The Proceedings of the Old Bailey

 

1935.   ROBERT SWAN was indicted for a robbery on   William Reynolds, on the 18th of August, at   St. James's, Westminster, putting him in fear, and stealing from his person, and against his will, 1 watch, value 15l.; 1 seal, value 10s.; 1 watch-key, value 6d.; 1 purse, value 1s.; 1 sovereign, 1 half-sovereign, 1 half-crown, 2 shillings, and 1 sixpence; the goods and monies of the said   William Reynolds.

MR. SERGEANT ANDREWS and MR. PHILLIPS conducted the Prosecution.

  WILLIAM REYNOLDS (affirmed.) I am a member of the Society of Friends. On the 18th of August, about nine o'clock at night, I was in the Green Park—I had dined at the Garrick Club-house, in King-street, Covent-garden—I drank after dinner three or four glasses of claret—I had a very severe head-ache—I dined at half-past five or from that to six o'clock—I left the club-house with a friend, at about a quarter to eight o'clock, intending to visit the English Opera-house—I found, on getting there, that the order I anticipated taking my friend in with, was for myself only, and therefore declined going; and I went to my friend's rooms, 51, Lincoln's-inn-fields—his name is John Spedding Frowde—he is a solicitor—I went to his chambers with him—I staid there about three quarters of an hour, more or less—he left his chambers with me, and I went with him to Greek-street, Soho, to some billiard-rooms where he wished to play—I did not go into the billiard-rooms, but he did; and I went down the street leading to Cranbourne-street and Leicester-square and Piccadilly into the Green Park—I was not intoxicated in the slightest degree at any period that evening—I was perfectly sober—when I got into the part, I walked round the top of the basin, on the western side—I turned to my left when I got to the top, and walked straight across the open part of the park, in a diagonal line, till I got to the Duke of Sutherland's—I had got some way, when I turned out of the path for the purpose of making water and while I was in the act of doing so, some one came behind me, and said, "Good night"—I replied, "Good night;" and, looking over my shoulder, saw it was a person in a light dress—he immediately seized me by the skirts of my coat, throwing himself rather upon me, saying, "This is just what I wanted, you are the sort of men that get soldiers bad names"—the horror of my situation I at once felt—I was entirely in his power, that he had the opportunity of bringing any charge against me he chose; and the horror of my situation was such, I cannot exactly bring to my recollection what happened from that time—I was so agitated I cannot remember very well what happened; but to the best if my belief, I struggles, when he said, "You had better be quier," and something about "expose"—he then pulled me on further down towards the bottom of the park, towards the palisades which separate the Green Park from St. James's more towards the palace—he then said, "What will you give me to let you go?"—I replied "I will give you all, or any thing, or every thing (I forget which term I used) that I have"—h demanded my purse—he asked me for my purse, (I forget the very words he used,) and I gave it him instantly—It contained a sovereign, a

half-sovereign, and some silver—I am sure of that; and a seal, and key of a desk—he took the purse, and demanded my watch—I gave it him immediately—I should know that watch again—he then said, "Are you content," or "are you satisfied?" in a loudish voice—Idid not make any reply—he went away, and so did I as fast as I could go—I think he went to the right—he struck down, I think, towards St. James's Park—my sight is not very good I did not take such an observation of bis person as to be able to swear to him—I immediately went out at the gate, by the Duke of Sutherland's, that took me to St. James-streer—I them paused to think what I should do—I afterwards went to the Garrick Club—I was calmer and cooler then than I had been—I felt exceedingly nervous—I took some refreshment—I took some porter, I belive—Idid not take anything thatcould affect my sobriety—after leaving the Garrick, I went home, and went to bed—I was then slceping at my friend, Frowde's chambers, No.43, Lincoln's-nin-fields—Mr. Frowde did not see me when I returned—n the Monday following (this was on Tusday)I mentioned what had occurred to Mr. Richards, a friend of mine, who is a law student of Lincoln's-inn—he was going to get on the coach at the time, at the Elephant and Casstle, to accompany me to my father's house at Carshalton—It is Carshalton House where my father resides—he is a gentleman of property—something had occurred that rendered it necessary I should mention it to Mr. Richards—there was a police-offcer there—he put some questions to me concerning a watch, and in consequence of that I mentioned to my friend what had occurred.

