1st July 1801
Reference Numbert18010701-67

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598. JAMES WALTON was indicted for feloniously stealing in the dwelling-house of Daniel Conley , on the 21st of May , a bank-note, value 40l. and another bank-note, value 10l. the property of the said Daniel.(The case was opened by Mr. Knapp.)

WILLIAM COTTEREL sworn - Examined by Mr. Knapp. I am a rigger, in Maria-place, Wapping: On the 2d of May I received a forty-pound note from Willis and Company, which I paid the same day to Mrs. Conley; I should not know it again.

MARY CONLEY sworn. - Examined by Mr. Knapp. I am the wife of Daniel Conley: On the 2d of May, I received a forty pound note from Mr. Cotterell; I kept it till the 20th, when I delivered it to my husband, and on the 21st it was missing.

LAWRENCE SMITH sworn. - Examined by Mr. Knapp. I am clerk to Willis and Company, bankers: On the 2d of May I paid William Cotterell a bank-note of forty pounds, No. 4347, dated the 23d of April; I have seen the note since, it corresponds in number and date.

WILLIAM RIDING sworn. - Examined by Mr. Knapp. I am a soldier in the Coldstream regiment of Guards, and so is the prisoner: On the 21st of May, coming off guard from the Tower, I saw the prisoner; he said, what is the matter you look so sackless this morning; why, says he, I have had a poor guard, without any money in my pocket; he told me to go to a public-house and order a pot of beer, and he would come to me; he came to me, and then we both went to a public-house in St. Catherine's; he said, landlord, can you give me change for a ten pound Bank-note; he replied he could; then the prisoner pulled out two notes and gave them to me to look at, because he said he could not read them; he said one was a ten and the other a forty pound note; I went to the bar and got change for the ten pound; I think there were about five guineas in cash and the rest in notes; he desired me to take those notes that I had from the landlord and put them in my pocket-book; when we were coming away he said, I wish you would take this forty pound and get change for me; he said I want to buy a new suit of cloaths, and I cannot read, I may take bad notes; I put it into my pocket-book, and the next morning I went to the Blue Anchor, in East Smithfield, and there I met with a sailor, we were drinking together; I said I wished to buy a coat; I said I had got a forty pound note, and I wished to get it changed; the sailor went with me to a cloaths shop upon Tower-hill; I bought a coat for fifteen shillings, and I gave the man the forty pound note to get change; the master of the shop went out to get it changed, and he was so long that I began to be uneasy, as it was not my own note; the sailor then said, I need not be uneasy; for he knew the man, and he was sure he would come back; he said, if I would give him a trifle he would give me change for it; he said, if I would give him a guinea he would do it; I said I had better lose a gui

nea than the whole, and he gave me four ten pound notes; I was in liquor, and I thought I would go to the Tower and lie down; I went to lie down, and in about three quarters of an hour, the sailor and Levy came to me and told me the note was stopped at the Bank, they thought it was too much for a soldier to have; I said I will go with you down to the Bank, and so I went with Levy, and I met the prisoner somewhere about the Tower; I told him what had passed, I hoped he had come honestly by it, I was afraid he would bring me into a hobble; he said, yes, I came honestly by the notes, I found them; I said I should go to the Bank, and he might as well go too, and accordingly he did, but he did not go in, he stopped at the door; I told him I had got the four ten pound notes, and I gave them back to the sailor before we went to the Bank; the sailor did not go to the Bank; I then received the change in a ten, a twenty, and the remainder in twos and ones.

Q. Did you tell them at the Bank where you got it? - A. No; then Walton and I went to a public-house, and I gave Walton the change upon the table; I was taken up on the Wednesday night following, and the next day I gave an account of it to the Magistrate.

Court. Q. You asked him if he had come honestly by it, did you suspect him? - A. Yes, I was afraid.

Q.Did you tell them so at the Bank? - A. No.

Q.Did they not ask you if it was your own note? - A. Yes.

Q.And you told them it was? - A. Yes, I did.

Q. That was not true then? - A. No.

Q.Were you quartered at the same house? - A. No; I have been three times in the house.

Q.Were you there on the 21st? - A.No.

ISRAEL ISRAEL sworn. - Examined by Mr. Knapp. I live with Philip Levy, upon Towerhill: On the 21st of May, Riding came to the shop, with a sailor, to buy a coat, and then he gave me a forty pound note, which I gave to Mr. Levy.

PHILIP LEVY sworn. - On Friday morning Israel gave me a forty pound note; I took it to the Bank to know whether it was a good or a bad note; they told me it was a very good one; I told them how I received it, and they stopped it till Riding came, and then they gave him change, a twenty, a ten, and the rest in small notes.

FRANCIS SALKELLD sworn. - I am a clerk in the Bank, (Produces a forty pound Bank-note, No. 4347, dated 23d April, 1801); it has upon it William Riding.

(To Levy). Q.Did you see him write that? - A. Yes.

Salkeld. He had in change a twenty pound, No. 9010, dated the 11th May, a 10l. No. 7837, dated the 13th May, and ten 1l. notes, which are promiscuous numbers, not following.

