<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Before Lord Chief Justice Best.</p>
<persName id="t18280529-17-defend171" type="defendantName"> HENRY JONES
<interp inst="t18280529-17-defend171" type="surname" value="JONES"/>
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<interp inst="t18280529-17-defend171" type="gender" value="male"/>
<interp inst="t18280529-17-defend171" type="age" value="21"/> </persName> and
<persName id="t18280529-17-defend172" type="defendantName"> WILLIAM RICE
<interp inst="t18280529-17-defend172" type="surname" value="RICE"/>
<interp inst="t18280529-17-defend172" type="given" value="WILLIAM"/>
<interp inst="t18280529-17-defend172" type="gender" value="male"/>
<interp inst="t18280529-17-defend172" type="age" value="22"/> </persName> were indicted for
<rs id="t18280529-17-off90" type="offenceDescription">
<interp inst="t18280529-17-off90" type="offenceCategory" value="theft"/>
<interp inst="t18280529-17-off90" type="offenceSubcategory" value="burglary"/> feloniously breaking and entering the dwelling-house of
<persName id="t18280529-17-victim173" type="victimName"> Esther Ann Freeman
<interp inst="t18280529-17-victim173" type="surname" value="Freeman"/>
<interp inst="t18280529-17-victim173" type="given" value="Esther Ann"/>
<interp inst="t18280529-17-victim173" type="gender" value="female"/> </persName> , on the
<rs id="t18280529-17-cd91" type="crimeDate">16th of April</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t18280529-17-off90 t18280529-17-cd91"/>, at
<placeName id="t18280529-17-crimeloc92">Tottenham</placeName>
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<join result="offencePlace" targOrder="Y" targets="t18280529-17-off90 t18280529-17-crimeloc92"/>, and stealing therein 1 piece of linen, value 1s.; 4 shifts, value 8s.; 1 pair of sugar-tongs, value 4s.; 1 spoon, value 2s.; 1 thimble, value 6d.; part of a bracelet, value 5s.; 1 pair of sleeves, value 6d.; 1 seal, value 1s.; 1 piece of foreign coin, called a dollar, and 2 sixpences, her property; 1 thimble, value 15s., and 2 forks, value 20s., the goods of
<persName id="t18280529-17-victim174" type="victimName"> Elizabeth Susanna Chapman
<interp inst="t18280529-17-victim174" type="surname" value="Chapman"/>
<interp inst="t18280529-17-victim174" type="given" value="Elizabeth Susanna"/>
<interp inst="t18280529-17-victim174" type="gender" value="female"/> </persName> ,
<rs id="t18280529-17-viclabel93" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t18280529-17-victim174 t18280529-17-viclabel93"/>; 1 thimble, value 1s., and 1 spoon, value 6d., the goods of
<persName id="t18280529-17-victim175" type="victimName"> Eliza King
<interp inst="t18280529-17-victim175" type="surname" value="King"/>
<interp inst="t18280529-17-victim175" type="given" value="Eliza"/>
<interp inst="t18280529-17-victim175" type="gender" value="female"/> </persName> ,
<rs id="t18280529-17-viclabel94" type="occupation">spinster</rs>
<join result="persNameOccupation" targOrder="Y" targets="t18280529-17-victim175 t18280529-17-viclabel94"/> </rs>.</p>
<p>MR. BODKIN conducted the prosecution.</p>
<placeName id="t18280529-17-crimeloc95">White Hart-lane</placeName>
<interp inst="t18280529-17-crimeloc95" type="placeName" value="White Hart-lane"/>
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<join result="offencePlace" targOrder="Y" targets="t18280529-17-off90 t18280529-17-crimeloc95"/>, in the parish of Tottenham. On the night of the 16th of April I was the last person up - I saw the windows communicating with the gardens, at the back of the house, fastened; an iron bar crossed them, and was put into a nook with a spring; there were two windows in the room; all the shutters had similar fastenings; there is a cabinet in that room, with six drawers to it, four of which were locked. I was not alarmed during the night; I saw Offerd, who is Mr. Alexander's gardener, soon after six o'clock in the morning - he is also my gardener. I went down to the room in question, in company with him and my servant; I found every drawer in the cabinet opened and drawers out- the scrutoire was broken open, and everything turned out; the window and the shutters were wide open; the bar was unfastened - it is attached to the shutter at one end, and swings on a pivet; there was a small hole in the shutter, as if it had been bored with an auger; there are bolts on the parlour door, communicating with the passage and the rest of the house - there was a hole made in the door sufficient for a hand to pass through and unbolt it; the door was open, and the bolt drawn; the lock of a cupboard in the hall was forced - I missed a variety of property from that cupboard and other parts of the premises. I am single, and rent the house.</p>
