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 BROOK WATSON , Esq. LORD MAYOR of the CITY of LONDON; the Right Honourable Sir ARCHIBALD MACDONALD , Knight, Chief Baron of His Majesty's Court of Exchequer; the Right Honourable Sir SOULDEN LAWRENCE , Knight, one of the Justices of His Majesty's Court of King's Bench; Sir JOHN HEATH , Knight, one of the Justices of His Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE , Knight, 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.
JOHN JOHNSON was indicted for feloniously stealing, on the 25th of November , two cotton waistcoats, value 10s. two plain waistcoats, value 8s. a pair of plush breeches, value 6s. two cloth coats, value 40s. two pair of silk hose, value 8s. ten yards of linen cloth, value 15s. a pair of worsted stockings, value 10d. and five pair of cotton stockings, value 5s. the property of Mary Pierson , in her dwelling-house .
MARY PIERSON sworn. - I am a widow ; I live at No. 58, Castle-street, Oxford-market ; I keep the house; I missed my things on the Thursday or Friday, the 24th or 25th of November last, from the front garret, at night as I was going to bed; they were in a chest of drawers; about five weeks afterwards, I was going accidentally up Wardour-street, and saw, at the corner of St. Anne's-court, to be sold, three waistcoats, and one pair of breeches; I have never found any of the other things; the prisoner was a lodger of mine at the time that I missed my things; he had been my lodger about a week before; one of the waistcoats is my own making; I shall know the things again when they are produced.
MATTHIAS HART sworn. - The prisoner had bought a coat of me; he had not money enough by three shillings, and he came to me again with these things about six or seven weeks ago to sell them, and pay me the three shillings; there were two cotton waistcoats and another waistcoat, and a pair of plush breeches, seated with velveteen, very old; I had them about a month when Mrs. Pierson called and claimed them; they had laid all the time in the window; it was the week before last I believe she claimed them, and I delivered them to the officer; I gave him eighteen shillings for them; I valued the three waistcoats at fifteen shillings; the breeches were not worth above four shillings.
Q. (To Mrs. Pierson). Are you positive that the waistcoats you saw at Hart's were your's? - A. Yes; I know one of them by my own work, and the other I had washed myself several times; and the breeches I know to be mine; they are very remarkable; I know them by a piece that I put in them.
Q. (To Hart). Where did you find the prisoner? - A. The officer found him.
Mrs. Pierson. He was taken the day after I found the things.
Prisoner's defence. I have got nothing at all to say, but I lodged in the next room to Mrs. Pierson; she said, she had lost some things; she suspected an old man that lived at the top of the house, and I asked her why she did not go to seek after him; and she went to seek for him, and could not find him; I teach dancing; I know nothing about the things; I always paid her my rent very regular.
Q. (To Mrs. Pierson). Did he pay his rent? - A. Not always; I was obliged to seize his goods for rent.
Mr. Knapp. (To Mrs. Pierson). Q. Upon your oath, did you not charge somebody else with committing this robbery? - A. I thought of an old gentleman that was coming up stairs one time, but that I know nothing of.
Q. Who was this old gentleman? - A. A person that came after one of my lodgers.
Q. Have you not said before now that you suspected that person of having robbed you? - A. I did think at one time that it was so.
Q. Was that gentleman an Irishman? - A. I am not sure that he was.
Q. You have not said at any time you supposed yourself to be robbed by an Irishman? - A. No.
Q. But with respect to this old man, you had some thoughts you had been robbed by him? - A. I had; but unless I had sure proof that he had taken them, it was wrong to say any thing about it.
Q. You had lost the things five weeks before you had any tidings of them again? - A. Yes.
Q. Therefore, how many hands they might have gone through in that time, you cannot tell? A. No.
Q. I believe this unfortunate man is one of the musician s in the Duke of York's regiment? - A. Yes.
NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. RECORDER.
Q. You have not the least doubt that this is the same man? - A. None in the world.
EDWARD SMITH sworn. - I apprehended the prisoner on the 26th of December last, in East Smithfield ; I took him to the Public-office, Lambeth-street, Whitechapel; he was committed on suspicion of having returned from transportation, and I got Mr. Cave to come forward, and he identified him.
Prisoner's defence. I acknowledge that I am the person, and hope your Lordship will forgive me.
Q. (To Cave). Do you know any of the circumstances under which this man got away? - A. No.
Prisoner. I did not know that I should be tried till Thursday or Friday, and I have no friends here; I have got a wife and five children; I am a shoemaker; I was at Plymouth, and worked with Mr. Wake all last winter.
Smith. He has behaved extremely well since he has been in custody.
Prisoner. There was a ship came in, and a man there that knew me, and I was drove away for fear of being taken.
GUILTY . Death . (Aged 36.)
Tried by the first Middlesex Jury, before The LORD CHIEF BARON.
64. JANE BYRNE was indicted for feloniously breaking and entering the dwelling-house of John Brewer , about the hour of six in the night of the 23d of December , with intent to steal the goods of the said John, and burglariously stealing therein eighty-one yards and a half of black silk lace, value 15l. the property of the said John Brewer .
JAMES WATSON sworn. - I am shopman to John Brewer, No. 59, Oxford-street : On the 23d of December last, I saw the prisoner Jane Byrne , and Mary Vallance , about eleven in the morning, making a noise, as if they were cutting the glass of the shop window; they then walked away, and about half past three I saw them again in the same situation; Mary Vallance was breaking the glass, and the prisoner standing by the side of her; I went out and took Mary Vallance by the shoulder, and told her what I saw her do; and I having nobody in the shop let her go; I took her afterwards to Marlborough-street, and she was committed for a misdemeanor, for breaking the window; and, about six in the evening, there had been a piece of paper put over about half the square that had sell out, it was fastened by some large pieces of stuffs, and I went into the back shop and put down some things; I had not been gone three minutes, when I saw the prisoner with her hand in the window taking out the lace, I was then at the further end of the front shop; as I was returning from the back shop, I saw the candlestick that stood behind the sheet of paper reel as if it was going to fall; there were eighty-one yards and a half of lace gone; I did not see the lace in her hand, but I saw her hand in the window, and they were gone when I went to the window to look.
Q. Are you sure it was the prisoner? - A. Yes; there was a vacancy where the candles were put in not filled up; and I could very plainly see her arm in the window.
Q. But how are you sure it was her arm? - A. From the appearance of her clothes and dress; I had seen her so many times before, I am just as clear as if I had seen her face that it was her; I went to the window but she was gone, before I could scarcely move she was clearly gone; I went about half an hour after to give information at Marlborough-street and she was there talking to Mary Vallance that was then committed, we never found the lace after; I knew her to be the same, and desired that she might be detained till the Magistrates sat; she denied having any knowledge of it.
Q. What was the value of the lace? - A. Fifteen pounds.
Q. When you first saw these women, in the morning, how long had you an opportunity of observing the prisoner? - A. I heard a noise, I went to the door immediately, and they were walking up the street, and I looked after them some time, I did not see their faces; the second time I observed her for ten minutes, but did not see her face then.
Prisoner's defence. I go out a washing; there was a woman lives in Adam-and-Eve-court, I brought home her things on Friday night, and she had heard that her son was taken to Marlborough-street, and he went away from his master, and she came up to Marlborough-street, and asked me to be so good to see if he was there; and as I came through, I saw a woman, and asked her if thereMary Vallance , and let them know that she was there, for breaking a window; and they came down and saw me speaking to her, and that was the way I was taken; I know no more of it than you do.
Prosecutor. I have another witness, my Lord.
CHRISTIANA NICHOLSON sworn. - I live with Mr. Clarke, who keeps the White-lion, in Oxford-street; I served the prisoner and another woman with purl, about twenty minutes after three on the Friday, I don't know what day of the month, it was Friday before Christmas-day, they staid about half an hour; I saw the other woman at Marlborough-street, her name is Mary Vallance, she was then in confinement; the Whitelion is three doors from Mr. Brewer's.
Q. Are you sure it is that woman? - A. Yes; I am sure it is that good woman.
NOT GUILTY .
Tried by the first Middlesex Jury, before Mr Justice LAWRENCE.
(The indictment was opened by Mr. Abbott.
Mr. Garrow. May it please your Lordship. Gentlemen of the Jury. The prosecution which you are now called upon, as Jurymen, to decide, appears to me, from the facts which I shall shortly communicate to you, to be one of the highest importance that can possibly come for consideration in the shape of a misdemeanor. It has been thought by those entrusted with some of the highest departments of the administration, to be their duty to submit to your protection a class of persons who can in no other way be protected, who are unable to protect themselves, and who appear to have been the objects of the most abandoned and profligate plunder that I think I have ever seen stated in any Court of Justice. You have collected from my learned friend who has opened the indictment to you, that the charge against the prisoner (and probably you will agree with me in thinking, if I prove the facts to you, and which can only subject him to the punishment of a misdemeanor, I own, for one, I wish it was a higher offence, the charge against him) is, that he has obtained, at three several times, a sum of money, amounting in the whole to six guineas, by pretending that he had interest with the very respectable persons named in this indictment, to procure a pardon for an unhappy person who had been attainted of felony. You will find, Gentlemen, that a man of the name of Saunders, who was confined in Newgate under a conviction for felony, had a mother naturally extremely anxious to relieve him from the consequences of his conviction; she was introduced to the prisoner, who, without the least difficulty, stated, that if the pardon she wished was all she desired, a remission of the capital sentence and to enter into the navy, he had such interest with his Grace the Duke of Portland, with Mr. Baldwin, and a very respectable Magistrate, in my eye, Sir Watkin Lewes , that that was a thing to be obtained without the least difficulty, and he thought she might expect a free pardon very soon. Such was his interest with those respectable persons, but it was not to be done without money, and if the money could be procured, the pardon would follow of course. You may easily believe if a mother could obtain four, five, or six guineas, for such a purpose, she would strain every nerve to do it; at first she could only raise three guineas, part of this, to the knowledge of the man at the bar, she borrowed for the purpose of advancing; he then gave her encouragement that it would very soon be done, but he must have more money; she was to come next day with more money, she had none, but he was so importunate, and above all, gave her such hopes that the pardon would arrive, that she, by borrowing, got two guineas more; she saw no more of him for a month. From that time, in suspense, dreading every day the execution of the law upon her son, and anxiously expecting the effect of this man's interest, upon a subsequent application, he obtained another guinea, and he had now got all the poor creature was able to raise by any means; she hoped the pardon would now soon arrive, indeed, he told her then, it was actually accomplished, and only waited for some forms; but those forms must likewise be attended with a further advance of money, and he put it to her how much more she would give if he compleated the contract; she said, she would endeavour to make the six ten guineas, she would give him other four guineas, but she had it not, she would give a note for it: Oh, no, he said, that would not do at all, how should he get paid when the son was discharged? - The poor woman had it not, and therefore she could not advance it; this man, with a ferocity and brutality that degrades him beneath the character of man, immediately replied, d-n her blood, he would do no more for her then; nothing could satisfy him, and though she had advanced all this money he would, leave her, after having raised her hopes, he would leave her in that state of despair and despondency. In this situation the poor woman had an opportunity of representing the matter to the persons who have sent me here. The pretence is, that he had great influence with his Grace the Duke of Portland. You know, Gentlemen, that that Nobleman is at the head of the Administration; you know too, that it is the province of his Majesty alone to dispense pardons; and that this unhappy woman's son could only obtain it from that fource; and it is the most important, and, I believe, I may take the liberty of adding, the most pleasant prerogative of his Majesty; and I am sure I ought to say, that none are treated with greater mercy than through the medium of the noble personages whom I have stated, it is extended, in all proper cases, without influence or interest; and it is not to be bartered for money, there is no interest, no influence that can obtain it; I shall be under the necessity of troubling his Grace to state, merely for form's sake, whether he had any such influence as he pretended, in order to prove the allegations in this indictment; I shall put the same question to the other persons, and I am sure, when the charge is proved, you will be happy to protect those unhappy persons who are too often the prey of men in his situation.
CLAUDIUS STEPHEN HUNTER sworn. - Examined by Mr. Fielding. - Q. Have you the record of the conviction of John Saunders ? - A. I have; I have examined it with the original; (it is read, dated 26th of June,1796).
Q. Had you a son of the name of John Saunders? - A. Yes.
Q. He had the misfortune to be convicted, and was confined in Newgate? - A. Yes, he was.
Q. Do you know the prisoner at the bar? - A. Yes, very well.
Q. When did you first become acquainted with him? - A. There was a woman of the name of Sells, who was related to the smugglers that he cleared out of Newgate, and she persuaded me to let her go to him.
Q. When did you first become personally acquainted with the prisoner? - A. The first was he came to me I think the second of July; he had directions where to find me from sells; either the first or second of July, I cannot tell which.
Q. Do you recollect what day of the week it was? - A. It was on a Saturday he came to my house; I did not see him when he came; I was out at a day's work; the first I saw of him was on the Sunday afternoon; the first word he asked me was, if I had not a son in trouble; I told him I had; he said, he could be of great service to him, but it would be attended, with a very great expence; I told him I was but a poor woman; but I would give all that lay in my power; he said, he was a poor man at times himself, sometimes a gentleman, sometimes a poor man, sometimes a room-keeper, and sometimes a house-keeper; and he told me that he was serjeant under Sir Watkin Lewes in the City militia ; he asked me what I would agree to give him to get my son on board one of his Majesty's ships to serve on board of a man of was, I told him I could wish him to serve his Majesty, as he had been in that glorious engagement of the 1st of June, and had received a wound, I should wish him to serve his Majesty again; he told me he could do it with a great deal of ease; he said he had cleared the smugglers, which was a great deal harder than to clear a criminal, because they were against government, and if I would give him five guineas, he would make no doubt that he could clear him in a very little time to serve his Majesty; I agreed to give him the five guineas, and he told me if he did not clear him to serve his Majesty on board a man of war, he would return me every halfpenny of my money again, but he made no doubt he could do it, and that in a very short time; he said he had such an influence with Mr. Baldwin, and if he went to the Duke of Portland's and knocked at the door, he was introduced when many that came in carriages were sent away; he told me he would not ask me for any more money till he was cleared on board a man of war.
Q. You have told us of his Grace the Duke of Portland and Mr. Baldwin; did he mention any other person? - A. Yes, the groom of his bed-chamber; he mentioned him a great many times; I told him I had but three guineas by me then, but the next day I would give him the remaining two; the next day he came for the remaining two; he had three on Sunday and two on Monday; he said, he did not doubt but he could do it and very soon, and if his free pardon came down I must not be surprized; I did not see him again for about a fortnight; he said Sir Watkin Lewes was a very good friend of his, as he served him in capacity of serjeant in the City militia; he called after that, and told me he wished me joy, all was settled, and shook hands with me.
Q. Did any thing more material pass at that second meeting on the Monday? - A. In the course of a fortnight; he wished me joy, and told me all was finished; he asked me if I would let him have a couple more guineas; I told him it was not in my power, I had not got them by me, and he said, would I meet him in Newgate on the Sunday, and let him have one; I did, and one more he had of me, I gave it him in the condemned room in Newgate; a gentleman went with me to see my son, he shook hands with him and wished him joy of his friend, his pardon was coming down in the course of a week; nothing more passed at that meeting; I came away and left him; in about a fortnight or three weeks he called upon me again; he told me all was settled, and asked me to let him have two more guineas; I told him it was not in my power to let him have it; I told him my agreement was five guineas, and he had extorted another from me, and I would give him no more; he put himself in a very great passion, and said, d-n his blood if he would do any more for him, and would stop what he had done for him; he told me that he had saved his life; I said, no, he had not, for Sheriff Liptrap saved his life, if his life was saved, for he had presented a petition; then, he said, it was the smugglers' affair, they had promised him thirty guineas, and he had had but thirteen, and he saw I meant to do the same; he asked me what money I would give him of my own generosity, if his pardon should come down; I told him six guineas he had had, and four more I would give him, which would make ten guineas; what is ten guineas, he said; a great deal, says I, for such a poor woman as I am, and he asked me how he was to come at this money; the remainder I told him I would give him a note of hand for; he said, that would not do; says I, if I sell my
Q. Did he accept it? - A. No, he said that would not do, it was not enough.
Q. You were not in a condition to raise any more money? - A. No; and I was sure then he was a defraud, because he was so very fluent with the names of so many great people.
Q. What use did he say he should make of that five guineas? - A. He said, it went through so many different channels, that he should not have a halfpenny left for himself.
Q. And how was he to deal it out? - A. Through different channels.
Q. It was not all to go in one channel, then? - A. No, in different channels.
Q. Did he tell you how much was to go in one channel, and how much in another? - A. No, but that it was to go in different channels.
Q. Then, I take it for granted, this broke off your treaty? - A. I did not see him any more for some time.
Q. About how long might it be before you saw him again? - A. I cannot say how long a time it was, but it was before the sentence passed for transportation; I believe it to be about a week or ten days before; he wrote to me after that.
Q. Have you that letter? - A. I gave it to Mr. Raven.
Q. Did you see him after you had received that letter? - A. No, not till I saw him at Bow-street.
Q. How long was it from the first to the conclusion of the treaty? - A. It was when sentence was passed for transportation.
Cross-examined by Mr. Knapp. Q. You stated just now, that it was in consequence of a recommendation from Mrs. Sells that the prisoner was first introduced to you? - A. Yes.
Q. And he was first introduced to you in consequence of his having been the means of some smugglers having been liberated from Newgate upon a charge against government? - A. Yes; that he could clear a criminal better than a smuggler.
Q. Whereabouts is that? - A. No. 6, Buckler's-alley.
Q. Look at the prisoner at the bar? - A. That is the same person.
Q. Do you remember his coming to the house of Mrs. Keys on the 2d of July? - A. I cannot say, but it was on a Saturday in the month of July.
Q. About what hour of the day? - A. I cannot be positive, it was in the afternoon.
Q. What did he come there for? - A. He asked for Mrs. Keys; I told him she was not at home, she was out at work; and he asked me if Mrs. Keys had not at that time a son in trouble, and I informed him that she had; he told me his wife -
Q. You mean the wife of Saunders? - A. Yes; that Saunders's wife had made application to him for relief; I told him she would be at home tomorrow; he said it would be attended with a great deal of expence; he seemed to be dubious that Mrs. Keys, being a poor woman, she could not pay it, as I had informed him she was out at work.
Q. What more did he say then? - A. He told me he would call on the morrow, and that was all that passed at that time.
Q. When Mrs. Keys came home, you had a conversation with her? - A. Yes; on the morrow he came, and I was not there; I saw him on the Monday there; Mrs. Keys called me down to see the money paid; I saw two guineas paid; I did not see the three guineas paid, that was paid before, when I was not there; Mrs. Keys said, that made five guineas she had then paid him; he gave her his hand and word that he would fulfil the promise he had made her; she said, get my son on board of a ship, and he assured her it should be so; he told her she must not be surprised, if in a very short time she heard that he had a free pardon.
Q. Did Mrs. Keys mention her situation in life to him? - A. Not that I heard.
Q. Did you ever see the prisoner after that time? - A. I have met him coming out at the door.
Q. Mrs. Stubbings was likewise there, I believe? - A. Yes.
Mr. Fielding. We will save your Lordship the trouble of hearing her evidence; it is only to confirm the other.
Cross-examined by Mr. Knapp. Q. Mr. Knowles said, it was in consequence of Mrs. Saunders desiring him to come to Mrs. Keys, that he had done so? - A. Yes.
His Grace the Duke of PORTLAND sworn. - Examined by Mr. Garrow. Q. I would just ask your Grace, whether the prisoner had any influence with your Grace to procure pardons? - A. Certainly not.
Mr. BALDWIN sworn. - Examined by Mr. Garrow. Q. Had the prisoner any such influence with you, as the evidence has represented? - A. Certainly not.
Court. Q. What is the office which you hold in the Duke of Portland's office? - A. It is a confidential one; matters that are referred to his Grace go through my hands, with such observations as occur to me upon them.
Cross-examined by Mr. Knapp. Q. In the course of your situation with his Grace, which you have stated is a confidential one, have you seen Knowles
Q. Was it upon the subject of obtaining pardons, or soliciting for a pardon? - A. I don't know whether it was for the purpose of soliciting, but I think he was the man that brought a petition to me for Gee and Richards, and I think he said he brought it from Sir Watkin Lewes .
Q. Gee and Richards, I believe, afterwards received his Majesty's mercy? - A. They were imorisened some time, but being represented as good seamen, they were sent to sea; soon after, this man, I think, brought another petition; whether it was for Saunders or not, I don't know; but the moment he brought that second petition, I asked him how he came to have any thing to do with such things; I then began to suspect that he was improperly employed in that business, and I then told him that any petition that he should bring after that, would not be attended to, because I had great reason to suppose that he was acting improperly; I forbad him coming to the office upon any such business; notwithstanding this, I believe a day or two afterwards, I met him coming from Burlington-house; I then asked him how he could have the assurance to come upon any such business there, after what had passed between him and me; and I can venture to affirm, that he never had any influence or chance of succeeding with me after that time.
Mr. Garrow. I will now ask you, as we find from my learned friend's examination that this man had seen something of the way in which pardons are obtained, could he state truly, that in order to obtain a pardon, money should go from one channel to another? - A. It is very fit the Court should know, and it is very fit the public should know, that there is not one farthing expence attending it, and whenever a pardon is granted, it is without one farthing expence.
Q. Has he a post of any kind with you? - A. He was recommended to me as a serjeant in the London militia, and I told him he appeared to be too old for that service, but afterwards I mentioned that I would make him a temporary serjeant, and that was the way in which I came to have a knowledge of him.
Q. Had you any further knowledge of him, or he of you, than that? - A. None antecedent to that time; subsequent to that time he was in the regimental employ.
Q. Had he any influence with you, so as to have carried any influence that you might have had in any other channel, with respect to procuring a pardon? - A. Not the least, on the contrary, he desired me to give a letter to the Duke of Portland or Mr. Baldwin, and I positively refused; I told him that I never did write to the Secretary of State for favour of any prisoner, unless it was upon a petition signed by respectable people, certifying as to the conduct of the man antecedent to the offence committed.
Mr. Knapp. May it please your Lordship. Gentlemen of the Jury. In the course of the little experience which I have had in this Court, a case of more importance to the interests of the public, and of much importance to the prisoner at the bar, I have never yet had the honour of defending. Unfortunately for the prisoner at the bar, it has fell to my lot to defend him upon this occasion, opposed to one at least, or two of my learned friends, who, in this Court, for many, many years, have practised with honour to themselves and advantage to the public; men who have conducted prosecutions, and conducted defences too with equal honour to themselves and to the public, and have had more experience considerably than the person who now has the honour of addressing you; but satisfied I am, that not with standing I have powerful opponents, not with standing my learned friend has been able to excite your attention, and to raise your passions against the prisoner at the bar, you will, as honest citizens, not give a verdict against the prisoner, from any eloquence that may have belonged to my learned friend to state, nor any observations he may have made unless they are warranted by the evidence which afterwards comes out.
Gentlemen, after making an apology to you for the inexperience with which I am possessed in conducting defences of this fort, I hope I shall not be considered as trespassing upon your time in making some observations, and those observations at some length, in favour of the prisoner at the bar. Gentlemen, first of all my learned friend has stated to you, that this prosecution is of importance to the public, certainly it is of importance to the public, that the poor wretches in Newgate, and who are soliciting pardon by any means, should not have their money taken out of their pockets by fraud, or any thing like what is charged in this indictment. Gentlemen, at the same time give me leave to make an observation upon the statement of my learned friend, although it is of the importance which I have been just stating to you, there is no labourer but what is worthy of his hire; and if he is employed, it follows, as a necessary result of that employ, that he should be paid for it. My learned friend has stated this to you to be a most abominable plunder; a most abominable plunder indeed it is, it that plunder has been made by the defendant at the bar from persons in the situation of the prosecutrix, without procurement or employment of theirs, without any solicitation on their behalf to those persons who had the power to interfere with his Majesty as well as they could by representations to his Majesty to obtain mercy of the King, certainly it follows, that if he made that solicitation to those who were in the consisience of his Majesty, then I say he would be entitled to something for the labour he had been at, and then he would not be liable to the observations my learned friend
Mr. Garrow. I mean to say, I wish it was such a case that he could be hanged for it.
Mr. Knapp. Gentlemen, I wish to impress that upon your minds; my learned friend has now stated it broadly, and for which I am obliged to him. Gentlemen, the question upon this record is, first of all, whether this person pretended that he had any influence with the three personages whom he represents to have had influence with? Now, unless the prosecutor is able to make that out, I apprehend, subject to the correction of his Lordship, you will not be able to find a verdict of guilty against the prisoner; for the indictment first of all states, that he was acquainted with the Duke of Portland; that he had influence with the Duke of Portland; that he had influence with Mr. Baldwin; and, I think, that he had influence with Sir Watkin Lewes. Now, from their own state of the case, how is that made out? Is it not clear that he must have had some fort of connection sufficiently to use his endeavours to solicit that which was the object of the person who employed him? The Duke of Portland, nobody could doubt it if he had not been here, I would have admitted it, the Duke of Portland could not be supposed to hold any sort of conversation with a man of the description of the defendant. But, Gentlemen, does it follow from thence, that because the Duke of Portland himself has had no conversation with this man upon the subject of pardons, does it follow from thence that the statement of the defendant at the bar, that he had influence with the Duke of Portland, was itself a false representation if the prisoner at the bar (and I put it in this way), had been at the Secretary of State's office for the purpose of soliciting pardons, the Duke of Portland being Secretary of State for the Home Department, and the business of pardons coming within his jurisdiction, and subject to his controul in that officer; then I fairly ask you this question, whether it might not be perhaps wrong in terms to express it, that he had influence with the Duke of Portland? But I put it to you fairly, whether a man having solicited pardons at that very office, and succeeded, might not have some reason to suppose that he had some sort of influence which he might exert for the purpose of obtaining that for which he was employed? If that observation, made as it is by me, has the good fortune to be attended to by you, look then at the next subject matter in the indictment, and see whether it applies to a very honourable friend of mine who was at the bar, but has lately seceded from it; that gentleman has stated himself to be in a confidential situation in this office under the Duke of Portland. Has the man stated that to be a falsity which is stated upon the record to be a falsity? Had he no influence with Mr. Baldwin? Mr. Baldwin says upon bath he had not; but what one man may consider to be an influence, having been successful in making the application, and what another may suppose is a widely different thing, Mr. Baldwin is a person to whom applications of this sort are regularly made; why then Mr. Baldwin is applied to; it is not a story made up by this man, and no solicitation used upon the occasion, but Mr. Baldwin applied to by the prisoner at the bar, for what? He is applied to by the prisoner, upon a petition presented at the instance of two persons who were in Newgate at that time, charged with an offence against the revenue laws of the country, and that petition was attended to at this presentment, at his solicitation. Why then, Gentlemen, really, when once you have got so far as that, is it not fair to make this observation, that he had a reasonable ground to hope and expect that an application of a similar nature, not exactly similar, because one was a criminal offence, and the other an offence against the smuggling laws, had he not reasonable ground to expect a similar petition would be in a similar manner successful. Then is not that a negative of the second statement upon the record, or might not he reasonably suppose, that an application of a similar nature would be attended with equal success, whether he was right in that supposition or not, is not the question; but if he uses endeavours to do so, I should argue, and I hope you will be of the same opinion, that he had ground to believe that he should succeed; he makes application to Mr. Baldwin, who would represent it to the Duke of Portland; why then we have got as far into the record as his Grace the Duke of Portland, and with respect to Mr. Baldwin.
Now it was asked by the learned gentleman who conducts this prosecution, and was pressed upon Mr. Baldwin in consequence of a question put by me; my learned friend is counsel for the prosecutor, and I am counsel for the defendant; sorry, I am, that I put questions that the prosecutor takes advantage of; but, gentlemen, that is an assertion that cannot be made against me in the present instance; I asked Mr. Baldwin that which it was my duty to ask him, in order to know whether this man had made any other application than that that I have now stated to you, the smuggling one. Mr. Baldwin states, that he did make another application, but in answer to my learned friend, he says, he forbad him to make any more; and it is meant to be inferred, that this man afterwards must know that any application of that sort must sail, and that therefore he had taken the money, knowing it must fail.
Now, is that a fair argument to be used against a prisoner standing in the perilous situation in which he stands; there was an application, Mr. Baldwin thinks, in behalf of a man of the name of Hill; certainly it was so, and Mrs. Hill has indicted the defendant for a similar offence, and I suppose that will by and by come before you. Well there, Mr. Baldwin, said he, forbad him to come any more, but when Saunders was in Newgate, does it follow, that because he said he forbad him to come any more, that through any other channel, he might not succeed in getting himself introduced to persons in confidence with his Majesty, who might, with his ministers, consider whether it was a fit case for mercy or not; therefore, I hope that last observation of my learned friend will not have the effect it is intended to have.
Now, gentlemen, it has been pressed upon you, that this poor person in Newgate, or at least the representative of the poor person in Newgate, has been cheated and defrauded of money by the false representationsWatkin Lewes it may be said has nothing to do with the government of the Country, or granting of pardons. I expected Sir Watkin Lewes, when my learned friend put that question to him, would answer it as he did, that he has no power nor influence over the granting of pardons; but does it follow, that because Sir Watkin Lewes had no influence or authority, that a man, placed in a confidential situation with a person known and notorious for every thing that we must admire in Sir Watkin Lewes to the public, might not by some application that he might make on the occasion, might he not reasonably suppose that Sir Watkin Lewes would be induced to do that for him, when he had been inclined to do so favourably for him in his regimental capacity; then, if I have made myself understood, he cannot be said to have induced them to part with their money under a false pretence; for if you find that he has made applications where pardons might come through different channels down to the delinquent, if he has done that, there is an end to the intention charged in this indictment; then, Gentlemen, the case will rest upon the other circumstances which have been stated to you by my learned friend.
Gentlemen, Does the defendant come voluntarily into this business? Does he offer himself to the person he is said to have defrauded? On the contrary, you have it in evidence from two of the witnesses for the prosecution (from the character the man had, and from the influence he was supposed to have, and which he indeed had, for he succeeded in it in one instance - he was applied to, because he had succeeded in it, at the desire of the wife of Saunders), Saunders sending to him, and be going in consequence of that solicitation; why then it is not like this case which I might put-if a man, meaning to defraud another of his goods or money, was to come to me and say he could get an official situation for me, because he had an opportunity of getting it, and that he knew he could get it. and he offered to do it voluntarily, and comes to me in the first instance, when in fact he knew at the same time he could not get it. But here, Gentlemen, I wish to impress it upon your minds; it is by the desire of a third person, by the solicitation of the persons themselves; and when he comes to ask for a compensation, they throw in his teeth that he has not succeeded; and that, perhaps, is the gift of this business, that when gentlemen high in office find that pardons may be had by the representations of any body; for that man certainly has made such a representation, as has been stated, to Mr. Baldwin; that Mr. Baldwin believed him, because, with respect to the smugglers, it certainly did succeed. Where then is the intent on the part of this man originally, without solicitation, to do the things alledged to him; by this record it appears that he was employed by the persons who had a right to employ him, and to conside in him because he had succeeded before.
Gentlemen, what I have just been stating to you, seemed to catch the ear and the attention of my learned friend who sits next me; and if he supposes that, for one moment, I, as an advocate for any defendant, in any Court of Justice, can mean by any argument or any observation I could state to a Jury, to cast the least shade of any thing like reflexion upon the honourable Gentlemen that I have seen upon the bench to-day, I hope they will give me credit for saying, I mean no
Gentlemen, I charge, as I said just now, no one person with any abuse of office; but all offices, from the highest to the lowest, at all times, have had abuses creep into them; and perhaps the inferior avenues to that office may be open to the solicitations of persons in the situation of the prisoner. Gentlemen, the prisoner instructs me to say to you, that in the Secretary of State's office there were persons in inferior situations, very inferior indeed, who might make false representations to the prisoner. I think there was a person of the name of Noble; who he is I know not; I think I have read in the papers of a Mr. Noble having been examined; but I believe the situation of Noble was something like that of an inferior servant or groom in the Duke of Portland's family. That person be he whom he might, the prisoner was acquainted with, and also another servant of the Duke of Portland's; what influence they may have I certainly cannot state; but it will be sufficient for me, that the prisoner supposed that, by the influence of the servants of a great man, he would probably meet with success in the application which he fought for. Now it seems from this statement to me, that he made application to Noble; what Noble did upon it I cannot state to you, because he is not here to be examined; but Noble certainly might have been found to be examined upon the subject, and the other person also at the Duke of Portland's house, to have stated what passed upon the subject; but it is quite sufficient for me, if he supposed, from knowing the inferior parts of that great man's family, that he could have such influence by such means, if he did suppose that, he could not have the criminality intended to be attached to him by this indictment.
Gentlemen, if that observation makes any impression upon your mind, it will be a strong thing in favour of the defendant; because, added to his application to those persons who were likely to be of use to him in his solicitation, his statement of a knowledge of those persons, of one of whom, Mr. Baldwin, he certainly had a complete knowledge; couple them together, and then see, if you can, where is the criminal intent on the part of the defendant, and you must be satisfied, that that criminal intent is to be found, first of all stated upon the record, and afterwards proved as it is stated. Gentlemen, my learned Friend has stated to you, that when he represented that he could get a pardon he must know he could not get it, why we all know it; if you or I were to apply at the Secretary of State's office neither of us could get the pardon; but the question I put to you is this: Could I, by presenting a petition, put it in a situation in which it might be presented to his Majesty? - Has that been done? - It was done in one case, as was stated by Mr. Baldwin. Then was not that a reason why the defendant should hope it might be done in another? - If it was, then the man has used his endeavours to do that which he set out with; and it is not because the pardon was not had that he is guilty of the offence; it is quite sufficient for me that he has used his endeavours to solicit that pardon where it was to be had, and the only way to do that, was by applying to my friend Mr. Baldwin, and then by his representation to the Duke of Portland, and then by his Grace the Duke of Portland to the fountain of mercy in this country. Why then, if that be so, is it not a strong point in favour of the prisoner? Is that any thing like a man coming with the prosessed design to cheat and defraud? Or is it not at the solicitation of somebody else that somebody else connected with the dearest interests of the person he applies for, and then couple it with the means he takes to obtain it, and see where is the false representation stated in this record.
Gentlemen, I shall concluded the observations I have been endeavouring to press upon you as well as I was able. Feeble, I am afraid, my efforts have been; but my wishes for my client have been strong; I hope, therefore, you will not think it necessary for me to apologize for taking up such a portion of your valuable time, when you consider the weakness of the advocate on the one side, and the powerful eloquence of my opponent on the other, with all the ability that the Crown could procure upon the occasion. Gentlemen, I have had disadvantages to struggle with upon this subject; till this morning never did I see the indictment: not that I wish to be understood by any means to cast a shadow of blame upon the prosecutors, whose liberality has furnished me with a copy of it since I came into Court. But my attention was directed to another indictment against the prisoner, and upon which probably hereafter you will have to find your verdict one way or the other. I was really induced to believe that indictment might have come on first; however, I have now seen the indictment that is before you. I have made my observations as well as the time would permit me upon the record. I have stated the law as laid down by the first Judges in this land, I have stated the observations
One of the Jury. (To Mr. Baldwin). Q. Are applications of the kind that are said to be made, when presented by individual persons in the family or office of the Duke of Portland, likely to meet with success earlier or later than if they came from another quarter? - A. I never recollect one being presented by any body in the office.
Q. Then persons in the family of his Grace have no reason to suppose that petitions coming through their hands will be attended to more speedily? - A. I rather think that petitions coming in that way would not meet with so good a reception as coming from any other person.
For the Prisoner.
Prisoner. My Lord and Gentlemen, my counsel has said so very much in favour of me, that I trust the clemency of the Court will hear me a few words. After the smugglers had been enlarged, and that I had the honour myself of accompanying Mr. Kirby, whose veracity this Court, as well as the public in general, can have no dispute or doubt of; in a few days, sometime after this, my Lord and Gentlemen, I was going up from Sir Watkin Lewes 's, being a very wet day, with an umbrella in my hand, I met Mr. Baldwin near Cockspur-street, I saluted him, as I had a very just right; at the same time, Mr. Baldwin was pleased to ask me what became of the smugglers, I told him I believed they were on board a ship; at the same time I had a petition for Sylvester Hill, and for this John Saunders. I mentioned that I had gone with Mr. Kirby on board the Tender with the smugglers; they had entered into a bond, and Mr. Baldwin took their recognizances, as Mr. Baldwin had expressed that some tricks sometimes are played by those people who have a pardon, by getting themselves arrested, and prevent their going on board of ship. My Lord, I have solicited for three different persons to go to sea; his Majesty's service I had at heart when I was in my younger years, and now I am in my older years. Mr. Kirby happened to be in view, and I said to Mr. Baldwin, there is Mr. Kirby himself; when Mr. Kirby came up, I saluted him; we walked on as far as Mr. Drummond's banking house door; it rained, and I begged the honour to hold the umbrella over Mr. Baldwin's head; he said, Knowles, I wish you would step down to the Treasury-gate, and desire my carriage to come up; I went down to the Treasury-gate, I saw no carriage, I returned, and met Mr. Kirby with the umbrella, when he told me Mr. Baldwin had seen his carriage, and desired him to meet me; we walked to the Adelphi, and I parted with Mr. Kirby. I shall only appeal, whether this is true or not, to the testimony of those worthy gentlemen, Mr. Kirby and Mr. Baldwin.
JOHN KIRBY sworn. - My Lord, what he has said is a fact, that Mr. Baldwin and I met, and he came up, Mr. Baldwin came up and asked me who he was, and I told him that he had procured a pardon for the smugglers, and who was to have some money from them, and he reprobated his conduct.
Mr. Baldwin. I dare say it is exactly as Mr. Kirby has stated, and that brings to my recollection, that that circumstance was the cause of my suspecting him.
Court. Gentlemen of the Jury. The prisoner at the bar stands indicted for a fraud, and the indictment charges in the first place, that a person of the name of John Saunders was a prisoner under judgment pronounced against him for a felony whereof before that time he had been convicted. Next, that the prisoner represented himself to Ann Keys to have great interest with certain persons, namely, the Duke of Portland, Sir Watkin Lewes, and Mr. Baldwin, and that he could and would procure his Majesty's most gracious pardon to be granted to John Saunders; and that in order to procure that pardon, he must have a certain sum of money entrusted to him, to be paid away by him, one guinea into one channel, and another guinea into another channel, and that no part of it was to go to himself; that she gave to him three guineas at one time, two at another, and one at another.