COURT. Q. As you were going to get on the coach, a police-officer put a question regarding a watch, and then you told Mr. Richard's? A. I did.

MR. PHILLIPS. Q. Had you at that time in your company a younger brother? A. I had—I did not permit to hear the disclosure I made to Mr. Richards—I attended at the police-office next morning—the prisoner was there—my watch was produced, and I recognised it at Bow-street office—Mr. Richards attended with me—the charge was then gone into, and the prisoner was committed.

Cross-examined by MR. JONES. Q. Have you always been a member of the Society of Frinds? A. Always—I am a merchant, that is to say, I am at present with my brother-in-law in his counting-house, not actually in partnership with him—I am not in business on my own account—I have been there now, or before I left, eight months—I am twenty-seven years of age, and am single—my support arises partly from a sum placed by my father in my brother's business, and partly from my exertions there—my brother pays me a salary—I am tolerably well acquainted with town—I generally reside at Carshalton—I siept that night at Mr. Frowde's chambers—I had slept there one night before—on the previus night—I had dined with Mr. Frowde alone, at the Garrick—we left the Garrick together—we had an arrangement that we should both go to the English Opera-house—I had a free admission for myself, but none for a friend.

Q. You wished to go to the theatre that we night? A. Exactly so, and so did my friend—It occurred to me that we might both go by paying for one—we did not wish to pay—It was for my friend to choose whether he would pay or not—I waived my privilege—I couuld not offer Mr. Frowde the order, as it was not tracsferable.

Q. When was the arrangement first made for Mr. Frowde to go to the billiard-rooms? A. We left the Garrick to go the English Opera—them went to his chambers—when I left him at the billiard-rooms, I told him I was going to take a walk—I did not tell him where, because I did

not know myself—I made an appointment to meet him in an hour and a half a time—I had not taken that walk before since I have in town—I have walked over the same ground before—I do not think I walked there so late in the evening—I never knew it was a dangerous place to walk in at night by myself—I had a very bad head-ache, and thought the air across the park would he more beneficial than the road—I had had the head-ache, more or less, the whole day—I complained of it in the course of the day to Mr. Frowde, and I believe I told him of it when I told him I was going to take a walk—I mentioned it to him before we proposed to go to the English Opera.

Q. Then you proposed to go to the Opera instead of the park? A. I did; my head-ache became worse afterwards.

Q. when did it become worse? A. when I had walked out after dinner—my friend and I had had some conversation of a nature that was not likey to make it better—It became worse in walking to the theatre, or rather it felt worse when I was walking than when I was sitting quietly—I had pledged myself to go with my friend to the theatre, and did not think my head-ache was to prevent it—It was dark when I went into the park—It does not occur to me that I met any person in the park, but I am not able to say.

Q. Whether you met one person or twenty? A. I am very certain I did not meet twenty—I cannot tell whether I met any person—It was not a matter which occupied my attention—I was suffering from bodily pain, and wished to get rid of it, that was my reason for walking there—I do not remember whether I met any body—I went five or ten paces out of the regular path for the purpose I have stated—I mean steps—there are not railings on each side the path—I was on the grass when I made water.

Q. Do you mean to stats distinctly, you met no person up to that time? A. No, I do not—the person I came in contact with spoke to me before I was touched at all—I was grasped by the tails of my coat—he threw himself ratber forwards upon me, holding the tail of my coat at the same time—I affirm that I did not speak to him first—I said nothing whatever about girls—nothing more passed between us than what I have detailed—I did not any, "This is a fine place for girls"—I mean solemnly to affirm that—I did not make any such remark while I was with him—after I was adderssed, I looked round immediately—he said, "Good night, and I saw a person in a light dress—It was a soldier's dress, from the make of it, was late in the evening—I cannot say it was a light flannel jacket—I was not near encough to see—my impression at the time was, that the person addressing me was a soldier—I did not say to him, "What time have you to be in barracks?" nor any thing of the kind—or, "What time must you be home?"—he did not say to me that he must be home, or in the barracks at ten o'clock.

