me, and a Jew with them, one morning, to sell two pair of boots; I cannot recollect what day it was; they asked me 8s. for them; I did not buy them, but they went to another shop, opposite me; I went over and told them not to buy them, for I believed they were stolen, and they detained them all; Allen came up and owned one pair of them; I had sent for him.
Prisoner Miles. Q. I with to know by what mark he knows them? - A. They are large in the calash, and wide in the waist.
Prisoner. Q. Why should not other boots be large in the calash and wide in the waist? - A. I had them about a month, and they are very seldom seen so wide in the waist.
Prisoner. Q. I think it impossible to swear to a pair of boots from such a description as he has given of them? - A. I could to many of my boots.
Court. Q. Where were those boots? - A. Hung up outside of my shop, against the window.
Court. Q. When had you last seen them? - A. I cannot positively say.
Prisoner Miles's defence. I was rather disguised in liquor; a man offered me these boots for sale; I told him I was a hard-working man; I did not want them, but being in liquor I bought them; I gave 6s. for them; I was going to get some money that was in arrears from the regiment that was with the Duke of Yord; that man knows I carried them publickly in the street; one man offered me 5s. for them, and I thought it was not enough; this man would not buy them, and I thought it better to lose 1s. than lose my time; I went back with the boots, and then he told me they were stolen, and he would swear they were; the man was sent for, and he owned one pair of the boots; I went along with the constable very quietly; he never held me; I might have run away, but I would not, because I know myself innocent; this man said he knew them that sold them to him; that they were such rubbish he could not make them up for his own shop; I asked this young man to go along with me and I would treat him with some beer when I got the money from the major; and the man at the bar said he would swear that this young man took them; he wanted to make it up if I would give him the boots, and I would not.
Prosecutor. He said he picked them up in Bishopsgate-street, and the justice asked him if he broke his knees over them.
Prisoner Sullivan's defence. I know nothing at all about it; this young man asked me to go along with him, and he would give me some porter.
Jury. Q. Have you sold any quantity of boots since you bought them? - A. Yes, a great many.
Q. How do you know you had not sold those then? - I always remark the boots that I sell.
For the prisoner Miles.
I have known Miles eight or ten years; he worked with me at the time he was taken up; I employ a number of labourers; I never heard any thing dishonest of him; I have trusted him with considerable property, and I should not hesitate to take him into my employment again; he has been in Flanders, in a military capacity.
Both Not GUILTY .
WILLIAM CREASE was indicted for feloniously stealing sixteen feet of mahogany plank, value 12s. the property of Richard Remnant , Nov. 11 .
I usually go out of town of an evening, and when I returned in the morning of the 12th of November, I was informed I had lost sixteen feet of mahogany.
Mr. Remnant is a timber merchant ; On Wednesday, 11th of Nov. between six and seven in the evening, I had occasion to go to Church-street, St. Giles's , where the back of the timber yard comes to; I heard a noise, and saw the prisoner standing upon a dray, drawing some planks of mahogany from Mr. Remnant's yard; he dropped them between the dray and the wall; he then took them on his shoulder and went away with them; when he had got fifteen or sixteen yards I pursued him and stopped him; I asked him what he was, and he said he was a carpenter, and he then dropped the boards and went away; I pursued him, and immediately took him to the watch-house, with the boards, and marked them. (The boards produced in court.) They have been in my possession ever since.
Mr. Remnant. These are the boards that were shewn to me next morning; I compared them with others I had in the lost, and they corresponded.
Prisoner's defence. A man, in Mr. Remnant's yard, asked me to stop and help him out with them; the place is twenty feet high; it is impossible I should get them out without assistance; he desired I would take them to a public house at the corner; Kelly passed me, and said, what have you got here? I made no answer, knowing myself to be innocent; he asked if they were mahogany; I said, I believe they are: what is your name? I told him my name and where I lived, and then he took me to the watch-house; I made no resistance; and at the time he stopped me he was at the distance of a yard from me; and when he took me to the watch-house, I begged he would let my wife know, and gave him the same direction that I had given before, to let her know, not to be uneasy at my staying out all night, which he did; I have a wife and three children, and I don't know that she has another hour to go.
Kelly. You told me you had a wife and three children, and begged I would let you go; I told him it would not answer the ends of justice, and I would not.
Prisoner to Kelly. Q. Did I make any resistance? - A. No.
Q. Had I not the boards upon me, and then called for a light; and while you was getting the light, when you had no hold of me, I made no resistance, knowing myself to be innocent? - A. I did not say you did.
Prisoner. Mr. Remnant knows that it is impossible for me to have got them out without their being given to me.
One of the jury. I know this wall, and I think it totally impossible for any man to get a plank out.
Mr. Remnant. I am persuaded it was given out by somebody; it is a part of a system that has been carried on for a considerable time, and has been committed in the open day; the wall, I suppose, is fourteen or fifteen feet high, that is the utmost; they must have been given out by somebody on the premisses.
Jury to Kelly. Q. Did you go round to the timber yard to know if there was any body in the premisses? - A. I sent, and the porter was suspected, who absconded the next morning.
Jury to Remnant. Q. Did the porter go without his wages? - A. Yes, but he sent for them next day.
GUILTY . (Aged 32.)
I live at Westminster, with my mother; I am a carpenter ; last Saturday night I was out a little later than ordinary, about eleven o'clock, I was afraid I should be locked out; I picked up the prisoner at the bar, in High-street, St. Giles's; she asked me if I would go home with her.
No. 5, Orange-court, Drury-lane ; I went home with her and went to bed; I fell asleep; in about an hour and a half I waked, and missed the prisoner; I rose myself up, laid hold of my breeches, and missed my watch.
Q. Was there any money in your pockets? - A. Yes, 3s. I did not miss that; I immediately dressed myself, and went into Drury-lane, and called the watch, and Thomas Adams came up; I told him I had been robbed of my watch, at No. 5, Orange-court; I asked him to go with me; he went and searched the place, but could find nothing; I found the prisoner about a quarter of a mile off, at her father and mother's; the watchman said he knew her; she was in bed with a child; as soon as I saw her I knew her, and said, that is the woman; the watchman searched for the watch, and found it locked up in the cupboard, in the room; the watchman made her dress herself, and took her to the watch-house; I gave full charge of her; the watchman has the watch.
Prisoner. He gave me the watch to sleep with me all night.
Q. You were an hour and a half at this house? - A. Yes.
Q. What did you drink? - A. A pint of porter and a glass of rum.
Q. Had you any thing more? - A. No.
I was a watchman in the same street where this man was robbed; he called watch; I went to his assistance; he gave a description of the girl, and we got an information where her father and mother lived; accordingly we went about a quarter of a mile off, to Craven's-yard, St. Clement's parish.
Q. Did he appear to be perfectly sober at the time? - A. He appeared to be quite sober; we went to her father's apartment; we called her mother by name; she refused to let us in; the door was not locked, and we went in and found the prisoner in bed with a little girl; as soon as the prosecutor saw her face, he said, that was the same woman that was in company with him; we asked her if she knew any thing of the watch, and she said no; there were three boxes one over the other; and a key lay on the box; she said that was a key that belonged to a box she had in the house; I asked for the keys of the other boxes, and her mother delivered them to me; I searched the boxes, but could not find the watch; there was a cupboard of which she would not let me have the key; one of the watchmen took a pair of pincers that lay in the room, and wrenched open the lock, and I found the watch in the cupboard. (The watch was produced in Court).
Green. This is my watch, I know it by the number, it is 39908.
Q. Were there any seals to it? - A. Yes.
I am a watchman; this young man came to me, and told me, he had been robbed of his watch, and desired me to go and search the prisoner's room.
Q. Did you know the prisoner? - A. Yes; we went and searched, but no watch was to be found; we had information of her father's house, and went and found her in bed with a child; there was a cupboard in the room, we demanded the key, she would not give it, and my partner took up a pair of pinchers and forced open the lock, and found the watch.
Prisoner's Defence. I have a witness here to prove that that man gave me the watch to sleep with me. I wanted to get a gown out of pwan; I went to my father's, and, being in liquor, fell asleep; I might have made away with it if I had stolen it.
For the Prisoner.
ANN LUNDAY sworn.
I have known the prisoner four or five years. One Saturday night, between ten and eleven o'clock, I saw the prosecutor in the prisoner's lodgings, and brought some bread and meat, and a pot of beer into her apartments.
Q. Did they eat and drink together? - A. Yes. I am a lodger in the same room with her; there are two beds in it; as she was going out, she said, take care of that for me.
Q. Was he in bed? - A. He was up then;
Q. He gave her the watch, and bid her take care of it? - A. No; I did not see the watch, nor know he had one; he said, take care of that; I went down stairs, and left them both together.
Q. Did you see aher ny more that night? - A. I only saw her in the watchhouse.
Prisoner. She can tell that I left word at home I was gone to my mother's, if any body should enquire for me.
Q. Did you see her go out? - A. No; she left word with the girl, and she forgot to tell me.
To the Prosecutor. Q. You remember going to this room? - A. Yes.
Q. How many beds were in the room? - A. Two.
Q. Did you see any body there? - A. This woman.
Q. Had you any thing to eat and drink? - A. Yes; there was beer, and beef, and bread.
Q. How much beer? - A. A pot; what that woman has said is false.
Q. When I told you to relate what passed, why did not you tell the whole respecting the bread and beer, and the woman being there? - A. I did not know there was occasion for it.
Jury. Who paid for the beer? - A. I did.
GUILTY . (Aged 21.)
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
I am a fruiterer in Covent-garden; I keep a stand, the same as Mr. Whitelegg; I lost fruit several times; I watched to see if I could detect any body; On the 21st of November I saw five men come down the market, they came to my stand, and tried my ropes; I came forward, and they went away; I then hid myself, and they came and tried the ropes again; they then went to Mr. Whitelegg's, and listed up the cloth and ropes, and took a bushel basket of apples; the prisoner was going away with them, a coach was coming by, and he did not see me till I got hold of him; I asked him what he was going to do with them? he said, what was that to me; I got him stopped by the people; I got him by the collar, and desired him to go with me; he got hold of the rails, and the people wanted me to let him go; he said he had only taken an apple; I got a constable, and he was taken to the watch-house, and the apples with him. (They were produced in Court, and deposed to by the prosecutor).
Q. Is that the basket that was taken by the prisoner? - A. Yes; I know it by the mark on the basket.
Prisoner.Q. Did you see me with the basket? - A yes; you did another man had them carrying away, and your coat was over, it.
Prosecutor. - He has got some witnesses, I believe, to his character.
Prisoner. - I have some witnesses.
The prisoner called his father (John King) and Joseph Salmon, who gave him a good character.
GUILTY . (Aged 20.)
I am the wife of John Ash ; I live in Shoreditch , keep a broker's shop: A glass lanthorn was taken from my door, I put it there on Thursday morning, the 12th of November, about eight o'clock; a little after ten it was gone; I saw it at Mr. Baker's, a broker, in Hackney-road, the same day, before eleven o'clock.
HENRY BAKER sworn.
I am a broker, in Hackney-road; the prisoner brought this lanthorn to my house on the 12th of November, a little after ten o'clock; she brought it for me to buy; I did not buy it; I suspected her, and sent for Mrs. Ash; she had before brought some fire-irons, which she came and owned; Mrs. Ash came to my house, I shewed her the lanthorn, she said she had just lost it from her door; I have had it ever since.[It was produced in court, and deposed to, by the prosecutor.]
Prisoner's Defence. - I was coming along Hackney-road, there was a woman sitting drinking at a public-house door, she asked me to go to Mr. Baker's, and sell it; she said Mr. Baker had offered 2s. and if he would give half-a-crown for it, he might have it; I never saw the woman before.
GUILTY . (Aged 49.)
Tried by the second Middlesex Jury, before Mr. RECORDER.
16. JOHN BROWN was indicted for feloniously stealing one glass quart bottle, value 3d. one pint and a half of brandy, value 4s. half-a-guinea, half-a-crown, and four shillings , the property of Joseph Goodey , October 16 .(The witnesses were examined apart, at the request of the prisoner.)
17. I keep a public-house in Barbican; On Friday, the 16th of October, a little after nine, I sent my boy into Aldersgate-buildings, with three pints of porter; he said he was to carry a bottle of brandy, and change for a guinea, to Mr. Dyke's; I gave him three half pints of brandy, a half guinea, a half crown, and four shillings; about a quarter of an hour after the boy returned with the prisoner in custody.
I am servant to Mr. Goodey, as pot-boy; On the 16th of October I took out a bottle of brandy, and change for a guinea, by my master's orders.
Q. How much change did you take? - A. Half-a-guinea, half-a-crown, and four shillings.
Q. Who was it to be carried to? - A. To Mr. Dyke's, next door to the Lord Mayor's house, in Aldersgate-street ; I was going with it, and the prisoner ran as far as Mr. Bligh's, a linen-draper's, and met me there; he had ordered the brandy, and change; I knew him by the light of the lamp; he said it was for Mr. Dyke; he was standing at his door.
Q. How long was it before you told your master of it? - A. About ten minutes, or a few minutes more.
Q. Did you know him at all as a servant to Mr. Dyke? - A. No.
Q. Had you ever seen him before? - A. No; when I came out, he came running to me as far as Mr. Bligh's, the linen-draper's; he said to me, give me this bottle of brandy; what a long while you have been, Mr. Dyke has been waiting for it; he did me run back and fetch another, and I should be paid for both; I delivered the brandy and change to him; I had not got above half a dozen yards before I looked back; I saw him cross the way, and I immediately ran after him; when I saw him cross the way, I did not cry stop thief till I got to the corner of a street, by Mr. Smith's, the pastry-cook's, then I halloa'd out, stop thief; I lost sight of him once; but it was not above half a minute before he was taken; he was stopped going through the second gateway, into St. John's-street, out of Charter-house-square; when he was stopped, he cried stop thief; there was nothing found upon him; I saw another person with him, but did not take any notice of him.
On his cross-examination, he said, his hair was tied, and he had no hat on; that there was a lamp over Mr. Dyke's door; that the prisoner was six or eight yards from it when he spoke to him; that he was very certain the prisoner was the man; that his master would be angry if he had not found the man.
Jury. - Was there any body with him when he gave the order? - A. No; he was by himself.
Q. Did you perceive any body speak to the prisoner? - A. I did not.
I am a watchman in Charter-house-square; The alarm was given at half past nine; I went up through the gates, at Charter-house-lane,
Q. Have you any body here from Mr. Dyke's? - A. No.
Court to the boy. - Q. You are sure that he ran from you? - A. Yes.
Jury. - Where did you lose sight of him first? - A. At one corner of Charter house-square, going into the square; I met with him again round by the Charter-house, in the way to St. John's-street.
(Mr. Ally, counsel for the prisoner, took an objection, that the charge, if proved, would not amount to more than a fraud, which was overruled by the court).
Prisoner's Defence - I was going to Mr. Franklin's, in Charter house street, who was my shoe-maker, and he took measure of me; I sat down a little time, and had a part of a pot of beer; I was going to sup with him; I heard the cry of stop thief; I ran out, without my hat, as any body else might do, and was taken up.
For the Prisoner.
I am a shoe-maker, in Charter-house-lane; the prisoner called upon me the evening that he was apprehended, just as I had left work, about eight o'clock, and asked me to measure him for a pair of shoes; he staid with me about a quarter of an hour; I did not see where he went to when he went from me; I heard something of a noise; I imagined it to be only the noise of a bullock, which is very common in our neighbourhood, and did not go out to see.
Q. Was it directly after he left your house? - A. Yes; a noise of that kind was frequent, and I did not take any notice of it? I have made shoes for him about two years; he was always just and honest, and paid me for them when he had them.
Q. Was it in consequence of hearing the noise that he went out? - A. I believe it was.
Q. And did he leave his hat in your house? - A. Yes.
Not GUILTY .
Tried by the London Jury, before Mr. RECORDER.
On Friday the 20th of November I went to the quay, to get four bales of wool weighed by the landing waiter; the quays were so blocked up that it was impossible to get it done; I staid from eleven to one, at which time the land waiters go to dinner; I left them in charge of the King's officers; when I came down at three o'clock I found one of the bales cut open, and a quantity taken out; I cannot say how much, there might be two or three pounds weight of goat's wool missing; it was a large hole; they belonged to Mr. Neale, I entered them for him as his broker.
Q. At that time was there any other goat's wool upon the quay? - A. There was not; I was informed that a man was taken into custody, in the act of stealing it; the next day I went before the Lord Mayor, but he was not brought up till the day after.
- RILEY sworn.
On Friday the 20th of November I came down to Wiggin's quay, where these bales were, and I detected this man in the act of putting some sort of goods into his breeches, or trowsers; I did not know what the article was till he walked off, seeing that I had detected him, to the water side; and there I saw him throw the goat's wool that he had into the river; I then told one of the king's officers, that he should take charge of that man, which he did; I then went to the bales that I supposed he took them from, and found two bales cut open.
Q. You did not see him take it from the bale? - A. No; I did not; there was a great
Q. Was this wool ever taken out of the Thames. - A. It was; I believe there is an officer in Court who has it.
I am a King's officer; I took the prisoner with part of the property upon him; he threw part of it into the River, and I saved the remainder. Mr. Riley gave me the alarm, he had a quantity about him in his trowsers; when the constable examined him, he said he had no knife about him, that he could not have cut the bag, but there was one found upon him by the constable. I examined the bales, there was a quantity taken out of two bales; it is a thing that is very light; I cannot say how much there was of it.(The constable deposed that he took charge of the prisoner, that Hebden delivered the property to him which he produced).
Constable. I examined the prisoner and found the wool in this paper in his trowsers, and a knife; I saw him throw some of the wool overboard; the knife is a very sharp one, it is like a razor.
Prisoner's defence. I was coming along and saw the wool lying upon the ground; I turned back and picked it up; I never took a bit out of the bale, nor touched the bale; I have been on board a man of war for 14 years, and was discharged because I was subject to fits.
GUILTY . (Aged 44.)
Tried by the London Jury, before Mr. RECORDER.
18. JAMES SMITH was indicted for feloniously stealing one hempen sack, value 6d. 250 red herrings, value 12s. one calico handkerchief, value 4d. three quarts of shrimps, value 1s. 6d. one hempen bag, value 4d. one hundred oranges, value 3s. 6d. and twenty-six lemons, value 1s. the property of William Barnet , Nov. 10 .
I deal in fish ; On the 10th of November I bought these herrings and the other articles mentioned in the indictment, and took them to the George-yard passage, Snow-hill , in order to take them into the country; I live at Chesham; I wrote a direction upon the sack; and when I came out to put it on, the sack was missing, and all the articles; I went after the prisoner and took him in Chick-lane, with the bag upon him; there were oranges in the bag answerable to the number I bought, 100, and 26 lemons; I cannot swear that they are the same, because one orange may be like another; this bag(producing it) is very much like the one I lost, and I believe it is it; it has a mark of W. H. upon it; it did belong to Mr. Hobbs, in Fleet-market; it had the oranges and lemons in it; the constable found the herrings afterwards.
I am a constable; The prosecutor brought the prisoner to me with a bag of oranges and lemons; he said he had lost 250 herrings and some shrimps; the prisoner said he did not know any thing of them; I took him to Guildhall; the next day the mother came to me, desiring me to go to his lodgings and get some herrings, before his wife made away with them; the prisoner's wife then came to me and brought out some herrings.
I saw the oranges and lemons put into the sack, in the George-yard, Snow-hill; the prosecutor went in doors to write a direction, and when he came out they were gone; I did not see them stole; I cannot swear to the bag.
The last witness employed the prisoner and I to work in the Fleet market; he had got some fruit to fell; he satisfied us, and gave us some victuals; we had some beer at the public house, and while we were settling the reckoning the things were gone; this countryman asked me to go with them to his lodgings; and we met him coming out of Chick-lane, with the bag, and the oranges and lemons.
GUILTY . (Aged 33.)
Tried by the London Jury, before Mr. Justice GROSE.
19. JOSEPH JESSON and BENJAMIN PAYNE were indicted; the first, for feloniously stealing a wooden box, value 6d. and forty pounds weight of sugar, value 20s. the property of David Webster and John Wedderburn .
Fourth Count. Laying them to be the property of certain persons to the jurors unknown; And Benjamin Payne for receiving the said goods, well knowing them to have been stolen .(The case was stated by Mr. Knapp.)
I am master of the ship Rose ; on the 3d of November it was lying in Ratcliff-cross tier ; I saw the prisoner, Jesson, on the 3d of November, in the morning, about eleven o'clock; he was hovering about the ship upon his oars, and not lying as a sculler.
Q. Did you know him? - A. No; he afterwards came and made his boat fast to the lighter that was loaded with sugar; that lighter was fastened to my ship, and was at the same time taking in her cargo; after he had been lying at the lighter a considerable time, I suspected him, and asked him what he did there; he gave me an impertinent answer; I desired him to cast his boat off, which he would not do; about one o'clock a hogshead of sugar was put upon the deck; there were some staves out, and in repairing it, some of the sugar came out; I ordered a boy to bring a box and put a quantity of sugar into it; the box was put close by the sore-hatchway of the ship.
Q. To whom did the sugar belong? - A. I cannot say.
Q. Were you answerable for it? - A. Yes, I am answerable for the goods on board, as master; I missed the box about half an hour after.
Q. Should you know the box again if you were to see it? - A. Most certainly; I made strict enquiry after it; in the course of an hour after, the prisoner, Jesson, was brought to the ship, to the best of my knowledge, by William Elby, and another person whom I should know if I saw him; when Elby brought him on board, he said, he stopped a box of sugar from the prisoner and another person; the prisoner informed him they had it from the ship; he asked me if I had lost such a thing; I said undoubtedly I had; he said Jesson informed him it came from my ship, the Rose.
Q. He was in the company of Elby. - A. Yes, and another person.
Q. The box was not brought with him? - A, No, I said I had lost a box, and supposed it to be the same.
Q. Did you, in consequence of this, go any where with the prisoner and Elby? - No, I did not; they left the ship, and at five or six o'clock I went to the Public-office, Shadwell, there I saw the box, (The box produced.)
Q. Is that the box? - A. Yes.
Q. What is the quantity of sugar in it? - A. About forty pounds; when I saw it at the office there was more sugar in it than when I saw it before.
Q. Was the sugar the same sort with that? - A. Yes.
Cross-examined by Mr. Knowlys. Q. Are you the sole owner of this ship? - A. No; no part of it.
Q. You are the captain? - A. Yes.
Q. This boy was in the skiff? - A. A skiff or wherry, I believe.
Q. Did not you know that he was in the service of a lighterman? - A. I do not know; I suppose he belonged to a very bad one, from his hovering round the ship.
Q. I ask you whether it is not the custom of the servants of lighterman, after they have seenA. Undoubtedly.
Q. Had not you some coopers working on board the ship at the time? - A. I had.
Q. Has not one of the cooper's who had access to this box absconded since? - A. I have heard so.
Q. Do you believe it? - A. Yes.
Q. This cooper had more access to the box than the prisoner? - A. Yes.
Q. Did you ever see the prisoner Jesson on board? - A. No.
Q. Had not the prisoner two or three fares from your ship that morning? - A. I don't know that he had.
Q. Did not the cooper go on shore in that very boat that morning? - A. I don't know that he did.
Q. Who did the lighter belong to that was tied to your ship? - A. Mr. Collier.
Q. Was the prisoner servant to Mr. Collier? - A. He was not.
I am a labourer; I live in Hunt's-court, Shadwell; I was sitting at the head of Ratcliffe-cross stairs, on the 3d of November, about one o'clock, or a little after, I saw Jesson come on shore from the Ratcliffe-cross tier, in a wherry; it came from between the two tiers; I first saw the wherry about 40 yards from the shore; the ships were about 100 yards; when he came on shore there were two men in the boat along with him; one of the men and Jesson lifted the box on the head of the boat; then the two men, and Jesson, put the box on shore; Payne is a porter, he was standing on the shore with his knot; they then lifted it on Payne's back, and the two men, the lumpers, went up the stairs before, and Jesson went up with Paine; I followed them to Brook-street, in Stepney parish; there I told them I should stop them both; the prisoners told me if I would let them go I should have a part of the sugar; I told them to come along to the public house, and I could find them a customer for them; I then took them and the box to the Queen Catherine public house, in Brook-street, and sent for William Elby , the constable; the box was put in the corner of the tap room; I kept my eye on it that it might not be taken away; when the constable came, we put it on Paine's back, and went with it to the Office in Shadwell; Elby has had the custody of the box.
On his Cross-examination by Mr. Knowlys. He said there were two other persons in the boat besides Jesson; that it is common for watermen to help in lifting boxes out of the boat when they are hired to bring them on shore; that he did not see the two men pay Jesson for bringing it, but that it is not customary for lumpers to pay any thing till they have disposed of their goods; that he told them, before he stopped them, that he could get a customer for them, in order that he might have an opportunity of sending for a constable.
On being asked where he came from to give evidence, he said, from the New Prison, where he was for a quarrel; that he had been there a week, or rather better; that he did not ask any body to be bail for him, because he did not chuse to trouble any body.
Mr. Knapp. - Q. How came you to say, first you should take them, and afterwards that you would get a customer for them? - A. I did it in order to be able to take them.