Now, Gentlemen, the necessary ingredients to constitute a crime of this nature, namely, the obtaining of money under false pretences, under the act of the 30th of his late Majesty, are, that the party shall represent himself in some situation that he is not, or, as it happens in most cases, shall represent that something has happened which has not happened, or is to happen, which he has no reason to expect will happen. The next ingredient is, that he shall have money; and, the third is, that it shall be with an intent to defraud.
Now I caution you, in the outset in this stage of the business, to refresh your minds; keep them cool, and
Gentlemen, it has been stated, that this man, having succeeded in the business of the smugglers, might lead him to suppose that he had some influence. You have heard from Mr. Baldwin and Mr. Kirby what passed, and Mr. Baldwin tells you, that was the cause of his suspecting him. The question therefore will be, whether the sort of influence that he spoke of was that kind of influence which merely arises from having handed petitions to the office, or being acquainted with some person who might be ministerial; or whether he was to be the virtual party who was to carry forward the petition, or stop it if he thought proper.
With respect to the defraud, five guineas were first stated as the necessary expence; three are received; two more are given; afterwards one more is extorted; and, after all, there was to be something left to her own generosity, which answers the observation, that a servant is worthy of his hire; for he represented, that no part of it was to go into his own pocket, and the rest was to be left to her generosity.
Now, in answer to this charge, you have two witnesses called to you, who tell you they have known him, one of them twenty years, the other twenty-four, and who give him a good character.
Gentlemen, you will take the whole into your consideration, and consider those three points that I stated in the outset, whether he represented himself to be in a situation by which he had influence to carry forward a petition, or to stop it at his pleasure. Secondly, whether the intent was that of defraud; and, Thirdly, whether he did, in fact, receive the money he is so stated to have received. You will likewise take into your consideration the inuendos in the indictment; of the Duke of Portland there can be no doubt that he is the person intended; of Mr. Baldwin, I think there can be but little doubt; and of Sir Watkin Lewes , there can be no doubt at all about his being the person intended. If you are of opinion that all these points have been proved, you will find the prisoner guilty; if, however, for any reasons that occur to yourselves, or any that I have stated, you entertain any doubt upon those points, it will be your duty to acquit him.
GUILTY . (Aged 65).
Transported for seven years .
Tried by the London Jury, before The LORD CHIEF BARON.
Mr. Const. May it please your Lordship. Gentlemen of the Jury. You have already collected from the indictment which you have heard read, that you are called upon on one of the most awful, and, perhaps, at the same time, the most unpleasant duties that can devolve upon any set of men whatever, because, not only are you to pass, by your verdict, upon the life or death of the prisoner, but, at the same time, you are to bear in mind that he stands there to answer for having deprived a fellow creature of life.
Gentlemen, the circumstances in which the deceased, met his death are very short. The prisoner, who keeps a house in Greenfield-street, Whitechapel, had a lodger, a young woman of very good character, though moving in a very humble station in life; this young woman was taken much notice of by the deceased, a young man of twenty years of age; he seemed to have a very great attachment to her, and which was likely to have been attended with a marriage, upon his return from a voyage upon which he was about to set out. The deceased frequently met at the house of the prisoner, and having engaged to set off on a voyage the next day, he came to take his leave; and, with a sort of anxiety, which was very natural upon such an occasion; after he had taken his leave he again returned to the house, and, I believe, a third time, finding it irk some to leave a house to which he seemed so much attached; however, about half past ten he came back, in the interim she had gone to bed; he knocked at the window, which was the usual signal for being let in, with the knowledge of the prisoner, he was told that he could not be let in that night
Gentlemen, I shall abstain from all observations upon the law of this case, because it will come much better from an authority, which will be much more satisfactory, and much better applied to the facts than any statement of mine. Gentlemen, it is in fairness upon this occasion where the investigation of truth is the only object to be obtained, that all those who have already given any information should be called, that those whose duty it is to defend the prisoner (and here he will be very ably defended) may have an opportunity of examining them; I shall therefore call them, but you will find, in the course of their testimony, first, that this man was in no doubt who the person was that he so fired at, that he was not only sufficiently acquainted with him to permit him to come to the house, but seeing him so much attached to this young woman, and he being a man in the habits of life, in which he was not perhaps accustomed to the indulgences of life as we on shore are, frequently obtained permission of him to remain in the house all night, that when he went out, instead of evincing any intention of getting assistance, he went to this house, where he procured the pistol, and afterwards himself, coolly and deliberately loaded that pistol. Gentlemen, there is another circumstance which seems to me to bespeak a least at want of feeling that is beyond all pardon, that, when he had shot this young man, after the only provocation that I have stated to you, he left him in a dying state, without offering him the least assistance. Gentlemen, I shall abstain from any further observations; the humanity of the learned Judge will point out to you every thing that may arise in behalf of the prisoner, and you will have the law laid down if any thing shall arise distinguishable in this case, to enable you to pass a verdict properly, according to your oaths, and, at the same time, with mercy to the prisoner.
Q. Where do you live? - A. I live now in Greyhound-lane.
Q. Who kept that house? - A. Cunningham.
Q. What was he? - A. He was a young man that used to visit me; he was at our house about half after six o'clock that night, he staid about ten minutes or thereabouts.
Q. Did Cunningham see him? - A. Yes; he stood at the window at that time with a child in his arms, he returned again about nine o'clock, he did not come in then; he tapped at the window, and I went up stairs to him; he said, Nancy, I want to speak very particularly to you; I said, what do you want, we are going to bed; said he, you must come over with me to the Prince of Orange, and have something to drink, and I said it was rather too late, and I would not go, but he laid hold of my hand, and he would make me go; he called for a pint of two-penny, we had it at the door, we staid about ten minutes, and then I returned; there was another young fellow came by, and said, Henry, are you there, how do you do? and I told him I must go home to bed, and I left him directly with that young man.
Q. Did you see or hear any thing afterwards of him? - A. He sent the boy from the White-hart with a pot of beer to the window, that was about twenty minutes afterwards, I was in bed then.
Q. Did any body sleep with you? - A. Yes, Mrs. Evans and Mrs. Cooper, they were both in bed at the same time; when the beer came, the boy called, are you in bed? I said, yes, he said, here is a pot of beer that the young man has sent for you; I told him, we were all in bed, and would not take it in; the boy carried it back, and then they both came back together, the deceased and the boy; Mrs. Evans then got out of bed and spoke to the deceased; says Wood, Mrs. Evans, take the beer for I cannot drink it myself, and I have paid for it, it is a pity it should be wasted; Mrs. Evans went up stairs and took the beer in, he said, he wanted to speak to Nancy very particularly, I heard him say this; Mrs. Evans said, Nancy
Q. Was he dressed or undressed? - A. I did not see him, but suppose he was undressed; I heard his wife say something about a poker, and he went to the door, and told him to go along about his business, or he would charge the watch with him, and then Cunningham returned in again, and he dressed himself, and he went out again to the door, and I heard him say to the deceased, I am going to charge the watch, or something of that kind; and the deceased called three or four times, as he was going along, he says, Cunningham, Cunningham, I say, come here, Cunningham, come here, but he would not answer; and Cunningham returned in the course of ten minutes, as far as I can guess, and the first word he said, was, stand away, or I will blow your brains out, I heard him say that out in the street, and the deceased made him an answer, blow away, and I heard the report of the pistol immediately; Mrs. Cooper and I went up stairs immediately, and I met Cunningham in the passage, he had then returned into the house and shut the door; I said, Mr. Cunningham, did you kill him, says I; say he, I don't know, and if I did, it is his own fault.
Cross-examined by Mr. Knowlys. Q. This certainly was a very unseasonable time, when the deceased came to the house, you were accustomed to go to bed early? - A. Yes; about ten o'clock.
Q. And he was told repeatedly that he could not see you, that you were in bed? - A. He was told so by Mrs. Evans.
Q. He kept continually tapping at the window, and made a great noise? - A. Yes.
Q. And did not he knock at the door? - A. I cannot recollect.
Q. You must know - recollect - did not he make a great noise at the door? - A. I did not hear any knocking at the door.
Q. Don't suffer any feelings that you may have for the young man that is gone, to prevent your telling the whole truth? - A. No; I did not hear him knock at the door.
Q. Cunningham told him through the window, if he did not go away, he must charge the watch with him? - A. Yes.
Q. And he still continued making this noise? - A. Yes; he told him he would charge him with the watchman.
Q. And afterwards, this man continuing to make a noise, he got up and went out? - A. Yes.
Q. When he returned, I wish you to be correct, because there were other persons in the house who heard it, did not you hear him repeatedly call, stand off, stand off, before he fired, repeatedly? - A. No, he did not; says he, stand off, or I will blow your brains out.
Q. Did not he repeatedly say, stand off, stand off? - A. No, he did not.
Q. Mrs. Cooper and Mrs. Evans were equally within hearing with yourself? - A. Yes.
Q. There was a Mr. and Mrs Ramsay lived in the house? - A. Yes, up one pair of stairs.
Q. When the man came in, did not he call out,"Come down, Mr. Ramsay, for I am afraid I have killed the man?" - A. Yes, he did.
Q. As soon as ever he came in, he made up to Mr. Ramsay's apartments, and said, come down, Mr. Ramsay, for I am afraid I have killed the man? - A. Yes; he said, Mr. Ramsay, come down, for I believe I have killed the man; I met him coming down from Mr. Ramsay's.
Q. Did there appear at any former meetings any enmity between this man and the deceased? - A. Not that I perceived.
Q. There could be no cause of quarrel between them till he chided him for making a noise? - A. Not that I know of.
Court. Q. Did you hear any knocking at the door at all? - A. After Cunningham went out he knocked at the door.
Q. In an ordinary way? - A. No; he knocked at the door once or twice after Cunningham went out.
Q. Do you mean that he gave one or two strokes at the door? - A. Yes.
Q. Can you recollect exactly what the words were before the report of the pistol? - A. The words were, stand off, or I will blow your brains out.
Q. Do you remember, on the 12th of December, any thing happening at his house, or near it? - A. I was at the front window opposite the house about twenty minutes before eleven; I heard a noise, and I went to the window to see what was the matter; I saw the deceased knocking at the prisoner's door; he wanted very much to get in.
Q. Was he knocking very outrageously? - A. Not at all.
Q. Merely as a person desiring to be admitted? - A. Yes; he was very much in liquor; he had a
Q. Do you know the situation of the window that the last witness has been speaking of? - A. Yes; the window is close to the door; the prisoner then came out dressed.
Q. Had he in the mean time, before the prisoner came out again, done any thing, or made any considerable noise? - A. No, he had not; he had only stood at the door; the prisoner came out dressed, and passed the deceased; he said something to him, but I did not hear what he said; he was gone about the space of ten minutes, as nigh as I can recollect; he came back with something in his right hand, held up in this manner (describing it); I thought he had got something of a club stick in his hand.
Q. At that instant, how was the deceased employed? - A. He was standing right up at his door.
Q. Was he doing any thing? - A. Nothing at all, only standing in the street close to his door; the prisoner came round the corner from the house into the middle of the street, and pointed something, I did not know what it was, and said something to the deceased, but I did not hear what it was; the deceased crossed over from the prisoner's door, and made up to him, not knowing, as I suppose, the danger he was in; the deceased went up to the prisoner, and the prisoner rather backed and pointed something at him; the deceased was then in the middle of the road, as near as I can recollect, opposite my window; I never went from the window; the prisoner then fired the pistol at the deceased, and he dropped instantly in the middle of the road, opposite my window; the prisoner crossed over and knocked at his own door a double knock.
Q. What distance was he from his own door when he fired this pistol? - A. Some yards.
Court. Q. What distance was he from the deceased when he fired this pistol? - A. A yard and an half as nigh as I can guess; the door was opened, and he was let in instantly, and the door shut.
Cross-examined by Mr. Knapp. Q. You live directly opposite to this house? - A. Yes.
Q. Your attention was directed to this business, in consequence of the repeated enquiries this man was making, and the noise he was making at the house? - A. Yes.
Q. I believe no watchman was by at that time? - A. No watchman.
Q. There is a watchman belonging to that beat? - A. Yes; but no watchman was by.
Q. Did you hear from within the house the prisoner Cunningham make use of any such expression as this, desiring him to be gone from the door? - A. Yes; in the passage.
Q. Was that expression accompanied with this further expression, namely, that he would go for a watchman? - A. No; I did not hear any thing of that kind pass.
Q. You supposed he was gone for a watchman? - A. Yes.
Q. Where he went you don't know? - A. No.
Q. When he came back, he was at a considerable distance from the deceased when he turned the corner? - A. Yes; he kept the other side of the way.
Q. Then it was by the deceased making up to him that he got nearer to him? - A. Yes.
Q. You told me the prisoner was quite on the other side of the road, the deceased was at his door? - A. The prisoner was rather on my side, about the middle of the road.
Q. What was the distance from where the prisoner stood to his own door? - A. About four yards.
Q. And it was by the deceased's own act that he got so near to the prisoner? - A. Yes.
Q. At the time when he was making up to the prisoner, as you state it, did not you hear this expression, stand off, stand off? - A. Yes.
Q. Was that repeated? - A. Yes; it was the prisoner was making back, and he repeatedly said, stand off, stand off, and then he fired.
Q. The prisoner went into the house, and the conversation that passed in the house you know nothing about? - A. No.
Q. What might be the prisoner's general character in the neighbourhood? - A. I always looked upon him to be a very sober, decent man; I do not know a great deal of him.
Court. Q. If I understand your account rightly, it is, that the prisoner at the time was at a distance from the deceased, and the deceased made up to him; could you distinctly see the manner in which the deceased made up to him? - A. Yes; he was so much in liquor that I was afraid he would fall down.
Q. Did he use any gesture, or any threatening expression? - A. No; I did not hear any thing.
Q. Was there any thing threatening or terrifying in the posture or gesture of the deceased? - A. Nothing at all of the kind.
Q. He was very much in liquor? - A. Yes, so much so, that I was afraid he would fall as he made up to him.
Q. Were you in the room with your mistress on
Q. Could you distinctly see all that passed? - A. Yes; my mistress gave the first alarm; upon hearing the noise of a man very much in liquor, I looked out, and saw the deceased knocking at the door; soon after that the prisoner came out in his shirt.
Q. Had he any thing with him at the time? - A. No, I did not see any thing that he had; the prisoner said something to the deceased which I did not hear; when the prisoner found that the deceased would not go away, he went in.
Q. Did he shut the door after him? - A. Yes.
Q. What became of the deceased then? - A. He still kept at the door, and knocked several times, and tried at the latch, and the prisoner came out afterwards, dressed, and said something to the deceased that I cannot tell; he went across the way round the corner, as we thought, to get a watchman; the deceased still kept outside of the door of the prisoner's house; in four or five minutes he returned; he came along the road; he had something in his hand, I could not tell what it was; he came along the side of the way opposite his house; the deceased was then still standing at the door.
Q. Was he doing any thing? - A. No; and when the deceased saw the prisoner come, he made up to him.
A. In what way did he make up to him? - A. He walked up to him; as the prisoner was in the road, he told the deceased to keep off.
Q. Did he say any thing else? - A. No.
Q. Could you hear all that was said? - A. No; I cannot tell all that was said.
Q. You were in the same room with Mrs. Daniel? - A. Yes; then, as the deceased was going up to him, he let the pistol off.
Q. In what way did he hold it? - A. He held it very exact to the deceased.
Q. But, before that, how did he hold it? - A. He held it down in his hand till then.
Q. When he fired it off, what became of the deceased, and what became of the prisoner? - A. The deceased fell down immediately, first upon his bottom, and then he rolled round on his face; the prisoner knocked two or three times at his own door, and he was let in, and the door was shut.
Q. Can you tell how far they stood from one another when the pistol went off? - A. A couple of yards, or thereabouts.
Q. Was it so far off that one could not have reached the other with his hand? - A. Not cleverly, I think, so far as I could judge.
Q. It was a moon-light night? - A. Yes.
Q. Had he at any time been nearer to him than when he shot him, after he returned with the pistol? - A. No.
Q. You say he went to his own house; do you mean that he went immediately, or that he turned round and spoke to him? - A. No, he went immediately home; he was at that time nearer to our side of the way than his own.
Cross-examined by Mr. Knowlys. Q. I think you say, that before the prisoner came out of his own house, this man had been knocking at the door, and lifting up the latch, before the prisoner came down dressed? - A. He had been knocking at the door, but not lifting up the latch.
Q. You say the pistol went off as the deceased was coming nearer the prisoner? - A. Yes, he was backing.
Q. When a man has a pistol in his hand, and is going back, it is the most likely time for a pistol to go off by accident, as he is going backwards? - A. Yes.
Q. You did not hear what passed in his house afterwards? - A. No, I did not go into his house.
Court. Q. When you saw the deceased making up to the prisoner, did you see him very distinctly? A. Yes.
Q. Then describe the manner of his coming up to him? - A. He was very tipsy, and he reeled.
Q. Was there any thing in his manner that could alarm any person who knew him? - A. No.
Q. Do you know the prisoner, Cunningham? - A. Yes; I never saw him but three times in my life before he came that night.
Q. What time did he come to you? - A. About ten minutes before ten; he knocked at the door; I was very ill in bed, and a little child opened the door, and he asked for Mr. Coombes; I called to the child, and said, what is Mr. Cunningham's business? and then he came up to my room door, and said, he had been running up and down the street a great while to find a patrol or a watchman, but there was none to be had; he said, he was afraid he had got some thieves breaking into his house, and had had for these three nights, and he was so disturbed, that he could not sleep in his bed.
Q. Are you sure of what you say that you recollect it? - A. Yes, perfectly sure; and he was afraid, when he got home, whether he should not find his wife and children killed.
Q. Are you sure that was what he said? - A. Yes; and his lodgers were very much disturbed; then he asked me if I would lend him one of Mr. Coombes's pistols, which hung over the mantle-piece.
Q. Was the bedstead he had been mending in the same room? - A. Yes; the bedstead that I was then upon; I rather hesitated, but, however, he took it down, and he asked me if it was loaded; I told him, no; he said, had not I got a little powder in the house; I said, I did not know whether Mr. Coombes had got any; Mr. Coombes said afterwards, that there was powder and two balls in the room.
Q. Do you know where he got them from your own knowledge? - A. No; he said that would do to frighten them, if there was no powder.
Q. You have been very ill, I understand; recollect yourself again as to the account he gave you why he wanted the pistols? - A. He gave me the account I have told you.
Q. That you are sure? - A. Yes.
Q. And you keep a house that Mrs. Godsrey has just described? - A. Yes.
Q. Do you know whether on the 12th of December you had any pistols in the room in which she slept? - A. I had a brace hung over the mantle-piece.
Q. Have you a perfect recollection whether those pistols were loaded or not loaded? - A. They were not loaded, nor had been for some considerable time.
Q. They are office pistols, I presume? - A. Yes; (produces the pistol); it has been returned to me.
Q. Had you any ammunition in your house that night? - A. I had a small quantity lay upon the corner of the shelf upon the mantle-piece, under the pistols.
Q. Was that there upon the 12th of December? - A. It was.
Q. When you returned, was the ammunition still there? - A. There was a little; some of it had been used.
Q. You know nothing of this unfortunate transaction? - A. Nothing at all.
Court. Q. What did that ammunition consist of? A. Some powder, and two balls; I missed the powder when I came home, and I could not see the balls.
Cross-examined by Mr. Knowlys. Q. You were not at home, I believe, to afford your assistance to the man? - A. No; I was at the other end of the town.
Q. Did you know the deceased? - A. No; I never saw the man in my life, to my knowledge, nor yet the prisoner.
Q. Had you any complaint against any person of the name of Wood? - A. I had a warrant against him.
Q. Do you know if that warrant was against the deceased? - A. I believe it was; it was for taking a watch away from a young man.
JOHN LEE sworn. - Examined by Mr. Const. I live at No. 2, Greenfield-street, right opposite the prisoner's house: On the 12th of December at night, I heard the report of a pistol a few minutes before eleven, and I ran up from the kitchen and opened the door, and saw a man lying in the middle of the street, and no person else in the street; I looked at him, and thought the man was shot.
Q. Was he at that time alive? - A. Yes; I heard him groan three or four times; we lifted him up, but could not find where the wound was; we unbuttoned his collar, but could not see where it was; we lifted him to the step of my door, and there he fetched his last breath; there was Mr. Bull and his landlord; I knew the young man, and mentioned immediately that he was courting a young woman opposite.
Q. That young woman was Ann Hughes? - A. Yes.
JOHN BRYAN sworn. - Examined by Mr. Const. On the 12th of December, about eleven o'clock, I heard the firing of a pistol, it was a very loud report; I was sitting in my parlour, and I went out to the door.
Q. Was Lee there before you? - A. Yes, and several more; they were taking the man out of the road into the foot-path, and I called instantly for a shutter.
Q. And you know nothing more of it? - A. No; only coming back and taking the prisoner.
RICHARD LAUNCEMAN sworn. - Examined by Mr. Const. I am the beadle of the parish: On the Tuesday morning, the 13th, I went to the watch-house upon business, and I went into the privy next to where the prisoner was locked up, and he asked me if I was come to take him out; I told him, no, not yet; I told him I expected the officer about eleven o'clock; I then asked him if he was not the misfortunate man that killed the man last night; he replied, he was; I asked him how it happened, and he told me that the young man, the deceased, came and made a very great noise at his house; he informed me, that he got up and came out into the street to see for a patrol or a watchman, and could see none; that he then went over to Mr. Coombes, to know if he was at home, or not, knowing him to be an officer; he enquired of Mrs. Godfrey, and he was not at home; and then, he said, he asked her to lend him a pistol; that he took it down from the mantle-piece; I
Court. Q. This is what he told you the day after the transaction? - A. Yes.
Cross-examined by Mr. Knapp. Q. There was a watchman belonging to that beat? - A. A patrol and a watchman.
Q. And neither of them were upon their duty? - A. No.
Q. You saw the body of this man? - A. Yes, he was dead before I saw him.
Q. Can you say, whether from the appearance of the wound, that was the cause of his death? - A. No doubt of it.
Q. You knew him, did not you? - A. I have seen him, he was a tall, stout man; a little after ten o'clock, I heard him knock over the grating, and call Nance, once or twice, some of them answered, and he went away, and then a boy came over with a pot of beer.
Q. Do you know all this yourself? - A. I heard it all; they told him, the beer was not for them, for they were all in bed; and then the deceased and the boy returned together, the deceased told them the beer was paid for, and if they would take it in, he would go away about his business; Mrs. Evans went up and took the beer in, and told him to go along; he swore he would not go away, but would come into the house, and she shut the door and came in, and then he jumped upon the grating, and swore he would come in, with very bitter oaths to the girl to make her come up, and she said, she was in bed, he stamped and swore a great while, and then I heard Mr. Cunningham's shutter open, I cannot tell who opened it, but I heard Mr. Cunningham say something to the deceased, and Wood swore at him very much; I heard the sash shut down again; I did not hear any more, till I heard the glass rattle, and the windows broke, but I could not tell how many till next day, and then Mr. Cunningham came to the door, and asked him if he wanted to rob the house, if he did not go away about his business, he would charge the watch with him; upon which the deceased swore very much at him, and told him, if he would come out, he would lick him like a dog, and then I heard a scuffle between them.
Court. Q. What sort of a scuffle? - A. I heard the door bang very much against the wall, both of them against it, upon which my wife wanted me to go down stairs; I told her, no, if Mr. Cunningham would harbour such lodgers, he might undergo the trouble of them, and I would not go down; then I heard Mr. Cunningham shut the door, and immediately that the door was shut, the deceased knocked more violently than he did before, and by and by I heard Mr. Cunningham dressing himself, as I thought, I heard him moving about, he went out and shut the door after him, he said something to the deceased as he passed by him, but I cannot tell what it was; the deceased said something about a shilling, but I could not hear what it was; as soon as Mr. Cunningham was gone, the deceased tried very much to force the door open to get in, and shook the whole house for about ten minutes in trying to force his way; when Mr. Cunningham returned, I heard the deceased trying to force the door open; I heard Mr. Cunningham say, by God, if you do enter my house, I will blow your brains out, to which the deceased made answer, blow away and be d-d; upon which Mr. Cunningham told him, he certainly would, if he did not keep off; the deceased still kept swearing at him, and telling him to blow away and be d-d; the prisoner still kept telling him to keep off, a great many times, and every time the deceased answered him in the same way, and I was just then gone to bed, and I heard him say again, keep off, keep off, very sharp.
Q. Where were they at this time? - A. I did not get out of bed till just as the pistol went off, and then the deceased was lying in the middle of the road, raising himself up.
Q. You saw that very distinctly? - A. Yes; and I saw Cunningham, as I thought it was him, there was nobody else about, come from the other side, where the deceased was, over to his own door.
Q. Who let Mr. Cunningham in? - A. I cannot tell, he came up to me immediately as he was let in, and I opened the door; he said, for God's sake, Ramsay, come down, for I am afraid I have killed him, and threw the pistol down in the chair; when I got down to the door, I heard the people say he was a dead man, but they said they did not know the cause of his death, any more than they heard the report of the pistol, but they could see no blood.
Q. After the prisoner came back, some time must have elapsed after he had returned with the pistol, and before he fired it, for all this conversation
Q. Therefore that, of course, must have been heard by any body who was attending at the time? - A. Yes; it was loud enough for any body to have heard it; it was loud enough for a watchman at the end of the street to have heard it.
Q. All this you heard yourself? - A. Yes.
Q. And what Mr. Cunningham said to him when he went out you did not hear? - A. No.
Q. The knocking then, that you describe after Mr. Cunningham went out, was so violent that all the neighbourhood must have heard it? - A. Yes; the hammering was so violent that it shook the whole house, and my wife was afraid he had forced the spring lock.
Cross-examined by Mr. Knowlys. Q. You have lived some time with this man? - A. Two years next April.
Q. From the observation you have made upon his character, did he appear to be a good natured, easy man, or otherwise? - A. Always; I never saw any thing to the contrary.
Q. What time do they usually go to bed? - A. Between nine and ten; they themselves used to go to bed between eight and nine sometimes; we were very often very much disturbed by this man coming after the girl.
Prisoner's defence. My Lord, I was frequently called up in the night by the lodgers, of thieves breaking into the house; I fetched the pistol to desend my life, and my property, little thinking that the deceased would rush upon me blaspheming in the manner that he did, which was the cause of the pistol going off unknown to me.
For the Prisoner.
Q. You lodged at Cunningham's house at the time of the accident? - A. Yes.
Q. Ann Hughes lodged there as a friend of your's? - A. Yes; I paid the rent.
Q. You knew the deceased, Wood? - A. Yes.
Q. Was be in the habit of coming to see this girl? - A. Yes.
Q. Tell us what you recollect the evening that this matter happened? - A. The first time I saw him was about half past six o'clock, I was going towards Whitechapel, he was coming towards our house; he said he was going to see Nance, and I told him she was there alone; I was not gone above a quarter of an hour, and when I came back he was gone; about nine o'clock in the evening he came again, and tapped at the window, we were eating our suppers, and Nancy Hughes went up to speak to him, she staid with him about a quarter of an hour, and when she came back we asked the reason of her coming back so soon, and she said, she did not like to stay longer with him, she was afraid of him, and then we eat our suppers and went to bed; then, about ten o'clock, we heard a boy come to the window, and cry, holloa, there was some beer for us; I asked him who sent the beer; and he said, the young man over the way; I told him to take it back again, that we did not want it, for we were all in bed; then I went to bed again; in a few minutes after, the deceased, and the lad with the beer, came back again, and I went to the window and told him we were all in bed; and he said, we might as well have the beer, for it was all paid for, and it was a pity to throw it away, and if I would take it in, he would go away directly; I then put my things on, and went up stairs and opened the door, he put the beer into my hand, and pushed against the door, and wanted to come in; then I told him he should not come in, it was too late; and I told him, you know what a piece of work we have had on account of your disorderly hours.
Q. Had he then before come at disorderly hours? - A. Yes, at very disorderly hours; and was very troublesome indeed.
Q. Upon your refusing him to come in what passed? - A. He said he had no place to go to, he must come in; I said, no place to go to, why where is your lodgings; and he said nothing; I told him he should not come in, and I pushed the door against him, and shut it; he said he wanted to see Nance; I told him Nancy was just come from him, and he should not see Nancy at this time of night; then I went down stairs and went to bed; and then he came directly to the window making a great noise, cursing and swearing, and blasting; and he said, Nance had as much right to let any person into the house as I had, for she paid for it, and if she could not he would; he was there thumping and stamping at our window with his foot upon the grating.
Q. You live in the kitchen below? - A. Yes; and I went to him again, and said, how can you be so, why don't you go home; and he cursed and swore, and used very improper language for me to tell here; and I told him, if he would not go I would charge the watchman with him; we were all afraid of him, making such a noise; there were Nancy Hughes and I, and Mrs. Cooper, in bed together, we thought if we were quiet he would go away; and in a few minutes after we heard a pane of glass in our window break, and then we heard him run away; and in a few minutes he came again, and thumped at the window, and made the same noise again; and then the prisoner, Mr. Cunningham, went and opened the shutter, and spoke to him, he sleeps in the parlour over the
Q. Did that appear to be spoken in good temper? - A. Yes; and he made answer, come out, and I will fight you, like another dog as you are; and then Mr. Cunningham shut the shutters and went in, and the deceased was there all the time, stamping at the door, and making a noise all the while; in a few minutes after, Cunningham opened the door and went to speak to him, and told him to go away, the same as he did before.
Q. Did he speak to him then civilly? - A. Yes; then Mr. Cunningham came in and dressed himself, I suppose, I did not see him, and went out again in a few minutes; and while he was gone, he continued making the same noise all the time, stamping upon our windows, and making a noise; when Mr. Cunningham went out he said nothing to him, but the deceased holloaed after him pay me the shilling you owe me.
Q. After Cunningham was gone how did the deceased behave? - A. He was worse then than he was before, knocking at the door.
Q. Was it a knocking such as to alarm the persons in the house? - A. Yes, to be sure; we were all afraid.
Q. Did it alarm the young woman as well as yourself? - A. Yes.
Q. Have you any doubt that she heard all that knocking? - A. She must hear it.
Q. How long did this knocking continue before Cunningham returned? - A. A quarter of an hour, or twenty minutes, as near as I can tell.
Q. When he returned, tell us what you heard pass? - A. We heard a scuffle, and we thought the watchman was coming; I heard Mr. Cunningham say to him, stand off, stand off.
Q. How often do you think you might have heard that? - A. I heard that twice; and then Mr. Cunningham said, if you enter my house I will blow your brains out; blow away, and be d-d, says he; and Mr. Cunningham said, by God I will; that is all I know about it, I did not move out of my bed.
Q. Was any thing said by any body, but yourself, about charging the watch? - A. No.
Q. Had this man before given you any disturbance at late hours? - A. Yes.
Cross-examined by Mr. Const. Q. The prisoner knew of this disturbance? - A. Not so much as we did, we did not with him to know it.
Q. Has he ever staid all night in the house? - A. Yes.
Q. Did the prisoner know that he had so done? - A. I don't know; we did not with him to know it.
Q. Has he slept in the house more than once? - A. Yes, two or three times; when he has been drunk we could not get him out without making a disturbance, and we were obliged to leave him there.
Q. Where did he say? - A. There was a place in the kitchen where he slept, two beds.
Q. You heard a scuffing before the pistol went off? - A. Yes.
Q. What was it like? - A. We thought it was the watchman had come to take him away.
Court. Q. Do you mean a scuffle of pulling one another about, or talking? - A. It was like people pushing one another.
Q. How long was this before the pistol was fired? - A. A few minutes.
Q. After Mr. Cunningham had gone out dressed? - A. Yes.
Q. This window that you speak of being broke, what sort of a window is it? - A. A bow sash window, one of the panes of glass was broke.
Q. Was not that broke by the striking of his stick? - A. Yes; or else by putting his hand through the bars.
Q. You heard him say to Mr. Cunningham, come out, and I will sight you like a dog? - A. Like another dog as you are.
Q. You are sure he said fight? - A. Yes.
Q. He did not say lick, or any thing of that sort, but you are sure of the word fight? - A. Yes.
Q. You had told all this at the time? - A. Yes.
Q. Why did not you go before the Justice? - A. I went before the Justice but they did not call me.
Q. How did that happen? - A. I don't know; I was expected, and so was Mrs. Cooper.
Q. Did you go afterwards before the Coroner? - A. Yes.
Q. And was not examined there? - A. No.
Q. Do you know the reason of that? - A. No.
Q. You knew the deceased? - A. Yes; I knew something of him, very little.
Q. Do you remember his coming to the house on the 12th of December? - A. Yes; I and Mrs. Evans met him first, in Fieldgate-street, about half past six; he asked us where we were going, and we said, we were going to market; he then asked where Nance was, that was the young woman, Aun Hughes, we told him she was at home; he then went towards our house, and we returned home again in less than a quarter of an hour, the deceased was gone.
Q. How soon did you see him after? - A. I did not see him again till about nine o'clock, he came and knocked over the grating with his foot, the young woman then went up stairs to him, she stopped
Q. Did she give any reason why she was afraid? - A. She thought he was very much intoxicated; we then eat our suppers and all three of us went to bed; after we had been in bed some time, a boy came and tapped at the grating over the kitchen window, the boy called out, is nobody here; and Mrs. Evans, or me, I don't know which, said, who is there; and he said, there was a pot of beer; we asked him who sent him; he said, the young man; we told him we were all in bed, and did not want any beer; he went away, and returned again in a few minutes with him; the deceased then called very loud, he said, holloa, are you all in bed, come up and take the beer; Mrs. Evans then got up, and went to the window, and told him we were all in bed, and did not want beer at that time of night; and he told Mrs. Evans, if she would come up and take in the beer he would go quietly, for it was paid for, and it was a pity to waste it, he still kept repeating and calling Nance; Mrs. Evans then went up to the street-door and took the beer in; when she came down, she said he wanted very much to come in; he then went to the grating of the kitchen window, and made a great noise, calling Ann Hughes to come up.
Q. What sort of a noise did he make? - A. With his feet upon the grating; then Mrs. Evans got up again, and told him, if he did not go along she would charge the watch with him; I then heard something at the parlour shutters; Mr. Cunningham lives in the parlour; I then, about a minute after, heard Mr. Cunningham speaking to him; he desired him to go home quietly, for it was a very late hour of the night to come there.
Q. Did he do that in a temperate manner? - A. Yes.
Q. It was mildly said? - A. Yes; he told him he would not go home, and told him to come out and he would fight him like a dog as he was; then Mr. Cunningham went in and shut the window; he still kept making this noise over the grating, and Mr. Cunningham came to the door and told him, that if he did not go along quietly, he certainly would charge the watch with him; he then took hold of the knocker at the door, and rapped several times very violently; then Mr. Cunningdam got up and dressed himself, as I have been told.
Q. Was there any thing particular that you heard at the window? - A. It was as if it was the bolt of Cunningham's window; then Mr. Cunningham went out at the street-door; the deceased was then stamping at the grating, and knocking at the door by turns; Cunningham, when he went out, told him again that he would charge the watch with him; then he went, as I suppose, for a watchman, and returned between ten minutes and a quarter of an hour.
Q. During the time that Cunningham was gone, what was the deceased doing? - A. He shoved his back against it, as if he was trying to force the door open; he abused the house very much, and told the girl to come out, if she could not pay the rent he would; when Mr. Cunningham returned, I heard him say, stand off, if you attempt to break into my house, I will blow your brains out.
Q. At the time that Cunningham made use of that expression, what was he doing? - A. There was a scuffle; I thought the watchman was dragging him away; it was like two men trying to get away one from the other; Mr. Cunningham told him if he did not stand off he would blow his brains out; the deceased told him to blow away and be d-d; then Cunningham said, I will, by God, and then I heard the pistol go off.
Q. Did you see the prisoner come into the house? - A. No.
Q. You have lived some little time at this house? - A. Yes.
Q. Was the prisoner, during the time you lived there, a peaceable, quiet man? - A. A very quiet, inoffensive man, as ever I heard of.
Q. What time was the house usually shut up? - A. It was always shut up at ten o'clock at night; he used to go to rest between nine and ten.
Court. Q. What is the prisoner? - A. He is a carpenter and cabinet-maker.
Cross-examined by Mr. Const. Q. Did you hear all this perfectly? - A. Yes, perfectly; I got out of bed.
Q. Then you heard all that Mrs. Evans heard? - A. Yes.
Q. The conversation you have stated, did that take place close to the door? - A. Yes; I think it did, by what I could hear, I did not see it.
Q. Even the last word, just at the instant that the pistol went off, when he said, stand off, was close by the door? - A. I believe so.
Q. They were so situated, that you must have known it? - A. Yes.
Q. Wherever this took place, there the pistol went off? - A. Yes.
Q. You were not examined before the Justice or the Coroner? - A. I attended two days.
Q. This poor young fellow was very much intoxicated? - A. Yes; he tumbled down two or three times outside the door while he was walking backwards and forwards; when first he began to make the noise, when I saw him first in the evening, he was perfectly sober.
Mr. Const. Q. Mrs. Evans threatened to charge him with the watch, and Mr. Cunningham too? - A. Yes.
Q. It was loud enough for any body to hear? - A. Yes.
Mr. Knowlys. Q. Though you were not examined before the Justice or the Coroner, you attended in order to be examined, if they thought proper to examine you? - A. Yes.
Q. Tell us, as well as you can, what passed? - A. The deceased came a little after ten o'clock, the first time that I noticed it, and he knocked very much at the kitchen window and the door; we lodge in the front room up one pair of stairs; Mr. Cunningham got up and desired him to go, and he would not go.
Q. Did you hear what they said to each other? - A. The deceased b-d and swore very much.
Q. Did Mr. Cunningham appear to address him in good temper, or otherwise? - A. Quite in good temper.
Q. After Mr. Cunningham had gone in, did you hear any thing of the deceased? - A. Yes; he still kept stamping on the grate and knocking at the window.
Q. Do you know if Mr. Cunningham had retired to his bed at this time? - A. Yes, he had.
Q. How do you know that? - A. I heard him; then the deceased knocked very much again, and swore very bitterly against the house, and all who were in the house.
Court. Q. Do you mean that he knocked with the knocker of the door? - A. Yes.
Mr. Knowlys. Q. How long did he continue this? - A. Half an hour; and he desired him to go away, and he would not; Mr. Cunningham got up again to him, and told him to go about his business; it was not a proper hour to be there at that time.
