THOMAS WOOD, GEORGE BROWN.
8th December 1784
Reference Numbert17841208-2
VerdictNot Guilty

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4. THOMAS WOOD and GEORGE BROWN were indicted for feloniously aslaulting Sir Thomas Davenport , Knt. on the King's highway, on the 11th of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one watch, with the outside case and inside case made of gold, value 10 l. one steel watch chain, value 3 d. two stone seals set in gold, value 50 s. and two guineas, value 2 l 2 s. and one shilling in monies numbered , the property of the said Sir Thomas.

The witnesses (except Sir Thomas) ordered to go out of Court by the desire of Mr. Garrow, Prisoner's Council.

The Indictment was opened by Mr. Shepherd, and the Case by Mr. Silvester, as follows.

May it please your Lordship and Gentlemen of the Jury, I am likewise of council in this prosecution against the two prisoners at the bar; the charge has been opened to you, it is for a highway robbery on Sir Thomas Davenport ; the prisoner Wood, keeps a house at Kentish Town; the prisoner Brown, is a man I believe of no employment whatever, the account he gave of himself was, that he got a shilling as he could; the circumstances on which this charge against the prisoners is founded are these; on the 11th of October last, about five o'clock, as Sir Thomas was riding from Marlow, where he had been some time, his coach with post horses, and some of his servants being gone before, he followed in his chariot, attended by only one servant on horseback, and as he came along the Edgware road, about five miles from his own house, two men rode past the carriage, and the coachman thought from their appearance, that they meant to rob his master, he particularly looked at them as they passed the carriage, and at that time there was not any thing over their faces, nor any disguise, they were dressed in round hats, one a very good one, the other a common felt hat; they ordered the servant to alight and hold his horse, then they took their two handkerchiefs and tied them tolerably loose, and pulled them up at the bottom of their faces, then they went to the carriage, the short man to the right side, where lady Davenport sat, and the short man called out to the tall one, damn you, if you flinch I will blow your brains out, he seemed to be the commanding officer, he ordered the coachman to stop, the tall one put in his pistol, and asked Sir Thomas for his money, which he gave him, the short one attacked Lady Davenport, and asked her for her money, which she gave: at this time being five o'clock the sun was setting, and shone full in the face of the short man, his face was directly opposite to Lady Davenport and Sir Thomas; after they had taken their money, they asked for their watches, and they perceived that Lady Davenport was in the act of concealing her watch, upon which the short one swore if she concealed any thing, he would get off his horse,

search the carriage, and if he found any thing concealed, by God he would blow her brains out, and he called out to the tall one to come and hold his horse; he stood upon his stirrups as if going to get off his horse; this threat had its desired effect, the tall one then said, your pocket books, aye, says the short one, that is right, your pocket books; while he was threatening Lady Davenport, the handkerchief fell from his face, Sir Thomas, whose attention was more to that man, because he thought his lady was in danger, observed him, and saw his face very plain, the robbery was ten minutes committing, they were in no hurry, they very deliberately rode away, and rode up to the servant who was some distance behind; Sir Thomas then looked through the back of the carriage and observed their size, their height, and their manner of riding; when they came up to the servant, says the tall one to the short one, give the man half a guinea; the tall man then, as the servant of the other, gave him, in the presence of the footman, the watches he had received, and he looked at the purse, says he, what is this, here is not much money in this, and he put it into his pocket, they then took off their handkerchiefs, and very deliberately rode away; Sir Thomas went home, and sent a description of the robbery and of their persons to Bow-street, but no information of any thing was received at the office: on the 10th of November, as Sir Thomas was walking from Westminster to his own house in Bloomsbury, going up St. Martin's Lane he observed these two men; their dress, their size, and one of the horses manner of going, every thing struck him that these were the two men that had committed the robbery, upon which he followed them, and got before them, and the instant he saw their faces, he had no doubt in his own mind that these were the two men, upon which he followed them till he came to the siable yard in Chaple street; having this clue to go by, the prisoner Brown was apprehended by the officers in Bow street, and as the two men had got the same coloured great coats, he was desired to bring his great coat with him, but that could not be, for he declared he had no great coat, a note was sent by the magistrates to Wood, to desire him to attend, Wood made some excuse and could not attend, upon which Sir Thomas, with the officers, went to Kentish Town, where they supposed this man was; Macmanus, who understands his business very well, says, if I go in, it may create suspicion, let the servant go in; the servant went in, and as soon as ever he went in, he saw the prisoner Wood in the bar; as soon as he saw him, he turned round and went to Macmanus, why says he, the man that robbed my mistress is in the bar now, I am sure of it; well says Macmanus, go in, the man went in; how do you do Mr. Wood, I hope you are very well; Wood hesitated a little, says he, how do you do Mr. Coachman, will you have something to drink, he wanted to go and make some punch, no, says the man, you must not go away, a signal was given, and Macmanus came in, says he you must go to Bow street, says the coachman, take your hat with you, says he to the maid, give me such a hat, mentioning a particular hat; says the coachman, that is not the hat you stopped my master in, says he, I have but this one, then says the coachman, put your great coat on? says he, I have no great coat, I chuse to go without one; so without the great coat he came, and was taken to Bow street; Sir Thomas was examined, and he, in his own mind, had no doubt but these were the two men that robbed him, that Wood was the man that robbed Lady Davenport, and that Brown was the person that stood on his side the carriage and robbed him, one of the horses was seen to ride up St. Martin's Lane, and shewn to Sir Thomas and the servants; Sir Thomas said as much as a man can swear to a horse, that is the horse, the coachman who had a better opportunity, immediately identified the horse, and said, that was the horse the man rode on the day his master was robbed; upon application to Mr. Wood, says he, this is my horse, it is a blood horse, he has won a plate, I have had it some time, therefore the question is, whether the man who rode that horse on that day, was Wood or not, because that horse is identified to be the horse on which the robbery was committed; another circumstance that will appear, is this, a few minutes before the robbery was committed on Sir Thomas Davenport , these two men were seen on that road; you will therefore be to judge, whether or no these are, or are not the men that committed the robbery, you will judge by the situation of the place; for it is not above forty minutes ride from the place where Sir Thomas was robbed, to the house of Wood, it is exactly seven miles, therefore it is possible he might have gone from his house at four, and returned at six; therefore the only question for him to account for will be between the hours of four and six; you will confin e your attention to that part of the defence, from the hour of four to six, and if he does not account for that time, you will conceive they are the persons: Gentlemen, it is a little remarkable, they should not chuse to produce the great coats: however as for Sir Thomas, he only wishes the whole circumstance of the case should be laid before you in evidence, in order that you may judge of the guilt, or innocence of these men; and if it can be made out, that they were not the men that actually committed the robbery, I am sure he will rejoice with me and with you; but if they are the men, it is a justice he owes his country, to bring them in before you: Gentlemen, these are the circumstances I have shortly opened to you, if upon the whole of the testimony they satisfy your minds these are the men that committed the robbery, you will find no difficulty in pronouncing the prisoners guilty.

Court. Where is Brown's house? - Somewhere in Chapel-street, it is an equal distance from each house.

Sir THOMAS DAVENPORT sworn.