Q. What are lumpers? - A. Persons who work on board of ship.
I am a constable belonging to the Public Office, Shadwell; I was sent for about two o'clock, on the 3d of November, to go to the Queen Catherine, in Brook-street; I went, and saw both the prisoners there; I found Payne sitting along side this box; it has been in my possession ever since.
Jesson's Defence. - About one o'clock, I was rowing about, and these two lumpers called sculler; I went to them, and they put this box in the boat, and I carried them to Ratcliff-cross stairs; Payne was employed to carry the box, and before I got my money they ran away.
(Jesson called five witnesses who had known him, many years, and gave him a good character).
Payne's Defence. - I have plyed at Ratcliff-cross twenty years as a porter; a man came up to me, and said, there was a box in the boat to be carried to the mates house, and I
Both Not GUILTY .
I am clerk to John Woolloton , who keeps a linen-draper's shop , in Oxford-road : On the 26th of November, between three and four in the afternoon, the prisoner came to the shop; I was in the front shop, posting the books; she went into the back shop.
Q. How many persons were in the front and back shops? - A. I believe about four; I saw the prisoner in the back shop, looking at some goods; after she went out of the shop, the person who was serving her went after her and brought her back, and accused her of stealing something; his name is Pennington; she said she was an innocent woman, and no thief, and made a number of excuses; we sent for a constable to search her; she wanted to get to the counter where the muslins were; we surrounded her, and kept her in the middle of the shop; the constable not coming very soon, I set a chair in the middle of the shop, and desired her to sit down; there was nothing on the ground then but the carpet; when the constable came, I proposed to go into a private room, and search her; she rose from her seat, and I saw a piece of muslin under her petticoats, on the floor; it was a piece of about twenty yards; it is charged 5l. it cost 6l. 5s.
Q. It sells for more than that, I suppose? - A. Yes; more than that; I took it up, it felt warm; I gave it the constable; we then took her to a magistrate; her examination was taken down in writing; after the magistrate left the room, she said, she was not afraid of what we could do to her; she could live in another country as well as here, alluding, I suppose, to Botany Bay.
On his cross-examination he said, his master was not in the shop, he was confined to his bed; that there were two persons in the shop besides Penhington and himself; that there were muslins lying on the counter; that they were about three yards from the fire, they might be more or less; that he did not know that they could be warm from the fire; he did not feel the other muslins; that she offered to be searched before the constable came; that they did not search her, but she turned her pockets inside out; that she had purchased something to the amount of fifteen or twenty shillings, and paid for it; that he did not say they had transported several women, and the prisoner would be a good one for Barrington.
I live with Mr. Woolloton; On Thursday last I was in the front shop, the prisoner came in and asked to look at some clear muslins; I shewed her some; she said, she wished to see some whole pieces; she wanted a whole piece for a dress; then I asked her to walk into the back shop, and after looking some time, she made choice of one, which was to be 9l.; then, she said, she wanted to look at some sprig muslins, which I shewed her; what led me to suspect she was a shop-lister was, she asked to look at some Irish, for a body lining, at the same time; I told her the Irish linens were in the other shop, and desired her to walk there; she said it did not signify, she would not have it; she looked a long time at the sprig muslin before she would tell me whether she would have the sprig muslin, or the plain one she had chosen; at length she fixed on the plain one; she then asked to look at some remnants of printed cotton; all the pieces of plain muslin I had shewn were lying on the slab, in the back shop; I put them on the slab, at the end of the shop, to have a clear place to shew her the cottons; she bought two remants of cotton and two yards of flannel, which came to 19s. 6d.; she told me to send the muslin to No. 42, Newman-street, that night, at seven o'clock, or the next morning, at eleven, and she would pay for it; she afterwards said, if she did not call for it that night, I might send it the next morning; upon her going out of the shop, I
Q. Did you take any pains to see if there were any missing? - A. It is impossible, the quantity is so great, to miss a piece; when she was brought back, and sat down in the chair, there was nothing on the floor.
On his cross-examination, he said, she came back very readily; and upon his mentioning his suspicion, desired to be searched; that there was a third person there, but when the constable came in, he went out; that he believed the chair she sat in was about two yards from the counter; that when he took up the muslin, and found it warm, he felt the muslin on the counter, because the prisoner said, the muslin found under her was warm from the fire; that on the counter was not warm; that the chair she sat in was a yard, or more, from the fire. Being asked, if a person, going by, might not have brushed that muslin off the counter, he said, no; for they were not at that time on the counter; he had removed them, and put them on the slab; that they were on the counter when she was looking at them; and they were on the slab, at the end of the counter, when she was in the chair; that the muslins on the slab were nearer the fire than the piece he took from under her; that they did not search her on her being brought back, because they did not know that they had a right to search her without a constable; that she was searched by the constable, and afterwards by a woman, at the Office, but nothing was found upon her.
Court. - Q. Did you look to see if there were any mark upon it? - A. Yes; the shop mark, in Mr. Woolloton's hand-writing; I put my name upon it at the Office; and there were the initials of the house, where it was bought, in his hand-writing; I don't know it by any other mark.
I am a constable; I was sent for to Mr. Woolloton's, on the 26th of November, between three and four in the afternoon; I found the prisoner sitting in a chair in the hack shop; Mr. Rundell and Mr. Pennington were with her; Mr. Rundell took up a piece of muslin from the floor, and gave it into my hand; it was close by the prisoner's feet; I took it and the prisoner to the Office; Mr. Pennington took it from me at the Office; and has kept it from that time to this; I should know it again, because I put my mark upon it.
On his cross-examination, he said, there were some muslins on the counter, or slab, about two feet and a half from it; that they might have tumbled from that place to where she sat; that the made no objection to be searched; that there was nothing found upon her.
Pennington. I received the muslin from the constable, at the Office, and have kept it ever since; it is my master's property; it cost 125s. it is marked G D; it is one of the muslins I shewed the prisoner.
Court. Q. Do you mean to insist upon it, independent of the marks, that you shewed that piece of muslin to the prisoner? - A. Only from the marks.
Q. Will you venture to swear that is one of the pieces you shewed her? - A. Yes, by the marks on it.
Q. Will you swear you shewed her that piece? - A. I shewed her all that were in the wrapper.
Q. Were all the plain muslins in the shop of that mark? - A. No.
Q. Do you remember all the marks of the muslins you shewed her? - A. Yes.
Prisoner. I leave my desence to my counsel.
The prisoner called two witnesses, who gave her a good character.
Of stealing, but not privately, in the shop .(Aged 24.)
Tried by the second Middlesex Jury, before Mr. RECORDER.
THOMAS JACKSON and ANTHONY CHANDLER were indicted for feloniously stealing eleven Russia, sheets, value 4l. 11s. two linen sheets, value 1l. 1s. One linen gown, value 1s. one linen shift, value 6d. a dimity petticoat, value 5s. fourteen damask table cloths, value 6l. 19s. 6d. two damask napkins, value 2s. five D'Oyle's, value 2s. 6d. two silk handkerchiefs, value 2s. a pair of paste buckles, set in silver, value 5l. 5s. a telescope, value 1l. 11s. 6d. and 5l. in monies, numbered, the property of Thomas Wilson , being in a warehouse adjoining to a wharf , Nov. 21st .
The witnesses were examined apart at the request of the prisoners.[The case was opened by Mr. Knowlys.]
I am a wharfinger , and have a warehouse at Brook's wharf, in the parish of St. Michael : On the 21st of November, about five o'clock in the morning, I was alarmed that the warehouse was broke open; I found the door wrenched open, a double padlock and the stock lock taken off; it is situated on the wharf; first of all I went into the counting house, which leads into the warehouse, within the warehouse door, there I found the counting-house desks broke open, and two bookcases; two covers were taken out of my desk, and a telescope and some money out of a desk in the care of my son; I went back into the warehouse and found two or three boxes broke open, and one trunk; I did not know the contents of them till I saw some linen which was left in the trunk; a great quantity had been taken away; it was addressed to Colonel Cameron; it was sent in a box from Oxford, and was lest till I received an order to deliver it; I observed some blood upon the linen lest in the trunk; I have a piece of it here; it had all been tumbled about in the trunk; there were a pair of paste buckles, set in silver, and two watch glasses which were broke in pieces; hearing some linen had been picked up near the Barley-mow, I went and saw it at the watch-house.
Q. How far is the Barley-mow from your premisics? - A. About 100 yards.
Cross-examined by Mr. Knapp. Q. The trunk was deposited in your care for Colonel Camerom, and came from Oxford? - A. Yes.
The evening before my father's warehouse was broke open there was about 5l. lest in my desk; there was a sixpence I should know again; I had had it two months, except a fortnight it had been in the possession of Mrs. Lovel; I saw it there over night.
JOSEPH WILLOUGHBY sworn.
I am keeper of the watch-house: On Saturday morning, the 21st of November, about five o'clock, in consequence of an information front the patrole, I went to Thames-street, and just by the Barley-mow door I found two bundles of linen.
Q. How far is that from Mr. Wilson's warehouse? - A. As far as from here to the bottom of the Old Bailey, or not quite so far; I cannot say exactly; one of the bundles was tied up in a sheet, and the other in a table cloth; we took them to the watch-house, and went back again; at the back of the Barleymow, in a lane that goes to Labour-in-Vainhill, we found a sheet and two table cloths lying loose on the ground, and this iron crow(producing it) lying by them; we took them to the watch-house; they have been in my custody ever since; the two bundles were close to the front door; the others close to the back door; as soon as the Barley-mow was open I went in, and observed Jackson in the Barley mow; he had called for some purl and gin; I asked him what his name was, he told me his name was Thomas Jackson (I should have mentioned before, that when I came to the watch-house; I observed several of the sheets and cloths stained with blood; it appeared to me to be fresh); I asked Jackson where he lived; he came a false direction; he
Q. The 2l. 9s. 6d. he gave to Curtis? - A. Yes; he put it in his breeches-pocket, and said he had no other money there.
Q. Where is the Barley-mow? - A. In Thames-street, almost opposite Mr. Crawshaw's yard; when I went to Mr. Wilson's wharf, I found every strain in the warehouse door, in the counting-house door, and the desks, corresponded with this crow.
JOSEPH GORRINGE sworn.
I am a patrole; Going round on my duty, a little before five o'clock, I picked up these two bundles of linen, about twenty yards from the Barley-mow, the side nearest Mr. Wilson's; I went to the watch-house and informed Mr. Willoughby, the officer of the night; we came back, and found at the back door two table cloths, and a sheet, and an iron crow, near the Barley-mow door; they were taken to the watch-house; Willoughby has had them in his possession; we sent two watchmen to take care of the back door of the Barley-mow till the house was opened; then Willoughby and I went in, and found Jackson in the public house; this was about a quarter of an hour or twenty minutes before six o'clock; he was drinking some purl; Willoughby challenged him, and rubbed him down his pockets to see if he had any thing in them; he had nothing but a pen-knife.
I am the landlord of the Barley-mow public-house; the prisoners both used my house; they were both there on the evening before Mr. Wilson's warehouse was broke open; I cannot recollect the time they came; I believe it was before ten; they went away a little before twelve; there were more people in company with them; they went away at the same time, and another person with them.
Q. How far is your house from Mr. Wilson's warehouse? - A I cannot justly say; it is above one hundred yards, I suppose: they both called me, up; I cannot say th hour; I went down, Jackson said his wife was ill, and desired I would let him have some gin; I think that was nearly about two o'clock.
Q. Was the third person in company with them then, or were they alone? - A. The third person was not with them.
Q. Did you know where they lived? - A. No; I let them have some gin, and they went out of my house directly; about twenty minutes before six Jackson came in again, at the front door, and asked for some purl; before I had lighted the fire to heat the purl, the watchman came in, and began to speak to him; they asked who he was, and fest down his cloaths; I was about my business, and did not attend much to what passed; he was taken into custody before he went out of the house; I received 2l. 9s. 6d. of him; I put it in my right-hand breeches-pocket; I had nothing in that pocket before but a bad sixpence, and that was done up in paper, and not mixed with the money Jackson gave me; I gave the money I received of him to Willoughby; before I delivered it, Mr. Wilson's son desired to see it.
Mr. Knapp. - Q. All you mean to say is, you delivered the amount of the sum you received from Jackson to Willoughby? - A. Yes.
Q. You don't know any thing of the money itself? - A. No.
Mr. Knowlys. - Q. Did you deliver to the officer precisely the same money Jackson delivered to you? - A. Yes; the money was told into my hand.
Court. What, was the money told into your hands? - A. Two guineas, and the rest in silver.
Q. (To Mr. Wilson, jun.) Do you know any part of that money? - A. Yes, the sixpence; I saw the money in the hands of the landlord; the sixpence was among it then.
Cross-examined by Mr. Knapp. - Q. Is there any mark besides its being an old sixpence, and battered, by which you can swear to it? - A. Not that I know of; it is a very remarkable sixpence; it is battered and beat about.
Q. Did you never see a sixpence besides this that was beat and battered? - A. No, not as that is.
Mr. Knowlys. - Q. You take upon you to swear to the identity of that sixpence? - A. Yes.
Q. Could you pick it out from any other money? - A. Yes; I picked it out at the Lord Mayor's.
Mr. Knapp. - Q. Did you pick it out from many other sixpences? - A. Yes.
Q. Were there any of the others battered? - A. Yes.
Q. Look at that money (shewing her some silver), and tell me if there is any piece that you know? - A. I know that(picking out the sixpence) perfectly well; I took it of Mr. Wilson's son, for fruit; I looked at it, it was very black, I did not like it; I said you will know it again, and put it in my pocket; I had it a fortnight; I had passed it, but it came back, and I returned it to him, and he gave me another for it; I am sure it is the same sixpence.
Q. Notwithstanding it has been mixed with your other silver, and out of your possession, and returned, will you undertake to swear to it? - A. Yes; I know it perfectly well; it was out of my possession about a day.
I am the wife of Colonel Cameron: a trunk, containing linen, was sent up with the baggage to Mr. Wilson's whars; they were sent from Wakefield to Oxford, and from Oxford by water; I was at the packing up of the box.
The various articles were sworn to Mrs. Cameron, who deposed to them from the darnings, hemmings, and intials, upon them.
On her cross-examination she said, that they had lain in the trunk many years; but she had often seen them in the trunk; that she was present at the packing up of the box; that it was put in clean; that there are some things missing; but she is certain it is the trunk.
Jackson's defence. - I got up a little before six that morning, which I do in general, to go to work; I went to this public-house, and called for a pennyworth of purl; Willoughby came in, and said a warehouse had been broke open; he searched me, but found nothing upon me; they went away, and then came back and took me; I know nothing of it.
Chandler's defence. - I went from the public-house home to bed; I know nothing of it.
One of the Jury to Willoughby. - Q. You saw Jackson in the public-house, and you went away and left him there? - A. Yes; I was gone about fifteen minutes, and I found him there when I returned.(The prisoner, Jackson, called Job Turner, Hannab Swist, and Mary Barker , who had known him a great number of years, and gave him a good character).
Of stealing the goods, but not in the warehouse adjoining to the wharf .
Chandler, NOT GUILTY .
Tried by the London Jury, before Mr. RECORDER.
There being no evidence called, the prisoner was acquitted .
23. THOMAS BARBER and MARR KAY were indicted, the first, Thomas Barber , for having put off, on the 10th of October , to Edward Rogers , twenty-five pieces of false and counterfeit money, made to the likeness of the coin of this realm, a sixpence, the same not being cut in pieces, at a lower rate than the same did import .
EDWARD ROGERS sworn.
I belong to the Public-office, Shadwell On Thursday the 8th, or Friday the 9th of October, I am not certain which, I went to the Queen's head, in Great Queen-street, Lincoln's-Inn-fields , I saw the prisoner Kay, and a Mr. Nichols from Birmingham, standing at the door; they asked me how I did, and if I would drink any thing; I went into the tap-room, and there was the prisoner Barber; we had something to drink; he had told me that he had got the news of Kay manufacturing silver; I whispered to him in the tap-room, and asked him if he had got any; he said he had none but sixpences; in a few minutes after Mr. Kay went out; I asked him if I could have any sixpances, and how he sold them; he told me they were of a better quality than were sold in general; that they were half copper and half silver, and he could only give me twenty-five for half a guinea for whatever quantity I would take; this was about two o'clock in the day; I asked him if I could have them now, he told me his partner, Mr. Kay, was gone to Robins's sale to purchase some plate to run down, and as soon as he came back I could have them; upon that, we all concluded to go to Robins's, that I might have it as soon as possible: Barber and I went there, and saw Kay; he purchased some plate, and Nichols, Barber, Kay, and myself, went from thence to a house in Great Earl-street, Seven-Dials; we drank together again, and I asked Barber when I could have some of this money; he whispered to Mr. Kay, and it was agreed between Barber and Kay, and myself, to come to the Queen's-head that same evening at eight o'clock, and I might have whatever I wanted; it might be about four o'clock at this time; I went at the time appointed, and saw Mr. Barber and Mr. Kay, they knew my business, and Barber called Kay out of the tap-room into the passage; they returned in a few minutes; Barber touched me, and I went out into the back kitchen with him; nothing searcely passed in the tap-room, because there were strangers there; when he went into the kitchen, I asked him if he had got the whites, he said he had very few that he could spare, but half a guinea's worth, as a customer of his had taken all he had, except half a guinea's worth, which he kept for me; he gave me twenty-five sixpences, for which I gave him half a guinea in gold; we then returned to the tap-room, and he handed the half guinea to Mr. Kay; he told me, as I was anxious about them, I might have another half guinea's worth; accordingly he and I went into the back kitchen again, and had twenty-five more; I gave him a guinea, and he told me if I went into the tap-room I should get half a guinea from Mr. Kay; he then returned to the tap-room; he handed Mr. Kay the guinea, and he said, you owe Mr. Rogers half a guinea; upon which Mr. Kay put his hand in his pocket, and handed me half a guinea: I asked Barber when he thought he should have any shillings, he said he could not tell, the sixpences had had such a run, that he did not care to make any shillings, but he would recommend me to a person if I was in want of shillings; accordingly we went to the White Hart in Portpool-lane.
Q. What did you do with the money? - A. I have it (produces it); I have had them sealed up ever since, except the time that I was before the magistrate; I immediately went to the magistrate and gave information, and, in a few days, warrants were insued for their apprehension; I went with the officer, and met the prisoner Kay; I pointed him out to the officers, and they took him into custody.
Q. Was he searched? - A. I did not stay in the house; I went out; I afterwards went with the officers to Barber's house, in Goswell-street, on the 16th of October, the same day that Kay was apprehended, I went up first; he was in bed; I came down, and told the officers he was in bed, and they went up and took him into custody.
Cross-examined by Mr. Knowlys, Counsel for Barber
Q. I suppose this was the first time you began to inform upon this subject? - A. I have
Q. You know this man had committed a selony at the time you bought the fixpences, did not you? - A. Yes.
Q. Do you know what I mean by the word selony? - A. I know it is a crime.
Q. Did you know it was a selony or not? A. I knew it was a crime; is selony capital or not, I don't know; I believe it is a selony.
Q. Did you attempt to stop him? - A. I did not.
Q. I believe you are a Scotchman? - A. No; I know Edinburgh very well.
Q. You know the Castle, don't you? - A. Yes.
Q. You know the Abbey? - A. Yes.
Q. The Abbey is converted into a prison, is it not? - A. It is a sanctuary for honest debtors, but not for rogues.
Q. Were you ever confined there? - A. I had the misfortune to become a bankrupt, and I had a touch on the coat sometimes, and I went to the Abbey for a sanctuary; none but honest debtors go there.
Q. How long were you there? - A. I was there one time thirteen weeks, and another time three weeks or a month.
Q. How came you by this 50l. or 60l. a year? - A. It was money left to my wife, in consequence of a marriage contract previous to her marriage, vested in her, and I delivered up my deed to my creditors.
Q. Upon your oath, did not you make you escape from that place? - A. I did not; I came regularly upon the road, by day-light, to Berwick, and took a ship there to come here to my own house in Spring- gardens.
Q. I mean Mr. Lauderdale; did he never charge you with a fraud? - A. Never; nor any man.
Q. Mr. Talboys? - A. I know no such man, upon my oath; the coiners have informed you wrong.
Q.Mr. McCrostie? - A. I never heard of such a man in my life; I think it is a very extraordinary name.
Q. Have you ever been at Belfast? - A. Yes, purchasing linen.
Q. Do you know Samuel Wilson, a merchant, there? - A. No such man.
Q. Were you never taken up at Belfast? - A. No.
Q. Do you know the Black-horse public-house, kept by a man of the name of Wray? - A. Yes; I knew it about thirteen years ago.
Q. You kept a horse and cart once, did not you? - A. No; I kept a horse and chaise.
Q. I mean in London? - A. No; I never travel in London, but through the streets; I have bought money of Mrs. Dunlop.
Q. But you were acquainted with them before that? - A. I saw Dunlop in Scotland, making soap; I have been several times in their company, for the purpose of finding out their coining; but I was never connected with them any otherwise.
Q. And the 11th of October was the first time you gave information? - A. I gave Mr. Colquhoun information two months before that; I was a long time before I could find it out; they would not sell any before me; as soon as I could come at the bottom of it, to purchase any, I always acquainted the magistrate with it every week.
Q. Did you ever act as a porter at an auction? - A. No; I lived as clerk, fifteen years ago, with Mr. Williams, the second door in Pall Mall; he sometimes had auctions, and I perhaps used to clerk down for him, or the like of that, and received the money for him.
Q. You never lived at any auction room? - A. Yes; I had one of my own, at No. 179, High Holborn.
Q. You have been acquainted with some distinguished characters you say, particularly Lord Lauderdale; have you never lived with the Irish giant? - A. I suppose you mean to affront me; upon my oath I did not; my Lord, and the gentlemen of the jury, are very well acquainted with the nature of the abuse you are giving me; I was told I should have some.
Cross-examined by Mr. Knapp, Counsel for Kay.
Q. Kay was not present at any time when you received any money? - A. No.
I went, on Friday the 16th of October, with Rogers, to apprehend the prisoners; I found Kay at the Queen's-head, Great Queen-street, Lincoln's Inn-fields; I searched him, and found one hundred and one counterfeit sixpences in his waistcoat pocket and breeches; he had no good silver at all; I then went to Barber's lodgings in Goswell-street; he seemed to be very unwell; he was dressing himself when I went in, and I searched him; here are five counterfeit sixpences and three counterfeit shillings, that I found upon him, and some plain halfpence (producing them); he had two half-crowns a shilling, and a half-guinea, that was good, which were returned to me; Wray was with me.
Cross-examined by Mr. Knowlys. - Q. He had half-a guinea, two half-crowns, and a shilling, good? - A. Yes.
Q. And less than that bad? - A. Yes.
Q. And I believe, in the present state of circulation, it is pretty well if a man gets half good and half bad? - A. Yes, as times go, I believe it is.
One of the Jury. - Q. Did you find the good money and the bad together? - A. Yes.
JOHN WRAY sworn.
I was with the last witness on the 16th of October, when he apprehended Barber; I was not with him when he apprehended Kay; we found in Barber's lodgings about two shillings worth of halfpence unfinished, eight sixpences, and four shillings, bad (produces them).
Mr. Knowlys. - Q. These halfpence are such as cannot pass? - A. Not in that state.
Q. If a man had taken them, you know he must keep them. - A. Yes.
WILLIAM BLACKITER sworn.
I was with Armstrong when he searched Kay: he took out of his pocket one hundred and one sixpences, all bad; and I found in his pocket-book some memorandums respecting Mr. Barber(producing them).
Mr. Fielding to Armstrong. - Q. Are these fifty sixpences that Rogers got good or bad? - A. They appear to be all counterfeits:
Prisoner Barber's Defence. - I don't know the informer at all; I never saw him till he came into my room, before the warrant was served.
Prisoner Kay's Defence. - I know nothing at all about the informer, not a single thing.
Barber GUILTY . (Aged 45.)
The Prisoner Kay being charged as on accessary,
NOT GUILTY .
He was detained to take his trial at the next sessions as a principal.
Tried by the second Middlesex Jury, before Mr. RECORDER.
24. JAMES LEONARD was indicted for putting off, on the 30th of September , to Edward Rogers, twenty one pieces of false and counterfeit milled money and coin, made to the likeness of the coin of this realm, called a shilling, the same not being cut in pieces, at a lower rate than the same did import, that is to say, for half-a-guinea .
The Case opened by Mr. Fidding.
EDWARD ROGERS sworn.
