John Moreton, Thomas Stone.
12th December 1764
Reference Numbert17641212-62

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67, 68. (L.) John Moreton and Thomas Stone were indicted, together with Thomas Lenard , not taken, for stealing 600 lb. weight of indico, value 120 l. and a wooden cask, value 3 s. the property of Messrs. James Barril and Peter Tesier , in their warehouse , November 27 . ++

James Barril . Mr. Peter Tesier and I are partners; we have a warehouse in Bush-lane, to put goods in, and particularly indico.

Q. Do you sell indico in that warehouse?

Barril. We do; that is the place where they always go to see it: we weighed the same indico on the 26th of November: I can only swear that cask was missing out of the warehouse on the 27th, in the morning, and we never gave any orders for the delivering of it: it weighed 600 lb. wt. marked D. D. L. E. the cask was found in the river next morning; our cooper has it now in his possession.

William Bullen . I am cooper to Messrs. Barril and Tesier: Moreton is a cooper ; he worked for me some time, when we had business to do, this twelve months on and off: the prisoners were well acquainted, and used to be drinking together; on the 26th of November, we had been sending four barrels of indico away, that belonged to Mr. Scofield, which he had bought; and it is customary with us to mark those barrels. I saw this barrel that was lost then; we had occasion to mark some coffee; and we lost the marking bottle; then I sent a person for it; the next morning he came and told me the cask was gone; I went and missed it; it was marked D. D. L. E. No. 1. I advertised it, but had no success, till the Saturday: I had employed Mr. Fielding's people: we had had Moreton before Sir John Fielding on the Saturday, and he was discharged: I had had a warrant from my Lord Mayor, and backed by Sir John; I sent two people after him, to Ratcliffe. The next morning he came to the shop, and said he would go up to Sir John himself, not chusing to go with these people: he came back again, and proposed to meet me at the Mansion-house: I went and found him there; then I went with him to Sir John Fielding , and not having proof sufficient, he was discharged. The same Saturday night came two of Mr. Fielding's men, between nine and ten o'clock; they told me they could inform me of the indico, and mentioned Stone, Moreton, and Tom. Lenard; and on the Saturday, in the afternoon, we catched Stone at home, and put him into the Compter; Moreton going there to see him, he was apprehended; I got leave of my Lord Mayor to carry them before Sir John: Moreton had been at Sir John's before, upon the account that Isaac Aaron gave: they were committed: Moreton said before the Justice, he knew nothing of the indico, and that he never sold a pound of indico in his life.

Isaac Aaron . I live in Fenchurch-street; I used to come to a public house, Mr. Barber's, in Thames-street, where the two prisoners used; I have been acquainted with them twelve months:

on the 26th of November, between eight and nine at night, I was in Isaac Alexander's house, in Wool-pack Alley, Houndsditch; Thomas Lenard came in with about forty pounds weight of indico; in about half an hour came Jack Moreton , with a quantity: both parcels weighed 138 pounds: Moreton said he had some indico to sell, and wanted Isaac Alexander to buy it: Alexander said, How did you come by it? Moreton said, he had no need to be afraid; he removed fourscore barrels that day, and took a sample out of each of them: so Isaac Alexander bought it of him. Moreton sold both parcels for three shilling, a pound: it was weighed, and the money paid to Moreton: it came to about eighteen or nineteen pounds sterling. The next morning Thomas Lenard came with another parcel about 11 o'clock; I was there then; and the same day Jack Moreton came with another parcel: Alexander bought and paid for them: at night they brought three handkerchiefs, Lenord, Moreton, and Stone, each of them one; which together weighed three-core pounds, which came to just nine pounds sterling. Alexander's wife asked them how they came by so great a quantity? Moreton said, I took my master's key from off the nail, and got it, and put the key there again, before my master come home.

Q. When was this?

Aaron. This was on the Tuesday night, between eight and nine o'clock: they were all together.

Court. Mention the words he made use of.

Aaron. When she scrupled her husband buying it, he said, D - n you, you Jew b - h, do you think I stole it? I got it honestly; I took my master's key from the nail, and took the whole barrel. Moreton asked Alexander what money he had taken of him, in all? Alexander reckoned up about fifty and odd pounds.

Q. Was you before Justice Fielding?

Aaron. I was, on the Monday; I was examined there; Moreton said, he knew nothing of selling any indico.

John Williams . I am almost seventeen years of age: I live with Mr. Bullen: on the 15th of November, about four o'clock, Moreton asked me if I had any good small beer in the house? I said, it was indifferent: he asked me to go and fetch a pint of beer: I did; he drank some, and gave me the rest.

Q. How long was you gone?

Williams. I was gone about three minutes; I went to the Bell in Bush-lane, and left him in the shop.

Q. Where had the key of the warehouse used to lie.

Williams. It used to hang up in the shop, that is, the cooper's shop, just at the going in at the door.

Q. When had you seen that key?

Williams. I delivered four casks of indico for Mr. Scofield, in the warehouse: then all the indico was safe: I covered the heads over, and left them between one and two o'clock; I locked the door, and hung the key up, as usual, in our shop.

