Offences: Theft > theft from a specified place; Theft > receiving
Verdicts: Not Guilty; Guilty
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32. John Alexander Mears, alias Cromwit, alias Emerton , was indicted for stealing a Deal Box, value 6 d. 3 Gold Rings, value 20 s. 2 Silver Spoons, value 12 s. a Silver Ladle, value 20 s. 9 Guineas, 11 s. 2 Pair of Silver Buckles, a Napkin, a Silk Hood, 2 Fans, a Pen-knife, a Case-knife, a Pair of Gloves, and a Pairs of Shoes, the Goods and Money of William Holder , in his House , December 16 . And
Margaret Holder . I keep a Publick Cellar in the Strand, facing Somerset-house . I had harboured the Prisoner Emerton about 3 Weeks in my Cellar. He was a poor shabby Fellow, tho' now he has got a good Suit of Cloaths to his Back, but the Money that he stole from me paid for 'em. He used to do odd Chars, run of Errands, and water Horses. I gave him Victuals, and let him sit up by my Fire all Night. My Daughter lay up 3 Pair of Stairs, and she being taken ill, I went up to see her
Court. What had you in the Box?
Holder. Nine Guineas, 11 Shillings, and 12 penny worth of Halfpence; a Silver Punch-Ladle, 2 Silver Spoons, 3 Gold Rings, 2 Pair of Silver Buckles, a Pair of Shoes, 4 Pair of Gloves, a Silk Hood, 3 Knives, one of them was a Pen-knife, and several other Things that I can't remember.
Court. Where did you leave the Box when you went up?
M. H. It stood on a Trunk in my Bed-room, on the same Floor with the Publick Room in the Cellar. The Door of my Room was left open, but the Box was lock'd.
Court. Did you find your Goods again?
M. H. I found the Box, and some of my Goods, at the Bull-Head in Wells's Yard in Tottenham-Court Road, where he had taken a Lodging; but all my Money, 2 of the Gold Rings, and other Things, were quite lost. This honest Man here apprehended him, and he was admitted to Newgate ; and as he was going thither, he sent a Messenger to the other Prisoner Gore, to desire Gore to bring him all the Money he could raise. The Messenger shewed me the Directions, and we got a Warrant and search'd Gore's Room, where we found a Pair of Gloves, and two Knives, that I had lost. Gore was frighted, and said if we would not hurt him he would tell us where the Box was. We promis'd to be favourable if he would confess all he knew; and so he directed us to Emerton's Lodgings. Upon that we discharg'd Gore, only the Justice bound him over to be an Evidence against Emerton. But after this Gore sent my Punch-Ladle to pawn (which he told us before that he knew nothing of) and so he was taken up again. I and my Husband are poer old Folks, we had taken a great deal of Pains to scrape a little Money together; and that Rogue Emerton ( tho' I had given him a good Dinner that Day) robb'd us of all, and left us but 3 pence ha'peny in the World.
Alex Miller , Constable. I was sent for to the Pawnbroker's House, where one Michael Tool was stop'd for offering to pawn the Prosecutor's Punch Ladle. Tool told us he had it from Gore, and went with us to an Alehouse in Drury-Lane, where we found Gore; who after some shuffling own'd that he sent Tool to pawn it.
Gore. Emerton gave the Ladle to my Wife to pawn, but I never touch'd it my self; and if I own'd it I was not in my right Senses.
Tho. Hitchcock. On the 16th of December, about 3 in the Afternoon, as I was sweeping Swan-Yard (which is near the Prosecutor's Cellar) when Emerton came running up with a Box, I ask'd him where he was going in such a Hurry (for I had some Knowledge of him, having seen him before) he made me no Answer, but kept running; when presently the Girl ( Ann Delamore ) came after him, calling out, John! John! don't run away with my Grandmother's Box! I follow'd him, but lost sight of him, and so I came back.
A. D. Almost twelve.
Court. Suppose now you should take an Oath, and swear any thing that is not true, what do you think will become of you?
A. D. After I die I shall never be happy.
Court. Let her be sworn. Now besure you say nothing but the Truth.
A. D. Yes, my Lord. My Grandmother went up and left John Emerton and me, and this Girl ( Mary Hemmings ) in the Cellar. Then he went up into the Street, and came down again presently, and told her that her Mother wanted her; so she went. Then he sent me for a Pint of Beer; I draw'd it, and set it by him, and then I went up; and Molly Hemmings came to me, and said, Let's go down and see what John's a doing. So just as we were going down he came up the Stairs, with my Grandmother's Box, and run by us. I follow'd him, and cry'd, John! John! don't run away with my Grandmother's Box. He said, I am coming again presently.
Court. Where did that Box use to stand?
A. D. In my Grandmother's Bed-Room, and the Door was open.
Court. Do you know what was in the Box?
A. D. Not justly, for I did not look in it often; but I know my Grandmother kept her Ladle there when it was not in use. When I went up I left no Soul below but John.