Q. Did you hear whether the deceased made him any answer or not? - A. No, I did not; he still kept knocking on with the knocker; then Mr. Cunningham dressed himself and went out.
Court. Q. So that all the time between the prisoner's first telling him to go along about his business, for it was an unseasonable hour, and his coming out dressed, he kept knocking at the door? - A. Yes.
Q. Were you and your husband alarmed at all? - A. Yes, very much; when Mr. Cunningham was gone, he still kept knocking violently, and shoving against it with his back.
Q. You did not see him shoving with his back against it? - A. No, I heard it.
Q. Were you retired to-bed at this time, or not? - A. I had got to bed.
Q. How long was it before Mr. Cunningham returned? - A. About ten minutes.
Q. Did this noise seem to you to continue till Cunningham's return? - A. Yes.
Q. After Cunningham had returned, tell us what you saw or heard after that? - A. He met him, and told him if he did not go about his business he would blow his brains out; he told the deceased to keep off three times running, or else he would blow his brains out.
Court. Q. He repeated it, that if he did not keep of, he would blow his brains out? - A. Yes; and the deceased made answer and said, blow away and be d-d; with that the pistol went off.
Q. Did you remain in bed all this time? - A. No, I was at the window.
Q. What part of the transaction did you see from the window? - A. Just as I heard it go off I ran to the window.
Q. Are you sure you heard the cry of stand off, more than once? - A. Yes.
Q. How long have you lived in Cunningham's house? - A. Two years, next April.
Q. Does he appear to you to be a good-natured man, or otherwise? - A. A perfectly good-tempered man.
Q. Do you live there still? - A. Yes.
Q. You represent Cunningham as of a perfectly good temper? - A. Yes.
Q. He was not at all warm or angry in any thing that he did? - A. No.
Q. Perfectly cool? - A. Yes.
Q. You are sure of that? - A. Yes.
Q. You spoke of the deceased shoving his back against the door-you can only suppose it to be his back? - A. I suppose so.
Q. Have you heard any body say so; perhaps somebody may have seen it? - A. No; he was shoving very violently against the door.
Q. You are sure of the words that Cunningham made use of, being of a very good temper, that if he did not go about his business he would blow his brains out? - A. Yes.
Q. Was it not something like this-if you break into my house, I will blow your brains out? - A. Yes, that was the word.
Q. Then he did not make use of the other expression? - A. No.
Q. Then it was, that if he broke into his house? - A. Yes.
Q. There was no other offence? - A. No.
Q. Then it was to defend his house? - A. Yes, it was.
Q. Did all this conversation that you speak of, take place close to the house, or at any distance? - A. Nigh the house.
Q. You are sure of that? - A. Yes.
Q. And the last words that were spoken were, blow away and be d-d? - A. Yes.
Q. And at that moment the pistol went off? - A. Yes.
Q. Did he say, stand off, or keep off? - A. Stand off.
Q. And the moment the other said blow and be d-d, the pistol went off? - A. Yes.
Q. And then you went to the window? - A. Yes.
Court. Q. How wide is this street? - A. About thirty feet wide.
Mr. Const. Q. Therefore you could not be mistaken whether this took place close to the house, or the other side of the way? - A. Certainly.
Q. Do you know Mrs. Daniel, who lives opposite? - A. I have seen the lady.
Mr. Knowlys. Q. You say, that though you did did not see him pushing the door, you concluded, from the found of it, that he was pushing with his back? - A. Yes, very violently indeed.
Q. What has been his character with respect to good temper? - A. I never saw him inclined to be quarrelsome in my life.
Q. Did you know Wood, the deceased? - A. He used to come to the house, backwards and forwards.
Q. Was he a quiet man, or unruly? - A. He was very unruly to me sometimes, and to the people in my house.
JOHN LANGLEY sworn. - Court. Do you know what is the width of this street? - A. From thirty to thirty-two feet; the prisoner worked with me as journeyman , he is a very quiet man, and as good a workman as any that go into a house.
Q. Did you ever find him at all inclined to be troublesome? - A. Never in my life.
Q. Did he appear to you to be quarrelsome, or good-natured? - A. I never saw him in a quarrel in my life.
GUILTY of manslaughter only .
Imprisoned one year and fined 1s.
Tried by the second Middlesex Jury, before The LORD CHIEF BARON.
THOMAS SMITH sworn. - I am a haberdasher and hosier , in Oxford-street : On the 12th of December, the prisoner came in to see some ribbands, she had a drawer put before her, I showed her them, she did not buy any, she looked them over, I never saw her before to my knowledge; I saw her take one piece, I missed two; I followed her a few yards from the door, and stopped her, one of my young women searched her, Nancy Wintersdale , I was present; she found two pieces of ribband upon her, they are my property, there is my own shop mark upon them, she denied having taken them, she acknowledged it afterwards, they cost me 7s.
Prisoner's defence. The constable took away two shawls from me, that is all I have to say.
GUILTY, (Aged 16.)
Of stealing, but not privately, in the shop .
Transported for seven years .
Tried by the first Middlesex Jury, before Mr. Justice HEATH.
68. GEORGE MORGAN was indicted for that he, about the hour of ten in the night of the 10th of December , being in the dwelling-house of George Brookes , feloniously did steal two hundred and three copper halfpence, five china bowls, value 30s. a tea-caddie, value 5s. a pound of green tea, value 8s. four glass rummers, value 2s. and a wooden drawer, called a till, value 6d. the property of the said George, and that he having committed the said felony about the hour of twelve at night,
GEORGE BROOKES sworn. - On Saturday the 10th of December, in the evening, between nine and ten, the prisoner was drinking with three or four persons in my house; I keep the Plough, at Tottenham , I have known him these three or four years; I opened the door about eleven o'clock to let them out, by some means or other, the candle went out, those persons went out, but I don't recollect Morgan going out with them, I did not see him go; I then came back and lit my candle at the fire, in the bar, there were 8s. 11 1/2d. in the till, there might be more, I had examined it on the Thursday before, this was on the Saturday when I locked it up, to the best of my knowledge, there might be about eleven or twelve shillings all copper, except a bad shilling; I then went to bed as usual, directly after they were gone, the family were all gone to bed, but myself; the maid-servant found the back door wide open the next morning.
Q. She is here, is not she? - A. No; I came down and found the door that goes into the garden open, and that the till was forced open with some irons that had been taken from the fire; then I looked about the house and missed a tea caddie, with a pound of 8s. green tea, that had been put in the same morning; after that, I went into the back room, and looked in the beaufet, and found five china bowls gone, they had left the matches burning underneath, in the bottom of the cupboard; I then went into the front room, and missed some glass tumblers, I cannot tell how many, I suppose there were five or six gone off the side-board; I then immediately went into the garden to see if I could find the till, supposing it might might be thrown away; I did not find the till, but I found the lock of it, which I have in my pocket.
Q. How do you know it to be the lock of the till? - A. I locked it up myself every night; one of the witnesses went down a field adjoining the garden, and found five china bowls, and four rummers, and then I received a note from Mr. Patrick, that there was a suspicious man in his house, selling good half-pence, fourteen-pence for a shilling, and I got a warrant, and went to Mr. Patrick's, and had him apprehended, Mr. Patrick keeps the White-hart public-house, in the same parish; the prisoner asked the officer's name, his name is Tatham, and said, he wished to speak with him in another room; we then went into the room with him, and he put his hand in his pocket, and said, I am the person that robbed you, and this is your property; he produced 8s. 11 1/2d. in copper, and a bad shilling and sixpence; in going to the Magistrate's, I asked him what he had done with the till, and the tea caddie, he said, he had concealed it in a ditch, at the back of Mr. Scales's sand-house, some persons then went and found it there; I then asked him, if he had any confederates, and he said he had one, that he let in at half past eleven o'clock, whose name and person he knew very well, but would not swear to him.
Q. Did he describe how he let him in, or where? - A. At the back door in the garden.
Q. When had you seen this back door last? - A. I saw it bolted at eleven o'clock, when I went up to bed; there were two strong bolts and no lock to the door.
Q. Are you sure that these bolts were shut? - A. I bolted them myself.
Q. What is the value of those china bowls? - A. Thirty shillings, the large one cost me 17s. and the small ones I don't know what they cost, they were in the house when I came to the house.
FRANCIS PATRICK sworn. - I keep the Whitehart; the prisoner came to my house between eleven and twelve o'clock, on the Sunday in the forenoon, and asked for a pint of beer, which was brought him; a little while after, somebody came in, and said, Mr. Brookes's house was robbed, and his reply was, he can well afford it, I wish I was the person; a little after, some people came in, and he was telling them he had worked four days, and his master had paid him all halfpence, but one shilling, and if they would take any halfpence of him, he would let them have fourteen pennyworth of good halfpence for a shilling, and there were some people in the house that bought some of them, one 13d. one 14d. for a shilling, and one 7d. for sixpence; my wife said, a man that works hard for 14d. would not sell it for one shilling, and he said, "you seem to be d-d sharp upon me," I sent a note to Mr. Brookes, and he came with a constable, and took him.
JOHN TATHAM sworn. - I apprehended the prisoner on the 11th of December, at Mr. Patrick's; I went along with Mr. Brookes, he said he was the lad that did it, and here is your property; and as we were taking him to a Magistrate's, I told him, if there is any body concerned with you, you had better tell, and then he said, there was one Jack Brookes concerned with him, and he said, he had hid the till behind Mr. Scales's sand-house. (Produces it, and the halfpence that were found upon him).
Q. These are the halfpence that were found upon him, after he had disposed of the 14d. 13d. and 7d.? - A. Yes.
DAVID WOLFE sworn. - I am a bricklayer and horse-patrol; I found the caddie and till on Sunday morning, about half past seven o'clock; I asked the prosecutor if he knew who was in his house last, the night before, and he mentioned this man; I came at the time he was apprehended, and I
THOMAS BUCK sworn. - I am a lodger at Mr. Brookes's, and I went into the field adjoining the garden, where I found these bowls and glasses, about fifty or sixty yards from the house; I carried them to Mr. Brookes's, and have kept them ever since. (They are produced).
Q. (To Brookes). When had you last seen your bowls? - A. I had seen them in the beauset that evening; the bottom of the caddie is broke off.(The property was all deposed to by the prosecutor).
Prisoner's defence. When I was taken, I was in liquor, and I owned to it.
NOT GUILTY of the burglary, but guilty of stealing to the value of 39s. (Aged 18.)
Transported for seven years .
Tried by the first Middlesex Jury, before The LORD CHIEF BARON.
69. WILLIAM NOWLAND and MARY CORDELL were indicted for burglariously breaking and entering the dwelling-house of William Cockett , about the hour of three in the night of the 4th of December , and feloniously stealing forty yards of linen cloth, value 4l. and ten yards of linen cloth, called huswife cloth, value 15s. the property of the said William, in his dwelling-house .
WILLIAM COCKETT sworn. - I am a shoe-maker , at Enfield ; I was the last up on the 4th of December; saw the doors and windows secure; in the morning, a little after seven, I was called up by my neighbours to tell me my house was broke open.
Q. Was it light enough at that time in the open air, to distinguish the features of a man's countenance? - A. Yes.
Q. Did you know the prisoner at that time? - A. Yes; he lived about 200 yards from me, he is a labourer , and has been a gentleman's servant; the shop is built of wood, and it was broke open.
Q. Is it under the same roof with your house? - A. Yes; there was a board taken out, big enough for a man to put his arm in; I lost a piece of Irish cloth about twenty yards, which is valued at 2s. a yard, which is under the prime cost, and another piece of twenty yards, about the same price, and a piece of huswife cloth, about ten yards, at 1s. 6d. a yard, the ten yards of huswife cloth, and the twenty yards of Irish, I and a constable took upon him, we overtook him at Tottenham, about five miles from Enfield.
Q. Did he tell you how he came by it? - A. The constable is here, I did not hear what he said.
Q. Did you tell him it would be better for him to confess? - A. Yes; I took the huswife cloth from the woman, I had seen her many times before that.
FREDERICK TUNSLEY sworn. - I am a constable; I apprehended the prisoners on the Monday morning following the Saturday, at Tottenham; I found on Nowland, about ten yards of Irish cloth, cut in three pieces, three yards and an half in each; after I had taken the man, I saw these ten yards of huswife cloth drop from under the woman's cloak.
Q. Did you tell him it would be better for him to confess, or worse if he did not? - A. No such thing; I asked him where he got this cloth, he told me he bought it honestly and paid for it, and when he got to the public-house, he said he had found it, I know no more than that, he was taken before the Justice, (produces the property), it has been in my possession ever since.
Prosecutor. This huswife cloth I know to be mine-because I had a shirt made of it, there is no mark upon it; the Irish cloth has no mark upon it, I know it to be mine.
Newland's defence. I found it.
Cordell's defence. Nowland is my brother, he told me he had found it.
Nowland, GUILTY. (Aged 23.)
Cordel, GUILTY. (Aged 23.)
Of stealing, but not of the burglary, to the value of 39s.
Transported for seven years .
Tried by the first Middlesex Jury, before Mr. Justice HEATH.
70. JAMES WARING , WILLIAM GREEN , JOHN MILTON , and ELIZABETH WARING , were indicted, the first three, for burglariously breaking and entering the dwelling-house of John Ivy , about the hour of six in the night of the 26th of December , and feloniously stealing two calico shawls, value 4s. 6d. a calico pocket handkerchief, value 1s. 6d. twenty yards of lace, value 6s. twenty yards of silk ribbon, value 10s. and four pair of shoe bows, value 1s. the property of the said John Ivy ; and Elizabeth Waring , for receiving the same knowing it to be stolen .
Mr. Knapp. My Lord, I am Counsel for the prisoners; the indictment says the parish of Whitechapel;
Court. It certainly does; but this is the second instance this morning of the gross negligence of the clerk of the indictments; and it is very unfit that persons should excercise the office who are so careless.
Mary Ivy . On Tuesday, the 26th of December, the window was cut about six o'clock in the evening; I was in a little room adjoining, I did not hear it cut, it was not ten minutes after I was out of the shop, the window was whole then; I looked out, and missed the ribbons and the shawls, they hung across a line that was tied on each side the window, the window was cut, and half the pane gone; my husband then went to the door, but did not see any body; on the Saturday morning afterwards William Peach, the officer, brought two shawls to my house.
WILLIAM PEACH sworn. - I am an officer,(produces two shawls), I had them from the house of Elizabeth Waring ; I apprehended all the prisoners at Mrs. Waring's house on Friday the 9th, I apprehended them in the front room next the street; I found one shawl hanging upon a cupboard-door, the other was up stairs upon the bed that Mrs. Waring was in, this was the morning after the prisoners were apprehended.
Q. Was there any other person in the room? - A. No, only a child; these shoe-bows I found in a cupboard, the right-hand of the fire-place, below, in a front room; this lace I found in a bag in the room where she was; I asked her how she came by this shawl.
Q. Did you tell her it would be better for her to confess, or worse if she did not? - A. Not a word; she said, she had it of a tally over Blackfriars-bridge; the other, she said, she had bought, and it had been in wear two or three years; she said, she bought the shoe-bows, and the lace; I then took the things to the office; I did not take her into custody then, James Waring , her son, was there, Mrs. Waring came to the office to him and she was detained.
WILLIAM WILLIAMS sworn. - Milton, and Green, and Waring, and I, met at Mrs. Waring's house about three o'clock; James Waring asked me to come and write his mother a letter; Green is a cousin to Waring, Milton is a chimney-sweeper ; I found them all at Mrs. Waring's house.
Q. Did you write a letter for her? - A. No; when it came dark we went out together up Bethnal-green-road.
Q. Was any thing said before you went out, for what purpose you were to go out? - A. No; James Waring asked me to take a walk up the Bethnal-green-road.
Q. He did not say for what? - A. No.
Q. What was said about the letter? - A. His mother said she had got the paper, nor ink; we went out together, and when we got into Bethnal-green-road there was a shop open, and Waring stuck his knife into the putty and broke the window; he told us to stop just as he got to the shop.
Q. Did he tell you what he was going to do there? - A. No.
Q. Did you talk about what you were going to do before that? - A. No.
Q. Nor you did not ask him? - A. No.
Q. Did he say any thing to Milton and Green? - A. Not that I heard; he cut the window, and broke the glass, and took the things out of the window: two shawls, and two pieces of lace, a white piece and a black piece, some ribbon, some black shoe-strings, and a pocket handkerchief.
Q. What did you and your companions do while he was so employed? - A. We stood over the way; and young Green brought me some pieces of ribbon which he had taken from the same shop.
Q. What did Milton do? - A. I did not see him do any thing, he was standing the other side of the way, and walking backwards and forward; Waring told him to watch, and if any body was coming by, to whistle.
Q. Did Milton go to the place where he was told, and walk backwards and forwards? - A. Yes; and some persons went by, and Milton whistled, and then he came away from the window; a man saw the window, I believe, and then he ran away. Waring and the sweep ran over to me, and told me to take the things home to Waring's mother; I took the shawls from the window from Waring, I carried them to Waring's mother, while they went down Brick-lane; they told me to come and meet them, and I did, I left them at Mrs. Waring's; I put them upon a bit of a counter that is there, and Mrs. Waring saw me; I told her Jem took them out of a window; she looked at them, and put them upon a little shelf, and covered them with a little bit of cloth, and then we all went to the mother's, and she cut the ribbon in pieces, I had two yards and a half, Milton had two yards and a half, and Waring had two yards and a half, and the shoe-strings were given to the mother, and Green had the same, two yards and a half; the shawls the mother bought of us, the gave eighteen-pence for the dark shawl, and nine-pence-halfpenny for the other; we all had the money divided among us.
Cross-examined by Mr. Knapp. Q. Honesty, you know that by giving evidence here, you are come to save yourself from being tried? - A. Yes.
Q. Have you ever been in a Court of Justice before? - A. I have never been in confinement before in my life.
Q. You never told the story till after you were taken up for the felony? - A. No.
Mr. Knapp. (To Peach). Q. Did I understand you right, when I supposed you to say, that when, after you had been at Mrs. Waring's, and found the shawl, you did not take her into custody? - A. No, I did not.
Q. And then she herself came to the office, and then she was taken up? - A. Yes; she came to her son, and then she was detained.
Q. Mrs. Ivy. There is no mark upon these shawls, but they answer the pattern exactly; the white lace and the shoe bows answer the same.
Mr. Knapp. I understand you to say, there is not one article but what you know, merely by bearing a similitude to what you lost? - A. Yes.
Q. But you don't mean to swear to their being your's, but from the pattern? - A. No.
Q. The shawls are a very common pattern? - A. Yes.
Q. And the other things are common patterns? - A. Yes.
Mrs. Ivy. This is the same coloured ribbon as what I lost.
Q. Did you lose ribbons of that sort, and of those different colours? - A. Yes, exactly the same sort; there was about seventeen yards of this satin ribbon; of this blue ribbon I don't know how much there was.
Q. (To Blackiter). What is Mrs. Waring's business? - A. Her husband drives a hackney-coach, that is all I know about it.
Green's defence. I don't know any thing at all about them.
Milton's defence. I know nothing about them.
Q. (To Mrs. Ivy). Does that shawl appear to have been much in wear? - A. It does not appear to have been washed more than once.
For the Prisoners.
JOHN BAILEY sworn. - I am a coach-master; I have known Mrs. Waring these twenty years; she is the wife of a coachman who drove for me two or three years; she always bore a good character for any thing I ever heard; and I have known Green ever since he was a child; his father drove for us; he always bore a very good character.
Q. What is Green? - A. He has been with a publican these three or four years as a pot-boy ; his master was to have been here.
MARY GUNN sworn. - I live in East-passage, Cloth-Fair; I am a chimney-sweeper; Milton is an apprentice to me, and has been for ten years; he always behaved like a just, honest servant to me, and I am afraid has been drawn into bad company since I have been ill.
William Green GUILTY. (Aged 13.)
John Milton GUILTY. (Aged 14.)
Of stealing, but not of the burglary .
Transported for fourteen years .
Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.
71. JAMES WARING , WILLIAM GREEN , JOHN MILTON , and ELIZABETH WARING , were again indicted, the three first for burglariously breaking and entering the dwelling-house of John Printon , about the hour of six in the night of the 5th of December , and feloniously stealing a black silk cloak, value 26s. six yards of muslin, value 18s. and a muslin cap, value 1s. the property of the said John ; and Elizabeth Waring for receiving the same goods, knowing them to have been stolen .
Q. Do you keep a shop there? - A. I did then, a milliner's and haberdasher's; when I returned I went into the shop, and put my cloak off, and threw it carelessly in the window; I had altered the cloak two or three days before; it was made of black silk; there were two buttons and loops behind, with a small hood, and a piece of blue ribbon tacked behind to tie it; I threw it down carelessly, and went into a room beyond the shop to tea; the room don't join to the shop; it is a good way behind the shop; about half an hour after, I came into the shop to serve a customer; I found my cloak and every thing safe; then I went and finished my tea; I came in again a little after six, or between six and seven, meaning to fold my
Q. Describe the manner of breaking the window? - A. It was the bottom pane, and it was at the corner of the bottom.
Q. What was the size of the hole? - A. A very small part was broke; I don't believe there was room for a person to put his arm through; I missed a piece of muslin that lay by the glass, and a child's cap, that was all I missed.
Q. When did you next see them again? - A. That was on Monday the 5th of December; the officer of the Police-office, Worship-street, came to me the Wednesday week after, that was nine or ten days, and I saw the cloak, but the muslin I cannot swear to.
Q. Who brought it to you? - A. Mrs. Waring's daughter.
Q. How long did it continue with you? - A. It was applied for on the 10th of December; the constable applied to know if I had any thing in that name; I searched, and found this cloak.
Q. What did you advance upon it? - A. Ten shillings. (Produces it).
Q. (To Brooks). Was that child the person that brought the cloak? - A. Yes.
Q. Do you know that she lives in the family, and passes for Mrs. Waring's daughter? - A. Yes; I have served her several times.
Q. Were you in company with him on the 5th of December? - A. Yes.
Q. At what time of day were you at Mrs. Printon's house? - A. Just after dark, I believe about five o'clock, or between five and six.
Q. Was it dark? - A. Yes; he put his knife into the window, and cut the window, and took a cloak out.
Q. Was any body else with you? - A. Yes; Milton and Green.
Q. Waring took his knife out? - A. Yes, and put in the putty, and cut the window.
Q. What glass was taken out? - A. A little piece, just the size to get his hand in.
Q. What did he do? - A. He took the cloak out.
Q. With his hand? - A. Yes.
Q. Did you see him? - A. Yes.
Q. Did he take any thing else? - A. Yes; a child's cap, and a piece of muslin; he took them home to his mother.
Q. Did you go along with him? - A. Yes.
Q. What were Milton and Green doing while he was opening the window? - A. It was a rainy night, and he told Milton to stand at the public-house just by, to see if any body came by while he cut the window, and whistle if there was occasion for it.
Q. Did Milton do so? - A. Yes.
Q. What did Green do? - A. He gave them to Green, and he took them home.
Q. Where was Green when the window was broke? - A. Standing in the road, about six yards from Waring.
Q. When the goods were taken home to Elizabeth Waring , what passed there? - A. The mother sent the cloak to pawn; James Waring asked her to let the girl take the cloak to pawn, and get as much as she could upon it.
Q. What happened when that was proposed? - A. Mrs. Waring wrapped it up in a piece of newspaper, and the girl went with it.
Q. What girl, the girl that stood up a little while ago? - A. Yes.
Q. Did she live in the family? - A. Yes; she is her daughter.
Q. Did the little girl come back? - A. Yes.
Q. Did she bring back any thing with her? - A. Yes, ten shillings; we divided it among us; I had half-a-crown, or two shillings and five-pence; the others had the same, Waring, and Milton, and Green.
Q. All of them? - A. Yes; she lives at No. 70 Charlotte-street.
Q. What time of day did you apprehend them? - A. In the afternoon; it was past four o'clock; there were three apprehended first, Williams, Milton (the chimney-sweeper), and Green; Waring not being at home then, I apprehended him the same night at the same house, his mother's; when I apprehended the three first, I waited some time before I told them my business; they were in the back place; I called them into the house, and stopped for Warring coming in; I asked the mother where he was; she said, gone to Bethnal-green; we took them to the office, and went back and waited till Waring came in, and took him to the office.
Q. Did you find any thing else? - A. No; I then went to the prosecutrix's house, and desired her to attend the office.
Q. (To Brooks). How was the cloak brought to you; was it wrapped up in any thing? - A. Yes; this newspaper.
Q. (To. Mrs. Printon). Look at the cloak? - A. It answers the description of the cloak I lost; I have little doubt of it being the cloak.
Q. Do you find those things on the cloak that you put on it a few days before? - A. Yes; exactly as I did it.
Q. Have all or most cloaks those things you had put to it? - A. No, very few.
Q. It has precisely the appearance of your cloak? - A. Yes.
Q. You believe it to be your's? - A. Yes.
The prisoners did not say any thing in their defence.
SUSANNAH MARSIN sworn. - I know John Milton ; I am a chimney-sweeper; he has worked for me seven years; he never behaved but well to me in my business; he worked at the best houses in the city; I never had any scandal through him in my life; I hope you will shew him favour.
William Green GUILTY Death. (Aged 13.)
Elizabeth Waring NOT GUILTY .
Tried by the first Middlesex Jury, before The LORD CHIEF BARON.
( The prosecutor was called, but not appearing, his recognizance was ordered to be estreated ).
73. ELIZABETH EASTMEAD and JOSEPH EASTMEAD were indicted for feloniously stealing, on the 17th of December , twenty-five apples, value 6d. two pounds weight of bread, value 3d. a quarter of a pound of butter, value 2d. half a pound of cheese, value 2d. a pound of soap, value 6d. a pound of candles, value 8d. half a pound of salt, value 2d. four pounds of beef, value 2s. five pounds of mutton, value 2s. a straw basket, value 2d. a linen cloth, value 1s. a linen duster, value 2d. a gallipot, value 1d. and three ounces of sugar, value 2d. the property of William Cox .
WILLIAM COX sworn. - I live at Hampstead ; the prisoner, Elizabeth Eastmead , was my cook ; she had lived with me three months; I know nothing of the prisoner Joseph; my wife can swear to the cloths and the basket; she knows the particulars.
Mrs. Cox sworn. - The various articles mentioned in the indictment were in a straw basket, which was found upon the prisoner, Joseph Eastmead , by the patrol; I never missed them till they were brought to me; the linen I can swear to, and the basket.
HENRY CROKER sworn. - I am one of the conductors of a part of the patrol of Bow-street: On the 17th of December, between nine and ten in the evening, I stopped the prisoner, Joseph Eastmead, just by the half-way house, in the Hampstead road, about two miles from the prosecutor's; he had the things in this basket (producing it); I asked him what it was, and who he was; he told me he was a gardener , and lived at Hampstead; I asked him his master's name; he hesitated a little; that gave me a suspicion, and we took him to a public-house; then he told me his sister lived with a gentleman at Hampstead, and his sister gave it him; I took him to the watch-house, and the next day went to acquaint the gentleman with it.
Q. Was it read over to her? - A. Yes.
Q. Was it a free and voluntary confession? - A. Yes; the man was asked how he came by them; he said, he had them from her; she said, she had them of her master.
(The confession was read). Elizabeth Eastmead , servant to the said William Cox , says, the said articles were her master's property, and were taken from him by her, and delivered by her to the said Joseph Eastmead , her brother.
Q. (To Reeves). Were the articles produced? - A. Yes.(The cloths and basket were deposed to by Mrs. Cox).
Elizabeth Eastmead's defence. There is nothing of my master's property but the two dusters and the basket, and them I lent him to be sent back by the coach next morning.
Q. (To Mrs. Cox). What character did she bear? - A. I had a good character with her.
Jury. Q. Had she lived long in the place you had the character from? - A. No; a short time.
Elizabeth Eastmead GUILTY. (Aged 24.)
She was recommended to mercy by the Jury .
Confined six months in the House of Correction , and fined 1s.
Tried by the first Middlesex Jury, before Mr. Justice HEATH.
HANNAH BRISCOE sworn. - I live at Isleworth ; On the 14th of December, I lost five yards and an half of calico; it was in a back wash-house; I saw it at nine o'clock at night; I went into the wash-house about half an hour after, and it was gone; it was hanging up to dry; the prisoner was taken at ten o'clock; I saw the calico afterwards at the George, at Isleworth, in the hands of Mr. Needler.
Q. What is the value of it? - A. Fourteen shillings; it was in a piece not made up.
- NEEDLER sworn. - I keep the George, at Isleworth; On the 14th of December I went backwards into a shed in the yard; I was there two or three minutes; I saw the prisoner get over a brick wall, which separates my yard from the road; when he came into the shed, I catched him by the collar, and brought him into the kitchen; my wife said, she knew the man, and put her hand to his coat, and said, what have you got here; a man that stood by said, we will see what you have got, and opened his coat, and out dropped the calico.
Q. How far was this from Mrs. Briscoe's? - A. A. About half a mile.
Q. What time was it? - A. About a quarter after ten; I sent for the constable, and put him in the cage. (Produces the calico).
Hannah Briscoe. This is the piece of calico that was in the wash house.
Prisoner's defence. I picked it up as I was going along the road, as honestly as I stand before God.
Q. (To Needler). What account did he give of it? - A. He gave no account of it; I asked him how he came to get over the wall; he said, he came there to sleep.
Confined six months in the House of Correction , and fined 1s.
Tried by the first Middlesex Jury, before Mr Justice LAWRENCE.
75. JAMES STEVENSON was indicted for feloniously stealing, on the 8th of December , three quart bottles, value 3d. a quart of brandy, value 3s. a quart pewter pot, value 1s. 6d. a quart of gin, value 2s. a yard of canvas, value 1s. and two glass bottles, value 2d. the property of Isaac Baker .
MARMADUKE MILLER sworn. - I am a patrol of St. George's, Hanover-square: On the 8th of December, my partner and I were on duty, a little after six o'clock in the morning; coming up Berkley-square, we heard some glass rattle, we took it to be a lamp broke; the prisoner met us in the middle of the horse-road; the prisoner met us in the middle of the horse-road; we asked him if he saw any thing of a lamp broke, he said, no; we asked him if he heard any alarm of glass, he said, it was an empty bottle he threw out of his pocket, with that he passed us, and we took no farther notice; when he got a little way from us, we heard the same found of glass, we imagined it could not be all empty bottles, we followed him, and took hold of him, and this bottle was concealed under his great coat, it had some gin in it at that time, in the struggle the gin was all spilt; he said, he was going on guard that morning, he struggled to get from us, we took him to the watch-house, we found a bottle of gin and a bottle of rum upon him, and a bottle of brandy was picked up by a watchman, and brought to the watch-house; there was a quart pewter pot, with the prosecutor's name on it, and a piece of old canvas found upon him; my partner had the bottle of rum and gin in his possession, I had the quart pot and brandy.
The prisoner did not say any thing in his defence, but called two serjeants and two other witnesses, who gave him a good character.
GUILTY . (Aged 30.)
Confined one month in Newgate , and fined 1s.
Tried by the first Middlesex Jury, before The LORD CHIEF BARON.
(The case was opened by Mr. Alley.)
CHRISTOPHER WATSON sworn. - Examined by Mr. Alley. I am a merchant in Mark lane ; On the 9th of December, I was robbed of four pieces of soap, which are in the hands of the constable, in consequence of a suspicion I had, I marked the soap the day before; I cut some pieces of wood
Q. There was nobody concerned with you in the business? - A. No; it is worth about four or five shillings.
Cross-examined by Mr. Knapp. Q. You have no partner in your business? - A. No.
Q. A person has absconded on this business, who was a servant in the house? - A. Yes.
Q. Dadd was not a servant? - A. No.
Q. How long had the man, who has escaped, been your servant? - A. Upwards of two years.
JOHN JACKSON sworn. - Examined by Mr. Alley. I am clerk to Mr. Wilkins, in Spitalfields: On the 9th of December, I was employed by Mr. Watson, with James Bumstead , to watch his house, between four and five o'clock; I stood in Mr. Reeves's passage, opposite Mr. Watson's house, where I could observe every thing that occurred; I saw the prisoner walk up and down the street several times, and when Stretch, the porter, came to put the shutters up -
Q. Who do you mean by Stretch, the other person indicted? - A. Yes; I saw him give Dadd something into his apron, he came out of Mr. Watson's house with it; the prisoner still kept walking up and down the street; I crossed the way to Mr. Watson's, and saw the servant give him something more.
Q. Were you near enough to see what it was that he gave him? - A. Yes; I was six or eight yards off, it was soap; when he gave him the soap, I made up to Dadd, and stopped him, Stretch was taken directly after; I asked the prisoner what he had there, he said, some soap; when I laid hold of Stretch, and accused him of giving the man the soap, he said, he did not know what I meant.
Cross-examined by Mr. Knapp. Q. Stretch said, he did not know what you meant? - A. Yes.
Q. Dadd admitted he had got soap? - A. Yes.
Q. This was at six or eight yards distance, on the 9th of December, at five at night? - A. Yes.
Q. Can you state, that at that distance you could see what he gave the prisoner? - A. There were some lamps, I saw him give him something, which I supposed to be soap, and which I found to be so.
Mr. Alley. Q. Were not you near enough to see perfectly clear what was doing by the lamp? - A. Yes.
JAMES BUMSTEAD sworn. - Examined by Mr. Alley. I am a shoe-maker; On the 9th of December, I was set to watch with the last witness, opposite Mr. Watson's door; I observed the prisoner at the bar come and look in at the shop window, and after that he walked backwards and forwards two or three times, and this Thomas Stretch came out, and put some soap into his apron.
Q. Were you close enough to see it was soap that he put into his apron? - A. I was near enough to see perfectly, he walked up the street, and came back, and the porter put something else in his apron, Stretch brought the soap out of the shop.
Cross-examined by Mr. Knapp. Q. Were you Standing close to Jackson? - A. Yes.
Q. You had a better opportunity of seeing than Jackson, you were sure it was soap? - A. I laid hold of him directly.
Q. Jackson said, he saw something, he could not see what it was at that distance, could you see it was soap? - A. It appeared to be soap-it might be four pieces of wood, for what I know, the man was never out of my sight, I laid hold of him, and took the soap out of his apron.
Q. (To Bumstead.) Where did you get this soap? - A. Out of the prisoner's apron, and gave it to Mr. Crane. (It was deposed to by the prosecutor.)
Court. (To Mr Watson). Q. Had you given any orders to your servant to deliver out soap? - A. No.
Q. Had you given him any orders to deliver any to the prisoner? - A. No.
Mr. Alley. Q. Had any of the soap been sold after you marked it? - A. No.
Mr. Knapp. Q. In what capacity was Stretch to you? - A. A porter; there is a young man in the shop.
Q. Supposing the young man and you to be out of the way, does the porter deliver out goods? - A. If I give him orders he does.
Q. You had not given him any orders that day? - A. No.
Q. Had he at any other time given out soap to customers without your orders which met with your concurrence afterwards? - A. Not to my knowledge.
Court. (To Jackson). Q. Did Dadd say any thing else when you stopped him, than that it was soap? - A. I asked him where he got it, he said he brought it from home, I asked him where his bill or parcels was, before he gave me an answer, the constable came in and I gave charge of him.
Prisoner's defence. I was drawn in very innocently, I leave it to my counsel.(For the Prisoner.)
JAMES WILLIAMS sworn. - Examined by Mr. Knapp. I am a merchant; I have known the prisoner some years, it may be ten, twelve, or fourteen years, he was coachman to my father, and was much respected by him, he has a place in the India-house; he always appeared to be a very honest man.
Cross-examined by Mr. Alley. Q. You have had no opportunity of observing his character for the last two or three years, I suppose? - A. I have bought things of him, his wife keeps a chandler's-shop.
Q. Of yourself, in fact, you know nothing of him literally? - A. I can say no more than that I have occasionally seen him; I believe him to be a very honest man.
Q. All you mean to say is, you have not been told he was a thief lately? - A. I never heard any thing that was an impeachment of his honesty.
Court. Q. How does he get his livelihood? - A. He is in the India-house himself, his wife keeps a grocer's-shop.
Cross-examined by Mr. Alley. Q. You have heard the evidence against him? - A. Yes.
Q. And yet, after that, you would trust him with five hundred pounds to-morrow? - A. I would.
Q. Then you don't believe these honest men? - A. No, I don't.
HENRY PELLING sworn. - Examined by Mr. Knapp. I am a grocer, I lived in the shop that Mr. Hartley now keeps, I let it to him; I have known the prisoner four years, he was always very honest with me, and I never heard any thing amiss of his character.
JAMES THWAITES sworn. - Examined by Mr. Knapp. I live in Chapel-street, Lisson-green, I am a builder; I have known the prisoner twenty years, he has a very honest character, and a very trusty servant I have found him in every situation in life, till this has happened; and I have bought things at his shop in order to assist him, as a friend.
ANOTHER WITNESS sworn. - I have known him between three and four years, he always bore a good character.
GUILTY . (Aged 47.)
Confined twelve months in the House of Correction , and fined 1s.
Tried by the London Jury, before Mr. RECORDER.
76. JOHN GERRARD was indicted for feloniously stealing, on the 18th of December , a saddle, value 39s. a pair of stirrup leathers, value 2s. two steel stirrups, value 2s. and two worsted girths, value 2s. the property of Joseph Pring , privately, in his stable .
JOSEPH PRING sworn. - I keep a livery-stable , in Coleman-street . On Sunday, the 18th of December, a saddle was taken from the prisoner by my servant , who is here; the saddle was left in my care by captain James Waring, on the 12th of December.
FRANCIS HOLLAND sworn. - I am servant to Mr. Pring; I saw captain Waring's saddle on the Saturday that it was taken out on the Sunday, it was upon the wooden horse in the stable, it had stirrups, stirrup leathers, and girths to it, and a saddle-cloth, that was Saturday the 17th of December, I missed it on the Sunday, the next day; I was coming home promiscuously to dinner, between one and two o'clock, and met this man with a saddle upon his back; I called to him, and asked him where he was going with that saddle; he replied, to captain Waring's; I asked him what business he had with that saddle, he being rather confused said, he was going to get two shillings upon it, to pay a person that he owed seven shillings to, and he had but five shillings, and he wanted to make two shillings of this saddle to make it up; upon which I requested the saddle back again, and he readily delivered it into my hands, begging that I would not say any thing to my master concerning it; I replied, I could not forbear telling my master.