<persName id="t18280529-17-person176"> ELIZABETH WEBSTER
<interp inst="t18280529-17-person176" type="surname" value="WEBSTER"/>
<interp inst="t18280529-17-person176" type="given" value="ELIZABETH"/>
<interp inst="t18280529-17-person176" type="gender" value="female"/> </persName> . I am in Miss Freeman's service, and was with her and Offerd on the morning in question, when the premises were examined; I did not see the rooms before my mistress came down; Miss Chapman lodged at the house; I put two silver forks belonging to her into the kitchen drawer, on Tuesday night, the 15th; she did not dine at home on the 16th, and the forks were not used. I missed them from the drawer on the morning of the robbery.</p>
<p>ELIZA KING. I was in the prosecutrix's service on the night in question, and had a thimble and caddy-spoon; I left them in a work-box in the kitchen cupboard the night before the robbery - they were gone in the morning.</p>
<persName id="t18280529-17-person177"> SARAH WILSON
<interp inst="t18280529-17-person177" type="surname" value="WILSON"/>
<interp inst="t18280529-17-person177" type="given" value="SARAH"/>
<interp inst="t18280529-17-person177" type="gender" value="female"/> </persName> . I am in the service of Mr. Alexander, who lives next door to the prosecutrix. On the morning of the 17th of April, I saw the prosecutrix's parlour window open, and part of the shutter open; I told the gardener when he came.</p>
<persName id="t18280529-17-person178"> JOHN HAMMET
<interp inst="t18280529-17-person178" type="surname" value="HAMMET"/>
<interp inst="t18280529-17-person178" type="given" value="JOHN"/>
<interp inst="t18280529-17-person178" type="gender" value="male"/> </persName> . I am a watchman of Tottenham, and was so on the night in question; my box is not a quarter of a mile from Miss Freeman's house. An alarm was given that night, at Mr. Alexander's house: about half-past four o'clock that morning, (after that alarm) I saw both the prisoners up against Scotland-green, which is nearly half a mile from the prosecutrix's house; I was on one side of the road, and they on the other. I went over to them, and said to Jones, "Good morning to you - ayn't you the young man whom I spoke to before this morning;" he said No; I said, "I think you are;" he said, "Ayn't there a little job been done down there to night?" pointing towards the prosecutrix's house; I said Yes - he said, "You never saw me down here before;" he said, "There has been several little jobs done down here lately, and it is time to look out," and he said he would make me remember stopping him on the road; he had stood and talked to me about three minutes, but I had not laid hold of him - he then went away; Rice had gone away, leaving him talking to me; they were both together before: when Jones left he went in the same direction as Rice: he turned out of the road. Soon after this I saw Griffiths, the constable; I followed Jones while he talked to me, and as he was going away he said he would make me remember stopping him on the road; Griffiths and I followed them down into the marsh; we went towards Chingford, to the mills there, and went on to Ponder's-end mills; we did not get sight of them till we got to Ponder's-end; we saw both of them there - Hummerstone was then with us, and he took Jones; Rice left him, and ran away up into Ponder's-end.</p>
<p>Cross-examined by MR. PHILLIPS. Q. It was half a mile from the prosecutrix's house that you first met Jones? A. Nearly so; I had heard then that the prosecutrix's house had been robbed; an alarm had been given of the robbery - there were a great many people about.</p>
<p>Q. Was Jones alone when you spoke to him? A. They were both together; Rice went on - Jones remained behind talking to me for two or three minutes; I had my
<xptr type="pageFacsimile" doc="182805290011"/>watchman's coat on and my rattle and cutl ass - Rice had turned out of the road into Scotland-green, and was out of my sight; there are houses on both sides of the road, there was nothing to prevent my giving an alarm - Jones did not appear anxious to get away; he said if I would follow him, he would tell me where he lived - it is a public place, the houses extend for a quarter of a mile; I saw Jones searched, nothing was found on him that was claimed; he had a little money, no picklock-keys or angers - it rained a little, and was rather a gloomy morning.</p>
<p>MR. BODKIN. Q. Do you mean to say that at the time you saw the prosecutor, you had heard of Miss Freemen's robbery? A. No - I had heard of Alexander being robbed, the prisoners did not come over to me - I went over to them.</p>
