Offence: Theft > theft from a specified place
Verdict: Guilty > with recommendation
Punishment: Death; Death
Navigation: < Previous text (trial account) | Next text (trial account) >
1000. JOHN CADWALLADER and JOHN PROCTER were indicted for feloniously stealing, on the 7th of October , a large key, value 1 s. thirteen other keys, and a ring value 1 s. a silver mustard-spoon, value 6 d. a silver cruet-frame, value 1 s. a pair of knee-buckles, value 5 s. a pair of other buckles, value 10 s. two pair of shoes, value 8 s. two pair of pistols, value 10 s. a pair of worsted stockings, value 1 s. three shirts, value 6 s. four pair of breeches, value 18 s. three coats value 12 s. a smelling-bottle and case, value 5 s. five broaches, value 10 l. a gold chain, value 10 s. a gold trinket, value 1 s. two silver clasps, value 1 s. a remnant of irish cloth, value 5 s. and a loose body of a dress, value 4 s. one guinea, seven half-guineas, a seven shilling piece, and a thread case, value 2 d. the property of Thomas Bridges Hughes , in his dwelling-house .
Q. Do you know Mr. Hughes's house in Great Millman-street - A. I do; No. 3, his house is. I was desired by Mr. Hughes to give an eye to his house while he was out, before he went out of town. My house is in the neighbourhood of Mr. Hughes's; we are in an angle by the chapel. Mr. Hughes left town on the 6th of October, and his family. On the morning of the 7th, about half past six I stood at my own door.
Q. How is your door situated with respect to Mr. Hughes's - A. My door is direct in a corner, and Mr. Hughes's running into Millman-street is a complete angle across; mine is the corner of Great James-street, and as I stand at my corner I see direct into Mr. Hughes's house if the door is open.
Q. Now, sir, at half after six, having an opportunity of looking into the house, what did you observe - A. I stood at my door, and saw a man standing at Mr. Hughes's door; there was a man standing on the steps of the door; I did not like the appearance of this man, which caused me to watch the man; I had stood about two minutes, when I saw the two prisoners at the bar come out of Mr. Hughes's house.
COURT. Was either the prisoners the man that you saw at the steps - A. No; that was another man. I wish to observe, I first saw the third man, and afterwards the two prisoners coming out of the door.
Q. You first said the two prisoners; you mean to correct yourself - A. Yes; I saw two men come out of the house; I am quite sure Cadwallader is one of them: I believe Procter to be the other man that came out of the house with Cadwallader; I do not swear that; the reason I did not swear that Cadwallader coming out it struck me with such astonishment. The second man I could not ascertain his face.
Q. Then, if I understand you, Cadwallader came out first - A. Yes. I could not observe so much the face of the other man, but from his general appearance I believe him to be the other man. Cadwallader had a large white canvas bag; he swung it over his shoulder after he came out, and the man that I believe to be Proctor, he had a black bag. Upon their coming out I lost the third man altogether; I did not see what became of him.
Q. Did not you call out to him - A. I did. I do not remember the words verbatim; what are you doing there; what have you got, and what are you going to do with the property; some such words, or to that effect. They neither of them gave any answers. Cadwallader came directly before me under the chapel; the other turned down Millman-street, and crossed over the way at the end of the chapel, as if for New Ormond-street. I must observe for a moment, I came to my door nearly undressed, with my smallclothes on, and my stockings. At that moment I did not wish to go to the prisoners, but finding they did not answer me I called out stop thief, directly. Upon seeing Cadwallader take to his heels and dropping the bag, I pursued them. Cadwallader came directly before me under the chapel, walking orderly still with the bag. Upon my crying stop thief, he took to his heels. I then pursued him. He took straight along Chapel-street, which leads into Lamb's-conduit-street; he ran up Great Ormond-street. I still continued to cry stop thief, which had occasioned a number of people to pursue. When he had turned the corner, and gone up Great Ormond-street. I then thought proper to go back, from the situation I was in; I was fearful on account of my dress. I went home and dressed myself.
Q. Do you know what became of the bag that Cadwallader dropped - A. My lad went to pick it up; I told him not, but to follow the man. I believe when I came back the bag laid in the same situation that it was dropped. I saw it. A friend of ours, his foreman came and picked the bag up; his name is James Adams ; he is here; he was a person I knew.