Q. Did you know this man before? - A. He lived fellow-servant with me eight months in the same yard, and was discharged that morning; I act as head ostler.
Q. Can you swear positively to this saddle? - A. Yes; I am sure it was captain Waring's, I had it always under my care; it was there between three and four months, to the best of my knowledge.
Q. Were there any particular marks about it? - A. No further than in the common way.
Q. Was his name upon it? - A. No; there is the sadler's name upon it; and I will swear that to be his saddle.
Q. Can you speak to the value of this saddle; do you think it is worth thirty-nine shillings? - A. To the best of my knowledge it is.
Q. The leathers are valued at two shillings, the stirrups at two shillings, and the girths at two shillings; do you think they all worth six shillings? - A. Yes.
Q. Is your master liable to make good the saddles
Q. (To Pring.) Do you make yourself liable for saddles and their furniture? - A. Yes; I have been liable for a great many, and for this.
Q. (To Holland.) What did you do with the saddle? - A. I have it here; it has been in my care ever since. (Produces it).
Prisoner's defence. On Sunday morning I was discharged, and I went up to pay one of the men four shillings that I owed him, and I met a gentleman that rode the horse several times while it was at Mr. Pring's, and he asked me if captain Waring's horse was sold; I told him that it was; he asked if the saddle and bridle were there, and I said, yes; and he asked if any man would take the saddle to Bartholomew-close for him, and he would give him half-a-crown; I said I would; and I met the ostler, and he desired me to take it back.
GUILTY. (Aged 27.)
Of stealing to the value of 4s.
Judgment respited to go for a soldier .
Tried by the London Jury, before Mr. RECORDER.
WILLIAM SMITH sworn. - I keep a timber-yard in Beech-street . On the 15th of December last, I was coming down Chiswell-street, a very small distance from my yard, I saw the prisoner with a mahogany board; I asked him where he was going with it; he told me he was going to the round-house, a public-house in the City-road, I suspected him, and stopped him; I told him he must go back with me, the property was mine; he told me he was employed to take it by some person, he could not tell who; he said that person was to meet him at the round-house; I went with him to the round-house, and waited half-an-hour, but no person came; we then came back, and I shewed him that the property was mine, because I have more of the same boards cut out of the same log.
Q. Are you so sure, from that circumstance, that you can venture to swear positively to it? - A. I can; as he could give me no account of the person that he said ordered him to take it, I apprehended him.
FRANCIS PEERING sworn. - I am a cabinet-maker, I have been employed by Mr. Smith, the timber-merchant, some years, in selling timber for him in his absence; the morning that this robbery happened, which was on the 15th of December,(I live in a house belonging to Mr. Smith, in one of his timber-yards, he keeps two); I was shaving myself, and saw the prisoner come into the yard-I can swear positively to his person; seeing Mr. Smith coming into the yard I did not attend to this man; when I came down stairs I saw the board, I knew it, because Mr. Smith had got more of the same stock; I went into the other yard, where Mr. Smith lives, and found a board, the fellow to it; as soon as I had done that, Mr. Smith came with the prisoner from the round-house, and I went for a constable; I can swear to the board as well as Mr. Smith.
Mr. Smith. That board is my property; it is a very peculiar log, with what we call the gall in the log; I have others exactly the same.
Prisoner's defence. I was going out of Beech-lane into Golden-lane, and a man, I suppose a cabinet-maker, asked me to carry it to the round-about-house, in the City-road, and he would give me sixpence; and being out of work I was very glad of the job.
GUILTY . (Aged 43.)
Confined six months in the House of Correction , and fined 1s.
Tried by the London Jury, before Mr. Justice HEATH.
MATTHEW GOSLING sworn. - I keep the Sun, at London-wall . On the 27th of December, in the evening, the prisoner came in for some beer as usual, she was a customer of ours; she asked for a pint to carry home, which was brought her, and a pennyworth to drink; while she was drinking the pennyworth, she took this quart pot and concealed it under her cloak; I was in the room when it was taken from her, I was in the room when it was taken from her, I was not present when she came in, I came in just as she was brought back into the passage by Mr. Hughes, she was accused of having the pot, which she denied; I turned her cloak on one side, and took the pot from under her left side, (produces it); I know it to be mine by a mark put upon the bottom of it, E. B. and Mrs. Earle's name at full length upon it, whom I took the house of.
- HUGHES sworn. - I was at Mr. Gosling's house on the 27th of December, I went for some beer, about nine o'clock, the prisoner was standing at the bar drinking some beer, and she went away with a pint of beer; after she was gone, Mrs. Gosling suspected she had taken another pot, and desired me to stop her; I went after her, and told her to come to back, and she followed me; she had
- BATEMAN sworn. - A. I am a constable; this is the pot that was delivered into my custody.
Prisoner's defence. I took the pot with intent to get some small beer to mix with the pint of porter, intending to return it next morning; my mother lay very ill of a fever, and a young child likewise.
GUILTY . (Aged 25.)
Confined six months in the House of Correction , and fined 1s.
Tried by the London Jury, before Mr. Justice LAWRENCE.
CHARLES MABBELY sworn. - I am a French-man, a waiter , in Canterbury; I met the prisoner in the Haymarket, about twelve o'clock at night, on the 31st of December; I was coming out of the Opera-house with a friend, and the prisoner spoke to me; we met in the Haymarket two women unknown to us, apparently well-dressed; they asked us to walk home with them; we at first resisted their offer, but on being asked several times, we complied with their wishes, and went to Whitcomb-street , to Mrs. Brown's; being there, the prisoner asked me for one shilling for the use of the lodging; she said, it was customary for every gentleman that came to the house to pay one shilling, and I complied with her request, and gave her one shilling; that one shilling I took out of my waistcoat pocket; then I sat on the bed and took her on my knee; a little while after I felt her hand in my waistcoat pocket, where my money was; stop, says I, and I got up to see whether my money was right, and she took the opportunity of going out of the room, while I looked to see if my money was right; she was not out above one minute, and she came in again, and I told her, Ma'am, you have robbed me of three guineas and an half; upon that, she said it was no such thing; and I told her, if she would not return me the money again, I would send for the watch; she began crying and swearing that she had not got the money; and I told her again, if you will not choose to return the money, I will certainly charge you with the watch, and I will prosecute you; she told me after, you may search me all over, and you will be satisfied that I have not got the money; she pulled her shoes off, and shook her cloaths, but no money; while she was shaking her cloaths, my friend perceived that she had the money in her mouth, and I told her, you have got the money in your mouth, and says she, I have not got it; and finding herself guilty, she swallowed up the money, except one guinea, that my friend put his hand in and stopped it; in going down stairs to see for the watchman, she dropped a very remarkable sixpence that was-in my pocket, a French one, with a little hole in it; I saw it just before I went into the room, and she dropped it down on the stairs; and the watch came, and they took her to St. Martin's watch-house; the sixpence sell exactly under her; I heard it fall; I have spent it since; going to the watch-house, she asked me to go to her lodging, and she would make the money up and give me the two guineas and a half back; I told her I would not go to her lodging, but if she would send any body for the money, I was very ready to make it up with her.
Q. Had you been drinking at all before you went to the Opera? - A. Hardly any thing; my friend and I had drank a bottle of wine after dinner, and no more; that was a long while before the Opera.
Q. Were you quite sober? - A. Yes.
Prisoner. Q. Ask him whether I did not give him ocular proof that I could not swallow not the size of a pea; for I have been lock-jawed these three months.
Q. Were you present at the beginning of the Opera? - A. Yes; when we came out, we met with the prisoner and another woman in the same dress, and they asked us to go home with them to Mrs. Brown's in Whitcomb-street; we did not mean to stop with them, but only drink a little together, and talk with them; my friend fancied this woman, and they were talking together, and the other woman attempted to rob me; my friend told me he was robbed in French, and then I saw this woman wanted to run away; she went out about half a minute, and I said, stop, come in; she came in, and directly my friend said, you have robbed me of three guineas and a half; she began to swear she had not, and she pulled off her shoes and shook her cloaths, and I saw it in her mouth, and directly as I said so, she tried to swallow up the money, and she became directly very black, and I put my hand to her throat to stop it, and she spit out a guinea, and then she would not own it; then we could not get the other guineas, because they were gone, and then we called the watchman; as we came down stairs, we were in the room below waiting for a watchman, she dropped down
Prisoner's defence. I never saw the money; the sixpence came from the pawnbroker's; it fell from my bosom; he told me he would not prosecute me, if I gave him a guinea and a half; I asked him if he knew the consequence of an oath, and to take an innocent person's life away; he said, he had lost a guinea by not going down by the coach, and he was determined to have it; he acknowledged himself on the Sunday to be in liquor, and wished he had not given charge of me, and on the Monday he said, will you give me a guinea and a half of the money; I said; I could not make it out; I am very innocent of it.
For the Prisoner.
Q. What are you? - A. I go out to work, and get my bread in an honest way.
Q. What do you know of this matter? - A. I have known the prisoner between four and five years.
Q. What do you know of any offer made by the prosecutor, the Frenchman? - A. She got into trouble, and sent for me on the Sunday to the watch-house; I went to her on the Monday morning, and the gentleman was there; and he said, if she would give him a guinea and a half, he would make it up; if she did not, he would prosecute her as the law directs.
GUILTY . (Aged 27).
Transported for seven years .
Tried by the first Middlesex Jury, before Mr. Justice HEATH.
RICHARD ROBINSON sworn. - I am a linen-draper , at No. 33, Great Mary-le-bonne-street : In January, 1796, I missed the cotton mentioned in the indictment; on the 18th of December, I met with Mr. Lightfoot; he informed me he had got a print in pawn; I looked at it, and I found it to be the same that I had lost; it has my shop mark upon it, J F and a cross, and it is marked 29 yards and a quarter in my brother's hand-writing.
Cross-examined by Mr. Knapp. Q. You missed his in January twelvemonth? - A. Yes.
Q. The cotton is a common sort of cotton? - A. Yes.
Q. You have more of the same sort? - A. We have some in the shop of the same pattern, and different colours.
Q. But other persons may have the same pattern in their shop, and the same colour? - A. Yes; but not with our mark upon it.
Q. Is he here? - A. No.
Q. Do you mean to say you never sold that? - A. Yes.
Q. Eccles was in the custom of selling in your shop? - A. Yes.
Q. Whether he sold it or not, you cannot tell? - A. No.
Q. And this is so long ago, as January 1796? - A. Yes.
Q. And you never discovered any thing about it, till the 18th of December last? - A. No; we had no idea of ever seeing it again.
Q. How many hands it might have passed through in that time you cannot say? - A. I cannot.
Q. Have you any partner in your shop? - A. No.
MILES ROBINSON sworn. - I am brother to the prosecutor: In January, 1796, we missed this piece of print; I saw it again at Mr. Lightfoot's, on the 18th of December; I know it to be my brother's property, because it has my shop mark upon it in my hand-writing.
Q. Do you serve in the shop? - A. Yes.
Q. Did you sell it to the prisoner? - A. No, nor to any other person.
Q. Do you know whether the prisoner was ever in your shop? - A. Yes, he was very often in our shop.
Q. Was he a servant, or came in to buy? - A. He came to buy, he has bought goods of us.
Q. Do you know whether he was there in the month of January 1796? - A. I cannot tell, he was often there.
Cross-examined by Mr. Knapp. Q. He was a customer, but whether in January 1796, you cannot tell? - A. No.
Q. We have heard from your brother, that a Mr. Eccles assisted in selling in the shop? - A. Yes.
Q. He is not here? - A. No.
Q. You nor your brother did not sell it? - A. No.
Q. But you will not swear for Eccles, who is not here? - A. No.
Q. Did you ask him how he came by it? - A. Yes; he told me he bought it at Mr. Robinson's.
Cross-examined by Mr. Knapp. Q. Mr. Robinson is the prosecutor? - A. Yes.
Q. You have known the prisoner some time? - A. Yes. some years.
Q. Then he came to you in February, this being lost in January, and told you he had bought it at Mr. Robinson's. - A. Yes.
The prisoner left his defence to his Counsel, and called five witnesses, who said he was strictly honest to the best of their knowledge.
Mr. Lightfoot. I delivered a coat one Saturday night to him by mistake, and on Sunday morning I found that he had returned it.
NOT GUILTY .
Tried by the second Middlesex Jury before Mr. RECORDER.
81. MARY HILLIER was indicted for feloniously stealing, on the 30th of November , one linen table-cloth, value 2s. one linen towel, value 10d. one linen pillow case, value 10d. one silver tea-spoon, value 2s. and seven diaper napkins, value 7s. the property of Elizabeth Upton , commonly called Vice-Countess Templetown, of the kingdom of Ireland.
ANN HORN sworn. - I am servant to the Dowager Lady Templetown, in Portland-place ; I cannot speak exactly to the time, but I think it was in October that the things were lost; I was very ill, and had the prisoner to look after me as a nurse, there was no other person but her in the house, the family were out of town, and after they came home, the house-keeper looked over the linen, and these things were missing, and then I had this woman taken up; when I took her up, she owned to the things, that she had stole them, she said, she had pawned them.
Q. Had not you told her it would be better for her to confess? - A. Yes; I did not see them at the pawnbroker's, I saw them before the Magistrate; on the 26th of December, the things were locked up in the drawer, and she had the key while I was ill.
ANN BISHMAN sworn. - The prisoner had a sick child with me backwards and forwards; the prisoner told me, the latter end of November, that she had paid the interest of a year off these things, and she sold the duplicates to me; I took them out, and delivered the things to the constable, except the napkins, which were never found, I know nothing of them.
JAMES KENNEDY sworn. - I am an officer belonging to Marlborough-street, (produces a tablecloth, a towel and a tea-spoon); these I got from the last witness; I got a search-warrant on Christmas-day, against the last witness, and she gave me the property immediately, and told me where I should find the prisoner; she told me she had bought the duplicates of the prisoner; the prisoner acknowledged they belonged to Lady Templetown.
The prisoner did not say any thing in her defence.
GUILTY . (Aged 45.)
Confined twelve months in the House of Correction , and fined 1s.
Tried by the second Middlesex Jury, before Mr. RECORDER.
(The witnesses were examined apart at the request of the prisoner's Counsel.)
WILLIAM GIBSON sworn. - I saw my mare upon the common, on Friday the 20th of May last, she was a sorrel mare; I did not miss her till the Tuesday following, when one of my neighbours came out, and said, so you have sold your old mare; I heard she was to be sold at Hounslow-fair, I did not go to Hounslow, but I went to Smithfield, the Friday following, and there I found her, she was then in the possession of a person of the name of Windermule; I took possession of her, and swore to my property; she was twelve hands and a half high, with a hollow back, slit in the near car, a small star in the forehead, and one of the fore teeth was decayed, I had had her four or five years.
JOSEPH KIRTON sworn. - I keep the George and Boar, the corner of Orchard-street, Westminster; I was at the White-lion, the corner of Hart-street, and James-street, Covent-Garden, and one John Summers came in, I am pretty sure, that that man at the bar came in to sell Summers a horse, on Saturday the 21st of May, they were agreeing about a horse; Summers bid a guinea, and he wanted twenty-five shillings, and they came at last to twenty-three shillings; I cannot rightly say, whether it was the prisoner at the bar that asked twenty-five shillings, or another man with him; I am pretty well assured that that is the same man, there may be two faces alike; I saw the horse afterwards in the custody of one Windermule.
FREDERICK WINDERMULE sworn. - I am a green-grocer and carman: On Saturday the 21st of May, I was at Covent-Garden, I was buying goods, and I was told Mr. Summers had bought a very good bargain of a poney, at twenty-five shillings; about ten minutes after, I bought the horse
Cross-examined by Mr. Knapp. Q. Were you at the Brown-bear, at Bow-street, at the second examination of the prisoner? - A. Yes.
Q. Do you recollect who was there, do you recollect a person of the name of Weeks? - A. No.
Q. Do you recollect a person of the name of Blunt? - A. No.
Q. Summers was there? - A. Yes.
Q. Kirton was there? - A. Yes.
Q. And Kirton's mother was there? - A. Yes.
Q. Do you remember whether Summers was in liquor or not there? - A. I cannot say; I think he was, the first time he was there, I thought so.
Q. Do you remember hearing any conversation that passed between Weeks and Summers? - A. No.
Q. You did not hear Summers say any thing? - A. No.
JOHN SUMMERS sworn. - I was in Covent-Garden, on Saturday the 21st of May, and a man asked me, if I wanted to buy a little poney, I did not know who it was, he took me up to the Whitehart, and showed me this mare, the prisoner and another showed me the mare; she was a sorrel mare, she was not in my possession a quarter of an hour, I gave twenty-five shillings for her, and I sold her directly to Windermule and got ten shillings for my bargain.
Cross-examined by Mr. Knapp. Q. You have always been certain that the prisoner at the bar was present when the mare was sold? - A. Yes.
Court. Q. Who did you give the money to? - A. I cannot say which it was.
Mr. Knapp. Q. It was another man that asked you if you wanted a mare? - A. Yes.
Q. You don't pretend to say you should know the other man? - A. No.
Q. Have you ever seen the prisoner before? - A. No.
Q. Have you ever had any doubt that it was the prisoner that was present at the time of the sale of the mare? - A. Yes; he was present at the time the mare was sold.
Q. Were you ever uncertain about it? - A. No.
Q. How many examinations did the prisoner undergo at Bow-street? - A. I don't know.
Q. Was he examined more than once? - A. I don't know.
Q. How many times were you before the Justice? - A. Twice; I happened to be a little too much in the head the first time.
Q. Were you more sober the second time? - A. Yes, quite sober.
Q. Were you at the Brown-bear on the 3d of December, the day of the second examination? - A. Yes.
Q. Do you know a person of the name of Weeks? - A. No.
Q. Do you know a person of the name of Blunt? - A. No.
Q. Kirton was there? - A. Yes.
Q. And Kirton's mother? - A. Yes.
Q. You went out of the box and had some conversation with somebody in the Brown-bear public-house? - A. No farther than having some beer with the rest.
Q. But you had no conversation at all with anybody? - A. No.
Q. You never asked any body which was the horse-stealer? - A. No.
Q. Not Weeks, or any body else? - A. No.
Q. Upon your oath have you never asked any body in the house, in the Brown-bear, which was the horse-stealer? - A. I did not.
Q. To have him pointed out to you? - A. I did not.
Q. Do you know a person of the name of Carey? - A. Yes.
Q. Had you any conversation with him? - A. No.
Q. When did you see Carey, after the man had been committed? - A. He lives just facing me.
Q. Had you any conversation with him the day after he was committed? - A. I was just telling him of the man being committed for horse-stealing.
Q. Did you tell him you had any doubt of the person? - A. I told him that was the man.
Q. Are you sure of that? - A. Yes.
Q. Do you remember Mrs. Kirton being present? - A. Yes.
Q. You don't remember her pulling you by the sleeve, and telling you which was the man? - A. She never told me any such thing.
Q. What are you? - A. A cow-keeper.
Q. How long have you been so? - A. Twenty years.
Q. You used to take a little grog sometimes? - A. Sometimes.
Q. You had some this day? - A. Not till afterwards; I cannot go through a whole day without.
Prisoner's defence. I never saw either of those men in my life till I was taken up, I am as innocent as the child unborn.
Q. Do you remember being present at the Bull public-house, in Gray's-inn-lane? - A. Yes; it was the day that Mr. Kirton took the prisoner into custody, I saw him take him.
Q. Who was present at that time, and what time of day was it? - A. I had been to see the landlord, Mr. Spencer, he is an intimate acquaintance of mine.
Q. Tell us what you heard relative to this transaction; was Kirton there? - A. Yes, and some other person, I don't know who; I observed Mr. Kirton ask Notley if he did not know him; and he said he did not; he asked him if he did not recollect felling him a bay little cropt horse; and he denied it, and said he did not know him, and had never sold but one horse in his life, and that belonged to his master, Mr. Catlin, and he sold that in Smithfield, for. I won't be certain which, twenty-five or twenty-four shillings.
Q. Did he describe that horse that he sold for Mr. Catlin? - A. I don't know that, I heard him describe it; Kirton went on further, as I thought, to convince himself whether he was the man; he asked him if he did not, when he sold the horse, promise to treat him with sixpennyworth of liquor; and he said, no, he never did any such thing; by the method of his conversation I thought Kirton did not know the man; I then, hearing him so serious in discourse, asked Kirton it he was joking with him; and he said, no, he was not; I asked him if he was an officer; he said, no, he was not; he said, any body could take a thief, and I will take him; then, says I, I have nothing more to say, it is no business of mine; but I thought you were romancing with the man. Notley then got up, and said, he would go any where, just where he pleased; and appeared no way concerned at all.
Court. Q. Did any body else interfere besides Kirton? - A. There was a person with Kirton, but I did not know who he was.
THOMAS SPENCER sworn. - Examined by Mr. Knapp. I keep the Bull public-house, and the Bullyard-Inn, Gray's-inn-lane. I know the prisoner, I know Mr. Kirton, and I know Mr. Murdy; I remember their being in my house on Friday the 9th of December, the night that Notley was apprehended.
Q. Was a person of the name of Summers there? - A. No.
Q. Do you remember any conversation taking place between Kirton and Notley? - A. Yes, I remember some part of it; in the first place, Mr. Kirton came into my house and called for a pot of ale, after sitting there about ten minutes, an acquaintance of his came in and helped him to drink that ale.
Court. Q. Did you find out who that acquaintance was? - A. Yes, Mr. Burley; and then the prisoner came in, and sat the other side of the table, there were three table, in the room; after sitting about ten minutes. Kirton accused him with selling him a bay cropt horse, and told him he was a treat in his debt, and wished to have it then; Notley told him he was no treat in his debt, that he never had a horse in his life, nor ever saw him before in his life; then Kirton told him he certainly sold him a horse at such a place, in Hart-street, at such a time, and he was to take it the next morning to his house; and that when he went the next morning with it Mr. Kirton was in bed, and his mother was up, and paid two guineas for it, after that, he told him he would take him up for stealing that horse; and the prisoner told him he would go with him any where, whenever he chose, without any constable, or any thing else; that is all I know, except going in the coach with him to Bow-street.
Q. Were you present at the examination at Bow-street? - A. Yes; when we went to Bow-street, we were set down at the Brown-bear, Burley and the prisoner, and Kirton, were in the coach, and one other gentleman that I don't know, a Mr. Dunn; the prisoner was examined at Bow-street.
Q. Was the witness Summers there? - A. Not at the first examination; Kirton was examined first, and Mr. Burley was called up next.
Q. Upon that examination, Kirton swore that the prisoner had sold him a horse; and he was committed for further examination? - A. Yes.
Q. Are you sure Summers was not present at the first examination? - A. I did not hear the second examination.
Q. Did you ever have any other conversation with any body upon the subject? - A. No.
Q. Do you remember his being taken up? - A. Yes.
Q. Before you went into the Justices did you go into the Brown-bear? - A. Yes; I sat behind the door waiting for the prisoner, and Summers came and placed himself down by the side of me.
Q. I believe you were formerly servant to Mr. Long, the surgeon? - A. Yes; Summers sat down by the side of me, and asked me if I was the horse-dealer; and I said, why? Because, says he, it you are, if you will give me a guinea and an half, or
Q. Did you know this fellow before? - A. I never saw him before in my life; I and a coachman were sitting together.
Q. What was his name? - A. Mr. Blunt; he spoke very low to me these words, and got up and went away.
Q. Of course you did not give him a farthing? - A. No; for I believed the prisoner was thoroughly innocent, for I had known him two years and upwards; he was at work for Mr. Catlin, a stable-keeper, in Gray's-inn-lane, who is now in trouble, and in the King's-Bench prison; and then he came to live with me.
Q. When did you see Summers again? - A. I never saw him till the third examination, when he went over to the bar, he then swore to the man; I was at the first examination, and the Justice told him to look round, and see if he could see the prisoner, there was no other person at the bar; Mr. Kinnard ordered him to look round, he looked round some time, and he scratched his head, and said, no, he is not here.
Q. Did he turn round so that he could see the prisoner? - A. I suppose he looked round five moments, quite long enough to have seen him if he had known him; and at the second examination he swore to him.
Court. Q. Who did you say you originally lived with as servant? - A. Mr. Long, thirteen years; what I saved there, and a lady that I lived with died and left me what she had, I went into business for myself; I said, poor fellow, I would go and say that he had worked for me, and that I had never heard any harm of him.
Q. You took notice of the tone and voice of Summers, that it was rather low? - A. Yes; he slipped himself close down by me, rather more similiar than I liked, and said, hark'e, I want to speak to you; he appeared to be very drunk afterwards when he came to the Justice, and Mr. Kinnard was very angry with him, and told him to be sure and come very sober next time.
Mr. Knapp. Q. When was this conversation that you have been descrbing-at the first examination? - A. Yes.
Q. I understood you to say, that this conversation took place in the public-house? - A. Yes.
Q. Was that previous to the second examination? - A. Yes.
Q. How long before the second examination? - A. This was at the first examination, and then we all went over at the second examination, he swore to him without hesitation.
Q. Was he sober then? - A. I did not see much difference in him, he seemed to speak better, and without hesitation before the Justice.
Q. You were present when he did swear to him? - A. I was not present all the time.
Q. Do you remember Kirton's mother being there? - A. Yes.
Q. Do you remember her saying any thing, or doing any thing? - A. Yes; that was at the first examination, he was ordered to look round, the Justice was very angry with him for coming so; he came down, and she tapped him on the elbow, and then he said, that is the man, d-n my eyes, that is the man, and he was instantly ordered to be turned out of the room, he made such a noise.
Q. Do you remember his being taken up? - A. I was told of it the next morning; I was at the second hearing at Bow-street, and at the Brown bear; Summers was there, he said to Mr. Weeks, as near as I can recollect, are you the prisoner, or do you belong to the prisoner; I sat opposite to Weeks and Summers, and Weeks said to me, what do you think this man says, if I will give him a guinea and an half, he will not swear against the man; Summers was sitting by him then.
Court. Q. Must Summers have heard this? - A. Yes, he was close to him; then Summers got up and went away, and I went over before the Justice, and there I saw Summers, and he was asked if he knew the prisoner, this was at the second examination, and he looked about and did not know him.
Q. Are you sure you are speaking of the second examination? - A. Yes, I was not at the first.
Q. Do you remember the day of the mouth? - A. No, I do not.
Court. Q. He is certainly mistaken, he must mean the first examination.
Mr. Knapp. Certainly, My Lord, there is no doubt of it, it must have been the first.
JOHN GIBBONS sworn. - Examined by Mr. Knapp. I drive a hackney-coach for Mrs Catlin; I was present at the second hearing, at Bow-street, when Summers swore to his being the man.
Q. Do you remember Summers saying any thing about it after the second hearing? - A. Yes; we went from the office into the Brown-bear, and he came in, and asked which was the horse stealer, he says again, which is the horse stealer, and clapped me on the shoulder, and asked me which was him; I said, that is the gentleman that is accused of it, he tapped him on the shoulder, and he said to the prisoner, my lad, I know nothing of you, I cannot swear to you, but give me hold of your hand, and let us have a drop of porter.
Court. Q. Did he say this loud? - A. Yes, loud enough for any body to hear him, if they noticed it.
Q. Do you know a person of the name of Summers? - A. Yes, a cow-keeper; I have known him these fourteen or fifteen years.
Q. Do you think him, from the knowledge you have of him to be a man that you would believe upon his oath? - A. He is a man very much given to liquor, I have known him in liquor by eight or nine o'clock in the morning.
Q. But would you believe him upon his oath? - A. I should think, when he was drunk, his word would not be taken, that is all I have to say.
Court. Q. Is he a man in good circumstances? - A. I never heard any thing of him, but that he was an honest man.
Q. Is he a man of substance? - A. I know very litle of him, but he walks about the streets with cows, and sells milk.
NOT GUILTY .
Tried by the second Middlesex Jury, before The LORD CHIEF BARON.
83. WILLIAM BUTLER and WILLIAM NASH were indicted for feloniously stealing, on the 16th of December , twenty pieces of timber, called beech-quartering, value 5s. five pieces of timber, called inch-beech board, value 5s. fourteen pieces of timber, called inch and a half plank, value 14s. a piece of timber, called half inch board, value 6d. and another piece of timber, called one inch and a quarter ash-timber, value 2s. the property of John Prior .
JOHN PRIOR sworn. - I am a chair-maker , at Hillingdon-end ; I have known the prisoner Butler, seven years, and the other half a year; Butler was servant with me seven years, and Nash came to me after the harvest; in the night of the 16th of December, I was alarmed, but did not go out for fear of any body bursting in, the next morning I missed the timber.
WILLIAM ROBERTS sworn. - I am servant to the prosecutor; I had seen this timber a little before, in the morning; I went to Kensington Gravelpits, I overtook the waggon with the timber in it; I went to Marlborough-street, and got two constables, and they apprehended the prisoners.
WILLIAM HERON sworn. - I am a waggoner; I had this timber, at two o'clock in the morning, of the two prisoners, Nash and Butler; they told me I was to bring it to London, and they would meet me there.
Q. Do you remember being stopped, and the timber taken from you? - A. Yes; Roberts stopped me and claimed the timber.
JOHN WARREN sworn. - I am a constable belonging to Marlborough-street: On Saturday the 17th of December, I apprehended the prisoners in George-street, Grosvenor-square, they were unloading the timber, they had taken out two pieces; I told them that they were my prisoners, they asked me what it was for, and I told them.
Prior. I know this to be my timber, I know it by the length, and by a remarkable shake in the timber; I cut this piece out myself, and it is a little matter cracked.
Prisoner Nash. All timber is shook in the heart of it.
Prior. This piece of ash I have had by me a long time.
Roberts. I know the ash by the rind gall at the top.
Butler's defence. I am not guilty, I went to help Nash, that is all I know about it.
Nash's defence. I bought it of Mr. Prior, I have bought a great deal of timber from him.
Court. (To Prior.) Q. Did you ever sell any to Nash? - A. I never sold him any beech in my life, nor ash.
Butler, GUILTY (Aged 34).
Nash, GUILTY (Aged 30.)
Confined two years in the House of Correction , and fined 1s.
Tried by the second Middlesex Jury, before Mr. Justice HEATH.
84. ELIZABETH LEWIS was indicted for feloniously stealing, on the 26th of December , six guineas and six shillings, and a silk purse, value 2d. the property of Samuel Winn , in the dwelling-house of John Wallis .
SAMUEL WINN sworn. - On the 26th of December, I met the prisoner in Dyot-street , about half past eight o'clock; I made a bargain with her to give her a shilling, and went into a private room with her; I went up stairs with her upon the bed, and after we had been a few minutes upon the bed, I felt her hand pull something out of my waistcoat pocket; I missed six guineas and six shillings, I saw it as I was going up stairs with her.
Q. Are you a common soldier ? - A. Yes.
Q. Was any of your money marked? - A. No; some of it was found upon her, I am sure it is the same.
Q. Were you perfectly sober? - A. I was as much sensible as I am now.
GEORGE DONALDSON sworn. - I searched her, and found four guineas, three shillings, two sixpences, and one shilling and nine-pence in halfpence; I told her I had got her for robbing a man, and she was quite in liquor.
Q. Did you see the soldier that evening? - A. Yes.
Q. Was he in liquor? - A. Rather so.
Prisoner's defence. I don't wish to speak a word till I have my money again.
Of stealing, but not in the dwelling-house .
Transported for seven years .
Tried by the second Middlesex Jury, before Mr. Justice HEATH.
(The case was opened by Mr. Gurney).
It appeared in evidence, that the prosecutor, who is an attorney in the Fleet, was indebted to the prisoner 6l. 15s. 1 1/2d. a debt he had recovered for him; that the note being produced to pay him, he took it out of the hand of the prosecutor's wife, and said, he would get change, and went away with it and never returned. (The Court were of opinion it did not amount to a felonious taking).
NOT GUILTY .
Tried by the London Jury, before Mr. RECORDER.
86. WILLIAM SMITH was indicted for feloniously stealing, on the 30th of December , six silver table spoons, value 40s. two silver salt holders, value 20s. a silver pepper-castor, value 5s. and a silver soup-ladle, value 42s. the property of Samuel Durham , in his dwelling-house .
(The witnesses were examined apart at the request of the prisoner).
SAMUEL DURHAM sworn. - I keep the Antwarp-tavern, Threadneedle-street ; the prisoner at the bar came to my house on Friday, the 30th of December, and went into a room below stairs and called for a bason of soup; he then told the waiter he wanted to order dinner for three gentlemen; the waiter came to me, and desired I would go in and take the orders; I went in, and asked him what he would have for dinner.
Q. He ordered dinner? - A. Yes; I went out to market to get some fish that he had ordered.
Q. What time did he come? - A. About two o'clock, and desired the dinner to be ready at half after three, and to have a room up stairs; I went to market for the things, and gave orders to the waiter to prepare the room for him; I did not see him afterwards; he did not come back to eat his dinner.
Q. Are you perfectly sure that is the man? - A. Yes.
Q. Was there any thing missing that day? - A. Yes; six table spoons, a ladle, two salts, and a pepper-castor; they were taken from the room he was shewed into, a two-pair of stairs room; the waiter came down to the bar and told me the room was stripped; that the plate was all gone.
EMANUEL HARRISON sworn. - I know the prisoner perfectly well; I knew him when I saw him at Bow-street; he came between twelve and one o'clock, and ordered a bason of soup, which he paid for; we had a dinner ordered in the one-pair of stairs floor; this young gentleman ordered his dinner at about a quarter past three, not to exceed twenty minutes; he came about a quarter of an hour before the dinner was to be sent up; my master ordered me to shew him up stairs; he asked me if we had a little boy in the house that he could send of a message; I asked him how far; he said, only over to the Stock-Exchange coffee-house, to fetch a parcel for him, directed to Mr. Smith; I said, he should go; my master and I had our dinner; after I had served the people in the one-pair of stairs, I went up into the room, and came down again to the bar; the boy was at the bar, just returned from the Stock-Exchange coffee-house; I asked him what he had done with the plate, if he had brought it down; I had seen it in the room a little before; he said, no; I said then he had let the man run away with the plate; he went out with the boy to shew him the way to the Stock-Exchange coffee-house.
Q. You saw the plate in the room three or four minutes before? - A. Yes.
Jury. Q. Was the prisoner in the room when you saw the plate there? - A. Yes.
Court. Q. Was the plate in the room when you shewed the prisoner in? - A. It was.
Q. See if you know the prisoner? - A. Yes.
Q. When did you see him before this? - A. At the Antwerp tavern, on the 30th of December, the sore part of the day; he ordered a dinner, and then he went out.
Q. Did you see him when he returned the second time? - A. Yes, about three o'clock.
Q. Was there any plate in the room at the time? - A. Yes; I carried the plate into the room myself just before; there were six table-spoons, two salts, a pepper-castor, and a soup-ladle; the waiter sent me up stairs to go of an errand for him; I went up, and he asked me if I could go to the Stock-Exchange for him; I said, yes; he asked me if I had got the wafer he ordered the waiter to send up; I said, no, I have not got the wafer, but I will go and fetch it; he said, no; never mind the wafer, do you go down and wait a minute or two for me, I want you to go to the Stock-Exchange coffee-house to fetch a parcel for me; I waited a minute or two down stairs, and he came down stairs, and I went to the bottom of the stairs at the Stock-Exchange with him; he then said to me, do you go up stairs, and ask for a parcel left in the name of Smith; I went up stairs to the bar of the Stock-Exchange, and asked for a parcel in the name of Smith; they said, there was no such thing there; I went back to the Antwerp tavern door; he said, he should go back there and wait for me; I waited at the door to see if I could see him, but I could see nothing of him.
Q. When was it he said he should be at the Antwerp tavern? - A. In the way as I went with him to the Stock-Exchange; the other waiter went up into the room to see if I had set all the things right for dinner; he came down, and said, I had not set the plate.
Q. Did you go up to see for the plate? - A. Yes, and there was none there; I said, I had set every thing in its place; he said, then the man had gone away with it; and he went to the Stock-Exchange, to see if he could see any thing of him.
Q. Did he ever come back? - A. No
Q. Was the plate in the room when he came the first time, and ordered the dinner? - A. He did not go into that room when he came the first time.
Q. You don't know the value of this plate? - A. No.
Q. Has any part of the plate been recovered? - A. No.
Q. (To Mr. Durham). What is the value of this plate? - A. It is worth a good deal more than I have valued it in the indictment.
Q. When had you last seen the plate yourself? - A. In the morning, or over-night; it was in the bar.
Q. The six table-spoons are valued at 40s. are they worth that? - A. Yes: the two salts, 20s. the pepper-castor, 5s. and the ladle, 42s.
Q. Do you think they would sell for that? - A. Yes, more.
Q. No part of the plate has been found? - A. No.
Q. How did you find the prisoner? - A. Hearing of some other business, I went to Bow-street, and saw the prisoner.
Q. How long after you were robbed? - A. About a week.
Prisoner's defence. The plate was in the room when I left the room; I have no witnesses.
Jury. (To Harrison). Q. You went with the prisoner into the room? - A. Yes.
Q. Did you leave him there? - A. Yes.
Q. How long did you leave him there, before he left the room? - A. About eight minutes.
Q. Did you send the boy up immediately? - A. Yes.
Q. Did nobody else go into the room? - A. Nobody, to my knowledge; there was nobody in the house but the servants.
Jury. (To Haggard). Q. How long did you wait for the prisoner before he came down to go with you to the Stock-Exchange? - A. About two minutes.
Q. There was nobody else in the room with you but him? - A. No.
Q. Had he any great coat on? - A. He had a spencer on.
GUILTY Death . (Aged 20.)
Tried by the London Jury, before Mr. RECORDER.
WILLIAM TILT sworn. - Examined by Mr. Knowlys. I am a confectioner , in Cheapside ; the prisoner was my shopman : In consequence of a suspicion that my till had been robbed, on the 7th of January I marked ten shillings; there was one half-crown.
Q. Was Mr. Garner present when they were marked? - A. I went to his house to mark them; I gave it to Mary Hill to lay it out in goods in my shop.
Q. About what time was it you marked this money, and delivered it to Mrs. Hill? - A. Between five and six o'clock.
Q. When was it you came to your house to examine your till after that? - A. Near eight o'clock; when I went out I left four sixpences in the till, to know how much money there should beMary Hill , and a shilling by another person; when I came home, there were only seven shillings and sixpence in the till; I got a constable, and the person that marked the money, Mr. Garner, and took him into the counting-house; I told him I wanted to see what silver he had in his pocket; he pulled out fifty-three shillings in silver from his waistcoat pocket; upon examining that silver, I found a half-crown and three shillings marked with Mr. Garner's mark upon them; we asked him how he came by that silver; he said, it was all his own; Mr. Garner said, he would swear to the marks on the three shillings and half-crown; in consequence of that I sent him to the Compter; the half-crown and three shillings are in the possession of the constable, Mr. Mason.
