Robert Small.
7th December 1763
Reference Numbert17631207-19
VerdictGuilty
SentenceTransportation

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21. (M.) Robert Small was indicted for stealing a silver watch, value 20 s. and one silver seal, value 6 d. the property of Stephen Davis , October 18 . *

Stephen Davis . I work with Mr. Sambrook in Chamber-street, near Goodman's-fields : he keeps a tobacco warehouse. I went to-bed, where I lie, in the warehouse, and left my watch hanging in the usual place where I hang it, and when I got up on the 18th of October I miss'd it.

Q. Does any body besides you lie there?

Davis. No; the prisoner had worked for us some time before, but did not then.

Q. Was your room door lock'd?

Davis. I can't say whether it was or not. About four or five days after the prisoner was taken up for stealing another watch, and then I heard he had confess'd stealing mine; it was found at Mr. Peacock's, a pawnbroker (produced in court, and deposed to); I myself did not hear him confess it.

Daniel Peacock . I live in Catherine-wheel alley, Whitechapel: the prisoner, and the next witness, Mr. Alvares, came to my shop together, on the 18th of October, about 6 or 7 in the evening. Alvares brought the watch; I took it of him. He said he had known the prisoner some time, and was very sure it was the prisoner's watch; upon which I lent him the money, 27 s. upon it. The prisoner said, that his father was dead in the country, and it was his watch, and he had left it him; and that was the last thing he had of his father's, and he hoped to have it again soon. I believe this is the same watch; I have delivered it some time to the prosecutor.

Aaron Alvares . The prisoner was at the White Lion, in White-lion-street, Goodman's-fields: I have seen him there sundry times: this was about 10 minutes before 7 in the evening: he was in company with Mary Taylor , a servant of mine; she was waiting there till I came home, I having the key of the door: I went there to see for her. She said to me, Here is Bob has a watch to sell or pawn: he says it is his last shift he has to make. He told me he was obliged to go into the country, and should be up again in about two months, then he would take it out again. He took it out in public company, and opened it before this Mary Taylor , and desired I would go along with him to pawn it. He said it was his father's watch; he wanted to buy a coat and waistcoat to go down in. I went with him to Mr. Peacock's: Mr. Peacock lent him 27 s. upon it: I believe this is the same watch. I told Mr. Peacock that the young man wanted to pledge it, and that I knew him; that he used a public house where he bore a good character.

Q. Did you tell Mr. Peacock you knew it to be the prisoner's watch?

Alvares. I told him it was his watch.

Peacock. He told me over and over he knew it was his watch.

Q. ( to Alvares). How long have you known the prisoner?

Alvares. I had seen him 6 weeks or 2 months before; he used to work at the tobacco warehouse.

Q. What are you?

Alvares. I am a broker on the Royal Exchange; I trade for thousands.

Q. Was you ever with the prisoner in pawning any other watch?

Alvares. No, I never was.

John Newton . I am the officer that took the prisoner out of bed on the 29th of October in the morning (he lodged with Mr. Tuck, within about 50 yards of where the watch was taken from) on the account of another watch. I asked him whether he had been guilty of any other fact? he said, yes, he had stole a young man's watch that worked at Mr. Sambrook's, and had pawned it at Mr. Peacock's. I asked him what he had done with the money? he said, he had but very little of it; that Mr. Aaron Alvares went with him to pawn it, and coming back Alvares took him into a bawdy-house: that Alvares spent a guinea of it in ale and cakes, and gave him but 4 shillings and a penny, and that Alvares had all the rest of the money.

Alvares. When we came into Goodman's-fields, the prisoner would go into a house there: the first thing he did, he called for a bottle of wine. I said, as you intend to buy some cloaths to your back, you had better save your money. He was surrounded by five or six women, and went up

stairs with one of them. I said, young lad, don't make yourself a fool; you will not have a farthing left to go into the country with. He began to call for wine: the reckoning soon came to 10 s. he put down a guinea on the table; after that I saw he was in liquor. He got out into the street, and pull'd off his cloaths to fight some man in the next room. I went from him to go home: he would not go, nor take the money; so I took it. I went after that to look for him, and met him with a girl in the neighbourhood.

Q. What money did you take?

Alvares. I put a quarter guinea and 4 s. and 6 d. in my pocket. The people wanted him to stay all night. I said, don't make a fool of yourself. He would stay all night. I said, come to me in Abel's Buildings for your money: I met him there, at the corner of the buildings, and delivered him his money.

Q. Are you a sworn broker?

Alvares. I am, on the Royal Exchange - No, I am not; my father was; I acted under him, when he was living.

Prisoner's Defence.

When I went to pawn the watch, Alvares said he knew it to be my own. After coming out, going along White-lion-street, at the sign of the Rose (I never was in the house before in my life), he went in, and call'd for a bottle of wine. All the while we were there he spent my money. He gave me 4 shillings and a penny; that was all I had out of the guinea.

To his Character.

Jane Turney . I have known the prisoner ever since he was a child. When the poor creature came to town, destitute, he having a first cousin who lived servant with Major Collins, he lay at my house on nights, and had his victuals at the major's in the Tower. I never heard any ill of him before: I really believe he was drawn away by this bad company.

Alvares. Here is a servant of mine that was in company, please to examine her; her name is Mary Taylor .

Mary Taylor . I have lived servant with Mr. Alvares about 8 months.

Q. What is he?

M. Taylor. He is a 'change broker. He sent me to a public house, the White Lyon, for a pot of beer, for supper; while that was drawing, I sat down by the prisoner at the bar: the prisoner said to me, he had got a watch in his pocket, and he would pawn or sell it, if I would go and lie with him all night. I told him, I was no such person. He said he would give me the money, whate'er it came to, either by pawning or selling. I happened to stay till Mr. Alvares came for me; I told Mr. Alvares what he said. He told Mr. Alvares he would sell or pawn it to get some cloaths. They went out together, and I went home.

Q Where was Mr. Alvares when you went out for the pot of beer?

M. Taylor. He was at home.

Newton. I verily believe Mr. Alvares is greatly more to blame than the prisoner at the bar.

Guilty . T .

There was another indictment against him, on account of the other watch.


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