<p>COURT. Q. You say Rice was out of sight before Jones left you? A. Yes because he turned out of the road, I saw him turn out of the road; we found them both together afterwards, I saw them go by Tweed's-mill-field.</p>
<persName id="t18280529-17-person179"> THOMAS HUMMERSTONE
<interp inst="t18280529-17-person179" type="surname" value="HUMMERSTONE"/>
<interp inst="t18280529-17-person179" type="given" value="THOMAS"/>
<interp inst="t18280529-17-person179" type="gender" value="male"/> </persName> . I am a shepherd. On the 17th of April, about ten minutes before six in the morning - I saw the two prisoners in my master's field - the field belongs to Tyler's farm, and is near Endfield-mill; they were both running when I saw them - I asked what business they had that way, and told them it was no thoroughfare; one of them said something - I cannot exactly say what - they went on, and I tried to meet them; I had my crook in my hand - they went into Mr. George's premises - I followed; they got over his fence, and jumped into a brook of water; I jumped in also, and after I got through the water; I ran up the field, put out my crook, and caught Jones by the leg; I collared him - after I had secured him, I saw Hammet and Griffiths come up: I gave him into their custody; when I took hold of Jones I saw a shift drop from him, and there was a little bit of linen, which I suppose was an old shift - I gave them both to Griffiths, the constable; Rice ran away after I took Jones.</p>
<p>Prisoner RICE. Q. What did you say to us when we were crossing the fields? A. I told you it was no thoroughfare; whether you heard me or not I cannot say - the shift dropped from Jones, whether it was from his pocket or from his clothes, I cannot say; I told him he had dropped something - he said that was not his - I picked it up and put it into my pocket.</p>
<p>Cross-examined by MR. PHILLIPS. Q. How near was Rice to you when you picked up the shift? A. He was gone away; Jones dropped it - it did not lay in the road Rice had gone - I cannot say that he had gone over just that spot.</p>
<p>Q. This was a hazy wet morning? A. It might be; I was standing still, when I took it up - I had been running about ten minutes before.</p>
<p>Q. What had you been doing for ten minutes then? A. Sometimes walking and sometimes running; I cannot say how long before I had been running - it might be a minute before.</p>
<p>Q. Was Jones walking? A. No - he was getting away as fast as he could; he was nearly exhausted - I could walk nearly as fast as he could run; I had not been walking above a minute - I had not heard of any robbery at that time.</p>
<p>MR. BODKIN. Q. This was about six o'clock? A. About ten minutes before; it was broad day light; Rice had got quite away when I picked up the shift - I am certain I saw the shift drop from Jones's person.</p>
<p>MR. PHILLIPS to JOHN HAMMET. Q. What time did you first hear of Mr. Alexander's house being broken open? A. It wanted about ten minutes to three o'clock; I met the prisoners about half-past four - they were not above half a mile from the house when the alarm was given- Mr. Franklin and others were about.</p>
<persName id="t18280529-17-person180"> CHARLES BAYLIE
<interp inst="t18280529-17-person180" type="surname" value="BAYLIE"/>
<interp inst="t18280529-17-person180" type="given" value="CHARLES"/>
<interp inst="t18280529-17-person180" type="gender" value="male"/> </persName> . I am a gardener, and live with my father at Edmonton. On the 17th of April I found part of a shift which had been torn, by the side of a tree near Tweed's-mill - I gave it to Griffiths at the Just ice-room.</p>
<persName id="t18280529-17-person181"> JOHN VERDON
<interp inst="t18280529-17-person181" type="surname" value="VERDON"/>
<interp inst="t18280529-17-person181" type="given" value="JOHN"/>
<interp inst="t18280529-17-person181" type="gender" value="male"/> </persName> . I live with my father, a barge-master, at Edmonton. On the morning of the 17th of April I joined in pursuit of the prisoners - they went by our place; I followed them all the way to Ponder's-end - they both went through a ditch, and I saw Jones throw a shift or a bundle into the ditch; I went into the ditch, and found a shift and a pair of sleeves - I gave them to Griffiths; the prisoners were then close together, running.</p>
<p>Cross-examined. Q. At the time the shift and sleeves dropped they were both together? A. Yes, as close as they well could be in the ditch; I was about twenty yards from them, and running - they were not touching each other; I found the shift in the ditch through which they both passed; it was a gloomy morning and darkish, but not raining.</p>
<p>MR. BODKIN. Q. How soon after Jones threw the shift down did you see him stopped? A. About two minutes after - I knew him to be the person who had thrown the shift into the ditch.</p>