Q. If it was so dark as you have stated and you were in such confusion as not to recollect what took place, how can you swear it was the dress of a soldier? A. I said I saw a person in a light dress, and a dress fitting in that way generally belongs to a soldier—the second sentence he uttered was, "You are the kingd of parties that give soldiers bad names"—I had finished what I was about at that time—I believe I had restored my dress to its usual place, for I found my dress restored subsequiently, and imagine I did it by instinct almost 6, I may say—I looked at my dress immediatly. Q. Do you mean immediately after you parted from the person? A. Yes,

at least my dress was then right—I did not mention this to my person till I mentioned it to Mr. Richards, after I had seen the officer.

Q. Was any thing said between you and that person as to an appointment at a future night? A. Certainly not; but for the communication with the officer, I should very probably never have mentioned it at all—I cannot sat how far the person and I went togeether, my state of agitation was so great—I had had the watch about six months—I had bought it.

Q. Was any arrangement made for you to meet the person again, and to give a certain sum of money on your watch being restored to you? A. Certainly not—I did not get other watch between the time of my giving it up and the officer coming to me—I was without a watch all that time—my brothers were not at home, except my younger brother, and he did not inquire where it was—Mr. Frowde did not inquire—I was not in the habit of wearing a watch so that it might be seen—at times I did, and at times I did not—I struggled when this happened—I did not call out—I did not meet any one after I left the person, till I got into St. James's Park—It might be fifty or seventy yards to the gate at the corner, then I had to go into St. James's Park—I met one person, I believe, before I got to the sentinel of the palace—I believe it was a man—It was a man—I did not speak to him.

Q. Did it not occur to you, that as you had been so ttacked by a person you believed to be a soldier, uit would be the best thing for you to tell the first soldier you met on duty what had occured? A. It did not occur to me—the person turned to the right, I believe, but I did not pay any great attention—I went away myself as fast as I could.

COURT. Q. How near were you to the railings? A. I should say fifty yards from them, as well as I am able to speak of distance.

MR. JONES. Q. Can you tell me whether, when you parted, the soldier went away on the regular path, or diverted from it? A. He went over the grass—I went from the pathway on to the grass before he attacked me—I did not give him up all the money I had—I gave him up the purse—It did not contain all the money I had—I had some money in my trowsewrs pocket—that was 6s. or 7s.—I told him I would give him all I had about me—I would gladly do so—I gave him what he demanded—I would have given him all had he demanded it—I did not say to him, Pray take all I have, and let me go;" nor any thing to that effect—I gave him what he demanded, and he appeared satisfied—I have never been married—I never stated to any one that I was married—I never allowed any female to pass as my wife.

COURT Q. As you were going down from the West end of the basin, towards the Duke of Sutherland's gate, how far had you got before you stepped out of the path for this purpose? A. I have walked over the spot since, and believe it was about three-quaters of the way—I was nearer to the gate than the basin—I did not observe at what pace the person went when he parted from me—I have no recollection whether the person was taller or shorter than the prisoner—my impression is, that he is the man—to address me in a natural tone of voice.

MR. JONES. Q. How lately before that night had you been in the Park? A. I had not been in the Green Park at all the last time I have been in town—I had not been there for ten months—I had been in town for about ten days before that night.

COURT Q. Were you occassionally backwards and forwards in town? A. I had not been in town for ten months before—I had been to Liverpool—I

had not been in the Green Park in those ten days—I have walked in the Regent's Park in the day-time, never at night—no money was given back to me after I gave it to the person.