On the 30th of September last I went to the house of the prisoner, in Saffron-place, Saffron-hill : I found him at home; I asked him if he had any counterfeit silver (I called them whites); he told me he had; I told him I come for the purpose of purchasing some; he desired me to go to the White-house, a public-house in the neighbourhood, and he would follow me; I accordingly went to the public-house, and in a few minutes he came; during our stay in the public-house, I asked him what sort he made; I believe I termed them bobs and half-bulls, (that is shillings and half-crowns), that is the flash-name of them; he said he made both, and that he sold them at the rate of 2s. counterfeit for one of good money; I asked him if he could let me see any of them; he told me had disposed, a day or two before, of what he had upon hand; that he had only one half-crown in the house, and, if I would step to his house, I might look at them; and if I liked the goods it was very well, and if I did not, there was no harm done; I went home with him, and he went up stairs, and brought down a paper parcel, with a large quantity of shillings; I looked at them, and found fault with the quality of them, but took 21s. of him, for which I gave him last-a-guinea (produces them), they are all counterfeit; I asked him how soon he would have any half-crowns ready; he said, if I would give him an order, he would make them for me in three or four days; he went up stairs a second time, and brought down that odd half-crown that he told me had, which he gave me as a pattern, but would charge me nothing for it (produces it); he said fifteen-pence a piece was the price of them; I told him I would call again; he was taken up upon a warrant on the 16th of October: I went to his house with Lillywhite, an extra officer of Worship-street; he was not at home; we went away, and came back again, he was then at home; I told him the young man with me (Lillywhite), was going into the country, and I wanted those things I had bespoke of him, meaning the half-crowns; he said I might have them; upon that I put my hand to my pocket, as if I intended to give my watch to Mr. Lillywhite to pawn, to raise the money, which I did in order that he might go out for the other officers; they came in, and we took him into custody.
On his cross-examination, he said, he gave information to Mr. Colquhoun, the very next morning, that there was nothing found at the prisoner's house; that he had been a bankrupt but once; that near 60l. a year was settled upon his wife previous to his bankruptcy, and that he delivered the trust deed to his creditors, in case he should be the survivor.
I am an officer: I went with the last witness to the prisoner's house, on Friday the 16th of October; he was not at home; we went away and returned again; he was then at home; we asked him if those things were ready, he said, yes; and what followed I cannot directly say; but Mr. Rogers turned to me directly, under pretence of giving me his watch to pledge for three guineas; the officers were upon Saffron-hill; I brought them in, and he was apprehended; there was nothing found in the house.
JOHN ARMSTRONG sworn.
Q. Look at that money, is it good or bad? - A. It is counterfeit; it is blackened, because otherwise there would be a very great white appear; there is a mixture used to take it off.
GUILTY . (Aged 42.)
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
25. JAMES PULLEN was indicted for putting off, on the 11th of October , to Edward Rogers, sixty-one pieces of false and counterfeit milled money, made to the likeness of a shilling; the same not being cut in pieces at a lower rate than the same did import; that is to say, eighty for two pieces of current coin called guineas of this realm .
Second count. For putting off sixty-one pieces of counterseit milled money, made to the likeness of a shilling, for two guineas of the current coin of this realm.
On Sunday the 11th of October, about three quarters past ten o'clock, I went to meet the prisoner, by appointment, at the Mitre, in Goswell-street ; the prisoner was there, and Thomas Barber with him, in the parlour; I enquired what sort of goods were come from the workhouse to that house for sale; whether it was halfpence or silver; he told me all the halfpence he had were bespoke, but that he had some silver; I asked him to look at it; he pulled out a large paper full of it; I suppose there might be 6l. in shillings; I was to have 40s. for a guinea; he counted out 8cs. and I paid him two guineas (producing them); nineteen of them are stamped in imitation of French shillings, and sixty-one of the English coin.
Court. Q. How am I to know that this was not a fair transaction between the prisoner and the witness; it might be a fair exchange? I have nothing to do with French money, sitting here.
Mr. Gullen. A. I believe we can prove the value.
Rogers. I did not know that they were French till I examined them afterwards, they were mixed with the others.
Court. You have failed in proving your second count; it is now for you to make out your first: they are charged as being in the similitude of an English shilling, and that they were sold at a lower rate than they imported.
Q. What passed afterwards? - A. I went away, and immediately communicated it to the Public-office; I went with the officers; Mr. Pullen was sitting in the same parlour where I purchased the money, and he was apprehended on the 16th of October; he was sitting with three or four other men at the table; there was an old stocking lying on the table; where he was leaning; it was opened, and found to contain a quantity of dross or folder, or something of that sort: Lillywhite went out for the officers, and when they came they apprehended him.
Cross-examined by Mr. Knowlys. Q. You have seen this man frequently at this house before? - A. I believe three times before; I went with a view to find out the business; when he was examined before Mr. Colquhoun he denied my having seen him before, but I had seen him at that house three times before, getting parcels out of the cupboard.
Q. Upon your oath did you tell the magistrate that you had seen him sell bad money three times before? - A. I told him that I had seen him take money out, and deliver it three times before.
Q. Do you mean to swear now, that upon the prisoner's examination before the magistrate you said you had seen him selling bad money before? - A. I did.
Q. That was taken down in writing, was it not? - A. I don't know.
Q. Where was it you saw him do this? - A. In the parlour; Mr. Ward, the landlord, was in the bar, I think, I am not quite sure; I saw the prisoner there the very night before; I went into the passage, and asked a young man if Mr. Pullen was there.
Q. Do you mean young Mr. Ward? - A. He was standing in the passage, at the place where the serve the gin.
Q. Is that the young man? - A. I think it is not, but I am not quite sure whether it was him or not; the passage is dark.
Q. You say you was acquainted with Macan and Dunlop? - A. I knew them six or seven months; they were frequently in the house of a Mr. Brown, the corner of Neptune-street,
Q. Upon your oath, did you never travel with them about the country? - A. I never did.
Q. This metal dross, or whatever it was, you say was on a table near them? - A. Yes, there were three or four other people sitting round the table, to the best of my knowledge.
RICHARD LILLYWHITE sworn.
I am a constable: On the 16th of October, I went with Rogers to a public-house, in Goswell-street, to apprehend the prisoner; we went four or five times before we could find him; we had something to drink; every time we found him there about seven or eight o'clock in the evening; Rogers gave me the signal that that was the man; I saw some lead, or something in a bag upon the table; I went out for the officers, and he was apprehended; I did not see any thing taken from him; there were several persons in the room.
I went to the Mitre, in Goswell-street: the prisoner was there drinking a pint of beer with Rogers; I went in and told him I had a warrant against him, and I delivered him to Harper and the others; the next day I went to a house in Printing-house-square, with Mr. Clarke, the Marshal; I don't know whether it was the prisoner's house or not.
Court. Q. You know French money is as base as it can be? - A. This appears to be as base as the counterfeit English money; it is not better.
Court. Q. Do you think they are of more value than the others? - A. No; they are easier passed.
Cross-examined by Mr. Knapp. Q. You are not a silversmith? - A. No.
Q. Are you able, from your knowledge of French money, to say if this is totally bad? - A. I believe so.
Q. Were any of the prisoners apprehended at that time? - A. Yes.
Q. Do you know whether Pullen knew that? - A. He might have known it, there were some taken in that neighbourhood.
Q. How long had any of them been apprehended? - A. Six or seven hours, some of them.
Q. Then, if he knew it, he had plenty of time to go away? - A. If he had been there, and knew it, I dare say he would.
Q. There were other persons in this room? - A. Yes.
Q. He went very readily with you? - A. Yes.
Q. Whether it was Pullen's house or not, did you find any bad silver in the house? - A. None.
Q. Did you find any thing about his person? - A. I did not search him; Harper did.
I am a police officer: On the 16th of October I went with Rogers, to apprehend the prisoner, to the Mitre, in Goswell-street; I searched him, and found nothing but some loose papers; I went the next morning to search his house; I saw his wife there, whom I knew; I found no bad money, but I found a part of a frame for a press, calculated for the business of coining, and nothing else; I have seen a great many of them; it seemed to be very lately split.
Q. You found no money, only some halfpence in a drawer, that were good? - A. Yes.
Prisoner. - I leave my defence to my counsel.
For the prisoner.
JOHN WARD sworn.
I keep the Mitre, in Goswell-street: I have kept that house thirteen years; I saw Rogers at the office in Worship-street, last Saturday; I never saw him before; I asked who he was, because he asked me many impertinent questions, and they said, it was Rogers, and then I was satisfied he was the man that was the informer.
Q. You don't know whether he was ever in your house? - A. I cannot say, because so many people come into a public-house.
Mr. Cullen. Q. Do you remember the prisoner being apprehended in your house? - A. No; I was not at home.
JAMES WARD sworn.
I am the son of the last witness: I live at the Mitre, in Goswell-street; I have seen Rogers three or four times at our house; he came one Sunday morning, and asked for Mr.Pullen; I told him he was not there, and I did not see him again till the day he was apprehended.
I am a cabinet-maker, in Honey-lane, Cheapside: I have known the prisoner six years; I have always found him a fair-dealing man; he has laid 60 or 70l. out with me, and always paid me in good money.
Q. What business is he? - A. I fancy he dealt in pewter pots; he kept a public-house about two years.
I am a brewer, in Red-cross-street; I know the prisoner by serving him.
Q. How long have you served him? - A. Not within these twelve months; I believe he has left the house; he appeared to be a fair man in his dealings with me, and always paid me in good money.(The prisoner called five other witnesses, who gave him a good character.)
GUILTY . (Aged 44.)
Tried by the second Middlesex Jury, before Mr.RECORDER.
26. JOHN GILBERT was indicted for putting off, on the 2d of October , to Edward Rogers, 357 pieces of false and counterseit copper money, made to the likeness of a halfpenny, the same not being cut in pieces at a lower rate than the same did import, that is, for 8s. in monies numbered .
Second Court. For putting off a like number of pieces of false and counterseit money, made to the likeness of a halfpenny, to the said Edward Rogers, at the rate of 357 for 8s.
The case was opened by Mr. Cullen.
I know the prisoner at the bar; he lived some time ago in Little Turnstile, Holborn, but afterwards moved to Weston's Park, Linculn's-inn-fields: On the 2d of October, I called at Mr. Gilbert's house, in Weston's Park ; there were some holes in the outside door, so that the person in the inside can clearly see who comes to the door; his daughter looked through one of the holes, and asked her if her father was at home; she said he was; upon that she opened the door, and I went in through a very dark passage; at length we came to a light place, a kitchen; the father came down, and I asked him if he had any halfpence; she said, if I called them halfpence, at the house where her father worked, I should be fined half-a-gallon of beer; she said, the term used at their house was mags; Gilbert desired his daughter to let me see some of them; she accordingly stooped down and took out of a sink, or place that holds water, in the kitchen, where there was a hole under it, and a number of papers deposited; there she took out of that place a paper parcel, containing six smaller parcels of 5s. each; in count 30s. which they call a piece? I looked at them, and they were of a very bad quality; I said I would only take half a piece, that was 15s. she gave them to me, and I gave her half-a-guinea in gold, and she gave me a half-crown piece in change; I have counted them since and found but 14s. 101/2d.(produces them): I think, if I recollect right, there are 375 pieces, or 357, I don't recollect which, but I think it is 357; there were two women, appeared to be market women, by their dress, purchased a piece, and there was a pockmarked man, dressed like a blacksmith, came in for some; I told him they were of such an indifferent quality, I should like something better; he said, if I would give him an order, he would make them to any size or thickness I liked; he said, he would have a partern for me, if I called again; I called again, and he shewed me a few halfpence of a thicker quality, much better; I asked him the price of them by the piece, and he said he could not sell them for less than nineteen shillings; I offered him eighteen for one paper, and he seemed to be rather affronted; he said, he thought I was such a customer, and I came away; I went afterwards with the officers; Mr. Armstrong, I believe, was one; I went to the door and rung the bell, one of the daughters came to the door, she looked through the hole of the door as before; when she saw it was me she opened the
Cross-examined by Mr. Knowlys. Q. How long have you been acquainted with this man? - A. It might be two months; Macan gave me a direction to him.
Q. You did not take him up till fourteen days after this? - A. The magistrate thought the best way was to have them all taken up on one day, for fear of giving an alarm to the rest.
Q. Do you mean to say you have never done business with Macan and Dunlop? - A. Never in my life in the bad money way.
Q. You have never gone about with them when they have been passing bad money? - A. Never; I might have been in their company when they were felling.
Q. You never were concerned with them? - A. No.
I went to search the prisoner's house, but found nothing; the other officer, I believe, did.
SAMUEL HARPER sworn.
I went with Rogers and Armstrong to search the house, and apprehend the prisoner: On the 16th of October I found nothing but some silver and halfpence in a bason, which turned out to be good; after that Armstrong and all the officers but me went away and left us with Gilbert's daughter; they staid away some time, and I went to see after them; I met Gilbert in Turnstile; says I, Gilbert, how does the world use you? says he, but poorly: where do you live now? why, says he, I hardly know; says I, then I will tell you, for I have just come from your house, and I took him into custody, and carried him to his own house; then we took him in a coach to the Crown, in Clerkenwell, and there I searched him, and upon his person I found 110 guineas, all in one purse, 25s. 6d. in silver, half-a-guinea in gold, and these papers, which appear to be bills of parcels; the money was all good, and I returned it to him.(The papers were produced and read.)
112lb. of copper £. 6 1 4
28 wt. - 1 4 6
4 16 10
Oct. 24,1795. Sheet 1. £. 5 12 0
Court. There is no occasion to read any more of them.
I was present at searching the prisoner's house; I found 13 halfpence in a drawer under the sink, in the kitchen.
Prisoner's defence. My Lord, the prosecutor is a very false-swearing man; I never saw him in my life.
GUILTY . (Aged 50.)
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
There being no evidence against the prisoners, they were ACQUITTED .
28. THOMAS JONES , THOMAS SMITH , and JOHN LEONARD WHITE , were indicted for burglariously breaking and entering the dwelling house of Richard Welch , on the 23d of October , about the hour of three in the night, and burglariously stealing therein one base metal watch, value 3l. the property of Nicholas Freeman , and one bank note, value 50l. the property of James Mangnall .
(The case was opened by Mr. Knowlys.)
RICHARD WILCH, Esq . sworn.
Court. Is this office door the inner door? - A. Yes, it is an inner door, and is a part of the house.
Q. That door, you say, you sastened yourself? - A. I did, with two bolts.
Q. Have you any doubt that the other parts of your house were sastened? - A. I have none.
Q. How soon after you had been in bed were you alarmed? - A. I went to bed about a quarter before one; I was alarmed about half past three; I thought I heard a noise, though not a very loud noise, it was an unusual one; I got out of bed and looked out at the window which looked into the court-yard before the house, which is inclosed with folding doors; it was formerly a shop, which I knocked down for my own convenience to make it more airy; I saw a strong light either in or upon the office of Mr. Mangnall; we had a pair of large reflectors; I was not certain whether it was from that, or what it was.
What connection had this office with the office that you bolted yourself? - A. It is no more than a large closet; in that office one goes out of the other; they all communicate and form a part of the house; I was not certain whether some of the servants might not be up; I desired Mrs. Welch to pull the bell; I immediately saw four men run down the yard as hard as they could run.
Q. Where did they appear to be running from? - A. I saw them run from the steps of the office door; I called out thieves, and recollected I had a rattle immediately under my hand, and sprung it.
Court. How was your office situated? - A. The house door and the office door are together from the court-yard; there is only a partition between; they had some difficulty in getting out, the gates being new and swelled with the wet weather; they jarred the gates some time before they could get out; I dressed myself as soon as I could, and went down stairs; when I got down stairs, I went to the door that I had bolted with two bolts the night before, and found that some of the people, that had been in the pursuit, were in the office.
Q. Do you know the names of those persons? - A. Peter Bricknell, belonging to the Aldersgate-street Coffee-house, and one of the watchmen; when I came down stairs, I unbolted both the bolts; the door that I bolted was the inner door of the office; I found the outer door open; but the inner door was in the same state that I had left it; I unbolted it and opened it; it fell, having been wrenched off the hinges; some person, which I believe was the waiter, caught it upon its falling; on the inside of the door there was a piece of iron that is termed a dog, or otherwise upon the hinges being wrenched off, the door must have been opened; it prevented them from drawing the door off, and prevented it from being pulled away; then I got into the clerk's office, and there I found that one of the desks that was locked was broke open, and all the papers in confusion; I went into Mr. Mangnall's office; we have three offices, which are all connected; the clerk's office is nearest to the street door; it opens upon the steps where I saw the persons running down from; then we go from there to Mr. Rutherfords's office; Mr. Mangnall's, which has a sky-light in it, is to the left; Mr. Rutherford's is at the back part of the house.
Court. Which of these was the one that you bolted? - A. The clerk's office; the door which leads into the clerk's office, from the court-yard, was made by me; there was only one door till, for my own convenience, I turned that window into a door; I went into Mr. Mangnall's office, and found two panes taken out of the sky-light, and the remainder of the glass lying about; I discovered, likewise, the print of the foot of some person upon the inside cell of the window, and upon an armed leather chair that Mr. Mangnall sits at his desk to write in.
Q. When they were making away from the steps, as you have described, did you see them beyond your gateway? - A. No, I did not; I found some watchmen in a passage leading to a warehouse belonging to a man of the name of Wyllie, a paper man; we heard a noise that seemed to proceed from the back of that warehouse, as if somebody was clambering over; in consequence of information from some of the neighbours, we went into Golden Lion-court, which is in Aldersgate-street, nearly opposite our house; the waiter of the coffee-house, and some watchmen, went with me; the court has a very narrow entrance for near twenty yards, so narrow that two people can hardly stand a-breast; it then opens into a wider part of the court, and there are houses on both sides of the way; the back of which houses look into Parliament-court; we were then in pursuit of them; I saw the two prisoners, Smith and White, in their shirts; Smith, the middle man in the dark hair, was without either coat or waistcoat; White had his waistcoat on; they were close to a man of the name of Spires, who lives in the court; somebody said out loud, these are the thieves; upon which, I challenged them, both of them said, they were not thieves; that they were looking for thieves; they had all three of them boots on. The prisoner Smith, the middle man, was in a most excessive heat, the perspiration ran down his face; I never saw a man in so great a heat in my life; White was very hot too, but not so hot as Smith; Smith was remarkably hot, as if he had ran a race of twenty miles.
Q. Had they hats on? - A. I cannot be sure; Smith had not, I think; White, I believe, had, but I will not be sure; Smith, I am almost positive, had not; but I think White had; I then took them from the spot to the watch-house; I then went back again home: with respect to the office door, we have a bar, two bolts, and a chain; they were all open.
Q. Had you observed that door in that state before you went in pursuit, or did you observe it when you came back again? - A. Before I went in pursuit of them; I wanted them to give some account of themselves at the watch-house, but they would not.
Q. Whose house is this? - A. Mine; I hold it of the Wax-chandlers' company; and for my own convenience, as well as the business, I made these offices, meaning, upon the settlement of our accounts, to charge something for it; but that is not yet settled; I never had any acknowledgement yet, and it is possible that I never shall.
Q. You pay the rent and taxes? - A. I do.
Q. Do you know any thing of the property? - A. No; I did not miss any thing of my own.
Cross-examined by Mr. Shephard. - Q. I believe I understand your description of the house, but I should like to be sure that I do; there is a court-yard before the whole building? - A. Yes.
Q. I take it there is a door to your dwelling-house? - A. Yes; and there is a door to the office, leading to the same stairs that the hall door does; there is an outer door to the office that comes into the court-yard, so that you can go directly out of the court into the office, without going into the dwelling-house, which communicates with the door that I bolted; I bolted the side of it next the dwelling-house, that nobody in the office could come into the dwelling-house.
Q. That inner door you found bolted in the same state, after the alarm? - A. Yes, with the hinges wrenched off; I found in the yard a dark lanthorn, a crow, and a picklock.
Q. The inner door had not been opened, whatever attempts might have been made? - A. It had not.
Q. So that in fact the result of the whole enquiry comes to this, that for the use of these offices and carrying on the business, they are to contribute something towards the rent? - A. Yes.
Q. The next time you saw any thing of them was after the alarm? - A. Yes; after Jones was at the watch-house.
Q. At the time you found the other two persons, it was long after Jones had been stopped? - A. I should think it a quarter of an hour or twenty minutes.
Court. - Q. Had your partners agreed to your proposal? - A. No; there has been no settlement at all.
Mr. Gurney, Counsel for Smith. - Q. After you had seen the four parties go from the steps, you dressed yourself and went to the watch-house? - A. Yes: the watch-house is about thirteen or fourteen doors, or rather better, from my house.
Q. Although the partners have not ratified the terms you mentioned, in point of fact, are not these the terms upon which you carry on your business? - A. I have entered one of the taxes, which I paid the other day, and no objection has been made.
Court. - Q. Whether your partners saw them entered in the books before this robbery? - A. No; since.
Court. - Q. Had you come to any specific agreement? - A. No.
Mr. Gurney. - Q. Can you recollect whether it was before or after that robbery that you mentioned this to Mr. Rutherford? - A. I had some conversation with Mr. Rutherford, and he rather conveyed the idea that he did not agree to it; and I firmly believe now, that they will not agree to the proposal that I made.
Q. You considered, and they considered, that something was to be paid? - A. Yes.
Q. The objection that they made was so the quantum that they were to pay? - A. Yes.
Q. Then at the time of this robbery your partners were liable for part of the rent and taxes? - A. Yes.
Q. How long was it between the time of your seeing the four persons go from the courtyard and seeing Jones in the watch-house? - A. Seven or eight minutes.
Q. After this you went in search of other persons; what time was it after that that you saw the prisoner Smith? - A. It might be about a quarter of an hour or twenty minutes.
Q. That you know would carry the time of your seeing him then to from between twenty-five and thirty minutes? - A. I cannot tell to a few minutes.
Q. What is the distance of this court from your house, in which you saw Smith? - A. It is nearly opposite.
Mr. Ally, prisoner white's Counsel. - Q. It was twenty minutes from the time you saw them come out to the time you saw the prisoner White? - A. Yes.
Q. At the time you saw him he was in company with a parcel of watchmen? - A. No; I believe he was close to Smith; but there were a number of watchmen about.
Q. You said something about the waiter at some coffee-house? - A. Yes, the Aldersgate coffee-house.
Q. Do you not know that this very waiter was the next day apprehended for a highway robbery? - A. He certainly was not; I am surprized you should think of such a thing; he bears a very good character; I have known him a long time.
Q. Did you hear White say any thing, or did you speak to him first? - A. I heard some persons say, these are the thieves.
Q. You desired the watchman to take him into custody? - A. Yes.
Q. Did you not make use of some expression at the time, assigning a reason why they should take him into custody? - A. I observed that he was very hot, and, I believe, in a hasty way, I did say he looks like a thief, for he would not give any account of himself.
Q. And there was not any thing found upon them? - A. No.
Q. Did your partners come to any express agreement to pay any thing? - A. No.
Q. Did they come with you to an agreement to pay any thing? - A. No; I proposed it should be left to Mr. Smith, of Bread-street, a mutual friend of us all; Mr. Rutherford did not like that, and it was agreed to be settled at some future day.
Q. Did they enter into any undertaking to pay you any thing? - A. No, they did not.
Q. Did they not, in point of fact, say they would leave it to another person to ascertain what they should pay? - A. No; they objected to that, saying, we would settle that some other time.
Court. - Q. Did they admit that they would allow you any thing for the offices? - A. No; I claimed it though.
Mr. Ally. - Q. Did they not admit that they would pay you something, though they would not say as to the quantum they would pay you? - A. Yes.
Court. - Q. Whether they had come to any express agreement with you, to allow you any thing for these offices? - A. They have not undertaken to pay any thing; but they have not said they would not pay me any thing.
Mr. Shepherd. - Q. I think I understand the result of what you say; you proposed to them that they should contribute each a third part of the rent; was it not the quantum that they objected to? - A. Yes.
Q. Do you not, then, at this moment believe, that it was understood by you all, that they were to contribute something? - A. Yes.
Court. - Q. I do not know whether you understand, that if they have not agreed to pay, you cannot make them pay; suppose they say they will not pay you? - A. I think they would behave like very shabby fellows, which I know they will not.
Q. Is there any fort of promise or agreement upon which you can have any remedy against them? - A. Certainly not, as to the legal proposition.
Court. - Q. Do both these gentlemen live under the same roof? - A. No, neither; each of them have distinct houses of their own, and pay their own rent and taxes, and I have nothing at all to do with it.
WILLIAM BURTON sworn.
I am in the service of the East India Company: I was a supernumerary watchman in Aldersgate ward; on the night of the 23d of October last, in the discharge of the duty of a watchman, about half past three in the morning, I was coming up Aldersgate-street, I heard a cry of watch; I stood still, considering where the voice came from; I thought it came further up the street from where I was; but almost instantaneously I heard the screech of a rattle; I thought the noise of the rattle came from the same place that I heard the voice from; I was proceeding up the street, but hearing a very great noise at Mr. Welch's gate, I made a stand, and in the space of one minute out rushed three or four men, I cannot be positive which, from within the gates; as they came out I made a seizure of one of the persons; but, owing to the velocity with which he came out, I could not keep any hold.
Court. - Q. Did you see Jones in the court? - A. Yes.
Q. Are you sure that was the same person you saw afterwards in the watch-house? - A. Yes.
Cross-examined by Mr. Shepherd. - Q. You were the watchman that night? - A. Yes.
Q. And the person you saw in the court you afterwards saw in the watch-house? - A. Yes.
Q. Are you sure that man was the man you attempted to seize? - A. Yes.
Q. Upon your going up to the prosecutor's gate three men pushed by you with the utmost velocity? - A. Yes; I could not keep any hold, by the velocity with which they rushed out.
Q. Your left side must be turned towards him? - A. Yes.
Q. Are you not blind on that side? - A. Yes.
Q. Then you venture to say, from that instantaneons view, that you had such an oppertunity of observing him, as to swear he is the same man you saw in the court? - A. He did not come out first.