Smith. This is the note that I paid to Mr. Cotterell.

Q.You bankers never put down the year when it is the current year? - A.No.

Riding. This is the same note, it has my writing upon it.

ROBERT BROWN sworn. - I am an officer; I apprehended the prisoner in East-lane, Greenwich, on the 27th of May; I took him to a public-house, the sign of the Red Lion, we had something to drink at the bar; I then took him into a back room, and told him I supposed he knew what Conley and I were come about, Conley was with me; he said, no, he did not; I told him we were come about a 40l. note that Conley had lost; I told him I was an officer, and I must see what money he had got about him; he then turned out of his right hand waistcoat pocket four half-guineas, three seven-shilling pieces, eleven shillings and sixpence in silver, and some halfpence; I then searched him, and in a purse I found three 2l. notes and six 1l. notes; I asked him how he came by them; he said he would tell me, but he did not tell me; we got into a boat, and when we had got about half a mile on the River, he said he had it in change of a 20l. note at the Red Lion, the house we had just come from; we went back to the Red Lion, and found that to be true; the mistress of the house said she had got change for him at a baker's; we sent for the baker, who produced it; we landed at the Isle of Dogs, and going along, he said he had received the 20l. and the 1l. from Riding, and I took him into custody.

Q.Before the prisoner said any thing, did you make him any promises, or hold out any threat? - A. I did not; he told me the 20l. and the 1l. was part of the change of the 40l. that had been stopped at the Bank.

ROBERT WALTER sworn. - I am a baker, at Greenwich, (produces a 20l. note); I received it from Mrs. Everis, No. 9010, 11th of May.

Mrs. EVERIS sworn. - I cannot say whether this is the same note or not; but the note that I received from the prisoner I gave to Mr. Walter.

BENJAMIN DAVIES sworn. - This is one of the notes that Mr. Salkeld gave to Riding.

Mr. Salkeld. This is one of the notes.

DANIEL CONLEY sworn. - On the 20th of May I put a 40l. note and a 1l. note which I had received from my wife into a drawer, and on the 21st I missed it; it had no mark upon it: it is the only 40l. note I ever had in my possession; there had been several attempts to break the door with tongs and poker, and so on, and the prisoner told me he was dubious of another soldier, and I turned him away; he said a man must be a fool that did any thing of that sort; if he wanted to get in at a

door, he would get hold of the key, and put it on a piece of putty, or whiting, or tallow, and get a key made to it.

(Mr. William Telkampff produced the examination of the prisoner, signed by himself, and the Magistrate, which was read as follows):

"James Walton - I am a private in the Coldstream Guards, and I have since last Monday been quartered at the Sun public-house, in Drury-lane; I had been previously quartered at Mr. Conley's, the White Swan, near Execution Dock: On Wednesday, the 20th instant, I came home about seven o'clock; I went up to my room to put on some things, and on the stairs met his female servant, called Kitty, who desired me to take two notes, which she gave me, and desired me to say nothing about them; I put them in my pocket, and kept them till the next day; I gave them to Riding to say what they were, as I could not read, who informed me one was 40l. and the other 10l. the 10l. was changed at a public-house, at St. Catherine's, and the 40l. I left with Riding, to get it changed.

The mark X of James Walton.

Signed, Rupert Clarke ."

CATHERINE GRAYGOOSE sworn. - I am niece to Mr. Conley.

Q. On the 20th or 21st of May did you give the Prisoner any notes? - A.No.

Q. Did you ever see any notes given to the prisoner? - A. No.

Q. Is there any other servant there of the name of Kitty? - A. No.

The prisoner put in a written defence, which was read as follows:

"My Lord, and the worthy Gentlemen of the Jury. James Walton, having a wife and two children, one of them near four years old, which I pay 2s. 6d. a week for, and have been a soldier thirteen years and upwards, and never had a stain in my character before this, and I now declare I know nothing of the robbery laid to my charge. The landlord says, he was robbed between twelve o'clock on the 20th of May, and twelve o'clock on the 21st of the same month, I was at an hospital; at five o'clock on the 20th of May, I went to my quarters, stopped there half an hour; I went out, came back at eleven, and went to bed; a great many lodgers go in and come out at all times; the next morning I got my breakfast, and went out at eight o'clock, the mistress was then in bed in the same room they state to be robbed; about a fortnight before this they lost a large kettle, which they laid to my charge, and abused me very much for, and afterwards found it upon another man who worked in the house. My father was in the Lancashire militia 26 years; my four brothers are all in the army; and the one that has been in the shortest time has been seven years.

For the prisoner.

GEORGE HEWLETT sworn. - I am a corporal in the 2d regiment; I come to witness the taking of the prisoner out of the hospital at five o'clock on the 20th of May; I then took him to the orderly-room, but orders being over, I dismissed him; he is a stranger, I never saw him before to the best of my knowledge.

The prisoner also called a corporal of his own company, who had known him from October last, and gave him a good character.

GUILTY , Death , aged 38.

First Middlesex Jury, before Mr. Common Serjeant.

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