  WILLIAM BAKER . I am a watchmaker, and live at No. 35, Long Acre. On Thursday afternoon, the 20th of August, the prisoner came to my shop and produced it on the subject of ear-rings—when he proiduced the gold watch, he asked me what it was woth—It had a small seal attached to it, and I think a steel ring—I said, "It must have cost at least 25l. new"—he then said it was too good for him to have knocking about—he said it was given him by a lady's maid—when I told him what it was worth, he said, "You would not think that was a present to a lady's maid, would youi?"—I said, "No I should not"—he said it was too good for him to have knocking about; that he had it in his possession for three weeks, and had not shown it to any of his comrades; and that he wished to dispose of it, because it was too good, and he would take anotherin exchange, if I would buy it, and make it worth my while—he did not say any thing about his discharge, to my recollection—I then replied to him that I did not think it had been given to a lady's maid—he then said, what he had stated was correct, and that he was always to be found, giving me his name and address, "Robert Swan, Scotch Fusileer Guards, First Battalion—I then asked him long he had it in his possession—he said, "Three weeks," and asked if I knew of a person who it waws likely to suit—I said I thought I had a customer it might suit, and if he would leave it I would show it to him—he hesitated, and asked me how long I should be—I said if he would allow it me two hours, and he agreed to it—I had a motive for asking him that—he went away, leaving it, and in the mean time 1 endeavoured to trace out the coat of arms on the back—I gave information at Bow-street—he returned in about two hours and a quater, and asked what I had done about the watch—I said, "Now I wish to know how you became possessed of this watch?"—Fletcher, the officer, was close at hand at the time—I think he was in my parlour—he afterwards came into the shop—he was in the shop when I said I should like to know how he came by it—the prisoner said it had been given to him by a young woman he was keeping company with—I said I could not give it up to him, unless I was satisfied he had become honestly possessed of it—he then began to say he was not going to be swindled out of it in that kind of way—a young woman was with him when he came the second time—then the officer interfered—he said the young woman had nothing to do with it—I gave the watch to the officer.

Cross-examined Q. Was it true that you had a customer it would be likely to suit? A. No, I had not.

  ABRAHAM FLETCHER . I belong to Bow-street Office. I went to Mr. Baker's house on Thursday, the 20th of August, about half-past seven o'clock in the evening—I had some information from him what I was wanted for—I went into the shop—there was nobody there but Mr. Baker—I about half an hour the prisoner came in with a female—he had got his uniform coat on, with side-arms—the prisoner inquired of Mr. Baker whether he had seen the gentleman respecting his watch—Mr. Baker replied, "I want to know how you came into possession of the watch"—he stated that he received it of a female that he was keeping company with, and he wished to dispose of it, for the purpose of purchasing his discharge—Mr. Baker inquired of him the price he wanted for it—he did not state any price—the prisoner appeared very anxious to get the watch or money,

and became rather angry at not having it returnes, and wished to know where it was—I immediately stepped forwards, and informed him I had the watch—I told him who I was, and requested him to give me a full account how he came into possession of it—he stated, as he did before, that he received it of a female, who he was keeping company with—I told him that was not satisfactory to me, and if he could not satisfy me better than that, that I should detain him, and likewise the female—the prisoner wished to know why I detained the female, for he said she knew nothing at all about it—I only threatened to do so—he said he accidentally met her near St. Giles's church, and asked her to accompany him to the shop—I immediately took them both into custody—I did not search him there—I took him to the office at Bow-street, woman and all—Mr. Baker went with me—the prisoner went, quietly—when we got to Bow-street it was after eight o'clock, and the office was closed—I remained in the room with him a short time—he complained very much of the female being detained, and kept saying she knew nothing about it, and while there he stated that he received the watch of a gentleman that he well knew, but he would not, for I think he said, ten times the amount, tell who it was—I conveyed him to the station-house for the night, and there I requested him to give me what he had in his pocket, but previous to taking him over to the station-house he gave me a small key, and said it was the key belonging to the watch—I had showed him the watch—I have had that and the key ever since—at the station-house he gave me a sovereign, a half-sovereign, two half-crowns, and some other silver, to the amount of 2l. 17s.—he produced it himself—It was loose, not in a purse—I detained him and the woman all night—he was taken before Mr. Halls, the Magistrate, next morning—what passed was taken down by the clerk—he did not say any thing in the way to the Magistrate's—the Magistrate's clerk took from his mouth what he had to say—I think it was not signed at the first examination—this was on Friday morning, the 21st—I went to the Elephant and Castle on Monday, I think, and there saw Mr. Reynolds, and a gentleman with him, who I understood was his brother, and Mr. Richards—I spoke to Mr. Rey. nolds, and afterwards to Mr. Richards.