Mr. Knapp. Was that the same bag that you saw
COURT. How far is your shop, (the corner where you were standing) from Mr. Hughes's door - A. It is not thirty yards, I think. Mine is a corner shop, an oil shop. When Cadwallader was walking with the bag he dropped it where I think he was not fifteen yards off me.
Q. Had you lost sight of him from the time that you saw him, in pursuing him - A. Yes, in turning round the corner of Chapel-street, into Lamb's-conduit-street, but I recovered it again. I continued in sight of him after he turned into Ormond-street, and then I left the pursuit to others who were pursuing him. Robert Percival began the pursuit when I did.
ROBERT PERCIVAL . I am a servant to Mr. Nunn. When my master gave the alarm I was in the shop; upon hearing the alarm I saw Cadwallader come over the crossing by Mr. Hughes's house; I went out immediately upon the alarm. When I first saw Cadwallader; he was about two yards from Mr. Hughes's house. I saw him drop the bag under the chapel window, in Chapel-street; directly he dropped the bag he began to run; I ran after him; he ran into Lamb's-conduit-street, down Chapel-street; he went straight from Chapel-street into Lamb's-conduit-street, and then turned to his right until he came to Great Ormond-street; he went into Great Ormond-street, running all the time, I pursuing him. He ran up Devonshire-street, turned the corner of Queen-square, through Boswell-court, into East-street, Red Lion-square. He was stopped by Mr. Mason. I saw him stopped by Mr. Mason.
Q. Had any persons joined you in pursuing him - A. Yes, there were a great many people pursuing him behind. I was about ten yards before them. I never lost sight of him.
Q. Did you go up to him after he was stopped by Mason - A. Yes. That man that was stopped was Cadwallader. and I am quite sure he is the man that I saw drop the bag; I am positive of it. I went to the bag, picked it up, and laid it down again. It was a white bag; it was the same sort of a bag as I afterwards saw in my master's possession.
Q. Who brought the prisoner back - A. I and Mitchell; Mr. Mason said he could not. We brought him back to my master.
JAMES MITCHELL . I am a mason. On the morning of the 7th of October, about half past six o'clock, I was at the corner of Chapel-street, in Great James-street; I heard the cry of stop thief; I saw Cadwallader coming out of Mr. Hughes's house; I saw him come out of the door; he had a parcel with him; I followed him; he went down Chapel-street as fast as he could; he took the course the last witness has mentioned, and when he got a few yards to Queen-square I got before him; I attempted to catch at him; he offered to strike at me with this weapon, this iron crow.
Q. Did he hit you - A. No, he did not hit me; his attempting to strike, that induced me to let him go on. I was under the necessity for a moment to let him go on; seeing the weapon I made way for him. He turned into Devonshire-street, through Boswell-court; I still followed him, and never lost sight of him down into East-street; in East-street a gentleman that is here happened to run across to him and stopped him.
Q. What is that person's name -
Mr. Reynnlds. His name is Mason; I shall call him next.
Mitchell. I went up to him; I and Percival took charge of him, and brought him back to Mr. Nunn's.
Q. You have got that instrument in your hand - A. Yes, this crow I took out of his hand when I collared him.
COURT. Had he it in his hand when you collared him - A. Yes, I took it out of his right hand. I went with him to the watchhouse, and I took this iron crow to the watchhouse. I shewed it to Mr. Hatton.
CHARLES MASON . I am a potatoe dealer; I live in Boswell-court. On the morning of the 7th of October I heard the cry of stop thief, about half past six. I had just opened my door. The prisoner, Cadwallader, came running by; I suspected he was the man they were pursuing. As soon as I saw a mob of people running after him I upon that run after him; I overtook him at the end of Boswell-court; I made a catch at him; as I went to lay hold of him he up with his two arms, and turned round; he endeavoured to strike me. I did not perceive any thing in his hands. I pursued him down East-street; I laid hold of him, and held him until Percival and Mitchel came; I could not stop; they took him away.
Q. Now, look round, and tell me whether you know either of the men at the bar - A. I did not take particular notice of them. I remember Mr. Nunn calling to a man; I heard him speak to him; I could not hear particularly what he said. I saw the man drop a bag opposite my window, in front of the chapel, about the middle of the foot pavement. I kept sight of the bag until Adams came and took the bag up; he laid it down again; then Adams came and took the bag, and carried it into Mr. Nunn's shop.
