The Proceedings of the Old Bailey

 

228.   WILLIAM HAYWARD was indicted for stealing, on the 20th of August last, one pair of plated chariot harness, value 10 l. the property of   William Champion  Crespigny , Esq.

  WILLIAM CHAMPION  CRESPIGNY , Esq. sworn.

I lived at the time I lost this harness in Margaret-street, Cavendish-square; the prisoner was my coachman a very few months; I do not recollect when he entered; he quitted it the 12th of August

last; I discharged him on that day at Peckham: I paid him his wages; and from Peckham I went into the country, to my house there: I took some new harness into the country with me, to my house in Berkshire: I had some new harness before I went to Peckham; I took it to Peckham, and from thence to Berkshire: the old harness remained in my coach-house in town, in  Little Portland Mews ; I used it occasionally with the other: he was discharged on a month's warning; which expired some time before I went to Peckham; and he staid with me till I got another servant: he went away on the 12th of August, as having quitted my service. After I had been in Berkshire three or four weeks I wrote to town for the old harness, and it did not come.

Mr. Garrow, Prisoner's Counsel. It will be very material for us to ascertain dates a little. I believe this man lived in your service about eight months? - I cannot pretend to say, he may or he may not; I do not recollect the time at all that he lived in my service.

Does not your recollection go to more then half a year? - Upon my word I cannot say; I totally forget.

Since you have kept a carriage, have you had many coachmen? - I have.

I believe he was taken into custody for this charge, in December, 1789? - It was, Sir.

I believe you was present at the time he was apprehended? - I was.

You was present when he was taken off a horse at Windsor? - I was.

In whose service was he at that time? - In Mr. Cibber's.

Do you happen to know whether he went from your service immediately to Mr. Cibber's? - He did.

I believe the new harness had been made three months before this man had quitted your service? - I believe it was made a considerable time; and they were both in use a considerable time; it may be one, two, three, or four months.

But which should you venture to say, one or three? - I certainly would not venture either; I do not recollect.

Then I must trouble you to take time to recollect, whether for three months the new harness had been in continual use: do you believe it was above three months? - I am willing to allow it might be two or three months.

I believe at the time you parted you was in considerable displeasure with this man? - I was.

How soon after August was it that you received information that your harness was not forthcoming? - I cannot tell; it might be a considerable time.

I have not the good fortune to understand what you mean by considerable? - It might be a month, or five weeks, or less, or more, after the 12th of August: I had not a thought but what it was there.

So that there was a considerable interval between the time you had missed the harness, and the time of his apprehension at Windsor, in the service of Mr. Cibber? - There was.

Was there any device on your harness? - There was my crest.

May I crave the name of your harness maker? - The man that made it, his name is Froome: the man's name that made the new harness was Hutchins.

Was the same device on the new as the old? - Yes, I am sure it was.

Was Mr. M'Neal ever employed by you? - Yes, he was; but never about harnesses; he is a coach maker, occasionally employed by me.

I believe your old harness was in the end found in the custody of M'Neal? - It was, I believe; it is now sent abroad, I understand.

When this coachman was engaged, did you make a bargain with him? - I did of course.

Does it happen to you, among the coachmen you have employed, to recollect the terms of that bargain? - Perfectly.

I will trouble you to state them: I believe at first he asked twenty six guineas? - I do not recollect.

This will be very important; I must trouble you to tax your recollection; I believe in the end, the standing wages agreed on, was twenty two guineas, together with other articles? - Yes.

One guinea for boots? - My memory does not serve me.

One guinea for breeches; does your memory serve you to that? - I cannot say.

Do you recollect whether he was to have the old wheels, in order to make up this sum? - I perfectly recollect he was not to have them; I never allowed either old wheels or old harnesses to any coachman; I do not remember that any thing was said about it.

Was any thing said about the old harness? - Nothing to my recollection; I can venture to say, to the best of my recollection, upon oath, that nothing was said; I mean to swear that if any thing was said, that I never agreed to it.

Explain to me what these articles were that were to make up the twenty-two guineas, to be twenty-six guineas? - I believe I gave him twenty-five guineas a year, to the best of my recollection; I do not keep such a very minute recollection.

I must not compliment away a man's liberty? - I think it was twenty-five guineas a year.

Court. I understood you, the agreement was twenty-two guineas a year wages; what other agreement did you make besides? - I believe there were boots and breeches, and a number of et cetera's which the coachmen generally have, but I will not say on my oath.

Mr. Garrow. Pray do not be in a hurry, Mr.  Crespigny, the boots and breeches we know all the world over, are two guineas; and the old wheels, though they cost us eight pounds, sell for one? - I know nothing about the old wheels; I never made any agreement for them.

