2nd April 1800
Reference Numbert18000402-27

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270. CHARLES YEOMANS and JOHN SMITH were indicted for feloniously stealing, on the 17th of February , four pair of sheets, value 3l. two cotton gowns, value 1l. 10s. a bolster, value 4s. two pillows, value 4s. 3d. a pair of blankets, value 1l. a bed-cover, value 7s. three tablecloths, value 2l. four shifts, value 10s. three muslin neck handkerchiefs, value 3s. a shawl, value 5s. a pocket-handkerchief, value 6d. a calico bed gown, value 2s. a dimily petticoat, value 3s. a calico petticoat, value 2s. a black calimanco petticoat, value 3s. two muslin aprons, value 2s. two waistcoats, value 5s. a yard of canvas, value 6d. a blue apron, value 1s. 6d. four stockings, value 6d. two towels, value 1s. a night-cap, value 6d. a silver-watch, value 4l. a tea-chest, value 2s. three tin cannisters, value 6d. and 4s. in monies, numbered, the property of Robert Winter , in his dwelling-house .

THOMAS DUNCAN sworn. - I lodge at the Robin-hood and Little John, Charles-street, St. James's-square ; Robert Winter keeps the house; on the 17th of February, about dusk, I was in my own room, up one pair of stairs; I heard a noise at my room door, I heard a second noise, and then I went and opened the door, I perceived the two prisoners, each of them with a bundle upon their backs, one was lower down the stairs than the other; I saw the colour of their clothes, one said to the other, this is the way; I followed them down stairs, and called Mr. Winter, they were then going out at the door; Winter and I went in pursuit; I went up Charles-court, which is almost directly opposite our house, but I saw nothing of the prisoners there; I saw them both turn the corner of Charles-street, into St. Alban's-street; I went round, with an intention to interrupt them; I heard that the prisoner Yeomans was then taken; I cannot swear positively that he was one of the men that I saw upon the stairs; Yeomans had a brown coat, and the other a blue coat; about half an hour after that, I saw Smith; they were both drest the same as the two men that I saw coming down stairs; I saw the colour of their clothes very distinctly, when I opened my room door, and likewise when they got across the street.

ROBERT WINTER sworn. - I received an alarm from the last witness, on the 17th of February; upon coming to the door, Duncan was standing on the threshold, he desired me to follow those two men, pointing to the two prisoners at the bar; I pursued them immediately; they had each of them a large bundle upon their backs; I followed them till I got round the corner, into St. Alban's-street; I was then out of breath with running so fast, and immediately called stop thief; I was then within from twenty to thirty yards of the prisoners, they were, as near as I can recollect, six or seven yards apart; on calling out, stop thief, Smith, who had a blue coat on, turned his head round quite facing of me, and upon seeing me so near him, he threw down his bundle immediately; Yeomans turned round also to see from whence the noise proceeded; he carried his bundle five or six yards further, to the other side of the Strand; he threw it down in the kennel, just by the side of the pavement; he then ran as fast as Smith, towards Market-street, in going out of St. Alban's-street, I turned to the right; I pursued them a little further along Market-street; Yeomans, and another person, that ran with them, turned to the left hand, that was a person that I suspected of being an accomplice, he was in my house not half a minute, before Duncan gave the alarm; Smith turned to the right towards Market-lane; I pursued Yeomans into Norris-street, and there I recollected the goods, and I went back to look for them, about one hundred yards, and I found them where they had been thrown away; a soldier assisted me in carrying them; upon going up stairs, I found my own key in the room door, a back-room, up two pair of stairs; I found the room stripped of all the linen that was in it, and every thing, excepting the beds; a female servant had been the last person intrusted with the key; the next observation I made was, that one of the bureaus, there were three in the room, was broke open; I missed some new silver coin, to the value of four shillings, but I cannot say so many pieces; I then missed my watch off the window; I had laid it there when I got up, the key used to be kept in the bar; I can speak to the property when it is produced; as soon as I had secured the property, I came down stairs, and Duncan came in at the same time at the outer door; I was then informed that Yeomans was taken with my watch to St. Martin's watch-house; on coming there, Yeomans was sitting on a seat, I said, that is one of the men that had part of my property upon his back; there were a great number of other people there, eight or nine to the best of my recollection; I gave a

description of the maker's name and number, and a bruise in it; then the watch was shewn me, and I knew it to be mine; in about ten minutes after that, Smith was brought in, and I immediately said, that is the first man that threw down my bundle; I am very sure the two prisoners are the same men that I saw with my property.

Yeomans. Q.What coloured coat had I on? - A. I cannot take upon me to say the exact colour, it was a dark colour, something like a snuff colour.

Yeomans. Q. How was the person, you suppose to be the accomplice, drest? - A. I cannot say.

Q.You are positive to my being one of the persons that carried the bundle? - A. Yes, I am.

Jury. Q. Did you not say that he turned round and looked at you? - A. Yes; I saw his face at that time as plain as I see your's now; I was not then further than 30 yards from him, it was then nearly as light as it is now.