Cross-examined by Mr. Const. Q. Mr. Garner marked this money? - A. Yes.
Q. Did you see him mark it? - A. Yes.
Q. What kind of a mark was it? - A. A kind of a half moon.
Q. Was it such a kind of mark as you could swear to? - A. Yes; I think I could.
Q. You left four sixpences in the till? - A. Yes.
Q. And found seven shillings and sixpence only? - A. Yes.
Q. How much did you suppose was gone? - A. Five or six shillings.
Q. Why do you suppose five of six shillings? - A. There was one shilling laid out by a person we saw come out.
Q. How do you know that? - A. I asked Mrs. Tilt; there might be more laid out.
Q. You think you missed five or six shillings? - A. There were thirteen, to my knowledge.
Q. You found in his pocket half-a-crown and three shillings? - A. Yes, of marked money, out of fifty-three shillings.
Q. Is it usual for the shopman to give change in the shop? - A. It is not usual; he has sometimes done it.
Q. He has lent money to the till, and taken money from it? - A. I don't remember more than half-a dozen times in the three years he was with me.
Q. He takes money when you are out? - A. I am generally at home, except when I am on a journey.
Q. Had he ever occasion to apply to you to advance money for him? - A. No.
Q. Has he ever left money in you hands? - A. Yes, his wages; if he had been with me to the end of the year, I should have owed him twenty pounds.
Q. Where did you get this man when he came to you? - A. He had been a bankrupt, and was very strongly recommended to me, he had been a jeweller, I wondered how he could live on my service as he did; I asked him if he had any other resources; he said he did not know that he had; he spent, I suppose, an hundred pounds a year more than I allowed him, that led me to suspect him.
Court. Q. When he took change from the till, did he ask your leave? - A. He had no business with the till.
Court. Q. You found no gold in the till in lieu of the silver? - A. None.
Mr. Tilt came to our house in the evening of the 7th of January, he delivered me eleven shillings.
Q. In what coin was that eleven shillings? - A. A half-crown, eight shillings, and a sixpence.
Q. Did you observe whether that money was marked or not? - A. I did not; I put the halfcrown and three shillings into a bit of paper, and sent my servant, Ann Wilson , with directions to lay it out at Mr. Tilt's shop; I gave the rest to Mary Bushman .
Cross-examined by Mr. Const. Q. You knew the business yourself? - A. Yes.
Q. But you did not see the mark? - A. No.
Q. Nor, of course, you don't know yourself what they did with it? - A. No.
I am servant to Mrs. Hill: On the 7th of January, I received from my mistress five shillings and sixpence.
Q. What kind of money was it? - A. I don't know, it was put up in a paper; I delivered it to the prisoner in the paper as it was given to me.
Q. What did you receive for it? - A. I don't know what the goods were.
Q. You received some goods for it? - A. Yes; and had three-pence in change.
Q. Where did you deal with the prisoner? - A. In Mr. Tilt's shop in Cheapside.
Q. What time was it when you went with this? - A. About a quarter after seven in the evening.
Q. Do you know Mary Bushman? - A. Yes.
Q. Did she go at the same time with you? - A. No.
Cross-examined by Mr. Const. Q. You did not see the money at all? - A. No.
Q. Where did he put it? - A. I don't know whether he put it in the till or not.
Q. And you don't recollect what the goods were? - A. No.
Q. You were told to take notice? - A. No, I was not.
Mr. Const. Q. Did you know the prisoner before? - A. I never saw him till that night; I should know him again if I were to see him, (looks at the prisoner); that is the man.
Q. But you knew where he stood, probably, now? - A. Yes.
Jury. Q. Are you positive that is the person that took the paper of you? - A. I am sure of it.
Q. What directions had you respecting that? - A. To go to Mr. Tilt's shop, in Cheapside, and to purchase some articles to the amount of four shillings and sixpence, I paid four shillings and sixpence for them; I dealt with the prisoner at the bar.
Q. Look at him; are you sure he is the man you dealt with? - A. I am certain of it.
Q. Did you pay him with the same money that you received from the hands of Mrs. Hill? - A. I did.
Q. You are sure of that? - A. I am certain of it.
Q. Did you yourself observe whether there was any mark upon that money? - A. I did not.
Cross-examined by Mr. Const. Q. You did not observe any mark, you say? - A. I did not.
Q. Was it wrapped up? - A. No.
Q. You received of Mrs. Hill five shillings and sixpence? - A. I did.
Q. But you were only to lay out four shilling and sixpence? - A. The articles that I went for came to four shillings and sixpence.
Q. What did you do with the other shilling? - A. I gave it to Mrs. Hill; one of the articles was a quarter of a pound of candied ginger, came to three shillings; but I cannot recollect what the other articles were, they were put down.
Q. You did not know what the articles would come to before you went? - A. No.
Q. Had you ever seen that man before? - A. Not to my knowledge; but I know the prisoner is the man I paid the money to; I carried the money in my hand all the way from Mrs. Hill's to the shop.
Q. Were you told what you were to do? - A. I was told not to put the money in my pocket, it was marked.
Q. But you did not see the mark? - A. No.
Q. Did you look to see whether it was good or bad? - A. I did not.
Q. Nor you did not see what he did with it when he received it? - A. No, I did not.
SAUNDERS MASON sworn. - Examined by Mr. Knowlys. I am a constable: Mr. Tilt came and fetched me to apprehend the prisoner; Mr. Tilt requested him to produce what money he had in his possession; he then put his hand into his right-hand waistcoat pocket, and pulled out a quantity of silver, and then he put his left-hand into his left-hand waistcoat pocket, and did the same, amounting in all to fifty-three shillings.
Q. Amongst that were there any pieces of money that Mr. Tilt claimed? - A. There were three shillings and three half-crowns, which were marked.
Q. Have you got them? - A. Yes, and five guineas in gold besides; he said, that none of the money that he laid on the table was Mr. Tilt's.
Q. About what time was it? - A. About nine in the evening.
Q. Now produce that marked money that was taken out by Mr. Tilt. (Produces it).
Q. How much money did you mark for him? - A. Two half-crowns, some shillings, and some sixpences.
Q. Look over that money, and see if you can find any pieces of money that you marked for him at that time? - A. Here are three shillings, and half-a-crown, that I marked for Mr. Tilt on the 7th of January, about six o'clock in the evening.
Q. What mark is it? - A. A sort of a half circle, marked with a punch.
Mr. Knowlys. (To Mr. Tilt.) Q. Look at this, and tell us if this is the money Mr. Garner marked for you? - A. They are all the same.
Mr. Const. (To Mr. Garner.) Q. You speak of the mark, there are two half-crowns besides in that packet, you know nothing of them? - A. No.
Q. With respect to the marks that were put on, they were put on by a common tool? - A. Yes.
Q. It is hardly a question one can ask you, whether it is a common thing to have a piece of coin so marked? - A. I never saw any so marked; this is a punch of my own making, and I don't think there is another like it.
Q. What may be the use of that particular punch? - A. It is used in watch work, and part of it is broke off.
Q. Is there nobody else in that line of business that used such a punch? - A. I don't know that they ever did.
Q. Is it not likely that other persons may have used the same sort of tool? - A. They may certainly. (Produces the punch).
Q. What passed between him and you at the Compter? - A. He told me that he and his master had some mistake in reckoning of about four or five shillings, and he wished me to say that he had given it to me as a part of my wages; I told him that I could not think of doing any such thing; I told him, I thought I might be brought upon my oath upon it, and I might forswear myself an hundred times.
Prisoner's defence. I shall leave it to my Counsel; except observing, that I had free egress and regress to the till; and that I used to lend money occasionally out of my pocket to the till.
GUILTY . (Aged 35.)
Transported for seven years .
Tried by the London Jury, before Mr. Justice HEATH.
88. JOHN GAMBOL was indicted for feloniously stealing, on the 6th of January , a linen handkerchief, value Is. three linen shirts, value 7s. 6d. three muslin neckcloths, value 6s. a cotton waistcoat, value 5s. a pair of cotton stockings, value Is, and a cotton night-cap, value 6d, the property of Robert Tomkins ; three linen shirts, value 7s. 6d. two cotton night-caps, value 6d a pair of cotton stockings, value 1s. six linen handkerchiefs, value 6s. a diaper breakfast cloth, value Is. and two diaper table-cloths, value 4s. the property of Thomas Carter .
MARY CARTER sworn. - Thomas Carter is my husband; I came in the Walthamstow coach, to the Four Swans, in Bishopsgate-street , on Friday last, the 6th of this month, about seven in the evening; I brought a basket of linen with me, which I left in the care of the coachman, the coachman came to me at my own house, in Crosby-square, about half an hour after, and told me the basket was stole, and that the landlord had caught the thief, and he would be much obliged to me to go and own the linen, which I did; the basket had been opened, but I found the linen tied up as I left it; the basket it was put in was not found, the linen was given to the constable.
ROBERT TOMKINS sworn. - I am coachman to the Walthamstow stage; on the 6th of January, Mrs. Carter came to town in the stage, about ten minutes after seven o'clock, she brought a basket of linen with her, which she left in my care, it was a rush basket closed up, and corded, that I could not see what was in it; I put it in the tap-room, under my great-coat; about twenty minutes after, as soon as I had settled with my passengers, I went in for it, to take it to the lady, and it was gone; I asked Mr. Parker, the landlord, if he had moved the parcel, he said, he had not seen it, he then went out, and saw the prisoner with a bundle, in the gate-way, and followed him across the way, and brought him back into the tap-room; I saw the prisoner standing in the room when I put the bundle down; I saw the bundle when Mr. Parker brought it in with the prisoner; I don't know that it was the same that was in the basket, the basket was not found, the cord that was round the basket was found upon him.
DANIEL PARKER sworn. - I keep the Four-Swans tap, in Bishopsgate-street; on Friday the 6th, the prisoner came in with another companion, about two or three in the afternoon, they drank a pot or two of beer, and then went out; they came again about half after seven, or between seven and eight; the Walthamstow coach came in, the coachman generally brings his coat, and the parcels into the tap-room; I did not see him come in that afternoon at all, I was backwards about my business; I came into the tap-room, the coachman asked me, if I had seen a basket, I told him, no; he said, it was a parcel he was to carry home for a passenger; my wife then asked where the carter was, meaning the prisoner, I looked, and he was gone; I went out into the yard, and saw him standing at the left hand corner of the gateway; he went across the way, I followed him, and laid hold of him, and asked what he had there, he said, nothing or nothing but a bundle that he had found in the yard; I said, it was one, or was it not one that he had stole out of the tap-room; I took the bundle from him and collared him, and brought him back; coming through the yard, he pointed to a corner, where he said he picked it up behind a cart; I brought him into the tap-room, and put the bundle on the table; I then desired Tomkins to send for Mrs. Carter, she came, and I asked her what she had lost? she said, a bundle, containing some linen; she said, it was done up in a check, or blue plodded handkerchief, and that there was a red handkerchief inside of the blue one; I then produced the bundle, and she said it was her's; I left the bundle in the care of the coachman while I went for an officer, and he was taken into custody; when I returned, I found the bundle on the table, where I left it; I was gone about five minutes, I told the constable to take it.
Q. (To Tomkins.) The last witness has told us he left the bundle in your care, did you keep it till he returned? - A. I did.
MOSES EDMONDS sworn. - I am constable of Bishopsgate Ward; last Friday night, Mr. Parker came for me to go and take the prisoner into custody; I went over, the bundle was there, and Mrs. Carter looking over the things; it was deli
Prisoner's defence. I was drinking at Mr. Parker's towards seven o'clock; I went out to make water against the wall, and picked up a bundle, I walked about in the gateway with it, about ten minutes; Mr. Parker came, and asked what I had there; I said, a bundle, I picked it up behind the cart; he said to the coachman, is this the bundle you have lost, he said, no, he had lost a flat basket.
GUILTY . (Aged 42.)
Confined six months in the House of Correction , and fined 1s.
Tried by the London Jury, before Mr. RECORDER.
89. SAMUEL NORTHCOTE , and BENJAMIN TOMKINS were indicted for feloniously stealing, on the 12th of December , thirty pounds of mutton, value 15s. eighty pounds of bees, value 40s. and one iron clever, value Is. the property of John Kitchen , and a knife with a wooden handle, value 6d. the property of Thomas King .
JOHN KITCHEN sworn. - I am a butcher in Howland-street, Tottenham-court-road , Thomas King is my man; in the night, between the 12th and 13th of December, I had my slaughter-house broke open, and three sides of beef, the thick and thin flanks and briskets cut off, and the kidney suet and the kidneys, and the fat off the buttocks.
Q. How had you left the slaughter-house at night? - A. Locked up safe; I locked it myself, I was the last person that came out of it; all the thin fat, and the rough fat was gone out of five sheep, and three shoulders of mutton; my man alarmed me about half after six in the morning, I went to the slaughter-house, the door was not broke open, they got in at the top lost, which was left open for the air, we could see by the print of their feet that they got in there, and there was a ladder set, in Howland-street, opposite to my house; the prisoner Northcote told me he was one of the persons.
Q. How came he to tell you that? - A. I don't know; I asked him, and he denied it at first, but afterwards, at Marlborough-street, he said that he was one of the persons.
Q. Did you make him any promise, or use any threats to induce him to say that? - A. No; I asked if he helped to cut the meat to pieces; he said, he cut none at all; he said, Tomkins cut the meat, for he could come at the flanks of the bullock better than he could, because he was taller; he said, I was satisfied with the first load, but Tomkins was not he would go back for the second.
Q. Did he say where he was when the other cut it? - A. He said, he was in the slaughter-house with him.
Q. Did he say he himself came back for a second load? - A. He said, they both came back again; he said, they were in the slaughter-house when the watchman came down two o'clock.
Q. What is the business of Northcote and Tomkins? - A. I know no more than I was informed, that one was a tripe-man , the other a hairdresser .
Mr. Knapp. Q. What Northcote said, was, when Tomkins was not present? - A. Yes, he was not taken then.
Q. When he was taken, he asserted his innocence? - A. Yes.
THOMAS KING sworn. - I am servant to Mr. Kitchen: Upon the 13th of December, in the morning, I went to the slaughter-house, and found the ladder up against the lost head; I opened the door and went in, and saw the meat cut and mangled all to pieces; I ran up and told my master; and he came down and looked to see where they got in; we tracked them over the winch, where we thought they got in; the three sides of beef were cut all to pieces; I know nothing but what my master has mentioned; I lost a knife, and there was a cleaver lost; they were found by the watchmen.
WILLIAM FLUDD sworn. - I was a watchman in the parish; about a quarter after two, my fellow-watchman told me there were two men going along with something in a bag; I followed them; this was in the New-road; I came up with the short man, Northcote, and asked him what was in the bag; he told me it was turnips; I laid my hand on the bag, and felt it, and he threw the bag down and made off; I made after him and sprung my rattle; the other man made off at the same time; I followed Northcote, and never lost sight of him till he was taken by the patrol, and we took him to the watch-house; there was some beef, and a cleaver in the bag he threw down; I gave them to the night constable, Mr. Chinnery.
Q. Did you find any turnips in the bag? - A. No; I then pursued the other man till I lost sight of him; the bags were found near each other; the other man threw the other bag in the road when he ran off; they were not moved till I came up again; in the other bag there were some shoulders of mutton, and some suet.
Q. Can you say which of the bags was thrown down by Northcote, and which by the other man? A. Yes.
Q. Could you distinguish the other man's face, so as to know him? - A. Not very particularly; I could not.
EDWARD KENDALL sworn. - I was with Fludd on Monday night; I saw two men go by, each with a bag upon his head, at the end of Mr. Mortimer's market, in the New-road; it is called the Terrace, Tottenham-court-road; I had no suspicion of them then at all; about a quarter past two I saw two men coming by again; I took them to be the same men; that gave me a suspicion that they had something they should not have; they had each of them a bag; I went over the way to Fludd, and told him my suspicions; he went up on the left hand side of the way, and I on the right hand side, just as they turned the corner of Tottenham-court-road; Fludd asked one of them what he had got; one of them said, turnips, which I cannot say; the other man, who was before Northcote, threw down the bag; Northcote turned and looked me full in the face, and then ran away; I went to catch at him; he threw the bag down; with that I sprung a rattle; this watchman made towards him, and struck at him with a stick; he missed him; he ran across the fields through the turnpike, and one Underwood, here, pursued him; there was nobody followed Northcote but Underwood; nobody followed Tomkins that I saw.
Cross-examined by Mr. Knowlys. Q. You don't mean to say that Tomkins was that other man? - A. No.
THOMAS UNDERWOOD sworn. - I am a watchman and a patrol all night long in Southampton-row; at about a quarter past two, I heard the rattles go, and I saw a man turn into Mr. Francis's cow-layer; then I bundled over after him into Mr. Mortimer's field, and away out of the field into the market, and over a great high fence; we both of us bundled into Pancras-street; then one Whitehurst stopped him for me.
- CHINNERY sworn. - I am a constable; the prisoner Northcote was brought to me; there was one bag with five pieces of beef, and the other bag contained three shoulders of mutton and the suet; the cleaver was in one of the bags. (Produces it).
Prosecutor. This is the cleaver; it was in my slaughter-house the night it was robbed.
Northcote's defence. There was not a soul concerned with me, I was hired into the business; this man said, if I would say John, Will, or Tom, was concerned with me, he would be favourable to me; and he put my hands into bolts in a cruel manner, and he said, I should say to somebody; and then I said to this man, Tomkins; and they said, that was the least punishment I should have, for one month; I was obligated to blame somebody, I might as well have named you as this man; I was hired into the job; a man asked me if I was willing to earn five shillings; I said it was very acceptable these hard times, and he brought a bag out of an empty house, and put it upon my head, I did not know what it was any more than a post; he told me if any body asked me what it was, to say it was turnips.
Tomkins was not put upon his defence.
Northcote, GUILTY . (Aged 33.)
Confined six months in the House of Correction , and fined 1s.
Tomkins, NOT GUILTY .
Tried by the second Middlesex jury, before Mr. Justice LAWRENCE.
90. AMBROSE ROWE was indicted, for that he, on the 3d of November, 1793, at the parish of St. Luke's, did marry Kitty Wilcox ; and afterwards, on the 20th of October last, at the parish of Finchley , did marry Susannah Redwood , his former wife being alive .
(The indictment was opened by Mr. Jackson, and the case by Mr. Knowlys).
EDWARD DOBSON sworn. - I am parish clerk of St. Luke's, Old-street; (produces the entry of the marriage of the prisoner, the 3d of November, 1793); Ambrose Rowe with Kitty Wilcox ; (reads the entry); it is signed by me; I don't know whether the prisoner is the person, I cannot say that I recollect him.
Q. Do you know Kitty Wilcox? - A. Yes; I was present at his marriage with her at St. Luke's, about three years ago; I know it was in cold weather.
Q. Do you know if Kitty Wilcox is now living? - A. I believe so, I have seen her here in Court.
THOMAS BERRALL sworn. - I am parish clerk of Finchley, (produces the marriage book, reads); Ambrose Rowe, of this parish, and Susannah Redwood, were married in this church, by licence, by consent of her father, this 20th day of October, in the year 1796, by me, Barton, officiating minister. This marriage was solemnized by us; mark of Ambrose Rowe ; mark of Susannah Redwood ; witnessed, &c.
Court. Q. Did you hear whereabouts he was? - A. In Ireland; when they were before the Magistrate, Rowe said, that she had requested him to go to Ireland with her.
Court. Q. Did you hear of this at the time of the first marriage? - A. No; not till two or three months after.
Q. After that was heard of, did the prisoner and and Kitty Wilcox live together? - A. Yes.
Q. How long? - A. They might, for ought I know, a twelvemonth; but I have known very little of them since they were married. The circumstance I was going to mention was this, that some time ago, she wanted Mr. Rowe to go with her to Ireland, to live there, but not to pass for her husband; it was a strong presumptive proof, to the Magistrates, that she had a husband living, and that she wished to conceal her present marriage.
Q. She was a young woman? - A. Yes.
Q. Had she any fortune? - A. I cannot answer for that.
Q. When was that? - A. On the 20th of October.
Q. Do you know any thing of her first husband being alive? - A. No; she goes by the name of Rowe.
Q. And this prosecution is carried on at the expence of the parish? - A. Yes.
Court. Q. And you never enquired to know whether he was alive or not? - A. No.
Q. And so this is to decide a settlement, by a prosecution for bigamy, to get rid of a pauper?
Dobson. I was summoned to Worship-street, and there I heard that he was married to the woman, he was obliged to marry; he told them the suspicion that his first wife was married, and they gave it as their opinion, at the Commons, that he might marry again, and he, being an ignorant man, was married.
Court. You see, Gentlemen, the Hampstead officers make this man marry Susannah Redwood, and it is reported that the first husband of the other woman is alive. It appears to me to be a prosecution by the parish, merely to decide a settlement.
NOT GUILTY .
Tried by the first Middlesex jury, before Mr. justice HEATH.
91. JOHN LARY was indicted for feloniously stealing, on the 7th of December , two razors, value 3s. a pair of plated shoe-buckles, value Is. 6d. a cork-screw, value 1s. two horn combs, value 6d. an ivory comb, value 1s, a tin cannister, value 1s. and a tin mug, value 6d. the property of Edward Benyon .
(The case was opened by Mr. Jackson).
JOSEPH ROBERTS sworn. - Examined by Mr. Jackson. I am warehouseman to Edward Benyon , a hardwareman , No. 2, Fenchurch-street ; prior to this, we had missed goods, and we suspected the prisoner; On the 7th of December, I got a search-warrant to search his lodgings, he was a porter to Mr. Benyon; he told me he lodged in Sugar-loaf-court, Catherine-wheel-alley, Whitechapel, but that was not true; he afterwards went with me and the officers to his real lodgings, No. I, Castle-alley, Whitechapel; we searched his room, and found the property mentioned in the indictment, it is in the officer's possession; he admitted that they were his master's; I asked him to tell me what he had done with the goods; and he said, he could not tell me, for he had not taken them.
Court. Q. Did you tell him it would be better for him to confess? - A. No, I did not.
Q. Or threaten him at all? - A. No; I told him I thought it would be better for him to tell the truth.
Q. Was this before you found the goods? - A. Yes, in going along.
Q. Did he produce the goods? - A. No; we searched, and found them.
Mr. Jackson. Q. Did I understand you before to say, that you asked him what he had done with the goods that he had taken prior to this? - A. Yes.
Q. Was this conversation you have now described, respecting those goods you supposed he had taken prior to this? - A. Yes.
Q. Did you know, upon seeing the goods that you have now spoken of, whose property they were? - A. I did.
Cross-examined by Mr. Knapp. Q. You have stated the property to be in Edward Benyon? - A. Yes.
Q. Has he any partner in his house? - A. No.
Q. Not that you know of? - A. No.
Q. You don't know whether any body else is interested in the goods besides Mr. Benyon? - A. I
Q. You were a confidential servant in the house, and the prisoner a porter ? - A. Yes.
Q. These were not new articles? - A. No; when we found them they had been used, some of them.
Q. They never got into the possession of the prisoner, I take it for granted, by any delivery of your's? - A. No.
Q. No comb, or any thing like the articles in the indictment, had ever been delivered by you? - A. No; I gave him two old razors of my own.
Q. Nor no combs? - A. Never in my life.
Q. Are you sure of that? - A. Yes; I am quite certain.
Mr. Jackson. Q. During the three years you have lived there, have you ever heard of, or seen, the name of any other person in the firm? - A. No.
Q. Did he take you to that place as being his lodgings? - A. He did; in his box, which he unlocked, I found these four razors, two combs, one pair of plated buckles, and a cork-screw.
Mr. Jackson. (To Roberts.) Q. Look at those things, and tell me if you know whose property they are? - A. These two razors are my master's.
Q. Neither of these are the razors which you gave him? - A. No; these buckles are my master's property, and the cork-screw, it has my own mark upon it; these combs are my master's, and the tea-caddie, and mug.
Mr. Knapp. (To Roberts.) Q. Your master keeps a hardware-shop? - A. Yes.
Q. And a great number of these sort of articles are in your master's shop? - A. Yes.
Q. And the same sort of quality? - A. Similar.
Q. You mean to swear to the general mark of those that are in your master's shop? - A. I know them by the private mark.
Q. By the mark of the price? - A. Yes; we mark them what they cost, and what we sell them at.
Q. Are these the only marks by which you ascertain them to be your master's? - A. Yes.
Q. Have you been in the same business before? - A. Yes.
Q. Perhaps you could ascertain your former master's property by the same kind of mark? - A. Yes; the razors that I had given him I left at his lodgings.
Q. There are no other marks than you have described? - A. No.
Mr. Jackson. Q. Whose marks are they? - A. Some are my marking, and some my master's.
Q. You know his hand-writing? - A. Yes; these other two razors I believe to be his, but I cannot swear to them.
Mr. Knapp. Q. Is there any other person in the shop besides yourself? - A. Myself, and my master, and my master's son.
Q. How long had you missed these articles? - A. We had a suspicion of him a long time.
Q. Will you undertake to say that you have not told these very articles in your shop? - A. I don't believe I ever did, but I cannot tell; he confessed before the Justice that he took them.
Mr. Jackson. Q. Did you ever sell any to him? - A. No.
Prisoner's defence. That gentleman gave them to me.
GUILTY (Aged 28.)
Confined two years in the House of Correction , and fined Is.
Tried by the first Middlesex jury, before Mr. justice LAWRENCE.
RICHARD WALKER sworn. - I am a cheese-monger in Chandos-street ; the prisoner is my carman ; two cheeses were lost out of our warehouse; there was a whole dairy of cheese; they generally have all of them marks upon them, made by a factor in the country; we have agents in the country who buy up cheeses upon commission, but this dairy came to our own door without any mark upon it; on Christmas day the prisoner neither came home to his dinner, nor all the afternoon; ten o'clock is our hour for the servants to come in, he lodges in our premises; I made enquiry at ten, and he was not come in, half past ten the same; I had got a key of the stable as well as him, and I went into the stable to see if his horses were there; when I got there, the horses had neither litter nor hay, and I found these two cheeses upon some waste straw; I brought them home with me to the shop, and tied them up in a cloth; he never made his appearance all night, but he came home next morning, and we sent to Bow-street for an officer, and apprehended him; he had a key of the stable, and he went to market before we were up; he brought home the butter, and we ordered him to put his horses up, and he was apprehended we took him into the counting-house, and asked him how he could do so, and he said it was the first
Q. Had you said any thing to induce him to confess? - A. No.
Q. Nor tell him it would be worse for him if he did not? - A. No; the officer was present at the same time.
Q. Is that stable door kept locked? - A. Yes, always.
ROBERT BERESFORD sworn. - I am an officer; I was sent for by the prosecutor to apprehend the prisoner the day after Christmas day, in his shop; we took him into the counting house, and he began to cry, and say he was very sorry for it, it was the first time he had done it; he said he had taken them out of the window in the back shop.
Court. (To the Prosecutor.) Q. Had this young man behaved well in you service? - A. Yes; he worked for us about a twelvemonth, and he behaved very well; we would have entrusted him with any thing.
Prisoner's defence. When I came home, my master was gone to bed, and I went and laid down in the stable till it was time to go about my business, and I went and got a pint of purl; when I came back from market, there was a constable to take me up; I never saw the cheeses.
GUILTY . (Aged 19.)
Privately whipped and discharged.
Tried by the first Middlesex Jury, before The LORD CHIEF BARON.
93. THOMAS BOLTON and RICHARD KERCHEVALL were indicted for feloniously stealing, on the 7th of December , two hempen sacks, value 10d. and six bushels of wheat, value 30s. the property of John Austin and William Greenfield the younger .
Fourth Count. The property of persons unknown.
(The case was opened by Mr. Ward)
There being no evidence to affect the prisoners, except a confession, taken before the Magistrates in writing, but not friend, the prisoners were both
Tried by the first Middlesex Jury, before Mr. Justice HEATH.
94. WILLIAM BAINBRIDGE was indicted for feloniously receiving, on the 3d of December , three oval looking-glasses, and a square looking-glass, the property of Samuel Owen and Stephen Cox , knowing them to have been stolen by John Bird and John Aitken .
The principals having been acquitted, of course the jury found the prisoner
NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. justice HEATH.
95. FRANCIS PINDAR was indicted for feloniously stealing, on the 27th of December , fifty pieces of wood pipe, called pipe staves, value 30s. the property of Isaac Soley , Isaac Soley the younger , and Richard Soley ; and a wooden boat, called a ship's boat, value 10l. the property of George Yeoman , William Chapman , Henry Heath , and Ann Yeoman .
ALEXANDER SIBBALD sworn - On Tuesday, the 27th of December, about twelve o'clock at night, there were a great quantity of staves, to the number of about fifty, stole out of a lighter alongside the ship; they were put into the ship's boat and taken away, boat and staves altogether.
Q. Where were they taken to? - A. That we have not found out yet; they were lying in Ratcliffe-cross tier , the lower end of the Pool, the nearest Middlesex; and on the 28th, about ten o'clock in the morning, we found the boat again, with one stave in her; we found her driving up the river, and two athwarts taken out of her, within about two hundred yards of the ship that she was taken away from, and the painter was cut, and 50 staves gone.
Q.What were these staves for? - A. Casks; I know that stave that was left in the boat was one that was taken from the lighter, by a mark J.R. and a cross at the end of it.
Q. Who did they belong to? - A. Isaac Soley and sons.
Cross-examined by Mr. Alley. Q. Isaac Soley and sons are all in partner ship? - A. Yes.
Q. How many sons? - A. Two, and the father.
Q. Nobody else is in business with them? - A. No.
Q. What part of the river were they taken from? - A. Ratcliffe-cross tier.
Q. You don't mean to swear that is in the county of Middlesex? - A. It is nearest the Middlesex side; the ships lay within their own length of the shore.
Q. The boat was not stolen; it went adrift; you found her next day, but nobody was in her? - A. Yes.
Q. If it had been stolen, you know it would have been found in a place of security? - A. We
Q. Were the staves secured on board the lighter? - A. They were in an open lighter.
Q. When had you seen the staves before they were lost? - A. Not two hours; I came over them at ten o'clock at night on board.
Q. They lay publicly in this barge for any body to help themselves as they went up and down? - A. Yes; but they might as well have taken our ship away as them.
ANDREW WESTON sworn. - Q. What are you? - A. Before the mast: On Tuesday night, the 27th of December, I went to bed, and there was one of the Custom-house officers on board, and had been for some time; he called me up, and said, there was somebody upon deck; I came upon deck, but could not see any body upon deck, but I found a man in the lighter that was lying alongside the ship.
Q. Did you observe him enough to know him again? - A. Yes; that was the man at the bar; he is a ballast-heaver.
Q. Had you ever seen him before, so as to know his person? - A. Yes; he was taking the staves from the lighter, and putting them into the ship's boat; he cut the ship's painter, and got into the boat, and he offered to give me five shillings to say nothing, and he drove up the river, and a man in a lighterman's boat took him into row.
Q. Did you see that? - A. Yes; and then they went up the river.
Q. How long might he be doing all this? - A. When I came upon deck, he took the last stave out, and cut the painter.
Q. Did you see any other staves in the boat? - A. Yes; the boat was almost full of them; there were about fifty or sixty, I suppose.
Q. Was there any light about the ship? - A. No; it was a moon-light night.
Q. Had he a hat on? - A. Yes.
Q. Notwithstanding he had a hat on, are you perfectly sure he is the man? - A. Yes; I went down into the lighter, and saw his face; I was him.
Q. Are you sure that he is the man? - A. Yes.
Q. Did you try to stop him, or give any alarm? - A. No, I did not try to stop him.
Q. Why did not you? - A. There was nobody up but myself; the officer was in bed, and the mate and master too.
Q. Was that the reason why you did not attempt to stop him? - A. Yes; I called them as soon as I could, but the boat was gone too far to find him again.
Cross-examined by Mr. Alley. Q. The officer called to you first? - A. Yes.
Q. Then the officer knew of this before you did? - A. Yes.
Q. You knew if you had called out to the officer, and told him the man was on board, he would have come to your assistance? - A. He was in bed.
Q. I believe you know your master would have given you a very good flogging, if you had not fixed upon somebody? - A. I called to the mate of the other ship, and he would not come.
Q. Nor the mate on board your own ship would not come, though he called to you first? - A. No.
Q. And you did not attempt to stop him? - A. It was of no use to get myself killed.
Q. Don't you know you come now to swear to him, to save yourself a good flogging for letting him go? - A. No.
Q. You say you had seen this man before? - A. In Captain Harrison's vessel, heaving ballast.
Q. It was a very dark night? - A. No, it was a light night.
Q. Did you give this account of it when you were first questioned about it? - A. Yes.
Q. Before the Magistrates? - A. Yes.
Court. Q. You saw it by the light, such as it was; you had no other light about you? - A. No.
JOHN COOK sworn. - I am a constable belonging to the Public-office, Shadwell; On the 31st of December last, about seven in the evening, I, in company with Captain Sibbald, and the last witness, went to the Lebeck's-head public-house, Shadwell; I went into the tap-room, and there the last witness pointed out the prisoner at the bar as the man that stole the staves, in consequence of which I apprehended him, took him before the Magistrate, and he was committed.
Cross-examined by Mr. Alley. Q. Before you went to the public-house, you told the boy, I believe, that the man you wanted, was in that public-house? - A. No, I did not.
The prisoner left his defence to his Counsel.
For the Prisoner.
BRIDGET COLLET sworn. - Examined by Mr. Alley. I live at the prisoner's house when I am out of place; I came to his house about six o'clock a boxing night, the 26th of December, and Pindar and his wife and I all laid in the bed together that night; we went to the Black-house and had some beer, and he went home at nine o'clock and went to bed, and I left him in bed when I went away at nine o'clock the next morning.
Court. Q. What night in the week was it? - A. Monday night.
Q. Do you mean that you slept in the same room, or in the same bed? - A. In the same bed.
Mr. Alley. Q. I dare say he declared to his wife that he did not make free with you? - A. It
Q. Did you ever sleep there in any other way? - A. Yes.
Q. Then how came you not to sleep in the house as you had done before? - A. Because the bed had been washed that I used to sleep in.
Q. Is he an honest man? - A. To the best of my knowledge, I never saw any thing but honesty by him.
Court. Q. How came you here upon this occasion? - A. His wife came after me the day before yesterday.
Q. Did you hear nothing of this business till the day before yesterday? - A. No; I was in place when she came after me.
Q. What place? - A. At the back of St. Paul's; where they have got three children; I believe it is Great Carter-lane.
Q. What number? - A. I cannot tell; it is the first house; one Murphy keeps the house.
Q. Did not you hear of his being taken before? A. No.
Q. Are you perfectly sure he never went out of the house that night? - A. I am perfectly sure of that.
Q. You did not sleep at all that night? - A. Yes, I did.
Q. Then he might have gone out without your knowledge for two or three hours, and come back again? - A. He might, for ought I know; but I went to bed with him, and left him in bed in the morning.
Q. Where does the prisoner live? - A. No. 8, Golding's-hill, Ratcliffe-highway.
GUILTY . (Aged 41.)
Confined two years in the House of Correction , and fined Is.
Tried by the second Middlesex jury before Mr. RECORDER.
96. NATHAN JACKLAN was indicted for that he, on the 15th of December , in and upon James Cockburn , did make an assault, in a certain field and open place, near the King's highway, putting him in fear, and taking from his person, a base-metal watch, gilt with gold, value 5l. a steel chain, value 6d. two cornelian seals, value 20s. a gold key, value 5s. a tortoishel snuff-box, mounted with silver, value 10s. two pen-knives, value 2s. a half-guinea and 3s. the propety of the said James .
(The case was opened by Mr. Knowlys.)
JAMES COCKBURN sworn. - I live in Islington; I was going to Colbrook-row at the time I was robbed, which was a very few minutes before nine in the evening of the 15th of December; I was within fifty or sixty yards of Colbrook-row, in the foot-path, by the side of the New-River , three persons came up to me, the prisoner at the bar came up to me first, and seized me by the left collar, with a holloa, slop, where are you going; I was immediately seized on the right side, by a second, and the third came in front, and drew my watch from my fob, it was a metal watch capped and jewelled; I then addressed myself to the prisoner at the bar, hoping that they would not hurt me; he replied, I had nothing to fear; my waistcoat pockets were emptied on the ground, by the person who stood in front; I had half-a-guinea, a few shillings, a few halfpence, and some memorandums, two pen-knives, and a key belonging to a lock cock; I begged them to give me my memorandums, as they would be of no use to them, and would be of use to me.
Q. To whom did you address youself? - A. Always to the prisoner at the bar, as he was the person that spoke to me first; his reply was, give the gentleman his papers, which the third person did, the man that rifled me, and he left one upon the ground, which he afterwards gave me, saying, sir, here is another, they then all left me.
Q. You have named the prisoner at the bar, had you any opportunity of observing him in particular? - A. Yes; it was a remarkable clear, moon-light night, it was the night after the full-moon.
Q. Have you any doubt whatever, that he was one of the three men that robbed you? - A. I have no doubt at all; he is not dressed now as he was when he robbed me; when I saw him at Bow-street, he was in the same dress that he was in when he robbed me.
Q. When was the first time that you saw the prisoner after the robbery? - A. Last Saturday, about twenty-three days after the robbery; I immediately pointed him out as the man that robbed me; I have never recovered any of my property; a particular friend of mine, Mr. Oldham of Edmonton, asked me to go to Bow-street with him, and there I saw five men at the bar, one of whom I pointed out to Mr. Oldham, namely, the prisoner, as being the man that first laid hold of me; I went, the morning after the robbery, to Worship-street to give information, and have the property advertised; I described the men as being dressed, particularly the prisoner, in a drab great coat, with his hair loose in his neck, and from their appearance, I thought they were soldiers; I described the articles in the indictment, but I heard nothing from the office whatever.
Cross-examined by Mr. Knapp. Q. There is no doubt at all that you were robbed? - A. I believe not, sir.