Q. Did the man that dropped the bag immediately run away - A. Yes, and Mr. Nunn cried out stop thief.
Q. Did you happen to be in Great James-street
Q. I understood you crossed to the corner of Little James-street - A. I went to the man that stood at the corner; this man pointed out to me a man and a bag; his name is George Harvey . That bag was laying at the end of the chapel, about half way in Millman-street, I looked over, and saw the bag. I said, if that is the case I will stop him. I made over to the man; he took the flap of his coat under his arm, and set off running as fast as he could, and cried out stop thief.
Q. Who was the man - A. I rather believe it was Proctor; I cannot swear it. He ran up Chapel-street, into Lamb's-conduit-street. I picked the bag up, and carried it to Mr. Nunn's. That bag was dropped opposite of Mr. Nunn's door.
Q. Did you see more bags. Where was the bag lying that you picked up and carried to Mr. Nunn's - A. It was lying opposite of Mr. Nunn's, opposite the chapel; it was a white canvas bag. I saw a black bag that was dropped in Millman-street: I did not see it dropped. It was lying on the pavement, and the man when I first saw him was about five or six yards from the bag.
Q. How soon after you picked up the bag you carried into Mr. Nunn's was it that you saw a black bag I saw the black bag first.
Q. Whereabouts in Millman-street did you see that - A. On the left hand side, next to the chapel, on the foot pavement.
Q. Now, how far down the side of Millman-street, part of it is the chapel - A. Yes; it appeared to me to be better than half way down where the bag lay.
Q. And you saw that at the corner of Little James-street - A. Yes, and another witness that is here saw it. I saw that at the corner of Little James-street. At that part I could command a view of both sides of the chapel, the side of the chapel in Chapel-place, and that side in Millman-street.
Q. The next bag you saw was in Chapel-street - A. Yes.
Q. Did you see any body with that bag - A. I saw a man coming from the bag as it were, from the corner of Chapel-street into Chapel-street.
COURT. You did not see him drop it - A. I did not; the young man pointed out the man that dropped the black bag in Millman-street; I tried to stop him; as soon as he saw me going to take him he took up the corner of his clothes and ran off; went to stop him; he took his coat under his arm, and set a running, holloaing stop thief; he went up Chapel-street, into Lambs-couduit-street; I pursued him as far as the corner of Chapel-street, and I returned back again; that man turned up as for Ormond-street; he turned to the right.
Q. You, however, did not pursue him - A. I did not. I went back to the black bag.
Q. Did you find it in the same place - A. Yes; there was a lad stooped for it just at the time I went up; he said, he was going to take it to the watch-house, as the man was secured and taken there; the lad is here. I looked up Chapel-street, there I saw the white bag; there was nobody at the white bag; when I went up to it I picked it up, and carried it to Mr. Nunn's. The black bag the boy took charge of. I know nothing more.
Q. The man that you saw run away are you able to speak to him - A. No; I rather believe it was Procter; I cannot positively speak to his person.
GEORGE HARVEY . I am a bricklayer; I live in Whetstone Park, Lincolu's-inn-fields. On the 7th of October, Great James-street was in my journey to work. About half past six, when I got to the corner of Great James-street, I heard Mr. Nunn cry out stop thief; about a minute after I saw Procter; I am certain I saw the prisoner, Procter; I have no doubt of his being the man; he was coming towards me from Millman-street, he was walking fast, he had a dark coloured bag on his shoulder; when stop thief was called, he dropped the bag near the post, at the chapel door, in Millman-street.
Q. In what street did he drop the bag - A. In Great Millman-street, in the street in which Mr. Hughes's house is in; he was coming in a direction as if to me, he returned back again into Millman-street; he was not gone back half a minute before he returned to the bag again, the same bag that he dropped; he kicked the bag, and stooped as if to pick it up; he turned about and saw me; he then spoke to this effect, d - n them, they have left some of their things here. The prisoner, Proctor, then went down Chapel-street; he left the bag, and went towards Lamb's-conduit-street. I went after him into Lamb's-conduit-street, and followed him into New Ormond-street; I then called, stop thief, stop him, for the first time. I saw a person of the name of Nichols, catch him. Nichols took him to the Foundling watchhouse. I then went to my work. Nichols came to me where I was at work, and told me I must go to the watchhouse.
Q. How came Nichols to know where you was at work - A. He worked in the same place. I went to the Foundling watchhouse, I saw the prisoner, Proctor, sitting there. I was certain that he was the person that I have been describing. I saw Proctor searched: on his person I saw some phosphorus and matches, with brimstone at the end; the matches were broke in half, and a piece of wax candle about three or four inches long, four plaid handkerchiefs, and a plaid handkerchief with some tea in it. Three skeleton keys were brought in by some person that is here; I do not know his name.
