The Proceedings of the Old Bailey

 

616.   ROBERT JONES , alias SAMUEL SAY , was indicted for feloniously stealing, on the 20th of August last, one wooden trunk covered with skin, value 10 s. six linen shirts, value 3 l. the property of   Josiah  Spode .

  JOSIAH  SPODE sworn.

I live in Fore-street; I lost the things in the indictment, on Thursday evening, the 20th of August, near eleven, near  St. Paul's-church-yard ; there was this trunk and another strapped on before the chaise; I was in the chaise at the time; and while I was coming to town, there had been a fire at Mr. Brown's, which took my attention; I saw it about twenty yards before; I jumped out of the window; I could not open the door; I ran, and met a hackney-coach following my chaise, with a gentleman in it, half asleep; when I came up to the horses heads, the coachman called out, this is your thief! your prisoner! he has just thrown in this trunk, and jumped up to the seat with me; the prisoner was in hearing, but made no answer; after that, I saw the portmanteau; and I seized the prisoner by the collar, and dragged him down to the pavement; we had a violent struggle; after many attempts, I held him fast; no watchman came; at last, Mr. Hoppy, who keeps a shoe-warehouse, threw up the sash, and let off a rattle; then the watchmen came, and I delivered him up into their hands; there was property in the trunk to the amount of six or seven pounds; I saw it carried to a neighbour's house for security; I sent for it the next morning by one of my servants; it was all safe; including the things in the indictment; I have had the trunk three or four years; I can swear it to be mine; I first examined the property the next morning at my own house; I had a list of the articles that were in it; and they exactly corresponded; there were one hundred and twenty-two guineas in gold; and bills of exchange; and a deal of linen; I saw the prisoner afterwards at the watch-house, and swore to him.

  ROBERT MOORE sworn.

I am a coachman; I was in Oxford-road at past eleven o'clock, on the 20th of August last, plying for hire; two gentlemen called me; I put them into the coach, and they ordered me to go to the Temple-gate,

opposite Chancery-lane; one gentleman ordered me to go to Tower-street; and as I was going round St. Paul's-church-yard, it was half past eleven; and a man about twenty yards from the end of Watling-street, meets me, and says, stop coachman, d - n you, why do not you stop coachman; he said so two or three times; at last, I pulled my horses in; the man came from Watling-street way; he chucks the trunk up before me, on the top of a shut-down boot, and jumped on the box himself; I went on, and there stood the chaise; and I called halloo, post-chaise boy, here is your trunk, and the man that has it; when he stopped me, I saw no post-chaise; the post chaise was just at the turning at the end of Watling-street, going into Cheap-side, when I came up; I was going along Watling-street; the chaise was in the church-yard; and I stopped my horses as soon as I came up to him; I told him there was his trunk, and the man that had it.

Is the prisoner the man that was on the box with you? - I cannot tell; it was a dark night, and the horses would not stand still; I delivered the man to the watchman, when he came up; I had no opportunity to take any notice of the man; I believe the gentleman himself came up and took the trunk.

  JOSEPH NEWELL sworn.

I am a watchman of Castle-baynard ward; I did not see the trunk taken; but I took the man in charge from Mr.  Spode, who had taken the trunk; the prisoner was the man that was charged with taking the trunk; I can swear to him; I lodged him safe in the watch-house; and conducted him to the Compter afterwards.

  JAMES STEVENS sworn.

I heard a rattle, and I ran after it; when I came to it, this brother watchman had the prisoner fast by the collar; that was that gentleman at the bar; and the gentleman was bringing the portmanteau away from the coach to the house; we took the prisoner to the watch-house.

Court to Prosecutor. Are you sure that is the man that you delivered to the watchman? - I am; and I can positively swear that every word the coachman has uttered, is false; he says he stopped and called to the post-chaise boy, when I jumped out of the post-chaise; when I ran back, I met the coach a dozen yards or more behind my post-chaise; and the coachman had never uttered a word; I ran for the space of a dozen yards rather than where the coach was at the time; the coach was going on at the same time; I ran back and opened the coach door; at the same time, my chaise was a hundred yards off this side the china shop, the corner of Watling-street; which was as near as I can guess, directly opposite to where the fire was at Mr. Brown's; his coach was behind me, I fancy, a dozen or fifteen yards; it was not near Watling-street, in the manner he describes, by fifteen yards; it was four or five yards behind my chaise at the time; I opened the coach door; and after I had opened the coach door, and ran to the horses heads, the coachman stopped, and not till then; the coachman further says, he delivered him to the watchman; I positively swear I had him in my arms for the space of a minute or two, before any body came near me; and it was with difficulty that I could get any body to come near me; at first I had him by the collar with one hand, bringing my trunk, begging somebody to help me; then I called out for help; and Mr. Hoppy threw up the window at the time; then the watchman came after that, hearing the rattle.

Newell. I can swear I received the prisoner out of Mr.  Spode's hands, and not out of the coachman's.

PRISONER's DEFENCE.

I have my master here,   John Patchell ; going round St. Paul's-church-yard, I saw this man going along; and a post-chaise

before it; and this man was saying post-boy! post-boy! what have you lost; here is a trunk; and the gentleman ran up, and caught hold of me; and the trunk was pulled out of the coachman's boot; I know nothing of it; I think other people lies more liable to be answerable for the box than I was.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.