Q. You never saw the prisoner at the bar again, till you saw him at Bow-street? - A. I never did.
Q. That was at the distance of three weeks afterwards? - A. Rather more, twenty-three days.
Q. When you did see him again, you saw him together with other persons put to the bar, at Bow-street? - A. Certainly.
Q. He was not intermixed with other persons, but put at the bar with other persons, to be examined for robberies? - A. Had he been standing indiscriminately among the crowd, I should have had no hesitation in saying he was the man.
Q. Was he not put at the bar as a person to be examined for a robbery? - A. Certainly.
Q. Did not you go there, with a knowledge in your mind, that you should find the person that had committed a robbery upon you? - A. Certainly, from hearing that five men were apprehended for footpad robberies, but from nothing else, I thought from that I might have a chance of seeing one of the men.
Q. Were not you given to understand that the person who had committed the robbery upon you, was a person to be examined at Bow-street? - A No; I merely knew that five men, who had been examined the on Wednesday, were to be examined again on the Saturday, and I told my friend, Mr. Oldham, I would attend.
Q. Were you not given to understand, that you should meet a person answering the description you had given of the person who had robbed you? - A. No; when I went into the room, I did not know who they were, till I saw the prisoner's back.
Q. How long do you think this robbery might occupy? - A. It could not exceed three minutes; I assure you they did their business quickly.
Q. Three persons attacked you? - A. Yes.
Q. You did not know the prisoner's person before? - A. No.
Q. In so short a space of time, can you take upon yourself to swear, positively, that the prisoner is the man? - A. I have not the least hesitation in saying the prisoner was the first man that attacked me; I have some recollection that I have seen him before, I am not certain, I think he was one of those bruising gentlemen.
Q. You are not certain he was a bruiser? - A. No
Q. And yet you take upon yourself to swear he was the man who robbed you? - A. That I certainly do.
JOHN TOWNSEND sworn. - In consequence of a number of foot-pad robberies, on Saturday the 31st of December, I went with Sayers and a number of my brother officers, to a public-house in Shoe-lane, where we had an information, that a quantity of people were, and secured fix, one of whom is the prisoner at the bar; we brought them away, and searched them, there was nothing found upon the prisoner but a metal watch, which does not turn out to be the property of this gentleman, that is all I know.
Court. (To Cockburn.) Q. Where had you been that evening? - A. I did not leave the counting-house in Lime-street-square till eight o'clock, my mother had been upon a visit to a widow lady, at Blackheath.
Court. Q. How had you passed that evening? - A. As I generally do, in business.
Court. Q. In short, all I mean is, whether you had been dining with a friend, when a man may be a little merry, and his recollection not so clear as at other times? - A. I had only taken a cup of tea; I have too much business upon my hands, my Lord, for that.
(The prisoner left his defence to his Counsel.)
Court. Q. What is your line of business? - A. I was clerk twenty years to Mr. Innes, of Lime-street-square, and am now clerk to his executors, and successors.
For the Prisoner.
-STEVENS sworn. - I am a hackneyman, in Portpool-lane, Gray's inn-lane; I have known the prisoner about seven years, he drove for my father-in-law, I never new any harm of him in my life,
GEORGE YEOMAN sworn. - I am a hackney-coachmaster, in Falcon-yard, Falcon-square; I have known the prisoner about eight years, and never knew any thing of him wrong, he is the last person that I should have thought would have been guilty of such a thing.
GUILTY Death . (Aged 21.)
Recommended by the Prosecutor and John Townsend to mercy, upon the ground of his good behaviour .
Tried by the first Middlesex Jury, before The LORD CHIEF BARON.
97. MARGARET KENNEDY was indicted for feloniously stealing, on the 22d of December , two guineas and an half, three shillings, and part of a copper button, plated with silver, value Id. the property of Richard Gammond , privily from his person .
RICHARD GAMMOND sworn. - I am a gentleman's coachman 's: On the 22d of December, I was going up Broad-street, Bloomsbury. the prisoner accosted me, and asked me to give her something to drink, and I went home with her, into Dyot-street, No.5 ; I had been drinking rather more than I should have done, and I told her I would lie down about an hour, and then I would return home upon my master's business; I dropped asleep, in the mean time, she picked my pocket and went off, I awaked about an hour and an half after; I had two guineas and an half in gold, but how much silver I cannot say, I had taken notice of it just before I met with this girl; I was in a public-house, having something to drink, and I changed a guinea, that was at that end of Holborn, near St. Giles's.
Q. How long might it be after you left the public-house, before you met with the prisoner? - A. It might be ten minutes, or a quarter of an hour.
Q. You had not noticed your money between the time of your leaving the public-house, and meeting the prisoner? - A. I had not.
Q. Had you spoken to any other persons before you met with her, or talked with any other woman? - A. No, I had not; I had the silver in my waistcoat pocket, and the gold in my breeches pocket; I had in my waistcoat pocket a piece of a button, that was found upon her afterwards.
Q. Did you take you cloaths off when you laid down? - A. Only my coat; I had pulled out the silver at this house, to pay for some purl.
Q. You had no occasion to resort to the pocket that the gold was in? - A. No; she asked me, if I had been robbed, and I felt in my pocket, and found that I had, there was only a halfpenny and two farthings left in my waistcoat pocket.
Q. Was any body in the house besides the girl? There was another woman in the next room.
Q. Was she in the same room with you at all? I cannot say; when I awaked, a man went after her, and brought her back, she was taken from there by the watchman, to the watch-house; I went with her, she was examined, and there was a guinea found in her mouth, that she endeavoured to swallow.
Q. Did you perceive any attempt in her to swallow it? - A. Yes, and there was found half-a-guinea and ten shillings in silver in her pocket, and a part of the button; she said, a gentleman had just given her fifteen shillings in the street, and she had five shillings in her pocket of her own.
Q. Do you recollect her feeling about your pocket's while you were in bed? - A. No; I fell asleep, I had no connections with her at all.
VALENTINE RUMLEY sworn. - I am watch-house keeper of St. Giles's; the watchman brought the prisoner and the prosecutor to the watch-house, on the 23d of December, about three o'clock in the morning, I searched her, and found half-a-guinea in her pocket, and a part of a plated button, (produces it); I saw the motion of her mouth, and I judged the had got something in her mouth; I asked her if she had got any thing there, and she said, no; says I, come out with it, and held her by the cheeks, and I saw her strain, as if she was going to swallow it; I saw Fidler, the beadle, put his finger into her mouth, and out tumbled a guinea; I put the guinea, the half-guinea, ten shillings, and the top of the button on the table; the prosecutor says, there is a button belonging to me, I know it, I think he said it was filed.
Prosecutor. I know this to be mine, it was taken by my fellow-servant for a halfpenny, it had been filed before I had it.
Q. You cannot swear to the money of course? - A. No, I cannot.
Prisoner's defence. When I picked up that good man, he said, he had but a shilling, and he gave me that, and some halfpence to get something to drink, that button was among them, and then he gave me the guinea to change, to get something for supper, because he was to stop with me all night, the silver I had before.
GUILTY, Death . (Aged 24.)
Recommended by the Jury to mercy .
Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE.
98. ELIAS NATHAN was indicted for feloniously stealing, on the 26th of November , a bill of exchange, value 19l. 13s. 6d. the property of Thomas Simpson , William Taylorson , John Sanderson , and Joseph Granger .
(The indictment was stated by Mr. Russel, and the case opened by Mr. Garrow.)
WILLIAM SMITH sworn. - Examined by Mr. Fielding. Q. You are in the house of Thomas Simpson , William Taylorson , John Sanderson , and Joseph Granger , at Stokesley, in the North-Riding of the county of Yorkshire? - A. Yes.
Q. Do you remember, on the 19th of November, putting a letter into your receiving house, at Stokesley? - A. I do, perfectly well; I wrote the letter myself.
Q. Do you remember the contents of that letter? - A. Yes, there were thirteen pieces of paper in it, bills and notes.
Q. Did you make a minute of it in any book? - A. Yes; we always do regularly, the book is here.
Q. You have the bill of 19l. 13s. 6d. there? - A. Yes.
Q. Do you remember receiving a letter from Mr. Smith? - A. Yes; I made up the bag that evening, and sent it to Northallertun.
Cross-examined by Mr. Knowlys. Q. Did you make up the bag yourself? - A. I delivered them to my daughter; I cannot say that I was there when she put them in the bag.
Q. You don't know then that she put it in? - A. I have not a doubt that she did.
Mr. Garrow Q. Were your letters forwarded that day in the usual way? - A. Yes.
Court. Q. Did you find any letters left behind that you ought to have forwarded? - A. Not one; no such thing.
Q. Did you receive the bag from Stokesley on the 19th of November? - A. Yes.
Q. And did you forward it from thence in the usual way to London? - A. Yes.
Court. Q. Was the bag received on the 19th of November? - A. Yes, and forwarded.
Mr. Russell. Q. The Stokesley letters are forwarded from Northallerton in the Northallerton bag? - A. Yes; the Stokesley letters are taken out of the Stokesley bag, and put into the Northallerton bag.
Court. Q. And you yourself put them into the Northallerton bag for London? - A. I did.
Q. Do you remember the Northallerton letters arriving on the 21st of November in town? - A. Yes.
Q. The Northallerton bag with the rest? - A. Yes.
Q. It was regularly received in your office? - A. Yes.
Q. And the bag sealed? - A. Yes.
Cross-examined by Mr. Knowlys. Q. After the bag is received at the Post-office, the letters go through a great variety of hands in sorting for the several deliverers in London? - A. Yes.
Q. Therefore there are a great many hands that may and have an opportunity of purloining a letter if they are dishonestly disposed? - A. No doubt of it.
Q. Many have been tried here for that sort of offence from the Post-office, and convicted? - A. Yes.
Q. Had that man any place in the Post-office? - A. Not that I know of.
Q. The postman that receives the letters for Lombard-street, has but a very short distance to go from the Post-office to Lombard-street? - A. Yes, not a minute's walk.
Q. Were you, on the 21st of November, the deliverer of letters in Lombard street? - A. Yes.
Q. Did you go there on the 21st of November? A. I go there every day.
Q. Did you go there that day? - A. I don't doubt but I did.
Q. You delivered all the letters that you received from the office? - A. Yes.
Cross-examined by Mr. Knowlys. Q. You are sure that you delivered all you received? - A. Yes; I received them from Mr. Harrison, in the Post-Office.
Q. Then there was no opportunity of taking them from you? - A. They are not in my hands four minutes.
Q. You receive them from where the other clerks are? - A. No; it is the place where the letter-carriers are.
Q. What time is it you receive the letters at Lombard-street? - A. As soon as ever the gates are declared open, there is no set time; according to the time of the mail coming in; sometimes they are not marked when I come.
Q. Then strangers are not permitted to enter where you are? - A. No; but sometimes they will get in.
Mr. Fielding. Q. That persons will press in that have no business there, is certainly true? - A. Yes.
Q. Nor any containing bills, remittances from Stokesley? - A. None at all.
Q. Be so good as favour me with the firm ofSamuel Smith , William Smith , Jasper Atkinson, Sir Francis Ford , Baronet, and George Smith .
Q. Did you receive any letter from Stokesley on the 21st of November? - A. On the 21st of November I received no letter whatever.
Q. What business do you carry on? - A. I deal in the grocery line, and I buy ladies wearing-apparel from some of the first families of distinction.
Q. Are you acquainted with the prisoner? - A. Yes, I know him.
Q. How long have you been acquainted with him? - A. I have been acquainted with him about four years.
Q. Where did he live? - A. In Swallow-street.
Q. What business did he carry on? - A. A sale-shop.
Q. Do you remember seeing him the latter part of the month of November last? - A. I often saw him.
Q. Do you remember seeing him the latter part of the month of November? - A. Yes.
Q. Upon what day? - A. On the 23d of November.
Q. That I apprehend was on a Wednesday? - A. Yes.
Q. Where did you see the prisoner on that day? A. I was going out to dinner with a friend, and he called upon me.
Q. Upon what subject, and what did he communicate to you? - A. He asked me if I would go in the city with him to cash some notes, and I asked him what notes they were, and he said they were Bank-notes, and very good notes; accordingly I turned round to the lady I was going out with, and said, I would wait upon her on Friday, and I sent my servant for a coach; Mr. Nathan went in the coach with me.
Q. You went together in the coach? - A. Yes; I would not wish to walk in a dirty day.
Q. Which of these houses did you go to first? A. To Sir James Esdaile's; I know that house very well.
Q. Doubtless; then you drove to the house? - A. Yes.
Q. Did he go in with you? - A. No; he was not dressed well enough to go with me that day.
Q. He staid in the coach then? - A. No; he got out and paid the coach.
Q. You were to call for him after you had got the notes cashed? - A. I got the notes cashed, and then I called for him.
Q. Where did you leave the prisoner; with what appointment? - A. I told him if he stopped at the Bank, I would call for him.
Q. Did you present your bills at Esdaile's? - A. Yes.
Q. Did you get cash? - A. No.
Q. Did you get value for them? - A. I got a ten pound Bank of England note, five guineas and an half in gold, and I returned them sixpence.
Q. From Esdaile's, where did you go to? - A. To Downe's.
Court. Q. Did you go alone to Downe's? - A. He was just by Downe's.
Mr. Garrow. Q. Did you go to Downe's alone, or did you see him first? - A. I saw him as I went along, just opposite Downe's, by the side of the Bank, in Bartholomew-lane.
Q. Did you get value for your note there? - A. Yes, five guineas, immediately; and then when I came out, I saw Mr. Nathan, and I said, you are not dressed as well as me; you have no powder in your hair, nor nothing, and I wish to get a coach and go home as soon as possible, and we got a coach in Cateaton-street.
Q. Had you any more business? - A. No; merely for the ride, he went to my house and took coffee.
Q. Did you pay him the value you had got for your bills? - A. I tendered him down the money, and he wished to have cash.
Q. He gave you these notes at your house, before you went? - A. Yes; and I did not examine them.
Court. Q. Did you offer him, when you got got home, the ten-pound note? - A. Yes; and he said, he would rather have cash; and I sent my servant to my banker's to get cash, and I gave him twenty guineas in gold.
Mr. Garrow. Q. And pray who may be your banker, Madam? - A. Mr. Pybus.
Q. This was upon the 23d; after your servant brought you cash from your banker's, did you pay that to Mr. Nathan? - A. Yes, immediately.
Q. The whole of it? - A. Yes, certainly.
Q. After coffee was over, you parted, I take it for granted? - A. Yes.
Q. Before you parted upon that day, did Mr. Nathan make you any acknowledgement-I don't mean in the shape of money, you know? - A. I had no notion of it; he owes me a great deal of money; stoppage is no payment, you know; he owes me at this moment about eighty pounds.
Q. Whether, at that time, he made you, in any shape, any little present for the trouble you had taken? - A. No; I should not have thought of such a thing.
Q. When did you see him next? - A. The Saturday following, at my own house; I was just going to my executor's, Mr. Green, and he said, as it was his sabbath, he wished I would change a bill for 19l. 13s. 6d. upon Smith and Company; he gave me two other notes, which he did not desire me to change, but said, they would be due upon the Monday; I went to Mr. Smith's, and Mr. Smith called me into the parlour, and they stopped me, and I gave them my address; I had several notes upon snow and others of my own in my pocket; I was very much surprized, and they did not chuse to tell me what it was; I thought it might be a forgery; I immediately went to Mr. Green, and shewed him those other two notes; they were to be due on Monday; I asked Mr. Green if they were good notes, and he sent his servant to change them, and they were stopped likewise.
Court. Q. Who is Mr. Green?
Mr. Garrow. The executor to her late husband.
Q. Then an examination took place, and you stated this? - A. Yes, undoubtedly.
Court. Q. Do you know upon whom the other notes were drawn? - A. No.
Mr. Garrow. Q. Had you any adventure in the lottery, or any share of any ticket at the time you went to Mr. Green's? - A. Yes; I received a sixteenth in the Irish lottery from Mr. Nathan, about eight or nine shillings value; I had given him one about a fortnight before.
Q. When did you receive that sixteenth from him? - A. Upon my word I cannot say.
Q. Where did you receive it? - A. At my own house, before my own servants; you don't suppose it was for my going into the city, I hope.
Q. No; I would not insult you so much? - A. I hope not.
Q. Should you know the sixteenth if you were to see it again? - A. No, I should not.
Q. Had you any other sixteenth in your house, at the time the officers went there? - A. I had no other from nobody.
Q. You are quite sure of that? - A. Yes; it was locked up in my bureau.
Q. You are quite sure you had no other sixteenth but that you had received of Mr. Nathan at the time the officers were at your house? - A. I had no other.
Q. From any other person, or upon any other account whatever? - A. No.
Cross-examined by Mr. Knowlys. Q. You yourself found the misfortune of having all these bills traced to your possession, and that you were under the necessity of accounting for them, did not you? - A. I did not find it any misfortune.
Q. Did not you find it any misfortune? - A. I knew very well I was innocent of them.
Q. And therefore you at once told the plain truth of whom you had them, and every thing relating to it? - A. Yes; I thought it was a forgery, and therefore I was intimated.
Q. Therefore, of course, you found it the best way to toll the truth? - A. Mr. Conant begged of me to do so, and I did tell the truth.
Q. Upon your oath, then, who did you say you had them from? - A. Mr. Nathan.
Q. Did you? - A. Yes.
Q. The very first time you were asked about it? - A. The very first time I was upon my oath at Mr. Conant's, I told him the same that I have told this gentleman.
Q. I ask you, whether the first time you were questioned by Mr. Conant about it, you told him the truth? - A. I told that gentleman I was intimidated, and therefore perhaps the former part of my story has varied from the last.
Q. Are not you sure it did? - A. The last part of my story I was upon my oath.
Q. Upon your oath, when you were questioned about it by Mr. Conant, and had to account for them, did you not say you had all these from a Mrs. Smith? - A. I was intimidated.
Court. Q. Did you or did you not say so? - A. I did first, that was before I was sworn; and Mr. Conant told me, that if I told the truth, the first part of the story should be void.
Q. Who did you describe that Mrs. Smith to be? - A. A lady that came to my house upon business.
Q. Did you tell Mr. Conant whereabouts it was likely to find this lady, to bring her to justice? - A. I certainly varied in my story; for I thought, as I was a lone woman, and every thing, and thinking there was something of a forgery about it, I was very much intimidated, and did not know what to say.
Q. If you don't give me an answer, I will apply to my Lord to commit you? - A. Mr. Conant told me, all that I said first should be void.
Court. Q. Did you tell Mr. Conant where she was to be found? - A. Somewhere in Charlotte-street, I told him.
Mr. Knowlys. Q. Was this acquaintance of your's then to be a lady of easy virtue? - A. I was so intimidated I did not know what I said.
Q. Did you describe her as a lady of easy virtue, likely to be met with at the theatres, the park, and public places, yes, or no? - A. Yes.
Q. Did you desire that an officer should go with you to those several places, to enable you to find out this person, and bring her to justice? - A. I wish to come to the right of the affair.
Q. Did you desire that an officer might attend you to go to the theatres, and the park, and places of public resort, to find this Mrs. Smith? - A. You know, Sir, I did.
Court. Q. I know nothing of it, or the Jury; you must tell us, that we may know? - A. Mr. Conant said, that all that should be void; he said it should never be repeated.
Q. Did an officer attend you, now, in consequence of this description of your's, to the park, and the theatres, and from place to place, to endeavour to find this Mrs. Smith? - A. Undoubtedly.
Q. That officer was Lawrence, I believe? - A. Yes.
Q. How long did you keep Lawrence upon this pretty game of hide and seek, was he not a week with you, now, trying to find out this Mrs. Smith? - A. He came on Sunday afternoon, and he came on Monday, that was all.
Q. Did you take him to any places to endeavour to find out this lady? - A. I went into the theatre myself, he stopped at the door while I went in.
Q. How long did you stay to look and find out this Mrs. Smith? - A. May-be half an hour.
Q. You employed yourself in looking about to see if she was there, I suppose? - A. I was intimidated, knowing I was a woman, and nobody to protect me; I thought it was a forgery.
Q. Did you, or not, search for this Mrs. Smith at the play-house? - A. If that Gentleman wishes me to tell you, I will.
Court. To be sure you must, yes or no.
A. Certainly, I looked in at the door.
Mr. Knowlys. Q. Did you or not, search about for this Mrs. Smith at the play-house while you were there? -
Court. Q. Why don't you answer the question? - A. I told him I could not find Mrs. Smith.
Mr. Knowlys. Q. Did you search for this Mrs. Smith? - A I knew there could be no Mrs. Smith in existence, I went from box to box; I was very much frightened.
Q. When were you taken up? - A. On Saturday.
Q. And this was on Monday; was not your fright over? - A. No; it has lasted ever since; I would not have had it happen for a thousand pounds.
Q. You are apprehensive that if you don't clear yourself of this charge you will come to some harm by it? - A. I have spoke the truth.
Q. Upon your oath, don't you apprehend you shall be prosecutod if you don't clear yourself by your evidence? - A. I clear myself as far as possible.
Court. Q. Do attend to the question, and if you understand it, answer it directly; do you not conceive, that unless you clear yourself, by the evidence you now give, you will be prosecuted? - A. No; I will clear myself, and I don't think of being prosecuted.
Mr. Knowlys. Q. I will be content with that answer, and will not press it any further. - This, I dare say, is the first time you were ever in trouble, and therefore you were taken suddenly; you never were in trouble before? - A. Every body is in trouble by times.
Q. You know what I mean, and you will not come to it. Supposing, for instance, a person should be taken up and carried to goal? - A. I was taken up for buying a gown that was stole, and I had you for my Counsellor, you know, Sir.
Q. All the world may have that. - Whether, before this happened, you had been taken up on any criminal charge? - A. I was never in custody before the gown, and then I was honourably acquitted.
Q. You are no dealer in wax, are you? - A. Yes, Sir, you know that.
Q. I believe you were called upon to account for some wax of Mr. Barrett's, that got into your possession? - A. You know every thing about it.
Court. Q. Were you not called upon to account for some wax of Mr. Barrett's, that got into your possession? - A. It was not in my possession.
Mr. Knowlys. Q. Do you mean to say, that Mr. Barrett's wax was not in your possession? - A. It was not.
Q. Upon your oath, did not you fell it? - A. No; I had some wax from his servants; you know how the affair was.
Q. Were you not charged with having wax of Mr. Barrett's; were you not forgiven by Mr. Barrett upon condition of revealing all you knew about the wax you had of his servants? - A. No.
Q. Upon which condition he forbore to prosecute you? - A. No such thing.
Q. Do you mean to swear that? - A. My husband desired me to tell Mr. Barrett the whole truth of it.
Q. Were you not twice before the Magistrates at Union-hall as an accomplice? - A. Yes.
Q. You were afterwards tried for receiving a gown, knowing it to have been stolen? - A. Yes; and honourably acquitted before Mr. Maiwaring.
Mr. Garrow. Q. Give me leave to ask you a few questions. - It is not from any credit you have done yourself, you have made a very pretty figure to be sure; I collect from this Gentleman's examination, that you had stated, that a Mrs. Smith had delivered you the bills. Were you, at that time, upon oath? - A. No.
Q. Did you ever at any time, upon oath, give any other account than you have given in answer to my questions to night? - A. No.
Q. Is it true, that you received them from Nathan, and not from a person of the name of Smith? - A. It is the whole truth, I received them from Nathan, and nobody else.
Q. Did you, at your office, fell shares in the Irish-lottery? - A. Yes; on the 23d of November, I sold a quarter and a sixteenth, in the Irish-lottery to Nathan, the number of one was 37,979.
Q. Was that the sixteenth, or the quarter? - A. They were both of the same ticket.
Q. In what manner did the prisoner pay you for that quarter and sixteenth? - A. With a Bank-note of 10l. (the note shown to him.)
Q. Was that the Bank-note which he paid you? - A. Yes, and there is my memorandum upon it.
Mr. Garrow. Your Lordship recollects this was proved by the Banker's clerk, at Stokesley, to be contained in this letter.
Mr. Arnull. I was apprehensive it might be a lost note from the appearance of it, and I sent a person to the Bank about it; he staid till he came back; and I am positive he is the person, the tickets are registered in Mr. Nathan's name.
Q. Did you make that register in consequence of directions given you by the prisoner at the bar? - A. I did.
Q. What is the register? - A. Mr. Nathan, No. 106, Swallow-street, Piccadilly.
Cross-examined by Mr. Knowlys. Q. Have you any reason upon earth to doubt that that was his true description, and residence? - A. No.
Q. Therefore this man comes openly to your shop with a ten pound Bank-note, parchases a part of commodities you deal in, and desires you expressly to put down his name and abode, whenever you chuse to send after him? - A. Yes.
Q. Therefore, probably. you would not have known where to find him, if he had not so done? - A. Very likely not.
Q. You sent from your house to the Bank, supposing it to be a lost note-did he stay like an honest man? - A. Yes.
Q. A ten pound Bank-note may go all round London in two days? - A. Very likely.
Q. You sold a quarter and a sixteenth? - A. Yes.
Q. The sixteenth has no particular number about it, to denote one sixteenth of the same ticket from another? - A. Of that individual ticket, there were twelve sixteenths.
Q. Is there any mark by which you can ascertain the very individual sixteenth that you sold to him? - A. I cannot.
Mr. Garrow. Q. The object of your register is, to give notice to the fortunate holders, if it is drawn a prize? - A. Yes.
Q. Did you at any time go to the house of Mrs. Hickes, in December, to search it? - A. On Thursday the 1st of December, I searched her house with a warrant.
Q. Did you find any part of a lottery-ticket in her house? - A. Yes, I found it in her drawer.(Producing it.)
Q. Shew it to Mr. Arnull? - Q. (To Arnull.) Do you believe that to be the one you sold to Nathan? - A. It is a sixteenth of the same number, it corresponds with the register. (The Bank-note and lottery-ticket read.)
Q. You went to acquaint Nathan there was some charge against him? - A. Yes; I took him in custody to a coffee-house.
Q. Did he come to the office to meet the charge alone? - A. No, he was never out of my custody.
Q. He went very quietly? - A. Yes.
Mr. Garrow. Q. It would have been in vain to have attempted the contrary? - A. Yes, it would have been in vain.
Joseph Robert Peese , Christopher Richardson , Robert Copeland Peese , and Ralph Green, this is his hand-writing. (The bill read).
"Milton and Whitby Bank, Nov. 9, 1796.
Fourteen days after date, pay to the order of Messrs. Simpson, Taylorson, and Co. nineteen pounds thirteen shillings and sixpence, value received, for Joseph R. Peese , Christopher Richardson , R. C. Peese, and R. Green,
Signed Ra. Green.
Prisoner. (To Mrs. Hickes.) Q. Have not I always refused riding with you in a coach, on a Saturday? - A. Yes.
Q. Was it not on the Saturday that you said I went with you in the coach? - A. No; that was on the Wednesday.
Mr. Garrow. (To Mrs. Hickes.) Q. Is that the note you wrote your name upon at Mr. Smith's? - A. Yes.
Mr. Garrow. That is the 19l. 13s. 6d.(The Prisoner left his defence to his Counsel.)
For the Prisoner.
Q. Were you desired to attend Mrs. Hickes to find out Mrs. Smith? - A. I attended Mrs. Hickes; on Saturday the 26th of November, I went with her from Aldersgate-street to her house, and I remained with her till, I believe, about one on the Sunday morning.
Q. Who were you in search of? - A. A Miss Smith.
Q. How long did she keep you in search of this Miss Smith? - A. We went to the play-houses, and it was near one when I left her.
Q. Always pretending that Miss Smith was the person? - A. Yes; on the Saturday we were in Hyde-park.
Q. How long did you continue dancing about in this way? - A. I believe nine or ten o'clock on Sunday, in expectation of that Miss Smith coming.
Q. Did you go about with her on the Monday? - A. I was with her again on the Monday, and went to the theatres with her.
Q. On the Tuesday did you see any thing of her? - A. No.
Cross-examined by Mr. Garrow. Q. She was not in your custody, you only staid as long as she desired you? - A. Yes.
Q. She only amused you with a story about this famous Mrs. Smith? - A. Yes.
Q. At the times you went with her to the theatres, you did not keep her in custody? - A. No.
Q. All these dancings, as my learned friend well calls them, were before she were upon oath? - A. Yes.
Prisoner. Did not she tell you the amount of the wearing-apparel, that she had sold to this Miss Smith? - A. She told me about a laced cloak, worth seven pounds, that she had sold to Miss Smith.
Mr. Garrow. All this was before she was examined upon oath? - A. Yes.
Mr. Fielding. (To Morley.) Q. The letters from Stokesley put in upon the 19th of November, what day would they regularly have arrived in town? - A. Upon the 21st.
GUILTY . (Aged 29.)
Transported for seven years .
Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.
JAMES FISHER sworn. - I am a cloth-dresser for gentlemen, in the country ; I live at Newley, in Gloucestershire: The last day of November I was coming up Cheapside, and there was a man put a stick between my feet, and had liked to have thrown me down, and I looked round, and he begged my pardon; I told him it was no offence, and he asked me if I was not a West-countryman; I told him I was; he asked me what part I came from; I told him from Goloucestershire; he asked me what part of Gloucestershire; I told him I came from Newley; he told me he was a Gloucestershire man, that he came from Kencross, that is about six miles from where I live; he asked me if I knew Mr. Wadding, and Mr. Camerbuck, and I told him I did.
Q. Are you speaking of the prisoner now? - A. No, another man; he asked me if I would take a letter down in the country for him; I told him I would; he said he was in London upon a piece of business for a woman of the name of Kingswood; he said he was left executor; he asked me when I was going home; I told him I was going home that night; he asked me where I was going to then; I told him I was going to Friday-the Cart and Horse, in Goswell-street ; we had not been there three minutes, when in came this man, the prisoner; he asked the other man if he knew such a place as a Park in London; he told him he knew three Parks in London; he said, there was Green-park, Hyde-park, and St. James's-park; and the prisoner said, he was at the Covent-garden play-house last night; he said, he happened to meet a girl there, and she took him to another house, and told him he might have what he liked there, drink or victuals, or any thing, and then he said, he treated the girl, and went home with her; he said he had been drinking with her and five or six more of the finest girls that ever were, till four o'clock in the morning, and then he said an old woman put him and a girl to-bed together; he said he laid till eight o'clock, and then he got up and had breakfast with the girl, and the old woman told him, you ought to give my daughter some money to buy her a gown and some caps, or something, and he said he gave her a 50l. bill. and the girl promised it him back again in one hour, or the change; he said he had waited a long while, and the girl did not seem to come back, and the old woman then told him she was gone into the Park with a captain; he said he did not know what he should do, and the other man asked the prisoner where he came from; he told him he came from Coventry; he asked him what he came to London for; he said he came to receive 1100l. that his aunt died and left him; and he asked him what business she was that she had left him 1100l. and he said she kept the workhouse, and he asked him how she got this 1100l. out of the poor; and he said they used to call her old Pig's-gut; and when he came to the lawyer to receive this money, the lawyer was very dubious to pay him the money till he signed his name; he said he could not write his name, but he could make a chalk mark, and the lawyer told him a chalk mark would not do, he must write his name or make a cross, and he made a cross, and the lawyer paid him the money, and then he began pulling out the money, seemingly to me a handfull of bills and money; he says to me, it is all got of Pig's-gut, and I don't care which way it goes, and he began marking upon the table, John, with chalk; the prisoner told the other that he would lay him a guinea that he would turn his back and name a letter out of that four, and cover it with the waiter; the other man and I laid, as he did not, and the other man won it, and then he said I should lay with him the next time, and I told him I would not, and he laid again the same as before; after the second but, they asked me again to lay, and I said I had only one guinea and a 20l. bill; and the man that went there with me told me he would take care that I should lose nothing; and the next time I said I would lay with him as he had promised me that, and then I won along with the other man, that was the third her; and then we laid again a fourth time, for a guinea, and we lost, and then the other man wanted me to lay the 20l. bill; I told him I would not, and he asked me if I would lay five guineas out of it, and he said he would take care I should lose nothing; I said I did not mind about laying five guineas out of it, as he promised me I should lose nothing, I laid five guineas.
Jury. Q. You betted the wager with the prisoner? - A. Yes, and he won it; and when he had won it, he took up my 20l. bill; the other man, at the same time, laid five guineas with me.
Q. Tell me how that last bet was laid exactly? - A. The other man laid five guineas, and I laid five guineas; the prisoner did not put any thing down that I recollect; he was to pay ten guineas if he lost.
Q. Did you lay down your five guineas? - A. I laid down my 20l. bill; the prisoner did not lay down any thing that I recollect; the other man laid down some paper, but what it was I don't know; when the prisoner won, he took up my 20l. bill; and the other man, as soon as ever he took it up, went out directly.
Q. You won a guinea; did the prisoner pay you the guinea? - A. Yes.
Q. Had you taken up that guinea? - A. Yes; and then I went out after the other man directly, and I asked him what he went away for; I told him I had only lost five guineas out of my 20l. bill, and I told him the prisoner had got my 20l. bill; he said, his was two 10l. bills, and he had his the same; the other man told me he had no more money nor bills; he said, coming down that street, he had two or three hundred pounds from some house in that street, and he did tell me the particular place, but I have forgot it; he ordered me to go in and mind that the prisoner did not get away; he said, he would be back again in two or three minutes the outside, and then he said he would win it back again of him; I returned
Q. You did not see any more of your money? - A. No; I never got any of it again.
Q. When did you see the prisoner again? - A. Last Friday, at Bow-street; this was the last day of November that I was robbed.
Q. Were there any other people in the room at Bow-street? - A. Yes; I suppose one hundred.
Q. Is the prisoner the man? - A. Yes.
Q. How long were you with him altogether? - A. I suppose it was about an hour.
Q. Did you observe him so, that you can fasely swear to him? - A. Yes; if I had not seen him again these twelve months, I should have known him.
Q. All this happened at the Cart and Horse, the last day of November, about half after twelve? - A. Yes.
Cross-examined by Mr. Knowlys. Q. So all this happened on the 30th of November, did it? - A. Yes.
Q. It was not till that day month that you saw the prisoner at the bar? - A. It was more than a month.
Q. You were sent for to Bow-street, were you not? - A. Yes.
Q. You were told you would see the man that you supposed had robbed you? - A. Yes.
Q. Did the people that told you so go into the office with you? - A. Yes.
Q. And they told you there he was? - A. No, they did not tell me he was there; when I went in, they told me he was in custody, but I did not know he was in the room.
Q. What did you think the Justice was sitting for, but to hear the matter between you? - A. The Justice called me in.
Q. I see you like other people's money very well, don't you? - A. No.
Q. You won the man's guinea, did not you? - A. Yes.
Q. And I dare say you had no objection to have kept it? - A. I did not want any concern with it.
Q. And you would have won his 20l. if you could? - A. I did not think of such a thing; the man promised me I should not lose any thing.
Q. Would not you, if you had won his 20l. have taken it if you could? - A. I suppose I should, if they would have let me, but they would not have let me.
Q. Would not you, if you had won his 20l. have taken it if you could? - A. I dare say I should.
Q. Have you any doubt about it? - A. No.
Q. You played with intent to win, did you not? - A. I had no thought of losing.
Q. Did you not play with an intent to win, if you could? - A. Yes.
Q. Upon your oath, when you went away, did you tell this man that you were going? - A. No, I did not.
Q. You deposited the 20l. - A. Yes.
Q. The man who was with you, and seemed to be on your side, deposited 20l. as far as you believe? - A. No; I did not believe it was, but I don't know what it was.
Q. He told you so, and you believed it at the time? - A. To be sure I did not know.
Q. Did you not believe it to be so at the time he said so? - A. Yes, I did believe it.
Q. Did that man at all dispute that he had betted 20l. and lost it? - A. He had only won five guineas.
Q. Upon your oath did that man dispute that he had lost all that he had put down? - A. No, he did not.
Q. You now say, you only intended to play for five guineas, and not for 20l.? - A. Yes.
Q. Did you ask this man, when you went out, for change out of the 20l. note? - A. No.
Q. And the other never disputed that he had lost the 20l.? - A. No; he went out directly.
Q. Did you at all give this man to understand that you meant to return? - A. No, I did not.
Q. He had actually won five guineas, even upon your own account? - A. Yes.
Q. Is the landlord of the house here? - A. I don't know.
Q. Have you taken any pains to bring him here? - A. No, I have not.
Q. Have you ever desired any person from the house to attend and give an account of this? - A. I asked the landlord if he had ever seen these men before, and he said, no.
Q. I should like to know if you were ever in possession of 20l. in your life; how did you get it; what business are you? - A. A cloth-dresser.
Q. Who paid you this 20l.? - A. I had a check upon No 20, Basinghall-street; I had received it about two days before.
Q. Have you ever applied to any body in Basinghall-street, to prove that you were ever in possession of such a bill? - A. No.
Q. Then all we have to trust to is the account of such an idle fellow as you? - A. I could get them in a few minutes; I have the number of the bill in my pocket now.
The prisoner left his defence to his Counsel.
GUILTY . (Aged 35.)
Transported for seven years .
Tried by the second Middlesex Jury, before Mr. RECORDER.
THOMAS SMITH was indicted for breaking and entering the dwelling-house of Thomas Crow , about the hour of three in the afternoon of the 7th of January , no person being therein, and burglariously stealing a wooden trunk, value 6d. a silver watch, value 42s. ten yards of muslin, value 1l. 11s. 6d. a black silk gown, value 2s. 6d. a printed cotton gown, value 6s. two white cotton petticoats, value 6s. two plated silver tablespoons, value 5s. six silver plated tea-spoons, value 2s. 6d. a white muslin cloak, value 2s. and a muslin apron, value 2s. the goods of the said Thomas Crow .
MARY CROW sworn. - On the 7th of January I lost a box, covered with yellow paper, containing the things mentioned in the indictment; I went out about three o'clock to get some butter in St. John's-street; I was out about half an hour; before I went out I had secured the window, and doublelocked the door; I put the key in my pocket, and when I came back, a square of glass was broke, just where I had screwed down the window, and the screw broke; and as I was coming home, I saw a great mob, and I thought it might be a man that was took for a soldier, and I was informed that my window was broke, and the box taken out at the window.
Q. How near to Goswell street? - A. A very little way off.
Q. About half a quarter of a mile? - A. Yes, it may.
Q. You left no person in the house? - A. No.
Q. You could not have been half an hour going to Goswell-street? - A. It was St. John-street I went to.
Q. Do you never give keys to lodgers? - A. No; I never had any.
Q. Are you a married woman, or single? - A. I have been a married woman thirty five years.
Q. Where was this screw that you screwed down? - A. In the middle, where screws commonly are.
Q. Where was the square broke? - A. In the middle.
MARY-ANN WILSON sworn. - I was going past Mrs. Crow's house; it was about half past three o'clock, to the best of my recollection, when I saw a man throw up the window, and take the box; I had a little boy with me; I went and told his father, who lives about four doors off; his father asked which way the man went, and he went after him; his back was to me, that I cannot say I should know him again.
