The Proceedings of the Old Bailey

 

15.   JOHN HARVEY, therwise SEAGRAVE , was indicted for feloniously stealing, on the 25th of November last, one gold pin with a diamond set therein value 40 l. one linen shirt value 10 s. one pair of leather breeches value 20 s. one pair of leather boots value 15 s. one pair of cotton stockings value 3 s. one woollen cloth dressing gown value 3 s. one pair of silver knee buckles value 3 s. the property of Sir   George Onesiphorus Paul , Baronet , in the dwelling house of   Benjamin Harden .

  JOHN HARDING sworn.

I am butler and valet to Sir   George Onesiphorus Paul.

Court. Does your master live in a house of his own, or does he take lodgings when he comes to town? - He rents a house, and these things were at Mr. Harden's clubhouse, which goes by the name of Boodle's club-house, he dined there on the 25th of November, he lost his pin while he was in the house; it was a diamond pin set in gold, a pin he always wore in his bosom when he was dressed; he had it not in his bosom then; he sent there for his things to dress after dinner; he lives in Charles-street, Berkley-square; I carried to Mr. Harden's the things mentioned in the indictment, except the leather breeches and boots, which he changed; he changed the leather breeches for sattin ones, and the boots for shoes.

Court. I suppose these things, exclusive of the pin, are worth more than forty shillings? - Yes, my Lord, for they were almost new; I carried the things to dress my master a little before night, and they were lost between seven and eight; I asked for a room for Sir George to dress in, and I was shewn into a room up one pair of stairs, I put the things there, and there he dressed all he did dress; there was a fire made on purpose; he only changed the breeches and boots, and the cotton stockings for silk stockings, and put on a clean neckcloth; he was not long dressing himself, and then he went into the room again where he dined: I packed his things up directly after, and put the pin in the coat; I pinned the diamond pin in the coat, and I brought the things all out of that room, and put them into the porter's hall; the boots were dirty, I wrapped them up in paper, and put them inside; I went down the street for some tea, a little lower, which was for my own use; I intended to take the things home myself, I thought I would not take them to the tea warehouse, but call for them as I came back; I was absent about ten minutes, and when I returned, the things were all gone; they were wrapped up in a linen packing-cloth; I immediately enquired after them, and asked the waiter; there is an outward door and a door within that door; all the family of the Harden's lay in the house; when I missed them I immediately informed Sir George. I have seen part of the things since. I first heard of them on the 28th of November; I was at home at Sir George's own house, and there came a man from the Office in Bow-street, and informed us of them; I do not know his name.

  JOHN ATKINS sworn.

I belong to Bow-street; I believe there were hand-bills of these things of Sir   George Paul 's; I first heard of them on the 18th; when I came to the   Brown Bear in Bow-street, I had been home with some prisoners, and I found the prisoner in custody, he was stopped about a pin, we sent to let Sir George know.

Court. How came you to think of Sir George? - Because the pin answered the description of Sir George's; I took him back and searched him, and he had a ruffled shirt on, and it was marked O. P. No. 14, the same that was in the advertisement; I found nothing else upon him.

Court to Harding. Look at that shirt. - This is my master's shirt, I marked it myself, I have another of the same set in my pocket.

Can you recollect whether it was the shirt you carried that day to Boodle's? - Yes, I carried it clean, that mark will not wear out.

Mr. Shepherd, Prisoner's Council. As to this pin you pinned it in that coat. - Yes, I put the pin in the coat again.

This porter's hall, I believe, is at the entrance of the house? - Yes, there is a door which goes with a spring, any body may open it on the outside.

Was there any porter in the hall when you left it? - There was not.

There are a vast number of waiters and servants in this house? - A good many.

You left this bundle behind the door without any body to take care of it? - Yes.

Jury. Do you swear that you marked both these shirts yourself? - Yes.

How do you account for the one shirt and the other being marked differently? - They are not.

Yes they are, there is a dot in the one shirt between the names, and not in the other.

Prisoner's Council. What makes you so sure that was the shirt you carried that day? - That was the only set of shirts I had in town.

JOSEPH CLARKE sworn.

I am a pawnbroker in Wild-street, on the 28th of last November, between two and three shirt-pin was brought to my shop by a woman, came after it to pawn to my wife, was not within, she wanted to pledge it for eight pence, I came in as she was going my, we do not take in any thing but wearing apparel, therefore my wife did not look at it, and I asked the woman what she, she said she wanted eighteen pence on that pin, I told her we did not take in these things, I then took it out of her hand, and threw it along the counter to my wife, telling her if she had a mind to have such a thing, I would give a shilling for it, not imagining it to be of any value, the woman said she could not sell it, for it was not her property, I desired her to send the person who did belong to it, she said she would, she was gone about three minutes and brought in the prisoner, I asked him what he asked for that pin, he said six shillings, I pretended not to know whether it was gold or no, I told him to leave it ten minutes or a quarter of an hour, till I saw whether it was gold, he did so, I then took it to Mr. Heather's in Long-acre, he is a pawnbroker, and he desired me to leave it and bring the person that brought it, when I came back to my shop the prisoner was not come, but he came in a few minutes, and I went with him to Mr. Heather, who asked him how he came by it, and to the best of my remembrance, the man said he took it for a bad debt, for seven shillings and sixpence, a man came from Bow-street, and he was stopped and taken to the   Brown Bear , we went with him.

Prisoner's Council. A woman came with this pin first? - Yes.

The prisoner asked only 6 s. at first? - Yes.