Q. Do you know what became of the black bag - A. It was brought to the watchhouse while I was there.
Q. Had the dark coloured bag the appearance of the bag that you have been describing - A. Yes; I have no doubt in the least that it was the same.
Q. When you first saw Proctor he was coming in
Q. Why did he then turn his head - A. I was in his front; the prisoner was stopping at that time to the bag; he turned his head, and saw me, and returned back.
WILLIAM NICHOLS . I am a painter and glazier, I live at 38, in Lamb's-conduit-street. On Thursday, about half past six o'clock in the morning, I was standing at my front door; upon my hearing the cry of stop thief I ran to the corner of Great Ormond-street, I there stopped two or three minutes before I saw Procter; after hearing the cry about two minutes I saw Procter; he was walking. I heard the cry of stop thief from different voices, Harvey likewise saying, that is the man. I pursued Procter, and stopped him; he was running when I took him. The moment I pursued him he ran; I came up to him two thirds of the way down New Ormond-street; I took him to the watchhouse at the Foundling hospital; I did not see him searched. A dark bag was brought in by James Fisher .
JOHN CLINE . I am a servant to Mr. Wilson, Theobald's-road. On Thursday the 7th of October, I heard the cry of stop thief, at the bottom of Millman-street, beyond the chapel; then I went up Millman-street, towards Great James-street. I then came up Millman-street. I got up at the upper end of Millman-street before I came up to Procter. I came up to the prisoner, Procter, pretty near the chapel; he was on the same side as the chapel; I was on the same side.
Q. When you saw him was he walking - A. No, standing still. He had a dark coloured bag with him upon his shoulder; he dropped the bag, and walked away from it. He dropped it just by the chapel door, in Millman-street.
Q. What became of him - A. He turned by the chapel in Millman-street, into Chapel-street. I went down Chapel-street after him. I then turned back after I saw somebody go after him. When I returned back again I picked up the bag where he had left it in Millman-street; a young man that is here came and took the bag out of his hand; his name is Fisher.
Q. Did you go to the watchhouse afterwards - A. No.
Q. Did you see prisoner, Procter, taken - A. I saw him caught hold of.
Q. After you saw him drop the bag you saw him going away from it - A. Yes.
Q. You returned, and there you saw the bag where you had seen it before; is that the truth of the case - A. Yes.
Q. to Harvey. What time were you speaking of - A. Half after six, rather sooner than later.
Q. You have been telling us you were going to work, you heard the cry of stop thief, you saw the prisoner going from Millman-street, what time was that - A. It was about half a minute after I heard the cry of stop thief; the alarm of stop thief made me stop to look; I saw him drop the black bag near the chapel door. Directly the man came back, I followed him; I run as fast as I could. I thought it better for me to follow him as far as I could, until I came within one door of the chapel.
Cline. It was a little below the chapel I saw the man drop the bag; when he returned to it he went up to it, and then he went away, and then it was that I followed him into Chapel-street.
JAMES FISHER . I am a poulterer; I live in Lamb's-conduit-street. On the 7th of October, about half past six, I heard the cry of stop thief; I immediately ran out of the shop, and ran down Chapel-street, into Millman-street; going into Old Millman-street, round the left, I met Cline.
COURT. That is the same Millman-street that you have been speaking of.
Mr. Knapp. Yes.
Cline. That is the man I gave the bundle to.
Fisher. I met the lad, Cline; the lad stooped and picked up the bag; the lad held the bag to me, and said this is the bag that one of the men dropped.
Q. Where was it in - A. In Millman-street, just by the chapel door. It was a dark bag; there was something in it, it felt bulky. I then took the bag into New Ormond-street. I offered the bag to the man that had taken the prisoner, his name is Nichols. He desired me to bring it down to the watchhouse. I did so. I took it to the watchhouse at the Foundling; I gave it to Lillywhite, the watchhousekeeper. It was in the same state as when I took it from Cline.