Cross-examined. Q. The prisoner gave you his address? A. He stated in the shop that his name was Robert Swan, and gave his address—I found that to be correct—he took off his stock, inside which his name was written—w en I mentioned this to Mr. Reynolds, at the Elephant and Castle, I thought he appeared rather agitated—he appeared rather surprised.

Q. A little confused? A. Very trifling—he did not thank me for having traced his watch—we had very little conversation—Mr. Reynolds appeared at the office on the following morning—he made no communication in my presence of what had passed between him and me, to the gentlemen with him—there was an appointment made for him to meet me at Bow-street next morning, but not at that precise moment.

MR. REYNOLDS re-examined. This is my watch and the one I parted with on the night in question—this seal and ring were not annexed to it.

Cross-examined. Q. Did you buy the watch with your own money, or was it bought by any member of your own family and presented to you? A. I bought it with my own money.

  JOHN SPEDDING FROWDE was called, but not examined on the part of the prosecution.

Cross-examined by MR. HONES. Q. Do you live at your chambers? A. I live at 43. Lincoln's-inn-fields—my chambers, where I do business,

are at 51, Lincoln's-inn-fields—Mr. Reynolds has been sleeping at my chambers some time this summer since he has been up from Liverpool—I have only one bed at my chambers—he slept there by himself—he could go to them without seeing me—I had a spare key which I gave him when I told him he might have the bed there—he slept there on the 18th of August—he has slept there several times before—I do not recollelct whether he slept there the night before—I always knew when he did sleep there, because I used always to come up to the chambers from my office to see if there were any letters, and I am sure he never slept there without my knowledge—what hours he came in at or went out I do not know—we dined together at the Garrick club-house on the 18th of August—we afterwards said we would go to the English Opera-house—I said I wanted to go to my chambers, but I would just go down there with him—I understood that my name was written on the order, or the name of any friend of Mr. Reynolds—I do not know whether it was "Mr. Reynolds and Mr. Frowde, "or whether it was "Mr. Reynolds and a friend"—I thought it was one of two—I was to be admitted either by having my name written down, or as being his friend—when we got there we found only Mr. Reynolds' name was down, and as it was not likely I should stay long, I did not think it worth while to pay to go in, and we went away—I saw no order or ticket before I went to the theatre—I do not know the way it was done—we then walked back to my chambers, No. 51, Lincoln's-inn-fields, and waited there for I think half an hour—I remember thinking I had waited late enough for the last delivery of the twopenny-post letters, which was about half-past eight—we then went into Greek-street, Soho—whether we walked or went in a cab I do not recollect—It was a fine night—I wanted to go into a house in Greek-street, where I expected to meet some friends—I said I would go there—he said he should go and take a walk, and left me for that purpose—I think we had one bottle of claret to drink at dinner—I am sure we had no more—I do not think he drank his share—he refused, to have any wine at dinner, because he said he did not feel very well—h did not say where he was going to walk when we parted at the billiard-rooms—he said perhaps he would call for me in three quarters of an hour if I would wait—he must have left me, I think, before nine o'clock—I saw him next morning at breakfast—I did not see him at all that night, I did not wait the three quarters of an hour—I think I remained about half an hour—he said nothing next morning about what had happened to him the night before—I think he first told me of this on the Monday following—It was the same day that Fletcher produced the watch—I was going with him to his father's house, and when we got down there I forget whether he told me of it first or whether it was his brother—I had parted from him at the Elephant and Castle, and had got upon the coach, and did not see Fletcher—I got up on the coach where his brother was, and his brother did not know of this then—we did not know any thing of it till we got to Curshalton—he never mentioned it on the journey—there were other persons by.

COURT. Q. Do you know Mr. Richards? A. Yes, he was at the Elephant and Castle, I saw him there with Mr. Reynolds—I don't know whether he communicated with him—Mr. Reynolds complained of headache on the 18th of August.