Q. Were there two or three? - A. I cannot say, they were so altogether; I took him to be about the middle; I believe him to be about the second, I cannot say; I had the lanthorn in this left hand, that was partly a hindrance; I snatched hold of him with the lanthorn in my hand; I never saw him before.
Q. There was a great noise, which led you towards the gate? - A. There was a call of watchman, and the screech of a rattle.
Q. Between the time you went to Mr. Welch's gate and the court, several people had been alarmed? - A. They had not been alarmed quite so soon as that.
Q. The moment after the rattle sprung there was an alarm? - A. I could only see the watchman coming up to the place, and they came from different quarters.
Q. Did you see Jones searched at the watch-house? - A. Yes.
Q. Do you know any thing of a reward in a case of this sort? - A. I have heard of a reward, of course.
Q. If you cast them all three, you know, you will get an hundred and twenty pounds; do not you expect a share of that? - A. I do not know; if there is a share, I suppose it will be given to me; if they are cast for death I shall expect something of course.
Mr. Shepherd. - Q. Did you see the watchmen when they were in the court? - A. I saw them as they entered the court just before me, and I followed behind.
Q. The man you touched got into the court before the watchman? - A. Yes.
Q. Were you opposite the court from the time the man rushed from you, so as to be able to see up the court all the time? - A. No; but I never lost sight of him till he got to the court.
Q. He had his back to you when he ran across the way? - A. Yes; I did not see his face till I got up to him.
Q. Was it a dark night, or moon-light? - A. It was dark; I cannot recollect whether
JOHN CRAWFORD sworn.
I am a watchman in Aldersgate-street: I heard the alarm on the night these men were taken; the first that I heard was Mr. Welch's rattle, the next was Burton called me, I left off crying, and flew to him directly; he bid me make the best of my way up Parliament-court, which I did.
Q. Did you see any body there? - A. I took him by the collar, and said, you rogue, if you stir or move I will knock you down with a stick; he did not offer to stir, and I took him for about two yards.
Q. Was he walking or running? - A. He stood up against a dead wall, and said, what do you want with me? - I said, I will let you know what I want with you, upon that I seized him with my left hand, and delivered him to another watchman, and he was conducted to the watch-house.
Q. Is this a thoroughfare or not? - A. It is; but it is a very dark place; and they did not know the way of it, or we should never have had an opportunity of taking them.
Q. When you got into the court did you see any other man doing any thing? - A. No; only the neighbours out of the windows; after this. I saw some ladders moving; the ladders laid over the wall, I suppose about two yards high.
Q. Did you see any persons get over? - A. No; it leads over yards, and yards that belong, I believe, to five or six houses; over one gentleman's garden and another; the back windows of Parliament-court look into this yard; they were very poor, mean sort of places.
Q. Did you see Burton after you had seized these men? - A. Yes, in about three or four minutes.
Upon his cross-examination, he said, he had heard the rattle sprung pretty loud, about a minute, or a minute and a-half; there were a great many of the neighbours came about in a few minutes: The prisoner Jones, with the other, wanted to know what was the matter; he did not offer to make his escape; he went very quietly; that he asked him what he could went with him; that he was not crouching down, but standing up; he was at the Mansion-house when Burton was there; he heard something of Burton being under some difficulty; not knowing the man immediately, when he was before the Lord-Mayor, but as soon as he had told his story, he came out; that he remembered a complaint of the man being pointed out to him; that he never heard fire cried in Aldersgate-street; there were about seven or eight people in the court when he laid hold of him; but that he went into the court before them, excepting two persons, who went into the court before him, whom he saw come out of Mr. Welch's house; Jones was one; he never heard of a reward in cases of this sort; they never talked of a reward to each other.
I was watchman the night of Mr. Welch's robbery; Crawford delivered Jones to me; I took him to the watch-house; there were several people in the court.
I am a waiter, at Aldersgate-street coffee-house, next door to Mr. Welch's; my business called me up that night to scower the wainscot; we heard a noise several times, and went up stairs; I opened the window, and saw the lamp-lighter take away his ladder; I thought the noise proceeded from that; I heard Mr. Welch spring his rattle; I saw some persons run along the passage, which is just the length of the yard; I went into Mr. Welch's house as soon as I got out of my own door; Mr. Welch was at the window, and he asked who I was; I said, me, and he desired me to come into the house; I went up; Mr. Welch unbolted the door; every screw of the hinges were undone, and the door fell upon me; I left Mr. Welch, and came down and saw the watchmen; I asked if they had got any body, he said, one man; I went up Nettleton-court, and got a poker, to endeavour to open the door; I then went up Golden-lion-court, and saw two men, Smith and White, go into Mr. Spire's house; one had his cloaths off, and the other was in the act of pulling them off; I saw White pulling off his coat in Mr. Spires's house; they came out into the court and holloa'd thieves,
Q. What cloaths do you mean? - A. His coat and waistcoat; they beckoned me to come into the house, and said, there were thieves in the house; I looked at them; I thought them very suspicious men, being all over wet with dirt or mud; they appeared as if they had been running, the sweat was running down their faces; I collared the tallest of them which was Smith, and said, I suspected him to be a thief, and delivered him up to the watchman; they then followed the other (White), and secured him, and delivered him to the watchman; at the top of the court we found some cloaths; on the right hand side I found a great coat, and on the left hand side a coat; then I turned into Mr. Spires's house, with the rest of the people that had been in search of them; after I delivered them to the watchman, they gave me one or two coats more, and I took them to Mr. Welch's house.
On his cross-examination, he said, it was twenty minutes after Mr. Welch sprung the rattle; that he saw Smith in the court just opposite Mr. Welch's, about fifty or sixty yards from it; that there was a considerable alarm in the neighbourhood, and a great many persons collected together, and he did not make any resistance.
I live in Golden-lion-court, Aldersgate-street: About three o'clock, in the morning of the 24th of August, I was in bed; the wind was very high; I thought the back part of the house would have been blown down; I got up and went into the yard; the back part of the house looks into Parliament-court; there is no way from our house into that court but over walls; I heard a man say, open the door; the house is beset with thieves; I went up two pair of stairs and called the lodgers, and then came down and saw a man come through the window and go down stairs in such an instant of time, that I could not see his face; he let himself out at the street door, which leads into Goldenlion-court.
I live in Golden-lion-court, next door to Mr. Pinnick's, it is not a thoroughfare. On the night of the robbery, about half an hour after three o'clock, my wife waked me, and I heard an alarm of thieves; I got up and struck a light; I opened the door, and in came two men with the watchmen, and a great many others round the door; to the best of my knowledge the two men were the prisoners, Smith and White; as soon as I opened the door they holloa'd thieves, thieves, and ran; the waiter of the Aldersgate-street coffee-house came in; I said, for God's-sake, let no thieves in; the men said they were no thieves, but came to look for thieves; they ran out again and I ran out with them.
Q. Were their coats on when they came in? - A. Yes; they went out with their coats off; they chucked them on the ground in my room; one had a brown coat on, and the other a blue one; I cannot say whether they had boots on or not; the waiter said, don't let these men go, they are the thieves; Mr. Welch said there was another, and they laid hold of me, but the watchman said, no, I was an inhabitant of the place; I did not particularly observe them till they got to the watch-house; I saw my lodger pick up a hat in the court, after they were gone; I saw the prisoners at the watch-house; they are the same persons I saw in my house; one had a waistcoat on, the other had none; one of them asked for a hat, I don't know which; I said it was given to the watchmen, and they all had boots on.
On his cross-examination, he said, the cry of thieves was from the watchmen; there were several persons in the court; he supposed they would have taken him, if the watchman had not said he was an inhabitant.
I am one of Mr. Welch's partners; I lost a 50l. bank note; I saw it on the afternoon of the 23d, about six or seven o'clock; I left it in the desk in my office, in a memorandum book, locked up; I found the book afterwards in the office; I found the drawers open and all the papers strewed about the house; the lock was picked.
Cross-examination. Q. You have now settled the account of the part you are to pay of the rent of this office? - A. I have not engaged to pay any thing; there is no agreement between us; I have assented to pay some proportion;
NICHOLAS FREEMAN sworn.
I am clerk in Mr. Welch's office; I lost a metal watch; I left it in the desk in the clerk's office.
Q. Was the desk broke open? - A. No, it was not locked.
Mr. Shepherd. My Lord, it is not for the fake of occupying the time of the court, to have an opportunity of making a speech to the jury, or to combat any one single fact that I now rise, but to address you on a legal point as it arises on a part of the evidence. The indictment, in the first count, charges the prisoners with breaking and entering the dwelling-house of Mr. Welch; and in the second count, laying it to be the dwelling-house of Mr. Welch and partners: one of these propositions must be made out, either that it is the dwelling house of Mr. Welch, or of the partners. Mr. Welch describes his house thus: he had the whole house; he has made a part of it into offices; there is an inner door which communicates with the offices, which he found unbolted and the hinges broke; but as far as relates to that door there was no burglary committed; the part he inhabits was not broke, but only the offices, which I submit are no part of the dwelling-house either of Mr. Welch, or of Mr. Welch and the partners. If I take an outhouse or shop to my separate and distinct occupation, and the rest of the house is occupied by others, my shop is not a part of that dwelling-house; it can only be a dwelling-house as there is an unity of occupation, the dwelling-house of one person; the dwelling-house here is of one person; the offices belong to others; and if the dwelling house is that of one person and the adjoining part that of another, it will become a question, whether the persons occupying the adjoining part have any right in the occupation of the house at all? Mr. Welch does not left out parts of these offices to Messrs. Rutherford and Mangnall, but takes them in as joint temant of the offices, and there by they become so much joint possessors, that neither could bring an action against the other. The landlord of a house, who letts out a room to an individual, is occupier of the whole, and not a tenant in common. Now here Mr. Welch takes these partners into the offices, and proposes that they shall contribute something to the payment of the rent; this proposal has never been executed, either by writing or agreement, but they are let into possession, and therefore he has done that which, in point of law, would amount to an agreement; a proposal is made on one side and assented to on the other; the only thing not agreed to is the quantum that shall be paid; that is an agreement on which an action would lie. If a man offers me a house at a certain sum, I say, no, I will not give that sum; but, says he, take the house, and at Midsummer we will settle the sum; certainly that is a contract to become a tenant, an acquiescence to pay something, but not an adjustment of the sum; that makes no difference in point of law, the contract is the same. Then, if it be so, the question is, whether a man possessing a dwelling-house, and having let in two partners as joint tenants, can bring an action against the the others for entering into these officers, if he had chose to have fastened the door against them. He cannot if they are joint tenants; and this office, which is only and adjunct to the other part, cannot be the dwelling-house of Mr. Welch.
My learned friends will say then, it is the dwelling-house of all three: that I deny, because it can only be a dwelling-house, as it is an adjunct to a dwelling-house; but to make it the dwelling-house of Mr. Welch as an adjunct it must be in the same occupation as the dwelling-house; and if this office were in the possession of other persons, it could not be their dwelling-house; if this dwelling-house be not the dwelling-house of Messrs. Welch, Rutherford, and Mangnall, neither can the offices be the dwelling-house of Messrs. Welch, Rutherford and Mangnall. Suppose there were a brew-house and a dwelling-house upon the same premisses, or a dwelling-house and a mill, it the mill were in the occupation of the man that had the dwelling-house, it would be a part of the dwelling-house; but if the mill were in the occupation of three partners, it would not be a part of the dwelling-house.
Mr. Knowlys and Mr. Knapp, on the part of the prosecution, contended, that the office was a constituent part of the house; that it was not parted off from the house; that Mr. Welch has the lease to himself alone, and pays the rent and taxes himself; that no contract had taken place; that a proposal had been made, merely that they should pay something, not for occupation, but for coming into Mr. Welch's house to do their business; and that if Mr. Welch had put a turn-up bedstead into the office for his servant to sleep in, it could not have been contended that it was not a part of the dwelling-house of Mr. Welch.
Mr. Shepherd, on the part of the prisoners, replied to the arguments of Mr. Knowlys and Mr. Knapp.
Court. - This case has been argued with great ingenuity, by Mr. Shepherd, on the part of the prisoners, but I cannot agree, that there is any separation in these premisses. The question is, what constitutes a dwelling-house. Now what is the case with this house as proved? Who takes the house? Mr. Welch; he takes the lease and occupies the whole. Has he divested himself of the occupation of any part of the house? But, because he has his business carried on in this house, it is contended, that that is a separation of the premisses; I cannot agree in that; I consider it as not being out of his occupation; he resides there himself and his servants.
The next question is, whether the partners have any share in the house? do they contribute to the rent? do they contribute to the taxes, or to the servants? Now let us see whether the servants of the partnership are confined to this office; so far from it, that one of the clerks sleeps in the house of Mr. Welch. That does away the separation: I am of opinion it is to be considered as the dwelling-house of Mr. Welch, because neither of the partners are bound to pay rent nor taxes; and to consider them as occupiers of this house, it is necessary not only that they should have a servant sleep in the house, but that they should contribute to the rent and taxes; they do not pay rent and taxes, and therefore it is in the sole occupation of Mr. Welch.
If it were a fact that they are to contribute to the rent and taxes, that would let them in, and the second count would apply, for then it would be considered as the dwelling-house of the three partners; but, I think, upon this evidence, it is not made out to be the house of the partners, but the house of Mr. Welch.
Prisoner Jones's Defence. - I was passing by this street, on the morning that Mr. Welch says his house was broke open; I was going from Cheapside to the Jolly Carpenters in Old-street-road, to meet my brother, who is a news-carrier; I heard an alarm of fire; I asked the watchman where it was; he said he did not know; I saw a number of persons going up this court, crying fire; I went up, and the watchmen surrounded me; one laid hold of my hand, and another threatened to knock me down; I said I should make no resistance, but go with them; I then asked them what was the matter, and they did not know; I heard afterwards, that a house had been broke open; I am innocent of it; I was only passing at the time of the alarm.
Prisoner White. - My Lord, I understood the trial was to be put off till to-morrow, and have sent home the witnesses to my character; I leave my defence to my counsel.
Prisoner Smith. - I have not any thing to say; I am perfectly innocent; I leave my defence to my counsel.
All three NOT GUILTY .
Tried by the London Jury, before Mr. RECORDER.
28. JAMES BASSET was indicted for the wilful murder of Charles Gerard , and James Johnson for aiding, abetting, and comforting the said James Basset in committing the said murder , November 20 .[The case was opened by Mr. Knapp.]
I am a sailor: I belonged to the Diana, when this affair happened; I know the prisoner Bassett; he is servant to Mr. Bryant, a lighter-man; I was with the deceased all the day through; he was mate of the same vessel; we were about to shift our vessel from Glasgow wharf to Miller's wharf; there were two of the coal craft lying about the vessel, that we could not get clear of; Gerard, the mate, jumped over, and cut the craft adrift; there were three men in them; it was at night, and darkish, that I could not tell who they were: the three men came and shoved the mate down in the bottom of the coal craft.
Q. Did you at that time see either of the prisoners at the bar? - A. No; I could not discern them; we had a rope fast to the tier; the mate ran away towards the rope that our vessel was swinging by, to get away from them; they cut the rope, and the mate got it bent again; after they cut it, we got the ship Diana, hauled up a-breast of Miller's wharf, and then our mate came on board; and when we came to Miller's wharf , there was a coal craft lying upon the ground where we were to be; the mate then went to shove this craft away, for the Diana to come in; when he said he would shove that craft out, one of the three men said, he would heave him overboard; there was only one of the three there then; in about a minute and an half after I heard a fall into the water; I did not know what it was, till I went and saw our mate in the water; then I saw three men, and the mate was floating upon the top of the water.
Q. Are you able to tell the jury who those men were? - A. No.
Q. Did you hear them make use of any expressions at the time? - A. Yes; I heard one of them say, the bugger is dead now.
Court. They had taken him out of the water? - A. They were about getting him out at that time; I made answer, you have killed him among you.
Court. They did take him out of the water? - A. Yes; they called to me to come and take him out, and I told them I was afraid they would serve me the same sance; I went down upon the craft afterwards, and saw the prisoner Basset; when I had hold of the mate's arm, and I spoke to him, and told him it was certainly him that had done it, he made no answer that I heard; but we were all in confusion getting the corpse away. When we got him out of the water, he was dead; what became of the prisoners, I don't know; I carried the corpse up to Mr. Nesbitt's.
Upon his cross-examination, he said, it was counted a very ill-natured thing to fet each other's craft adrist; he said, the deceased was very seldom engaged in any quarrels; he had not had any quarrels till that night since he had been here, but that he had seen him wrangling sometimes; he said, they had got him out of the River before he got into the coal craft, and that it was so dark, he could not see the colour of their coals.
A boy of thirteen years of age, was then called, and deposed, that it was so dark he could not see who the men were that were on board the coal craft.
Mr. Knapp. My Lord, I don't wish to press a case in which I cannot identity the persons.
Both NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. Baron PERRYN.
29. JOHN BOLT was indicted for feloniously stealing a pair of silver knee-buckles, value 4s. a cloth great coat, value 10s. and a pair of leather boots, value 12s. the property of Henry Wynyard , Esq. August 19 .
HENRY WYNYARD, Esq. sworn.
The prisoner was a soldier in the first regiment of guards ; he lived in my family as a servant ; he was in my service about three months; I don't know any thing of the robbery; I left him in charge of my house, when I went out of town, in August, and in the beginning of September I heard that he had absconded: I did not return till October; I sent a servant to town, who discovered that my house had been robbed.
CHARLES CARTER sworn.Wynyard sent to Col. Wynyard for the servants to say whether they had lost any thing or not, and Mrs. Postan came to town: I knew nothing of the property till I saw it before the magistrate; I saw a pair of knee-buckles, boots, and a great coat, which I believe to be Colonel Wynyard's; I went three or four times before the magistrate, before he was taken, upon the examination of a woman he had cohabited with, and had pawned things for him.
CAPTAIN SARGISSON sworn.
On the 12th of October we enlisted the prisoner at the bar; my regiment was upon its march from Fareham in Hampshire to Exeter; we were at Botley, in Hampshire, when he enlisted in the 43d regiment; I had never seen him before; I did not know he was servant to Captain Wynyard ; he attempted to desert about four miles from Salisbury; I took him up, and he said he did not chuse to go into Salisbury in the day-time; when we got into Salisbury, we there saw a servant of Colonel Wynyard's, who knew him; and said, in his presence, that she believed he had robbed his master; he did not deny it; I had reason to believe, from the conversation, that the things were not made away with; but that he had pawned them; he produced the duplicates, and I have had them ever since (produces them).
I am a servant to Mr. Wright, a pawnbroker, in Tothill-street, Westminster: On the 19th of August, a man of the name of Bolt pledged a great coat with me, in the name of John Bolt ; I am not sure that it was the prisoner; and on the 12th of August, a pair of boots in the same name, for 10s; but I did not take them in.(The boots and great coat were produced in court.)
Carter. I belive these to be Colonel Wynyard 's boots; they have the name of the maker in them; I formerly wore them; they were boots allowed to the livery servants.(The knee-buckles were produced in court.)
Mr. Wynyard. They are exactly the same pattern as mine; I cannot swear to them but from the pattern.
I am apprentice to Mr. Moore, a pawnbroker, in Broad-street, Oxford-street; I took in these knee-buckles; they were pledged in the name of Bolt; but whether by the prisoner or not I cannot say.
Captain Sargisson. When I took him as a deserter he had got about half a mile; he had a bludgeon in his hand; I told him to put it down or I must draw my sword upon him; he had not been in custody above a quarter of an hour before he sent up a message that he was a dead man: Sir, says he, I am a villain; I have robbed Colonel Wynyard ; I let three persons into the house and robbed him, and he wished he was at the place of execution; he was very penitent; he thanked me for bringing him to justice; he had never been happy since; he refused to go into Salisbury, because there was a fellow servant, he said, lived at the inn where, in all probability we should stop, and he was very glad he was taken.
Court. Q. Prisoner, what have you to say in your defence.
Prisoner. A. Nothing at all, my Lord.
GUILTY . (Aged 22.)
Tried by the first Middlesex Jury, before Mr. Baron PERRYN. (The prisoner was recommended by the Jury to go to the West Indies.)
I am a broker and auctioneer , No. 220, Shoreditch: On Thursday the 29th of Oct.Plough-yard ; I saw it there about eleven o'clock; I did not miss it till the Monday following; the prisoner was my servant; I went to him on Tuesday; I was going to put him in possession of a house; I told him before he went with me to bring back my great coat which he took away from the warehouse; he said, he had not taken my great coat away; I said, if you have taken any great coat away never mind whose it is, bring it back, I paid for it; he strictly denied it, and said I wanted to make him out a thief; I then went with him to one of my porters, of the name of Potter, who was there on the same day with the prisoner, and asked him if he knew any thing of this great coat; Potter said, when he went from the warehouse he saw the prisoner go from the warehouse, with a blue great coat, and he believed it to be my great coat, being the same coat he brought from Oxford-road, a few days before; the prisoner said, it was false, and denied taking any thing away; I went to his lodging, and left him at the door with a man and Mrs. Harlow, and told them to see that nothing came out, while I went for a search warrant; he offered me his keys to go and search, but I did not think myself justisted in so doing; I went and got a search warrant, but could not get a constable just then to serve it; when I returned he was in his apartment; I took him myself to the office, and gave charge of him to Mr. Armstrong, who went and searched his apartments, but could not find any thing; he was examined at the Office, and in consequence of that examination Armstrong and I went to the apartment of one Mrs. Madden, and she produced the coat.(It was produced in court, and deposed to by the prisoner.)
On his cross-examination, he said, it was an old coat, the collar saded; that it had been mended, and new buttons put on it; that it was made for him two years ago, and he knew it by those marks; that he employed the prisoner, and had a good opinion of him; that he had had the great coat in his possession ever since.
On the 29th of October I was employed by Mr. Harlow to bring a load into the Old Bailey, from his warehouse; the prisoner delivered it to me; it was a glass door, a nest of drawers, and sundry articles; while I was packing up my load I saw him come out of the warehouse with a blue great coat under his arm; on the Tuesday following I heard that Mr. Harlow could not find his great coat, and gave him some information respecting it.
On his cross-examination, he said, he did not mention it till the Tuesday following, because he did not know what he was going to do with it; and he did not know it was missing till that time.
LEAH MADDEN sworn.
I live next door to the prisoner: Between eleven and twelve o'clock, on Tuesday morning, the prisoner asked me to let him have a great coat in my apartment.
Q. How long was that before Mr. Harlow came and asked you if you had seen the prisoner? - A. About a quarter of an hour; I have two rooms; the inner room has a bed in it; he went and put it under the side of the bed, on the floor; he said nothing, but went away immediately.
On her cross-examination, she said, it was plain enough for any body to see it if they went into the room.
Prisoner's defence. I have been entrusted with many, many pounds, by that gentleman; he never found me deficient in his life.
The prisoner called two witnesses, who gave him a good character.
Of stealing to the value of 10d. (Aged 27.)
Tried by the first Middlesex Jury, before Mr. Justice GROSE.
31. RALPH EDDLESTON was indicted for that he, in the King's highway, in and upon John Simmons , did make an assault, putting him in fear and danger of his life, and stealing from his person two guineas and 2s. in monies, numbered, the property of the said John Simmons , Nov. 14th .
The prosecutor was called, but not appearing, his recognizance was ordered to be estreated.
Samuel Hambleton . The prosecutor is not here; I know nothing of the robbery.
Not GUILTY .
A CLERK sworn.
In consequence of an information from the counting-house of Messrs. Sutton and Sharpe, I went to Mr. Stevenson's, the Apollo, Tottenham-court-road, and he shewed me a cask of beer in the cellar; the cask appeared to be Mr. Sharpe's.
Q. Had you missed any quantity of beer? - A. Not that I know of; I know nothing but that the cask appeared to belong to Messrs. Sutton and Sharpe.
On his cross-examination, he said, two years ago the partners were Cherrington and Sharpe, but that the mark was not the same now as in his time; that Mr. Sharpe had served the Apollo with beer two or three years; that they might have served him with beer in casks marked as this was: he was asked if ullages were not considered as the perquisite of the draymen? he said, no such perquisite was allowed at their house; that ullages are what is left at the bottom of casks.
- STEVENSON sworn.
I keep the Apollo, Tottenham-court-road: About three months ago the prisoners brought a cask of ale to my house, and asked if I could do any thing with it, in regard to selling it; I asked them what was the price of it, they told me I should have it for 12s. for if they took it home they should have but a trifle for it; they said, they had made it up from gentlemens houses, out of different casks.
Court. Q. If it had not been ullages it would have been worth much more? - A. It would have been worth 45s.
Both NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. Justice GROSE.
Second Count. For feloniously stealing a hand saw, value 4s. a cloth jacket, value 15s. a square, value 2s. and a silaster plane, value 3s. the property of Burton Kemp , October 30. BURTON KEMP sworn.
I lost a hand saw, a plane, a square, and a cloth jacket, from a building near the Foundling-hospital that is uninhabited: On the 23d of October I went home to dinner, between twelve and one o'clock; when I returned I missed the things; I was at work in the building in the course of a week after; I went to several pawnbrokers to endeavour to find my tools; at last I went to one in Leather-lane, and found the plane and square.