<persName id="t18280529-17-person182"> THOMAS THIRGOOD
<interp inst="t18280529-17-person182" type="surname" value="THIRGOOD"/>
<interp inst="t18280529-17-person182" type="given" value="THOMAS"/>
<interp inst="t18280529-17-person182" type="gender" value="male"/> </persName> . I am a carter, and live at Ponders-end. On the 17th of April, about 6 o'clock in the morning, in consequence of what passed between me and Verdon, I stopped Rice at Ponder's-end - he was running; I pursued him about fifty yards before I took him; I delivered him to Griffiths; I afterwards searched in the direction he had ran, and found a thimble and a seal, which I gave to Griffiths at the office.</p>
<p>Cross-examined. Q. Did you see Jones searched? A. No.</p>
<persName id="t18280529-17-person183"> JAMES GRIFFITHS
<interp inst="t18280529-17-person183" type="surname" value="GRIFFITHS"/>
<interp inst="t18280529-17-person183" type="given" value="JAMES"/>
<interp inst="t18280529-17-person183" type="gender" value="male"/> </persName> . I am constable of Tottenham. I was coming off duty about twenty minutes before five o'clock, and saw Jones talking to Hammet, the watchman; I afterwards went in pursuit - I never lost sight of Jones; I pursued him about four miles and a half - they got as far as the mills at Ponder's-end; I was not present when they were taken into custody, they were afterwards given into my charge by Harrison and Thirgood; I searched Rice before I took him to the watch-house, and found in his hat a shift and a pair of sleeves - I found a silver crown piece and part of a bracelet in his waistcoat pocket, and a phosphorous-bottle and matches; in his coat pocket I found this chiseel and gimblet, nothing else - I have since applied the chissel to the outside part of the prosecutrix's premises, and to a closet in the drawing-room - it corresponds with the impression made on them; I produce several parcels which I have received from Hummerstone and Verdon; a silver thimble and seal from Thirgood - a shift from Baylie; on our way to the watch-house with the prisoners, I had not held out any threat or promise whatever to them - Jones said, 5l., 10l., or
<xptr type="pageFacsimile" doc="182805290012"/>50l. would be no object if I could make it right, and not take him to the watch-house; Rice said nothing - he was by his side at the time; I afterwards went with them to gaol - when they were committed, Jones said, he supposed the might get lagged, but he should not mind, for he had had five years upon the salt-water - I suppose lagged to mean transported; Rice said, he did not mind if he was not topped - I do not know the meaning of that.</p>
<p>Prisoner RICE. I should not have used such an expression as that. Witness. I declare positively he did say he should not mind if he was not topped.</p>
<p>Cross-examined. Q. Was Jones in a sailor's-dress as he is now? A. No, he had a surtout coat on: I searched him accurately, and found a case-knife on him and 16s. or 18s.</p>
<p>MR. BODKIN. Q. Were any sixpences found on Jones? A. Yes, several sixpences, shillings, and half crowns.</p>
<persName id="t18280529-17-person184"> THOMAS IVES
<interp inst="t18280529-17-person184" type="surname" value="IVES"/>
<interp inst="t18280529-17-person184" type="given" value="THOMAS"/>
<interp inst="t18280529-17-person184" type="gender" value="male"/> </persName> . I am a barge-master, and live at Ponder's-end; I assisted in conveying the prisoners in a cart to the watch-house, and on the road, I heard Jones say, he wished not to go to the cage, and that 5l., 10l., or 50l. would be no object to him, not to go to the cage - I said, I should have no compromising there.</p>
<persName id="t18280529-17-person185"> WILLIAM FENSON
<interp inst="t18280529-17-person185" type="surname" value="FENSON"/>
<interp inst="t18280529-17-person185" type="given" value="WILLIAM"/>
<interp inst="t18280529-17-person185" type="gender" value="male"/> </persName> . I am a labourer, and live at Ponder's-end; about seven o'clock on the morning in question, I found a coat in the long mead, which is over the hedge of the Eighteen-acres field, it is the next field to it; I picked it up, and found in the pockets of it two silver forks, and two screw-drivers - a woman named Shadbolt picked up a stock and centre-bit, which I put into the pockets of the coat, with the screw-driver and forks, and gave them to Mr. William Boards; the coat was near the hedge of the field.</p>
<p>JAMES GRIFFITHS re-examined. They both ran through the Eighteen-acrcs field, and went through the hedge described.</p>
<persName id="t18280529-17-person186"> CATHERINE SHADBOLT
<interp inst="t18280529-17-person186" type="surname" value="SHADBOLT"/>