  WILLIAM DYOTT BURDER . I acted as clerk to the Magistrate, at Bow-street, on the 25th of August, at the prisoner's examination—Mr. Halls was the Justice in attendance—the prisoner made a statement after being admonished

by the Magistrate that whatever he said would be taken down, and might be used in evidence against him—I took down from his mouth the statement he made, and after doing so, read it over to him, and he subscribed his name to it—It was countersigned by the Magistrate—the names of Robert Swan and Thomas Halls to his examination are the handwriting of the prisoner and the Justice (read.)

"The prisoner states, I was the person—on Tuesday evening last, about nine o'clock, I had been to Chesterfield-street, to accompany a young girl home—on my return I made it my business to go through the Green park, it being my nearest way home—this gentleman, as I believe it to be, was at the gate at the time leading to the Park—the gate I mean is the one opposite the reservoir of water leading from Piceadilly: going from there nothing occurred till about half-way down the Park, when the gentleman I had the w at ch from overtook me; he accosted me with "Good night", or words to that effect—he said "This is a fine place for girls"—I replied "Yes"—he asked me if I should like one there? I forget the answer I made—we proceeded a little further, and as I thought, turned his back to make water—I was going on, he said "Stop a bit, I am going through the Park, I will accompany you"—When he turned round again his person was exposed in a disgraceful manner, and he asked me what I thought of that, and I, as he says, took him into custody, and told him at the same time it was such men as them that got soldiers into bad names—he begged that I would not take him, and at the same time pulled out this watch—I took the watch, and thought at the same time as a testimony against him—we went a little further towards the bottom of the Park—he fell down upon his knees, and begged for his family's sake that I would let him go—I pitied him—after long entreating from him, I told him I would let him go on a promise that he would never insult a soldier in a like manner again—he pulled out his purse, and called me a good fellow—but it was agreed he was to meet me the next day at the bottom of the Park, and I was then to return him his watch, and he would make me a present—he asked me not to bring any one with me—I told him I would not—at twelve o'clock next day I had made up my mind to give him into custody, and had a person with me who was on duty there, but I did not communicate to him what I wanted him for—that is all I have to say—the money that I had from him was, to the best of my recollection, one pound ten shillings—he told me that I was to dispose of the watch as I thought proper, If he was not there the next day.—ROBERT SWAN. Taken before me this 25th day of August, 1835, at the public office, Bow-street.—THOMAS HALLS."

  EDWARD LEWIN RICHARDS . I was in company with Mr. Reynolds when he was going to the Carshalton stage.

Prisoner's Defence. (written.) "My Lord, and Gentlemen of the Jury, I beg very respectfully to make the following few remarks, in answer to the serious charge; trusting that you will banish from your minds any prejudicial informatioin you may have received, either from public statements made to you, or from the prosecuton himself, assisted by superior means that his station in society enables him to command, whilst I rely entirely on your impartial consideration and attention to my answer to this ser ious charge; and humbly hope that you will give me the full benefit of any doubts on your minds of my guilt that may occur to you from the evidence you have heard produced. In the first palce, My Lord, and Gentlemen of the Jurry, I have to call your attention to the fact, that at the time this disgraceful

affair took place, there were many people within hsil; and afte parting with a valuable gold watch and his purse, and requesting the soldier to give him back the silver, which he did, the prosecutor walked away: if he had been threatened by the soldier, or had he obtained possession of the watch and purse by unlawful means, as he states, he fould easily have followed the soldier, and given him in charge of the police, or the people who passed at the time; or otherwise he could have found the soldier at the barracks; or mentioned the affair to the police, who would easily have apprehended him on such a charge: whereas, My Lord, and Gentlemen of the Jury, it was full a week after his endeavouring to dispose of the watch before the prosecutor could be found, and that only by the great exertions of Mr. Fletcher, the constable: and it was with great reluctance the prosecutor then came forward, as the watch was given to the soldier under the circumstances you are already in possession of—viz. to prevent the soldier from giving him in charge of the police for indecent conduct towards the soldier, who considered he had a right to dispose of it. For my general good character, I beg to appeal to the officers of the Regiment I have served upwards of ten years. My Lord, and gentlemen of the Jury, in conclusion, I beg to state my innocence of the crime I am charged with: and, finally, to request your impartial and humane consideration of the facts; and, in throwing myself on your protection, I humbly rely on your favourable verdict, and leave my case entirely in your hands, with the full assurance that you will give me the benefit of any circumstances in my favour."