THOMAS HARTLAND sworn. - At about a quarter past three I was sitting at home, when Ann Wilson came in with my little boy, and told me a house was robbed below, and he told me the man was in Owen's-row, with the trunk upon his shoulder; I immediately went up Owen's-row, looked up Goswell-street-road, and saw a man with a trunk upon his shoulder; I ran immediately after him and secured him, and took the trunk from him; a country-looking man came up the road, and I asked him to assist me, for having the trunk upon my arm, he was too many for me, and I called, stop thief, and this farmer assisted me; he jumped over the rails, and got hold of the skirt of his coat, which came off, and the man got away; I ran down Goswell-street-road, and the farmer across the fields, in pursuit of him; he ran up towards the Adam and Eve, in St. John's-street-road, and down into the fields; I overtook him again, and collared him; I put him into the hands of the constable, and the trunk also.
Cross-examined by Mr. Peat. - Q. He was at some distance from the house that this trunk was was said to be lost out of when you saw him? - A. Yes.
Court. Q. Look at the prisoner, is that the man? - A. Yes.
Mr. Peat. Q. When you first saw the man, was he walking or running? - A. He walked very fast, I did not see that he run.
Q. You took hold of him with some violence, I suppose; did he not seem agitated and frightened? - A. Yes.
Q. It was a light trunk? - A. Yes.
Q. How long was he out of your fight, when he went into this field? - A. Not at all.
- HARTLAND callea. - Q. How old are you? - A Thirteen years of age.
Q. Do you know what will happen to you if you do not tell the truth after having been sworn? - A. No.
Q. Do not you know it is a very bad thing, and that you will go to a bad place if you do not tell the truth? - A. Yes.
Q. Do you not know it would be much worse if you told an untruth upon oath? - A. Yes.(He is sworn.) I was with Mary-Ann Wilson about three o'clock, and saw a man list up Mrs. Crow's window, and take a trunk out; he put it on his shoulder, and went down Owen's-row; I went and told my father, and he ran after the man; I did not see any more of it; I went to town with that young woman.
Cross-examined by Mr. Peat. Q. Were there many persons about the window, when you saw this trunk taken out? - A. No; there was only
Q. You did not see any body come out of the house, or go in? - A. No.
Q. You do not know who it was that did it? -No.
GEORGE HERDSFIELD sworn. - I am a book-seller and stationer; I was coming down St. John's-road on Saturday last, very near four o'clock; I met the prisoner at the bar in custody of Mr. Hartland and Mr. Lowe; they wanted an officer; I told them I was one, and I went back with them, and they delivered him up to me; I had him, I suppose, upwards of two hours, with the box, in the public-house, the King of Prussia; after that they sent for a Police-officer of Hatton-garden, unknown to me; I went with him; he was taken before Mr. Alderman Clark, and was committed that night, and ordered for re-examination on Tuesday.
Mrs. Crow. This is my box; this piece of muslin is mine; this watch is mine; this gown is mine; and this muslin-cloak is mine.
Q. Where were these things placed when you left the house? - A. Up one pair of stairs, in a closet.
Mr. Peat. Q. How do you know that piece of muslin? - A. I know it to be mine; I bought it, and gave a guinea and an half for it, to make a gown and petticoat for my daughter.
Q. Do you know it by any thing but the size and appearance? - A. This was a whole piece, and here is a bit gone that I cut off for a neckcloth.
Q. How do you know that gown to be your's? - A. It is a gown that was given to me by my daughter; I know it by the darns.
Q. That other gown-how do you know that? - A. I know my own, to be sure.
Q. Is there any thing particular about it to induce you to know it to be your's? - A. Nothing particular.
Court. Q. You had a gown of that appearance, no doubt? - A. Yes, this is it; I have a gown and petticoat of it; I told the number of the watch before it was opened.
EDWARD LOWE sworn. - On Saturday last I was going home into Bedfordshire up Goswell-street-road, and met the prisoner at the bar, and Mr. Hartland in pursuit of him; Mr. Hartland came up to the prisoner, and said, where did you get this box, you have stole it; he made answer, what is that to you, and some little words passed between them; Hartland asked me to lend him a hand to secure him, that he was a house-breaker and in about half a minute I attempted to seize him; as he was going to get over the rails, I got hold of him by the skirt of his coat, and that came off in my hand; he ran away, and we called stop thief, and I pursued him till I came up to him, when I got to him, there was some water and pipes between us, and when he found he could not get either one way or the other, people were coming to meet him every way, I went till I found a place to get over, and he was secured and delivered to an officer, and I went to a public-house with them.
Cross-examined by Mr. Peat. Q. You expect to receive a sum of money, if he is convicted, don't you? - A. At the time that I took him, I knew nothing of it.
Q. You expect to share the reward? - A. If there is a reward, I expect to share it.
Prisoner's defence. I plead my innocence in robbing the house of the box.
GUILTY Death . (Aged 30.)
Tried by the second Middlesex Jury, before The LORD CHIEF BARON.
( The prosecutor and witnesses were called, but not appearing, their recognizances were ordered to be estreated ).
Tried by the second Middlesex Jury, before The LORD CHIEF BARON.
Q. Had you been drinking any where in the way? - A. I had been drinking with the prisoner and two other men, they were all soldiers.
Q. Were you in liquor? - A. I was not much in liquor; I came out of the house when I had paid my reckoning, and they came out after me, and pretended to take me to their captain, they swore that I was enlisted.
Q. Were you near any house? - A. No; there
Q. Had you shewn any money at the ale-house? - A. Yes; I changed half-a-guinea there.
Q. Could they see you changed the money? - A. Yes; they were close by me at the time.
Q. How long did they continue searching you? - A. A man came by and interrupted them, and they all three ran away; the prisoner was on about thirty yards, and then dropped on his face, and pretended he was asleep.
JAMES DANIEL sworn. - On the 16th of December, about five o'clock in the afternoon, I heard a cry of murder! and before I came up to them, I heard a man say, if you rob me, spare my life; when I came within five yards. I asked if they were going to murder the man; and they all three rose up and ran away towards Rochester-row. the prisoner was the hindermost person, he ran about thirty yards and laid down; when I came up to him, I roused him, and said, he must get up; he said, I had no business with him, for he was not one of them, upon that I took him to Mr. Blythe, the constable.
JAMES BLYTHE sworn. - I am a constable; when the prisoner was brought to me, he said, he was asleep in the fields, and he afterwards said, he meant to take the man to Chelsea, that he was inlisted for a soldier.
Prisoner's defence. When I got into this man's company first, he asked me to have a share of a pot of beer with him, which I did, and we got as much as five or six pots, and then he went to the door, and pretended to make water, and ran away, and the landlord went after him, and fetched him back again; he said, he liked soldiers' company very well, and asked if I thought he would do for a soldier ; and I told him I would give him a shilling, and he should be a soldier, and then he went to the door under pretence of making water, and ran away, and then I did strike him.
GUILTY . (Aged 24.)
Transported for seven years .
Tried by the second Middlesex Jury, before Mr. Justice HEATH.
WILLIAM PETHERING sworn. - I am a constable; On the 12th of December, at three o'clock in the morning, the prisoner brought Daniel Tuggy to the watch-house, and I took charge of him for stealing this hat; Tuggy, upon this, retorted, and charged the prisoner with stealing it, they both owned the hat, and I took charge of him likewise; I detained them both; the next day we went before Mr. Conant, Huggard then said, this was his hat, and so did the prosecutor; Huggard brought a woman to prove that it was his hat, and Tuggy brought another person to prove it was his, but Mr. Conant committed Huggard, Tuggy is since gone from his lodgings, and I cannot find him; I preferred the bill of indictment only to save my own recognizance.
NOT GUILTY .
Tried by the second Middlesex Jury, before The LORD CHIEF BARON.
104. JOHN BIRD and JOHN AITKEN were indicted for feloniously stealing, on the 3d of December , three oval looking-glasses, value 4l. a square looking-glass, value 3l. and a carpet, value 3l , the property of Samuel Owen and Stephen Cox .
There being no evidence against the prisoners, but the confession of one of them, extorted under a promise that it should be better for him, they were
Both ACQUITTED .
Tried by the first Middlesex Jury, before Mr. RECORDER.
105. JOHN BIRD was again indicted for feloniously stealing, on the 20th of December , a silver watch, value 3l. a steel chain, value 6d. a composition seal, set in metal, value 6d. and a base-metal watch key, value 2d. the property of Thomas Hollinshead .
THOMAS HOLLINSHEAD sworn. - I am a journeyman printer : I had been out, on Friday the 19th of December, rather late, at supper, in Smithfield; about half past two the next morning, I called in at the Queen's-head, Covent-Garden-market , I had a pint of purl, I drank some of it, and being early in the morning, I dozed a little, and the purl had made me sick, I went to the door, in order to evacuate, and the prisoner, Bird, and another man, who had been sitting in the house, came to the door to me, and asked me if I found myself any better.
Q. Did these men talk together when they came out? - A. Yes.
Q. You said, he asked if you were better, and how far you were going, which of them was that? - A. Bird, I think, asked how I found myself.
Cross-examined by Mr. Gurney. Q. You went out to supper-where might you sup? - A. In Smithfield.
Q. What time did you leave your friend's house where you supped? - A. I believe it to be between one and two.
Q. Were you perfectly sober? - A I cannot say I was.
Q. Were not you very much intoxicated? - A. Not very much.
Q. To sober yourself, you went to a public-house in Covent-garden? - A. Yes.
Q. And you drank some purl, and it had the effect of making you sick? - A. Yes.
Q. The prisoner and another were sitting in the public-house? - A. Yes.
Q. There were more people in the house? - A. Yes.
Q. Did it strike you as a very uncommon, and a very inhuman thing to come out to see after you? - A. No.
Q. Bird asked you how you found yourself? - A. Yes.
Q. And they happened to be the only two persons in the house who took compassion on your situation? - A. They came out to the door to me.
Q. And therefore you infer they were in company, you never saw them before? - A. No.
Q. You never saw them sit next each other before? - A. No.
Q. And you have no other reason for saying they were in company, than that they were standing next each other in the public-house? - A. They stood together.
Q. Was there nobody else standing near them at the time? - A. I did not observe any body.
Q. If any body else had come out with them, you would have said they were in their company too? - A. Perhaps so; I sat in a box by myself.
Q. Bird asked you how you found yourself; he might very naturally ask you that question with a kind intention? - A. Yes.
Q. The other man took your watch out of your pocket, and you thought it was a joke? - A. Yes.
Q. Bird came with you into the public-house? - A. No; I did not see him till after he was brought in by the watchman.
Q. Did you see him do any thing towards taking the watch? - A. He was only with the man.
Q. Do you mean that he was any otherwise with the man, than enquiring at the same time how you were? - A. No, he was not.
Q. Did you hear any conversation pass between Bird and the other man, which could shew that they had seen each other before? - A. No; I heard no conversation between Bird and the other man.
Court. Q. Did not you before say they were talking together at the further corner, when they came to the door? - A. I will not be sure.
Q. Then what you told me just now could not be true, that you did not hear any conversation; I will now ask you a third time, and see what answer you will give - Did you hear any conversation between Bird and the other man? - A. I believe they were speaking together when they came out.
Q. Did you or not hear any conversation between them? - A. I cannot exactly say; I was very sick at the time.
Q. Do you mean to say, that the other man gave the watch to Bird? - A. I am partly sure that Bird had not got it.
Q. Now, being partly sure, are you not quite sure? - A. Yes.
Q. After Bird came back to the house, you sent a person of the name of Lynch after the other man; is he here? - A. Yes.
Q. And Bird told you he would do all in his power to restore the watch? - A. Yes.
- LYNCH sworn. - I am an officer of the City of London; I was at this public-house, Mr. Butler's, and called for a pint of twopenny, and the prosecutor came in, and called for a pint of twopenny; during the time he was there, he fell asleep, and when he awoke, he turned sick; Mr. Butler told him he had better go out of doors if he
Q. Was the man that took the watch, and the prisoner, sitting together in the same box? - A. Yes, they were; then they went out together; after they had been gone about ten minutes, Mr. Butler went out, and I followed him; I heard the prosecutor talking to the man about his watch; I asked him what was the matter; he said, that short man had taken his watch; I told him if he had got the young man's watch, he had better return it to him; he said, I have not; I then turned round to go into the house, and instead of his coming in, he ran away; he ran across Covent-garden, and I followed him, but being a very dark morning I lost sight of him; I then returned back again, and waited a quarter of an hour or twenty minutes in the house; some person came to the window of the public-house, and holloaed out, O! at the window; I said, I dare say that is the man that has got the watch; I went out, and saw a watchman at the door; I said did you see any body call; he told me, yes, that he was run across towards the Piazzas; I went up to him and collared him; I said, my friend, come back, and have this business of the watch settled; upon that a scuffle ensued, and there were blows between us; at Carpenter's coffee-house, I had like to have been through the windows; I let go my hold, and he got off, I left Bird in the house.
Cross-examined by Mr. Gurney. Q. When you came into the public-house, you saw the prisoner and the other man? - A. Yes.
Q. There were other persons there besides them? - A. Yes; porters, and people that work in the market.
Q. There was a woman there besides? - A. Yes; there was a young woman sitting in the box.
Q. When the prosecutor became sick, the other man went and looked at him? - A. Yes; and said, young man, you have dropped some papers; he had dropped some papers in pulling his handkerchief out of his pocket.
Q. He was not sober? - A. No.
Q. You were not there when the prisoner first came in? - A. No.
Q. When you went after the man that did take the watch, you left Bird in the public-house? - A. Yes; I left him there; he never offered to go away.
Prisoner's defence. I was drinking in the house; I had a very slight knowledge of the man that I was drinking with.
ANDREW BUTLER sworn. - When I opened the door, about three o'clock in the morning, the prisoner at the bar came in with another man and a woman, and had some purl; that other man was the person that was charged with stealing the watch; shortly after they had come in, the prosecutor came in, and called for a pint of purl; he became sick, and my man helped him out to the door; the prisoner and his partner immediately followed him out to the door; the prosecutor shortly after came in, and said, he had lost his watch; Mr. Lynch, the constable, was sitting at the same time in the house: I called him to the door, and the person that took the watch ran across into the Garden, and the prisoner came in and went out again directly; and then a person came to the window and said, O! I said, I dare say that is the person that has taken the watch, and we went in pursuit of him, but he was not taken; the prisoner was afterwards brought back by a watchman of the name of Murphy, who is not here.
Cross-examined by Mr. Gurney. Q. When you opened your house, these persons came in? - A. Yes; I open always at three o'clock.
Q. Were they standing, waiting for admission? - A. No; they came shortly after I had opened.
Q. Did you ever see the prisoner before? - A. I never saw either of them before, nor the woman.
Q. While the prosecutor and the other man were disputing about the watch he made no charge upon this man? - A. No, he did not; he said, that he was in company with him, that was all.
Jury. Q. Did either of these men pay for the other? - A. No; they paid separately.
Q. Did they drink together? - A. Yes; one sat on one side the table, and the other on the other, talking together; they appeared to be very sociable and amicable together.
GUILTY . (Aged 29).
Transported for seven years .
Tried by the first Middlesex Jury, before Mr. RECORDER.
106. TATE CORBETT was indicted for breaking and entering the dwelling-house of Henry Moses , about the hour of seven in the night of the 10th of January , with intent to steal his goods, and burglariously stealing ten pair of leather shoes, value 30s. the property of the said Henry .
Q. Where were the shoes lying that you missed? - A. Just within the window, within reach.
GEORGE RABY sworn. - I live opposite the prosecutor; I was going next door to Mr. Moses's shop to buy some paper; it is a single bow-window, and was well lighted; I saw the prisoner go up to the window, and a man, within a few yards of him, standing still; what made me look at the window principally was, to look at some bottle-labels which I meant to cheapen, and I thought I saw something draw from the window, and I went up, and saw the boy in the act of drawing the shoes out; he had one shoe in his hand, and the other in the window; they were fastened together; he was endeavouring to extricate it from the glass; I went up to him; says I, "you rascal, what are you about?" he said, "nothing, sir," and ran away; I followed him, and another person took possession of him before I got up, but he was never above three yards from me; he was never out of my sight from the time I pursued him till he was taken; Mr. Moses's servant took the shoes in, and put them by, and the boy was taken to the watch-house.
Q. Did you see him with his hand within the glass? - A. Yes; he had one hand within the glass, and the other outside.
Q. (To Abraham Moses.) Were there any other shoes lost besides this pair? - A. No.
Q. Was your mistress in the shop at the time? - A. Yes.
Prisoner's defence. I am innocent of it.
GUILTY Death . (Aged 12.)
Tried by the first Middlesex Jury, before Mr. Justice HEATH.
107. THOMAS SPENCER was indicted for feloniously stealing, within the Tower, on the 20th of October , six hundred pair of stocking, value 30l. and one hundred and thirty pair of woollen blankets, value 40l. the property of our Sovereign Lord the King .
(The indictment was opened by Mr. Raine, and the case stated by Mr. Const.)
ROBERT LUCAS sworn. - Examined by Mr. Raine. I am a carman: I was employed by James Wilson * to take a cart up to the Tower , from the stand, I cannot tell what the day of the month was, but, I believe, it was on a Thursday, between two and three months ago; I went up to the broad-walk in the Tower, and Mr. Wilson gave orders for the cart to be loaded by the soldiers belonging to the Train of Artillery.
*Wilson was convicted of a similar offence in the former Sessions.
Q. Who craned the goods down into your cart? - A. Some of the Train of Artillery up from the Tent-room.
Q. Was Spencer one of the men who helped to crane the goods into your cart? - A. I am not sure, but I suppose so, because he always helped to load the carts with Sharpe.
Q. Did the same persons crane down the goods into your cart, upon that day, as used to do it? - A. Yes.
Q. Where did you take the goods to? - A. To Mr. Wilson's house, in Leman-street, by Mr. Wilson's orders.
Q. How many casks were there? - A. I took them in for fifteen.
Q. About what weight each? - A. An hundred and a half a-piece.
Q. What was the use of the tent-room? - A. There are tents, and all sorts of stores, kept there.
Q. Did you know Wilson? - A. Yes; he lived in Leman-row, Leman-street, Goodman's-fields; he was clerk to Messrs. Hodgson and Hayter, packers in the tent-room. I remember Lucas, the carman, taking away a load of goods in the month of October.
Q. Was the prisoner there? - A. Yes; there were about twelve or thirteen casks of stockings, or coverlids, or something of that sort; they were part of the King's stores; the prisoner and I put them into the casks, and they were taken away to be sold, for the advantage of the prisoner and Wilson, and me; the prisoner had received his share of the money for former things, but not for this; I paid him somewhere about eight pounds the very day that Wilson was taken; I was to have had mine at night, but Wilson being taken I never had it.
Q. Who craned these goods down into the cart? - A. Some men that were on the works; the prisoner was there, and turned them out in the crane, to let them down where Wilson received them; Wilson went with the cart, and I went in the evening and unpacked them; Wilson took them up stairs into his room.
Q. Do you remember what they were? - A. They might be coverlids, I cannot say what they were.
Mr. Const. Q. I believe you did not confine yourselves to any one particular thing? - A. No.
Cross-examined by Mr. Knowlys. Q. I believe you steal, by wholesale, all that you can say your hands upon? - A. Yes.
Q. That is the character of the man that is now giving evidence? - A. I am sorry for it.
Q. How much have you got, now, by robbing government? - A. I cannot say.
Q. For any thing you know it might be one of the Artillery-men, as well as this man; we have only your veracity for that? - A. He was concerned in packing them.
Q. Whether Spencer was really the man, or any other person, we must take from you as far as we can believe you? - A. Yes.
Q. I believe this man continued in his employ to the very time of his being taken up? - A. Yes; he did.
Q. Will you take upon yourself to swear, that the goods which you stole (no matter who accompanied you in it) on the 20th of October, and that Lucas carried away, were stockings or blankets? - A. I don't know that they were.
Q. Do you know on what day Wilson was taken? - A. On a Saturday.
Q. That was generally known? - A. Yes.
Q. Spencer came to work on the Monday following, did not he? - A. Yes.
Court. Q. Do you recollect whether there were blankets or not? - A. I cannot say.
Q. How are stockings made up, are they in paper bundles? - A. Yes, a dozen in a bundle; the ends of some are covered, and some are not.
Q. Did you, or not, see any stockings when you packed or unpacked them? - A. I cannot say.
Q. There are no articles in the tent-room that have the same appearance with bundles of stockings? - A. No.
Jury. Q. Did you unpack the whole thirteen casks yourself? - A. Yes.
JOHN GRIFFITHS sworn. - Examined by Mr. Raine. I am a constable belonging to Lambeth-street office, Whitechapel: On Saturday, the 29th of October, I searched Wilson's house in Leman-row, and found fourteen half hogsheads in the parlour, the heads were out, and they were all empty; I went into the one pair of stairs room, and saw thirty-one waggon-tilts; and in the two pair of stairs room, thirty-three pair of blankets, ninety-four pair of sheets, and one hundred and one coverlids, one drum-case, and two hundred and ninety-five pair of white worsted stockings, such as military stockings; I brought them all to the office in a cart, along with Wilson, they have been locked up ever since; Wilson was committed, tried here, and convicted, On the Monday following, I took Mr. Spencer into custody; after Wilson's conviction, the goods were all returned to the Tower; I was present at returning them, and counting them out.
Cross-examined by Mr. Knowlys. Q. You took Spencer, in the Tower, at his usual place of work? - A. Yes.
Q. What are the value of them per dozen? - A. Twenty-two shillings and eleven-pence.
Prisoner's defence. I know nothing of the transaction, I never received any money in my life.
Jury. (To Roseman.) Q. Was it Spencer's duty to be constantly in the tent-room? - A. Yes.
Q. Could they be removed without his knowledge? - A. I think not.
Q. How many labourers are employed in that warehouse? - A. There were five then.
The Prisoner called four witnesses, who had known him from five to eleven years, and who gave him an excellent character.
GUILTY . (Aged 41.)
Transported for seven years .
Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.
108. STEPHEN ROBERT HICKSON was indicted for feloniously stealing, on the 3d of December , a printed play, called the Inconstant, value 6d. another, called Irene, value 1s. 6d. another, called Pericles, value 1s. 6d. another, called Sir Harry Wildair , value 1s. 6d. another, called The Rehearsal, value 1s. 6d. another, called The Chapter of Accidents, value 1s. 6d. and twelve printed sheets of an Opera, called Abroad and at Home, value 2s. the property of George Cawthorne .
GEORGE CAWTHORNE sworn. - I am a printer and bookseller , I employed the prisoner at the bar. I was convinced there were thieves among the men in the press-room. I charged them with it; and, on the 3d of December, I went into the printing-house and detected this man in the act, with a number of sheets before him folded, and in the act of folding more; I asked him what they were; he
Q. What book was it? - A. The opera called Abroad and at Home; I told him he was a thief, and I knew there were thieves among them; I had for months before told them, the first I detected I would prosecute, that none had a right to take a sheet of paper out of my premises, without having it from me; I had heard that there was such a claim set up, and I told every man of mine that I would not allow any such thing, and that if I detected them, I would prosecute them; I told them if they wanted a book, and asked me for it, in all probability I should give it them; I told the prisoner, if he would permit two of my people to search his lodgings, very well, if not, I should get a search warrant, and I sent Colin Macrae , my overseer, and John Jarvis , my apprentice, to his lodgings.
Cross-examined by Mr. Raine. Q. You describe yourself to be a printer and bookseller? - A. Yes.
Q. Who did you serve your apprenticeship to? - A. I did not serve my apprenticeship to the business.
Q. Did you serve any apprenticeship to any business? - A. Yes; a grocer.
Q. How long were you a grocer? - A. A great many years.
Q. Were you ever a coal-merchant? - A. Never; I believe I once took a room of coals, and sent a chaldron of them to my mother-in-law, and they were measured out of my room, and therefore they put me down, seller, George Cawthorne ; that is the only chaldron of coals I ever sold.
Q. Now Mr. Grocer, or Coal-merchant. or Printer and Bookseller? - A. I am no coal-merchant.
Q. Then grocer let it be - You heard that there was a claim made by men employed by printers, to certain copies? - A. There are a great many printers here to prove that they have no such right.
Q. But we will hear that rather from persons who were bred to the business, than from a grocer; did you ever hear that there was such a claim made? - A. I have heard that there was, and I have heard a great many things that are not true, but I told them I would not permit it; I have heard both that there was such a claim, and that there was not.
Q. Did you think that the proper way of settling a disputed claim, was to indict that lad for felony? - A. He did not pretend to claim any thing.
Q. Upon your oath, did he or not set up a claim to a copy of that book? - A. No; he did not.
Q. Nor of any book in which he was concerned as a compositor? - A. No; he never did to my knowledge.
Q. You must know whether he did or not? - A. I say he never did to my knowledge.
Q. He never stated that claim? - A. Never to me, nor in my hearing; I believe he said, after I had taken him up, that he understood he had a claim, but that that was very foreign to the answer he gave me when I detected him.
Q. When you detected him, as you call it, he was folding some sheets, which, he said, were damaged sheets? - A. Yes.
Q. Perhaps he was at least as likely to know whether they were damaged sheets as a grocer? - A. It was a perfect book, all but one sheet.
Q. How long have you been in the business? - A. Better than a year.
Q. How long has he been employed by you? - A. I cannot tell.
Q. Had you continued to employ him from the time you left the trade of a grocer, till you came into that of a bookseller and printer? - A. Yes.
Q. And you say, that after you detected him, as you call it, he did set up this claim? - A. He did not set it up; he said, he understood there was such a claim; he said, he understood it, but he never made such a claim; he begged my pardon, and said, if I would excuse him he would never do so any more.
Q. You had threatened him with Botany Bay, I believe? - A. I had threatened to prosecute him.
Q. You are the Mr. Cawthorne, I believe, who got into Bell's shop? - A. Yes; very unluckily for me.
Q. It is very unlucky that you should both be dissatisfied - What became of those sheets you found the boy folding? - A. They are here.
Q. Whereabouts did you find them? - A. At the top of a small book-case, or desk, that stood very near the door upon entering the room.
Cross-examined by Mr. Gurney. Q. You are overseer in this shop of Mr. Cawthorne's? - A. Yes.
Q. How long have you been in this trade of printing? - A. Upwards of twenty years.
Q. You can tell us a little more than Mr.
Q. In the King's printing-office, are they allowed a copy, or are they paid money in lieu of a copy? - A. They are paid money in lieu of a copy.
Q. Have you worked in various printing-offices? - A. I have.
Q. In those printing-offices, have you not known that the pressmen and compositors have both set up the claim of a copy of the work which they print? - A. I have heard of it frequently.
Q. Is it not an understood claim? - A. I believe they contend it to be a right; I have heard them say there is an act of Elizabeth, which gives them that right.
Q. Do you not know that the question was tried between the journeymen and the masters, by Mr. Lane of Leadenhall-street? - A. I don't know.
Q. This young man was Mr. Cawthorne's journeyman? - A. Yes.
Q. When you went to his lodgings, there was no search-warrant? - A. No.
Q. He went with you very willingly to shew you his lodgings? - A. Yes.
Q. What was it you found? - A Some plays.
Q. Not in a place of concealment, as if he was conscious of stolen property? - A. No.
Q. (To Cowthorne.) Had you given notice to these journeymen, that you would not allow this before these plays were worked off? - A. Yes. I had; I told them, if they had a claim to shew me by what authority, and it they had a right to them, I would give them with my own hands.
Court. Q. Why did not you bring an action against him? - A. I was advised to indict him for felony.
Court. If there is a pretence of right, that is all that we have to enquire into; to be sure, we are not to try a civil right by a criminal prosecution.
Mr. Raine. (To Cawthorne.) Q. When had you first issued these orders to the journeymen, that you would not allow the copy? - A. I suppose, nine or ten months ago.
Q. Two months after you commenced printer and bookseller, you must, by that time, have been perfectly acquainted with the customs of the trade? - A. I don't think I am now.
Mr. Raine. Nor I neither.
Q. (To Cawthorne.) Are those the plays that were worked off at your press? - A. Yes; my Lord. I have several printers here to prove that there is no such custom.
THOMAS BENSLEY sworn. - Q. I will not ask you, whether journeymen have a right to a copy, but did they ever claim a right? - A. I never had any such claim made in my house, nor I never heard of any, further than this, there was, some time ago, a case which Mr. Lane brought before my Lord-Mayor where some of his men did make a similar claim to this; but to prove that they were conscious that they had no such claim, when my Lord Mayor desired a meeting of masters and journeymen to decide the claim, they would not meet, and it has always been understood, that they had no such claim.
Mr. Raine. Q. You are a master, I believe? - A. Yes.
- DAVIS sworn. - Q. Did you ever hear of this claim? - A. Yes; I have certainly heard of such a claim, and I think I am bound to say, that numbers of the men think they have such a claim; in a civil court, I should explain the matter, but, here, I presume, I am only to answer questions; they have certainly some crude notion, which is totally unfounded; if every man was allowed to save a sheet, it would take away the whole of the printer's profit; it would amount to twenty pounds a week in my house; but there certainly is such a claim.
Court. Q. I think, Gentlemen of the Jury, there can be no occasion to go any further; at the same time, the acquittal of this man must not be understood to decide the right.
NOT GUILTY .
Tried by the first Middlesex Jury, before Mr. Justice HEATH.
109. THOMAS BATES was indicted for breaking and entering the dwelling house of Jonathan Hewitt , about the hour of five in the night of the 20th of November , and burglariously stealing, a shag coat, value 20s. three cloth coats, value 12s. a pair of shag breeches, value 6d. two pair of cotton breeches, value 2s. a pair of velvet breeches, value 6d. a pair of satin breeches, value 10d. two dimity petticoats, value 2s. a silk cloak, value 20s. a cotton gown, value 10s. two aprons, value 2s. and two musslin handkerchiefs, value 2s. the property of the said Jonathan, in his dwelling-house .John Everit , who was in company with the prisoner, at her house, standing at my door on the Friday night, and that was the reason I suspected him.
Q. What sort of light was it, could you have known any body's face? - A. Yes; when I went out, but not when I came back, in the court, it was so dark that I could not certify unless I knew the person very well; if it had been in the open street, I think I might have known a person.
ANN ROBINSON sworn. - I remember Mr. Hewitt's leaving the key of his door with me on the Saturday afternoon; the prisoner, and Everett, and two more were in the house at the time, they staid about a quarter of an hour, or twenty minutes in the house after he had left his key, the other persons remained partly all the evening, I believe, in the house; Bates and Everitt returned again between six and seven o'clock.
Prisoner. Q. Were there not five or six people drinking together? - A. No; there were only Bates and his wife, and his father, and Everitt, and an old gentleman that lodged in the house.
JOHN EVERITT sworn. - Bates and I worked at the same shop; I lodge in the same house with the prosecutor; Bates asked me, if I knew one person and another that lived round about me, some that I knew, and some that I did not know; and on Saturday I was at Mrs. Robinson's, with Bates, and his father, and his wife, Mr. Hewitt came in about four o'clock; I missed Mr. Hewitt, and then Bates said, d-n your eyes let us go and do that robbery; in the morning, he had called me about seven o'clock, and we had a pot of twopenny; says I, let us go to work, no, says he, it is of no use to go to work till nine o'clock, and then he proposed doing that robbery; Bates asked me now many people lived in the house, and I told him there was Mr. Swanney, he said, he had heard that he was worth a great deal of property, and d-n your eyes, says he, if you behave like a man, I will put you into something, some of these nights, that shall be the making of you; then, on the Saturday afternoon, when Mr. Hewitt was missing out of Mrs. Robinson's house, he said, d-n your eyes, it is drawing nigh Christmas, I want some money, and then he said, let us go and do that robbery at Mr. Hewitt's, and we went to the door, that was between four and five, it was dark about five, or ten minutes after; Mr. Hewitt had been missing, he went to the door, and said, it is but a small key opens this door, turn round and thove, and we did both of us, and forced open the door, and then I found myself in the dark, near Mr. Hewitt's loom, says he, feel about the corner, may be, there may be a box or something, and then I found myself up by the fire-place, and Bates made answer, here is the bed, we will have this, if there is nothing else, and he immediately says, here is a box, come here, and says he, put your hand upon the box, and your fingers under the lid, and then we pulled the box open; he told me to hold my apron up, and he put some things into it, they were cloaths and wearing-apparel; and then he told me to take them out, and if any body saw me, they would think I came from my mother's with a bundle, living in the same house; he told me to go over the lair, and chuck them over the rails, and he said, he would whistle if any body came after me, that I might run away; I went over the lair, and chucked them over the pales, and jumped over after them, and put them behind a cart that was standing in a place where they shoot the night foil; he said, let us go back again; no, says I, I cannot go back, I am so frightened; he said, d-n your eyes, come back, and then we went and took some more wearing apparel out of another box, he gave me some, and took some in his arms, then we took them to the same place, and he jumped over the pales, and looked at the things, and said, he never was in a better swag in his life.
Q. What did he mean by that? - A. I don't know; then he tied some in a curtain, and others he took under his arm, and he made me carry what was in the curtain, that was three parts of them, I suppose, and then we went down Brick-lane, to a house in Golden-lane, he went in first, and told me to stand at the door, and he called out, Ben, and a man came out, and Bates said, here, we have got swag for you; the man's name was Benjamin Goddard ; and he went into a yard, and shut the room shutters to, than he went into another room, and brought a candle, and I turned the things out; as soon as the things were turned out, Benjamin GoddardBenjamin Goddard had told him to go for a pot of beer, and he would come to him, that was at a public-house in Golden-lane; we called for a pot of beer, and Bates thought it was the wrong house, and went out, and while he was gone, Goddard came, and I told him Bates was gone after him, and presently Bates came in, and told me he had got the money; he gave me a guinea into my hand, and paid for a pot of beer and a quartern of rum that he had at the bar; he said, he treated Goddard with a glass of rum, and that was a shilling; when I got out, he gave me two shillings and sixpence, and said, would that do? says I, you told me you had got fifty shillings, and you have only shared forty-nine shillings; and then he gave me another shilling, and said, d-n your eyes will that do? then we went straight away to Mrs. Robinson's, and had a pot of beer, and I paid Mrs. Robinson four shillings and seven-pence for beer that I had had in the week, and changed the guinea there.
Q. (To Mrs. Robinson.) Did the last witness change a guinea with you when he returned? - A. Yes.
Q. How much was it he paid you? - A. Four shillings and seven-pence for beer that he had had in the week.
Q. What is the business of Everitt? - A. I believe he is a lighterman and waterman by business, but he has worked with Bates for some time, as an iron chest maker.
SAMUEL HARPER sworn. - I am an officer; on Monday the 28th of November, the prosecutor came to our office in Worship-street, and told me he had been robbed, and that he suspected the people that robbed him, and I and three other officers went to Ratcliff-lair, pretty near the public-house door, and there we saw the prisoner and Everitt together, we apprehended them, and took them to the office.
Q. (To Everitt.) How light was it in the court, at the time that you and Bates opened the door? - A. I cannot rightly say how it was in the court, I did not notice, but it was so dark in the room that we could not see any thing at all.
Q. Could you see a man's face in the court? - A. Yes; I dare say I could.
Prisoner's defence. On the Friday night that this robbery was committed on the Saturday, I went, with Everitt to take home an iron book-case of fourteen hundred weight; Everitt was sent back, and when I came back to work I did not find him at work, but I went to Mrs. Robinson's, the public-house, and, as usual, he was there playing at shove-halfpenny, and I could not get him to work. The next morning I tried to get him to work, but could not. I told Mrs. Robinson to beg of him to come to work, that he would lose his place if he did not, and my young master came to call him; he knew very well that I could not go on with my work without him. In the afternoon, I was sitting with my father, and some man came in, and Everitt knocked the man's money out of his hands, and the man and he went to fighting; and I asked him again to go to work; and he said he had sprained his thumb, and could not; and then he went out a considerable time before me, we did not go out together; it is true he changed a guinea with Mrs. Robinson that he had received for his wages. I went out for a little while, and came back again to the public-house; I told Mrs. Robinson that I could not pay her, because I should not receive my money till Sunday. On Monday morning he called me to work, and I thought it was very strange, as I had always had to call him, for I never could get him to work; and he told me, that every body that was in Mrs. Robinson's tap-room on Saturday were going to be taken before a Justice; and I went to Mrs. Robinson's to ask her about it; when Mr. Harper apprehended me, they searched me, and found two shillings upon me, and very near a guinea upon him; I was taken before the Justice, and the Justice did not think I was the man that did it, and I was committed till the next day, and the next day I came down again to the Justices; I know nothing of the property; I had not even money to pay for the beer that I had had of Mrs. Robinson.
Q. (To Mrs. Robinson.) After Hewitt was gone from your house, did you see the prisoner and Everitt go out together? - A. I cannot say I saw them go, I missed them both; neither do I know whether they came back together, but Everitt brought me the guinea to change, and then I heard Bates's voice in the tap room; Mr. Hewitt had been gone about a quarter of an hour, or twenty minutes, when I missed them.
Q. Had the prisoner applied to you to tell Everitt to go to his work, and not be so idle? - A. He certainly did, on the Friday evening.
For the Prisoner.
- PARNELL sworn. - I am a clock-maker, and keep a house, No. 8, Taylor's-row, in the Pipe-field. The prisoner lodges in my house, he came to lodge with me about this time last year; I have only to say, that I have ever considered him as a hard-working honest man.
Mrs. STEVENSON sworn. - I am a smith: The prisoner has worked with me about seven years.
Q. What has been his character during, that time? - A. He never wronged me to my knowledge.
Q. What is his general character? - A. I don't know any harm of him; he is a very hard working industrious man, losing a day now and then.
Q. What is his general character? - A. I never knew any thing ill of him till this happened.
CATHERINE HENNING sworn. - I live in the house in which the robbery was done, I know nothing of the robbery, I had heard a very indifferent account of the house before. On the day of the robbery, I heard the door burst open; I went down, and saw the skirt of a blue coat go in, I supposed it was Mr. Hewitt, I spoke to him but he made no answer; I sat down in my room, and, in ten or fifteen minutes, I heard the latch go, I ran to the top of the steps, and saw a man, in a blue coat, going by my window, with a bundle; and then Mr. Hewitt's daughter came in, and said, my father is gone out and left his door open; says I, he is in the room, for I saw him go in.