Q. What was the pawnbroker's name? - A. Notley. When the man was searched, the saw was mentioned in a duplicate found upon him; it was pawned at Clerkenwell-green; the justice sent for the pawnbroker, and the saw was produced at the office in Hatton-garden. The prisoner owned to me, that he had sold the jacket to a Jew, on Clerkenwell-green. The magistrate committed him to Clerkenwell-bridewell.
I am a pawnbroker, in Leather-lane; I know the prisoner perfectly well; he has several times pledged carpenters' tools at our house, (produces a plane and square).
Kenp. - These are my property; I made the square myself; the place I have had six or seven years.
JAMES LOWE sworn.
I am a pawnbroker at Clerkenwell-green: On the 30th of October there was a saw pawned with us, in the name of John Harris ; I don't know that I ever saw the prisoner.(The saw was produced, and deposed to by Kemp).
- DEVINE sworn.
I am a constable: I took the prisoner; I searched him, and found some duplicates upon him, one of a saw, pawned at Clerkenwell
Prisoner's Defence. - I met a person of the name of John Harris , in Holborn; he asked me if I wanted to buy any tools; he said he was going on board of a man of war, and wanted some money; I said I had no money to spare then, but in the course of the week I might be able to buy them of him; he called upon me afterwards, and said, he had pawned a saw in my name, and another in his own name, at Clerkenwell; he asked me to go and drink together, which we did; then he offered to leave the square and silaster with me, if I would pay for the liquor; I said I had no money; he then sent me with them to Mr. Notley's, to pawn them, to pay for the liquor; I am willing to serve his Majesty.
GUILTY . (Aged 25.)
33. JOHN GROUT was indicted for feloniously stealing one canvas bag, value 6d. forty-one pounds of lump sugar, value 2l. 4s. nine pounds of moist sugar, value 6s. 10d. and twenty-one pounds of soap, value 1l. 6s. the property of Benjamin Noton and George Eade , November 5 .
The witnesses were examined apart at the request of the prisoner.
I am a porter to Messrs. Noton and Eade: On the 4th of November I was sent to the Talbot-inn, in the Borough, with this grocery; I went up Cannon-street ; I pitched my load to rest me, on the bulk at the London Stone, and a man came up and asked me to direct him to the Swan with Two Necks, in Lad-lane; after I had directed him, I turned round, and the goods were gone off the place; as soon as I missed them I ran up Swithin's-lane; to the best of my knowledge I saw the prisoner, Grout, run up the lane, and another man with him; he had the goods on his shoulder; I cried, stop thief; he dropped the goods, and the other man came running towards me, and ran against me; John Perkins stopped him, and brought him to me; he wanted to go down on his knees and beg my pardon, and begged me not to give charge of him; I told him he had liked to have ruined me for ever; we took him to the Compter; I left the bag in Mr. Smith's warehouse, till I came back again.
Q. How far had he run, after he threw down the goods, before he was stopped? - A. About forty yards; he had got out of my sight, but not out of the lane.
On his cross-examination, he said, it would have gone hard with him if he had lost his master's property; that it was very dark; that the prisoner had got completely out of his sight; that he did not recollect, whether or no he said, before the justice, that he thought the man who had the parcel was a shorter man.
I am porter to Messrs. Smith and Campbell, grocers, in Swithins'-lane: I heard the cry of stop thief; I was coming to the door as the prisoner passed it; there was a man stopped him before I came to him; his name is Walker; I overtook him about one hundred and fifty yards from the warehouse door, in Swithins'-lane; he said he was not the man that robbed the porter; he was going on an errand for his master.
Q. Had you told him the porter had been robbed? - A. Yes; he did not say who his master was; I told him that, as an honest man, he would have no objection to come down to the porter, to see whether he was the man or not; he said he was not the man, and wished to go about his business; I told him he should not, and Walker and I brought him to the porter; the porter said, he was the man with the goods upon his back; we then took him to the Compter.
On his cross-examination, he said, he had nothing on him when he saw him; that there was but one person running besides the prisoner; that he always denied being the man that robbed the porter.
Jury. - Q. He did not say who his master was? - A. No.
I am porter to Mr. Thomas Bell , of Swithin's-lane: On the 5th of November, a little before six in the evening; I was going to the Post-office with letters; I heard a cry of stop thief; I saw the prisoner running down the lane, towards me; I did not see any body else in the lane; before he came up to me he crossed the way; I crossed the kennel to meet him, and bid him stop; he said he was not the person, and he would not be stopped; I caught hold of his coat, and he hit me on the left arm, and got from me; he damned me, and said, he would not be stopped; I pursued him, and told him he should be stopped; I caught him again, and Perkins came to my assistance; the porter was down below, taking care of his goods; when we took him back to the porter, he said, he could swear that was the man that had the goods upon his shoulder; the prisoner said first, he was going to Smithfield; afterwards, he said, he was going to Blacksriars-bridge, to order some coals of a coal-merchant; and he offered to go down upon his knees, several times, to ask the man pardon, if he would only let him go.
Upon his cross-examination, he said, there was nobody in the lane when he was running; that he lives opposite Salters' hall-court; that when they brought him to the porter, he said, he was the man.
Jury. - Q. Did he say, that he was not the man that robbed the porter? - A. He said, he was not the man.
I sent the man out with the goods, that is all I know of it. I am clerk to Messrs. Noton and Eade.
Q. Nobody else has any interest in the business? - A. No.(The goods were produced in court).
Mr. Knapp to Rutter. - Q. There is no mark upon the bag, but that direction? - A. No.
Prisoner. - I leave my defence to my counsel.
GUILTY . (Aged 20.)
Tried by the London Jury, before Mr. COMMON SERJEANT.
34. PETER CHALMERS was indicted for feloniously stealing thirteen glass bottles, value 3s. one pint and a half of Port wine, value 2s. a pint and a half of Vidonia wine, value 2s. a pint and a half of Lisbon wine value 2s. a pint and a half of Madeira wine, value 2s. a pint and a half of Sherry, value 2s. a pint and a half of Tent wine, value 2s. a pint and a half of Calcavella, value 2s. four pints and a half of rum, value 6s. and three pints of brandy, value 4s. the property of John Allnutt , November 16 .(The case was opened by Mr. Knowlys).
CHRISTIANA FLEMING sworn.
The prisoner at the bar lodged at my house three weeks all but one night; I am a poor widow woman; I live in Barking Churchyard; I observed him coming through the house, several times, with a bottle in his pocket; when he first came, I observed him bring an empty hamper, and it stood in the room a considerable time; and between eight and nine, he brought in some straw; he said it was to pack up some tea, he was going to send to Scotland; an acquaintance of mine called upon me, and I told him what I observed; he brought down the hamper upon his shoulder; it appeared to be full: he lodged in the first floor.
Q. What gentleman was that called upon you? - A. It was not a gentleman, it was an acquaintance of mine; a taylor that works for his bread.
- HARRISON sworn.
Q. Look at that paper; do you believe that to be his hand-writing? - A. Yes.
Q. Look at that, and see if you believe that to be his? - A. Yes.
Q. Look at that, and see whether that is his writing? - A. Yes, it is: In consequence of some information, I went with Mr. Thomas Allnutt , on Monday the 23d of November, about four in the afternoon, to the prisoner's lodgings in Barking Church-yard, at Mrs. Fleming's, up one-pair-of-stairs; the prisoner was not at home; I saw him afterwards; I searched the house before I saw him; I found a bottle of red port secreted under his bed; we did not find any thing more then, but got a constable, and returned to the counting-house; the constable was with us when we found this bottle of wine; we left it then, and returned to the counting-house, and called up the prisoner out of the vaults; I accused him of robbing Mr. Allnutt, in the presence of Mr. Thomas Allnutt , the constable, George Taverner, and a Mr. Munday, who is not here; he denied it; we told him of a hamper, which we supposed contained wine; he said it did not contain wine, but that it contained china; I told him he had been seen to take a hamper across Tower-hill: we then went to his lodgings, and upon going into the room, he took this bottle of port from under his bed, and he accounted for it in this way-that it was the remaining bottle of three bottles of wine that he had bought in Bond-street, and it was the only wine he had ever had since he came to London: we then desired him to open his trunk, and on opening his trunk, there were three bottles of rum, and a number of letters, and other papers; and among those papers I found a lift of the wine which the hamper contained.
Q. Look at that, and tell me whether that is the paper? - A. Yes, it is; and I found the wharfinger's receipt for a hamper at Glasgow wharf, and a counter part of the letter dated the 25th of November.
Q. Is that the thing you say you found? - A. Yes.
Q. And is this the hand-writing of the prisoner? - A. Yes; I went to Hawley's wharf; he said it was a contrivance to take away his character: he was examined before the Lord-Mayor, and the examination taken in writing.(The hamper was produced in Court).
Q. Look at the direction, and tell us if you know the hand-writing of that direction? - A. It is the prisoner's hand-writing.
Cross-examined by Mr. Knapp. Q. You seem extremely well acquainted with the prisoner's hand-writing; how often have you seen him write? - A. There is a book in which he entered every thing daily.
Q. Do you mean to say you have such a knowledge of his hand-writing as to swear to it positively? - A. Yes.
Q. How long had this man lived with you? - A. Three weeks within a day or two.
Q. Was there any money delivered to you to take care of for him? - A. Yes; 81. 3s. 6d. his attorney came to me upon his second examination, and asked me for it, and I gave it him.
Q. Was it delivered up to him by your own voluntary movement, or by the direction of the magistrate? - A. The magistrate did not give any such direction; he said it would be better to give it up, which I did.
I am the brother of the prosecutor: I went to the prisoner's lodgings with Mr. Harrison, the clerk; and I am not certain whether I went with George or not; but I went to the constable, and desired him to come before I did any thing; and as I thought I might do something improper without him, we did nothing till he came: we found a bottle of red wine under the bed; we searched all over the room after we had found the bottle of wine;
Q. Was any thing said to the prisoner before you took him to his lodgings? - A. Yes; I taxed him with having had a hamper in his possession; he said it only contained china; he said three bottles of wine was all the wine he had had since he had been in England; and that he had bought them of somebody, I think, in New Bond-street; and we discovered, I think, four bottles of rum, I am not certain.
Q. Did you find any thing else in his box? - A. Yes; a great many papers; and, among the rest, one respecting a hamper.
Q. Look at these papers; tell us if you know the hand-writing; and tell us where you found them, if you found them at all? - A. I think this different from his common writing; it seems to be more of a running-hand than his; but this I can swear to be his writing; I believe this to be taken out of his box; but as they were not opened till after I came home, I cannot say; I sent the porter to the wharf.
Q. Look at that, and see if that is the direction you talk of about the hamper? - A. Yes, that is the same direction.
Q. How often have you seen him write? - A. Not very often.
Court. Q. Did you specify what hamper you meant? - A. No; I only asked him what the hamper contained, that I understood he had taken to Nightingale-lane.
Q. Be so good as to look at the direction on the hamper? - A. I believe that to be the prisoner's hand-writing.
Cross-examined by Mr. Knapp. Q. You told him you had strong suspicions of him? - A. Yes.
Q. And notwithstanding that, he went with you to his lodgings readily? - A. Yes.
Q. And there you found the things, after he had gone so readily with you to his lodgings? - A. Yes.
GEORGE TAVERNER sworn.
I am footman to M. John Alnutt : I was called as a witness into the counting-house, when the prisoner was called up from the cellar; Mr. Harrison, the clerk, charged him with having robbed Mr. Allnutt, ever since he had been with him; he said he had not; Mr. Harrison asked him what that hamper was that he had packed up at his lodgings; he said, that had nothing to do with Mr. Allnutt, it was china; he repeated it again, at his lodgings, and said it was china.
I am a constable: I went to the prisoner's lodgings, and found a bottle underneath the bed; after that they wanted me to break the trunk open, which I did not do; we went to the counting-house and took the prisoner; we came back and unlocked the box, and found four bottles more and some papers.
Q. Look at these two papers, and see whether these were part of them? - A. These are two of the papers.
Q. Is there any person who has any interest? - A. No, not in the least.
A paper, being an inventory of the wines contained in the hamper was read.
Another paper read.
London, 23d Nov. 1795.
"Your letter of the 4th current duly came"to hand, and I am glad to hear of your well"being; I have shipped on board the Thames,"Captain Pottinger , for Carroon, one chest of"tea, two pounds of black pepper, and a"small hamper for you. The contents is a"sample of the liquors I have the charge of,"and I have a right to a sample of all the dif-"ferent casks that comes to us."
I am clerk at the Glasgow wharf; I know the prisoner at the bar; he came to our wharf, upon the 16th of November, with a basket directed for Mrs. Taylor, Glasgow.
Q. Be so good as to look at that basket, and see if that is the thing he brought? - A. That is the basket.
Q. Is it the same direction? - A. Yes; Mrs. Taylor, Drygate Brigde, Glasgow. Glass,C. Macnab, Grange Mouth.
Q. Upon any enquiry made by Mr. Allnutt, did you deliver them that basket? - A. I delivered that basket upon their orders.
Q. You have a great many persons come to your wharf? - A Yes.
Q. And a great many persons employ your master, of course? - A. Yes.
Q. Do you mean to recollect every person that comes? - A. No, but I recollect the prisoner.
Q. You never had seen this man before, nor never knew him before? - A. No.
Q. And yet you take upon yourself to recollect this man? - A. I do.
Q. Is there any thing particular about him that made you suspect him to be the man? - A. He appeared in the same dress, as near as possible.
Q. That dress is not an uncommon dress, is it? - A. No.
Q. You have been before the magistrate, have you not, and the grand jury? - A. I have.
Q. You know you are come here to speak to the person of the man; upon your oath have you any other knowledge of the person of the man than you would have of any other person that came to your wharf? - A. No.
Q. And yet you take upon you positively to swear to this man? - A. I do.
Q. Though there is nothing particular about him, you swear he is the man? - A. Yes.
Jury. Q. I believe you always, at the wharfs, enter the name of the person they come from? - A. Yes.
Q. In whose name was it entered? - A. Peter Chalmers.
Mr. Knapp. Q. You have not your books here? - A. No.
Mr. Knowlys to Harrison. You said that paper was the hand-writing of the prisoner? - A. Yes.
Q. You found it in the basket? - A. Yes.
Q. That is a list of the contents of the basket? - A. Yes.
Q. Are they articles your master deals in? - A. Yes.(It is read; the counterpart of the other paper.)
Q. You found a bottle of rum? - A. Yes; there were labels upon all the bottles, describing what they contained, in the prisoner's handwriting.
Jury. There was no private mark to the bottles? - A. No.
Mr. Knowlys. Q. Is it customary for you to allow the coopers to take samples for their own use? - A. By no means.
Court. Q. When the casks come into your cellars, is any drawn off for tasting? - A. No; it sometimes happens that we taste it, by taking a glass.
Q. Had you the curiosity to taste any of this wine? - A. No, not the wine.
Q. The spirits? - A. No.
Q. Not this afternoon, I suppose? - A. No, not at all.
Evidence for the prisoner.
I knew the prisoner at Glasgow; I heard him say he had a hamper of rum to send to Glasgow, with some other things; I have known him between five and six years; it is near two years since I saw him; at that time he bore a very good character; he lived with a very respectable gentleman, the chief magistrate of the place.
I know the prisoner; he lodged in Barking church-yard, at Mrs. Fleming's: I know he had a hamper full of bottles before he went to Mr. Fleming's.
Q. You don't know what those bottles contained? - A. No; I have known him six or seven years; he always bore a very good character.
Cross-examined by Mr. Knowlys. Q. Did you go with him to Mrs. Fleming's? - A. No.
Q. You only saw one? - A. Yes, I saw the hamper full at the Twelve Bells.
Q. Did you go to see him at Mrs. Fleming's? - A. Yes.
Q. You had a good deal of wine then, I suppose? - A. A glass of wine and a glass of rum.
Q. How many more friends might he have there? - A. Two others.
Q. Was there any direction upon this hamper? - A. No.
I live with Mr. Pepys, in the Poultry; I have known the prisoner four years; his character have been most unimpeachable all that time.
Jury. Q. Where did he live before he came to Mr. Allnutt's? - A. Mr. Lamb, in New-bond-street; he fells effence of spruce.
Q. He is not in the wine trade? - A. Not that I know of.
Q. Did you ever see him at this woman's? - A. Yes, I carried him a cork-screw that I made for him.
Q. Did you have any thing to drink with him? - A. Yes, a glass of rum, that, he said, was for his sea store; I went with the last witness.
I do not know the prisoner; Mr. Harrison came to a shop to enquire for one Pagett, to ask for a watch that belonged to the prisoner; and then he asked for a seal, and the man said he had not seal with the watch when he had it from him, and he gave him the watch into his hand; and he afterwards laid down the watch on the counter, and asked him if he could swear to the property, he said, he could not; if he could, we will hang the villain.
Court. Q. You know nothing of either of the parties? - A. No.
Pagett. I was present at the conversation between the last witness and Mr. Harrison; and more that that, he said, they had transported one porter, and hanged another, and they would hang him; I thought it was all a piece of spite and malice.
Prisoner. I know that this is all malice against me, and I am innocent: this man in particular, the porter, told me, I had a right to sell all the beer bottles in the vaults; he wanted me to sell them and give Mr. Allnutt half the money; there was scarce a day but they were trying to bring me into a scrape; I told Mr. Harrison so, and he cannot deny that I told him of these circumstances.
GUILTY . (Aged 30.)
Tried by the London Jury, before Mr. COMMON SERJEANT.
I am a haberdasher : On the 14th of Nov. last, I observed the prisoner take from a drawer, before her, some black ribbon, and put it in her pocket; she came to buy some ribbon; I desired her to go up stairs, for I wanted to speak to her; I then charged her with taking some black ribbon; she immediately took it out of her pocket, and begged I would forgive her; I told her it was necessary she should be searched, and I sent for a constable; she was searched by one of our servants; nothing else was found upon her: she was taken before the Lord Mayor; I entreated him to let her go, but he refused.
Q. Is this your sole property? - A. No, it is mine, and my partner's, Mr. William Holland.
I was in the shop when the prisoner came in; she was in the shop about five minutes; Mr. Lansear called me, and told me he had seen her take for a ribbon; he took her up stairs, and I followed them; she gave him the ribbon, and said, she had given up all she had taken; she hoped he would forgive her.
Prisoner's defence. I went into the shop for some ribbon; he asked me 6d. a yard, and I thought it was too much; I put my hand in the
GUILTY . (Aged 40.)
Fined 1s. and discharged.
37. ANN TRACEY , PETER TRACEY , and MARY BROWN , were indicted for that they, in and upon William Whitnell , did make an assault in the dwelling-house of the said Ann Tracey , putting him in fear, and taking from his person, and against his will, a man's hat, value 6s. a linen apron, value 4d. six cups and saucers, value 1s. 6d. an iron shovel, value 1s. and a tinder-box, value 6d. the property of the said William Whitnell, November 9 .
(The witnesses were examined apart at the request of the prisoners).
On Monday the 9th of November, about five o'clock, I had been to Ratcliffe; coming through Shadwell I bought some cups and saucers, an iron shovel, and a tinder-box; I then went to my brother's, at the Excise-office, Shadwell; I had the things in an apron before me; I was coming past the bottom of Saltpetre-bank; I saw Mary Brown and another girl, who asked me to go with them and give them something to drink; I turned round, and asked where she was going; she said she had an apartment at Mrs. Tracey's, No. 8, Saltpetre-bank, in the parish of Whitechapel ; I went with her, and she took me up two-pair-of-stairs; Mrs. Tracey, the prisoner, followed me up stairs; she came up, and wanted some money to get something to drink; I gave her a shilling, and she demanded 1s. more for the room; I had the fire-shovel and tinder-box in my hand, at that time, and the cups and saucers; she took the tinder-box out of my hand, and said, it would do for her; I told her I should not part with it; then she went and got a shilling's-worth of tent and brandy; I gave the prisoner Brown 1s.; I went down stairs, and Mary Brown took the shovel; I took the cups and faucers down, and she laid the shovel by the side of the fire; I went and sat down on a stool, at the fire side; they wanted me to send for more liquor; I told them I would not; then I asked for my things, to go; I had laid my cups and saucers on my right hand side, in my apron, by the side of the stool; meanwhile, Mrs. Tracey had sent for a pot of beer; the beer was brought in, and she wanted me to pay for it; I would not, and she paid for it herself; I took up my shovel from the fire side, and asked for my tinder-box, to go; Brown caught hold of my shovel with both her hands; she pulled it from me, and said, Damn your eyes, pay for this pot of beer; then she struck me in the face twice; knocked off my hat, and then that boy, Peter Tracey , the son of the other prisoner, stood behind, and he caught up the poker, and struck me on the head twice with it; it stunned me at first, and the blood run very much down my face and eyes; and as he was going to strike me again, I saw the blow coming, and caught it on my arm; I was sitting upon the stool at this time, and then I jumped up, to get out, if I could; Mrs. Tracey and Mary Brown were both upon me, beating me; there were several others in the room; they were there when I went in; there were five or six of them, all women, but the boy; they all assisted when I jumped up; some of them had hold of my hair; I gave myself a throw round; I thought I should have been killed; and in the scuffle I threw down Mrs. Tracey and three or four more of them; they pulled me down with them, in the fall; then, seeing the door open, I got away from them, leaving my things behind; the blood ran down into my bosom; as soon as I got out, I enquired for an officer, and I got Mr. Adshead; he went along with me; when we came there, they were all in the house still; I saw my tinder-box over the fire place, and the apron lying in a chair; but the cups and sancers were taken out; he was afraid to do any thing with them, and he went away to the Office to get a warrant; but the magistrates were gone; we went to a public-house and found another officer, John Halsey ; then we came down to Mrs. Tracey's again, and they were fiddling; the two officers thought they could do nothing with them; Halsey went away and got another officer; Philip Coates , and then we took them away; Mrs. Tracer
Q. Are you sure she was in the house? - A. Yes.
Q. Were you pretty sober when you went in? - A. I had been drinking, but was not disguised in liquor, or I should not have got out alive; four or five of us had drank four or five pots of beer.
Q. Was it a bad wound you received? - A. Yes; it is hardly well now.
Prisoner Ann Tracey. - Q. Upon your oath was I in the house when you first went in? - A. Yes; she was in the bottom floor.
Prisoner. - I dont want to ask him any other question; if he swears that, he will swear any thing, because I was on board a tender at the time.
I am headborough for St. Mary's, Whitechapel; On Monday night, Lord Mayor's day, the prosecutor came to my house, beleeding in a sad condition, without a hat; he said, he had been very ill-treated and robbed; he desired I would go with him to Saltpetre-bank; I went with him; the door was shut; after some time they opened the door; there were several women in the room; I asked him which of them had been ill-treating him.
Court. - Q. Did you ask him that question loud enough for them to hear? - A. Yes; he pointed to Mary Brown , and said, she was one, the boy was another; that the boy struck him on the head with the poker; I asked them where the property was; some of them said, they knew nothing of it; I cannot say who it was; I saw a tinder-box on the mantle-piece; he said, that was his; I saw a linen apron lying on a chair loose; he said, that was his; I went over the house, but I could see nothing of the property; he said, there was another woman, Ann Tracey, mistress of the place, who was pot there then; after that, I took him away, and we went for assistance.
Q. You did not think it safe to venture yourself there? - A. I thought it a very unsafe place; I fetched John Halsey ; and he, and I, and the prosecutor, went together; when we came there, they were singing and dancing; Ann Tracey was there then; he said, that she was one of the women that ill used him; we searched the house, but could find no more of the property; the tinder-box was then missing; the apron was there; the old woman, Ann Tracey, would not come with us, she was very reluctant; I left John Halsey there. while I went to fetch other assistance; I fetched Philip Coates; we went to the house and took the three prisoners to the watch house.
Prisoner Ann Tracey. - Q. Was I in the house when you first went in? - A. No.
Q. Was my child in the house? - A. Yes.
Court. - Q. Was the prosecutor perfectly sober? - A. No, not perfectly so; he appeared as if he had been drinking; he had no hat on; he bled very much; his shirt was dyed in blood.
On Lord Mayor's day I was sent for to Mrs. Tracey's, to assist in apprehending the prisoners.
Q. Did you see the prosecutor? - A. Yes; his head was running down very much with blood; he said, if he had not made his escape, he should have been murdered.
Q. But what reply did they make to his saying, if he had not made his escape, he should have been murdered? - A. They made no reply.
Prisoner Ann Tracey. - Q. Was I in the house when you came in? - Yes, sitting by the fire, and the other two prisoners and five or six other women.
On the 9th of November I went along with Adshead, the other headborough, to Mrs. Tracey's, in Saltpetre-bank.
Q. Did you find the prisoner Ann Tracey there? - A. Yes; she was in the house, above stairs; there was a man playing upon the fiddle, and there might be six or seven women.
Q. What condition was he in? - A. His face and the frill of his shirt was dyed in blood; I asked him, who we were to take charge of; he pointed to the prisoners; I told them they must go along with us; Mrs. Tracey said, she would not go out of her own house; she said, I might take her word till the morning; I refused.