- LILLYWHITE. I am watchhouse-keeper at the Foundling estate. On the 7th of October I received charge of Procter, about twenty minutes before seven o'clock. The witness, Nichols, brought him in, in company with Fisher, with the bag. Nichols gave me charge of him. I asked him what the man had done. He said he could not inform me; he would fetch a man that could; he heard the call of stop thief. Then he left me, and fetched Harvey. Harvey came and said the prisoner was the man that dropped the bag, I searched the bag; in the bag I found two pair of boots, and two pair of shoes. It is a black bag. It contains another bag inside. I searched Procter; I found on him gold broaches, gold lace, some cotton handkerchiefs, silver knee and shoe-buckles, a silver snuff-box, a smelling-bottle and case, two gold rings, this pearl box, with gold sleeve-buttons in it, a silver thimble, a gold chain, and a garnet necklace, a silver purse, with half-a-guinea in it, a phosphorus bottle, matches, and candle, three matches and a bit of wax candle, a pen-knife, a silver ladle for wine, a seven-shilling piece, three shillings, and a small bit of silver. Here are three skeleton keys that were delivered to me by the witness, Wilson. That key opens Mr. Hughes's street door when it is on the double lock. That is a large one; the others are two smaller ones; a pair of silk gloves, and a gold band. The prisoner, Procter, said to Harvey, when he said he was the man, he said, mind be careful that he did not speak wrong. The skeleton keys were delivered to me in this green bag. Almost all these articles were in his left hand coat pocket, and a handkerchief with some tea in it was in his right hand coat
WILLIAM WILSON . I am a plumber, In Theobalds-road. On Thursday, the 7th of October, I was in Millman-street, I heard the cry of stop thief, in the morning; I saw Procter standing nearly opposite of Mr. Hughes's house. I am sure it was Procter.
Q. Did you see any thing picked up there - A. No; I was going back to pick up these keys, on the opposite side of the way. I saw Procter standing nearly opposite of Mr. Hughes's house; I was walking towards Great James-street, Bedford-row; I picked up a green bag, containing three skeleton-keys. That is the green bag that the last witness produced; I picked it up about three doors from Mr. Hughes's house; Procter was then taken. I saw the people in pursuit of Procter, I joined the pursuit. I went back a few yards with them; when I returned I picked up this green bag about three doors from Mr. Hughes's house, on the same side. I took the bag and the keys immediately to the watchhouse, and delivered them to Lillywhite, and there I saw Procter.
Q. Now, was Procter at the watchhouse, the same man that you saw standing in Millman-street - A. Yes; I have no doubt at all of it.
Q. to Mr. Nunn. Produce the things from the other bag - A. This is the bag that Cadwallader dropped: this is the white bag spoken to first; I have had the custody of these things ever since; they are precisely the same things as were delivered to me with the bag.
MR. HUGHES. I reside at No. 3, Millman-street, Bedford-row.
Q. I believe you left town for the vocation on the 6th of October - A. I did. I requested Mr. Nunn to have an eye to my house. He is a good neighbour, and an honourable man.
Q. When you left your house was it in a state of perfect security - A. I left a servant in it; I cannot speak to the state of the house. Most of the articles which were produced to me before the magistrate were left in a room, and locked up by me before I went on that morning, safe in my drawing room, on the ground floor.
Q. Will you tell me whether there was a chamber key in that drawing-room - A. There was a door-key hanging up in that room, which the constable has got here; the key of my chambers in the Temple; I had left two pair of boots, and a pair of shoes, in an inner room, not in the same room; one room opens into the other; I took the key of the inner-room into the country with me. That is the key; it was produced by Hatton.
MR. HATTON. I am beadle and watchhousekeeper of St. Andrew's. The key which Mr. Hughes had in his hand just now, on searching Cadwallador, I found in his left hand coat pocket. That is the same key; I marked it.
Mr. Hughes. That is the key of my chambers in Pump-court; I have had it many years. I am perfectly sure that is my key; it was left in the room. The boots I knew perfectly well, by one pair having been let out in the front; the other old pair by having been worn of one side, only they are not right and left; the old shoes I believe are mine; there is a silver snuff-box.
COURT. These things were found upon the person of Procter - A. Yes; the snuff-box I knew perfectly well; it shuts not quite close, there is a little elevation on the upper part of it; I have had it some years, it has been but little used; I know it. I believe it to be silver; I bought it for silver; I suppose it is worth half a guinea. A pair of silver shoe buckles, I know very well; they are worth seven shillings perhaps; a pearl-box with two pair of gold sleeve buttons in it, and an odd one, I knew perfectly well; they are worth half a guinea; the box three shillings; a pair of knee-buckles; they are worth half-a-crown, I suppose; here are some pocket-handkerchiefs, they are my common ones; there are five of them, worth half a crown; nothing else of Procter's bundle. Here is a silver wine-ladle; my servant knows it, I do not.