Q. Did you see more men than one? - A. No; he was rather a tallish man.
Q. Was it light enough to see the colour of his coat? - A. Yes; he had a blue coat on. On the Monday afternoon, I came home, and saw a great mob; and when I came in, I saw two women big with child in my room, one of them was a woman that Everitt lives with.
Court. You must not tell us what they said.
Q. (To Mrs. Robinson.) How were they dressed when they were at your house? - A. They both had jackets on; Everitt's was a blue one, I cannot recollect what colour Bates's was.
Q. (To Mrs. Stevenson.) Had you paid them any wages on Saturday night? - A. No; I never saw them that night.
GUILTY , Death . (Aged 30.)
Of stealing the goods to the value of 40s. but not guilty of the burglary.
Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.
110. JEREMIAH DEMPSEY was indicted for breaking and entering the dwelling-house of Thomas Goodwin , about the hour of six in the night of the 17th of December , with intent his goods and chattels to steal, take, and carry away; and burglariously stealing a blue beaver hat, a black silk bonnet, two black silk cloaks, two straw hats, a pair of stays, and an iron ring with nine keys, the property of Joseph Burt , she said Joseph Burt , and others of the family, being in the dwelling-house .
JOSEPH BURT sworn. - I am a dealer in tobacco and snuff : I missed the things mentioned in the indictment, on the 17th of December, about half after six o'clock in the evening, they were in a box on the left-hand side of the entrance of the shop; I saw it when I went into the parlour a very few minutes before; the watchman came and informed us that the door was open, it had a spring-lock, and I had pushed it to when I went into the parlour, this was on the Saturday evening; the next day, my landlord mentioned to a neighbour that I had been robbed, and he was informed that a box had been found on a dunghill, in Kelmell-buildings, I went the next day and enquired for a coachman, who, I understood, had the keys, and he had given them to the constable, and informed me who had got my box; I went to Marlborough-street and got a warrant, and took up Sarah Buck , the box was found in her lodgings; the woman was examined, and acquitted; and the Justices gave me the box, and one of the hats and the keys, which had been found with the box. After that, I was advised to enquire at the pawnbroker's after the things, and I found the stays, and one of the black silk cloaks, pawned at Mr. Mulcaster's, in Chandless-street, Grosvenor-square; and I found a muslin apron, and a blue handkerchief that had been given to a little girl about fourteen or fifteen years of age, that lives by the Middlesex-hospital, I found them at her mother's house.
ROBERT HINKSMAN sworn. - I am a pawnbroker in Broad-street, St. Giles's: On the 17th of December, in the evening, the prisoner offered this cloak to pledge, and I stopped it; he went to fetch the young woman it belonged to, and never returned; and in a few days after the prosecutor claimed it.
EDWARD MULCASTER sworn. - I am a pawnbroker: On the 17th of December, the prisoner pledged a pair of stays with me for five shillings, I delivered them up; I cannot swear to them since they have been out of my possession. (The property was deposed to by the prosecutor).
Prisoner's defence. I was sitting in a public-house, and a boy offered me a shilling to pledge these things for him, and I thought I would earn a shilling.
GUILTY of stealing the goods to the value of 39s. but not guilty of the burglary .
Transported for seven years .
Tried by the first Middlesex Jury, before The LORD CHIEF BARON.
111. WILLIAM SHEPHERD and RICHARD PRYER , were indicted for feloniously stealing, on the 6th of December , fifteen cambrick handkerchiefs, value 2l. 16s. twenty six muslin neckcloths, value 6l. 6s. three muslin stocks, value 3s. four muslin tuckers, value 10s. a pair of black leather shoes, value 3s. 6d. a pair of jean shoes, value 6s. a white silk petticoat, value 25s. two muslin gowns, value 4l. four muslin gowns, trimmed with lace, value 4l. six linen shirts, value 63s. twenty-one yards and an half of white thread lace, value 6l. 19s. 6d. a wooden trunk, covered with leather, value 5s. and a great number of other articles, the property of John Larkin , Eight muslin neck handkerchiefs, value 16l. 6s. four muslin cap cauls, value 4s. a printed calico gown, value 3l. four linen aprons, value 6s. a pair of pockets, value 1s. 6d. four pair of cotton stockings, value 15s. 6d. two pocket handkerchiefs, value 2s. three dimity petticoats, value 16s. and a calico dressing gown, value 4s. 6d. the property of Margaret Preston .
Q. He is private gentleman ? - A. Yes; on the 6th of December, Mr. Larkin came out of the country, and stopped at No. 5, Fenchurch-street, the coach was ordered to Mr. Bonnett's coach-maker, Prince's-street, Soho; Mr. Larkin desired me to go with the carriage, and gave me a note to Mr. Bonnett.
Q. How came you to be with the carriage? - A. I was not his servant then, I was out of place; I had been in the country on my own business, and returning, I got behind the carriage; I had not been long behind, before Mr. Larkin stopped the carriage, and asked who I was, he knew my friends very well. they live at the place he came from; I was, at that time, a total stranger to him, when we came to Fenchurch-street, he desired me to go with the carriage, the trunk was strapped behind; being very tired, having walked thirty miles that day, I got into the carriage, I kept a sharp look out behind, through the glass, in the back of the coach, we came through Cheapside and St. Paul's-church-yard , as I looked out, I saw two men running after the carriage, about five or six yards off, till they got close to it, William Shepherd immediately released the trunk from behind the carriage, and Pryer took hold of it.
Q. Where was this? - A. In St. Paul's-church-yard.
Q. In what manner did he release it? - A. It was strapped on with two leather straps, the straps were cut; they took hold of it, one on one side, and the other on the other side, and ran away with it; I stopped the coachman and opened the carriage door, and jumped out in pursuit of them, they made up Cheapside, towards the Mansion-house; when I came to Cheapside, I enquired of a man, if he had seen any body with a trunk, and he told me two men were gone along Cheapside with one, I then saw them, and immediately ran after them.
Q. Were they the same two men you had seen behind the carriage? - A. Yes; I catched William Shepherd fast by the coat, and asked him where he was going with the trunk, he replied, what was that to me; I told him it was to me, it was my property, at least it was in my care.
Q. Who had the trunk? - A. Both of them, they were together, going towards the Mansion-house, near Bread-street; they said, they would not deliver the trunk to me, they had picked it up; I told them, if they did not deliver the trunk, I would charge the watch with them.
Q. What time was this? - A. Nearly six o'clock, I called the watch, but there was no watch set, they asked me if I had the key of the trunk, or could tell the contents; I told them I could not, but had sufficient in my pocket to shew it was in my care, I had the note then in my pocket, they said they would not deliver the trunk up, I was a swindling fellow, and wanted to cheat them out of the property which they had found; we had a bit of a scuffle, they were going on, a gentleman advised me to take them to the Mansion-house; I begged of them to go with me to the Mansion-house, they said, they would go with me; I went on to the Mansion house, and rang the bell, a constable attended, and I told him there were two men who had taken a trunk from behind a carriage, and I produced the note.
Q. Is the constable here? - A. Yes, I don't know his name; he advised me to give charge of the two men, which I immediately did, and the
Q. Was it a wooden trunk? - A. Yes; covered with leather.
Q. That trunk was Mr. Larkin's? - A. Yes.
Q. Did it appear to you heavy, as if it was full? - A. Yes, quite full; it appeared very heavy by their carrying it; one man could not well carry it alone.
Cross-examined by Mr. Knowlys. - Q. Mr. Wisdom, I must have a few words with you; for these men have both friends and character - As soon as the gentleman was out of the carriage, you took the hint and took his place? - A. I was not desired to ride inside or out; I had walked from Malden that day, and from town the day before.
Q. Mr. Larkin desired you to take particular care of that trunk, to see it safe to the place? - A. Yes.
Q. If you had condescended to go on the outside, the trunk could not have been taken away? - A. No.
Court. Q. You did not deliver that note to Mr. Bonnett? - A. No; I delivered it to the constable.
Mr. Knowlys. Q. You neglected the safer way, and got within side? - A. I did.
Q. Through the back of the carriage, you saw all that passed? - A. Yes; I put back the pad, and saw through the glass.
Q. When did you look through? - A. All the way.
Q. Could you see the faces of the men that ran after the carriage? - A. No; I took particular notice of their garments; one had a light drab coat, the other a blue or a black coat.
Q. It was not light enough to discover the colour, was it? - A. It was lamp-light.
Q. Was it a rainy night? - A. Yes.
Q. That gave you a better opportunity of seeing colours? - A. I think it did; the lamps gave a light, that the stones shone from the water.
Q. This gave you a better opportunity of observing? - A. Not better, full as good.
Q. You had not an opportunity of seeing their faces? - No, only the garments.
Q. You swear, the two persons you saw in Cheapside, were the persons that took she trunk off in St. Paul's Church-yard? - A. Yes, I do.
Q. I will give you a caution; I have four witnesses to call, who will prove that you said the contrary - Did you not say to the Mansion-house constable, you could not swear that these were the men that you saw in St. Paul's Church-yard? - A. I did not tell him I could swear to them.
Q. How came you to tell him they were the two persons? - A. He did not ask me; it was the prisoner asked me if I could swear to them; I might say a few words; I was confused, having the trunk in my care, if it was lost, what might be the consequence.
Q. Did not you tell my Lord, these were the two men that took the trunk? - A. Yes, I said so.
Q. Did you say so to the constable? - A. No; I did not say so to the constable.
Q. To whom did you say so? - A. I told it to the Lord-Mayor.
Q. Now, did you tell the constable so or not? - A. I told the constable, when he opened the gate, here were two men who had taken a trunk from a carriage.
Q. Did you tell the constable these were the two men that took the trunk - How came you to say you were so flurried, you could not swear they were the men - Was not Church, the constable, there? - A. I don't know his name.
Q. Was not there another constable there of the name of Newsom? - A. I don't know either of their names.
Q. Look at Church; is that the constable? - A. That is the man I delivered the note to.
Q. Did not that man ask you if you were certain these men were the persons that took the trunk; and whether you did not say they were the persons that had it in their custody, but you could not swear they took it? - A. I did not.
Q. You never said they were not the persons that took the trunk away? - A. I told him they were the persons that took the trunk from behind the carriage.
Q. About what time was this? - A. Nearly six in the evening.
Q. When you came up with these men, they asked you whether you could produce the key, or were the owner of the trunk, did they not? - A. They asked if I could produce the key, or knew the contents.
Q. I ask you, whether they did not propose going to the Mansion-house? - A. No, they did not; they were not the first proposers of it.
Q. Did they make any objection to taking the trunk to the Mansion-house? - A. No; they did not.
Q. Did you give charge of them to any body? A. No; the watch was not set.
Q. Did you ask any body to assist you? - A. Yes; they made me out to be a swindler, and they would not take any notice of it.
Q. They might have let the trunk down and ran away? - A. No; they went to the Mansion-house.
Q. Did not the constable take you to the Compter? - A. They said, if the constable took charge of them, they must take charge of me; and if Mr. Larkin was a gentleman, they found the trunk, and supposed he would make them some recompence.
Q. Did not you say at the Poultry Compter, that you could not say that these were the men that took the trunk away in St. Paul's Church-yard? - A. No; I did not.
Jury. Q. At what pace was the carriage travelling, when you saw those men coming after it? - A. It was going on a jog trot.
Mr. Knowlys. Q. You know that man, Bamford; did you say before him, that you could not say these were the men that took the trunk from the carriage? - A. No; I did not.
Q. As you were particularly desired to take care of this trunk, and left the best care of it and got within side, you expected a great deal of anger if you did not find the persons that took it? - A. Certainly I did.
Q. If you did not six upon somebody? - A. Mr. Larkin did not want me to six upon any person, if I did not save the property.(The trunk was produced by Henry Church.)
Q. Look at that trunk; is it Mr. Larkin's trunk? - A. Yes.
Q. Do you remember the day it was missing? - A. No; I did not set down the day; I saw it behind the carriage when it went off.
Q. Has it been opened since? - A. Yes it was, at the Mansion-house, and the valuable things taken out.
Q. Were all the things mentioned in the indictment in it? - A. Yes; I packed them in myself.
Q. Were they the same when they were brought to the Mansion-house? - A. Yes; exactly the same.
Court. (To Wisdom.) Q. You caught hold of these men with the trunk in Cheapside? - A. Yes.
Q. Were they walking or running? - A. Walking as fast as they could.
HENRY CHURCH sworn. - I am gate porter at the Mansion-house, and a constable: On the 6th of December, between six and seven in the evening, the prisoners at the bar came to the Mansion-house, accompanied by Mr. Wisdom; he gave charge of them for cutting the trunk from behind the carriage; I asked him how it happened.
Q. That was in the hearing of the prisoners? - A. Yes; he said, going along St. Paul's Churchyard, he heard a noise behind the carriage; he looked through the glass, and saw some person or persons attempting to cut the trunk from behind the carriage; that he called to the driver to stop as soon as he could, and he could not make him stop till he broke one of the glasses in the front of the carriage; when he got out of the carriage the trunk was missing; that he went towards Cheapside full run in pursuit of them; that coming out of St. Paul's Church-yard, he met a gentleman; that the gentleman asked him what he was running for; that he told him he had lost a trunk from behind a carriage; that the gentleman told him he met two men in Cheapside with one, one hold of each handle; that somewhere about Bread-street he overtook them; he demanded the trunk; they refused to deliver it without he could produce the key, which he could not, and they came very quietly with him to the Mansion-house; I asked Mr. Wisdom if he could swear they were the men that cut the trunk from behind the carriage; he said, he could not, but they were the men he found it upon, therefore he gave charge of them; they went very quietly to the Compter; I asked Mr. Wisdom at the Compter, where the gentleman lived that belonged to the trunk; he could not tell me the name of the street; he told me he was a servant out of place, and he was sent to take care of this trunk; as he could not give a proper account of himself, the prisoners gave charge of him, and I took him into custody; I found out where Mr. Larkin was in town by the note.
Q. Did Wisdom give you the note? - A. Yes; I found him at Mr. Hankey's, in Fenchurch-street; the note was only a direction to the coach-maker for the coach to be repaired; Mr. Larkin came to the Lord-Mayor's, and released Wisdom out of the Compter that night.
Cross-Examined by Mr. Knowlys. Q. You are in trust at the Mansion-house, and can have no interest in this business? - A. Certainly not.
Q. You are sure you asked him if he could swear they were the men that cut the trunk from behind the carriage, and he said he could not, but that he found it in their possession? - A. Yes; he said that two or three times.
Q. Were you at the Compter when Bamford came there? - A. Yes.
Q. What did Wisdom say in the presence of Bamford? - A. He said he could not swear to the men.
Q. Will you state the very words what he said relative to their being the men or not, that cut the trunk from the carriage? - A. He said, he could not swear they were the men, that he found the trunk upon them.
Q. Was Newsom by at the time this passed? - A. Yes; all of them.
Q. The prisoners supoenaed you on their part as well as the prosecutor? - A. Yes.
Shepherd's defence. I was at work very hard all day; I can appeal to God for my innocence, and I leave it to my Counsel.
Pryer's defence. I am innocent, but I wish to leave it to my Counsel.
For the Prisoner.
ISAAC NEWSOM sworn. - I am a constable; I was at the Mansion-house when the trunk was brought there by the two prisoners and Wisdom; Mr. Church was very particular to know whether he could identify the two men as the men that cut the trunk from the carriage; Wisdom said, no, he could not identify the men as cutting the trunk from behind the carriage; Mr. Wisdom insisted upon Mr. Church taking charge of them, as finding the trunk in their possession.
Q. Were you afterwards at the Poultry-Compter, when Bamford, Wisdom, and the two prisoners were there? - A. I was there, but did not hear what passed.
Q. You are a constable, and perfectly indifferent to those parties? - A. Perfectly.
WILLIAM BAMFORD sworn. - I am a timber-merchant, in Houndsditch; Shepherd was in my employ, as a carman, at the time he was taken up; hearing he was in she Compter, I went to him, Wisdom and Church were there.
Q. At the time Church and you and the two prisoners were together, what did Wisdom say respecting the prisoner's cutting the trunk from behind the carriage? - A. I asked him if he could swear to these two men, he said, he could not swear to their being the men that cut the trunk from behind the carriage, but those were the men in whose possession he found the trunk in Cheapside.
Q. You heard what he said just now? - A. Yes.
Q. Are you quite sure those were the words, or the substance of the words he uttered? - A. Yes, they are.
Q. How long has Shepherd been in your employment? - A. Between five and six months.
Q. What character has he deserved from you, with respect to honesty? - A. Very honest.
Q. If he was at large, would you take him into your service with the same confidence you did before? - A. I would.
Q. Did you ever see him in company with Pryer before? - A. No; I did not know they were acquainted.
Jury. Q. Was he on your business that night? - A. Yes; he was going to take a note to Mr. Yallerley's, Blackfriar's-bridge.
Court. Q. How long have you lived in Hounsditch? - A. Three years.
Q. This conversation passed in the hearing of the two prisoners? - A. Yes.
Q. When he said the prisoners were in possession of this trunk, did they make any answer to it? - A. Yes; they said they picked it up in St. Paul's-church-yard, in the walking path, near to the pump.
Q. Do you know Pryer? - A. Yes; he is a painter, we were at work together, at Mr. Smith's, No. 103, Shoe-lane; on the evening he was taken up, we were painting the house, we left work exactly as the clock struck six.
Q. Do you know Shepherd? - A. I do not.
Q. Was he at all in your company that evening? - A. He was not.
Q. When you left off work, which way did you and Pryer go? - A. Up Fleet-street, and away to St. Paul's.
Q. Did you go on the coach side or the other? - A. The other, where the bar is; I was going to Ratcliff.
Q. How far did Pryer go with you? - A. Near to the tree, and then he struck from me towards the rails in the church-yard; I turned my head, and saw something standing in St Paul's-churchyard, and a person near it, and he struck down to it, he moved to it.
Q. You saw something Pryer was moving to? - A. Yes.
Q. And you saw somebody else? - A. Yes; I took in it might be a porter wanting help, he seemed to be between the tree and the pump, about the middle of the way.
Q. Did you stay to see what this might be? - A. I did not; I crossed the way, and went towards home.
Q. Could you distinguish the person that you saw standing towards the tree? - A. No; I could not.
Q. Before he struck towards the tree, did you see Shepherd join his company? - A. No, I did not.
Q. How long have you worked for Mr. Smith? - A. About six weeks.
Henry Wardell .
Q. How long have you worked for Mr. Wardell? - A. Near forty years.
Q. How long has Pryer worked for him? - A. Near two months.
Q. At the time you saw him move towards this thing, was there any carriage near that you could see, a gentleman's carriage? - A. No carriage that I observed, except one of the long stages just by the bar.
Q. What character did he bear? - A. A very good character as to keeping his time, and minding his work, a very industrious man.
Court. Q. You did not discover what this thing was? - A. No.
Q. You were on the walking side of St Paul's? - A. Yes.
Q. Was the trunk by the rails on the walking side? - A. Yes; this something was to the left hand of me.
Q. You were walking on the walking side, your left hand must be towards the houses, was this something on your left hand? - A. No, on my right hand, towards the rails.
Q. It was not on the side where carriages go round; it was on the side where no carriages go at all? - A. Yes.
Q. He struck off then, in a moment? - A. Yes.
Q. Where were you going? - A. Home, towards Cheapside; I live at Ratcliff.
Q. Do you know what place he was going to? - A. I don't know but what he was going home, he lived in Little Prescot-street.
Q. You were going home together? - A. As far as we went.
Q. He left you rather suddenly? - A. Yes.
Q. Did he take any notice when he left you so? - A. No, none.
Q. Did not you think it strange he should leave you so? - A. I thought so.
Q. This something that you discovered in the street, did he make up to that? - A. Yes.
Q. Did it not appear to you that he had found something? - A. No.
Q. What did you conceive about it; you were walking home together, and he left you abruptly, did it not appear that he went to lay hold of it? - A. No.
Q. Did not you go after him at all? - A. No.
Q. Seeing something lying in the street, had not you the same curiosity as he, to look at it? - A. No.
Q. You left him there, and went home, without taking any notice about it? - A. He might go to make water, I cannot tell.
Q. You took no notice of it, or of him? - A. No.
Q. But went on quietly? - A. Yes.
Q. What brought you here to-day, to give an account of this? - A. I was along with his brother when he was taken up; his brother's wife came to me, and desired me to go to him, she told me he was in the Compter.
Q. Have you ever given this account to any body but here? - A. No.
Q. Were you taken before the Magistrate? - A. I was there, but was not examined.
Q. Did you go to give any account of this? - A. I was not called.
Shepherd called one other witness, and Pryer five witnesses, who gave them good characters.
Both NOT GUILTY .
Tried by the London Jury, before Mr. RECORDER.
112. JOHN HOLMES was indicted for that he, on the 20th of December , in the King's highway, did make an assault upon Daniel Palmer , putting him in fear, and stealing from his person, two half-crowns, and 2s. the monies of the said Daniel .(The witnesses were examined apart at the request of the prisoner.)
DANIEL PALMER sworn. - I live at No. 16, in John's-street, in the parish of Christ-church, Surrey; I am a journeyman carpenter : On the 26th of December, as I was going into the play-house , I was hustled by four or five persons, between five and six o'clock in the evening; and, in turning about to get away from them, I found the prisoner's hand in my right hand breeches pocket; I put my hand down, and caught hold of his wrist; I said to him, young man, your hand has no business in my pocket, and upon clapping my left hand to my right hand breeches pocket, I missed my money; and when I missed the money, I charged him with the theft, I seized his hand, but he immediately snatched his hand away, and gave me a blow in the face with the other; one of the party immediately took me by the throat, and shook me several times, and then the prisoner gave me another blow in the face again; directly he caught hold of one corner of my handkerchief, and one of his companions behind took hold of the other, and drew it across my throat; I cried out, murder, and that I was robbed; when I cried out murder, the person who before had hold of me, took me by the handkerchief, and shook me several times again, I cried out, murder, and the prisoner made use of these words, b-st your eyes, you b-r, if you were out, we would murder you; upon my crying out murder first, some persons came round, and desired us to come out of the crowd, and if he had robbed me, to settle it, and I got out of the crowd with him, and took him to Bow-street.
Q. What did you lose? - A. Two half-crowns and two shillings; when he was taken into custody, he said he had no more than one shilling, and upon searching his pocket we found two shillings and three halfpence, but the money I had lost was not found upon him; and if it had I could not have sworn to it.
Cross-examined by Mr. Knowlys. Q. I caution you first, that that young man has as good a character as you can have. - You saw that lad in the entrance to the Play-house; was that the first time that you saw him? - A. No; I saw him in Fleet-street, a little above Shoe-lane.
Q. Upon your oath, did not you force yourself, and endeavour to obtrude yourself, into his company? - A. I did not; in crossing Fleet-street, one of them came up, and said, where are you going; I said, what is it to you.
Q. There are two other persons here, who were present? - A. I know there are, I have seen them; and I can swear to one of them.
Q. Were you sober enough to observe all that passed? - A. I had been drinking.
Q. Were you not very drunk? - A. I don't know the meaning of the word very drunk.
Q. Don't you? - A. No.
Q. That you will swear? - A. Yes.
Q. And you will swear it twenty times? - A. Yes; because when a person understands what he is about, he cannot be very drunk.
Q. I ask you whether you were very drunk? - A. No.
Q. Not so drunk as to insult many people in the course of your going along? - A. I was not.
Q. I will give you one instance of it; did not you run away with several play-bills from the poor women, throwing up a halfpenny, and then getting hold of the bill, and running away without paying them? - A. No; one girl, against Fetter-lane, came up to me, and I gave her a halfpenny; and another, and I gave her a halfpenny; and another play bill was offered me and I gave nothing.
Q. You did not do that in more instances than one? - A. No; it was through Temple-bar that the last bill was offered.
Q. Near the Theatre, did not you? - A. No; the girl said, a bill of the play; and I took hold of it, and I walked away. - But if I did, that is no reason that I should be robbed and ill-treated afterwards.
Q. Where was it that this matter happened? - A. In the passage leading to the Theatre.
Q. Was it when you had got considerably forward in the passage? - A. Yes.
Q. Were there not, at that time, a very great, and a very close crowd? - A. There were.
Q. Was there not such a crowd, that several people were forced to hold up their hats, and could not get down their hands, on account of the pressure of the crowd? - A. There were.
Q. Did you say a word at Bow-street about your being hustled? - A. I did mention the person's hand being in my pocket.
Q. You tell us now, that going into the Playhouse you were hustled by about four or five people; I ask you whether, in your examination at Bow-street, you said a word about being hustled? - A. I think I did; I ought to have done it whether I did or not.
Q. When you went immediately before the Magistrates at Bow-street, did you say a word about being hustled? - A. I believe I did not.
Q. They committed him then, not for a highway robbery, as you have charged it, but merely for stealing from you so much money? - A. I have not charged it as a highway robbery, but the clerk of the indictments.
Q. What difference does that make, do you know; I have heard of such a thing as a reward of forty pounds? - A. I have not the least doubt of that.
Q. And had not you, upon your oath, heard of a reward? - A. I have heard of such a reward, but not so perfectly as to think of getting it.
Q. You lost two half-crowns and two shillings? - A. Yes.
Q. Was that all the money you set out with in the morning? - A. No; I let out with three halfcrowns, and three shillings, in my pocket.
Q. What time did you set out in the morning? - A. I set out, at first, at nine o'clock.
Q. You had been skaiting? - A. No, I had not, although I had the skaits in my pocket.
Q. I will put you in mind of a remark some persons made as you were going in: do you recollect that your skaits in your pocket incommoded some people, and they complained of it? - A. Yes, I do.
Q. Did not they ask you what had you to do with skaits, you are not steady enough to skait? - A. No, they did not.
Q. Nobody told you you had no business with skaits, you were too drunk to skait? - A. I heard no such thing; people there might hear more than I did.
Q. Did not the people there tell you you were too drunk to have any thing to do with skaits? - A. I will be upon my oath that I did not hear any such thing; there was a person there said my skaits hurt them.
Q. Did not any body tell you you were too drunk to skait? - A. I can swear that I did not; hear any such thing, I might be listening to other things.
Q. Now, I ask you another thing; upon your
Q. When this young man was searched, what was found upon him? - A. There was one shilling he pulled out, that he said his master gave him to go to the play; but upon searching him, they found two shillings and sixpence upon him besides, and some halfpence.
Q. There was no half-crown at all found upon him? - A. No.
Q. He is not half so stout as you? - A. No; but there were four or five in company.
Q. You had hold of his wrist? - A. Yes.
Q. And you really were not at all drunk at that time? - A. I had been drinking; but I cannot answer that question unless you will be so good as explain the word.
Q. How many public-houses had you been in? - A. Only one.
Q. How long had you been there? - A. Four hours.
Q. In company? - A. Yes.
Q. Were any of your companions there? - A. No companions, but using the house; the landlord, in the morning, asked me to partake of some beef, which is customary the day after Christmas-day; after that was done, they said we must have some drink.
Q. What time might that be? - A. Between eleven and twelve.
Q. Till what time? - A. Till about twenty minutes past four.
Court. Q. You say you had been drinking till twenty minutes past four? - A. I cannot say so much; I know what I paid; I gave the landlord half-a-crown, and he took for four pints of beer, and two three pences, towards the liquor that had been drank; then I paid him, after that, I think it was nine-pence halfpenny.
Q. What did you drink as your own share? - A. I drank in my turn, I cannot say how much.
Q. How many were there? - Q. Different people came in at different times, that used the house.
Q. You sat it the whole time? - A. Yes.
Q. And were your sober? - A. Yes; I was so sober as to know what I was about; and I went along without molesting any body.
Q. Which play house was it? - A. Covent-Garden, against the passage from Bow-street.
Q. Under cover, was not it? - A. Yes.
Q. Do you mean to say that this lad's hand was actually in your pocket? - A. Yes, it was.
Q. You were sober enough to know that? - A. Yes, I was, perfectly.
EVAN WILLIAMS sworn. - I am a taylor; I was at the Play-house on the 26th of December, and heard a person holloaing out, murder! and he said, he was robbed of two half-crown pieces, and two shillings; and he told me, he had caught the prisoner's hand in his pocket, and he had a right to think he had took his money.
Q. He said so at the time, did he? - A. Yes; he said he was very much ill-used by the prisoner and his acquaintance; he said they had beat him about very much; upon that I went up, and took his part, and took him to Bow-street, and he was searched at Bow-street; he said, at first, he had no more than a shilling about him, and there were two shillings and sixpence more found upon him, and some halfpence.
Q. Did you see the prisoner strike him? - A. Yes, I will take my oath of it; and he said, d-n his bloody eyes, knock his head off; and I said, they should not strike him; there was another of them struck me; I saw him at the outside of the door, just now, before I came in.
Cross-examined by Mr. Knowlys. Q. The prisoner denied the charge, and said, he was using him very ill in charging him so? - A. No; he did not.
Q. Do you mean to say the prisoner did not tell him it was a lie? - A. No.
Q. Do you mean to say he did not deny the charge? - A. He did no such thing.
Q. Do you mean to say he did not say it was false? - A. Yes, he did say so at first.
Mr. Knowlys. Then how dared you tell me he did not deny the charge.
Q. Did you know Palmer before? - A. No; I heard Palmer call out, murder! I went up to him, and saw him lay hold of the prisoner's collar, and Williams was along with me, and Williams took his part; I saw the prisoner push him about, but I did not see any thing more, because I was not near enough.
Q. Did you see any body strike him? - A. I cannot say that I saw him strike him; and I went along with him to Bow-street.
Cross-examined by Mr. Knowlys. Q. You and Williams were close together? - A. Yes.
Q. And you saw nobody strike him? - A. I will not say that I saw him strike him; he pushed him, or struck him, I cannot tell which.
Q. Have you been with the prosecutor since this took place? - A. Yes; he has called at our house.
Q. Upon your oath, how often have you and the prosecutor, and Williams, been together? - A. He has been at our house about twice, I believe, it might be three or four times, I cannot say.
Q. Have not you been with him for these two
Q. Williams and he were perfect strangers before this time? - A. I believe they were.
Q. And so Williams and he have been sleeping together two or three nights? - A. Yes.
Prisoner's defence. When he charged me with the theft, my hands were up so, waving my hat before my face, on account of the beat.
For the Prisoner.
Q. The lad, I believe, was at the time this matter happened, and apprentice of your's? - A. Yes; and is still.
Q. You knew him before he came to you? - A. Yes; I served my time with his father, I have known him ever since he was two years old.
Q. How long had he served of his time, when this took place? - A. About three years and an half.
Q. During that time, what is your opinion of him as to honesty? - A. I have trusted him to take all my bills, and I never found a farthing missing.
Q. He is a very industrious lad? - A. Yes.
Q. Did you know of his going to the play this evening? - A. Yes; I gave him leave, his brother was with him.
Q. Do you know a person of the name of Drake? - A. Yes, an apprentice to Mr. Simpson, in Gravel-lane.
Q. Had you furnished him with any money? - A. Yes; I gave him 3s. and a sixpence.
Q. Do you know whether he went towards the play? - A. I gave him leave to go to the play, and my wife and I went with them part of the way, they set off first, we overtook them before we got to Blackfriars.
Q. Did you see any thing more of them after that? - A. Yes; I saw them together when we got over the bridge, and then we left them behind.
Q. Should you have the least distrust in employing him again if he is acquitted? - A. Not the least.
Q. Do you know the lad at the bar? - A. I know him by sight. I never was in company with him before that night; Richard Thompson 's boy, and another, came down to our house for a Christ mas-box, with the prisoner and his brother, and they said they were going to the play.
Q. Did you see Palmer in the course of going to the play? - A. Yes.
Q. Did you get first into Palmer's company, or he into your's? - A. He into our's, near Shoe-lane
Q. Was he sober, or drunk? - A. He seemed to be in liquor, and rolled about, and affronted several people going along.
Q. That you are sure of, upon your oath? - A. Yes, I am.
Q. When he got into your company, was it agreeable? - A. He asked me, if it was agreeable to go into our company, and I said, if it was agreeable to the rest, it was agreeable to me; I had seen George Barnwell acted before, and was telling the rest about it, and he over-heard us, and then he joined us.
Q. You are sure you did not begin the conversation with him? - A. No; there were four of us in company, so that we did not want comapny.
Q. Do you recollect, as you were going to the play-house, any thing about play-hills? - A. Yes; he pulled a halfpenny out of his right-hand pocket, and held it up in his hand, and asked for a play-bill, and then snatched it from the girl and ran away, he served five or six others the same; the last one that he served so was a little girl, and she ran after him and caught him, and he shuffled away from her again.
Q. How near the play-house was this? - A. Close to the play-house, going into Bow-street.
Q. You are sure it was beyond Temple-bar? - A. Yes; then we went in at the play-house door, out of Bow-street, and there was a terrible crowd, and he took hold of my hand, and said, let us keep all together, for I love good company as I love my life; I had a bottle of ale in my pocket, and Richard Thompson's boy had another, and I told him, he should be welcome to have a part of that; we were going into the one shilling gallery, and just as the door was opening, Palmer said, his pocket was picked of half a-crown; a gentleman asked, who was it, and he said, it was that young man, the prisoner, and he said, he could swear to the money; a gentleman that was standing by, said, young fellow, it is a hard thing to swear to money, you might swear to the person that has robbed you, and then he said, he lost half-a crown and 2s.
Q. Did he at all, at that time, pretend that he had caught that young lad's hand in his pocket? - A. No, he did not; he took hold of him, and collared him, and told him he should go along with him; he did not lay a word about his having his hand in his pocket; the prisoner said, as you have deprived me of my night's giverssion, I will go along with you, and see myself righted, and then they took hold of one another's collars; then Palmer ooted the prisoner, but he would not loose Palmer, me would go with him to see himself righted; then the mob shoved us I on further, till we had go to a place on the right-hand side, where the soldiers.
Q. Is your master here? - A. No; he would have been here, but he is a constable, and is obliged to attend the sessions at Horsemonger-lane, in the Borough; when we were in the crowd, Palmer had a pair of skaits in his pocket, and the people cried out that they hurt them, and stuck into their sides.
Q. Was any particular expression made use of by any of the mob, about his skaits? - A. Yes; they d-n him, and swore about it.
Q. Did they say any thing further about it? - A. Not that I heard.
Q. Do you know whether the prisoner, as you were going in, was before, or behind, or at the side of you? - A. He was behind.
Q. Did you at all turn round to see what situation he was in? - A. Yes; he was holding his hat up, and I did the same, because they should not be squeezed or rumpled.
Court. Q. When you were at the play-house, and the prisoner was charged with robbing this young man, did he strike him? - A. No; but Palmer struck the prisoner's brother, and made his nose bleed; every body then spoke on the prisoner's side, and not a soul spoke for this young fellow.
Court. (To Palmer.) Q. Do you know the young man? - A. I can hardly say; he seems differently dressed now.
Drake. I was dressed exactly as I am now; I have not other cloaths to put on; they are what I work in.
Court. (To Palmer.) Q. You joined company with four of them in Fleet-street? - A. Yes; I heard them speaking about George Barnwell ; and one of them came up and asked me if I would go with them; I said, as it was holiday-time, and it was a pretty thing, I would.
Q. You joined this company? - A. Yes.
Q. How came you not to tell us that before? - A. I did not know there was any occasion for it.
Drake. We are not pickpockets, we work too hard for our labour for that; I have served four years and a half of my time.
Court. (To Palmer.) Q. Do you know this young man? (the prisoner's brother.) - A. Yes; he was one of the party; he struck me and shook me; and said to his brother, knock the b-r's head off; I did not know it was his brother then; he had a velveteen jacket on.
Court. (To Holmes.) Q. Had you a velveteen jacket on? - A. Yes, I had.
JOSEPH SNUGGS sworn. - Examined by Knowlys I keep the petticoat-warehouse in Henrietta street, Covent-Garden; I was bail for the prisoner; my brother is his master; I have known the lad from his infancy.
Q. During all his life, what character has he sustained? - A. To my knowledge he is a very honest lad; he has been in my house several weeks; this circumstance happened on the Monday, and the reason that he was not bailed till Thursday was, that the Magistrate who committed him was not upon the bench again till the Thursday, and therefore he could not be bailed before; the are both very hones lads; they are twins.
Q. You have found him a good lad, worthy of the efteern of those about him? - A. I certainly have, or I should not have stepped forward to be his bail.
Q. Your brother is the master of Drake, the witness? - A. Yes.
Q. What character does he deserve? - A. A very good one.
Court. There can be no occasion to call any more witnesses to charater.
Mr. Knowlys. We have a great many more.
Not GUILTY .
Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT.
(It appeared in evidence that the pot was seen upon the person of the prisoner, by the son of the prosecutor, who pursued her, and she was taken with the pot, which the constable produced; it was deposed to by the prosecutor, who, upon his cross-examination, said, that the prisoner had near relatives of very great respectability.)
The prisoner left her defence to her Counsel.
GUILTY . (Aged 37.)
Confined one month in Newgate , and fined 1s.
Tried by the London Jury, before Mr. RECORDER.
JAMES CLARK was indicted for feloniously stealing on the 15th of December , half a pound of raw sugar, value 3d. the property of William Wakes , George Jacobs , William Brewer , John Likely , John Booth , Robert Littler , and James Twating .
(The case was opened by Mr. Jackson.)(It appeared in evidence, that the prisoner had taken the sugar out of a hogshead upon the Quays, was detected in the act, and secured immediately.)
The prisoner called his serjeant, who gave him a good character.
GUILTY , (Aged 19.)
Confined one week in Newgate , fined 1s. and delivered to his serjeant.
Tried by the London Jury, before Mr. COMMON SERJEANT.
NOT GUILTY .
Tried by the London Jury, before Mr. COMMON SERJEANT.
NOT GUILTY .
Tried by the London Jury, before Mr. COMMON SERJEANT.
NOT GUILTY .
Tried by the London Jury, before Mr. COMMON SERJEANT.
The SESSIONS being ended the COURT proceeded to GIVE JUDGMENT as follows:
Received sentence of Death - 10.
Transported for seven years - 14.
Confined two years in the House of Correction, and fined 1s. - 4.
Confined twelve months in the House of Correction, and fined 1s. - 3.
Confined six months in the House of Correction, and fined 1s. - 5.
Imprisoned one month, and fined 1s. - 2.