Did your former coachman account for the old wheels? - No, never: I believe they were the first wheels I had ever wore out.

I believe you wrote a letter to the prisoner from Bath? - I did.

Can you tell us the date of that letter? - I cannot.

Or about what time it was? - I cannot tell that.

How long was it before this apprehension? - Oh! it was a considerable time.

I do not get a bit further, by the word considerable, do you mean several days, or several weeks, or several months? - I mean two, three, four, five, or six weeks.

You believe six weeks? - I do not believe six weeks.

I believe you stated to him, that in case he did not return these things, you agreed to prosecute him? - I certainly did, but I did not know the nature of the offence at the time I wrote that letter.

However such a letter conveying at least to him, an intimation of that kind was written? - I certainly wrote something to him; I can have no objection to the letter being read.

Mr. Garrow. I have the very words stated in my brief; however, the import of it was, that if he did not return the harness, he should be prosecuted:

"I find

"you have under pretence of my giving it

"to you, taken away the plated harness

"out of my stable; in case you do not

"return it, I shall give orders to my attorney

"to prosecute you for the same." - Yes.

I believe that was previous to the application, made by your attorneys, Messrs. Wallis and Troward? - I do not know of such application; I did not authorize them; I authorized them to do what was right in the business.

Have you happened to be in your carriage on some nights, when the old carriage was used, and broke, at the theatre for instance? - I believe I have.

Do you know whether your lady had forbid the use of it in future, and desired that the new should be always used? - No, I do not.

Was lady Sarah with you on any of

these occasions? - I remember there was an accident happened one time.

Upon this man being discharged, did he, by your desire, deliver you an inventory of the things in the stable? - He did.

Have you that inventory here? - I certainly have not, for in fact, I did not read it.

Do you, or do you not know, whether this old plated harness was, or was not included in that inventory? - I certainly do not know, because to the best of my recollection I never read the inventory.

I believe there were some glasses that were included in it? - I do not know; I believe he delivered on my account the coach-box, or something of that kind before the time he left me.

Jury. When you paid him, did not he give you any account then? - I had advanced him wages occasionally, or paid either a month or five weeks wages; I do not recollect.

Had you no receipt from him? - I had a receipt for six or seven pounds, which was all the wages then due to him, and which was in full of all demands.

Have you that receipt here? - No, I have not; I have it not even in town; I am sure I did not pay him more than twenty-five guineas, that was the precise sum I paid him; I only recollect that from a number of &c's. it came to twenty-five guineas a year.

But then there was three guineas more than the wages; it therefore must have included something over and above the wages? - Of course it must have been for something or other which induced me to give him the money; I am sure it was not relative to the present question; I paid him twenty-five guineas a year, and he found his own boots and breeches, and was to make no extra charge to me.

In whose care was the old stables left in town? - In the care of nobody.

Was this harness laid by as unserviceable? - I understood it was forthcoming when I called for it; I knew it was perfectly useful; it might want repair; I recollect a trifling accident that happened to it, of no consequence whatever, which I suppose detained me about five minutes.

  BENJAMIN WEAVER sworn.

I am butler to Mr.  Crespigny; the prisoner made a complaint to me on the day he left Mr.  Crespigny's service, which was in London, to the best of my recollection, that Mr.  Crespigny had used him ill, as he would not give him the old harness; by reason, he should work it in the country.

Mr. Garrow. Was that in the morning before he went to Peckham? - I think it was; I will not be sure, but I think it was.

How soon did you mention this to Mr.  Crespigny? - After he missed the harness.

You did not take any particular notice of it at the time? - No, I heard he went to live at Mr. Cibber's some time, for a week or a month; then at Mr. Sibbal's, he continued living in the character of coachman, till he was taken.

Then you understood from the prisoner that he was asserting a right to this harness; that is, that he claimed it as a perquisite? - Yes, I understood it so.

  STEPHEN PALMER sworn.

I am servant to Mr.  Crespigny; I heard the prisoner say, that my master would not give him the old harness, because he said he should work it in the country, that was before he was discharged, I believe two or three days before Mr.  Crespigny went to Peckham.

Mr. Garrow. That was after your master and the prisoner disagreed? - Yes.

And after his time was over? - Yes.

He staid over the time as your master could not get a coachman? was not he complaining of this as a breach of promise in your master? - He seemed to speak of it as his own property.

  WILLIAM MACNEAL sworn.