I was coming from Marlow at Cranford, I staid while the horses baited, I had a coach and four horses, and my own charriot, the coach went on before, when we came to Uxbridge road, we turned to Acton, I looked at my watch at Acton , and it was near five, we were just observing we should be at home in very good time, we had gone as near as I can guess, about a mile or a very little more or less, which might have taken up about a quarter of an hour, we were going at the rate of six miles an hour, or something thereabouts; the sun was set at this time, it was a very light fine afternoon, it was Monday the 11th of October; the passing and meeting and all that, I cannot speak to; I made no observations whatever on that, but the first thing I observed was, as I was going from Acton to Willsdon , going about east-north-east, so that the sun was pretty nearly on my left hand, the prisoner Brown was the first person I saw, with a long horse pistol, he presented it to the coachman, and bid him stop, which he did immediately, the lesser man which they call Wood, came to the window where my wife sat, the window was up and they ordered me to let it down, and Brown passed between the side window and the front window of the chariot, I saw him in that light he had a handkerchief over his face, the upper part of his face to his nose, the hat was a little up, then pretty nearly together they demanded our money, Wood's face had a handkerchief over it, pretty nearly the same, but it laid flatter a good deal than it did upon Brown, it projected more upon Brown; I had my money loose in my pocket, two guineas and two or three shillings which I gave to Brown into his hand, then his face was pretty near mine, I looked at him as attentively as I could, when I gave him the money, then my wife gave the other man Wood her money, in a small mixed purse; then they asked for our watches, I observed my wife was putting hers behind her upon the seat, upon which Wood the lesser man arose up upon the stirrups, then he had his horse's face pretty near to the window, as he arose up, his handkerchief dropped a little, and he pulled it up,

it seemed to me as if he held it at a little distance from his mouth, that he might speak plainer; he kept so fronting me in such a position as to see whether any thing was concealed or not, therefore I suppose he had observed my wife attempting to conceal the watch, he then held the handkerchief at a little distance and said you are going to conceal something, and he called to the other, and said, come here and hold my horse, and then lifted the off leg from me, out of the stirrup, he did not get of, but said to me, I shall search the charriot, and if I find any thing concealed, by God I will blow your brains out; I looked very ernestly at him, and he made a very considerable impression on me, so that I think I cannot be mistaken; I said, he seems a very firm, determined man, for God's sake give him your watch; the other man did not come round as he was bid, it appeared so as if Brown, who was on my side, was under some sort of command from the other, he to me appeared frightened a good deal, on my saying so, the other was very deliberate as I think he could be in any act, I gave my watch to Brown just before I gave it he said damn you, you have more money and felt my right hand pocket, my wife gave her watch also, hers was a gold watch that had a chased outside case, but then had a shagreen or seal skin, a steel chain, two seals and some other little ornaments I did not know, her seal was a family seal and one seal smaller; my watch was a gold watch, made by Mudge and Dutton, it had a gold cap upon it, a gold inside and outside case it was very heavy, I think I paid thirty three guineas for it, a plain steel chain and two seals, all this while the light of the sun was very strong in both their faces, so that I suppose the whole time, as near as I can guess in such a situation, could not be less then six or seven minutes, during which time I had made such observations that I was convinced in my own mind I should know the persons of both of them, any where: after a little pause, the taller man with a low softish voice says your pocket book, I told them I had no pocket book, the lesser man on my wife's side said aye, right, your pocket book, with a sharper voice and a rougher one; my wife said she had not one, after being so frightened and alarmed by their threats about the watch, she said I have none upon my honour Sir, and was making excuses, the lesser man said do not be frightened Lady, you shall not be hurt, there was some little deliberation, I sat in my seat very quietly, and my eyes almost intirely fixed on Wood, after he had made these threats, thinking if he put in his pistol or any thing of that sort, that I would give what assistance I could in warding it, or snatching it, the men went behind and I immediately looked thro' the back glasses, and there I saw, about the distance of twenty or thirty yards, my footman dismounted, standing and holding his horse, the two men were not then come up to him, as to the horse I only saw it was a bay or between a bay and a brown, and white on his face; the other appeared to me much darker, whether it was dark brown or black I could not tell, it stood in such a situation to me, there was a hedge directly behind him so that there was a shade, the other was in an open spot, but as to his marks I could not see at all; the two men before they got up to my footman met in the middle of the road and there seemed to me some stop, I could not tell what they did there, my footman must have seen it and possibly can describe it; then they went up, and seemed to say something, and went on with their head towards Acton, I should think if it was five mile to Paddington, it must be the outside, it seemed to be a good trotting horse, and he he could go in less than forty minutes to London, across the new Road; where I was, I was six miles from home and we were about an hour going home, and there were two hills that would delay five or ten minutes, if I had been going a level road, I was going at the rate of six miles an hour, I sent to town that night, but there was nobody at the office, and the next morning my servant gave intelligence and the watches were put into the hue and cry, but I heard nothing of them or the men until Wednesday the 10th of November, on a mizzling sort of a day, it was dirty, I was coming from Westminster towards the upper end of St. Martin's Lane, I saw these two men very distinctly and the moment I saw them I had the same impression I had at the time of the robbery, the lesser man had then on a brown coat, his hair round not powdered, a handkerchief tied round his neck which appeared to me to be of the same sort as the one about his face, the coat he had on was a darkish drab colour, and an old hat of the sort and kind he had on at the robbery.

Court. How were they dressed at the time of the robbery? - They had both great coats on of the drab kind, one dirtier than the other, two large horseman's coats buttoned, so that I never saw their under dress, nor did I know till I came to Bow Street, what dress they had on, but your lordship will hear what dress they had on when their coats were seen unbuttoned; having made these observations and being perfectly convinced in my own mind and having no doubt about them, I took the pains to follow them through several streets; at that time my recollection seemed perfectly fresh about them, I followed them till they turned down what appeared to me to be a stable yard, it was wrote over Green Street, coming from Theobald's Road, and in a small passage leading into Chapel Street nearly opposite the Chapel, I saw them alight and put up their horses, I did not know either of their situations in life, but I thought my duty to the public required me as soon as possible to give information at the public office, there I met with three people, I desired they would make enquiry into the relative situations in life of these men; it struck me so forcibly at the time I had observed their height, one was about five foot six or seven, and the other five foot nine or nine and a half, that seemed to be exactly at the time the proportion of the relative height that they bore to one another, the taller man stooped a little on his horse, more of a lounging, and the other was erect; the next morning Carpmeal came to me and we went to Bow Street about three, and I looked at Brown, and I thought then as I do now that he is one of the men; a message was sent to Wood to Kentish Town to come to Bow Street, and the purport of his answer was that his wife was in Town and he could not come, however he was fetched to Bow Street, and the next day I saw him, and then and now, and at the former time, I did and do believe him to be the man: it struck me exactly with the same impression it does now and did at first, he was afterwards fully committed, and from the conviction I had, I thought it my duty to the public, that they should clear themselves.

Mr. Silvester. How many miles is it from Kentish Town to the place where you was robbed? - I should guess six or seven miles, I think I could ride it in three quarters of an hour, I very often ride seven or eight miles an hour.

Mr. Garrow. Sir Thomas I believe I understand you correctly, that the whole transaction was about seven or eight minutes in performing? - Yes.

And you have described that the faces of the men were covered up to the nose? - Yes.

They had also round hats, which did not tend to give information of their features? - Flapped hats.

You lost watches of peculiar good makers, and seals with arms, and they were immediately inserted in the hue and cry? - Yes.

From the time the robbery was committed to this hour, you have never recovered any part of your property? - No Sir, nor heard of it.

At the time you saw these two persons in St. Martin's Lane, was you attended by any of your servants? - No Sir, I was quite alone.

You would naturally mention the circumstance of having seen it? - Yes.

So that previous to the examination in Bow Street, your servants were apprized that you had seen persons that you suspected? - They had.

You had probably expressed yourself strongly? - Yes.

And your servants had probably heard you? - Probably they had, but I would not have prosecuted if I had not the fullest conviction in my own mind, that they were the two men; and I wished my servants to see them, because if they had not been as sure as myself I should have thought it too much to have prosecuted them; I understood Brown was to remain, whether voluntarily or in custody I do not know, for this Mr. Wood to come and clear him.

Did Brown refer to Wood of Kentish Town? - Yes.

Did you see the note that was sent to Wood? - I did not.

ABRAHAM RILEY sworn.