<interp inst="t18280529-17-person186" type="given" value="CATHERINE"/>
<interp inst="t18280529-17-person186" type="gender" value="female"/> </persName> . I was at work in the Eighteen-acres field on the morning in question, and found the stock of a centre bit close against the hedge; I gave it to Mr. Boards, my master, in Fenson's presence.</p>
<persName id="t18280529-17-person187"> WILLIAM BOARDS
<interp inst="t18280529-17-person187" type="surname" value="BOARDS"/>
<interp inst="t18280529-17-person187" type="given" value="WILLIAM"/>
<interp inst="t18280529-17-person187" type="gender" value="male"/> </persName> . I am a farmer, and live at Ponder's-end; Fenson and Shadbolt are in my employ - the coat was given to me; I believe I took it off the ground - I gave it to Brooks in the same state as I received it.</p>
<persName id="t18280529-17-person188"> CHARLES BROOKS
<interp inst="t18280529-17-person188" type="surname" value="BROOKS"/>
<interp inst="t18280529-17-person188" type="given" value="CHARLES"/>
<interp inst="t18280529-17-person188" type="gender" value="male"/> </persName> . I received a coat from Mr. Boards with these articles in the pocket; I gave it to Forster in the same state as I received it.</p>
<persName id="t18280529-17-person189"> JOSEPH FORSTER
<interp inst="t18280529-17-person189" type="surname" value="FORSTER"/>
<interp inst="t18280529-17-person189" type="given" value="JOSEPH"/>
<interp inst="t18280529-17-person189" type="gender" value="male"/> </persName> . I am a constable. I produce the coat which I received from Brooks; these things in the pocket were there then - here are two silver forks, two screw-drivers, and the stock of a centre bit.</p>
<p>JAMES GRIFFITHS. I was present when the coat was claimed; this examination of the prisoners is signed by Mr. Robinson, the magiatrate (read.)</p>
<p>"The prisoners being asked if they had anything to say, Rice says, the great coat now produced belongs to him."</p>
<p>JAMES GRIFFITHS. This was the coat I produced.</p>
<p>MISS FREEMAN. (Looking at the shift found in Rice's hat.) This is mine, and the sleeves also; I have no doubt of them - here is my mark on them, and this shift that was found on the ground, that has my mark on it.</p>
<p>THOMAS HUMMERSTONE. That shift dropped from Jones.</p>
<p>ELIZABETH SUSANNA CHAPMAN. I resided with Miss Freeman: these forks are mine and were in her house at the time in question - my initials are on them; I had a work-box which was left locked the night before the robbery - it was found open in the morning, but every thing left in it except a gold thimble; I had also a desk which was forced open - I found a match in that desk, which I produce: I do not know that it was inside the desk, for every thing was turned out on the floor - I found it in the house among the things.</p>
<p>JAMES GRIFFITHS. This match is exactly of the same description, and the same length as the others which were found on Rice.</p>
<p>THOMAS THIRGOOD. I produce a silver thimble which I found in a field at Ponder's-end where I took Rice.</p>
<p>ELIZA KING. This is my thimble, I have not found the spoon.</p>
<p>JONES' Defence. I am innocent of the charge - I have got my living at sea for the last seven years, and have only been a short time on shore; I had every thing prepared to go another voyage - I went down to Enfield to see my aunt, and on my return being rather intoxicated, the watchman stopped me - he asked me what he says, and I gave him the answer he says: as to my saying a bit of a job had been done, it is false, he has added that himself.</p>
<p>JONES -
<rs id="t18280529-17-verdict96" type="verdictDescription">
<interp inst="t18280529-17-verdict96" type="verdictCategory" value="guilty"/>
<interp inst="t18280529-17-verdict96" type="verdictSubcategory" value="withRecommendation"/> GUILTY </rs> -
<rs id="t18280529-17-punish97" type="punishmentDescription">
<interp inst="t18280529-17-punish97" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t18280529-17-defend171 t18280529-17-punish97"/> DEATH </rs>. Aged 21.</p>
<p>RICE -
<rs id="t18280529-17-verdict98" type="verdictDescription">
<interp inst="t18280529-17-verdict98" type="verdictCategory" value="guilty"/>
<interp inst="t18280529-17-verdict98" type="verdictSubcategory" value="withRecommendation"/> GUILTY </rs> -
<rs id="t18280529-17-punish99" type="punishmentDescription">
<interp inst="t18280529-17-punish99" type="punishmentCategory" value="death"/>
<join result="defendantPunishment" targOrder="Y" targets="t18280529-17-defend172 t18280529-17-punish99"/> DEATH </rs>. Aged 22.</p>
<p>Recommended to Mercy by the prosecutrix as no personal violence was used.</p> </div1></div0>

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