The Proceedings of the Old Bailey

 

445.   JOHN THOMPSON otherwise WRINKLE was indicted for burglariously and feloniously breaking and entering the dwelling of   John M'Farlan about the hour of ten in the night, on the 22d day of March last, with intention the goods and chattles of the said   John M'Farlan in the said dwelling house then and there being, feloniously and burglariously to steal .

(The witnesses examined apart at the request of the prisoner.)

  JOHN M'FARLAN sworn.

I am a silversmith , I was sitting in the kitchen backwards, even with my shop with my wife, I heard the bell of the door of my one pair of stairs floor tinkle, the girl came down stairs and went to the door, I says to my wife, it is nobody wants us, it is somebody wants the lodgers up stairs, then the girl came running along the passage, and says to my wife somebody wants you, my wife took up the candle off the table and went out of doors, I heard no talking till I heard the pane of glass break, that goes into the shop, where my silver work lays, the glass is to keep peoples hands from the show board, with that I heard a rattling, and a noise in the passage, I got up out of my chair, and when I came in, and saw my wife laying on the ground, with her head towards the partition of the little room, and her feet towards the cellar door, no person could go by her, it is a very narrow passage, and the prisoner at the bar, as he appeared afterwards to be, was down also, he lay behind her, his knees in her back down upon her; I did not think of any thieves, I went to lift my wife up, and I saw something push at me from under her coat, with two edges to it, and an odd sort of a point, my wife cried out, keep out of the way my dear, keep out of the way, they will cut you to pieces! I took up an old space, and I tried to strike at him, for fear of striking my wife, I struck at his hat, and something fell from his face, and I saw him as plain as I see these gentlemen now, and his eyes looked so monstrous fierce and savage at me, I did not know what to make of it; seeing some more behind me all disguised I turned myself round, and I cried out Harry! Harry! your mistress is murdered and cut to pieces! that is a journeyman of mine, who was at work for me; with that Harry jumped out of the back shop, he had a silver soap ladle in his hand, w hich weighed four ounces in the bowl, and nine ounces throughout, and he struck the man on the head with the ladle, hearing a noise in the street, I looked to the door, and saw it open, and I saw two or three men walk out, and the prisoner was left behind, he walked the length of the passage, and Harry kept hitting him on the head, and he went out of the house, and I saw no more of him; and they brought him back and declared he was the man, and the next morning, though they had even changed his clothes in the Compter, I declared that was the man.

Did you see him again that night? - Yes, we took him directly, he was not out of sight, only whilst turning round three doors.

Jury. Did your wife open the door to let him in? - No.

Mr. Garrow, Prisoner's Council. How long might you be in the passage before all the people went away? - I cannot tell.

You can tell whether you was an hour or five minutes? - I cannot say it was an hour, nor half an hour.

Was it five minutes? - My fright was so great at the time, it was out of my power, or any body else in the agony I lay in.

You was extremely frightened? - I was.

What light had you? - A light commonly in my kitchen, and a light in the back shop, there was a candle on the compter.

Where is your compter? - In my shop.

Then there was the partition of the shop, between the candle and the place where you had this scuffle? - No, Sir, it is in the passage, I told my Lord.

Does your street door open into your shop immediately? - No, Sir, into a passage, the compter joins with a passage.

I want you to describe to the Jury, the situation of your shop and your passage, how are they separated from each other? - The street door comes in, and the compter runs down on one side the shop, with shutters up to it, that joins to the parlour partition, none can come into my shop without lifting up the flap of the compter, or breaking through that which was broke.

Is there a partition between the shop and the passage? - I tell you it is a compter.

In the day time a person opening the street door would come to your compter without any passage? - Yes.

In the night time you put up shutters which forms a passage? - Yes.

The shop was in the condition it was in the day time? - Yes.

How soon after was this man taken and brought back to you? - A few minutes.

How many do you think? - I cannot tell, my flurry was so great.

You was very much frightened? - I leave into any body else to judge.

What did you think was passing when you first came up? - I had no apprehension of thieves, the outer shutters in the street were shut up.