Prisoner Wood. I beg Sir Thomas might withdraw while his servant is examined.

Riley. My master was stopped by two men, who passed us and did not say a word, they rode to the footman and made him get off his horse, they pulled their handkerchiefs over their faces, one on one side and the other on the other, they ordered me to stop, I did not pull up directly, they began to be enraged with me and swore and called me an impudent fellow for not stopping, they said if I did not stop they would blow my brains out and I stopped, immediately one came on each side, Wood came on my Lady's side and they demanded the watches and money, my Lady gave him her purse and he demanded her watch and pocket book, she told him she had none, and he threatened very much, and I saw the watch and purse in Wood's hand, then they demanded the pocket books, my Lady said they had neither of them pocket books, then he threatened to get off his horse and told the other to hold his horse, while he got off, and if he found any thing in the coach he would blow their brains out; as soon as she began to scream he pushed too the door, and told her not to be frightned she should not be hurt, so they rode off, they told me to drive on, they went to the footman and made him get down.

Did you make observation either on the persons or horses of the two men? - Not so much when they first came up as after I leaned on that side that the person robbed my Lady on, I took more notice of Wood, than the other.

How was he dressed? - He had a kind of drabbish great coat on, and round hat and his hair hanging down about his ears, and his handkerchief tied round his face, I did see him as I turned my head, it hung down before; information was given at Bow Street, I observed the horse, it was a mare about fifteen hands and a half high, or thereabouts, I have seen her since at Bow Street, she looks to be the same mare.

Court. What colour? - It was a bay mare with a switch tail, a kind of blood mare, two white feet, with a kind of a white slit and star, she seemed to be rather low in flesh.

Is that the mare that the man rode who robbed your mistress? - To the best of my knowledge it is.

Did you take any notice of the other man Brown? - Nothing that I could be so sure of him as the other, I looked behind me, and I took him to be the person, but not so positive to him as to Wood who robbed my Lady; he had the same sort of great coat on as the other, his horse was rather darker, but they sweat so.

Mr. Silvester. Did they look as if they had been rode hard? - Yes, very hard; after this I went with Macmanus, or some of the officers, to Kentish Town, on Thursday the 11th of November, and Macmanus told me to go in first, and see if I saw such a person there as was on the road, and I went to the door, and saw Wood in the bar, I went back and told Macmanus that was the person, so I went up stairs and called for sixpennyworth of rum and water, we drank it, and he was sixpence; when we got into the room, we began talking to one another about the weather, we asked him if he had not a note from Bow-street; he said

he had, he could not come, his house was full of company, and there was no name to the note; Macmanus said there was the sitting Magistrate's name; he said if he had known such a thing as that, he would have come at first, so we had a shillings-worth and came away; nothing passed at that time: he said if he could do any good, he would come directly. I asked him for sixpenny-worth at first, and told him to be quick; I asked him for a room, he said he believed he had not one above or below; he was not resolute at all, he came with us freely.

Did you say any thing to him, or he to you? - Not the least word in the world, he began to say that Brown was a very honest young man, and all that, speaking in behalf of Brown; we did not mention to him any thing that we were about: he was dressed in a brown coat.

Did you make any observations to him about his dress? - We asked him if he had never a great coat, he said he had lent his great coat out that day.

Mr. Garrow. Now, coachman, first, as to Mr. Brown being in custody; he was just as much in custody as I am, or any of the Jury are. - If Macmanus was the constable, he must be in custody.

Was this the note that was sent by Mr. Gilbert? (Shews him a note.) - I never saw the note.

When was the first message sent to Wood? - It was about six or seven, I cannot rightly tell which, an old man went with it.

When did you and Macmanus go to him? - The very same night, about half after nine.

So that at any rate he had had four or five hours notice that you intended to visit him? - Yes, I suppose he had.

Had you your coachman's great coat on? - I had this great coat on.

So the first man you saw was Mr. Wood? - Yes, he was in the bar; they told us to go for Mr. Wood, the landlord: Sir Thomas came home, and said he saw the two men that had robbed them; that is, he told my fellow servant, and my fellow servant told me.

You know it would have been uncivil to have differed from Sir Thomas in his opinion; it would have been rude, therefore, of course, you concurred in it: do you remember being at the Brown Bear in Bow-street? - Yes.

Who sat in the box? - I cannot recollect.

Do you recollect seeing Brown in the room at the Brown Bear ? - Yes, they brought him in to me as one of the persons that robbed my master; they asked me if I knew him, and I said, really, I could not recollect him, but I did not know but I had seen him.

Upon your oath, did not you say in the Brown Bear , that Brown was not one of the men that robbed your master? - I said, I believe he is not, or not to my recollection, I only saw him going into the public house with the constable; they said, do you think that that is the person that is going into the house now; upon my word, says I, I do not see his face, I cannot recollect whether he is or is not, but I do not recollect seeing that person.

I ask you, Sir, and I desire you to be cautious, upon your oath, did you not say that he was not one of the men; that is a plain question, capable of a very plain answer: why you did say it; why do you mince it, Sir; why do not you speak out? These mens lives are at stake; was the house full of company? - I did not see one person.

Did not see! do not you know it? - He told me he had not got a fire in any room for us to sit down.

Did you go into the club room? - No.

Did you go into the assembly room? - I cannot tell which that is; there might be a thousand people besides us, I only saw an old man.

Was not you in the room with him at the Brown Bear ? - Yes.

Did you say then he was the man? - I did not punctually say it, I said to the best

of my recollection I had seen him before, but not to know him.

Describe the manner in which the handkerchiefs were tied over the faces? - They were brought under the head, and covered one of the eyes, and so came down to the mouth; they had only one eye that they could see out of.

Mr. Garrow. The Gentlemen of the Jury will observe, that one of the eyes was compleatly covered.

Court. Do you mean now to swear positively, that Wood was one of the men that stopped the chariot? - To the best of my recollection he is, but I did not see so much of the other; I do not swear to him.

DANIEL NASH sworn.

Examined by Mr. Shepperd.

Do you remember Sir Thomas Davenport 's being robbed? - Yes; when I first saw them, they were coming to meet the chariot, they did not take any notice when they first passed it: they came up to me and stopped me first, they made me get off my horse, then they put handkerchiefs over their faces, and rode back to the chariot; they stopped the chariot.

How far from the chariot was you whilst they were robbing it? - About five or six yards; they went up and stopped the coachman, and demanded my lady's watch and money directly.

After they had robbed your master and mistress, which way did they go? - They came back to me, and desired me to get on the horse again.

Had you not an opportunity to make any observation as to their persons? - Yes, I took as much notice of them as I could the short time they were with me, they made me get off my horse, and after I was off my horse, they wore large handkerchiefs tied round their necks, and they unbuttoned their waistoats, and put them across their faces under their hats.

Had you an opportunity of seeing the whole of their faces? - Yes, Sir, and after they pulled them off again.

Should you know the men again if you were to see them? - I should know one of them, the other I cannot say I should know his face, because the great coat came up so high and the hat so low.

Which of these two men is it that you think you should know? - The tallest.

Do you mean to swear positively? - Yes, to the best judgment that I can form, that is the man; I saw my lady give her purse and money: they had both got great coats, Brown had a coat much like this, the other was not so good a one as this; I saw the horses, Brown's horse was either a very dark brown, or black; the other horse can be produced, which is in the stable; it is a bay horse, there is a large star in the forehead, and white slip on his nose; I have seen that horse since at Bow-street.

Was the horse you saw at Bow-street the same horse the robbery was committed on? - Yes, I can swear that is the horse the little man rode that robbed my lady.

What dress were they in when they came into Bow-street? - Brown had a brown coat on, a kind of a drab coat.