Q. You know her? - A. I live close by her
Q. What is she? - A. I believe it is a disorderly house that she keeps, and we took her before a justice.
Prisoner Ann Tracey's defence. - I was not in my house from two o'clock till within about half an hour of eight; I had been on board a tender; as I was coming home, a neighbour called me into the White Swan; somebody came in, and said, Mrs. Tracey, there is such a fight at your house, I cannot think what is the matter; I immediately went out, the man had a fire-shovel in his hand, and he knocked me down; that did not satisf him, but he caught me by the hair, put his foot upon my breast, and off went my cap, and tore my hair; my child said, you are a bad man, don't tear my poor mammy so; upon that, the house filled, and they got quarrelling; I asked them if they could get the sense of it; I asked the prosecutor, what was the matter; and if I could make peace, I was willing to do it; with that he knocked me down again; and what passed afterwards I don't know; I told him I had kept the house many years, and never had a row in it before; Coates took me up, beat me severely all the way to the watch-house; he tore me to pieces, and threw me into a dark dungeon, and would not let me have any thing to eat.
Prisoner Brown's defence. - Mrs. Tracey was not in the house when he came in; I was sitting in doors by the fire side, and he came in and began to pull me about in a scandalous manner; he struck me, and I struck him again; I did not see his cups and faucers; his apron and tinder-box he put upon the table by him.
Ann Tracey, GUILTY . Death . (Aged 33.)
Tried by the first Middlesex Jury, before Mrs. Justice GROSE.
I am a sea-faring man : The prisoner at the bar picked me up last Sunday was fortnight, about nine o'clock at night, in East Smithfield; I went home with her; it was a house where there are a number of women lodge; I went into a room with her; there was nobody else in the room; we both undressed and went to bed; I was a sober as I am now; I did not go to sleep; I was not a minute in bed; she took the trowsers from under my head, and swallowed my money.
Q. Did you make any objection to that? - A. No; I did not feel her take them; the money was tied up in a paper, and she took the money out of the paper; she swallowed six, but could not swallow the seventh; it had liked to have choaked her; I haad thirteen guineas altogether.
Q. Are you sure she swallowed them? - A. Yes; I am sure of it; I took one out of her mouth; she threw the rest upon the bed, and then griped it in her hand; and I took it from her; I lost six guineas, and recovered seven; I told her she should not go out of the house till the watchman came; I called the watchman.
Q. Was she undressed when you took your money? - A. Yes; it was about half an hour from the time she undressed till I called the watchman.
DEBORAH GOODWIN sworn.
The prisoner lodged in my house about a fortnight; I work very hard for my living; I
Elcanor Hall corroborated the evidence of the last witness.
I am a watch-house keeper; The prosecutor and a watchman brought the prisoner to the watch-house, and charged her with robbing him of six guineas, that she swallowed them, and was almost choaked; he said he took one guinea out of her mouth; he said he had thirteen at first, and he took the rest out of her hand, except one guinea that he found upon the shelf afterwards; I searched her and the rooms, but could not find any gold, only 5s. 6d. in silver; which I gave her back again, when I came back from searching the room; the other watch house keeper told me he knew my labour had been in vain; for she told him she had swallowed it.
Prisoner's defence. The prosecutor met me, and said he knew me at Liverpool; I came from Ireland, and he named several people that I knew very well at Liverpool; he asked me where I lodged, and he walked home with me, and the kitchen being dirty I asked the woman in the house for a candle, and took him up stairs; he sat down on the bed, and talked about people at Liverpool; and he wanted to behave in a very indelicate manner; he sent the poor woman for a pot of beer, and put a guinea upon the table to relieve her, being distressed; and while she was gone for the beer he used me very ill, and tore my cloaths to pieces, till I was almost naked; and I took up the guinea and said, that was the least he could give me for tearing my cloaths to pieces; and he said if I did not go to bed with him he would cut my head off.
Not GUILTY .
Tried by the second Middlesex Jury, before Mr. RECORDER.
39. WILLIAM OWENS was indicted for burglariously breaking and entering the dwelling-house of Charles Churchill , on the 27th of November , about the hour of nine in the night, and burglariously stealing therein a box cloth coat, value 3l. a surtout cloath coat, value 1l. a pair of shag breeches, value 10s. a pair of corderoy breeches, value 6s. a sustian jacket, value 1l. and a cloth jacket, value 3s. the property of Charles Churchill; a great coat, value 10s. the property of Richard Goodlake .
I am coachman to Charles Churchill, Esq. On the 27th of November, at nine o'clock at night, I lost the goods mentioned in the indictment from my room, over the coach-house and stables, and they are all my master's property; and I lost a cloth cloak of my wife's; they were all removed from my room over the coach-house down into the stable; I had pulled off some of them and left them there, at three o'clock, when my wife and I went out; when we returned, about ten minutes after nine, I saw the prisoner coming out of the stable with a lighted candle in his hand.
Q. Had you ever seen him before? - A. No; I laid hold of him by the collar, and charged him with robbing the stables; he said, the man that had run away (for there were two of them) had desired him to hold the candle while he tied up some things; I called the watchman, and he threw away the candle; I gave the watchman charge of him, and went into the stable, where I found the box-coat and the other things tied up in a bundle, in the first stall of the stable; as we were going to the watch-house, somebody said, it was an Old Bailey job; no, says the prisoner, I know better than that, for there is no locks broke: I locked the door when I went out, and I found it open when I came back; I don't know whether it was opened with a picklock, or what, for the locks were not broke.
Court. Q. Had the prisoner been used to work in the stables? - A. No, he was not a stableman.
Prisoner. Q. Did you see me come from the stable door; was not I five yards off from the stable? - A. I saw you come out at the stable door, and my wife saw you at the same time.
Court. Q. Where does Mr. Churchill live? - A. In Lower Grosvenor-street; there is a road from the house to the stable.
Court. Q. So that you can get to the stables from the house? - A. Yes; there is only a little garden between the house and the stables; the room that I live in is over the coach-house.
I am a watchman; I saw the prisoner come out of Mr. Churchill's stable door, on the 27th of November, at nine o'clock, with a candle in his hand; I never saw him before; I took him into custody; the coachman met the prisoner within three or four yards of the stable door; I was about fourteen yards off; he called me, and gave him into my charge.
Prisoner. He says it was nine o'clock, and the coachman said ten minutes past nine.
Witness. It was going past nine at the time.
Prisoner's defence. I am a bricklayer; I was coming through Park-lane, and I saw a man taking in some bricks; he asked me if I wanted a job; I told him I did; that I was looking out for a job; and he hired me to take in the bricks; when I had done work, I was going home, and saw a man in livery standing at a stable door, who asked me to hold a candle while he tied up a bundle; this man then came up, and the man run away; I asked him where he was going, he said he was going to order a pot of beer for Joe; and then this man took me up and put me in the watch-house.
GUILTY , Death . (Aged 17.)
Tried by the second Middlesex Jury, before Mr. Baron PERRYN.
40. MARY THORPE was indicted for felonionusly stealing ten pieces of gold coin, called guineas, five shillings in money, and two hundred and forty copper halfpence, value 10s. the property of Charles Frederick Whenlandt , in his dwelling-house , Nov. 22d .
I am a publican , in Cross-street; Holborn ; the prisoner was my servant : On Monday, the 23d of November, I discovered that she had robbed me: On Sunday, in the forenoon, I counted my money that was in a chest in the apartment where I slept; I had thirty guineas in a leather purse, and 30s. in silver, all shillings, in a little purse, in a bye drawer, and I had exactly 10l. in halfpence, made up in 5s. papers; I had another little drawer, where I had some packed up in 20s. papers; but I don't know how much there was of that: On Sunday afternoon a man came to the bar for change for a guinea; I had not enough; I asked my wife for the key, and she said the girl was up stairs, cleaning the room; I took my key out of my pocket and opened the drawers where the money was; the girl saw me taking out some money; she saw me take out one of these 20s. papers; I put the key at the top of the drawer for the purpose of counting this money, to see whether it was 20s. I went down in a hurry, and left the key upon the chest in a mistake; I forgot myself; I went down stairs, and did not recollect the key till a man came in for change for another guinea, about an hour, or an hour and a half after; I felt in my pocket for the key, which I always carried on the right side of my breeches; I immediately recollected I had left the key upon the chest; the room door was locked, I opened it, and as soon as I opened it there lay the key, at the top of the chest, as I had left it; I opened the chest, and took 20s. more out, I locked the door of the chest, and the door of the room; I had no thoughts of the girl taking any of the money; I had no notion she had robbed me; I was rather busy; I did not go up stairs till we went to bed; I happened to be unwell; next morning I made my wife get up before me; when the brewers came, early in the morning, they waked me; I recollected I had put up thirty guineas, having to pay my brewer; I opened the chest, and counted my money immediately; the first thing I did was to count the gold, and I threw it down upon the table, and there was only twenty guineas in it instead of thirty; I opened a little bag that had thirty
Court. Q. Did she say how much money there was? - A. Yes; she said she took 5s. of silver, she mentioned the halfpence, and as for the gold, she said she took a piece of paper off the table, and put it on the floor, and took out of a purse some guineas; she did not know how many; she put the guineas into a piece of paper, lapped it up, and gave it to a woman in St. Giles's.
Court. Q. Did you take the prisoner with you to this woman in St. Giles's? - A. Yes; when we came to the place where she said the women lived, we could not find the woman; we took her then to Bow-street; and when she came there, she said she had robbed me of my money; On the Sunday evening she was sent out for pots, and came home very much in liquor, and my wife was obliged to put her to bed.
One of the Jury. Q. Did she ever return you any part of the money? - A. No.
Court. Q. And you afterwards opened the chamber door; how came you by the key? - A. She came down and brought the key to the bar.
Q. Had any body been in the room between the time you left it and the time she brought you the key? - A. Nobody.
Q. How long after you had been in the room was it before she brought you the key? - A. To the best of my recollection, about half an hour.
Q. Nobody had been in the room before you went to bed? - A. No, for I had the key.
My neighbour sent for me, and begged I would walk up into his room, for that his girl had robbed him; I asked the girl what she had done, and she told me immediately she was sorry for what she had done; she told me she took 5s. in silver, and 10s. in halfpence, in two papers of 5s. each; and she said she was in such a fright, that she took the key from the desk where her master had left it; and that she opened his desk, and for fear her master or mistress should come up, she had not time to reckon it till she got under the arch-way, in a place called Star-court, and then she found she had ten guineas in gold, in a piece of paper; she wrapped them up and put them in her bosom; she said, she did not know how many halfpence she had till she went over the way to the girls she was acquainted with; she went for some anniseed and gin with some of the halfpence, and got herself drunk; she said she found 5s. in the paper.
I am a constable; On Monday, the 23d of November, I was sent for to take the prisoner in custody; when I came, she was up in the bed-room; they gave me charge of her, for robbing them of ten guineas; she told me that she gave the money to one Mrs. Sullivan, in New-street, St. Giles's; I told her I would go with her, if she would shew me the way, and, instead of taking me to New-street, she took me into a house in Church-lane, and said she did not know Mrs. Sullivan; upon that I took her before the magistrate.
Q. You never found the money? - A. No: Upon the second hearing, said she gave it to one William Freeman ; I was ordered to take William Freeman into custody, which I did, and he was discharged afterwards, there was nothing made out against him.
Prisoner's defence. My Lord, I was making my master's bed, and my master happened to come up stairs for some money to his drawer;
GUILTY . Death . (Aged 14.)
The prisoner was recommended to mercy on account of her youth.
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
41. STEPHEN BROAD was indicted for feloniously stealing four wooden bobbins, value 1d. an ounce of black silk, value 12d. an ounce of white silk, value 12d. the property of Thomas Cromwell , Nov. 28th .
On the 28th of November I lost four bobbins of silk, out of my shop, not more than four or five ounces; the prisoner confessed in my house he had taken them; I made use of no threats to induce him to confess, nor any promise of favour; he said it was the first time, and hoped I would be favourable; he said, he took it to make a little money of.
Prisoner. I took it to make a lace for my sister.
Prosecutor. It is not at all adapted for that purpose.
I am brother to the prosecutor; I transact business for him; I had a suspicion of the prisoner, and last Sunday, as he was going to dinner, I charged him with having silk about him; he denied it at first, but at last he pulled out four bobbins, one at a time; upon that, I detained him, and sent for a constable; and he was taken before a justice, and committed; I gave the bobbins to Francis Williams, who was employed by my brother.
I was present in Mr. Cromwell's warehouse when the last witness charged the prisoner with having taken silk; he denied it at first, and said, we might search him, if we pleased; I said, we did not wish that, but, in order to clear himself, if he was innocent, he could have no objection to turn out his pockets; and he then took these bobbins out of his pocket; these are the same, I have had them ever since.
Prosecutor. - These are my property; I know them by the silk, and by two of the bobbins, which are made of wood, not at all adapted to the purpose.
Prisoner's defence. - I took them to make a lace for my sister's cloak; I never took any before in my life.
GUILTY . (Aged 21.)
Tried by the second Middlesex Jury, before Mr. Baron PERRYN.
The prisoner lodged at my house; I slept with him; Last Friday week I missed my waistcoat at night; I had seen it in the morning; I was informed he was gone to Shepherd's-bush; I went and found him with the waistcoat on.
Prisoner's defence. - I went to look after work; it was a very cold morning, and I put it on, intending to bring it back the next morning.
GUILTY . (Aged 16.)
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
THOMAS WINTON was indicted for feloniously stealing a silver table-spoon, value 9s. and a silver salt-holder, value 3s. the property of William Goodall , Nov. 23 .
I keep the Ram-inn, Smithfield : I lost a silver table-spoon and salt-holder on the 23d of November, about one o'clock; the prisoner came into a back parlour, and asked if he could be accommodated with a glass of porter; he was shewn into a room; I saw a table-spoon lying close before him; he drank his porter, and as he went out, he said, I have paid the young man for the beer; and away he walked; I missed the spoon immediately, and ran after him; I saw him turn to the right hand, towards Chick-lane; he had got about forty yards from my house before I overtook him; I cried, stop thief; nobody offered to stop him; I took him myself, and brought him back into the same room; I charged him with taking the spoon, and he immediately took the spoon and saltholder out of his pocket, and begged for mercy; we had him before the magistrate; I know nothing of him; I have heard that his parents are poor people.
I am a constable: (produces the spoon and saltholder); I received these things from Mr. Goodall, they have been in my possession ever since.
Goodall. - These are mine; they have my initials on them, and also the initials of the person who kept the house before me.
Prisoner's defence. - What the gentleman has said, that I called for a glass of beer, is just; but I did not take the things.(The prisoner called six witnesses, who had known him many years, and gave him a good character.
GUILTY . (Aged 27.)
Tried by the London Jury, before Mr. COMMON SERJEANT.
I live at No. 100, Holborn-hill ; Mr. Raith lives at No. 99; he is a linen-draper ; I saw the prisoner about five o'clock, about five or six weeks ago, in company with another, pull down this piece of linen; I saw him tug at it two or three times before he got it down; it was hanging outside the shop door, loose for shew; as soon as I saw him take it down, I laid hold of him by the slap of the coat; the other got from me; the prisoner went down on his knees, and said he hoped they would not do any thing to him; he was very willing to go for a soldier or a sailor; I took him to the office in Hatton-garden; he was never out of my sight.
I am a perfumer; I live three doors from Mr. Raith's: It was on a Tuesday, I think, the 3d of November, I am not very sure; I heard a cry of stop thief; and I saw something drop, which I took, from the darkness of the night, to be a sack, but upon looking at it, I found it to be linen; the last witness had got hold of the prisoner, upon St. Andrew's steps; he had a difficult matter to keep hold of him; he went down upon his knees, and said, he hoped they would only send him to sea, and he said the same at the Police-office; the magistrate told him, if he would give up his accomplice, he would try to favour him, and he should go to sea; and I believe he did give some direction, but the man was not found.
I am a linen-draper, on Holborn-hill; I heard a cry of stop thief; I went out and found the prisoner scuffling with Austin, who has had the property ever since (it is produced in court); this is my property; the prisoner wished to go to sea when he was taken.
On his cross-examination, he said, that his house was the first out of the city; that he knew the linen by its having one of his men's hand-writing upon it; it is worth 10s.
I am servant to Mr. Raith; I hung this
Prisoner. - I leave my defence to my counsel.
GUILTY . (Aged 21.)
Tried by the second Middlesex Jury, before Mr. RECORDER.
45. JANE HUTTON , MARY ASH , and MARGARET ALFORD , were indicted, the two first for that they, on the 2d of Nov . in the dwelling-house of Thomas Croker , did make an assault upon Henry Seymour , putting him in fear, and taking from his person a silver watch, value 42s. the property of the said Henry; and the other for feloniously receiving the said watch, well knowing it to have been stolen .
HENRY SEYMOUR sworn.
I keep the White-horse livery stables at Mile-end: On the 2d of November I was going home from Spitalfields; in the back part of Court-street , the two prisoners, Hutton and Ash, were standing at a door; they desired me to give them something to drink; finding I had got into such company, I desired them to go and get something; I did not go into the house.
Q. What did you mean, by saying, finding you had got into such company? - A. To get clear of them.
Q.Why, you were not in the house? - A. No; but it is a back way; it was the nighest way for me; I sent for some rum, across the way, to the public-house, and ordered them to bring change for half-a-guinea; when they brought it, I would not pay for it, and the landlady took it back again.
Q. How came you to refuse to pay for it? - A. I was doubtful of getting my change again; the prisoner Hutton then knocked me down into the entry; I was shoved right back wards against the stair-case, and Mary Ash took my watch from me; before I could get up, I felt my watch go from me; I immediately holloa'd out, watch, and they run off; we pursued them, and caught them in about ten minutes, or a quarter of an hour.
Q. This was a dark place? - A. Yes; it was about half past ten at night; I could swear to the prisoners by their voices; there was no chance of making their escape.
Q. Did you lose any money? - A. I don't lay any money to them.
Q. Are you sure one of the women took your watch? - A. As I lay down in the entry I felt my watch go from me; I cried out as soon as I could.
Cross-examined by Mr. Ally. - Q. Where had you been spending the evening? - A. In Fleet-market.
Q. You had been drinking a good deal? - A. Not so much but I knew what I was about.
Q. Will you swear you were perfectly sober? - A. I will not; I was not so far intoxicated but I knew what was done.
Q. Do you mean, situated as you were, to swear to these girls? - A. I have swore to them.
Q. Did any thing pass between you and these girls in the entry? - A. No.
Q. Did you find the watch when the girls were taken? - A. No; I believe they confessed what they had done with it.
I am a rope-maker: On Monday evening I was sitting drinking with a young man at the Court-house, in Court-street, Whitechapel; we heard a cry of watch; we ran out, and saw Henry Seymour standing up against the doorpost of the house where he was robbed; I believe it belonged to one Mr. Croker; but was lett out in tenements; there is one common passage to the tenements; when we came up to him, he said, he was robbed of his watch; the instant that he said so, out came two women, and one of them struck him on some part of the face or head; and, I believe, he fell down; but I cannot say whether he did or not, as I was looking another way at the time; I did not know whether we could take them into custody without a watchman, or an officer; they ran up the hill, and down Duke-street,Jane Hutton and Mary Ash , and there we gave charge of them to the watch; we took them to Mrs. Alford's house, and there Jane Hutton ran away from us; the watchman and I and George Cox followed her and caught her just by her own door, and we took them to the watch-house, and had them searched; the property was not found about them; the next day we went to the justice's; he committed them, and bid us try to find where the watch was; I had a suspicion that Mrs. Alford had the watch in her possession; we took an officer down to Mrs. Alford's that night, and we talked to her a long while; at last she said, she had seen the girls put the watch in a place under the dust hole, in the yard; we said, we heard she had got it; she said, she had not got it, she knew nothing about it; I said, it was a pity, whoever had the watch, that they would not deliver it up; she said, she was sitting in the tap-room, and saw the girls put it under some stairs that goes up to the jury-room.
Q. How long after was it that she said that? - A. Not long; about an hour; we searched there for about an hour, and left the place with the brick bats and every thing out; we could not find it; an officer went with me again in the morning, and she said she was certain it was put there; we searched, and found it in the place where she said it was the evening before.
Cross-examined by Mr. Ally. - Q. You told Mrs. Alford, that the gentleman had lost his watch? - A. Yes; and she said, she stood in the tap-room, and saw the girls put it there.
Q. It was the next day that you found it; so that there was sufficient time, if Mrs. Alford had it, to have disposed of it? - A. Yes.
Q. Mrs. Alford was not committed till the last examination? - A. No.
Court to Seymour. - Q. When you halloa'd out watch, did Allen and Cox come to you? - A. Yes; and one of the girls knocked me down just as they as they came up.
Q. Did they strike you a second time? - A. Yes; and they pursued the girl.
Q. Had they retired into the house when they took the watch? - A. Yes; they ran past me out of the house, as I was getting up.
Q. How long did they stay in the house? - A. There was hardly time enough for me to get up, before they went out.
I was in the Court-house, drinking: About half past ten, as nigh as I can recollect, the prosecutor, Seymour, holloa'd out watch; I said to the other young man, let us go and see what is the matter; Mrs. Alford said, you have no business to go out, keep within doors; I said, I would go out, the other young man followed me; we went up to Seymour, and I knew him directly, and said, what is the matter, Mr. Seymour, what do you do here; he said, I am robbed of my watch; and just as he spoke the words, the two girls came out; Jane Hutton made use of ill language, struck him in the face, and knocked him down; I took him up, and left him against the door-post, in the mean time they went down Court-street, and Allen and I followed them; they ran down the road, met two watchmen, and went into the Queen's-head, the corner of Ducking-pond-lane, to drink, and one of them came out again; we both stood at the door, and she said, young fellows, come in and have something to drink; hush it up, she said, to us, and never mind drawing a man out of four or five shillings.
Q. How came she to say that? - A. I don't know.
Q. Had there been any conversation about it? - A. I told them I knew the man, as they
Q. Had any thing passed before Mrs. Alford relating to this robbery? - A. No; nothing passed but her going with half a pint of rum, with the two girls, to Henry Seymour ; she came back in the course of two or three minutes, and brought the liquor back again.
Q. At the time you had got back into the house, and the women were there, was there any conversation about the man losing his watch? - A. No; but she was with them on the stairs; I fetched the watchman, and brought him to the public-house; Henry Seymour got to the house by that time, and gave charge of them; the girls wanted to get away, and the little one, Jane Hutton , made a great disturbance; she struck the man, and struck me, and told the watchman she would not go with us, and ran away; we went after her and brought her to the public-house again; we found the other standing there; she said she knew nothing of it, she would not run away; they were committed that night; the next day Allen and I came down to Mrs. Alford's.
Q. You were sitting in this house before Seymour cried out murder? - A. Yes; they came and ordered half a pint of rum and change for half-a-guinea; Mrs. Alford went out with them, and came back with the rum and change again; she said, the man had not got any money to pay for it.
Q. Those girls came and ordered rum, and she went with it? - A. Yes.
On the 2d of November, the two prisoners, Hutton and Ash, were brought to me at the watch-house, and I was given charge of them; Seymour said, he had lost his watch; I searched the women, and found nothing on them, but two or three shillings; the next day, after the women were committed, I went to Mrs. Alford's, on the Tuesday afternoon; I told her I understood Mr. Seymour had lost his watch, and she knew something about it; she denied knowing any thing about it for a good while; at last she said, she had got the watch, and would deliver it to the man, if she should get into no trouble about it; she said, if I sent for the man it belonged to, she would give it him; I agreed to send for the man, and when he came, she said, she knew nothing at all of it, for a good while again; some time after, she said, if I would go and look in the dust-hole, under the stairs, I should find the watch under a flag-stone; Cox and Allen were with me; I pulled off my coat, got into the place, and pulled all the things and dirt out; for about an hour I could find nothing of it; I their went in and told her she was making a fool of me, it was not there; I went back again, after some persuasion, and dug the place, and there was no such thing as a watch there.
Q. Did you see it when it was found? - A. Yes; the next day, Wednesday.
Q. Did you look for the watch in the place where it was afterwards found? - A. Yes; and I am consident it was not there any of the times that I searched the place.
Cross-examined by Mr. Ally. - Q. This was a pretty large place? - A. Yes.
Q. And there was a great deal of dirt? - A. I threw out two or three bushels; I am sure the watch was not there.
I went in company with Fordum, on Wednesday, November 4, to Mrs. Alford's house; I called her on one side, and asked her, if she knew any thing of the watch that had been stole; she said, no, she had not got it; but if they looked under the place that she told them before, she believed they would find the watch; upon that, we all went out into the yard, and underneath the stairs of the Court-room, she
(The watch was produced in court, and deposed to by the prosecutor).
Griffiths. - I took Mrs. Alford into custody, and the next day she was admitted to bail.
Mr. Ally. - How many days was it from the time of the robbery, that she was admitted to bail? - A. She was admitted to bail on the Thurday.
My mother and I lodge in Mrs. Alford's house; she keeps a public-house; she came up to our room, on Tuesday morning, for her pots; my mother and I had been discoursing about the women being taken up; when she came up stairs, I said, it was a pity, if the poor girls had got the watch, that they did not give it up, and then they would get clear; Mrs. Alford told me to hold my tongue, for she had got the watch, and she would not give it up.
Cross-examined by Mr. Aelly. Q. Do you mean to swear that Mrs. Alford said she had got the watch, and would not give it up? - A. Yes.