  ELIZABETH M'FARLAN sworn.

On the 22d of March, about ten at night we heard the bell ring, and our young woman opened the door, and came and called me out, and when I came into the passage, that man was about a yard in the passage, I was in the back kitchen, I came out with a candle in my hand, and this man stood in the passage, about a yard in; he stood with one hand behind him, and another before him, with a great coat on; and when I looked him full in the face, he looked at me, he never spoke a word to me; and I saw a second come down one of the steps from the street; I looked then behind me, and I saw the second man put his hand into his right hand pocket and pull out something black, and put it all over his face.

Had this first man any thing over his face at that time? - I did not see any thing at all over his face at that time; when I saw that man disguising himself I was frightened, and called out Muffles, thinking of the people as I have heard tell of with things over their faces; then the first man that is now at the bar   drew a sword from behind him, and held it up so, and he turned round to make a chop at me, and I turned round to avoid the blow; and he threw me down, there were two then; one behind, he threw me down on my face, and he kneeled on my back, and I squalled out, and I called all the people in the house, and then my husband came out when a pane of glass was broke in the door that parts the shop in the passage; I do not know how that was, then I said to my husband, my dear, do not come near them, they will chop you all to pieces; I do not know what happened afterwards.

How many did you see in all? - I saw in all the man that was disguising his face, and one or more behind him, I know there were more than one; I stood some space with the candle in my hand, looking full at him, expecting he would tell his business to me, he had a black thing round his neck, his face was uncovered as it may be now.

How near was you to him? - About half the length of this board.

Mr. Garrow. I take it for granted you was very much frighted? - I was terrified, I did not know but they might shoot me; I have not been right well since, I spit blood for two or three days after, with falling down on the pit of my stomach.

How long was all this passing? - Not twenty minutes; I do not know how long it was.

You had nothing but your own light you brought up with you? - No, that I put on the compter; I had no suspicion till I saw him behind putting on his disguise, then said I, Lord have mercy upon me! muffles, muffles! he hit me on the back of my head.

Do you mean to swear that any body touched you at all? - He certainly must have drove me down.

Do not tell me what he must have done, in point of fact did you feel anybody touch you? - Yes I did, I felt a weight after I was down.

Have you never said that you believed you fell from the fright, and you was not sure anybody touched you? - I have said that he certainly must have hit me on the back of the head.

Have you ever told anybody that you did not know whether you was pushed down, or drove down? - I said I was drove down.

Have you not said that you was not sure that anybody touched you, that you rather thought that you fell through fainting, or through fright? - I never said any such thing as that, I do not recollect it.

Did you at the time feel anybody touch you? - I cannot recollect that.

Then have not you told somebody so? - No, I never told anybody so.

Nobody said a word to you? - No.

  MARY SANDERS sworn.

I live at Mr. M'Farlan's, I went to the door the night this thing happened, somebody rang at the bell, and I came down to the door with a candle in my hand, I opened the door, and the prisoner and another man were at the door; the prisoner spoke to me, and he said, my dear, is Mr. M'Farlan at home; I said, Sir I do not know, if you will please to stop two or three minutes I will go in and see; I went in and spoke to Mrs. M'Farlan, and when I returned up stairs from the kitchen door, these men came in and followed me along the long passage, and after I came out this man was come in, and he had got from the threshold of the door about five yards, and I went to go up stairs, and I saw the handle of a cutlass under his cloaths, he came in as I went to open the door; as I went up stairs I saw Mrs. M'Farlan come out; she came to the prisoner, he said nothing; then Mrs, M'Farlan screamed out; when I saw the handle of the cutlass I ran up stairs in the fright, I do not know which way I turned; I went into my mistress's room, and said, Madam, for God's sake come in, here are two thieves, or two murderers, with that my master locked the door, and opened the window, and cried out murder, stop thief.

Mr. Garrow. Is there any other maidservant about this business, but you, a witness? - No.

Was you ever examined when   John Mowat was in custody? - No, Sir, I never was examined but here, and at Guild-hall.