Court. That cannot be of much consequence; did you take notice of their clothes besides their great coats? - I had not a proper sight of the coat, but what I saw of the great coat, was the same coat they appeared in at Bow-street.

Mr. Garrow. You say Wood's coat was muffled up about him so high, and the hat so low, and the handkerchief over his face; was Brown's hat in the same way? - When they committed the robbery, there was nothing visible in the face of either of them, but one eye, and that was the right eye, that was uncovered as nigh as I can guess, I am sure it was the right eye.

Have you ever since seen either of the great coats the prisoners had on? - No.

You made no other observation on the horse, but that it had a star on the forehead and a slit on the nose? - Yes, I saw it was a kind of a blood horse, the tail just docked; it was a mare.

How long might this robbery be in committing?

- Their time with me and my lady, I suppose, might be ten minutes at least.

You observed all these marks particularly? - Yes.

Sir Thomas saw these two men afterwards? - He came down and asked me if I could swear to the men if I saw them; I said I believed I could swear to the tall man; he told me he had traced two men to the livery stables, and saw them shut themselves in the stable.

The next day you was told you was to go to Bow-street and see them? - I expected to find Brown there; I did find him there.

Was you examined before Sir Thomas? - He was taken in first.

After that, I take it for granted, you swore to him too? - I saw him before Sir Thomas saw him.

You have said to the best of your judgment he is the man? - Yes.

Do you mean to say, that if you had met him, you should have known him to be the man? - I knew him at the Office.

But then you knew he was the man that had commited the robbery? - I was sure of it.

Court. If you had met this man any where but at the Office? - Let me have met him where I would I should have known him to be the man, I took so much notice of him.

PATRICK MACMANUS sworn.

Examined by Mr. Silvester.

I went with Sir Thomas's coachman to Wood's house, I went first after Brown; Mr. Carpmeal, Jealous, Clarke, and I, went to Brown's mother's house, in Chapel-street, on the 11th of November, we saw Mr. Brown standing in Chapel-yard, says Clarke, was you riding out yesterday? yes, says he, I was; who was with you? Mr. Wood, of Kentish Town; he said they went over Westminster-bridge, and came home that way, as near as I can recollect; he asked him where the horse was that Wood rode yesterday; he said he was gone to grass; says I to him, we want you for a highway robbery; says he, I never did such a thing in my life; says I, you must go down to Bow-street; says he, let me go into my house; says I, by all means: Clarke and Jealous went to look for Sir Thomas, I sat five or six minutes with Brown, I told him, you must come away, I cannot stay any longer; I took him to Bow-street, and put him into a back parlour, and went over the way and told Mr. Bond; I saw Brown no more till after six: late at night I went to Kentish Town, with two servants of Sir Thomas Davenport 's, and another man; I sent the coachman to see whether he knew any body in the house, he went in two or three steps, and turned round and said to me, here is the man; as soon as Mrs. Wood saw us, she had been at Bow-street that day and knew the business; says Mrs. Wood, you come for my husband; yes, says I.

Court. You mean to say, that she knew you was coming to take up her husband? - I apprehended so, because she was at Bow-street when Brown was fully committed, and she was at home when I got there; so I suppose she told her husband: Wood, said, Gentlemen, do not make any noise or disturbance here, there is a club in my house, and I went up stairs, and I suppose we might stop best part of half an hour, during that time the bell rung once or twice, and Wood wanted to go out, no, says I, you cannot, for Brown is fully committed, and I am accountable for you; so he did not ask to go out any more till we came to Bow-street: I asked him to get his great coat, and he said it was not at home: then we brought him to Bow-street; I know of nothing passing at the Brown Bear .

Do you know this horse? - I know the horse that I saw at Bow street, it is Wood's horse, he told me so himself; says I, we must bring your mare to town, says he, do not bring her to night, you will find it in the stable in the morning; he told me it

was a poor thing, and he took a vast deal of pains to get it round.

Mr. Garrow. What time was the first examination of Brown? - Some time between twelve and one.

What became of Brown till the evening when he was re-examined? - I do not know, I heard he went home with his friend, and staid till the evening.

Whether when he came back again in the evening, he was in any custody, or came voluntary? - I believe he was not in custody in the evening when he came back, but I do not know.

Whose writing is that? - I do not know, but I believe it is Allen the clerk's writing.

Do you know whether there was any such message as that sent to Wood, before you went to Kentish Town? - Yes, I am sure there was, I do not know the hour, there was fault found with somebody at the office that that message was not sent, and a note was produced to shew it had been sent.

So that not only by Mr. Wood, but also by the note, he knew that Brown had been committed for this offence? - I do not know, Mrs. Wood was there.

Brown immediately told you all, and went immediately to Bow street, and came voluntarily again in the evening? - Yes.

On the evening of the robbery, or the next day, description was given of the particulars of the persons and the horses? - Yes.

It was inserted in the hue and cry papers? - I do not know, I believe it was entered in a book as usual.

Has any part of this remarkable property been recovered since? - No.

And it was at the distance of a month before these persons were apprehended? - Yes.

Mr. Wood told you there was his horse, and there it should be the next day? - Yes.

Was there a club that night at Wood's house? - I believe there was a club, for I heard the people singing up stairs myself.

You say when he wanted to go out, and there was ringing, to attend his business, you do not mean it as a design to escape? - No.

Did you see any great coats? - I never found any great coats, they were both asked for great coats, and they said they were not at home.

CHARLES WATKINS sworn.

Examined by Mr. Silvester.

I am a shoe-maker, was you on the road on the 10th of October? - Yes, on the Harrow road, between three and four miles from town, I met two men on horseback about five o'clock.

Should you know them again? - They had their faces covered, so that I could not swear to them, they had handkerchiefs over their faces.

Court. Did you take notice of the horses? - Yes, one was a bay horse, and the other was a blackish horse.

Had either of them any marks? - I do not recollect any marks, I did not take particular notice of them, I saw them ride by me on the road pretty swift, I saw one of the horses since at the stable at Bow street, it appeared to be the same horse.

Who shewed you the horse? - One of Sir Sampson's men, he came with us by Sir Sampson's orders, and me and Sir Thomas's coachman came together.

Mr. Garrow. Who are you? - A shoemaker.

So I have heard, where do you live? - In White's Alley, Chancery Lane, I have lived there a twelve month, I am an apprentice to Mr. Mountjoy.

How came you to be on the Harrow road? - I went along with my father, I cannot say for the day of the month, I know it was on Monday, I think it was the 13th, my father was very much in liquor that day.

You had been walking with your father? - Yes.

Which way were the men riding? - Towards Harrow.

Is your father here to day? - No, he did not see them, I went to the Crown at Wilsdon green and I left him, it was as I was coming back alone.

When did you first tell this notable story of yours? - I told it that day.

Who to? - I told it to my master.

How came you here as a witness to day? - Sir Thomas sent for me.

How did he know of it? - By Mr. Francis, a gentleman, whose chaise I was behind, it was a single horse chaise, he was in, I was behind it.

Are you sure it was the 13th on your oath? - I cannot punctually say it was the 13th, I will not swear it was not the 14th, it was of a Monday in October.

Mr. Silvester. Did they stop any body at all that day? - They stopped Mr. Francis.

Mr. Silvester to Riley. You went with that young lad to the stables I understand, near Bow street? - Yes, I shewed him Wood's horse.

Court to Watkins. What were their faces covered with? - A handkerchief.

THOMAS FRANCIS sworn.

I was returning on the 11th of October, on the Edgware road, on Monday I met two men that were dressed in drab coats and round hats, I believe they were great coats, I am not sure.

Did you make any observations as to the persons of these men? - The size of the men I think I know.

Look at these two men? - They are very near the size as near as possible, as to the face I did not see, I have seen the little bay horse or mare, I do not know which, I saw him in a stable near Bow-street.