Q. Now, look at Cadwallader's, the white bundle - A. This black kerseymere waistcoat I believe to be mine, and a black silk waistcoat, I knew that, it is mine; a great coat lined with silk; I suppose it is worth five pound, and five shillings for the waistcoat altogether; a pair of black kerseymere breeches, I believe to be mine; a black coat, I believe to be mine; it is worth a pound, it is almost new; another coat, which is older; I put that at ten shillings; a pair of blue pantaloons, there is a particular mark on them which I had noticed, there is a stich dropped in the front; they are worth four shillings. Here is a good many other things which I believe to be mine; is it needful that I should go through them all?
COURT. No - A. This pair of pistols belonged to me when I was a Light Horse Volunteer, they are marked 17 l. the mark I had in the regiment; they are worth a pound; they are good ones; here are a pair of new shoes; the clerk can speak to them; here is a shirt with my mark to it.
JEMIMA - . Q. You are a servant to Mrs. Hughes - A. Yes. On the day my master and mistress went into the country I went with them. I knew this gold locket, it is my mistress's, the broach is Mrs. Hughes's, and the smelling bottle and case, these things are all Mrs. Hughes's; these gowns I know; the gold chain and necklaces, I believe to be my mistress's.
Q. By Mr. Hughes's desire you were to sleep in the house while he was out of town, were you not - A. It was so understood; I did not sleep there the first night. I left the house on Wednesday, the 6th of October, about the hour of three in the afternoon, as I considered in a state of perfect security. The servant went away about seven o'clock in the morning. I was left in charge of the house. I heard the house had been plundered on the morning of the 7th; I went to the house in Millman-street about
Q. Now, I ask you whether you had or not observed the key of Mr. Hughes's chambers on the day you left the house at three o'clock - A. I did observe it particularly, the key of the chambers in the Temple; it was hanging on a brass hook over the shoes, in Mr. Hughes drawing-room. This is the key; I am quite sure of it. I had the key eighteen months in my own possession.
COURT, to Matthews. You left the house about three, and locked the door; how were the windows - A. The window shutters of the house were all shut up, from top to bottom, such rooms as bad shutters, and a card on the door, stating that all parcels were to be left at Mr. Nunn's, opposite.
Q. Did you loose any thing from your master's house - A. Yes, money; one or two guineas, five or six, or more, half guineas, and several seven-shilling pieces, and some silver; the silver was in this wooden box. The gold was in a box not taken; I cannot speak positively to the money. It was different coin.
Mr. Hatton. I am the beadle of St. Andrews. I produce some things I found upon Cadwallader, fifteen picklock-keys; I was proceeding to search him; he said, he would give to me all; he delivered them up at the watchhouse; he was brought there, and given to me in charge. Here is a silver mustard-spoon, a pair of pliers, and a small bunch of keys.
MRS. HUGHES. This small bunch of keys are mine; I left them in my house when I went into the country, and the boxes.
Hatton. I found upon the prisoner, Cadwallader, a dark lanthorn, a case with a pair of scissars; a silver tooth-pick, seven half-guineas, a guinea, a seven-shilling piece, fourteen shillings and sixpence in silver, and four pence halfpenny in copper; that is all.
Mr. Knapp. It is a particular stamp - A. It is.
JURY. The mark is in the centre; it is different from another half-guinea.
Q. to Mr. Hughes. Your house is in Millman-street - A. It is.
Hatton. It is in the parish of St. Andrew, Holborn.
Cadwallader's Defence. One of the witnesses has acknowledged he lost sight of the person that came out of the house; I trust you will see the improbability of the other witnesses keeping me in view all the time any more than Mr. Nunn, and one of the witnesses said I went to strike him, that I lifted up both my hands offering to strike him, but he saw nothing in my hands; the other witness said I went to hit him with the crow.
Procter said nothing in his defence.
CADWALLADER, GUILTY - DEATH , aged 36.
PROCTER, GUILTY - DEATH , aged 36.
[ The prisoners were recommended to mercy by the prosecutor, on account of their not doing violence to any person, or to any part of the furniture, and the pistols being loaded they had taken out the priming and the flints .]
Second Middlesex Jury, before Mr. Baron Thompson.