She left it very readily? - Yes, and he went very readily with me to Mr. Heather's.

  JOHN HEATHER sworn.

I am a pawnbroker the corner of Broad-street Long Acre. on the 28th of November about three o'clock in the afternoon Mr. Clarke brought this pin to my house,

to value it, I knowing Clarke and seeing it a valuable pin, I asked him how he came by it, he told me a customer wanted to pawn it him for one guinea, I told him, I should stop the pin, and I bid him go back immediately and stop the party that offered it to him, he did not return quite so soon as I expected, and I went after him to his house, I was rather uneasy for fear the person might not come along with him, when I came to his house, Mr. Clarke and the prisoner were gone to my house, I missed them, they came thro' the court: The prisoner at the bar appearing to me not to own such a valuable pin, I immediately sent down to Bow-street for a constable, and took him into custody.

What did the prisoner say? - The prisoner told me he had it of a man for a bad debt of seven shillings and sixpence, but I did not believe that; I am a judge of things of this nature, I believe it to be worth forty pounds, I would give forty pounds for it; it is a diamond set in gold, that is the pin I received from Mr. Clarke.

Court to Clarke. Is that what you received from the woman and then from the man? - Yes, it is.

What was the meaning that you said to Heather that a customer of yours wanted to borrow a guinea upon it? - I wanted to know how to act, and ascertain some sort of a value on it.

(The pin deposed to.)

Court. Is not that a very fine brilliant Mr. Heather? - Yes, my Lord, a very fine brilliant.

(The pin shewn to the Jury.)

  WILLIAM BERRY sworn.

I am a waiter at Boodel's, I know Sir George's servant Mr. Harding, I remember his leaving some things at the Porter's Lodge on Tuesday the 25th of November, I saw the bundle there in the Porter's Lodge, and I saw the servant coming down stairs, as I was coming up stairs, I saw them there about four or five minutes after Harding went away.

Did you see the prisoner there? - No: there is a little room above the Porter's Lodge for the gentlemen to dress in, the bundle was left behind the door, there is an outside door towards the street which is always open, then there is about that goes into the Porter's room, and is generally it shuts of itself.

Prisoner's Council. How long was it between the time you saw the things were and the time they were lost? - The value minutes.

I think you say you never saw the prisoner about the house? - No.

You do not know him? - I do not.

PRISONER's DEFENCE.

I met the Paterson that I lent seven shillings and sixpence to in March last, at Margate, this day work about one o'clock, and he asked me to drink, I said, I would with all my heart: we walked a little distance, says he, I want to go in here, and he went to a pawnbroker's shop, and asked seven shillings and sixpence on this breast pin; I stood the outside of the door, and the pawnbroker examined the pin, he said, it was not gold, he could buy as good a pin for eighteen-pence, he would lend him a shilling: Paterson said he gave twelve shillings for it at Margate, he then came out and went to another pawnbroker's, he said to me, I have no money but he pulled out this shirt and gave it and the pin to me, and said, get the shirt mended, it was tore in the collar, and pawn the shirt and the pin and bring me a duplicate: I then went to another pawnbroker's, and he said, it was of no service to him, then we went into a public house, and a woman came in, I asked her to drink; he then asked me, to ask the woman to go pawn it, she went, and the pawnbroker offered her a shilling to sell it right out; with that she came back for this Paterson, and he desired me to go in his stead; I went and told   Clarke I would not sell it for six shillings; says   Clarke the

pawnbroker, if you leave it for the space of a quarter of an hour I will get it examined; I said, I would; I left it, and in half an hour afterwards I called for the pin, he then told me, the pin was in Long Acre stopped; I said, I did not care who stopped it; they sent for a constable, I was in the shop for the space of five or ten minutes and no soul there but himself.

Court. What is become of Paterson? - I cannot find him, he told me to bring a duplicate to him to No. 5, Charles Court, Strand.

How long might you be with Paterson, before such time as you sent this woman to pawn the pin? - About half an hour.

How came you to have this shirt on your back? - I was going to see a friend, and this shirt was rather cleaner than my own, I took the shirt off and put that on.

Mr. Heather. You will hear my Lord from Mr. Macmanus how the shirt became torn, it was by the prisoner making a resistance, for I had sent Macmanus to see if he could find any such a man as Paterson.

Court to Harding. Was the shirt tore when you carried it to Boodle's? - No.

  PATRICK MACMANUS sworn.

I took the prisoner at Mr. Heather's, he said, he had it of one Paterson, who lived at No. 7, Charles Court, in the Strand, and that he took it for seven shillings and sixpence, I went to enquire, and there was such a man lived there near four years back; then he was pressed very hard to know where he lodged, he did not like to tell his lodgings, at last he said at Ratcliffe Cross; I took the directions, I went there the same night, and no such man ever lodged at the place, nor they did not know such a man: Harding went with me, I think the shirt was tore in struggling to get away from Mr. Heather, and Clarke, and me, in Broad-court.

Court. Did he endeavour to get away? - Yes.

Prisoner's Council to Harding. Had you examined the shirt before that time? - No, Sir.

Then you do not know it was torn before? - No, I do not.

Court to Atkins. What account did he give of this shirt? - I took the shirt off his back and I saw it answered; I said to him this will affect you, and he said you need not take it over the way.

(Mary Stewart called who went to pawn the pin. She did not appear.)

Court to Clarke. Did the woman that came to pawn this pin tell her name? - She went by the name of   Sarah Warrington .

Court to Prisoner. Have you any witnesses to your character? - No.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice WILLES.