Who shewed you the horse? - One of the people belonging to the office.

Did you make any observation of the horse, so as to know the horse again? - Yes.

Now the persons you met on that road, was one of them on that horse? - Yes.

Court. Do you mean to say that positively? - No, my Lord, I am not sure, as near as I can guess.

At what time in the afternoon was it or morning? - About five minutes past five as near as possible, between the three and four mile stones, on the Edgware and Harrow road.

Was any thing over their faces? - Yes, a silk handkerchief.

Mr. Garrow. My Lord, I have a great number of witnesses to prove as clear and complete an alibi for the prisoners, and for Wood who was in his own house at Kentish town, as ever was proved in a Court of Justice; they are people of characters beyond all suspicion; then I have a croud of witnesses to the character of the prisoners; I have witnesses to prove the purposes these people were out on, a very lawful purpose, on the 11th of November.

Court. That cannot be necessary to be sure a month after.

Mr. Garrow. Then I will begin with the 11th of October.

PRISONER WOOD's DEFENCE.

My Lord, and Gentlemen of the Jury, I have heard the evidence against me with astonishment, I suppose Sir Thomas Davenport has too good a heart to attempt to take away the life of an innocent man; therefore I have no doubt but he believes me to be one of the men who robbed his Lady: but I trust your Lordship's candour and goodness will not admit any kind of prejudice to bear away your opinions in this business, until you have fully heard the witnesses I shall call to prove where I was on the evening of the 11th of October, and also to speak to my character; God knows it is the first time I ever was deprived of my liberty, and though brought before you in irons as a felon, the integrity of my heart still administers comfort: on my second examination in Bow-street, many people attended who had been robbed on the 12th of October, near Twickenham, by two men; a short man and a tall one, disguised with silk handkerchiefs, they viewed me but all agreed I was not the person; strange would it have been if they had, for that was the day I waited on my friends, which I had at my house; I mention this circumstance, because it is possible those that robbed Sir Thomas on the 11th, are the same who robbed on the 12th near Twickenham, for they declare them to be

disguised with silk handkerchiefs, as Sir Thomas Davenport had done before.

PRISONER BROWN's DEFENCE.

(Read.)

I am so unfortunate as to stand before this tribunal, charged with a crime of which I most solemnly declare I am not guilty; however respectable the charcter of my prosecutors may be, however great their veracity, they are unquestionably mistaken as to my being one one of the persons who robbed them. - Similitude of persons may have deceived the prosecutors, unhappily in regard to me; such instances I am afraid have too often occured. - My parents in my infancy instructed and educated me in habits of honesty, industry, and integrity; and I have religiously observed their good instructions, without deviating from those paths. - My situation, and the circumstances in life of my parents being far from necessitous, under whose immediate inspection I have been hitherto brought up, I never was induced by any unlawful means to defraud or deceive any man, however easy it might have been effected, and how remote soever the detection of such crimes might be; much less could I, in the face of the sun be guilty of such an atrocious crime as I am now charged with. - I challenge all mankind who know me, to charge me with the commission of any dishonest act, and I again solemnly declare, I am not one of the persons who committed the crime, I am now arraigned for; and I trust that by the aid of that Divine Providence, who guards and protects the innocent, I shall prove to the satisfaction of the Court and Jury, by witnesses of credit and veracity, that on the day, and at the time the prosecutors charge the robbery to have been committed, I was in my mother's house; and that by testimony of a great number of respectable witnesses, my innocence will be so fully and effectually proved, that I shall be by this Honourable Court and Jury, acquitted of the crime laid to my charge, and dismissed from the bar as an injured innocent young man.

ARTHUR FREKE sworn.

I am an apothecary at Kentish Town, I attended the prisoner Wood on the 6th of October, with a complaint in his bowels, his head was at that time wrapped up; on enquiry, I found he had received a blow on the Sunday before by a brick thrown at him; I attended him to the ninth on Saturday morning, his face was then in some degree of extravasation, on account of the small wound, and in some degree swelled, on the ninth I directed him not to go out for some days.

What is the character of Mr. Wood, I know him only as being landlord of that house at Kentish Town, since Lady day last; I never heard any thing ill of the man, I believe his general character has been that of an honest man, he keeps the Assembly house at Kentish Town.

MARY WILSON sworn.

I remember being at the house of Mr. Wood at Kentish Town on the 11th of October in the morning; I had been there some months as companion to Mrs. Wood, and to assist in some measure in the business; he was at home on the 11th of October, in the fore part of the day he was bottling wine in the cellar till dinner time; on the 12th there was an entertainment at his house, I saw him at dinner time; my husband, Mr. Wilson, came rather before four, and staid till after six, I saw Mr. Wood the whole time, I was called down stairs to speak to my husband, and Mr. Wood was standing in the bar when my husband came in, and he was never out of my sight during that time.

The remainder of this Trial in our next Part which will be Published in a few Days.

Old Bailey Proceedings front matter.
8th December 1784
Reference Numbert17841208-2

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THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART III.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Thomas Wood and George Brown .

Court. What day of the week? - It was of a Monday.

Court. Can you be positively sure, from the time your husband came in, Wood was never out of your sight? - He was never out of my presence from five, till after my husband went away, not for five minutes; my husband had a pint of beer, and Mr. Wood asked me to make him some Hollands and water, as he was cold with bottling the wine, and had not been well for some days before.

Do you remember seeing Mrs. Sanders there? - Yes, she came in as near as I can recollect, about a quarter past five, I cannot speak to a minute, she came in to pay Mr. Wood for some rum she had had.

Was there any thing remarkable in the conversation between them? - She asked Mr. Wood how he did, she is the wife of the apothecary in that neighbourhood; he told her he was obliged to her, he was better than he had been, she said she came to pay him a trifle, she gave him half a guinea to change, and she was rather angry with Mr. Wood, for not employing Mr. Sanders as his apothecary in preference to Mr. Freke; he said he was not fond of doctors, she said, if you are not fond of doctors, they need not be fond of your beer: Mr. Sanders was there all the time at the door waiting for his wife, this was about a quarter after five, and she was there about a quarter of an hour, Mrs. Wood was gone to town to order things for the feast the next day, at that time there was no maid servant, she went away on old Michaelmas day, which was the day before, it was the last feast that Mr. Wood ever had till last week.

What became of Wood after that? - He and I sat in the bar till such time as Mrs. Wood came back, he was not ten minutes out of my presence, from that time till I went to bed.

Mr. Silvester. You are a married woman? - Yes, my husband is servant to Mr. Kendall the banker; the family consisted of Mr. Wood, his wife, and two children by the first husband.

Did you set down this conversation? - I recollected every circumstance in my own mind.

What makes you recollect so positively? - Having a feast the next day, a particular friend of Mrs. Sanders's dined there the next day, I can recollect it, Sir, exceeding

well, in those cases, people have a right to endeavour to recollect every thing; it was the day after old Michaelmas day, he had been ill, and had not been from home some days before nor after.

Was there a receipt given for this rum? - There was no occasion, it was not booked, it was chalked.

If he was at home so many days before it, and so many days after, how come you to recollect just that particular day? - I particularly recollect Mrs. Wood being without a servant, I am positive of it being the 10th of October, the feast was on the 12th, a feast at Mr. Wood's of his tradesmen.

Who told you it was on the 11th, that the robbery was charged to be committed? - I did not want to be told, I know he was at home the 11th of October, Mr. Wood had a note from Bow Street, to appear, and there was the 11th of October dated in that note, but if not whether or no, he was at home that day, the 11th of October was dated in that note, I do not recollect from that note I know when the 11th of October was.

From whom did you hear first of all that the robbery was committed on the 11th of October? - Mrs. Wood came home and said a robbery had been committed, and he and Brown would be accused.

(A note handed up.)