Q. Were the lamps lit? - A. No; I had never seen either of the prisoners before to my knowledge.

Q. Keeping a public-house, I suppose your outer door generally stands open? - A. Always.

JOHN WILLIAMS sworn. - I live at No. 22, St. Alban's-street, with Messrs. Scott and Randall, apothecaries: On Monday the 17th of February, I think, a little after five, I am not quite certain; I saw two or three men on the other side of the way, in St. Alban's-street, two of them had bundles on their backs running fast; they were running from Charles-street; across St. Alban's-street, towards Market-street; I looked down the street, and saw somebody crying stop thief; a man ran first without a bundle, Yeomans ran next, and Smith a few yards after him; when they heard stop thief called, they each of them threw down their bundles about seven or eight yards distant from each other; they turned the corner, and ran towards Norris-street, Smith ran down Market-lane; I saw no one follow them, and therefore I followed Smith, calling stop thief, but no one ran after him but me; I pursued him round Pall-mall, and into the Hay-market; I then saw him reeling from one side of the pavement to the other, like a drunken man; I pursued, and called stop thief; as soon as he heard that call behind him, he looked round, and seeing me, he ran across the Hay-market, and down Little Suffolk-street; I pursued him, calling stop thief; a great many people were collected together, running after him; I pursued him down Great Suffolk-street, and there I lost sight of him, and did not see him again till he was in Mr. Amies's shop in Whitcomb-street; he was secured in Amies's shop.

Q. How long was it from the time you first saw him, till you saw him in Amies's shop? - A. Scarcely five minutes, for I ran as hard as I could; I can speak positively to the face of Smith; I cannot speak so distinctly to Yeomans', it was Smith that I followed; Smith had a blue coat on, with a velvet collar; the other had a brown coat on.

Q. Had he been reeling before he got into the Hay-market? - A. No; he ran as fast as any sober man could do.

Q.And that you are very positive was Smith? - A. Yes.

Prisoner Smith. How came you not to come to the second examination at Bow-street? - A. My master could not spare me from business; I was there at the first examination.

- AMIES sworn. - I keep a broker's shop, in Whitcomb-street: The prisoner, Smith, came into my shop about a quarter past five o'clock, he appeared very much agitated and frightened; I asked him who he was, and what he wanted; he gave me no answer; I asked him a second time what he wanted, and who he was, and then I seized him by the arm; at that moment two or three people came rushing into the shop, and Williams said, that is he, this is the man; there were a great number of people at the door, and several people asked him who he was, and he said he was a gentleman; and then he was taken out of my shop to the watch-house.

Smith. Q.Was I not very much in liquor? - A. He appeared very much agitated; I cannot tell whether it was from agitation or liquor, but he smelt of liquor certainly.

ROBERT RITCHIES sworn. - I am a watchman in St. Martin's parish: I was coming from the Hay-market, across St. James's Market, I heard a cry of stop thief; I looked up, and saw the prisoner, Yeomans, running; that is the man, (points to him); he was coming from the bottom of the Hay-market up James-street; I immediately pursued him, and about the middle of James-street, somebody crossing obstructed his running, and I immediately caught hold of him; when I had laid hold of him, I saw him throw away a watch; I saw the watch perfectly, he threw it into the middle of the street, near to the kennel, with his left-hand; the watch was picked up immediately, by some man who said, here is your watch, I cannot say who it was; the watch was brought to the watch-house by a person that is not here.

Q. Are you perfectly sure, that what the person threw from him was a watch? - A. Yes, perfectly.

Yeomans. Q. Did I not come up the east side of St. James's Market with you? - A. No; I never saw him till I got almost into James-street.

Yeomans. Q. Did you give the same account at Bow-street? - A. Yes, I did.

ROBERT ROSE sworn. - I am a constable: I saw

the prisoner, Yeomans, in custody of the last witness; it happened to be very near the watch-house, and I went up to see what was the matter, and he was then very refractory; I had very great difficulty to secure him and get him into the watch-house; in a very few minutes after we got into the watch house, a Mr. Brookes brought in the watch, and delivered it to me; I asked Mr. Brookes from whom he got it; the prisoner heard all that passed; he said, there was a great concourse of people, he could not tell who he received it from; in a few minutes after that, the prosecutor, Winter, came in; he said he had lost his watch, Smith was not there then, but he fixed upon Yeomans immediately; the watch-house was as full as it could hold, I suppose there were fifty there, and he pointed to Yeoman's, and said, that is the man; he told me the maker's name, and number of the watch, and I stepped on one side, and found it was as he described it. (Produces the watch).

Winter. This is my watch; Charles Heley , London, No. 1711; it is now without a glass, it was whole when it was in my room.

Rose. It had no glass when it was given to me.(The bundle produced).

Q.(To Winter.) Can you undertake to say, that every article in these two bundles came out of your house? - A. Yes.

Q. Among these various articles, what value do you set upon that property, independent of the watch? - A.The value I have set upon them is about ten pounds, but they are worth more than double that.

Yeomans's defence. On the evening of the robbery, I had been down to Pimlico to see a friend of mine, in Eaton-street, that keeps a baker's shop there; on my return home, crossing St. James's-square, I came up Charles-street, and getting towards St. Alban's-street I saw the watchman, and two or three people; somebody said, that is him in blue; and running along Norris-street, I crossed over the Hay-market, a considerable crowd of people were running, I crossed over into James-street, and crossing the bottom of Oxendon-street, a stout man, with an apron on like a butcher, caught hold of me by the handkerchief, and stopped me; says I, you are mistaken, my friend, and he let me go; I stood still, and presently after, this watchman, and two or three more people, came up and collared me.

Smith's defence. I have hardly any thing to say, I was fuddled; we neither of us expected our trials to come on so soon, and our friends are not here.

Yeomans, GUILTY Death . (Aged 28.)

Smith GUILTY Death. (Aged 28.)

Tried by the second Middlesex Jury, before Mr. Baron THOMPSON.

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