Prisoner. It was my intention to have given him in charge next day, and I went to the place accordingly—I found a policeman on the very spot where we appointed to meet—I stopped there until ten minutes to one o'clock,—the policeman went away—I told him I had a person to meet—h never came, and I went to dispose of the watch, agreeably to his order, and gave my right address to the watchmaket—I trust you will seriouely consider my case—I am as innocent as a child of any felonious intention with the watch—I went to the shop a second time without hesitation, as I knew I came by the watch as a free gift—I went to the shop, dreading nothing—If I had thought he intended to get a constable I might have absconded, but I did not.

  WILLIAM HENRY AVIS (policeman A32.) Last month I was stationed by Whitehall—I cannot say whether I have seen the prisoner or not—I am in the habit of seeing so many soldiers—I did not meet any soldier by appointment, in the Green Park, about the 19th of August—I met a soldier on the 19th, between twelve o'clock at noon and a quarter after, by accident—the person I met resembled the prisoner in dress, whether in features I cannot say—a few words passed between us—I waited about two minutes with him—we then separated—It did not exceed tow minutes.

MR. SERGEANT ANDREWS. Q. Did any thing more pass between the soldier and you? A. No; he did not ask me to wait for any purpose.

MR. JONES. Q. Did he say to you that he should require your assistance, or not? A. He did not—he never intimated any thing of the kind—I have received a subpœna to attend here to-day.

COURT Q. What passed with the soldier? A. He said, "Good morning, what, a deal of fine weather we have had, we want some rain"—he said, "I have made an appointment to meet a person here this morning "—I said, "A female, I suppose?"—he said "Yes, "—I said, "There is very often these appointments made to make a fool of a man"—he said "Yes;" and that was all.

  THOMAS FORSTER . I am a sergent in the first battalion of Scotch Fusileer Guards. The prisoner has been a private soldier in that regiment for about nine years—I never knew him guilty of any dishonest act during that time—he bore the character of an honest man.

MR. PHILLIPS. Q. How long have you been in the regiment? A. Twenty years—we were both in the regiment in 1831—I cannot say whether the prisoner was at liberty all that year—I do not recollect his having been in prison or punished in any way—not for dishonesty—he might be punished, I do not know that he was—If he was, it was for drunkenness of absence, not for dishonesty—I came only to speak as to his honesty—I do not recollect whether he was or was not punished in 1831.

Q. Do you mean, on your solemn oath, to tell the Jury you do not know that he was punished in 1831? A. I do not.

Q. You never heard any charge on which he was punished? A. I have heard several charges confined to the barracks, or billet, or absence, or drunkenness—I do not know that he was punished on another charge—I never heard of any.

Q. On your oath, was he not in prison in 1831, in the very quarters in which you were, for having made a charge precisely like the present? A. He was not, that I swear, nor in any other year, to my knowledge—I deliberately swear that—I have access to the regimental books—I never knew him by any other name than the one he now goes by—(looking at a man named Bride) I know that man perfectly well—I never heard that the prisoner was imprisoned for a charge similar to the present—I do not know that he has been in prison on any charge—I have sworn it—he was not in prison—no person came aganist him to make a charge—he was not taken up in any way—I believe he was confined—I had heard something of some gentleman making some statement to the sentry, but the person never came forward to the regiment to prove any statement, therefore there is no report against the man in the regiment.

MR. JONES. Q. Was he ever punished or confined on that statement? A. I do not recollect that he was—I have no motive in coming here except to represent truly the character he has borne.

  JOHN GILPIN . I am a sergeant in the same regiment. I have known the prisoner eight or nine years—I have not had the pleasure of being so well acquainted with him as my fellow-sergeant was, for I did not belong to the same company, but I never heard of his being in prison.

GUILTY.— DEATH . Aged 28.