Mr. Justice Willes. It is a mistake in the note, for it is dated the 11th of October, instead of November? - The 11th of October was dated in that note, I saw the note, I know it was the day after Michaelmas-Day, that the servant was gone.

Where was Mr. Wood on the 18th of October? - It is the feast makes me recollect it was the 11th of October, and being without a maid servant, this is the day after the servant left him.

What had Mr. Wood to do on the 11th? - He bottled wine in the morning, and he was not well, he had received a blow.

This wine was bottling for the feast; - I cannot say what it was for.

Had he any body to assist him in the bottling this wine? - The waiter, he was to leave him as soon as the feast was over, he was not well, he was in the bar all the time, except a few minutes, Mr. Sanders waited at the door and said to his wife, come we shall be too late, he was going to drink tea at Mrs. Evans's in the Town.

What makes you so particular as to the time? - I cannot be particular to a minute, my husband said he must be going home, he is a servant, I said stay and have a cup of tea, Mr. Sanders waited at the door a few minutes.

Is not this mare a little mare with a switch tail? - I do not know any thing about the tail, it was lame; I went to the stable door with my husband when he went away.

What clothes does Mr. Wood generally wear? - Black and brown and light-coloured.

I suppose he had a great coat on that day? - I never saw him in a great coat in my life, he had no gr eat coat, I never saw a great coat of his in the house.

You do not believe he had a great coat? - I have heard gentlemen ask him, and I have heard him say he was sorry he could not lend them one; he had not one to lend; I was up two pair of stairs when Macmanus came, when I came down I saw two gentlemen in the room, I went down to the bar; the Monday after I was in town, and came home by the stage, when I came home he was gone to the Bull and Gate, in the town.

GEORGE WILSON sworn.

I am groom to Mr. Kendall, the banker, my wife has for some time past been at the house of Mr. Wood, at Kentish Town; I remember going there on the 11th of October, about four o'clock.

Who did you see there, and what passed? - I saw Mrs. Sanders there about ten minutes after five.

Was Mr. Wood at home himself? - Yes, he was in the bar.

Do you remember drinking any thing there? - Yes.

What had you? - A pint of beer, Mr. Wood had some Hollands and water, my wife made it for him.

Was she called down for the purpose of making it for him? - I do not recollect: I left there about a quarter past six, Mr. Wood was not out of my presence five minutes during the time, from four till a quarter past six.

What day of the week was it? - Monday, I am sure of it.

By what reason are you induced to be sure of it? - It was the day after Old Michaelmas day, Mrs. Wood was writing the cards for the feast, which was to be on the 12th, and I saw the 12th on the cards.

Do you remember Mrs. Sanders being there? - Yes, I did not pay any attention to any thing that passed, she staid about a quarter of an hour, and Mrs. Sanders came in about eight minutes after his wife.

Did they go away together? - I do not recollect that.

Do you recollect Mrs. Sanders paying any money to Mr. Wood? - She did pay some money for a bill for some beer.

Cross examined by Mr. Silvester.

Your wife has lived some time at Mr. Wood's? - Yes.

Then you frequently went to see her? - Yes, two or three times in a week.

When did you first hear of this robbery? - I do not recollect.

What makes you so particularly positive to the day you are now speaking of? - It was the day after Old Michaelmas Day, and Mrs. Wood was writing the cards, which was in the middle of the week before, it was on a Friday that I saw her writing the cards.

Did you see Mrs. Wood that day, the 11th of October? - No, she was gone to town to buy fish.

Was not there a good deal of conversation between Mrs. Sanders and Mr. Wood? - I believe there was; I believe she found fault with him, I did not pay any attention to it.

It seems very odd, when you heard Mrs. Sanders find fault with Mr. Wood, that you did not attend to what passed? - I remember Mr. Sanders coming in about eight minutes after.

Did not Mrs. Sanders tell Mr. Wood, he ought to employ her husband as an apothecary? - I do not recollect that.

Do you recollect his being in your company all the time you was there? - He was once in the kitchen.

Were there many customers in the house, in different parts of the house? - I believe there was, but I did not see them.

Do you remember Mr. Wood's giving a bill to Mrs. Sanders? - No.

JANE SANDERS sworn.

I am wife to Mr. Sanders, apothecary, Kentish Town.

Do you remember being at the house of Mr. Wood, on the 11th of October? - Yes, Sir, perfectly well.

What day of the week? - Monday.

What time of the day? - At a quarter past five, I was going a visiting, to spend the evening with Mrs. Evans, in Chapel-row, Mr. Sanders was with me, I owed Mr. Wood a small trifle, about a couple of shillings, I went to pay him, he gave me no receipt, I did not think it required a receipt.

Do you recollect any conversation that passed between you and Mr. Wood? - Yes, perfectly well, Mr. Wood has not been long at the Assembly-house; when he come round to Mr. Sanders for his business, Mr. Sanders told him, certainly he should continue at the house; Mr. Wood had some accident and was ill, I heard of it, and I thought it unkind of him not to employ Mr. Sanders, I thought I would tell him of it myself; I do not come out of any prejudice to Mr. Wood, but merely to do justice; as Mr. Sanders thought I staid long, he came to fetch me out, he walked on the road and waited for me, he told me

not to stop, I told him I chose to stop to speak to Mr. Wood, who gave me change for half a guinea; I suppose I was at the side of Mr. Wood's bar for ten minutes or a quarter of an hour. I think I may very well guess the time of the day, by our going to tea; I am sure of the time from Mr. Sanders's books, and, besides, I am as regular as clock-work.

Are you sure from that regularity that that was the day? - Yes, I am perfectly sure, I have other proofs, I wash regularly once in three weeks, and I walked with a friend to London on the 9th, and she went to see a friend, who died in her arms on Saturday, which precedes the Monday; there is a grecer can justify all I said of Mr. Wood being ungrateful to Mr. Sanders: I remember seeing a woman and a man there.

Mr. Silvester. You are as regular as clock-work; perhaps you put down where you drink tea? - I do not.

Court. How does it appear by Mr. Sanders's books? - Why Monday the 11th of October.

You did not set down in the books those expences for the rum and beer? - No, Sir, we did not; Mr. Sanders set some things down on the day we went to drink tea with Mr. Evans; Mr. Sanders attends the family as apothecary. I have reason to know it is the 11th of October, I have given my reason, I am very just in my reasons that I paid for it the 11th of October, because Mr. Wood had a feast the next day, and the grocer I deal with had told me on the Saturday before, when I was in town, of Mr. Wood having employed another apothecary; I am certain to the time, I have no other account of it.

Court. How does it appear by the books? - It appears to me by my being in town on the 9th of October, which was Saturday, and I paid Mr. Wood on the 11th, which was the Monday after.

Mr. Silvester. But how does that appear? - It appears to me in my own breast, as you ask me so many questions.

Then the books have nothing to do with it? - You may cross me as much as you please, I am sure of the time.

How do you know it was that time of the day? - I looked at my clock when I went out.

That is a remarkable thing I suppose? - I do not know that it is, I have reason, my girl told me I was to go soon, I go very early to drink tea with that lady.

The maid told you, you should lose your tea? - No.

How came you to delay at this publick house? - I chose it, and I should not have had an opportunity another time.

Well, but as the maid told you, you are too late, yet you stay a quarter of an hour at the publick house to pay this two shilling bill? - Suppose I did, my husband would not think I was wrong, I do not think you have any right to ask me.

Mr. Wood had been poorly? - He had been ill.

Was not he poorly then? - I cannot tell, I did not ask him; I had no right to deal with him, as he did not employ Mr. Sanders.

Had he a great coat, buttoned up? - I do not know that he had a great coat on.

Was his face wrapped up? - I do not know that he had any thing about his face.