I am a coach-maker in Margaret-street, Cavendish square, some time between the

12th and 20th, or about the 20th of August, the prisoner came to my shop; I was at home, he told me to send for the coach box, hammer cloth and footman's cushion, and that the harness was his; he asked me if I would buy the harness, which he deemed was his property: I had worked for Mr.  Crespigny before, upon which I told him that the harness was in a very indifferent state, and would require a new plate and furniture, as the silver was worn off the pieces; (I knew the harness though I did not see it then,) and that it would not be in my power to buy the harness at such a price as a hackney-man would give, or those it would suit; therefore I told him to send it to my shop, and that I would let him know from time to time what people offered for the harness; the harness came the next day to the best of my remembrance; my labourer brought the aforesaid things; the coachbox, and the harness also; the things were at my shop a few days; I had not seen the prisoner till a guinea and a half was bid, which was in the course of a few days; I thought that was not the value, and therefore did not send to the coachman; he did not know their worth; then two guineas were offered the next day, or perhaps the same day; and after that there was two guineas and a half bid; which if they were my own, I would have sold them for; I was so engaged in business that I omitted to acquaint the coachman of the offer, and the same evening, the same person that offered the two guineas and a half, and said he had particular occasion for such a harness, that if the person to whom they belonged would take three guineas, he would have it, if he would pay for putting on new plates: on the 4th of September I saw the coachman, and told him that if it suited I would put on the plates gratis, and he should have the three guineas to himself; the prisoner said, he was going to his place and wished me to give him the three guineas; this was on a Saturday, and having use for money, I wished him to defer it till Monday; the prisoner said the sum was so trivial, it would make little difference to me, and I paid him the three guineas, and the person sent for the harness three or four days after; this harness belonged to Mr.  Crespigny; I knew it from the crest, and I had mended it several times.

Mr. Garrow. The harness had the crest upon it, as it had been used to have when it was brought to you to mend? - Yes.

And you was of opinion he might have got more by selling it to hackney-coachmen, than by bringing it to his master's coachman? - Yes.

And it was full three weeks in your possession? - Yes.

Hanging up in the public shop, inviting the inspection of every body? - Yes.

With the crest upon it? - Yes.

The prisoner talked of it as his own property, having become so by a perquisite? - Intirely so.

Do a great many gentlemen give their servants their old wheels and harnesses which they send to the coachmaker's? - They do: I had every reason to believe it was his, from another circumstance. Some time before, Mr.  Crespigny ordered me to put a new lining in his phaeton, which I did, and the coachman had the old lining, and there was no fault found: I did not account for it; we never do: that which was his master's, he told me to keep for his master, and to keep it dry.

Jury to Mr.  Crespigny. Had you ever made any agreement about the harness? - I never made any agreement.

Had you ever in point of fact, any harness worn out before? - No.

  SARAH PITT sworn.

I was speaking to Lady   Sarah  Crespigny and Mr.  Crespigny, that I was fearful -

Mr. Garrow. That I object to.

Court. That is not evidence? - I know the circumstance from the man's wife coming -

Mr. Garrow. That is not evidence.

Court. What the prisoner's wife said, is

not evidence? - The prisoner came to me; I cannot ascertain the day exactly; but from little family circumstances, I make it out to be quite the latter end of October, or the beginning of November. I never was the servant to Mr.  Crespigny. My husband was employed as a kind of agent for Mr.  Crespigny, to transact some business relative to the letting a house: the man came to my husband to make up the business: I was at home: my husband was out: I was at dinner: from intoxication, his discourse was so incoherent and abusive, I cannot relate it; speaking of Mr.  Crespigny and the family in a very high degree. The most material thing he said, after saying a great deal against Mr.  Crespigny, the result was, that if we would let Mr.  Crespigny know, if he would take two guineas, which the harness was sold for, he would send it him: I then told him his wife had been frequently at our house, and she offered three guineas? his answer to that was, that they sold for that, and it was more than they were worth; and they were bought by a person who was very eager to have them, going into the country. One thing I perfectly understood, that he said, if he lived with Mr.  Crespigny again, he would cheat him every minute.

Mr. Garrow. When did you think this incoherent discourse of the drunken coachman, important enough to repeat first? - I perfectly recollect it.

Among the rest of the abuse, perhaps he accused Mr.  Crespigny of keeping back from him that which was his for perquisites? - He mentioned the harness in the course of the conversation: that he looked upon it as much his right as his wages.

A part of his abuse of Mr.  Crespigny, was the keeping back from him, that which was as much his right as his wages? - Yes, if you call it abuse.

Was not a good deal of his conversation directed to that? - Yes.

Mr. Garrow. My lord, I shall call no witnesses in such a case; and I advise the coachman to say nothing.

Court. The only question is, whether this is a trespass or a felony; and I state it so, that it may not go abroad, that if you acquit the prisoner, that he has obtained the harness as his own property: it is by no means to be understood that servants have a civil right to lay hold of the property of their masters and keep it as wages.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr.   Baron THOMPSON .