Q. What are you? - A. I take in needlework.
Q. Is that the only way you live? - A. It is.
Q. You did not search in the morning? - A. No; I took a candle with me every time I searched.
Q. Was it Tuesday afternoon that Mrs. Alford told you she knew nothing of the watch? - A. Yes.
ISABELLA PAUL sworn.
I am a mother of the last witness: Mrs. Alford came up to my room, on Tuesday morning, for the pots; I said, what was the matter among you last night, there was such a noise? she said something about a watch; I said, if they had got it, they had better give it up, and they would get clear of trouble; she stood and paused, and then I said, God bless us, it is a bad thing to be in trouble about a watch; Mrs. Alford said, I have got the watch, and I will take care of it; I said, Mrs. Alford, you have nothing to do with the watch, don't keep it within doors in your place at all; she said I have taken care of it; it is safe enough, I have got it out of doors under a flag-stone.
Cross-examined by Mr. Ally. Q. You are not on very good terms with Mrs. Alford? - A. I always wished her well.
Q. Have you never said you would transport Mrs. Alford for fourteen years? - A. No.
Q. If any body says you did, they will say that which is false? - A. Yes, to be sure.
Q. You have left the lodging? - A. Yes, immediately after.
Q. Do you know the prisoners? - A. No, I have seen them.
Jane Hutton 's defence. On Monday evening we were coming along Whitechapel; about half-past ten o'clock, we met Mr. Seymour; he was coming out of the Children-in-the-Wood; he stopped us, and said to a coachman who came along, I want to be drove to Drury-lane; he took the coachman to the Queen's-head, and called for a quartern of rum, and said he would have a quartern for himself; he afterwads insisted on going home with us, which he did; he was very much in liquor; he took his watch out of his pocket and bid me take care of it, which I did; I went over to this good woman's house, and taking out some money, I took out the watch; she said, what have you got there? I said, a watch that a young man gave me to take care of; she snatched it out of my hand, and put it in her pocket, and wanted me to hide myself among the butts.
Mary Alb's defence. I was left in the room; Jenny staid some time, and I went to see after her; she came out, and said, she would not be hid among the butts any longer.
Margaret Alford's defence. I never saw the
The prisoner, Alford, called four witnesses, who gave her a good character.
Hutton, GUILTY . Death . (Aged 33.)
Ash, GUILTY. Death. (Aged 42.)
Alford, GUILTY. (Aged 37.)
Tried by the second Middlesex Jury, before Mr. Justice GROSE.
46. WILLIAM TAYLOR was indicted for feloniously stealing thirty pounds weight of Spanish wool, value 50s. the property of Edward Hanson , John Hanson , Thomas Styles , and William Pearson , Nov. 28th .(The Case was opened by Mr. Knowlys.)
I am a warehouseman ; we have warehouses in Seething-lane, Crutched-friars ; the partners are, Edward Hanson , John Hanson , Tho. Styles, and William Pearson ; we have been in the habit of losing large quantities of Spanish wool from those warehouses; the prisoner has been in my service, on and off, some time; he was in my service at the time he was taken; he was employed in the warehouse the best part of that day; we have lost to the amount of two or 300l. in two years and a half, or three years; he has been in our service nearly the whole of that time.
On his cross-examination, he said, there is a warehouse in Hart-street, opposite Seething-lane, and another in Tower-street, that takes in Spanish wool; that they lock up the warehouse as soon as it is dark, except they are taking in goods; that it was locked up that evening about six o'clock; that he was there that evening about five or six o'clock, that he supposed the gate was shut that evening about half after five, or a quarter before six o'clock; that if a person had carried out a large parcel of wool at that time, he must have been observed; but that there are other ways of getting it out, through the windows that look into the street.
I am a constable, in the city; I know the prisoner; On last Thursday evening, the 28th, between five and six o'clock, I was in Crutched-friars; I saw the prisoner come out of Seething-lane, with a pack at his back; he was between a run and a walk; he went across the road into London-street, and up the steps into another London-street; I suspected by his running he had got something he had not come lawfully by; Charles Phillips and I followed him: In London-street I observed another man going close to him; they turned down Fenchurch-street, towards Whitechapel; at the corner of Jewry-street, Aldgate, the prisoner pitched the bundle on the post, the other man then came close up to him; I crossed them, and went across Jewry-street, that turns down to Crutched-friars; again the prisoner took up the bundle, and went down Jewry-street, towards Tower-hill; about half way down the man that was with him went up to him, and said something, what I could not hear; then they immediately crossed Jewry-street into George-street, that leads into the Minories; I was on the right-hand side of George-street, and the prisoner on the left; the man who was with him came on the right-hand side; I crossed him, and looked him full in the face; he then went off, and we saw no more of him; the prisoner then went down the Minories, and crossed into Swan-street, which leads into Prescot-street, Goodman's-fields, about half way down, there is a dyer's there; the prisoner slung the bundle down, and we came up to him, and asked him what he had there.
Q. Do you know whether he knew that you were following, before he threw the bundle down? - A. I cannot say; he said he had got a bundle that a person gave him at the corner of London-street, and he was to have 28d. for carrying it; he did not say where he was to carry it to; I asked him what the bundle contained, he said he could not tell; I took him into custody; I then took a piece out, and said it was cotton.
On his cross-examination he said, he did not know that the other man was in company with the prisoner, till he saw him speak to him at Jewry-street; that he first saw the prisoner in Seething-lane, close upon London-street; that there were many persons passing when he pitched the bundle in Aldgate-street; that he did not know the man that was with the prisoner; that he was a constable, and had been sworn in about a month; that he did belong to the Police-office, but had left it; that the reason of his leaving it was, he had taken half-a-guinea of a black, who had been ill-used on board of ship; and that he had been ordered before the magistrate, and refused to go; that the prisoner went very readily with him when he took him.
I am a piercer, in the ornament way: On Saturday the 28th, between five and six o'clock, I was in company with Taplin, in Crutched-friars; I observed the prisoner, with this bundle on his back, come out of Seething-lane, and cross over into London-street; we followed him; there was another man with him: he pitched it for a few minutes on a post the corner of Jewry-street, Aldgate; he then went on to Swan-street, and pitched it again; the other man was then gone; I believe he observed us following him, and thought proper to docamp; I came up to him, with Taplin, and asked what he had got; he said, he did not know; I put my hand to it, and pulled out a piece, and told Taplin it was wool; he said, he was to carry it to the corner of Church-lane, and there a man was to meet him; accordingly we suffered him to take it up, and went with him to the corner of Church-lane; we staid about a quarter of an hour, and no man came: I said, my friend, you may as well come with us, for, if any man comes, I will be bound to eat the wool; he took up the wool, and we took him to the Police-office.
Q. How long have you been acquainted with Mr. Taplin? - A. Above a twelvemonth.
Q. In consequence of that, you left off piercing and turned thief-taker? - A. Yes; any thing in an honest way.(The wool was produced in court.)
Pearson. - It is impossible to swear to wool; there is no mark, and it is impossible to speak to the matting in which it is packed; as to the wool, we never pack found wool in that way, only damaged wool.
Jury. - That is not damaged wool? - A. No; it is found wool, it is worth about 3s. 6d. a pound.
Prisoner's defence. - I had taken that of a man, to carry it for him to the corner of Church-lane; he followed me, and came up to me at Jewry-street, and said, take that down to Church-lane, and I will come to you; I went that round with my employer; I have but 14s. a week, and often porter after I have done work.
Not GUILTY .
47. JOHN WEBB and JOHN TAYLOR were indicted for feloniously stealing four gallons of rum, value 3l. the property of John Chatfield , William Chatfield , and Robert Chatfield , November 28 .(The case was opened by Mr. Knapp.)
(The witness cried.) - Q. What is the reason of your being frightened; is there any reason for it? - A. I dont know that there is. I am a carpenter by trade, and live with my father, No. 49, in the Little Minories.
Sheepy-yard ? - A. Yes; on Saturday I saw Taylor, Mr. Chatsield's servant , open the door and go in.
Q. Don't be frightened, there is nothing to frighten you? - A. Perhaps there will be.
Q. Had Taylor any light? - A. No; it was between three and four in the afternoon; on his going into the cellar, I went and told Wade, the other witness, as I was ordered to do; I returned to the cellar, and Wade followed me; I then saw a man, with a basket on his shoulder, come out of the cellar that Taylor had gone into.
Q. How long was that after Taylor went in? - A. About eight minutes, not longer.
Q. Do you know who that man was? - A. Yes; the other prisoner that stands by Taylor.
Q. Wade was with you? - A. Yes; we followed him into the Minories, and the constable took him into custody, and took him to the Fountain public-house; we searched the basket, and found a large bladder in it.
Q. What was in the bladder? - A. According to the smell of it, it was rum; it smelt very strong; Wade took him to the Compter: I left them at St. Mary-Axe, because I wanted to go back to my business.
Q. Are you sure there was but one bladder? - A. I am not certain; I did but just look into the basket.
Q. You had seen Taylor before? - A. Yes.
Q. You are sure it was he that went into the cellar? - A. Yes.
Q. You are sure the other man was Webb? - A. Yes.
Cross-examined by Mr. Ally. - Q. Who gave you instructions to come here and prosecute these men? - A. The constable; he gave me notice to attend at Mr. Knapp's house this afternoon.
Q. What were you doing at Mr. Knapp's house? - A. Nothing at all, but sitting there till I came here.
Q. On what business were you at Mr. Knapp's office; tell the truth; you must out with it? - A. I was waiting there till I was sent elsewhere; Mr. Wade ordered me to be there at half after four.
Q. Mr. Knapp is the attorney for this prosecution? - A. Yes.
Q. Upon your oath, what conversation had you there? - A. I had no conversation but with my mother, who was with me, and sat next me.
Q. What where you frightened about when you came into this court? - A. I was frightened to speak about these men.
Q. Upon your oath, what conversation had you with Mr. Knapp's clerk, about this prosecution? - A. When I came to the house, he said, come in and sit down; I had no conversation with him after I came in and sat down; I don't think a word passed after that.
Q. Who sent you to watch the prosecutor's cellar? - A. My father; he told me, if I saw any body go into the cellar, to tell Mr. Wade.
Q. You saw Taylor go into the cellar, and afterwards you saw the other man come out? - A. Yes.
Q. Then you did not see that man go in? - A. No; nor did I see Taylor come out; as soon as Taylor went into the cellar, I went to tell Wade.
Q. Then you don't know but this man took the basket with him into the cellar, which you saw him bring out? - A. No.
Court. Q. When Taylor went down into the cellar, had he a basket with him? - A. No; he had not.
Court. Q. Where did you dine to-day? - A. At my father's.
Court. Q. Have you had any liquor since dinner? - A. No.
I am a constable: On the 28th of November, between two and three o'clock, in consequence of an information, I laid watch at Mr. Chatfield's cellar, in Sheepy-yard; I went with Bunce, the last witness, and saw the prisoner, Webb, come out of Mr. Chatfield's cellar, with this basket (producing it); he had it on his shoulder; I let him pass me, and followed him; I being a city constable, thought I had no power to stop him in the out-parts; I let him pass me till he got to George-street, which is in the city, there I stopped him, and asked
Q. Did it contain the same things it contained before? - A. Yes; two bladders of rum. I attended the magistrates on the Monday; as I was taking Webb to the Compter, he said, he was taken in for the take of a few shillings; Taylor did not say any thing.
Cross-examined by Mr. Ally. Q. You saw Webb come out of the cellar? - A. Yes; I did not see him go in.
Q.Therefore you cannot tell in what manner he went in, nor what he took into the cellar? - A. No.
Q. For ought you know he took that into the cellar, and brought it out again? - A. I cannot say.
Q. This basket lay some time at the public-house? - Yes; I suppose half an hour.
Q. You had not opened these bladders? - No.
Q. Therefore the contents of them might have been changed, for any thing you know? - A. No.
Q. It was out of your possession half an hour? - A. Yes.
Q. The prisoner Taylor said nothing to you when you took him up? - A. No.
Mr. Knapp. Q. Had they the appearance of being the same bladders that were in the basket before? - A. I will swear it; I set a mark upon them; one of the bladders had burst, and run out a great quantity.
Q. Did you know what was contained in the bladders at all? - A. Yes; by the leaking of them, and putting my finger to it, and tasting it; and I tasted what laid upon the floor.
Court. Q. What did it taste like? - A. Very nice rum, my Lord.
Mr. Knapp. You were set to watch upon this cellar? - A. Yes.
Q. Was the cellar in a state of security? - A. It was when I first went round; there are two ways, and it was fastened secure.
Q. How was it afterwards? - A. I cannot say.
I am the mother of Richard Bunce ; I live in Sheepy-yard; I saw Wade and my son go past in a great hurry; I saw a man come out of the cellar with a parcel under his right arm, tied with a blue and white handkerchief; I saw another man come up from the same cellar with a bunch of keys in his hand.
Q. What time of the day? - A. As near as I can guess, it was after three o'clock.
Q. How long after Bunce and Wade were gone? - A. Not a minute.
Q. Should you know the person of the man that came up with the keys? - A. I did not take any particular notice of him.
Q. Look round the court, and see if you can see him? - A. I do not see him.
Q. Did you see the door looked? - A. No; he came strait up.
Q. Do you recollect how the man was dressed that had the keys? - A. He had a leather apron tied up to his breast, and a brown jacket, I believe; but I did not take particular notice; he went up Sheepy-yard, towards the Great Minories.
Cross-examined by Mr. Ally. - Q. This leathern apron is a common appendage to men in that line of business? - A. Yes.
Mr. Ally to Wade. - Q. You apprehended Taylor? - A. Yes.
Q. That was some time after the other prisoner was in custody? - A. Yes; I apprehended him at Mr. Chatfield's house.
Q. And that was some time after? - A. I suppose three-quarters of an hour.
Mr. Knapp. Q. How was the prisoner, Taylor, dressed? - A. In a leather apron, a brown jacket, and a hat; a common labouring dress.
Mr. Knapp to Richard Bunce. Q. How was the prisoner, Taylor, dressed, when he went into the cellar? - A. In a brown jacket, a leather apron, and a hat, with the brim cut round.
Q. I do not expect you will be able to swear to the rum, but have you any samples of rum here? - A. Yes; I have a sample taken out of the bladder that was burst; I saw the vat made up, on Thursday last, myself to a particular strength; I took it out of the bladder that burst; it was about half gone.
Q. Is that the same sort of rum? - A. Exactly; I have tried it with the instrument; it is usual to let it alone for a week, that it may be perfectly fine; it is a store vat, and we never draw out of that, but for the wholesale trade.
Q. Do you use such bladders as these in the basket, now produced, in your trade? - A. Never.
Q. Was Taylor your servant at that time? - A. Yes.
Q. Had you given any orders to him to go, between the 26th and 28th of November, to this wholesale cellar? - A. No.
Q. Was any drawn from these vats to your knowledge? - A. No; nor by my orders.
Q. Have you examined the vats since? - A. I have examined the dip; there is a decrease of about sixteen gallons; in our dip we allow a little for the slow, which we reckon about two gallons; so that there is a decrease, I am positive, of fourteen gallons.
Q. Do you use such baskets as this? - A. No.
Q. Is three o'clock a usual time for your servants to go to this store cellar? - A. If they have orders so to do, but not else.
Q. Is it usual to take candles into this cellar, or go without candles? - A. It is not safe to work without candles; our cooper always takes candles, to see if the cocks are safe; for, upon hearing this. I was alarmed, and immediately went with a candle to see if all was safe.
Cross-examined by Mr. Ally. Q. When they go with candles into the warehouse, and a number of men are at work, the superintendant takes candles to see that they do their work? - A. They go to the counting-house and take candles.
Q. What became of Lloyd? - A. He has run away.
Q. As well as to wages as to the authority they had about your cellar? - A. Yes.
Q. Has it not been usual for Lloyd to give directions to the other man? - A. No.
Q. Did you not call him your cellar-man? - A. No; we had a cooper who had the superintendance of them; he was ill a fortnight, and I superintended myself; Lloyd took upon himself to order the other servants, and I took him to task for it; Taylor had complained to me that he made him work too much in drudgery of a morning; I told them to do it equally alike.
Q. At what time did Lloyd leave your service? - A. I received a note from him, telling me, that he should be very sorry to appear against his fellow servant; when the hearing was over, if I pleased, he would come to work again.
Q. When did he abscond from your service? - A. He went away on Saturday night, when he was paid, and I have not seen him since.
Q. The same night these men were apprehended? - A. Yes.
Q. Have you no person at all connected with you in business, but those you have mentioned? - A. None.
Q. None who derive any benesit from your business? - A. None.
Q. You have not been fortunate enough to obtain Lloyd? - A. No; I had a warrant today from the Lord-Mayor.
Q. Did you ever find fault with Lloyd for giving orders about conducting your business or trade? - A. No, never.
Q. Could Taylor get to the cellar beyond it? - A. Yes; there was a door way and no doors; nothing was kept in it but empty casks.
Q. Whether your cellars are so situated, that your man being busy in one, another man could not go down into the other, and take something without his knowledge? - A. If he did not see him, he must hear him; if he has any ears, for there is a large open door way without doors.
Q. Do you think it impossible for a man to go into the other cellar without his knowledge? - A. He could not draw the rum out of that vat, being full, and the cock large, without being heard the length of this court.
Webb's defence. I was hired as a porter to carry that basket out of the cellar; I had nothing to do with filling it, or any thing else.(Taylor left his defence to his counsel, who called Mr. Chatfield, John Hoy , John Harding, and John James , who all gave him a good character.
Webb, GUILTY . (Aged 38.)
Taylor, GUILTY.(Aged 36.)
Tried by the first Middlesex Jury, before Mr. RECORDER.
ROBERT SQUIRE sworn.
I live on Ludgate-hill; I am shopman to Mr. William Squire: The prisoner came in on Wednesday the 18th of November, between three and four o'clock, to purchase some plain rings; I shewed her some; a pair of asparagus tongs were lying upon the glass; I did not see them at that time; they had been left there by the lad; she went out of the shop without purchasing any thing; there was nobody else in the shop; I went to dinner about two o'clock, and came into the shop about three; the lad was in the shop while I dined; he had been cleaning the asparagus tongs.
WILLIAM SQUIRE sworn.
I was out at the time, and missed the tongs when I came home about five or six o'clock.
I live with Mr. Watson, a pawnbroker, No. 42, Watling-street: On Wednesday, the 18th of November, the prisoner came into the shop, between five and six o'clock, and offered a pair of asparagus tongs to pawn; she said we must lend the most we could on them, the gentleman wanted two guineas; I then called the young man out of the parlour, and asked, how much he would lend on them; he asked her, who they belonged to; she said, Mr. Stacey, No. 37, Eastcheap; he said, he would send there and see if they belonged to him; he did, and she called the boy back again, and said, they did not belong to him, she said they belonged to Mr. Love, No. 47, Whitechapel; he said, he would send there; she called the boy back again, and said they did not belong there, and if he would not hurt her, she would tell the truth; I sent for Mr. Grove, a neighbour; he began to question her, and she said, she took them off the counter of a shop on Ludgate-hill; I have the tongs here.
Q. Had she a child with her? - A. Yes.(The asparagus tongs produced in court.)
ROBERT SQUIRE sworn.
Q. Had she a child when she came to you? - A. Yes.
Q. (To W. Squire.)Look at the tongs? - A. They are mine; I know them by a little scratch on one of the screws, which I made myself.
Jury. Q. Do you swear they were your tongs, from that mark? - A. I am positive.
Jury. Because we can discern no mark? - A. The mark is very small; the head of the screw is cut with a screw driver; I think them to be mine from other circumstances; they were brought to me by Mr. Groves and the constable; I had made that mark on the head of the screw by accident.
Q. How many tongs of that sort have you? - A. No others.
Prisoner's defence. - My husband is on board
GUILTY, Of stealing to the value of 4s.
Tried by the London Jury, before Mr. COMMON SERJEANT.
49. ELIZABETH WOOD was again indicted for feloniously stealing a silver tablespoon, value 9s. and a copper table-spoon, plated with silver, value 1s. the property of William Watson , privately, in his shop , November 18 .
I am shopman to Mr. Watson, pawnbroker , No. 42, Watling-street : On the 18th of November the prisoner came to our shop, and brought a pair of asparagus tongs to pawn, and asked if I had any table-spoons to sell; I went to the window and took out three or four, I cannot be positive which; I cannot say whether this was among them or not: she asked if I had no more; I said, yes; I went to the window and took out eight more; I counted them twice over; she looked out one plain one, and asked me to weigh it; I told her it was 12s.; she looked out another, and asked what the two were; I told her 24s.; she offered 20s.; I told her I could not take it; then the young man came in to question her about the tongs; we sent in for Mr. Groves; I missed one of the spoons; I called in the young man, and told him I missed one of the spoons; he asked her, what she meant to do with the spoons; she asked him, what spoons, and let one fall on the ground: Mr. Groves then questioned her, and asked if she had any more; she child was in her arms; then she laid down another spoons.
Q. Was she standing close to the counter when this conversation passed? - A. Yes; we sent for a constable; and Mr. Groves and the constable took her to the Compter.
Q. What is your master's name? - A. William Watson.
Q. He has no partner? - A. No.
WILLIAM GROVES sworn.
I am a shoemaker; I live within three doors of Mr. Watson: On Wednesday the 18th of last month, between five and six in the evening, Mr. Watson's boy came into my shop, and requested that I would run instantly to his master's shop; I went, and they were then questioning the prisoner respecting the tongs; I questioned her myself; she prevaricated very much in her account; in the course of her. conversation she let fall from under her cloaths a table spoon.
Q. Before she was charged with it? - A. Yes; I took up the spoon and said it was not unlikely that she had something more about her; she immediately took another spoon from out of her pocket-hole, and put it on the counter; she emptied her pockets, and there was nothing else upon her; the child was in her arms when she dropped the first spoon: the counter is an angle; she was at the distance of about two foot from the counter; I put my initials upon them immediately; the child laid across her arms, and she put her hand into her pockets and took out the spoon; but while she took the other out she put the child upon the counter; these are the two spoons(producing them).
Q. (To Barrow.) Do you know these to be your masters? - A. I cannot swear to them; they have no private marks; we have no private marks to old silver; we sell them as second hand; I cannot swear to them.
Q. You do not recollect shewing her any plated spoons? - A. No, I do not recollect that there was any plated spoons in the window.
Q. There were a great many people in your shop? - A. No, not when I shewed her the spoons, there was afterwards.
Q. You do not know that you had a plated spoon in the window? - A. No.
Q. You do not know now that you had, of your own knowledge? - A. No.
Q. You are not sure that you missed them? - A. I am sure that I missed one, if not two.
Q. You are not sure whether that was plated or not? - A. No.
Jury. Q. Do you take in plated goods to pledge? - A. Yes, sometimes, if it is a constant customer.
Jury. Q. Is it the rule of the shop to take them in? - A. If a stranger comes, if they are
The prisoner did not make any defence.
NOT GUILTY .
Tried by the London Jury, before Mr. COMMON SERJEANT.
50. WILLIAM CARR was indicted for feloniously stealing a wooden box, value 1s. three cotton gowns, value 20s. a silk gown, value 4s. three cotton check aprons, value 1s. two muslin aprons, value 1s. two printed bound books, value 2s. a pair of silk stockings, value 1s. a pair of cotton stockings, value 6d. a cotton half shawl, value 6d. a stuff petticoat, value 1s. a muslin petticoat, value 1s. a muslin cloak, value 1s. three linen shifts, value 3s. a calico shift, value 1s. a linen sheet value 1s. and three pillow cases, value 1s. 6d. the property of John Probert , Nov.11 .
I am a labouring man, I took this box from Mrs Best's, in Temple-street, over Blackfriars-bridge, at about ten minutes after six, as near as possible, on Wednesday the 11th of Nov. and when I got to Water-lane, Blackfriars , I pitched it; I had it upon my knot; I was going to carry it to the Bull-and-Mouth; I had got the direction in my pocket; I turned round to shew it to somebody, and while I turned round I lost the box; that is all I know of it; I have lived in the street four years; I wish I had not been so unlucky as to have carried it.
I live at No. 13, London-street, Fitzroy-square; the things in the indictment are the property of Mrs. Probert, the wife of John Probert, master at arms on board the Formidable; I had been on a visit with her family in Worcestershire, and when I came to town I went to see her, I saw the porter on Tuesday night, the 10th of November, come for the box; I saw it packed up, and I know the box and the things in it. (It is produced in court.) This is the box; the direction is in her own handwriting.
Kelham. This is the box, I had to carry it from Temple-street.
Q. (To Mrs. Robinson.) All you know is, that that, box is the property of John Probert ? - A. Yes, I know it by seeing it packed, and by her hand-writing; the things almost all went through my hands to her; they were presents from her family.
I am a butcher, in Newgate-market: I was standing at the Blue-pests on the 11th of Nov. about seven o'clock in the evening, and I saw three men coming up with a box; the prisoner was one; they went in to have a pint of beer, and left one at the door to watch it; the prisoner was one of the three, but I cannot swear that he had the box; I suspected it was stole, and went for a constable; I suppose I was ten minutes before I found one.