Mr. Garrow. Mrs. Sanders, if I understood you right, that on the Saturday when you was in town, your grocer told you that he was going to a feast, and that Wood had employed another apothecary? - Yes.

Then you remember that you was in town on the 9th; - Yes, Sir.

You do not go out to tea at three in the afternoon, I suppose? - I do not.

No, I thought not.

WALKER SANDERS sworn.

Examined by Mr. Garrow.

I am an apothecary at Kentish Town; I remember going with Mrs. Sanders to Mrs. Evans's on the 11th of October, my wife called at Mr. Wood's, she went in first, and she staid I imagine about a quarter of

an hour, I went in thinking she was rather tedious, and we should be too late where we were going to tea; we went away together, when I went in I saw Mr. Wood and a woman at the bar, a Mrs. Wilson.

Do you remember seeing any other person? - I do not.

Do you recollect with certainty that this was on the 11th of October? - Yes, with great certainty.

State to the Jury, by what circumstance you are certain it was that day? - On the 10th, we dined at home, and on the 11th we had a message to invite us to tea; I had been at Mrs. Evans's the Sunday before, and she was rather indisposed, I wanted her to come and see us, she said, she could not come, but on the Monday she sent up a message, to desire to see us.

Now are you quite certain? - Quite certain, positive.

Do your books assist you? - I am perfectly sure.

What time of the day did you go out? - About a quarter past five.

Mr. Shephard. Your family and Mrs. Evans are very intimate? - Yes.

You frequently visit each other? - Yes, both before the 11th of October, and since.

Why do you recollect particularly, that you visited on the 11th of October? - We visited only once since, that was on the 19th of October.

How long afterwards was it, that you recollected so particularly you had been there on the 11th, you did not think of it every day? - No, Sir, but I have things in my book that reminded me, Mrs. Evans was poorly.

What induced you to recollect particularly being there on the 11th? - I cannot say particularly.

Did you ever positively, recollect that you had been there on the 11th till you heard of the robbery? - Yes, Sir, I did.

What induced you to recollect it so particularly? - By looking in my books.

What appeared in your books to assist your memory? - Mrs. Evans was poorly, and had a bottle of medicine on the 9th; I went to see her on the Sunday, and also on the Monday, and she had no more.

There were no medicines on the 11th? - There were no medicines on the 10th, or 11th, or 12th, but I know it in my own mind, I sent a medicine two days before, on the 9th, which was Saturday, to a young Lady there.

Mr. Garrow. Now this Gentleman asks you when you began to recollect it, I take it for granted you always knew it, and you began to recollect it when Mr. Wood was taken up? - Yes.

ROBERT FORD sworn.

I am a gardener at Kentish town.

Do you remember being employed by Wood at any time about old Michelmas day? - I remember I was employed on Monday the 11th of October, I was at work in Mr. Wood's garden, till it was far advanced in the afternoon, and I had finished my job about sixteen or seventeen minutes after four o'clock, I work by the day, and I charge according to my time; I did not do a whole day's work, I said to myself, a very honest three quarters of a day's work.

You say you was at work, meal times excepted? - I had my meals in Mr. Wood's house, my dinner a little after two o'clock, I saw Mr. Wood at the time I had my dinner, when I left off work I went directly in doors, and I met Mr. Wood in the passage, I told him I had earthed up his asparagus beds, and done up his garden ready for the reception of his trades-people tomorrow; the trades-people were to be there the next day; after I had done, I sat down and had some beer, Mrs. Wilson said, she should want some herbs; says I, do you want them directly, no, says she, any time this evening; I staid in the house till I heard Mr. Wood call Mrs. Wilson to get some tea, I thought it was a very early time, the clock wanted about a minute of five; Mr. Wood called again to Mrs. Wilson to make haste and get tea; as Mr. Wilson was going home, I went out to the garden for a quarter of an hour, when I came in again, there

was Mr. Wood and Mrs. Wilson in the bar, and tea things, but I did not see them drink any tea; I went into the kitchen, I heard somebody come in whose voice I knew very well, a boy came into the kitchen, says I, who is that? he said, Mrs. Saunders is paying my master his score; I did not see her, I knew her voice, and I recollected it when the boy told me; I continued in the house from that time till about half after seven, and then I went to bed; I lodge under the assembly room at Mr. Wood's.

Was Mr. Wood out of his house for any length of time amounting to ten minutes from the time you finished your work? - If ever he was out of the house, it was the little time I went into the garden, to get the herbs, I had the opportunity of seeing him, I did in fact see him every two or three minutes; I heard him calling the boys, Mrs. Wood was gone to London, to bespeak some things for the dinner the next day, so he told me; I asked him why he did not come into the garden, to see me do the work, and he said, he was not well.

Mr. Silvester. He was ill at that time? - He had been ill, and continued to be poorly, I do not know what was the matter with him.

Was he muffled up? - He was, I think he had a great coat on, as he walked through the passage; but I will not be positive on it, whether he had or had not, I cannot tell.

What coloured great coat coat does he generally wear, blue is not it? - I cannot remember any thing about it, he was somehow muffled up, but I cannot say, I cannot recollect whether he drank tea; I heard no particular complaint but that Mr. Wood was ill, he did not come into the garden to me.

You do not recollect the colour of his great coat? - I do not remember any thing particular, I do not know that ever I saw him wear a great coat.

JOSEPH MERETON sworn.

am a day labouring man at Kentishtown.

Do you recollect in the month of October, working for farmer Hedges the 11th of October, or within a hundred yards of Mr. Wood's house; where did you bait? - On the 11th of October, I had some bread and cheese in my pocket, and when I was hungry, I went in for a pint of beer; I went in at nine and at twelve, and Mr. Wood was ordering his tapster to get something for dinner the next day, one article was a bottle of ketchup; I said, I had some very good, I could help him to some, he said, when can I have it, I said, this evening; I went to carry it, and his clock struck five while I was in the tap room; I called for a pint of beer, and staid and drank it in the value of four or five minutes; I saw Mr. Wood, and wished him a good night, and he said, my wife is not at home, she will pay you when you call again, I do not pay for these things; I saw Mr. Wood, and spoke to him.

What day of the week was this? - Monday.

What induces you to remember it was the 11th of October? - Old Michaelmas-day was on the 10th, and we poor Warwickshire folks have a feast.

Mr. Garrow. You Warwickshire wags have a feast? - Yes, we keep a feast at the first public house, we keep that day in preserve.

Court. Had you kept Old Michaelmas day? - It was sabbath day, we only went and had a pint or two of beer together, three or four that came from Warwickshire.

Mr. Silvester. How nigh was the 11th of October, to Old Michaelmas-day? - Why, one was next the other.

You are very sure it was? - Yes.

Did he tell you why he wanted the ketchup? - For the feast.

What feast? - I cannot tell.

RICHARD MEUX Esq; sworn.

I have known Mr. Wood from July 1781, he has dealt with me as his brewer.

What has been his general character as to honesty? - Exceedingly fair and candid, I never was at his house; but our clerks

always made a report of him, as a very honest and industrious man; and he was a man that I have given credit to, to the amount of five or six hundred pounds, I always looked upon him as a man of property.

GREGORY BATEMAN , Esq; sworn.

I live in Kentish town, I have known him ever since he kept the Assembly room, he is a tenant of mine; I have that opinion of him, that had he come to me, I would have lent him twenty or thirty pounds; the Gentlemen of the village meet there every week.

The Rev. Mr. WHITCHURCH sworn.

His character was generally fair, as far as it particularly may have fallen under my observation, I have heard nothing amiss of him.

Mr. PARKER sworn.

I have known him six or seven months, he seemed a very honest industrious man.

Mr. PARS sworn.

I have known him near four years, his character was as good, as ever I knew a man in my life, I serve him with brandy; he is as honest a man as ever I dealt with.

Mr. MURRELL sworn.