C. Where did the Box use to stand?
M. H. In the inner Room just by the Door, and near the Chimly Corner; He had it partly under his Coat; but I saw the Lock.
Nathaniel Lake. On the 19th of December, Mrs. Holder, told me, Emerton had robb'd her, I wish you had told me so before, says I, for I had an Opportunity of taking him. However, I met with him in St. Giles's, on the 26th of December, and carry'd him to her House, tho' he run from me by the Old Playhouse, but I catch'd him again. As we were carrying him in a Coach to Newgate, he pray'd me to go to Gore's Lodging, (in Colston's-Court in Drury Lane) and desire Gore to send him some Money. I told Mrs. Holder of this, she got a Warrant, we search'd Gore's Room, and found a pair of Gloves and two Knives there, which she own'd; when Gore saw that, he said, Don't hurt me, and I'll tell you where the Box is; and so he directed us to Emerton's Lodgings where we found it. We asked Gore, if he knew where the silver Spoons and Ladle were? and he said, he knew nothing of them.
Gore. There were Things in the Box of greater values than the Ladle and Spoons, why should you ask after them only ?
Lake. Mrs. Holder did ask for several other Things, but I did not.
Jonathan Jones . I insisted Mr. Lake in taking Emerton, and as we were carrying him in a Coach to Newgate, he writ down Gore's Name with Chalk upon my Hat, and desired me to tell Gore to bring all the Money he had to him directly. We got a Warrant, and found the Gloves and Knives at Gore's, and he told us where the Box was: I remember in particular this broken Ring and this Snuff Box, which Mrs. Holder owns, were found in Emerton's Room.
John Noon . I am Servant to Mr. Stone the Pawnbroker, I had notice given me, stop such a silver Ladle as this, if any Body offer'd to pawn it to me, and on Friday Evening, the 19th of December, this was brought by Michael Tool , of whom I had some Knowledge, the Handle was broke off; says I, you have made strange work with this Ladle? Ay, says he, a sad Accident happened when this was done, for a China Punch bowl was broke at the same time. So I jump'd over the Counter, and seiz'd him, What do you mean 'Saule me? No, says I, but I'll pepper you, if you don't tell me how you came by that. He told me, he had it from Gore, who was at an Alehouse (the Sign of the Theatre) in Drury-Lane ; I went thither, and found Gore a playing at Cards; but he play'd the wrong Card then. Says Tool, that's the Man I had the Ladle from, and Gore after some Shuffling, and pretending that his Wife save it to Tool, at last confess'd that he himself delivered it to Tool.
Richard Humphries , Headborough. Gore let us search his Room readily, and told us where the Box was, at Emerton's Lodging in Wells-Court by St. Giles's Pound; there was a Shirt hanging in Gore's Room, and says he, When Emerton sent you to me for Money, I suppose he meant I should pawn this Shirt.
Gore. They took away a pair of my Shoes, I hope I may have them again?
Mrs. Holder. Yes, there was a pair of Shoes that are none of mine, and they are in the Box there.
Court. Then as they are not yours, and he claims them, let him have them: Officer, give those Shoes to the Prisoner, and if there's any thing else that belongs to him, let him have it.
Gore. I thank your Lordship, I claim nothing else.
Emerton. I had used Mrs. Holder's Cellar 3 Weeks Night and Day, and I happening
Court. And why did you not return according to your Promise, or at least acquaint the Prosecutor with it?
Emerton. My Friend kept me to drink with him longer than I expected, and besides I ow'd her a little Money, about 3 s. which I could not pay her till I had Remittances out of the Country, which I afterwards received indeed; but my Friend hearing of it, he desired me to lend him 15 s. upon the Ladle and the Rings, which I did, and then he told me he had some other odd Trifles in the Box, which I might make Use of if I had occasion, and so I took the Box to my Room; but he not returning me the 15s. at the time he promised, and I wanting Money, I gave the things to Gore's Wife to pawn, and she brought me 6 s.
Court. Who was this Friend of yours?
Emerton. John James ; but I hear he is absconded since, as well as Michael Tool : On the 26th of December I intended to call and pay Mrs. Holder; but happening to be drinking where Mrs. Lake was, he charged me with the Fact, every thing else is as the Witnesses have sworn.
William Nolton . I keep an Alehouse in Milford-lane, I have known the Prisoner Gore above a year; he has followed the Sea, but he's a Painter by Trade; he painted my House and lodged there a quarter of a year last Summer: He has paid above 50 s. for me, and brought me the Receipt very honestly; I have trusted him in my House and never heard but he was a civil honest Man.
Court. And how did you spend your time there every Night?
Rigg. In drinking and playing at Cards.
Court. Did Emerton belong to your Club too?
Rigg. No, but I have seen him there once or twice. The Jury acquitted Gore, and found Emerton guilty of the Indictment. Death .