Q. Had you been out after that before Moreton came?

Williams. No, I had not; neither did I see any body in the shop, between that time of my hanging the key there, and his coming.

Q. Did you miss the key?

Williams. No, I did not: I went into the warehouse on the Tuesday morning, which was next day; I believe it was before dinner; but Richard Pew ; our other apprentice, went in first for the marking-pot; he came out, and asked master if he had delivered any indico? after that, I went, and saw this cask was missing.

William Buckley . I am a Brewer's servant, ('Squire Calvert's, in Thames-street): I live about four or five hundred yards from the prosecutor's warehouse.

Q. How long have you known the prisoners?

Buckley. I believe I have known Stone twelve months, by seeing him go backwards and forwards: I have very little acquaintance with Moreton: on the 27th of November, Stone came to me in my house: I was sick in bed.

Q. What time was this?

Buckley. I don't know whether the clock had struck five: he said, can you let us leave three large bags here till day-light? I said, With all my heart: he went away for about four or five minutes; Then Tom Lenard, John Moreton , and Tom Stone , came and threw three bags down, and away they went: they were darkish sort of bags; I then did not know what was in them. About nine o'clock, (this was in the morning) Thomas Lenard came for a bag; he took it away: he came again about eleven, and took away another: then I had but one bag left: they all three came again between seven and eight at night; I was just going to bed; they brought some handkerchiefs, and opened the bag, and I saw some blue stuff in it: they took it all out of the bag, and put it into three handkerchiefs; each took a handkerchief, and went away: as they were going

out. Stone put something in my hand, that I thought had been a shilling, and when I came to sit down by the fire-side, I found it was a guinea. I never saw them from that time, till I saw the two prisoners before Sir John Fielding , last Saturday: I declared the same before Sir John as I have here.

Moreton's Defence.

The evening after the goods were lost, I went home about one o'clock: I heard no mention of the indico, till after I went to the shop, on the Tuesday morning; then the boy told me, his master missed a cask of indico: I said, I know nothing of it. The next morning I came again; then he said, I must know something of it; I said I knew nothing about it, and was ready to go before a Justice: he said, he would look farther into it. I went backwards and forwards till Friday evening: then I went with Mr. Bullen to Westminster, and came home about nine: after that I was acquainted that Sir John Fielding 's people were after me: I said, I should not go to-night, but would in the morning, which I did: Sir John's clerk told me there was a warrant out against me, backed by Sir John, and that he had sent people to take me: I said, there I was: he said he could do nothing in it: then I went to Mr. Bullen's, and desired the boy to go with me to the Mansion-House: I went and enquired what time my Lord Mayor would be there? I was told he would be there about twelve: then I told the boy, if his master wanted me I should be there at that time. From thence I went to Sir John Fielding , and was examined by him: then I went home again. On the Sunday I was told there was a warrant against me and Stone: in the morning I heard Stone was taken up; I went and delivered myself up in the Compter: Mr. Bullen came in there, and said, Now you shall be hang'd; there is one Isaac Aaron taken: he spoke open, and said, if it cost him 500 l. he would hang us both. He ordered a coach to be brought, to go before Sir John; and this he said, as he was coming out of the Compter. With regard to the indico, I know nothing of it. Mr. Bullen offered a reward, and employed a parcel of Blacks; presently they found this Isaac, that would swear the lives of all in court away: I don't so much as know where Buckley lives; I never was acquainted with him.

For Moreton.

Robert Everden . I was going into the Poultry Compter, to see a friend that was in trouble: there was Moreton; Mr. Bullen spoke to him; I don't know what Moreton said to him: Mr. Bullen turned round, and pulled out a handkerchief and wiped his mouth, and said, If it cost me 500 d. I'll hang them both: there was somebody in the Compter made answer, Suppose you hang them right or wrong.

Q. Where do you live?

Everden. I live in Church-lane, Whitechapel, and am a journeyman cooper.

Q. Where was he when he spoke this?

Everden. He was in the Compter, within the gate.

Q. Who did Mr. Bullen speak this to?

Everden. That is best known to himself.

Q. Was he standing still, or walking along?

Everden. He must be standing still.

Q. How came you here to give evidence?

Everden. By a sobpoena: I had spoke of this in a public house, and Moreton heard of it.

He called Mr. Pilgrim, who had known him six years; John Hill, seven; William Hollis , Thomas Willis , Thomas Freeman , six or seven; and James Harrison , James Murray , and William Hastings , two; all of whom gave him a good character.

Stone's Defence.

I am innocent.

He call'd William Smith , who had known him about a year; Elizabeth Clayton and Mr. Gibbs, two or three; John Eason , between five and six; Samuel Stubbs , about two; Arthur Percival , four or five; William Nodes , seven; Thomas Smith , seven or eight; John Wooley , three or four; Samuel Keys , upwards of three; all of whom gave him a good character.

Both Guilty . Death .

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