I have known him about a twelvemonth, he has an extraordinary character, I appraised him into the house, and saw him pay down three hundred and fifty pounds for the goods.

Mr. BROUGHTON sworn.

I am a fishmonger, I have known him but a very little time.

Do you remember the day before his feast, his wife coming to you? - Yes, on Monday the 11th of October, I dined there on the 12th, and Mr. Wood was at home all the time attending his company on the 12th.

FOR THE PRISONER BROWN.

EDWARD GREEN sworn.

I live in Theobald's-road, No. 40; in the neighbourhood of Brown's house, I have known the prisoner at the bar, ever since he was born; I have used his mother's house forty-one years, the sign of the King's arms, in Chapel-street, I was at that house on the evening of the 11th of October, I never missed one night in the year, I do not suppose I have missed it two nights these twenty years, I recollect in particular being there on the 11th of October, because I never missed a night, I go there about a quarter of an hour after five; I saw the young man at the bar, Brown, on the 11th of October, I saw him as I went through the kitchen, sitting by the fire; I called for a pint of beer, and in about half an hour after he came into the room where I was, and fell asleep.

Did you see the servant of the house there? - Yes, he came in, and sat with his side to the fire; I says to the girl, George will cut but a poor figure in the club, this was a lottery club; I said to the girl, I believe George is done enough on that side, get a bit of butter and baste him.

How long did he continue there? - But a very little while, the maid desired him to go to bed, and went away with him to get him to bed, as I understood; it must be past six, I had been there near an hour; I am sure he was there at that time.

How do you recollect it was the 11th of October? - Because there was a lottery club, I do not belong to it.

Have you any doubt whether it was the 11th of October? - I have no doubt, I cannot miss a night, because I am there every night.

But are you sure, that particularly on that night, the prisoner at the bar was there? - Yes, I am sure he was, I have known him from his infancy, and have dressed him many times, he was always a down-right honest lad.

Mr. Silvester. It is certain you was there? - Yes.

You never miss a night going to the Alehouse? - No Sir never.

What are you? - A stay-maker, at No. 40; Theobald's Row.

How often does this club meet? - Once a fortnight, I do not belong to it.

What was there particular about his being at home that night? - On account of the Club.

Is not he at home every night? - Yes, very seldom misses, be may go out, he came and sat by me after I had been in the house pretty near an hour.

Where he had been before that time you do not know? - No, about seven the maid took him to bed.

Was that his usual time of going to bed? - I cannot tell his time, he went away for the purpose of going to bed at seven or thereabouts, he was in company with me about half an hour.

How was he dressed? - In a brownish coat, a drab colour'd coat, a strait bodied coat, an under coat.

Was he tired? - I do not know.

Court. Had he boots on? - I believe he had.

HETTY OWEN sworn.

I am servant to this young man's mother, I have lived in the family about ten months, there is a lottery club meets at our house once a fortnight, always of a Monday night, I recollect it met on the 11th of October.

Do you remember whether the prisoner at the bar was there? - Yes Sir, he was at home but not at the club, the club met generally about eight.

How happened it that he was not at the club? - He was rather intoxicated in liquor, and did not chuse to go in.

Wh ere was he when the club met? - He was in bed, he went to bed about seven, or a little after.

Do you remember seeing Mr. Green there? - Yes, Brown went into the room to Mr. Green, and sat down some time with him, and he dropped asleep, he was rather near the fire, and Mr. Green said to me, you had better bring a lump of butter and baste George, for he is roasted enough on that side.

What time in the evening might that be? - That was about six, as far as I can recollect.

How long had he been sitting there before that time? - The value of half an hour.

How soon did he go to bed? - About seven, I am sure this was on Monday the 11th of October.

What is it that makes you sure of it? - I recollect his coming in about a quarter after three, we had all dined, and he had a red herring for his dinner, and my mistress told him he need not have a red herring, for she thought he had had liquor enough, without eating herrings to make him drier.

Did he continue in the house from that time? - He never was absent from his mother's premises till the time he went to bed.

Is the young man usually at home in his mother's business? - Yes, he is, he officiates as master; he continued in the business, till he was taken up, ever since I was in the family.

Mr. Shepperd. What day was the meeting of the club? - I cannot say what day of the month.

What day of the month was the meeting before? - There was no club held the night before, and both the nights were held on the 11th of October.

What became of him between the time of his dining and this time? - After he had done, the hostler came in and asked him to drink a pint of beer with him, he came in about five, and the hostler went into the stables, and he directly went into the back room, and staid there with Mr. Green, and never was absent.

Had he been out on horseback that day? - Not to my remembrance, he was not in the afternoon; the hostler might stay three quarters of an hour, and then he went in to Mr. Green, I was about the house about my business.

And you say positively that he never was absent not three minutes the whole afternoon? - He was not, my business is no further than the back room and the kitchen.

WILLIAM WEST sworn.

I am a hostler, I know the prisoner Brown very well, I remember being at his mother's house on a Monday in October; I remember seeing him in his mother's house on the 11th of October, the first time I saw him I recollect I came through the passage in my way to the kitchen, to see what it was o'clock; to water my horses, and I went into the kitchen with a halfpenny-worth of apples, and asked him to eat one, and he knocked the apple out of my hand under the grate; then I called for a pint of beer and asked him to drink, this was about four, or between four and five; I suppose I staid half an hour, or three-quarters of an hour, in his company in the kitchen.

Did he appear to be perfectly sober, as he is in general, or was there any thing particular in his appearance? - As far as I could see of him, he seemed to be rather intoxicated with liquor; I saw him again in the course of the evening, I staid till about five, and then went to water my horses at my usual time, between four and five, and about five, or half after, I came in again, and went to look at the dial, which I generally did, there was a lame gentleman, a stay-maker, his name is Green, as they tell me, that is the man; Brown was then sitting in a sleepy posture when I went to see what it was o'clock, I shut the door immediately; I was there as near as I can guess about a quarter before seven, and saw him in the back part, between the back room and the wash-house, he seemed to say he was going to bed, the maid servant was with him.

Mr. Silvester. Who are you hostler to? - I was hostler to Mr. Farren, a gentleman that rents stables on these premises; the publick house is a house that my master used always; Mr. Farren keeps horses to let out, I have lived with Mr. Farren three quarters of a year, I have used this house every evening, I knew Mr. Green very well by person, and by name as I have heard say.

Did Brown hire horses of your master? - I never knew the prisoner hire a horse of my master, he had not that day to the best of my knowledge.

Had he boots on? - Not as I know, I did not take any notice about it, I came in at four, and again at five, because I mistook the clock; in October I water the horses between four and five.

What made you know the day? - No further than I heard the men in the lottery club talking of it; they met about half after seven or eight.

What was Brown dressed in? - In a kind of a light coloured coat, a close bodied coat.

JOHN BAGGELLEY sworn.

I have known him ever since he was born, he lives at home with his mother; I have used the house for these twenty years, and have had an opportunity of observing his conduct, I have seen him always very attentive to his mother's business, I never heard the least suspicion of his character.

Mr. DUKE sworn.

I am a musical instrument maker in Great Ormond-street, I have known him from his petticoats, he has as good a character as ever I heard of any man in my life.

Mr. LUNN sworn.

I am a coal merchant, I have known this young man, Brown, sixteen years, his general character as to honesty has been good, I never heard an impeachment.

Mr. Garrow. My Lord, a great many more respectable witnesses are ready.

THOMAS WOOD , GEORGE BROWN ,

NOT GUILTY .

Prisoner Wood. My Lord, and Gentlemen of the Jury, I beg leave to return you my most sincere thanks.

Tried by the first Middlesex-Jury before Mr. BARON HOTHAM .

Old Bailey Proceedings front matter.
8th December 1784
Reference Numbert17841208-2

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THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART III.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.


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