Q. Are you sure the prisoner was not the man that stood at the door? - A. No, that was a tall man, in black.
I keep a public-house, in Newgate-market: On Wednesday the 11th of November, about seven o'clock in the evening, the prisoner at the bar, in company with another man, brought this box into my house.
Q. Do you know which it was that brought it in? - A. No, I was making liquor in the bar; I saw them in the tap-room; they called for a pot of beer; the box was standing before the prisoner, and when I went in he put it under the table, and sat down by the side of it, as if it was to be hid; then there came in a third man and called for a glass of gin; he sat down in the tap-room by himself, in another box; then Mr. Peppercorn came in, and said, he suspected they had got some stolen property; that he had got a constable, and should take charge of them when they came out; the constable came in; the man that came with the prisoner was gone to fetch a coach; the third man came up and drank with the prisoner; then the second man came in and told the prisoner he had done as he desired him; he said, very well, then we will go; he got up and paid me for the porter, and the constable immediately took charge of the box and the prisoner, and the man that came in third, but he was discharged at Guildhall; the man that went for the coach said, he was going to the waggon-office, in Newgate-street, with it, and that he brought it from the Six-Cann's
- WETHERALL sworn.
I am a constable: On Wednesday the 11th of November, in consequence of an information I received from Mr. Peppercorn, I went to the Blue-posts; after standing at the door sometime, I went and had a pint of beer; while I was drinking it the prisoner got up to go away, and dragged this box out from under the table; I immediately told him I did not think it was honestly come by, and I should know the particulars before I let it go there; I then took the prisoner and a man who had been drinking with him, who was in another box, but not being in company with him, he was discharged; the other man came in while I was there, but he did not interfere in any thing; and I could not cleverly d in him; I have had the box in my custody ever since.
Prisoner's defence. I went into this public-house and called for some beer; a man asked me to take care of this box; I staid there till I could not stay any longer, and I thought I would give it into the care of the landlord; I took it from under the table to give it to him, and the constable took me, before I had taken it two yards from under the table.
GUILTY . (Aged 25.)
Tried by the London Jury, before Mr. COMMON SERJEANT.
51. ELIZABETH NUGENT and WM. COLLINS were indicted for feloniously stealing two cotton handkerchiefs, value 4s. and two muslin neck handkerchiefs, value 3s. the property of William Grierson , privately, from the person of James Forbes , Nov. 15 .
Second count. Laying them to be the property of James Forbes.
On Sunday the 15th of last month, between nine and ten o'clock, I was going down an alley leading from Bishopsgate-street to Sun-street , I met the prisoner Nugent; she took hold of me by the tail of my coat, and asked me to go up stairs into her room; I told her I was going home, and would not stop any where; she then clasped her arms round my waist; I told her positively I would not go up with her; I got from her and went home; when I got home, I was informing my landlady what a handsome present was come from the country for William Grierson ; I put my hand in my pocket, and immediately missed the things in the indictment; I immediately returned to the same alley, and found a girl at the end of the alley; I told her I would give her half-a-crown if the would inform me where any girls lived that walked about there; she took me to the same stair where I saw Nugent; I knocked at the door, and an old woman came down, who was so drunk she could not give me an answer; I went up stairs and found the two prisoners at the bar; there was a post behind Nugent's back, I desired her to deliver me the property that she had taken out of my pocket, upon that she got up and swore and cursed to a terrible degree, that she had never seen me before, and that I must be under a mistake; I told her I would call the watch if she did not deliver it to me; when I went to call the watch, Collins came to the head of the stairs, and swore that if I did not let him come past, he would knock me down stairs; I told him he should not, till the watchman came, and then he might; upon that he went in and shut the door, and I neard him say, damn you, Bet, put the articles behind the post; by this time the watch had come up, and I gave charge of them; as they were going from the watch-house to the Compter, a young woman, that was up stairs with them, said she would inform us where they were, upon that we went back to the watch-house again; I stopped there with the two prisoners, while the officer of the night, and this young woman, went with another officer to search the room; they found three of the handkerchiefs that were stolen from me, in the room behind the post, where Nugent was sitting; when they came back she was sent to the Compter.
FRANCIS BAILEY sworn.
On Sunday the 15th of November, a little after ten o'clock, the prosecutor brought the prisoners, with a watchman, into the watch-house; he said that Nugent had robbed him; we were going to take them to the Compter, when the other girl said, that if we would take her back, she would tell where the things were; we went back to the watch-house, and the girl went with as to shew us where the things were; the door was shut, and the girl herself broke it open; she went into the room and took three handkerchiefs from behind the post, which I delivered to my brother officer, Moses Edmunds.
MOSES EDMUNDS sworn.
I went with the last witness to search this room; these are the handkerchiefs (producing them.)
Forbes. I know these to be the handkerchiefs, by the mark of W. G. upon them.
These are my handkerchiefs.
Prisoner Nugent. He was with me some time, and gave these things and 2s. besides.
Forbes. I was not not up stairs till after I missed the articles; I did not give them to her.
Prisoner Nugent's defence. He told me he had but little money to give me, and gave me these handkerchiefs; I wanted 2s. more, and he said he had that, and gave it me to sleep with me all night; when he got up, he wanted them again; I said there was nothing freer than a gift, and he charged a constable with me immediately.
Prisoner Collins's defence. I know nothing about it; I am entirely innocent of every thing that has been mentioned; I get my living by playing upon a violin, at country dances.(The prisoner Collins was blind.)
Nugent, GUILTY, Of stealing, but not privately, from the person . (Aged 19.)
Collins, Not GUILTY .
Tried by the London Jury, before Mr. Justice GROSE.
I am a carrier ; I live at Bicester, in Oxfordshire: I lost a gelding from my ground, near Bicester ; the last time I saw it there was on Sunday the 31st of May, about seven o'clock in the evening; I missed it on Monday the 1st day of June; my servant came home that morning from milking, and told me my horse was got out of the ground, and I went about nine o'clock to look for it; I did not see it again till Monday the 23d of November, in South-Mews, in the parish of Mary-le-bonne, in the custody of James Chamberlayne , a stable-keeper; it was a brown gelding, about fifteen hands high, with a star in his forehead, remarkable tight made; he is near seven years old; I knew it to be mine as soon as I saw it.
Q. Are you positively sure it was your's? - A. I have not the least doubt upon my mind about it; I had had it about a twelve-month; I come to town every fortnight, and I used always to ride him.
I am a shoemaker, in Whitechapel; I was recommended to the prisoner to buy a horse, by Bowtell, of whom I had purchased a small poney; I bought this gelding of the prisoner.
Q. Was that the gelding that was stole? - A. I should imagine it to be so; I cannot say.
Q. When was this? - A. Sometime the beginning of June, I think; I did not make a minute of the time; it was delivered to me at a public-house, at the entrance of Hackney; I think it was the Rose-and-Crown, I am not positive; I gave the prisoner ten guineas and my poney, which cost me five, for it, he warranted the horse found; if I hah found it found I was to have given him a new pair of boots; but finding it not found, he never called for them; I kept him near six months; I generally keep one in the summer, and generally sell it in the fall; I sold this horse to Mr. Chamberlayne, about five weeks ago, for 9l. 3s.6d.
Q. Are you sure the gelding purchased of the prisoner was the one you sold to Mr. Chamberlayne? - A. Yes, perfectly sure.
Q. Had you ever seen the prisoner before? -A. Not to my knowledge; I saw him once after I bought the horse of him; I met him on horseback.
Q. During the time of the purchase and the bargain, how long might you have been in company with him? - A. I dare say it might be better than two hours; we had to go from a public-house, nearly opposite my house, to where the horse was.
Q. Have you any doubt at all that the prisoner was the man that sold it? - A. He is the very identical man I bought it of.
Prisoner. Q. Did I deliver that horse to you? - A. I paid you the money for it.
Q. Did you see me have hold of the reins or bridle? - A. I am not sure whether it was you, or the little man that was with you.
Q. Who was the man that was introduced to you to sell the horse? - A. The prisoner; and I paid him the money; upon my oath, he is the man.
I purchased a gelding of Mr. Tweed, on a Friday, about a month ago; I gave 9l. 3s. 6d. for it; I delivered it to Mr. Kirby, when he came to claim it, about a fortnight ago.
Q. Are you sure the gelding you delivered to Mr. Kirby was the same you bought of Mr. Tweed? - A. Yes.
Q. Were there no other geldings in your stable? - A. Yes, a black one; but this was a brown one.
EDWARD BOWTELL sworn.
I am a brazier and tinman: I was with the prisoner when he took this gelding out of the field; the magistrate at Bow-street admitted me as an evidence.
Q. (To Tweed.) You cannot tell when it was you bought this? - A. No; I took no particular notice of the time; I thought I had been dealing with a very fair man; as nigh as I can tell, I have had it in my own use nigh upon six months.
Bowtell. I went down to Birmingham with the prisoner, with three horses; I have been there a great many times with the prisoner, with a great many horses that he has stole; in coming back, we called at Bicester, in Oxfordshire; we staid at the Rose-and-Crown, till about nine o'clock in the evening, on the 31st of May; and, as we were coming towards London, at a place called Aylesbury, the prisoner saw this gelding in a field on the left-hand side; there was another horse with it; he got off the horse he was riding, and got over the gate and looked at this horse; he came back again, and said, that will do very well, we will have that: he then mounted his horse again, and rode on till we came to an old barn, the same side the way as this field; we went into that barn, and put our horses into it, and went to sleep till about twelve o'clock; then we took a halter off the horses in the barn, and went back to the field where the gelding was; we lifted the gate off the hinges, and I held it while he fetched the horse out of the field; we left the gate off, we could not get it on again; we brought the gelding with us to the barn, and then we took the saddle and bridle off of one of our horses, and put on this gelding; we brought them all three to London; we quarrelled about who should ride the gelding; I did not like to ride it for fear of being thrown off; he said, I should ride it, and I did ride it part of the way; we took it to the Horse-and-Groom, Hackney-road; it staid there for two days, till the prisoner at the bar sold it to Mr. Tweed; I was present; Mr. Tweed gave me half-a-crown for riding it, and the prisoner gave me half-a-crown.
Q. Should you know the purchaser again, if you were to see him? - A. Yes; he is a shoemaker, in Whitechapel.
Q. How many days after the robbery was it that you sold it to the shoemaker? - A. As near as I can guess, on the Friday, about twelve o'clock; that we took it on Monday the 1st of June, between twelve and two o'clock.
Q. How long have you been a horse stealer? - A. I believe it is as much as between four and five years; I was servant to him.
Q. But you were in the secret that they were stolen? - A. Yes; I used to go with him; sometimes he would give me two guineas and a half for taking a horse one hundred miles; and sometimes five guineas, but never more, if he sold it for fifteen; he dealt with a man in the country, a dealer.
Q. Did you never steal any on your own account? - A. No; the man that dealt with him would not deal with me; there are a great many more horses in town now; that he has brought up here.
Prisoner. Q. I wish to know whether he has any witness that ever saw me and him together when he stole any horse? - A. He and I have stole some scores; I have got a list of them, my Lord; here it is (producing it).
Q. (To Tweed.) Look at the last witness. - A. He is the man I bought the poney of; he recommended me to the prisoner; he came to buy a pair of boot-tops of me, and seeing my saddle hanging up, he asked me if I wanted to buy a horse.
Q. Did you give him half-a-crown when you bought this horse? - A. Yes? for recommending me to the prisoner; the back of him was in a shocking condition; he took the saddle off my poney, and put it upon his back, to deceive me, or else I should not have bought it.
Q. Was it the Horse-and-Groom, at Hackney, that you went to? - A. No; the Rose-and-Crown; but the horse was not there; I waited near half an hour, while the horse was fetched; they might get it from the Horse-and-Groom, for any thing I know; I understood it was the prisoner's house; I bought it of the prisoner.
Q. (To Bowtell.) Is that the person who bought the horse? - A. Yes.
I am an officer: On the 12th of October an information came to the office in Bow-street, I and some more officers were sent to the Raminn, in Smithfield, where we apprehended the prisoner and Edward Bowtell; we brought them before Justice Addington; they refused to give any account of themselves; and he committed them both to the house of correction; there were two horses at that time at Edgware, which I serched up; that is all I know about it.
Q. (To Kirby.) Where is your field; is it situated as the accomplice describes, on the left-hand side of the London road? - A. Yes.
Q. How did you find your gate the next morning? - A. I only know of that from what my servant told me; when I saw it, it had been put on again.
Prisoner's defence. - My Lord, I have no counsel to aid and assist me; I hope I shall have one in you: I am a musical instrument maker; Mr. Thompson, in St. Paul's church-yard, and Mr. Longman, of Cheapside, were here yesterday, to give me a character, but they are in a great way of business, and they could not wait.
Q. (To Kirby.) What is the value of your gelding? - A. About 20l. or 22l.
GUILTY , Death . (Aged 44.)
Tried by the second Middlesex Jury, before Mr. RECORDER.
The indictment having no date, it was quashed .
ARBHIBALD REEVES sworn.
On the 2d of December the prisoner came to change a pair of slippers which she had bought an hour before that; she said they were not fellows; but none would do; she asked to look at some shoes; I shewed her some; and three women came in, two of them together, for some slippers; I turned my back to go towards the parlour, and missed one pair of women's leather shoes; she said, she would take the same slippers again; she did, and went away; I looked about the shop for the shoes; I could not find them, and I followed her and
Q. (To Reeves.) Can you identify these shoes? - A. No; I cannot; they are country made shoes.
Q. If any body had met you in the street and put them into your hand, should you have known them to be your's? - A. No; there is no mark upon them.
GUILTY . (Aged 26.)
Tried by the second Middlesex Jury, before Mr. RECORDER.
55. JAMES COX , otherwise BUNCE, otherwise BOND , was indicted for feloniously stealing a pair of men's leather shoes, value 8s. two brass cocks, value 6s. and two desert knives with wooden handles, value 3s. the property of Robert Porter , Sept. 25 .
I keep the Sun, in Sir William Warren's square, Wapping : On the 21st of September the prisoner came to hire himself to me; he said, he lived in the country; he had no acquaintance in London to give him a character; I told him he would not do without; he came again next day, and I took him into my service, to draw beer; he went away on the 25th, about eight o'clock at night; I missed a pair of shoes; I went into the cellar and missed two brass cocks, they were very particular ones, I had them lined with pewter; the knives he had to clean, and two of them never came back; they were dessert knives, with ivory handles.
Q. Not wooden ones? - A. No; I have never seen any of them since I suspected he had taken them; because he went away at that moment of time that I missed them.
NOT GUILTY .
Tried by the second Middlesex Jury, before Mr. RECORDER.
I keep the Bromley-arms : On Monday last I lost two pint pots; I did not see the prisoner take them.
I am a porter: On Monday last I went into a public-house, in Marlborough-street, and called for a pint of porter; I sat down pretty near the prisoner at the bar; I observed a great bulk in her pocket; I could visibly see that they were pots, or something of that kind; I informed the landlord; we took her into the kitchen, and she refused to take them out; she pulled one out, and said, that was all she had; I put my hand into her pocket and took out another pint pot; in endeavouring to get that out of her pocket, she let this one fall that she had got between her legs; it was round her middle with this bit of string, (producing two pots, one with a spring tied to it); she broke the string in getting it off.
Q. Were there three then? - A. Yes; one belonging to another publican; they have upon them, "T. Innols, Bromley-arms, Cleveland-street :" she said, she did not steal them; I took them to Mr. Innols' house.
Innols. I had missed two pint pots in the morning of last Monday, between ten and eleven o'clock.
Q. (To Jones.) What time did this happend - A. About five in the evening.
Q. When where they brought to you? - A. Between five and six o'clock, from Marlborough-street; I have been in business, last September, twelve months; I have never sold any pots since I have been in business.
Prisoner's defence. A person of my acquaintance had had a quarrel with her landlady; the landlady turned the woman out; she was in a great passion about her rent; and she gave me the pots, with a piece of pork that they had been having for dinner, which I believe that witness had; I live down at Gravesend; I have a husband and family at Gravesend.
GUILTY . (Aged 42.)
Tried by the second Middlesex Jury, before Mr. RECORDER.
RICHARD GREEN was indicted for obtaining, under false pretences, two hempen bags, and 1 cwt. of certain nails called half-inch cast sparables, value 1l. 15s. the property of Thomas Green , in order to defraud him the said Thomas , October 31 .
PHILIP GREEN sworn.
I am servant to Thomas Green, ironmonger , in Upper-Thames-street : On Saturday the 31st of October, about three o'clock in the afternoon, the prisoner came to our shop, and said, he came from Mr. Crawshay, for a bag of half-inch sparables; I asked him if he had got an order for them, and what sort they were to be; he said, he had no written order; I told him he must go back for an order; I could not deliver them without; he came again with a written order for a bag of half-inch wrought sparables; I told him we had no wrought sparables; we had nothing but cast; he came a third time with a written order for a bag of half-inch cast sparables, saying, if we had not all, he must have some; I then went to see for the sparables, and delivered him a bag.(The order was produced and read.)
Q. Do you know the house of Crawshay and Company? - A. I know the house; they have had a good many things of us; the partners are Richard Crawshay , Wm. Crawshay, and William Thompson ; I knew Mr. Ash to live at the house at the time as clerk; I took the order backwards, to my brother, and asked him if he knew the hand-writing of Mr. Ash; he said, it might be his; he was not perfectly acquainted with it: As it was a heavy article, and did not come to much money, I did not suspect a fraud, and, in consequence of that, delivered him the sparables; they were in two bags; we call them by the weight that they weigh per thousand; we sent them as near half-inch as we could: after I had delivered them, I had a suspicion, from the man's coming two or three times; and not knowing the hand-writing, I acquainted Mr. Ash of it, and the prisoner was taken the same day; I sent one of the men after him, to see whether he went to Mr. Crawshay's or not.
I am porter to Mr. Thomas Green: The prisoner came there for a bag of nails; my master delivered the nails; I weighed them; I saw him give my master the order; I read it(looks at it); this is the order; my master sent me after him, to see where he carried them to; I followed him; he took them to an ironmonger in Long-lane; I waited till he came out to a gin shop, with two men from the iron shop; he came out from the gin shop, talked with the other men, shook hands with them, and went away; I followed him to a cook's shop in the Old Bailey; I stopped him in the cook's shop, and got a constable, who lodged him in the Compter; I went to the iron shop and got the nails; we brought the man that received the nails, and lodged him with the prisoner in the Compter.
I am a constable: I took the prisoner in the cook's shop; I went to the iron shop in Long-lane, according to the information of the last witness, and searched and found the nails; I have a bill of parcels I found on the prisoner; he let me search him very willingly.
I am clerk to Messrs. Crawshay, Son, and Thompson.
Q. Is that order your hand writing? - A. It is not; no such order was given at our house; I have known the prisoner nine months.
Q. Was he a servant to you? - A. Occasionally.
Q. He knew you were clerk in the house? - A. Yes.
Jury. Q. You don't know whose handwriting that order is? - A. No.
Prisoner's defence. I was very much in distress at the time, and had a wife and three children at home, and had no work; we were starving.
GUILTY . (Aged 37.)
Tried by the London Jury, before Mr. RECORDER.
The prisoner at the bar, John Longmead, was tried before Mr. Justice Heath, at the last Old Bailey sessions, on an indictment founded on the statute of 19 Geo. II . chapter 34, stating, that he, together with three others, armed with offensive weapons, did assemble together, in order to be aiding and assisting in rescuing from certain officers of Excise a quantity of foreign spirits liable to the payment of duties. The prisoner was convicted on very satisfactory evidence; it was moved in arrest of judgment, that the statute 19 Geo. II . was not intended to be continued by the statute 28 Geo. III . and was not so continued. The statute 19 Geo. II . is intituled, "An act for the further punishment of persons going armed or disguised in defiance of the laws of Customs or Excise; and for indemnifying offenders against these laws, upon the terms in this act mentioned; and for relief of officers of the Customs in informations upon seizures." The statute of the 28 Geo. III . chap. 23. continues the act for the punishment of persons going armed or disguised in defiance of the laws of Customs or Excise; and for indemnifying offenders against those laws, upon the terms therein-mentioned; and for the relief of officers of the Customs in informations upon seizures.
In favour of life, and not from any doubt entertained upon the subject, this case was laid before the judges; and by them attentively considered; and they are unanimously of the opinion with which I shall conclude. The motion in arrest of judgment was, on the indictment being founded on the 19 Geo. II . chap. 34, the argument being, that that statute, which was temporary, has expired, and is not continued by 28 Geo. III . chap. 23; for it is said, that the statute 19 Geo. II . which is intituled (as I have just now read), has these words, "the terms in this act mentioned;" and that the statute of 28 Geo. III . supposed to have continued the statute 19 Geo. II . has not continued it; because, in describing the title of that statute, instead of the words "in this act mentioned," it uses the words "therein menGeo. II . is a most beneficial, salutary, and necessary statute; that it is to prevent men going armed with fire-arms, in disguise, in defiance of the laws; and to enable all persons wounded by such offenders, or executors of persons wounded by such offenders, to recover a recompence for that injury which they have received, and for that breach of the law, and when it is farther considered, that this law was continued, and has been uniformly acted upon since the last of these statutes passed. The argument used is founded upon three cases; one is, 2 Salkeld, 609; another is, Croke Elizabeth, 210; and the third is, I Lord Raymond, 343; these are cases where persons bringing actions upon penalties: have taken upon them to recite the statutes, whose business it is to know what they claim under, when they recite that as the ground of action or defence; the objection is well known in law under the title of variance; he that sets out pleading a grant and warrant, upon the foundation of a statute, must set out faithfully, he must know what that foundation is; but this is not a question of variance, it is a question of construction and intention; and therefore these cases do not apply to the case before us: when the legislature mean to continue a law, pass a law, or repeal a law, they are not bound to use any precise form of words, if what they meant is clear and obvious, whatever the form of words may be, it must be carried into execution: that this is so in the present case, is clear beyond a doubt; and there are authorities for it both ancient and modern. I will refer to an authority to be found in Foster, page 79:"That by an act passed in the 19th of the King, reciting, that Alexander Lord Pitsligo, and other persons, therein named, had been in actual rebellion, and were fled from justice;" 'it is enacted, that the said Alexander Lord Pitsligo, &c. &c. shall stand attainted of high treason, unless they surrender themselves to justice, on or before the 12th day of July, 1746.' Lord Pitsligo did not surrender in obedience to the act, and thereupon his lands in Scotland were surveyed and seized for the use of his Majesty, by order of the Court of Exchequer in Scotland, pursuant to the act of the 20th of the King, upon a presumption that he stood attainted by the act of the 19th. His Lordship put in his claim to the lands, in the Court of Session, by the name of Alexander Lord Forbes , of Pitsligo; setting forth, that his ancestor was, by letters patent, bearing date the 24th of June, 1633, ennobled and created a Baron of Scotland, by the name, stile, and title of Lord Forbes, of Pitsligo, which title is now descended on him; and insisted that he is not named in the act of attainder, and consequently doth not stand attainted, nor are his lands subject to forfeiture.
To this claim the King's Advocate put in an answer, by which he admitted the patent of creation as stated in the claim; but insisted, that the claimant is the person meant, and sufficiently described by the act. The cause coming on to be heard in the Court of Session, their Lordships pronounced their interlocutor, by which they find that the said Alexander Lord Forbes, of Pitsligo, is not attainted by the act of the 19th of the King, and therefore sustain his claim, and decree possession to be delivered to him.
From that interlocutor his Majesty's Advocate, in behalf of his Majesty, appealed, and the cause came to a hearing in January, 1750: It was referred to the Judges, and the Judges were of opinon, that if he was the person intended and named in that act, he was sufficiently described by the name and title of Alexander Lord Pitsligo. Upon that ground their Lordships reversed the interlocutor and dismissed the claim.
This is a very strong case in point, and the doctrine has been recognized and confirmed in the case of Lord Strathaven, which is so much like the case of Lord Pitsligo, that it is unnecessary to cite it; they both prove, that in the constituting words of the statute, the intention of the legislature is alone to be considered; it is not pretended that there is even a doubt but that some act was intended to be continued; it is not pretended that these words are applicable to any other act, or that there is a doubt whether any other statute is continued by it. Then the argument is this, that these words mean nothing, if it was not the intention of the legislature to continue some act, and that no man can doubt what that act, and that the intention is the whole that should be carried into execution; the intention is most clearly here to continue the statute, 19 Geo. II . and whatever is clearly the intention of the legistature. courts of justice are bound to support that intention. I know of no position that would be more fatal in a court of judicature than to refuse to understand the words of the intention, and depart from decided cases upon a ground in applicable to the case before them, and founded neither upon law, justice, nor good sense. The Judges are unanimously of opinion, that this is not a question of variance, but of construction; that the statute 19 Geo. II . is continued by the statute 28 Geo. III . that the indictment is good, and that judgment ought not to be arrested.
Received sentence of Death - 9.
Transported fourteen years - 1.
Transported seven years - 10.
Imprisoned one year in Newgate, and fined 1s. - 5.
Imprisoned one year in the house of correction, and fined 1s. - 4.
Imprisoned six months in the house of correction, and fined 1s. - 7.
Imprisoned three months in Newgate, and fined 1s. - 1.
Imprisoned one week in Newgate - 1.
Imprisoned one week in Newgate and fined 1s. - 1.
Judgment respited to go to sea or into the army - 4.