Court. How was your door fastened? - Double locked.

  HENRY HALL sworn.

I live at the prosecutor's house, I was at work in the back shop, making a soop ladle, and a little after ten I heard my master halloo out, Harry here is thieves, your mistress will be murdered; I ran with the ladle in my hand, and I saw my master in the passage, and I pushed him out of the way, and I run towards the man, and hit him over the head with the ladle; the man was stooping over my mistress, she was upon the ground, I cannot tell whether she was laying upon her face or not; with that he made towards the door, I hit him another blow over the head, before he got out of the door, he took to his heels and ran; I ran after him, and hallooed out stop thief! and some people coming out of a public house, laid hold of his collar, I ran up and laid hold of the other side, and he was taken to the watch-house; that man was the prisoner.

Was he out of your sight ever? - No.

Did you see any more in the house besides him? - There was, but just as I came into the passage they were running out; I saw nothing black about him, nor upon the ground.

  JOHN STONE sworn.

I was at the public house, in St. Martin's Lane; I heard the cry of stop thief! I saw the prisoner and Hall running up the lane, I run after him, and seized him by the collar.

How far was the prisoner from the prosecutor's door, when you seized him? - About fifty or sixty yards.

Was there any thing particular about his person or dress? - He had a brown great coat on, I saw no weapon.

  ROBERT WILLIS sworn.

On the 22d of March, I went where the prisoner was taken, and about six yards from Mr. M'Farlan's door, I took up this sword, ten minutes after the alarm.

  JAMES LEE sworn.

About half past ten, or half an hour before

ten, I was coming home, and the prisoner came past me, he asked me where the silver-smith lived, the corner of St. Martin's Lane; I could not tell him, and he asked me whether I knew ever a M'Farlan, I could not tell him; I asked what number he lived at, he did not know; about half an hour after, this affair happened.

Look at the prisoner again, are you quite sure he is the man? - I am quite sure, I saw him that night after.

  JOHN TATCHFIELD sworn.

I was a watchman in that lane, when the cry of stop thief was, and I run and assisted, and Harry Hall, and   John Stone , had the prisoner by the collar, and a pistol droped near the place where he stood, here is the pistol loaded, with ball in it.

Prisoner. Why did not you produce this pistol, the night I was taken into custody? - Because it was out of our ward, he was taken to another watch-house, and I did not go there, I kept the pistol in my pocket, I mentioned it within an hour after, that night; I found the pistol in about five minutes after, just by where he was stopped.

  WILLIAM M'KENSEY sworn.

A little after ten, I was at the further end of the ward before this happened, and I had been in about the space of a minute, and I heard a very great noise, and a great mob, and I saw a light at the one pair of stairs, and I ran as fast as I could, and they had got the prisoner in hold, I carried him to the watch house, and searched him, and found nothing upon him, but a small knife.

PRISONER's DEFENCE.

I never was in the house, I dined that day at Deptford; I was coming home over London Bridge, at ten o'clock, and I saw a parcel of people run, and I run, and they laid hold of me.

What way of life have you been in, you have been at sea I suppose? - I have been at sea some time, since I deal in the marketing way, poultry and fish, and every thing in season.

Court. What is the place of your residence? - I live in Golden Lane, I have lived in that neighbourhood about five or six months, I am an Irishman, I went to Ireland to recieve some money my father left me; this woman pitched upon one of Sir Sampson's men at first; as for this   Harry Hall , he has been guilty of several foot-pad robberies, and has been once tried for it.

GUILTY Death .

Prisoner. My Lord, I am but a young man, and have a young family, I hope my Lord you will recommend me to mercy.

Court. Prisoner, you stand convicted of this offence, and properly; you appear to be connected with a most dangerous gang, think of your own situation; and think of the duty you owe to God and man, to discover the rest of your confederates; withdraw now and think of what I have said to you.

(N. B. This prisoner was afterwards ordered for execution by himself, on Tuesday the 26th of April)

Tried by the second London Jury before Mr.   Baron EYRE .